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
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35 None were presented.
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37 REPORTS FROM OTHER OFFICES
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39 None were presented.
40
41 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
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43 None was presented.
44
45 REPORTS FROM M SPECIAL COMMITTEES
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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.
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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.
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• 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
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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:
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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.
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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.
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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.
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16 Sarah Hutton, President
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21 ATTEST:
22 Mary Merchanthouse, City Clerk
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