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HomeMy Public PortalAbout03-02-1992 93 PROCEEDINGS OF THE COMMON COUNCIL OF THE C1-T-Y-0F=RICHMOND;INDIANA.—MARCH:2;1992 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, March 2 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 SILENT DEVOTIONS 9 10 APPROVAL OF MINUTES OF FEBRUARY 18.1992 11 12 Councilmember McBride made a motion to approve the minutes of the February 18, 1992 meeting as 13 prepared,second by Councilmember-' arid carried on a unanimous voice vote. 14 Brookbank 15 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS 16 17 None were presented. 18 19 COMMUNICATION FROM THE MAYOR 20 21 None was presented. 22 23 REPORTS FROM BOARD OF PUBLIC WORKS AND SAFETY 24 25 City Attorney Thomas Milligan reported on the status of the remodeling within the City Building to 26 accommodate the executive reorganization approved by Council February 3. Partitions will be built in the 27 present Board of Works room, originally constructed as the City Court room, creating four offices and a 28 common area for a secretary/receptionist, completely utilizing the area for the Department of Administration. 29 Housed there will be the director and three people who handle various programs in that office which include 30 the grants administrator, personnel/benefits, secretary/receptionist and one additional person. The cost as 31 stated in the accepted proposal is$10,500.The seats there will be moved to the community room at the end 32 of the hall which was the original Board of Works room when the building was constructed. 33 34 In the Clerk's office, one long partition extending the width of the office and a separate partition in the open 35 area will be installed. The Clerk will continue to use her present office and the deputy clerk will occupy the 36 18-foot by 16-foot,6-inch area with two outside windows and the violations clerk will have an area next to the 37 hallway with entrance through a new doorway.That gives the Clerk access to the vault.The area to the right 38 of the newly constructed wall will be a new office area for other programs under the Department of 39 Administration which include Information & Referral and Human Services. The Council's meeting room will 40 be returned to them and the small office will continue to be that of the Human Rights director. Birth To Five 41 program will move to the office next door formerly occupied by the City Attorney. The outside office will be 42 an extra work space open to representatives of other government agencies such as State Board of Accounts 43 who need office space on a temporary basis.The actual construction cost in the Clerk's office will be $4,750, 44 making the total cost an estimated $15,250. Milligan said the money will be made available through a 45 transfer within the Board of Works budget. 46 47 REPORTS FROM STANDING COMMITTEES 48 49 None were presented. 50 51 REPORTS FROM SPECIAL COMMITTEES 52 53 None were presented. 54 55 REPORTS FROM OTHER COUNCIL COMMITTEES 56 57 None were presented. 58 59 ORDINANCES 60 61 ORDINANCES ON FIRST READING 62 - - 63 ORDINANCE NO.10-1992 64 65 The Clerk read on first reading by title only Ordinance No. 10-1992 - A SPECIAL ORDINANCE AUTHORIZING A GRANT APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE. Milligan explained to Councilmembers that the project being considered with the particular authorization covered by the Ordinance is from U.S.40 East Main south to Hodgin Road. 941 Common Council Minutes Cont'd March-2-1992 Rage-2 Councilmember Brookbank moved to advance Ordinance No. 10-1992 to second reading and read by title only,followed by a second by McBride and carried by a unanimous voice vote. The Clerk read on second reading by title only Ordinance No. 10-1992 - A SPECIAL ORDINANCE AUTHORIZING A GRANT APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE. 7 6 There being no additional comments, Councilmember McBride moved for engrossment, second by 9 Councilmember Brookbank and carried by a unanimous voice vote. 10 1' Councilmember Lundy moved to advance Ordinance No. 10-1992 to third and final reading by title only. 1 The Clerk read Ordinance No. 10-1992 on third and final reading by title only. 1 Ordinance No. 10-1992 was adopted on the following call of the roll: 1 1 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 1: Nays:None 1• 20 ORDINANCES ON SECOND READING 2 2 ORDINANCE NO. 6-1992 2 2• The Clerk read on second reading, Ordinance No. 6-1992 - A SPECIAL ORDINANCE AMENDING 2 CHAPTER 154 OF THE RICHMOND CODE,COMMONLY KNOWN AS THE ZONING ORDINANCE. 2. 27 Upon request of President Elstro the Clerk read a letter submitted by Robert B. Goodwin, executive 2 secretary of the Richmond Advisory Plan Commission, recommending passage of the Ordinance which 2 would change the zoning of 15 and 19 North 19th St.to R-3 S U Multi-family residence special use district. 3 3 President Elstro announced the ordinance was on public hearing: Bruce Metzger, an associate of George 3 Sowers who represented the owners,volunteered to answer any questions. 3 34 There being no further discussion, Councilmember Brookbank moved for engrossment, second by 3: Councilmember Parker and on unanimous voice vote the motion was carried. 3 3' Councilmember Brookbank moved that Ordinance No. 6-1992 be read on third and final reading by title only, 3 second by Councilmember McBride and carried on a unanimous voice vote. 3 4 d The Clerk read Ordinance No. 6-1992 on third and final reading by title only. 4 4 Ordinance No. 6-1992 was adopted on the following call of the roll: 4 4 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 45 Nays:None 4 4 ORDINANCE NO.7-1992 4 4 The Clerk read on second reading Ordinance No. 7-1992 - A SPECIAL ORDINANCE AMENDING 5' CHAPTER 154 OF THE RICHMOND CODE,COMMONLY KNOWN AS THE ZONING ORDINANCE. 5 5 Councilmember McBride stated that he thought Council should adhere to the Planning Commission's 5 recommendations. Councilmember Parker voiced concerns about the placement of the entrance and the exit 5 areas and drainage problems. 5 5 Upon request of President Elstro, the Clerk read the letter submitted by Robert B. Goodwin, executive secretary of the Richmond Advisory Plan Commission, recommending that Council deny the request of the 5: Ordinance which would change the zoning of the area bounded by Toschlog Road, S.W. 21st. St., National 5° Road West;and portions of Hidden Valley sub-division to R-1 single family residence district. 60 6 Speaking in favor of the Ordinance calling for the rezoning were Paul Knecht, resident of 509 Toschlog 6 Road, noting that 100 percent of the residents were in favor of the rezoning and asking Council to be 6 sensitive to the wishes of his neighbors; Mike Daugherty of 1647 Buttermilk Road, spokesperson for the 6- Committee to Protect Property Values, noted that everything to the west of the area is already developed 6 R-1 and asked Council to vote in favor of the petition despite the negative recommendation by the Planning Commission; and Robert Greminger, of 521 S.W. 21st St., said people in his area supported the zoning change. Common Council Minutes Cont'd March_ 2,992 P-age-3 1 Centerville attorney David Gethers, representing Gerald White & Midway Development, spoke against the 2 Ordinance, noting that is was a petition to re-zone and not a hearing on a subdivision. He asked Council to 3 consider that every subdivision within the corporate limits of the City has been or is being developed under 4 R-2 which is what the area is presently zoned. He said a subdivision plan under R-2 has to be approved and 5 the Planning Commission and the Council will be asked to decide that. He reminded Council that the law 6 says to overturn a planning commission recommendation Council must do so by more than a simple majority 7 and there must be compelling reasons. 8 9 Elstro noted that the Ordinance is merely to change the zoning from R-1 to R-2 and no other issues. 10 11 Parke Hoover, 657 S.W. 21st., speaking for himself and his neighbors, expressed concern about the 12 possible traffic problems. 13 14 Councilmember Brookbank moved for engrossment, second by Councilmember Lundy, and the motion was 15 carried on a unanimous voice vote. 16 17 Councilmember Lundy moved that Ordinance No.7-1992 be moved to third and final reading and be read by 18 title only,second by Councilmember McBride and carried by a unanimous voice vote. 19 20 The Clerk read Ordinance No. 7-1992 on third and final reading by title only. 21 22 Before the vote President Elstro asked Milligan to explain the vote and what it would take to override the 23 recommendation of the Planning Commission. Milligan said the proposition was to change the zoning from 24 R-2 to R-1 and the Planning Commission has recommended that it not be done. He added that it would take 25 a 6 to 3 aye vote to override the recommendation. He explained that an aye vote is for R-1 which would be 26 a change and a nay vote is for R-2 to keep the zoning as it is which is consistent with the Commission's 27 recommendation. 28 29 Ordinance No.7-1992 was defeated on the following call of the roll: 30 31 Nays:Lundy, Brookbank, McBride,Allen, Dickman and Elstro (6) 32 Ayes:Donat, Parker and Hutton (3) 33 34 ORDINANCE NO.8-1992 35 36 The Clerk read Ordinance No. 8 -1992 - A SPECIAL ORDINANCE AMENDING CHAPTER 154 OF THE 37 RICHMOND CODE COMMONLY KNOWN AS THE ZONING ORDINANCE. 38 39 President Elstro asked the Clerk to read the letter submitted by Robert Goodwin, executive secretary of the 40 Richmond Advisory Plan Commission, recommending passage of the Ordinance which is a request of 41 Birthright of Richmond Inc. seeking a special use designation of its property located at 303 South 6th St., 42 changing the zoning to R-3 multi-family special use district. 43 44 President Elstro declared the Ordinance on public hearing and asked for anyone to speak in favor. Diane 45 Angilella, director of Birthright of Richmond Inc., said she was on hand to answer any questions Council 46 might have. 47 48 There being no further discussion, Councilmember McBride moved for engrossment, second by 49 Councilmember Hutton and the motion was carried on a unanimous voice vote. 50 51 Councilmember Brookbank moved to advance Ordinance No. 8-1992 to third and final reading and to be 52 read by title only, second by Councilmember McBride and carried on a unanimous voice vote. 53 54 The Clerk read Ordinance No. 8-1992 on third and final reading. 55 56 Ordinance No.8-1992 was approved on the following call of the roll: 57 58 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 59 Nays: None 60 61 ADJOURNMENT 62 63 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 64 65 Howard J. Elstro, President ATTEST: Norma Carnes, City Clerk 9O I