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HomeMy Public PortalAbout02-18-1992 .89 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA,TUESDAY, FEBRUARY 18, 1992 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday, 2 February 18, 1992, in the Council Chambers in said City. Vice President Lundy presided with the following 3 Councilmembers present: Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. Absent: Elstro. 4 The following business had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 SILENT DEVOTIONS 9 10 APPROVAL OF MINUTES OF FEBRUARY 3.1992 11 12 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded 13 by Councilmember McBride and on unanimous voice vote the motion was carried. 14 15 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS 16 17 None presented. 18 19 COMMUNICATIO NS FROM THE MAYOR 20 21 None presented. 22 23 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 24 25 Minutes of February 13, 1992 meeting in Council packets. 26 27 REPORTS FROM SPECIAL COMMITTEES 28 29 None presented. 30 31 REPORTS FROM STANDING COMMITTEES 32 33 None presented. 34 35 REPORTS FROM OTHER COUNCIL COMMITTEES 36 37 In her report as the Housing Authority Liaison, Vice President Lundy expressed the hope that all council 38 members had had an opportunity to go over the 1991 annual report from the Housing Authority they had 39 received earlier. She said that the Housing Authority is completing its 23rd year of service to the community 40 offering safe,good affordable housing for the moderately low income families. 41 42 ORDINANCES 43 44 ORDINANCES ON FIRST READING 45 46 Councilmember Brookbank moved to read on first reading by title only Ordinances No. 5-6-7 and 8-1992. 47 The motion was seconded by Councilmember McBride and on unanimous voice vote the motion was 48 carried. 49 50 The Clerk read on first reading by title only Ordinance No. 5-1992 - A SPECIAL ORDINANCE 51 AUTHORIZING THE APPROVAL OF STATEMENTS OF BENEFITS FOR PROPERTY OWNERS 52 APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1. 53 54 Councilmember Parker explained that these are businesses that have already been approved by Council 55 and the Economic Tax Board. He said it is bookkeeping that Council needs to do to ensure that it follows 56 Resolution No. 9 adopted in 1984.All have been approved by the Tax Abatement Board and by Council. 57 58 Councilmember Brookbank moved to advance Ordinance No. 5-1992 to second reading and read by title 59 only. Councilmember McBride seconded the motion and on unanimous voice vote the motion was carried. 60 61 The Clerk read on second reading by title only Ordinance No.5-1992. 62 63 Vice President Lundy announced the ordinance was on public hearing, asking for comments from the 64 audience. There being none, Councilmember .McBride moved for engrossment, seconded by 65 Councilmember Parker and on unanimous voice vote the motion was carried. Q Common Council Minutes Cont'd February 18, 1992 Page 2 The Clerk read Ordinance No.5-1992 on third and final reading by title only. Ordinance No.5-1992 passed on the following call of the roll: Ayes:Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(8) Nays:None. Absent:Elstro. 1 ORDINANCE NO.6-1992 1 1 The Clerk read on first reading by title only Ordinance No. 6-1992 - A SPECIAL ORDINANCE AMENDING 1 CHAPTER 154 OF THE RICHMOND CODE,COMMONLY KNOWN AS THE ZONING ORDINANCE. 1• 1 Vice President Lundy announced the ordinance would have to go to the Planning Department. 1• 1 ORDINANCE NO.7-1992 1= 1• The Clerk read on first reading by title only Ordinance No. 7-1992 - A SPECIAL ORDINANCE AMENDING 20 CHAPTER 154 OF THE RICHMOND CODE,COMMONLY KNOWN AS THE ZONING ORDINANCE. 2 2 Vice President Lundy announced the ordinance would have to go to the Planning Department. 2 2• ORDINANCE NO.8-1992 2 2• The Clerk read on first reading by title only Ordinance No. 8-1992 - A SPECIAL ORDINANCE AMENDING 2 CHAPTER 154 OF THE RICHMOND CODE,COMMONLY KNOWN AS THE ZONING ORDINANCE. 2: 2° Vice President Lundy announced the ordinance would have to go to the Planning Department. 30 3 ORDINANCES ON SECOND READING 3 3 ORDINANCE NO.3-1992 3, 3 The Clerk read on second reading Ordinance No. 3-1992 - AN ORDINANCE AMENDING CHAPTER 154 3° OF THE RICHMOND CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 3t ZONING ORDINANCE. 3l 39 Vice President Lundy asked for comments from the Council members. There being none, she announced 40 the Ordinance was on public hearing. Dave Steele,the potential buyer of the property, noted his intention of 4' putting in a miniature golf course and batting cages. Realtor Marlin Oler clarified that Steele was buying 42 only the property at 4611 National Road West which consists of 3.5 acres. Bob Goodwin, director of the Planning Department, explained that 4611 and 4619 are the only two 45 properties on the south side of the road from Airport Road due east on National Road west not zoned C-4. If 4 Council votes to change the zoning to C-4 the owner still has to appear before Council to ask permission to 4 put in a miniature golf course and batting cages. 4 4 Speaking against the ordinance was Gertrude Ward, resident on Airport Road,who said she had lived there 5 34 years and she appreciated the semi-rural area, tree-shaded lawns and didn't feel the need for these 5 other entertainment items. She also noted that the issue of increased traffic in the area had not been 5 addressed by Council. 5 51 Scott Rauch, 3530 S.W. P St. , spoke on behalf of members of Central Christian Church, noting that the 55 church was much more than bricks and mortar. He asked that Council keep the C-1 Zone and grant a 5 special use permit. His concern is if the business fails,what other kind of business would take its place. 5 5 Tom Seal, attorney, representing the Central Christian Church, showed a plat map of the area under 5 discussion. He said he hoped Council would make a wise decision and leave the property as it is, allowing 6 the church to survive. He noted there was no conflict and urged Council not to create one. 6_ There being no additional comments, Councilmember Hutton moved for engrossment, seconded by 6$ Councilmember Brookbank and on unanimous voice vote the motion was carried. 6 66 91 Common Council Minutes Cont'd February 18. 1992 Rage-3 1 2 In a detailed explanation of the ordinance which was adopted in 1967, City Attorney Milligan noted that the 3 term special use has a different meaning in each district. He said a special use is only developed and 4 interpreted in relationship to a particular district. He said C-1 has a special use provision which is spelled out 5 and that is that all businesses, services or processing in C-1 district shall be conducted wholly within a 6 completely enclosed building. The purpose is to provide a business use completely enclosed in a building 7 which will in no way conflict with neighboring residential uses. Under this particular ordinance, Milligan said, 8 the first place that amusement establishments are mentioned are in C-2 where it defines amusement 9 establishments as bowling alleys, skating rinks, pool halls, dance halls and other similar places of recreation 10 but it is the same as in C-1 and that is entirely within an enclosed area. The first place that permits a 11 miniature golf course and batting cages is as a special use in C-4.That's the way the present ordinance is on 12 the books. 13 14 Councilmember Brookbank moved to advance Ordinance No. 3-1992 to third and final reading and read by 15 title only,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 16 17 The Clerk read Ordinance No.3-1992 on third and final reading by title only. 18 19 Ordinance No.3-1992 was passed on the following call of the roll: 20 21 Ayes: Brookbank, Donat, McBride, Parker,Allen, Dickman and Lundy(7) 22 Nays:Hutton (1) 23 Absent: Elstro 24 25 26 ORDINANCE NO.63-1991 27 28 The Clerk read on second reading Ordinance No. 63-1991 - AN AMENDMENT OF CHAPTER 91 OF THE 29 RICHMOND CODE CONCERNING THE REGISTRATION AND CONTROL OF ANIMALS. 30 31 Councilmember Parker offered an amendment to Section 2 which addressed the subject of application for 32 registration. 33 34 Councilmember Dickman spoke to Section 3, offering an amendment that the yearly registration fees be $4 35 and that each registration entity other than the City Controller collecting fees may retain $1 for each 36 registration to defray costs. 37 38 Councilmember Parker addressed Section 4, suggesting an additional sentence about further steps to be 39 taken by the Animal Control Officer. His suggested amendment to Section 6 was that fines shall be $10 for 40 the first offense and $25 for each subsequent offense. And, last, he offered an amendment to Section 7, 41 amending Section 91.13 of the Richmond Code to change the fine for each offense from $50 to$10. 42 43 Speaking on public hearing was Carolyn Blakey, president of HELP the Animals Inc., who expressed 44 concern about the $4 across the board fee. She said she felt strongly that those people who breed should 45 pay a higher price. She noted that 2,600 animals were seen at the shelter in 1991 and 2,000 of those were 46 euthanized because there were no homes for them. She said she was in favor of the ordinance but was 47 strongly opposed to the amendment added this particular evening. 48 49 Speaking against Ordinance No. 63-1991, citing additional costs and danger to cats wearing collars, were 50 Bruce Ward, 1171 S. 23rd St.; Pat Tucker, 429 S.W. 3rd St.; Granville Foster, 221 N. 12th St.; and Bob 51 Ridgeway, 121 S.6th St. 52 53 Vice President Lundy said Council had put many hours and much consideration into the Ordinance. She 54 noted the two public hearings and the two workshops, saying that Council has to do what it thinks is best for 55 the city and move ahead. 56 57 There being no additional comments, Councilmember Hutton moved for engrossment, seconded by 58 Councilmember Parker and on unanimous voice vote the motion was carried. 59 60 Councilmember Hutton moved to advance Ordinance No. 63-1991 to third and final reading by title only, 61 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 62 63 The Clerk read Ordinance No. 63-1991 on third and final reading by title only. 64 65 Ordinance No.63-1991 was passed on the following call of the roll: Ayes:Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(8) Nays:None Absent:Elstro Common Council Minutes Cont'd February 18, 1992 Page-4— AJOURNMENT There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 7 1 1 Etta J. Lundy, Vice President 1 1 1 1 1 18 1 2 2 ATTEST: 2 Norma Carnes,City Clerk 2 2 2 2 2 2 2 3 3 3 3 36 36 37 3 3 4 4 4 4 4 46 4 4 5 5 5 5 5 5• 5 5 5 6 6 6 66