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HomeMy Public PortalAbout08-05-2002PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, AUGUST 5, 2002 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, August 5, 2002, in the Council Chambers in said City. President Bruce Wissel presided with the following Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Karl Sharp, Bing Welch, Larry Parker, Paul Combs, Phil Dickman and Sarah "Sally" Hutton. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY THE REV. DAVID LAYMAN ROLL CALL Nine present. APPROVAL OF MINUTES Minutes of the July 15, 2002 meeting were approved on a motion by Councilmember Sharp, second by Councilmember Hutton and the motion was carried on a voice vote Councilmember Welch moved to add Ordinance No. 66 — 2002 to the agenda, second by Councilmember Parker and the motion was carried on a voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS Misty Hollis of the City's Department of Community Development made a presentation of the recently completed Housing Needs Assessment, pointing out the highlights which included the availability and affordability of owner -occupied, rental, elderly and special needs housing; funding opportunities; housing demand; and recommendations. In summary, the needs assessment revealed that opportunities do exist to increase homeownership levels throughout the City and to promote additional rental and owner -occupied housing rehabilitation activities throughout the City; the target range for affordable owner -occupied housing in the City is approximately $53,000 to $86,000 and for rental housing it is approximately $446 to $714 per month; additional assisted living units for older adults would be supported by the Richmond community as well as "continuing care" developments; and transitional housing is needed within the City. (The report in its entirety is on file in the Clerk's office). Hollis pointed out that the next step is to work with housing agencies in the Richmond community to reach some of the action plans outlined in the study. COMMUNICATION FROM THE MAYOR Alluding to the comments made by Councihnember Combs at the July 15 Council meeting, Mayor Shelley Miller said she felt that the administration has shown in the past few weeks that it is willing to look closely at the actions of the Police Department and take any appropriate action. She added that that step had already been taken on the very night of the fourth of July. In the meantime, she said, Councilmember Combs had forwarded 14 complaints by citizens and the Police Department, her office and the law department has gone above and beyond to contact each of the complainants to explain the process about how the citizens review complaint works and the process that Council established for circumstances such as this. She said that, at this point, regarding the specific tear gas that was used at that event, no one has come forward with a complaint. Addressing her comments to Councilmember Elstro, the Mayor said she was pleased to be able to tell him that South L Street is closed and the railroad tracks are being fixed. She also commented that the administration continues working with the Recycling Center on the entire project and anticipates the project will be completed in this construction season. Councilmember Combs commented that at the last meeting he had presented a proposal in regard to animal control issues, suggesting that the animal control be taken out of the Police Department and additional people be added to better serve the community. Responding, the Mayor said she felt that animal control is best served within the Police Department at this time, giving several reasons for that decision. These included training, backup and authority. She added that the administration has looked at a number of options as far as getting additional manpower for the program. Councilmember Combs said he would encourage those who had filed complaints with him about the July 4 incident to come forward and make their complaints known. Common Council Minutes Cont'd August 5, 2002 Page 2 Mayor Miller said that the only citizens who have come forward have confirmed the information that was in the police report, adding that the administration can only work with the information provided. She stated that had she or the Police Chief been aware that Councilmember Combs wished to discuss the July 4 event at that meeting b oth would have made sure there was ample representation to answer any questions he might have had. In the future, she said, if he would let them know beforehand they would be glad to be in attendance and answer his questions. President Wissel reminded Councilmember Combs that when he has issues with the administration it should first be addressed with the individuals they concern, and then if he has a problem that needs to be brought to the attention of the public he can do it at Council meetings. He added that he should have his homework done before that happens. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Wissel said the minutes of the meetings of July 3, 11 and 18, 2002 were in their packets. REPORTS FROM DEPARTMENT HEADS David West of the Sanitation Department presented a brief overview of the Master Plan that is being implemented, stating that he had distributed information to the Councilmembers updating them on the actions taken. He said that throughout the years there have been problems such as flooding and sewers that need to be repaired, to name only two, and he said the department is at the point where it is going to begin addressing some of these issues and the public is going to begin to see some results. He said the Richmond Sanitary District staff, in conjunction with the Sanitary District Board and the City Engineers Department and the Mayor's office had reviewed all the information presented by the consultant firms before final approval was given. He said over the next 10 years the projected improvement budget for the Master Plan is approximately $43 million which is an average of a little more than $4 million per year. West said that projects for 2002 that fall under the Mater Plan include the South 6`h and Q Streets storm project, South 8t' Street, North West 1P Street and South West 15`h and West Main. He also listed additional projects which included sewer extensions as well as rehabs, along with several others. He said that in 2003 there will be six CSO projects (Combined Sewer Overflow) -and 9 storm projects. He fielded a question coming from Councilmember Combs about raccoons in the storm drains in specific neighborhoods on North West K and South 4a` Streets, saying that they will seal off all of those so they don't get infiltration. He said he would be glad to take a look at the area in question to see what can be done. Councilmember Combs said he had contacted Cope Environmental Center about how to deal with the raccoons and had information about that if citizens who have such problems wish to contact him In answer to a question by Councilmember Welch, West said the Sanitation Department is still using the input of the Senior Citizens Advisory Committee and invited Councilmembers to the next meeting of that group at 6:30 p.m Wednesday, August 14. West said he intends to visit each and every neighborhood that is going to be impacted by the projects to let them know what is going on. REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 59, 60, 62 and 63 - 2002 by ■ title only, and No. 66 - 2002 in its entirety, second by Councilmember Sharp and the motion was carried on a voice vote. ORDINANCE NO. 59 — 2002 The Clerk read Ordinance No. 59 — 2002 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1 — 12.1 AND SPECIFICALLY 6-1.1 — 12.1-7 (UPTOWN AREA) President Wissel said the ordinance deals with an abatement request by Paul W. Lingle Revocable Trust, adding that this comes u nder the n ewly adopted ordinance for economic development t arget area in t he uptown area. He said he had met with Lingle to tour the property at 600 East Main Street which is going to be used by the Bureau of Motor Vehicles which will be moving to this location and it will be a retention of 18 jobs that are currently there. Common Council Minutes Cont'd August 5, 2002 Page 3 In addition to that, the branch would also serve as a regional center for people who have to make special arrangements to get their licenses back and that would necessitate the hiring of five additional employees. He said this is what is along -the line of what this ordinance was designed to do, and that is to bring investment money back into the uptown area, and will also bring jobs. He said this is the type of operation that would attract nearly everyone on this side of the County at some point in the year. He said the request is for a five-year tax abatement with an estimated value of $80,500, adding that the current wage is almost the same as what the average industrial wage is for the present 18 jobs and provides health insurance benefits. He said there are time constraints on this and it has been requested that the rules be suspended and the ordinance be advanced through all three readings tonight. Councilmember Sharp moved to suspend the rules on Ordinance No. 59 — 2002 and move to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 59 — 2002 on second reading. President Wissel declared Ordinance No. 59 — 2002 on public hearing. Speaking in favor of the ordinance was Paul W. Lingle, who said he felt that this would be a boost to the uptown area. He said he hoped that this would serve as a catalyst that will begin to bring some new life there, adding that when you begin to make things happen then other things begin happening. Councilmember Elstro asked if there would be restrooms within the area that would be available to the public. Lingle said he did not know, but the BMV could make them open to the public if they chose to do so. In answer to a question by Councilmember Combs, Lingle said there are no guarantees about how long the BMV would stay in the building, but he assured him that they would be there longer than the abatement. Councilmember Lundy added her comments about the concern she has about availability of the restrooms. Councilmember Welch said he also had concerns about the availability of parking and addressed his remarks to Norma Schroeder, the City Clerk, who assured him that the issue is being addressed in meetings with the Parking Advisory Committee which is also meeting with the Mayor. Councilmember Dickman commented that he is happy to see the BMV coming back to the uptown area. There being no further comments either for or against the ordinance, Councilmember Hutton moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 59 — 2002 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 59 — 2002 on third reading. Ordinance No. 59 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO.60 — 2002 The Clerk read Ordinance No. 60 — 2002 — AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2003 FIREFIGHTER AND POLICE OFFICER SALARY ORDINANCE City Attorney Bob Bever reminded Councilmembers that in 2000, three-year contracts were reached during negotiations with the Police and Fire Departments, and as a result of those it was set in place what would be salaries with percentage increases each year for the following years, ending with 2003. He said this Council approved those contracts but couldn't approve the salaries that went with them until this time of year. President Wissel said this ordinance would be held on second reading and would be brought back at the next Council meeting. ORDINANCE NO.62 — 2002 The Clerk read Ordinance No. 62 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF TRANSPORTATION Explaining this ordinance was Tony Foster of the City's Community Development department who said this is in regard to an annual grant that is submitted to the Indiana Department of Transportation for Roseview Transit. He said this year the request is for $808,327 for operating and capital expenses. He said the local match is $110,868 which comes out of the general fund. He explained the breakdown of the grant proceeds, saying that $705,277 will go for operating expenses and $103,050 will be used for capital expenses. LJ 1 Common Council Minutes Cont'd August 5, 2002 Page 4 Foster said the capital expenses include a new bus, a new van and new radio equipment as well as a small shelter to go over the new gas tanks that were installed with last year's grant. He said they are keeping the additional drivers for the evening routes in the grant for this year because it has been a success, serving its purpose attracting new riders. He also said the Paratransit is doing extremely well. In answer to a question by Councilmember Dickman, Foster said the ridership on the evening service is between 20 and 25 and continues to grow on a monthly basis. He said the evening route is called a point deviation route which has the flexibility to go off the route if it needs to serve the needs of the riders. Councilmember Welch moved to suspend the rules on Ordinance No. 62 — 2002 and move to second reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Clerk read Ordinance No. 62 — 2002 on second reading. President Wissel declared Ordinance No. 62 — 2002 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Parker moved to suspend the rules and advance Ordinance No. 62 — 2002 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 62 — 2002 on third reading. Ordinance No. 62 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 63 — 2002 The Clerk read Ordinance No. 63 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM, THE CORPORATION FOR NATIONAL SERVICES Martha Young, director of Retired Senior Volunteer Program explained that this ordinance deals with a request for a grant for $36,760 which would cover salaries and volunteer needs and recognition. She added that the local match is for $12,331 which is acquired by donations, fund raising and a small amount from the City. Councilmember Elstro moved to suspend the rules on Ordinance No. 63 — 2002 and move to second reading and read by title only, second by Councilmember Welch and the motion was carried on a voice vote. The Clerk read Ordinance No. 63 — 2002 on second reading. President Wissel declared Ordinance No. 63 — 2002 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Sharp and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 63 — 2002 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Clerk read Ordinance.No. 63 — 2002 on third reading. Ordinance No. 63 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO.66 — 2002 The Clerk read Ordinance No. 66 — 2002 — A SPECIAL ORDINANCE AUITHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION "WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose; and "WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following donations made to the City of Richmond for the Richmond Boys and Girls Club Youth Mappers shall be accepted and gratefully acknowledged by the citizens of Richmond: Common Council Minutes Cont'd August 5, 2002 Page 5 "JC Penney Co., Inc. — 20 Pen and Pencil Sets and $5.00 off Hair Salon Coupons "Mc Donald's Restaurants — 20 Free All American Coupons "Rax Restaurants — 20 Free Roast Beef Sandwich Coupons "Richmond Square Mall — 20 Free All American Meal Coupons." Councilmember Welch asked about the meaning of the term "Youth Mappers," and the Mayor explained that this is a program through the Boys and Girls Club and the City sponsored a grant that they had applied for. She said it is a group of young adults who went throughout the community interviewing businesses, the city building and the county building to discuss what resources are available to youth to find out what we have a nd what we d on't have a nd t o b egin t o make s ome d eterminations a nd r ecommendations for t he community. Councilmember Welch moved to suspend the rules on Ordinance No. 66 — 2002 and move to second reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 66 — 2002 on second reading. President Wissel declared Ordinance No. 66 — 2002 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councihnember Lundy moved to suspend the rules and advance Ordinance No. 66 — 2002 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 66 — 2002 on third reading. Ordinance No. 66 — 2002 was adopted on a unanimous roll call vote. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 32 — 2002 The Clerk read Ordinance No. 32 — 2002 — A SPECIAL ORDINANCE AUTHORIZING- THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 Councihnember.Welch said this should be held on second reading since no update of information has been received from Smith Dairy. President Wissel suggested that Councilmember Welch contact Smith Dairy to determine what their next move will be. ORDINANCE NO.46 — 2002 The Clerk read Ordinance No. 46 — 2002 — A GENERAL ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 154 OF THE CITY OF RICHMOND CODE REGARDING FLOODING Explaining this ordinance was Wayne Jackson of the Permits and Inspections Department who said this ordinance is a result of correspondence the City received from the Department of Natural Resources wherein the state had changed some of its rules and this is to merely bring the City into compliance. He said some of the rules are a little bit more relaxed than they used to be and the City has the option as to whether or not it participates in the national flood insurance program. However, he said, if the City doesn't participate, the folks that live in those flood plain districts have no coverage. He said the City currently has 34 insurance policies representing about $2.7 million in coverage. Councilmember Parker asked how homeowners get this policy and Jackson said the lending institutions require that you carry flood insurance and, by law, it is mandated if the lending institution uses federal funds. President Wissel said this is not available to those who do not live in a designated flood plain because it is a federally funded program which can be purchased through a local insurance agent. Jackson said there are flood plain maps which designate these areas. President Wissel announced that this ordinance is on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Common Council Minutes Cont'd August 5, 2002 Page 6 Bever pointed out that there is a typo under No. 3 and asked that it be amended to read 154.38 and on the second page, under No. 6, he said it should be changed to "zoning director.." Councilmember Elstro moved to amend Ordinance No. 46 — 2002, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 46 — 2002 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 46 — 2002 on third reading. Ordinance No. 46 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 56 — 2002 The Clerk read Ordinance No. 56 — 2002 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 Councilmember E lstro a xplained t his o rdinance d eals with B& F P lastics a t 814 S outh L Street a nd a request fora 1 0-year tax abatement on new manufacturing equipment with an estimated new value of $585,000. He said the jobs retained will be 43 and new jobs will number 10. President Wissel said this ordinance is on public hearing. There being no comments either for or against the ordinance, Councilmember Welch moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 56 — 2002 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 56 — 2002 on third reading. Ordinance No. 56 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO.57 — 2002 The Clerk read Ordinance No. 57 — 2002 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT UNIMPROVED REAL ESTATE ON WILLIAMSBURG PIKE, RICHMOND, INDIANA This ordinance was explained by President Wissel who gave a report on the Planning Commission meeting where a public hearing was conducted on this ordinance on July 25, 2002. He said the petitioners had amended their special use request to include just 5 acres of the 8.819 acres listed on the ordinance. He said the request was to establish mini -warehouses on the M-2 zoned site which can only be done as a special use authorized by Council. He said the staff recommended that there be only access point to the site located at the a xisting t raffic signal. He s aid t hey a lso r ecommended t hat t he d eveloper i s t o p rovide for t he n ew traffic signal face and its installation by RP & L. He said the access point is also to serve the approximately 3 acres to be developed later. He added that the Commission voted 6 to 1 in favor of the special use for this property. He said he was the one negative vote on this and since then he has lessened his stand on that after talking to Jim Hizer of the Economic Development Corp. who pointed out some of the topography problems that lessens the use of that property for industrial use. Bob Goodwin, Planning Director, explained that the traffic signal there is in front of the old Alcoa plant and it actually has a face on it for traffic going north, and going south and for people exiting the plant. He said these people are going to be on the opposite side so there is no face there with lights on it. Councilmember Parker said he doesn't foresee that much traffic on Williamsburg Pike and he hates to see the traffic slowed down anymore than is absolutely necessary. President Wissel said this ordinance is on public hearing. Speaking in favor of the ordinance was Attorney George Sowers, but he said he would like to defer to Dave Kam, of Kam Properties and Greg Gustin, one of the owners of American Self Storage. Kam explained that he bought this ground several years ago from Council acting as the Board of Directors of RP & L, intending to expand his business but because of a change in ownership of one of the businesses he dealt with he has found he does not need the land. Common Council Minutes Cont'd August 5, 2002 Page 7 Gustin said he had been in Richmond for nearly a year now and has found a lot of things here that he likes. He explained that he has storage units in Ohio which include Cincinnati, Middletown, Lebanon, Sidney, Hamilton, Troy and he hopes Richmond and Connersville are the next two. He said self storage is what he has been dealing in for the past 15 years. He addressed the issues which came to light in the Planning Commission meeting, mentioning the signal light which he said he didn't have a problem with. He also said he had asked for two curb cuts and the Planning Commission had recommended only one be made. He assured Council that his company would do whatever it could to make this development as attractive as possible. He said he had selected Williamsburg Pike because of the traffic count and the visibility. Returning to the podium, S owers said using this for the mini -warehouses would be a consistent and an excellent transitional use for the land. He said there is an investment of $2 million and the photos in his brochures are of actual existing facilities. He said he believes it is an excellent use for this property. He said he would ask that this be moved to third reading tonight. Councilmember Sharp asked what happens to the other 3.9 acres of land, and Sowers said Kam owns it and it is on the market. Councilmember Welch said there is a drainage ditch on the back side of the property and Gustin told him that they had set aside almost an acre of land to hold the surface water and then be discharged. He explained it to the satisfaction of Councilmember Welch. Councilmember Parker asked if the apartment requested on the site is within the special use request and Bever explained that since it is necessary, it could be made a part of the conditions of the ordinance. He also asked about the time frame and whether or not it is within Council's jurisdiction to set a time frame and Bever said it could be made a condition of this. Councilmember Parker moved to amend the ordinance and add as a condition of compliance to the ordinance that the construction of at least the front three buildings be completed on or before two years from the date of passage of this ordinance and to allow for an apartment in the manager's facility, second by Councilmember Sharp and the motion was carried on a voice vote. There being no further comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Sharp and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Amended Ordinance No. 57 — 2002 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 57 — 2002 on third reading. Councilmember Welch said he had mixed emotions about this particular request and this particular use for this land. He said as the Board of Directors of RP & L Councilmembers made a specific point not to sell off what he would call "frontage lots" on Williamsburg Pike. He said they had used Kramer and Associates to divide that 70 acres land that was sold in that parcel into pie shaped lots so that they were large enough and situated sufficiently to be developed by small industrial concerns such as Amcast and Ralston Purina who are currently located on pieces of that land. He said he still maintains that the best use of that land would be small industrial type businesses. He said he looks at the remaining 3.6 acres and he questions who will buy that land and how it would be used. He said he feels that this request starts the frontage development of Williamsburg Pike which is the very thing that Councilmembers, acting as RP & L Board members, chose not to do when RP & L sold the land originally. Therefore, he said, he would be voting against the adoption of this ordinance. Ordinance No. 57 — 2002 was adopted on an 8 to 1 roll call vote with Councilmember Welch casting the only opposing vote. ORDINANCE NO.58 — 2002 The Clerk read Ordinance No. 58 — 2002 — A GENERAL ORDINANCE AMENDING AND RE- STATING SECTIONS 74.24 AND 74.47 OF RICHMOND CODE Foster explained that the changes to this ordinance have not been included and asked that this ordinance be held until Council's next meeting. ORDINANCES ON THIRD READING UNFINISHED BUSINESS Common Council Minutes Cont'd August 5, 2002 Page 8 CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 9:30 P.M. ATTEST: Norma Schroeder, Clerk Bruce Wissel, President