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HomeMy Public PortalAbout09-03-1991 29 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. SEPTEMBER 3. 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on September 3, 1991 at the 2 hour of 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following 3 Councilmembers present: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, and Morris. Absent: 4 Paust. Representatives of the following media were in attendance: WCTV CABLE 16, WKBV/WFMG, 5 WHON/WQLK and Palladium Item. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 EXCUSED ABSENCE OF COUNCILMEMBER 12 13 It was reported that Councilmember Paust was absent due to being out of town. 14 15 APPROVAL OF MINUTES OF AUGUST 19. 1991 16 17 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded 18 by Councilmember Hankinson and on unanimous voice vote the motion was carried. 19 20 COMMUNICATIONS FROM THE MAYOR 21 22 Mayor Frank Waltermann commented on the grand opening of the Hills Pet Food Plant and thanked all the 23 utilities and citizens who assisted with the project. He said it truly was a community project. 24 25 Mayor Waltermann commended the Airport and all those who helped with the Annual Boogie. He said there 26 were over 2000 jumps and all enjoyed the event. The Mayor said the vendors did an excellent job and the 27 volunteers offered great assistance. 28 29 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS 30 31 None were presented. 32 33 REPORTS FROM CITY DEPARTMENTS 34 35 None were presented. 36 37 REPORTS FROM OTHER OFFICES 38 39 None were presented. 40 41 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 42 43 None was presented. 44 45 REPORTS FROM M SPECIAL COMMITTEES 46 47 None were presented. 48 49 REPORTS FROM STANDING COMMITTEES 50 51 Reid Hospital 52 53 Councilmember Brookbank reported that Reid Hospital was due to receive additional testing equipment with 54 better capabilities than the CAT Scan. She also reported that as a member of the Non-Smoking Task Force, 55 it is their goal to make the hospital smoke free. 56 57 REPORTS FROM SPECIAL COUNCIL COMMITTEES 58 59 None were presented. 60 61 MISCELLANEOUS BUSINESS 62 63 None was presented. 64 65 66 30 Common Council September 3, 1991 Page 2 1 RESOLUTIONS 2 3 Councilmember Morris moved to suspend the rules and read Resolutions No. 16 and 17-1991 by title only, 4 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 5 6 RESOLUTION NO.16-1991 7 8 The Clerk read by title only Resolution No. 16-1991 -A RESOLUTION APPROVING THE STATEMENT OF 9 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT 10 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION 11 AREAS IN THE CITY OF RICHMOND, INDIANA. 12 13 Councilmember Parker reported that the Tax Abatement Committee had met and found all applications met 14 the legal requirements and they recommended approval. 15 16 There being no further questions or comments, Councilmember Parker moved for adoption, seconded by 17 Councilmember McBride and on unanimous voice vote the motion was carried. 18 19 RESOLUTION NO.17-1991 20 21 The Clerk read by title only Resolution No. 17-1991 - A RESOLUTION AUTHORIZING THE BOARD OF 22 PUBLIC WORKS AND SAFETY TO APPOINT APPRAISERS FOR THE ACQUISITION OF PUBLIC 23 RIGHT-OF-WAY AND TO PROCEED WITH THE ACQUISITION. 24 25 President Hutton asked if funds were available for the acquisition of the property and Mr. Metzger said funds 26 had been appropriated for the Elks Road extension and the funds for Industries Road were through the TIF 27 Bond issue. 28 • 29 There being no further questions or comments, Councilmember Hankinson moved for adoption, seconded by 30 Councilmember McBride and on unanimous voice vote the motion was carried. 31 32 ORDINANCES 33 34 ORDINANCES ON FIRST READING 35 36 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinances No.46, 37 47, 48, 49, 50 and 51-1991, seconded by Councilmember Brookbank and on unanimous voice vote the 38 motion was carried. 39 40 ORDINANCE NO.46-1991 41 42 The Clerk read on first reading by title only Ordinance No. 46-1991 - AN ORDINANCE APPROVING 43 COMPENSATION OF EMPLOYEES OF RICHMOND POWER AND LIGHT AND MATTERS RELATED 44 THERETO. 45 46 Councilmember Morris moved to suspend the rules and move the ordinance to second reading, seconded by 47 Councilmember McBride and on unanimous voice vote the motion was carried. 48 49 The Clerk read the ordinance on second reading. 50 51 President Hutton announced the ordinance was on public hearing. 52 53 It was explained by the Clerk that this Ordinance ratifies salaries and wages already approved by the Council 54 acting as the Board of Directors of Richmond Power and Light. 55 56 There being no comments, Councilmember Hankinson moved for engrossment, seconded by 57 Councilmember McBride and on unanimous voice vote the motion was carried. 58 59 Councilmember Morris moved to suspend the rules and move Ordinance No. 46-1991 to third and final 60 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 61 motion was carried. 62 63 The Clerk read Ordinance No.46-1991 on third and final reading by title only. 64 65 Ordinance No.46-1991 was adopted on the following call of the roll: 66 31 Common Council Minutes Con't September 3, 1991 Page 3 1 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride,Parker,Morris, and Hutton (8) 2 Nays: None 3 Absent: Paust 4 5 ORDINANCE NO.47-1991 6 7 The Clerk read on first reading by title only Ordinance No. 47-1991 - AN ORDINANCE AMENDING 8 CHAPTER 30 OF THE RICHMOND CITY CODE. 9 10 President Hutton announced the Ordinance would be advertised for public hearing. 11 12 ORDINANCE NO.48-1991 13 14 The Clerk read on first reading by title only Ordinance No. 48-1991 - AN ORDINANCE AMENDING 15 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 16 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 17 REZONING OF PROPERTY LOCATED AT 102 SOUTH 18TH STREET, FROM R-2 SINGLE FAMILY 18 RESIDENCE DISTRICT TO R-2SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT AND 19 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF A DENTAL 20 OFFICE. 21 22 President Hutton announced the Ordinance would be assigned to the Plan Commission for public hearing 23 and recommendation. 24 25 ORDINANCE NO.49-1991 26 27 The Clerk read on first reading by title only Ordinance No. 49-1991 - AN ORDINANCE AMENDING 28 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 29 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 30 REZONING OF PROPERTY LOCATED AT 229 SOUTH 4TH STREET, FROM R-3 ONE TO EIGHT FAMILY 31 RESIDENCE DISTRICT TO R--3 SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND 32 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF AN N ANTIQUE 33 SHOP. 34 35 President Hutton announced the Ordinance would be assigned to the Plan Commission for public hearing 36 and recommendation. 37 38 ORDINANCE NO,50-1991 39 40 The Clerk read on first reading by title only Ordinance No. 50-1991 - AN ORDINANCE AMENDING 41 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 42 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 43 REZONING OF PROPERTY LOCATED AT 911 SOUTH L STREET, FROM R-3 ONE TO EIGHT FAMILY 44 RESIDENCE DISTRICT TO R-3SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND 45 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF AN OFF 46 STREET PARKING FACILITY. 47 48 President Hutton announced the Ordinance would be assigned to the Plan Commission for public hearing 49 and recommendation. 50 51 ORDINANCE NO.51-1991 52 53 The Clerk read on first reading by title only Ordinance No. 51-1991 - AN ORDINANCE AMENDING 54 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 55 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 56 REZONING OF PROPERTY LOCATED IN THE 1300 AND 1400 BLOCK OF SOUTH 9TH STREET, ON 57 THE EAST SIDE, FROM C-2 COMMERCIAL DISTRICT TO C-4 GENERAL BUSINESS DISTRICT. 58 59 President Hutton announced the Ordinance would be assigned to the Plan Commission for public hearing 60 and recommendation. 61 62 63 64 65 32 Common Council Minutes Cont'd September 3, 1991 Page 4 1 ORDINANCES ON SECOND READING 2 3 ORDINANCE NO.40-1991 4 5 The Clerk read on second reading Ordinance No. 40-1991 - AN ORDINANCE AMENDING CHAPTER 154 6 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING 7 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 8 PROPERTY LOCATED IN THE 1800 BLOCK OF SOUTH L STREET, ON THE SOUTH SIDE, FROM R-2 9 SINGLE FAMILY RESIDENCE DISTRICT TO C-2SU COMMERCIAL SPECIAL USE DISTRICT;AND ALSO 10 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT 11 PROJECT. 12 13 It was announced the petitioner had requested the ordinance be held for two weeks for public hearing. 14 15 ORDINANCE NO.45-1991 16 17 The Clerk read on second reading Ordinance No.45-1991 -AN ORDINANCE AMENDING THE RICHMOND 18 CITY CODE BY ENACTING AN ARTICLE TO BE ENTITLED "AMUSEMENT ARCADES"; PROVIDING A 19 STATEMENT OF PURPOSE; PROVIDING DEFINITIONS; REGULATING THE MANNER OF OPERATION 20 OF"AMUSEMENT ARCADES". 21 22 President Hutton announced the ordinance was on public hearing. 23 24 Speaking in favor was Mr. Tom Seal, Attorney at Law, 234 South 4th Street. Mr. Seal explained to Council 25 the ordinance was being presented for protection of individuals in the City of Richmond. He said the 26 ordinance addressed"peep booths"as defined by the Attorney General of the United States and quoted from 27 a report of the Attorney General describing the booths and operations. The report indicated the average 28 booth would hold two adults shoulder to shoulder and with the door shut the interior of the booth would be 29 dark. He said the booths are often covered with graffiti and other solicitation information and in addition to 30 viewing the booths serve as a place for anonymous sex with holes in the walls being used for oral or anal 31 sex by both heterosexual and homosexual males. 32 33 Mr. Seal informed the Council that the sanitary conditions of the booths were questionable with the floors 34 often being covered with various substances including trash and sewage. He added that the profit projection 35 of these booths nationwide in 1986 was at 2 billion dollars. He assured Council that the ordinance being 36 proposed was specifically to address the peep booths in the local Adult Book Store. 37 38 Mr. Seal said the ordinance does not violate the US Constitution and many cities have passed this ordinance 39 with it being challenged in court and being upheld as constitutional. He said it is not a restraint on freedom of 40 speech, because they are able to show whatever films they wish, but this ordinance only restrains the 41 secondary effect and sexual activity. Mr. Seal said individuals right to view whatever they want in public 42 does not equate with fondling self or others in public. 43 44 Mr. Seal stressed the right to view or read whatever is desired is still protected, but not the right to fondle self 45 or engage in sexual activity in public and this ordinance protects the individual rights of the residents of the 46 City and of Wayne County. Mr. Seal asked Council to show the community that they care about the health 47 and safety of the residents and still not trample on the rights of individuals. 48 49 President Hutton asked how this ordinance differed from a previous ordinance defeated by the Council and 50 Mr. Seal stated that this ordinance was one which has been passed in Dayton and upheld a constitutional 51 challenge to the Court of Appeals. He said there were some shared concepts, but this is an entirely different 52 ordinance. 53 54 Councilmember Morris commented that she had obtained a copy of the prior ordinance and it addressed 55 many other issues. 56 57 58 Councilmember Parker asked about the penalty section and why the fine was set a 100.00 rather than the 59 higher figure of 500.00 as the previous ordinance. 60 61 Mr. Seal said there was no objection to increasing the fine, but did not feel the dollar amount of the fine 62 impacted the ordinance. 63 64 65 Common Council Minutes Cont'd September 3, 1991 Page 5 1 President Hutton asked if the ordinance would need to be readvertised if the fine were increased and Mr. 2 3 Metzger said he would check on the advertising and he personally had no problems with an increase. 4 Councilmember Lundy asked if there had been any arrests in the past two years on any of these offenses 5 and Mr. Seal said he was not aware of that. 6 7 Councilmember Morris asked if the County Prosecutor had been approached regarding prosecution and Mr. 8 Seal said the offense was civil and not criminal. 9 10 Mr. Metzger assured the Council he would prosecute this as he does any ordinance violation. 11 12 Mr.Jack Shaffer reminded the Council that major concerns with the prior ordinance was it enforceability and 13 he presented correspondence from Mr. Ken Barden, former City Attorney and now with the City of Dayton. 14 The letter apologized because of his inability to be in attendance due to family emergency, but that he does 15 endorse this ordinance and assisted with it in the City of Dayton. It assured Council that this ordinance was 16 enforceable and constitutional. 17 18 Mr. Shaffer said this ordinance addresses safety and health threats in closed booths and these requirements 19 on viewing booths have been upheld in other places. 20 21 Councilmember McBride asked who would be responsible for enforcement and Mr. Shaffer said the Police 22 Department would be the enforcing agency. 23 24 Mayor Waltermann added that the Health Department could be called in if necessary. 25 26 Mr. Shaffer informed Council that the Police were now making regular visits to the establishment due to a 27 recent court settlement. Mr. Shaffer told Council that concerns for health and safety were particularly 28 important and gave information to support the spread of sexually transmitted diseases. 29 30 Rev. Kenneth Riden,told Council that he did not feel our Founding Fathers meant for the First Amendment 31 to protect this type of activity and should not be misused. 32 33 Mr. Steve Abernathy of Centerville,told the Council that the rest of Wayne County was watching to see what 34 the City would do and this ordinance speaks simply to the issue of health specifically sexually transmitted 35 diseases. He encouraged the Council to support the ordinance. 36 37 Hearing no one in opposition, Councilmember Elstro moved for engrossment, seconded by Councilmember 38 Brookbank and on unanimous voice vote the motion was carried. 39 40 Councilmember Brookbank moved to suspend the rules and move the ordinance to third and final reading 41 and read by title only, seconded by Councilmember McBride and on unanimous voice vote the motion was 42 carried. 43 44 The Clerk read th ordinance on third and final reading by title only. 45 46 Prior to final vote, Councilmember Lundy reminded all that just passing this ordinance would not prevent the 47 spread of AIDS and we must enforce it if we pass it. 48 49 Ordinance No.45-1991 was adopted on the following call of the roll: 50 51 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Hutton (8) 52 Nays: None 53 Absent: Paust 54 55 ORDINANCES ON THIRD READING 56 57 ORDINANCE NO.39-1991 58 59 The Clerk read on third and final reading by title only Ordinance No. 39-1991 - AN ORDINANCE FOR 60 APPROPRIATIONS AND TAX RATES. (1992 BUDGET) 61 62 The Proof of Publication was presented and found to be in order. 63 64 Councilmember Morris moved to accept and file the Proof of Publication, seconded by Councilmember 65 McBride and on unanimous voice vote the motion was carried. __3: Common Council Minutes Cont'd September 3, 1991 Page 6 1 Ordinance No.39-1991 was adopted on the following call of the roll: 2 3 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Hutton (8) 4 Nays: None 5 Absent: Paust 6 7 ADJOURNMENT 8 9 There being no further business, on a motion duly made, seconded and passed, the meeting was 10 adjourned. 11 12 13 14 15 16 Sarah Hutton, President 17 18 19 20 21 ATTEST: 22 Mary Merchanthouse, City Clerk 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66