HomeMy Public PortalAbout11-21-1988 149
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA. NOVEMBER 21, 1988
1 The Common Council of the City of Richmond, Indiana met in regular session November 21,1988 at the hour
2 of 7:30 P.M. in the Council Chambers in said City. President Morris presided with the following
3 Councilmembers present: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Hutton and Paust.
4 Absent: None. The following business was had to-wit:
5
6 OATH OF OFFICE - ETTA J. LUNDY
7
8 City Clerk, Mary Merchanthouse administered the Oath of Office to Etta J. Lundy, as Councilmember of the
9 Second District.
10
11 President Morris welcomed Councilmember Lundy.
12
13 Councilmember Lundy stated it was an honor and privilege to serve on the Council and she would carry on for
14 the Second District and the City.
15
16 PLEDGE OF ALLEGIANCE
17
18 APPROVAL OF MINUTES OF NOVEMBER 7 . 1988
19
20 Councilmember Hankinson moved to approve the minutes of the previous meeting as prepared, seconded
21 by Councilmember Hutton and on unanimous voice vote the motion was carried.
22
23 COMMUNICATIONS FROM THE MAYOR
24
25 In the absence of Mayor Waltermann, President Morris reported that the State Board of Tax Commissioners
26 had set the final tax rate for the City and it had been reduced from the original estimate of 3.65 to 3.175. She
27 said this put the 1989 budget only 11.00 over the frozen levy.
28
29 President Morris extended her congratulations to the Mayor and the City Controller.
30
31 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
32
33 Mr. Barden reported that the Board had received bids for the flood control project on the Sheridan Street
34 extension and also on several Park Bond Projects. He stated the decision had been made to rebid several
35 of the Park projects due to the lack of vendor participation. Mr. Barden said the Board also signed an
36 addendum to the Agreement with the Housing Authority for emergency housing giving the right to extend the
37 time beyond thirty days and to inspect the apartments. The Board also initiated eminent domain
38 proceedings on the Mandarin Garden property and held a hearing on the request to make South 6th Street
39 two way traffic. Mr. Barden explained that no formal action was taken by the Board on South 6th Street,but
40 did receive information from Mayor Waltermann and the Traffic Division.
41
42 APPOINTMENT TO PUBLIC SAFETY COMMITTEE
43
44 President Morris appointed Councilmember Hutton to the Public Safety Committee to replace Marion
45 Williams.
46
47 REPORTS FROM SPECIAL COMMITTEES
48
49 None
50
51 REPORTS FROM STANDING COMMITTEES
52
53 None.
54
55 MISCELLANEOUS BUSINESS
56
57 Interlocal Agreement with County - G Street Bridge
58 -
59 County Commissioner Roy Werking and County,Highway Engineer Richard Jackson addressed the Council
60 regarding an Interlocal Agreement with the City and County on the financial and maintenance responsibilities
61 of the G Street Bridge.
62
63 Mr. Barden explained that the agreement sets up the financing and structural supervision for the bridge and
64 needs to be approved by the governing bodies of both City and County. He said the Board of Works
65 approved the agreement subject to final approval by Council. He added the Board also requested a detour
150
Common Council Minutes Cont'd
November 21,1988
Page 2
1 plan be developed.
2
3 Mr. Barden said the County will be responsible for rehabilitation of the bridge with the City reimbursing the
4 County for the approaches and the City to assume responsibility for the future maintenance of the pavement
5 and traffic markings. Funds will be 80% Federal and 20% County with the City paying one half of the
6 approach cost.
7
8 Councilmember Elstro asked how long the bridge would be closed and Mr.Jackson stated approximately 1
9 to land 1/2 years.
10
11 Councilmember McBride asked if Dr. Morrison, Superintendent of Schools had been included on the traffic
12 design and Mr. Jackson said he had, but was not pleased with all of the design but the design needed to
13 meet federal mandates.
14
15 Councilmember Hankinson asked if the Main Street project would be proceeding at the same time and Mr.
16 Barden said there were three projects coming up,the L Street extension which should be finished next year,
17 the G Street which would be starting next year and the East Main Street project scheduled to start in 1991.
18
19 President Morris asked if there was a possibility of the Main Street bridge being replaced and Mr.Jackson
20 said he has written the State Highway regarding the Main Street Bridge.
21
22 Councilmember Lundy asked if dates could be set for starting and completing projects in order that they not
23 all coincide and Mr. Barden said the projects were now up to the State and out of our control.
24
25 Councilmember Hutton said she felt there was no conflict with G Street Bridge and L Street and there would
26 be no problem if L Street was completed prior to Main Street beginning.
27
28 There being no further discussion on the Interlocal Agreement, Councilmember Hankinson moved to
29 approve and authorize President Morris to execute the Agreement on the G Street Bridge between the City
30 of Richmond and Wayne County, seconded by Councilmember McBride and on unanimous voice vote the
31 motion was carried.
32
33 Temporary Storage of Impounded Animals
34
35 Ms. Violet Nelson, 116 North West H Street, asked the Council if they had given consideration to the
36 temporary arrangements for impounded animals being in a shack by the Police Garage and the unsanitary
37 conditions of the shack.
38
39 Ms. Nelson had requested the members of Council to inspect the temporary facility and see if something
40 could be done to improve this situation.
41
42 Councilmember Elstro ask who gave the orders for the animals to be taken to the temporary shelter and
43 Chief Nimitz explained that he was not aware of any procedures for keeping the animals stored at that
44 location other than if they were unable to be taken to the Animal Shelter.
45
46 Animal Control Officer, Aaron Stevens, told the Council that only on two occasions since September 9,
47 1988 had he taken any animals to the Garden Avenue storage. He said the animals taken there are fed and
48 cared for and are probably in worse conditions when picked up. •
49
50 President Morris asked if other arrangements could be made for temporary storage and Officer Stevens
51 commented that the animals are inside and fed, but there is a problem with holes in the roof.
52
53 Ms. Nelson stated that the roof is full of holes and water goes everywhere. She said she was not asking for
54 a new building, but that they be put in the garage or taken to the shelter.
55
56 Officer Stevens stated that the employees of the Animal Shelter were not City employees, but he is trying to
57 work up an agreement for storage and avoid any temporary storage.
58
59 Ms. Nelson said she would like to see something done.
60
61 Councilmanic Districts
62
63 President Morris commented on correspondence received on the redrawing of precincts and the affect on
64 Council Districts and indicated she would be appointing representatives at the next Council meeting to work
65 with the County.
151
Common Council Minutes Cont'd
November 21, 1988
Page 3
1 RESOLUTIONS
2
3 RESOLUTION NO. 20-1988
4
5 Councilmember Elstro moved to suspend the rules and read Resolution No. 20-1988 by title only, seconded
6 by Councilmember Hankinson and on unanimous voice vote the motion was carried.
7
8 The Clerk read by title only Resolution No. 20-1988-A RESOLUTION APPROVING THE STATEMENT OF
9 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT AND/OR
10 CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION AREAS IN THE
11 CITY OF RICHMOND, INDIANA.
12
13 Mr. James Kinnett, Economic Development Director, explained that under new rules and regulations of the
14 Tax Commission, each application for tax abatement must be reviewed by the Common Council and
15 approved. He said the committee established to review the applications had met and recommended the
16 I applications submitted by Belden, Landis Plastics, Vandor Corporation and Wayne Dairy.
17
18 Councilmember Brookbank,as Chairman of the Tax Abatement Committee,verified committee approval.
19
20 Councilmember Hankinson moved for adoption of Resolution No. 20-1988, seconded by Councilmember
21 Hutton and on unanimous voice vote the motion was carried.
22
23 ORDINANCES
24
25 ORDINANCES ON FIRST READING
26
27 I Councilmember Elstro moved to suspend the rules and read Ordinances No. 83, 84, 85, and 86-1988 on
28 j first reading by title only, seconded by Councilmember Parker and on unanimous voice vote the motion was
29 carried.
30
111 31 TRANSFER ORDINANCE NO, 83-1988
32
33 The Clerk read on first reading by title only Ordinance No. 83-1988-AN ORDINANCE TO TRANSFER WITHIN
34 THE MOTOR VEHICLE HIGHWAY FUND.
35
36 Councilmember Elstro moved to suspend the rules and move Ordinance No. 83-1988 to second reading,
37 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
38
39 i The Clerk read Ordinance No. 83-1988 on second reading.
40
41 I President Morris announced Ordinance No.83-1988 was on public hearing.
42
43 Speaking for'Ordinance No. 83-1988 was Street Commissioner,William Hillard. Mr. Hillard explained that the
44 money was being transferred from Gasoline to Building and Structures to repair the roof on the garage. Mr.
45 Hillard said there would be excess funds in the Gasoline account due to new vehicles, better maintenance
46 and the gas card system.
47
48 Councilmember Parker asked about the electrical wiring problem at the garage and Mr. Hillard said he would
49 be able to address the wiring problem after the roof was repaired in order that the area be dry.
50
51 Councilmember McBride stated the Council would anticipate budget reductions in the Gasoline account in the
52 future.
53
54 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by
55 Councilmember Parker and on unanimous voice vote the motion was carried.
56
57 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 83-1988 to third and final
58 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
59 motion was carried.
60
61 The Clerk read Ordinance No. 83-1988 on third and final reading by title only.
62
63 Ordinance No.83-1988 was adopted on the following call of the roll:
64
65 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
Nays: None
� I
152.
Common Council Minutes Cont'd
November21,1988
Page 4
1 TRANSFER ORDINANCE NO. 84-1988
2
3 The Clerk read on first reading by title only Ordinance No.84-1988-AN ORDINANCE TO TRANSFER WITHIN
4 THE GENERAL FUND.
5
6 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 84-1988 to second reading,
7 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
8
9 The Clerk read Ordinance No.84-1988 on second reading.
10
11 President Morris announced Ordinance No.84-1988 was on public hearing.
12
13 Speaking for Ordinance No. 84-1988 was Mr. Jim Kinnett, Economic Development Director. Mr. Kinnett
14 explained that the purpose of the transfer was to pay existing debts i n the Promotional Account. He stated
15 that the funds anticipated from the State were cut back significantly and they will be able to adjust their
16 program in the future.
17
18 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by
19 Councilmember Brookbank and on unanimous voice vote the motion was carried.
20
21 Councilmember Parker moved to suspend the rules and move Ordinance No. 84-1988 to third and final
22 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the
23 motion was carried.
24
25 The Clerk read Ordinance No.84-1988 on third and final reading by title only.
26
27 Ordinance No.84-1988 was adopted on the following call of the roll:
28
29 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
30 Nays: None
31
32 ORDINANCE NO. 85-1988
33
34 The Clerk read on first reading by title only Ordinance No. 85-1988 - AN ORDINANCE AMENDING
35 ORDINANCE NO. 42-1987 RATIFYING THE SALARIES, WAGES, AND POSITIONS FOR APPOINTED
36 OFFICERS AND EMPLOYEES OF THE RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR
37 BEGINNING JANUARY 1, 1988 AND ENDING DECEMBER 31, 1988 AS ADOPTED BY THE BOARD OF
38 SANITARY COMMISSIONERS.
39
40 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 85-1988 to second
41 reading,seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
42
43 The Clerk read Ordinance No.85-1988 on second reading.
44
45 President Morris announced Ordinance No.85-1988 was on public hearing.
46
47 Speaking for Ordinance No. 85-1988 was Richmond Sanitary District Administrator,Jerald Judge. Mr.Judge
48 told the Council the salary amendment was needed due to a reorganization in the lab. He said three
49 positions in the lab were being changed and combined into two with the lower position being upgraded and
50 expanded. Mr. Judge said that Ordinance No. 86 was the companion ordinance to amend the 1989 salary
51 ordinance.
52
53 There being no further comment, Councilmember Brookbank moved for engrossment, seconded by
54 Councilmember Hutton and on unanimous voice vote the motion was carried.
55
56 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 85-1988 to third and final
57 reading and read by title only,seconded by Councilmember Hutton and on unanimous voice vote the motion
58 was carried.
59
60 The Clerk read Ordinance No.85-1988 on third and final reading by title only.
61
62 Ordinance No.85-1988 was adopted on the following call of the roll:
63
64 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
65 Nays: None
153
Common Council Minutes Cont'd
November 21, 1988
Page 5
1 ORDINANCE NO. 86-1988
2
3 The Clerk read on first reading by title only Ordinance No. 86-1988 - AN ORDINANCE AMENDING
4 ORDINANCE NO. 43-1988 RATIFYING THE SALARIES, WAGES, AND POSITIONS FOR APPOINTED
5 OFFICERS AND EMPLOYEES OF THE RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR
6 BEGINNING JANUARY 1, 1989 AND ENDING DECEMBER 31, 1989 AS ADOPTED BY THE BOARD OF
7 SANITARY COMMISSIONERS.
8
9 Councilmember Hankinson moved to suspend the rules and move Ordinance No.86-1988 to second reading,
10 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
11
12 The Clerk read Ordinance No. 86-1988 on second reading.
13
14 President Morris announced Ordinance No.86-1988 was on public hearing.
15
16 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by
17 Councilmember Hutton and on unanimous voice vote the motion was carried.
18
19 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 86-1988 to third and•final
20 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
21 motion was carried.
22
23 The Clerk read Ordinance No. 86-1988 on third and final reading by title only.
24
25 Ordinance No.86-1988 was adopted on the following call of the roll:
26
27 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
28 Nays: None
29
30 ORDINANCES ON SECOND READING
31
32 TRANSFER ORDINANCE NO. 77-1988
33
34 The Clerk read on second reading Ordinance No. 77-1988-AN ORDINANCE TO TRANSFER WITHIN THE
35 PUBLIC TRANSIT FUND.
36
37 President Morris announced Ordinance No.77-1988 was on public hearing and that the ordinance had been
38 held for further information regarding the transfer.
39
40 Speaking for Ordinance No.77-1988 was Ms.Janet McFarland, Rose View Transit Manager. Ms. McFarland
41 asked if the Council had any questions on her memo regarding the transfer into the Gasoline account.
42
43 Councilmember Elstro said that the memo and telephone call from Ms. McFarland had cleared up his
44 questions on the gasoline and the County expansion and Councilmember Hankinson agreed that his
45 questions had been answered.
46
47 Ms. McFarland also announced there is a possibility of additional funds for the County Expansion Service
48 through the Area Agency Program.
49
50 There being no further comment, Councilmember Elstro moved for engrossment, seconded by
51 Councilmember Hankinson and on unanimous voice vote the motion was carried.
52
53 i Councilmember Brookbank moved to suspend the rules and move Ordinance No. 77-1988 to third and final
54 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
55 motion was carried.
56
57 The Clerk read Ordinance No. 77-1988 on third and final reading by title only.
58
59 Ordinance No. 77-1988 was adopted on the following call of the roll:
60
61 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
62 Nays: None
63
64
65
I4
15 4. -
•
Common Council Minutes Cont'd
November21, 1988
Page 6
1 ORDINANCE NO. 78-1988
2
3 The Clerk read on second reading Ordinance No.78-1988-AN ORDINANCE AMENDING THE RICHMOND
4 CITY CODE, BY ENACTING AN ARTICLE TO BE ENTITLED "ADULT MOTION PICTURE ARCADES";
5 PROVIDING A STATEMENT OF PURPOSE; PROVIDING DEFINITIONS;REGULATING THE MANNER OF
6 OPERATION OF"ADULT MOTION PICTURE ARCADES".
7
8 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Hutton moved to
9 accept and file the Proof of Publication, seconded by Councilmember Parker and on unanimous voice vote
10 the motion was carried.
11
12 President Morris announced Ordinance No.78-1988 was on public hearing. She added that after the hearing
13 by the Public Safety Committee,there might be some confusion as to the intent of the Ordinance. President
14 Morris outlined the purposes of the Ordinance and asked that anyone speaking address the purpose of the
15 Ordinance which dealt with prevention of disease and the manner of operation of facilities.
16
17 President Morris asked that comments not be redundant and that courtesy be observed at all times.
18
19 City Attorney, Ken Barden informed the Council that after reviewing court cases, he suggested the
20 Ordinance be amended. He said the Section 1, Purpose legislates a fact which the enforcement will handle.
21 Mr. Barden suggested that it read, "The purpose of this article is to regulate the manner of operation of Adult
22 Motion Picture Arcades where such operation poses a hazard to the public health, safety and welfare. Mr.
23 Barden further suggested a typographical error in Section 3 (d) be corrected by changing king to kind,
24 Section 4(a) read "this chapter" instead of"Section of this article", (b) add each day after(500.00) and
25 to add (c) Violations of this ordinance shall be enforceable upon the swam and written complaint of the
26 Director of the Wayne County Health Department, who shall certify that the violations constitute a public
27 health threat.
28
29 Councilmember Elstro asked if they should hold the public hearing prior to voting on the amendments.
30
31 Councilmember Brookbank stated she felt they should vote on the amendments and moved to amend
32 Ordinance No. 78-1988 as suggested by Mr. Barden. The motion was seconded by Councilmember
33 Hankinson.
34
35 Ordinance No.78-1988 was amended on the following call of the roll:
36
37 Ayes: Lundy, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (8)
38 Nays: Elstro (1)
39
40 President Morris announced she would hear from persons speaking for the Ordinance and requested their
41 comments be kept to 5 minutes per person.
42
43 Speaking in favor was Police Chief Nimitz. Chief Nimitz informed the Council that he supports this or similar
44 legislation and that if discussion is based on facts,the facts presented by public health officials will call for
45 passage.
46
47 Mr. Jack Shaffer, representing Citizens for Community Values, introduced Dr. Francis Warrick, Wayne
48 County Health Officer.
49
50 Dr. Warrick informed the Council that on November 4, 1988, he inspected the Adult Book Store at 12 South
51 11th Street. He said there were viewing booth that were 4 ft.square and in which he noted a pool of what he
52 believed to be semen on the floor and dried semen on the TV screens. Dr.Warrick stated that wet semen is
53 a health hazard and transmits sexually transmitted diseases. He added that persons who clean in the
54 facility should be properly clothed.
55
56 Mr. Barden asked Dr. Warrick if he were familiar with the Indiana legislation passed regarding AIDS that
57 provides for the Health Department to take emergency action. He further questioned Dr. Warrick why the
58 Health Department had not pursued any action against the facility if this was viewed as a health hazard.
59
60 Dr.Warrick stated he was not aware of the legislation and Mr. Barden said this was an existing law that could
61 be enforced immediately,whereas the proposed ordinance, if passed, has a sixty day waiting period before
62 it became effective.
63
64 Dr.Warrick commented that he would study the statute.
65
15
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ICommon Council Minutes Cont'd
November 21, 1988
(Page 7
1 Councilmember Lundy asked how long the AIDS virus stays alive and Dr. Warrick said as long as the
2 substance is wet since it needs fluids to maintain a live status.
3
4 Councilmember Lundy said she had received information that the time period was five minutes, but Dr.
5 Warrick disagreed and reiterated that as long as the substance is wet,the virus would survive.
6
7 Speaking in favor of the Ordinance was Ms. Jean Cates, Wayne County Health Department. Ms. Cates
8 spoke of the cost of AIDS to the taxpayer. She stated that AIDS is a virus and it is very unlikely there would
9 be a cure. She added the disease is very costly and a recent Wayne County case cost over 20,000.00 to
10 Medicaid. She said if the ordinance prevents one case of AIDS, many dollars would be saved and asked how
11 the Common Council could overlook an issue that cost taxpayers in excess of 2,000.00/month.
12
13 Also speaking in favor of the ordinance was Mr. Bradley Berner, 1058 Centerville Road, Detective with the
14 Richmond Police Department. Detective Burner told the Council he had personally been in the existing
15 facility and observed wet substances or semen on the floors and seats and he encouraged the Council to
16 vote in favor of the ordinance.
17
18 Mr. Ernie Hudson, Detective with the Indianapolis Police Department, spoke to the Council in favor of the
19 ordinance. Detective Hudson presented photographs taken in an Indianapolis adult arcade and stated there
20 were 1100 arrests made where there was sexual conduct occurring in the confines of booths. He said that
21 as larger cities take enforcement action on the adult arcades, they would be moving elsewhere and if cities
22 like Richmond were prepared to take enforcement action they would be better off in the future.
23
24 President Morris asked Det. Hudson to describe the law in Indianapolis and the appellate proceedings.
25
26 Det. Hudson said the law was very similar to the one being proposed and it is being upheld in appeal.
27
28 President Morris requested a copy of the Indianapolis ordinance.
29
30 Councilmember McBride asked about the conviction rate of the arrests and Det. Hudson explained it was
31 over 95%with the first offender program.
32
33 Councilmember Hankinson asked for examples of smaller cities being affected and Det. Hudson cited a
34 problem in Hendrix County.
35
36 President Morris asked about the method of apprehension and Det. Hudson explained they go to the
37 facilities specifically to rid them of the problem and view the sexual conduct which is considered public
38 indecency and constitutes arrest.
39
40 Mr. Mike Shane of 3704 S.W. R Street spoke in favor of the ordinance and that he as a barber is forced to
41 function by sanitary rules that are mandated. He felt that rules on sanitary conditions did not hurt
42 businesses.
43
44 Mr.Tom Seal,234 South 4th Street,Attorney at Law,addressed the Council regarding any problems with the
45 constitutionality of the ordinance. Mr. Seal spoke of the ordinance in Marion County being challenged and
46 that summary judgement granted no genuine issue of fact remaining. He also listed several cities where
47 ordinances were challenged and survived.
48
49 Mr. Seal said that any allegations of unconstitutionality are wrong and there is no right of privacy in a public
50 place.
51
52 Mr.Jack Shaffer told the Council that he has been involved in presenting a pornography video within Wayne
53 County and has found the citizens do not realize the seriousness of the issue. Mr.Shaffer read a letter from
54 Oklahoma City referring to their ordinance and that the challenges in Court have not been successful.
55
56 Mr. Shaffer referred to a quote by Mr.James Backmeyer,Attorney at Law,for the local adult arcade and that
57 if they can afford any amount to defend themselves,they should want to keep the facility clean.
58
59 Mr.Shaffer asked the Council to take a stand and vote in favor of the Ordinance.
60
61 President Morris asked if the County Prosecutor had been contacted regarding the issue and Mr. Shaffer
62 stated he had not.
63
64 Also speak was Mr. Brent Harris of 117 1/2 South 12th Street. Mr. Harris expressed his concerns about
65 being able to see into the Adult Bookstore from the neighboring building which is owned by the same person.
156
Common Council Minutes Cont'd
November 21, 1988
Page 8
1 Ms. Diane Angellela, 127. NW 10th Street, spoke to the Council regarding the epidemic of sexually
2 transmitted diseases and there being 26 to 41 different types of diseases, many with no cures or
3 treatments. She said studies have shown that the AIDS virus can be transmitted by person to person
4 contact of body fluids, not just sexual contact. She added that a cut, rash or any opening in the skin can
5 allow the fluid carrying the AIDS virus to enter the body. Ms. Angellela asked the Council's support of the
6 ordinance.
7
8 Mr. Patrick Harding of 50 1/2 South 16th Street told the Council along with the cost of AIDS to the
9 community,there was also the loss of a productive worker and a bad impression for economic development
10 within the community.
11
12 Ms. Jan Walton, 421 S.W. 18th Street, stated that she demands her health be protected anywhere she
13 woudl go and there is a responsibility to uphold the health of self and children.
14
15 Prior to allowing persons in opposition to the Ordinance to speak, President Morris recessed the Council for
16 ten minutes.
17
18 Upon reconvening the Common Council meeting, President Morris requested those in opposition to the
19 Ordinance to make their presentations.
20
21 Speaking in opposition was Mr. James Backmeyer, Attorney at Law, 126 South 5th Street. Mr. Backmeyer
22 stated he was speaking for ten to fifteen persons in attendance that were in opposition to the ordinance,
23 since the time was growing late. Mr. Backmeyer requested those in attendance that he was representing to
24 show their hand so the Council was aware of their presence.
25
26 Mr. Backmeyer presented the Council a letter he had sent to Mr.Gerald Surface,Wayne County Prosecutor,
27 requesting information on misconduct or activities, including any complaint by a law enforcement officer, in
28 the Adult Bookstore at 12 South 11th Street. He also requested the Mr. Surface respond if there were
29 sufficient laws available and if this ordinance could be effectively enforced.
30
31 Mr. Backmeyer presented the response from Mr. Surface that there were no complaints covering activities
32 of the Bookstore since April of 1983 and no complaints from law enforcement officers or agencies. Mr.
33 Surface's reply said there have been no investigations currently or over the past five years. He said he had
34 not been requested to input into the ordinance and professionally felt it was unenforceable and
35 unconstitutional.
36
37 Mr. Backmeyer asked persons in favor of the Ordinance to stand up and also requested those who had been
38 in the facility to stand up. There were very few persons who had been in the facility. Mr. Backmeyer made
39 the point that those who had not been in the facility could not represent feelings fairly or intelligently. He
40 said he did appreciate the amendments made to the ordinance, but there would be constitutional problems
41 even with the amendments.
42
43 Mr. Backmeyer presented some alternatives for the Council, including taking no action and waiting for the
44 Supreme Court decision on the Indianapolis appeal, which should be issued between June and October of
45 1989 or go ahead and enact the ordinance and start spending tax payers dollars on the enforcement and
46 paying attorneys to determine if it is constitutional. Mr. Backmeyer said that for expert counsel, the City
47 would be looking at a large expenditure.
48
49 Mr. Backmeyer stated that many bookstores in Indianapolis are closed due to criminal offenses such as
50 arson and tax evasion. He said the ordinance is a compilation of laws of other states and not a whole
51 ordinance that has been acted upon in court. Mr. Backmeyer suggested the bookstore has not violated any
52 laws, and the Council should pull back and take a second look to determine if they want immediate litigation
53 and then have a budget to meet the needs of the litigation.
54
55 Mr. Backmeyer addressed Dr.Warrick regarding legislation on the books and if events had occurred like Dr.
56 Warrick indicated, he should have taken immediate action. He added he did fault Dr. Warrick for not taking
57 action.
58
59 Mr. Backmeyer questioned specific sections of the ordinance and the interpretations being liberal or strict.
60
61 Mr. Backmeyer completed his presentation with stating there was enough legislation available dealing with
62 indecent exposure and health. He said it should also be considered if this as existing facility should be
63 grandfathered regarding the architectural changes.
64
65 President Morris asked if the bookstore had attempted to address the sanitation aspects and Mr.
157
Common-Council-Minutes-Cont'd - - — —
November-217-1988
Page 9
1 Backmeyer said he had met with Dr.Warrick and was aware that three members of the Common Council had
2 toured the facility and should be able to verify that it is clean,well lighted and monitored. He explained the
3 building is washed down twice a week with disinfect and clorox. Mr. Backmeyer said he had brought a video
4 to share with the Council,but due to the lateness of the evening, he would not show it, but would share it with
5 anyone wanting to view the interior of the bookstore.
6
7 Councilmember Brookbank said she had toured the Bookstore and felt it was very dark in the booth area and
8 there was dried substance on the floor,but other than that she felt it was very clean.
9
10 President Morris asked Mr. Backmeyer if he felt the Bookstore was lighted to the ordinance specifications
11 and Mr. Backmeyer said not in the booth area, but in the rest of the facility.
12
13 There being no additional public comment, Councilmember Hankinson moved for engrossment,seconded by
14 Councilmember Brookbank and on unanimous voice vote the motion was carried.
15
16 Councilmember Brookbank moved to suspend the rules and move Amended Ordinance No.78-1988 to third
17 and final reading and read by title only, seconded by Councilmember Hutton and on unanimous voice vote
18 the motion was carried.
19 -
20 The Clerk read Amended Ordinance No.78-1988 on third and final reading by title only.
21
22 Prior to voting, President Morris asked Mr. Barden what the amendments to Section 3 do to the substance of
23 the ordinance and Mr. Barden said he felt it would strengthen the ordinance by providing the requirement to
24 show the relation to health. He said it would provide for fact finding for the enforcement.
25
26 Councilmember Brookbank stated that she felt a responsibility to support the ordinance since AIDS is such a
27 great threat.
28
29 Councilmember Lundy said that after much soul searching, she was confused as to why nothing had been
30 done in the past five years and why there were resources available and not being used. She said a push
31 should be made towards enforcing the laws available and if we make another law and not enforce it, we are
32 still at square one.
33
34 Councilmember Hankinson questioned the enforceability and Mr. Barden said the County Health Department
35 would certify offenses as a public health threat and it would be pursued, punishable with a 500.00/day fine.
36 (Mr. Barden indicated the state fine was 1000.00 and allowed pursuit as a criminal offense.
37
38 President Morris thanked the audience for their courteous manner in a very emotional issue.
39
40 4 Amended Ordinance No.78-1988 was defeated on the following call of the roll:
41
42 Ayes: Elstro, Brookbank, Parker and Paust (4)
43 Nays: Lundy, Hankinson, McBride, Hutton and Morris (5)
44
45 ORDINANCE NO. 82-1988
46
47 The Clerk read on second reading Ordinance No.82-1988-AN ORDINANCE OF THE COMMON COUNCIL OF
48 THE CITY OF RICHMOND, INDIANA MAKING AMENDMENTS TO CHAPTER 76: TRAFFIC SCHEDULES OF
49 THE RICHMOND CITY CODE.
50
51 President Morris announced Ordinance No. 82-1988 was on public hearing.
52
53 City Clerk, Mary Merchanthouse presented the Council the results of the survey taken on 6th Street and also
54 a letter from Robert Delaney, Attorney at Law, representing his law firm and West End Federal, both in
55 opposition to the traffic flow change.
56
57 Mr. Barden explained that the Board of Works had held a hearing, but had reached no conclusion. He said
58 the concerns addressed were signalization of the Promenade intersection and the additional light head
59 needed on the 6th and South A intersection.
60
61 Councilmember Brookbank said she had talked with Carol Smyth at Morrisson Reeves Library and she was
62 opposed to making 6th Street two way traffic. She felt it would endanger the youth and elderly using the
63 library.
64
65 Speaking in opposition to the Ordinance was Mr.Jack Shaffer, representing Starr Bank. Mr. Shaffer said the
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Common Council_Minutes Cont'd
November 2.1,-1.988 _ _--
Page 10
1 branch on 6th Street hadbeen designed for one way traffic with a right turn onto 6th Street. He said there
2 are 855 cars using the bank branch daily. Mr. Shaffer said the study completed for Richmond Community
3 Development Corporation indicated there was not a comfort level for pedestrians in the downtown area and
4 the bank had concerns for their customers with the branch being designed for a one way street.
5
6 Also speaking in opposition to the Ordinance was Mr.Robert Ridgeway, 121 South 6th Street. Mr.Ridgeway
7 presented the Council a petition from the residents of the 100 Block of South 6th in opposition to changing
8 the traffic flow. He also commented on traffic flow on South B Street being changed without the area being
9 notified.
10
11 Mr. Robert O'Maley, 3315 Dorothy Lane, said he would like to hear an overall proposal for traffic in the
12 downtown area. He did add that Mr. Richard Coins, Fifth Quarter Restaurant, had to leave the meeting,but
13 did express his support. Mr. O'Maley added that he personally could not support the change without there
14 being an overall plan for the downtown area.
15
16 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by
17 Councilmember Brookbank and on unanimous voice vote the motion was carried.
18
19 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 82-1988 to third and final
20 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
21 motion was carried.
22
23 The Clerk read Ordinance No.82-1988 on third and final reading by title only.
24
25 Ordinance No.82-1988 was defeated on the following call of the roll:
26
27 Ayes: None
28 Nays: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
29
30 ADJOURNMENT
31
32 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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36 Lynn Nepote Morris,President
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40 ATTEST:
41 Mary Merchanthouse,City Clerk
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