HomeMy Public PortalAbout02-03-1992 85
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CAT -RICHMOND—INDIANA, FEBRUARY-37-1992
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 February 3, 1992, in the Council Chambers in said City. President Elstro presided with the following
3 Councilmembers present: Lundy, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The
4 following business was had to-wit:
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6 PLEDGE OF ALLEGIANCE
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8 SILENT DEVOTIONS
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10 APPROVAL OF MINUTES OFJANUARY 21.1992
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12 Councilmember Brookbank moved to approve the amended version of the minutes of the previous meeting
13 as prepared,seconded by Councilmember McBride and on unanimous voice vote the motion was carried.
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15 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
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17 A public hearing was held on Vacation Petition 1-1992, after an explanation to Council by City Attorney
18 Thomas Milligan that the statute being used, IC 36-7-3-12, gives a property owner an opportunity to petition
19 Council directly and does not require a sponsor.The necessary public notice had not been published on time
20 according to Milligan and in this situation the Planning Commission did conduct a public hearing.
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22 Speaking in favor of the Petitioners, Paul J. Bertsch, Norma V. Bertsch and William G. Martin, Sr., was
23 Donald Simkin of the law firm of Burton and Simkin on behalf of Primex Plastics Corp. which has been
24 located in that part of the City laid out by Hugh Moffitt for more than 10 years. Simkin explained that it is an
25 ever-growing business, developing along North F Street from North 12th Street going east on both sides of
26 the street. He said the business has proven it is a good neighbor and has taken over an area which was
27 deteriorating industrially and has provided an excess of 200 jobs. The petition requested the vacation of part
28 of the 20-foot alley running north and south from North F Street to North G Street and all of the 10-foot alley
29 running east and west from North 12th Street to North 13th Street. President Elstro noted that the Petition
30 would come back to Council as Ordinance No.4-1992.
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32 COMMUNICATIONS FROM THE MAYOR
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34 None was presented.
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36 REPORTS FROM BOARD OF PUBLIC WORKS AND SAFETY
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38 President Elstro directed a question to the attention of City Engineer Robert Wiwi about the Ordinance
39 passed in 1991 concerning utilities cutting into the street and asked if that Ordinance was being enforced.
40 Wiwi answered that it was being effectively monitored and followed on a daily basis.
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42 REPORTS FROM STANDING COMMITTEES_
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44 None were presented.
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46 REPORTS FROM SPECIAL COMMITTEES
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48 None were presented.
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50 INTRODUCTION OF MISCELLANEOUS BUSINESS
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52 Councilmember Hutton made a motion to nominate Joni Martin as a zone resident for the Enterprise Board.
53 Councilmember seconded the nomination and moved they be closed. The motion was carried on a
54 unanimous voice vote.
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56 Councilmember Hutton inquired about the status of the city code books and was advised by the Clerk they
57 are in the process of being completed.
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Common Council Minutes Cont'd
February 31992
Page-2
ORDINANCES
ORDINANCES ON FIRST READING
• Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinance
No.4-1992,seconded by Councilmember Hutton and on unanimous voice vote the motion was carried.
ORDINANCE NO.4-1992
•
1. The Clerk read on first reading by title only Ordinance No. 4-1992 -A SPECIAL ORDINANCE VACATING A
1 PORTION OF THE RIGHT-OF-WAY OF ALLEYS LOCATED BETWEEN NORTH 12TH AND NORTH 13TH
1. STREETS AND NORTH F AND NORTH G STREETS.
1 Councilmember Brookbank moved to suspend the rules and move Ordinance No.4-1992 to second reading,
1 seconded by Councilmember McBride and on unanimous voice vote the motion was carried.
1
1 The Clerk read the ordinance on second reading.
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1 Councilmember Parker moved to accept the filed proof of publication, seconded by Councilmember Hutton
2 and on unanimous voice vote the motion was carried.
2
2 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 4-1992 to third and final
23 reading and read by title only, with a second by Councilmember McBride and on unanimous voice vote the
2 motion was carried.
2
2 The Clerk read the ordinance on third and final reading by title only.
2
2 Ordinance No.4 1992 was adopted on the following call of the roll:
2
3
Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro. (9)
3 Nays:None
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3 ORDINANCES ON SECOND READING
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3 ORDINANCE NO.1-1992
3
3 The Clerk read on second reading, Ordinance No. 1-1992 - AN ORDINANCE AMENDING ORDINANCE
3 NO. 36-1991 ADOPTED JULY 15, 1991, COMMONLY REFERRED TO AS THE 1992 SALARY
3 ORDINANCE.
4
4 Councilmember Donat, speaking for former director of purchasing Rita Stout, raised a question for Mayor
4 Cornett as to whether departments will continue to do their own buying. Mayor Cornett answered there
4 would be no change, that it would still be centralized purchasing with less expense. Donat voiced Stout's
4 concern about an adequate check and balance system under the restructuring. Mayor Cornett assured
4 Donat that with the Mayor, Board of Public Works, State Board of Accounts and the Controller he felt that
4 the rules would be followed properly.
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4: President Elstro announced the ordinance was on public hearing. There being no further discussion,
4• Councilmember McBride moved for engrossment, seconded by Councilmember Brookbank and on
5 s unanimous voice vote the motion was carried.
5
5 The Clerk read the ordinance on third and final reading by title only.
5
5• Ordinance No. 1-1992 was adopted on the following call of the roll:
5
5. Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman and Elstro(8)
5 Nays:Hutton (1)
5
5 ORDINANCE NO.2-1992
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6 The Clerk read on second reading Ordinance No.2-1992-AN ORDINANCE AMENDING ORDINANCE NO.
6 36-1991 ADOPTED JULY 15, 1991, COMMONLY REFERRED TO AS THE 1992 SALARY ORDINANCE.
6
6 Councilmember Brookbank presented an amendment to the ordinance, Dickman seconded the motion and
65 it was carried by unanimous voice vote. City Attorney Thomas Milligan advised Councilmember Brookbank
to submit the additional amendments so they could be added to the ordinance. Discussion followed about
salaries and Council was assured by Milligan that all were the maximum allowed by law to be paid, but not
necessarily what will be paid.
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Common Council Minutes Cont'd
February 3. 1992
Page-3
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2 There being no further questions or discussion Councilmember McBride moved for engrossment, seconded
111 3 by Councilmember Hutton and on unanimous voice vote the motion was carried.
4
5 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 2-1992 to third and final
6 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the
7 motion was carried.
8
9 The Clerk read the ordinance on third and final reading by title only.
10
11 Before the roll call was taken, Councilmember Lundy expressed hope that the Mayor and Council would be
12 able to work together harmoniously, alluding to the disharmony in the past. She asked that the Mayor be
13 straightforward and above board with all things in the reogranizational plan. Councilmembers Brookbank and
14 Hutton voiced agreement with Lundy.
15
16 President Elstro reminded the Mayor that the plan is not the people's nor the Council's plan, but his, and said
17 it was up to him to make it work. He also reminded the Clerk that any time an ordinance is amended each
18 council member is to get a copy of the ordinance reflecting the change. Mayor Cornett responded to
19 President Elstro that he intends to made the reorganization work to the satisfaction of the Council and to the
20 people of this community. President Elstro warned him that Council will be eyeing the entire situation and if
21 Council doesn't like it,the members will let him know.
22
23 Ordinance No.2-1992 was adopted on the following call of the roll:
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25 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro(9)
26 Nays:None
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28 ORDINANCE NO.3-1992
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30 The Clerk read on second reading Ordinance No.3-1992-AN ORDINANCE AMENDING CHAPTER 154 OF
31 THE RICHMOND CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING
32 ORDINANCE.
33
34 President Elstro asked the Clerk to read the letter received from the Planning Commission in which it was
35 stated that since the petition complies with the zoning ordinance it was recommended Ordinance No. 3-1992
36 be adopted.
37
38 President Elstro announced the ordinance was on public hearing.
39
40 Speaking for the ordinance was Marlin Oler of Otto Realty who said he is trying to sell the property.
41
42 Speaking against the ordinance was Tom Seal, a Richmond attorney representing Central Christian Church.
43 He noted no objections for the proposed purpose of the Ordinance, which if passed would allow the owners
44 to place batting cages and a miniature golf course on the property. His objection was to the actual
45 designation of C-4 which he said does require that all business services conducted be within an enclosed
46 building. He suggested the property be left at a C-1 designation with a grant of a special use permit. His
47 concern is that if the business fails that possibly a bus factory might be put on the property and that would be
48 objectionable. He presented petitions signed by church members.
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51 Responding to Seal's comments, City Attorney Thomas Milligan said Seal's interpretation of the ordinance
52 was incorrect. He said the C-1 special use provision would not apply in this instance. He added that the
53 entire district is zoned C-4 all the way to Round Barn Road with the exception of the one block in question.
54 He noted that the property is within the two-mile jurisdictional area, in Center Township and is not a part of
55 the municipal corporation.
56
57 After the exchange between the two attorneys, Milligan stated that what had happened was a case where
58 two lawyers disagree. He said he was the attorney for the joint city/county plan commission when the
59 ordinance was drafted and through the years it has had consistent interpretation and consistent application.
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61 Councilmember Hutton moved to hold the ordinance on second reading, seconded by Councilmember Donat
62 and on unanimous voice vote the motion was carried.
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Common Council Minutes Cont'd
February 3;f992
7 aye
1 COMMITTEE OF THE WHOLE
Councilmember Lundy announced there would be a Committee of the Whole meeting at 7 p.m. Tuesday,
February 11,for Ordinance No. 63-1991.
ADJOURNMENT
There being no further business,on a motion duly made, seconded and passed,the meeting was adjourned.
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2 Howard J. Elstro, President
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3 Norma Carnes, City Clerk
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