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HomeMy Public PortalAbout05-04-1992 109 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. MONDAY, MAY 4, 1992 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, May 4, 2 1992, in the Council Chambers in said City. President Elstro presided with the following Councilmembers 3 present: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton.The following business was 4 had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 ROLL CALL 9 10 Nine present. 11 12 PRAYER 13 14 Councilmember Lundy gave the prayer. 15 16 APPROVAL OF MINUTES OF APRIL 6 AND APRIL 20.1992- 17 18 Councilmember Brookbank moved to approve the minutes of April 6 and April 20 as prepared, seconded by 19 Councilmember Parker and on unanimous voice vote the motion was carried. 20 21 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS 22 23 Councilmember Donat presented a petition from residents of Waverly Drive who are concerned about the 24 lack of street lights in their area. Twenty signatures were obtained from residents during a canvassing of the 25 area.The petition was given to the Clerk to pass on to the Board of Works. 26 27 COMMUNICATIO NS FROM THE MAYOR 28 29 None presented. 30 31 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 32 33 REPORTS FROM SPECIAL COMMITTEES 34 35 None presented. 36 37 REPORTS FROM STANDING COMMITTEES 38 39 Councilmember Hutton invited all Councilmembers to the grand opening of the Super Park May 16, at 40 Middle Fork Reservoir. 41 42 REPORTS FROM OTHER COUNCIL COMMITTEES 43 44 None presented 45 46 ORDINANCES 47 48 ORDINANCES ON FIRST READING 49 50 Councilmember Brookbank moved to read on first reading by title only Ordinances No. 25, 26, 27 and 2$ - 51 1992.The motion was seconded by Councilmember Parker and on unanimous voice vote the motion was 52 carried. 53 54 ORDINANCE NO.25-1992 55 56 The Clerk read on first reading by title only Ordinance No. 25 - 1992 - A SPECIAL ORDINANCE 57 AUTHORIZING THE APPROVAL OF STATEMENT OF BENEFITS FOR PROPERTY OWNERS APPLYING 58 FOR REDUCTIONS UNDER I.C. 6-11 - 12.1. 59 60 Councilmember Parker announced that Councilmembers needed to amend the ordinance by adding Cinram, 61 Inc. to the machinery list and the date on that would be May 1, 1992. He added that the Tax Abatement • 62 Committee had met and all those on the list had met the requirements of the law and were recommended for 63 adoption. Councilmember Parker made the motion for adoption, second by Councilmember Hutton and on 64 unanimous voice vote the motion was carried. President Elstro noted that the ordinance could go all the way. 65 11 0 Common Council Minutes Cont'd May 4, 1992 Page 2 Councilmember Brookbank moved to advance Ordinance No. 25 - 1992 to second reading and read by title 2 only,second by Councilmember McBride and on unanimous voice vote the motion was carried. iii The Clerk read Ordinance No.25 - 1992 on second reading. 11 President Elstro asked for questions from Councilmembers and hearing none announced the ordinance 7 was open for public hearing. No comments were made for or against. Councilmember Brookbank moved for engrossment,second by Councilmember Hutton and on unanimous voice vote the motion was carried. 1 Councilmember Brookbank moved to advance Ordinance No. 25 - 1992 to third reading and read by title 1 only, second by Councilmember Parker and on unanimous voice vote the motion was carried. 1 1 The Clerk read Ordinance No.25 - 1992 on third and final reading. 1 1 Ordinance No.25- 1992 was adopted on the following call of the roll: 1 17 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 18 Nays:None 19 2 ORDINANCE NO.26-1992 2 2 The Clerk read on first reading by title only Ordinance No. 26 - 1992 - A SPECIAL ORDINANCE 2 AMENDING CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING 2 ORDINANCE. 2 2e President Elstro said Ordinance No.26- 1992 would go to the Planning Commission. 2 2$ ORDINANCE NO. 27-1992 2 30 The Clerk read on first reading by title only Ordinance No. 27 - 1992 - A GENERAL ORDINANCE 3j PROHIBITING OPEN ALCOHOLIC BEVERAGE CONTAINERS IN MOTOR VEHICLES. 3• 3 President Elstro said the ordinance would remain on first reading and be assigned to the Committee of the 34 Whole. 3• 3• ORDINANCE NO. 28-1992 3 3 The Clerk read on first reading by title only Ordinance No. 28 - 1992 - A GENERAL ORDINANCE 39 AMENDING CHAPTER 130 OF THE RICHMOND CODE CONCERNING GENERAL APPROVAL IN 4 REGARD TO FIREWORKS. 4 41 President Elstro asked Councilmember Lundy to set a meeting date for the Committee of the Whole where 4 Ordinances No.27- 1992 and No.28- 1992 would be discussed. 44 4S ORDINANCES ON SECOND READING 4 4 ORDINANCE NO.9-1992 4 4 The Clerk read on second reading Ordinance No. 9 - 1992 - A SPECIAL ORDINANCE AMENDING 5 CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE. 5 5 Upon request the Deputy Clerk read a letter submitted by Robert B. Goodwin, executive secretary of the 5 Richmond Advisory Plan Commission, noting that the vote was eight to two recommending denial of the 54 request. 5 5 President Elstro announced Ordinance No. 9 - 1992 was on public hearing. Councilmember Lundy spoke 5' against the ordinance and said she hoped the Council would follow the recommendation of the Planning 5 Commission. Councilmember Hutton moved for engrossment, second by Councilmember Brookbank and on 5 unanimous voice vote the motion was carried. 6 6 Councilmember Brookbank moved to advance Ordinance No. 9- 1992 to third reading and read by title only, 6 second by Councilmember Hutton and on unanimous voice vote the motion was carried. 63 64 The Clerk read Ordinance No. 9- 1992 on third and final reading. 65 Ordinance No. 9 -1992 was defeated on the following call of the roll: Ayes:None Nays:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 111 Common Council Minutes Cont'd MayA,_19.92 Page-3 1 ORDINANCE NO.12- 1992 2 3 The Clerk read on second reading Ordinance No. 12 - 1992 - A SPECIAL ORDINANCE AMENDING 4 CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE. 5 6 President Elstro announced Ordinance No. 12 - 1992 was on public hearing. Rick Freeman, representing 7 Richmond Industrial Center,spoke in favor of the ordinance. He noted that the request was for the rezoning 8 from R -4 Multi-Family Residence District to M - 1 Light Industrial District in the 5300 Block of Old National 9 Road now Richmond-Eaton Pike to allow the development of the property as a planned industrial park. 10 11 A letter from the Richmond Advisory Plan Commission recommended approval of the request noting that the 12 petitioners stated their willingness to voluntarily place restrictions on the property at the time the ordinance is 13 engrossed by the Council and prior to the final vote.These restrictions include areas addressing the issues of 14 water recharging, landscaping, utilities, paved surfaces, outside storage, loading docks and loading zones, 15 fences and underground storage tanks. 16 17 Councilmember Brookbank moved for engrossment, second by Councilmember Hutton and on unanimous 18 voice vote the motion was carried. It will come back for third reading. 19 20 ORDINANCE NO.11 -1992 21 22 The Clerk read on second reading Ordinance No. 11 - 1992 - A SPECIAL ORDINANCE AMENDING 23 CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE. 24 25 The ordinances were read out of sequence due to an error in the agenda. The letter from the Richmond 26 Advisory Plan Commission accompanying Ordinance No. 11 - 1992 recommended approval of the request 27 for rezoning from R-2 One Family Residence District to R-2SU One Family Residence Special Use District 28 to allow an administrative business/professional office on property located at 66 South 16th Street. 29 30 President Elstro announced Ordinance No. 11 - 1992 was on public hearing. Hearing no comments 31 Councilmember McBride moved for engrossment, second by Councilmember Brookbank and carried on a 32 unanimous voice vote. 33 34 Councilmember Brookbank moved to advance Ordinance No. 11 - 1992 to third and final reading and read by 35 title only,second by Councilmember McBride and carried on a unanimous voice vote. 36 37 The Clerk read Ordinance No. 11 - 1992 on third and final reading by title only. 38 39 Ordinance No. 11 -1992 was adopted on the following call of the roll: 40 41 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 42 Nays:None 43 44 ORDINANCE NO.16-1992 45 46 The Clerk read on second reading Ordinance No. 16 - 1992 - A SPECIAL ORDINANCE AMENDING 47 CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE. 48 49 The Deputy Clerk read the letter from Robert B. Goodwin, executive secretary of the Richmond Advisory 50 Plan Commission, stating that the Commission had conducted a public hearing on the petition requesting a 51 rezoning from R-3 One to Eight Family Residence District to R3-SU One to Eight Family Residence Special 52 Use for a medical office and ambulatory surgery center on property located at 1900 and 1906 Chester 53 Boulevard.The Planning Commission voted unanimously to recommend approval of the request. 54 55 President Elstro announced Ordinance No. 16 - 1992 was on public hearing. Gayle Gardner spoke on behalf 56 of Dr. Stephen Stoller who is contractually permitted to purchase the property at 1900 and 1906 Chester 57 Boulevard. Gardner stated that Stoller has outgrown his present office in the Pinewood condominium across 58 the street and intends to construct two buildings, one now and the other at a later date to make an 59 ambulatory surgical center. Gardner added that Stoller proposes to close the two existing cuts to the state 60 highway, having only one central curb cut servicing the entire area. Gardner expressed his concern over the 61 wording in the ordinance which referred to the project as merely a medical office when plans call for offices 62 not only for Stoller but for other physicians in the future. He wanted to be certain there was no technical error. 63 He said Stoller was in the audience and available to answer questions if needed. 64 65 112 Common Council Minutes Cont'd May 4, 1992 Page Councilmember Hutton moved for engrossment, second by Councilmember Brookbank and carried on a unanimous voice vote. Speaking to the concern voiced by Gardner, City Attorney Thomas Milligan noted that in the second "Whereas' the wording be changed from "medical office" to "medical offices and an ambulatory surgical center." Also,the wording be changed after the technical description to read "installation of medical offices and an ambulatory surgery center. . ."and since there were no conditions for approval the line reading "and made a part hereof and that the conditions of approval are attached hereto as Exhibit B" 7 should be sticken. Councilmember Brookbank moved that the three amendments be made, second by Councilmember Parker 1 and carried on a unanimous voice vote. President Elstro reminded the Clerk that councilmembers receive 1 their corrected copy of the ordinance. 1 1 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 16 - 1992 to third and final 1 reading and read by title only,second by Councilmember McBride and carried on a unanimous voice vote. 1 1 The Clerk read Ordinance No. 16-1992 on third and final reading. 1 Ordinance No. 16-1992 was adopted on the following call of the roll: 1 2 r Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 2 Nays: None 12 2 ORDINANCE NO.17-1992 2 2 The Clerk read on second reading Ordinance No. 17 - 1992 - A SPECIAL ORDINANCE AMENDING 2 CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE. 2 2 President Elstro announced Ordinance No. 17- 1992 was on public hearing. Councilman Parker moved for 2' engrossment, second by Councilmember Brookbank and carried on a unanimous voice vote. President 3 Elstro asked City Attorney Milligan to explain the ordinance. In doing so, Milligan pointed out that in the letter 3 from the Advisory Plan Commission it stated that the request is for rezoning from R-3 One to Eight Family 3 Residence District to C-4 General Business District to allow office and warehouse space for a contractor on 3 property located at 425 and 427 Northwest L Street. Milligan explained that the property had been a legal 3 non-conforming warehouse and office for some time and the ordinance would merely be an extension of the 331 resident C-4 zone. The Planning Staff recommended approval of the request citing the request was in" compliance with the Master Plan and a natural continuation of the existing General Business District. The 3 Planning Commission voted unanimously to recommend approval of the petition. 3 3• Councilmember Brookbank moved to advance Ordinance No. 17 - 1992 to third and final reading and read 4 by title only,second by Councilmember McBride and carried on a unanimous voice vote. 4 4i The Clerk read Ordinance No. 17-1992 on third and final reading by title only. 4 4 Ordinance No. 17- 1992 was adopted on the following call of the roll: 4. 4. Ayes: Lundy, Brookbank, Donat, McBride, Parker, Allen, Dickman, Hutton and Elstro (9) 4 Nays:None 4: 4° 50 ORDINANCE NO. 18-1992 5 5' The Clerk read on second reading Ordinance No. 18 - 1992 - A SPECIAL ORDINANCE AMENDING 5 CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE. 51 551 President Elstro directed the Clerk to read the accompanying letter from Robert B. Goodwin, executive secretary of the Richmond Advisory Plan Commission. The letter stated that the petition requested a 5 rezoning from 0-1 Greenbelt District to C-4 General Business District to allow outside display of motor 5 vehicles on property located at 1133 North 12th Street. The Planning Commission voted unanimously to 5 recommend approval. 6 661 President Elstro announced Ordinance No. 18 - 1992 was on public hearing. Councilmember Brookbank moved for engrossment,second by Councilmember McBride and carried on a unanimous voice vote. 6 6 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 18 - 1992 to third and final 61 reading and read by title only, second by Councilmember McBride and carried on a unanimous voice vote. 113 Common Council Minutes Cont'd May 4, 1992 Page-5 1 The Clerk read Ordinance No. 18-1992 on third and final reading by title only. 2 3 Ordinance No. 18-1992 was adopted on the following call of the roll: 4 5 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro(9) 6 Nays: None 7 8 ORDINANCE NO.21 -1992 9 10 The Clerk read on second reading Ordinance No. 21 - 1992 - A SPECIAL ORDINANCE DESIGNATING 11 RESIDENTIAL PARKING PERMIT AREA NUMBER 8. 12 13 President Elstro announced that this was Council's second public hearing on the ordinance. 14 15 Several Richmond High School students spoke against the ordinance. They were Chuck Theobald, Allison 16 Koontz, Suzanne Brantner, Kelly Shepherd, Nathan Donat, Seth Thomas and Steven Rider. They cited 17 selfishness and greediness of the homeowners, the high amount of break-ins and vandalism in the parking 18 lot provided for the students, vehicles involved in accidents, more congestion on Hub Etchison Parkway, 19 not enough police protection in the student parking lot and water standing in the parking lot. Some who 20 spoke were not familiar with all the issues or the areas involved. City Attorney Milligan noted that all parking 21 in the designated areas would be two-hour restricted parking and residents could purchase a permit which 22 would allow them to park in front of their homes. 23 24 After the comments, President Elstro expressed his appreciation for the attendance of the students. 25 Councilmember Hutton suggested the drainage problem be checked into. Councilmember Donat said the 26 attendance of the students showed that the students were interested and she was sorry they missed the 27 announcement of the Board of Works meeting held in March in McGuire Hall. Milligan said the parking lot 28 belongs to the city and is a city off-street parking facility, providing student parking during the day and 29 parking for after-school activities by spectators.The Police Department made it known at the Board of Public 30 Works meeting held in McGuire Hall, which not a single student attended, that they had had only three 31 reports of incidents or damage to cars in the past year and no accident reports. The Police patrol the area at 32 the opening and closing of school. The parking lot had been checked on several different occasions and 33 found to have around 70 empty spaces. Milligan noted that the issue raised about standing water would be 34 looked into. Addressing a comment made by one of the students about complaints from residents about litter 35 and trash in their yards, Milligan noted that no such complaints had been received from residents. 36 37 Councilmember Parker moved for engrossment, second by Councilmember Hutton and carried on a 38 unanimous voice vote. 39 40 Councilmember Brookbank moved to advance Ordinance No. 21 - 1992 to third and final reading and read 41 by title only,second by Councilmember Hutton and carried on a unanimous voice vote. 42 43 The Clerk read on third and final reading Ordinance No.21 - 1992. 44 45 Councilmember Lundy posed a question to Milligan to the effect that if Council passed the ordinance and if 46 the students proved to be right and it is chaos because of the passed ordinance could Council pass another 47 ordinance to rescind Ordinance No.21 - 1992. Milligan said he would ask the Police Department to follow up 48 on the action and noted that the City and school community will continue to work together to monitor the 49 situation and try to resolve it. 50 51 Ordinance No.21 -1992 was adopted on the following call of the roll: 52 53 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro(9) 54 Nays: None 55 56 ORDINANCE NO.23-1992 57 58 The Clerk read on second reading Ordinance No. 23 - 1992 - A SPECIAL ORDINANCE VACATING A 59 PORTION OF THE RIGHT-OF-WAY OF ALLEYS LOCATED BETWEEN NORTHWEST L AND LAIRD 60 STREETS AND THE PENN CENTRAL RAILROAD AND HARRIS STREET. 61 62 President Elstro announced Ordinance No. 23 - 1992 was on public hearing. Speaking in favor was Charles 63 Bizarro who petitioned to the City to vacate the alley. He stated that it is his intention to remove the current 64 structure and build a new garage within the confines of the city ordinance. He added that another reason for 65 the request was to give himsufficient authority and responsibility over that area to maintain the alley free of trees,shrubs and weeds. 11 Common Council Minutes Cont'd May 4, 1992 Page6 _ Hearing no other comments either for or against Ordinance No. 23 - 1992 Councilmember Hutton moved for engrossment,second by Councilmember Brookbank and carried on a unanimous voice vote. Councilmember Lundy moved to advance Ordinance No.23-1992 to third and final reading and read by title 6 only,second by Councilmember McBride and carried on a unanimous voice vote. The Clerk read Ordinance No.23- 1992 on third and final reading. 1 President Elstro stated once again that no City money will be spent on this. 1 1 Ordinance No.23- 1992 was adopted on the following call of the roll: 1 1 Ayes: Lundy, Brookbank, Donat, McBride,Parker, Allen, Dickman, Hutton and Elstro (9) 15 Nays:None 16 17 • ORDINANCES ON THIRD READING 19 19 None 2Q 2� ADJOURNMENT 22 • 2 There being no further business on a motion duly made, seconded and passed,the meeting was adjourned. 2 26 26 27 28 2 3 3 32 39 34 Howard J. Elstro, President 35 36 3, 38 3 4Q ATTEST: ,411 Norma Carnes,City Clerk 4 4 4 45 46 47 48 49 56 5i 5? 53 53 55 56 57 58 59 6 6? 63 64 65