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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: 5 6 PLEDGE OF ALLEGIANCE 7 8 SILENT DEVOTIONS 9 10 APPROVAL OF MINUTES OFJANUARY 21.1992 11 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. 14 15 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS 16 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. 21 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. 31 32 COMMUNICATIONS FROM THE MAYOR 33 34 None was presented. 35 36 REPORTS FROM BOARD OF PUBLIC WORKS AND SAFETY 37 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. 41 42 REPORTS FROM STANDING COMMITTEES_ 43 44 None were presented. 45 46 REPORTS FROM SPECIAL COMMITTEES 47 48 None were presented. 49 50 INTRODUCTION OF MISCELLANEOUS BUSINESS 51 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. 55 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. 58 59 60 61 62 63 64 65 86 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. 111 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 3 3 ORDINANCES ON SECOND READING 3 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. 47 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 6 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. - 87 Common Council Minutes Cont'd February 3. 1992 Page-3 1 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: 24 25 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro(9) 26 Nays:None 27 28 ORDINANCE NO.3-1992 29 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. 49 50 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. 60 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. 63 64 65 88 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. 1d 11 1 1 1 1 1 17 1 1 2 2 2 2 Howard J. Elstro, President 2 221 27 2: 2• ATTEST: 3f 3 Norma Carnes, City Clerk 3 I 3, 3 3: 3 3 3 4 4 4 4 4 4� 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6, 6