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HomeMy Public PortalAbout02-04-2002PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, FEBRUARY 4 2002 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, February 4, 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 COUNCILMEMBER LUNDY ROLL CALL Nine present. APPROVAL OF MINUTES Minutes of the January 22, 2002 meeting were approved on a motion by Councilmember Hutton, second by Councilmember Sharp and carried on voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS RESOLUTION NO. 1 — 2002 — A RESOLUTION FOR SUPPORTING THE APPROVAL OF A LATE FILED APPLICATION FOR A PERSONAL PROPERTY TAX ABATEMENT FOR F & H PARTNERS, LLC Introducing the resolution was Tony Foster of the Community Development Department who said this is to allow F & H Partners LLC to take advantage of a 5-year tax abatement on equipment received June 19, 2000. He said the reason this is being brought to the attention of Council is that due to an administrative oversight the abatement was not filed for in a timely manner and according to the State Board of Commissioners one of the requirements is to pass a resolution to allow this. Foster said the abatement was for the property at 619 Commerce Road and the cost of the equipment was $138,000. Councilmember Dickman moved to approve the resolution, second by Councilmember Hutton and the motion was carried on a voice vote. COMMUNICATION FROM THE MAYOR Mayor Shelley Miller asked Councilmembers to mark on their calendars the date of February 19, 2002. She said that's when she will deliver the State of the City address at 5 p.m. in Council Chambers. She said the format would be similar to that which was used last year with the addition of a brief State of the Youth address which would be presented by the Mayor's Youth Action Council. Addressing the topic of the way finding mockup signs, she said the permanent signs would not be installed within the next 30 to 60 days but the City would be gathering public comment during that period. She added that based upon the response to the mockup signs, the number, location and appearance for the permanent signage would be determined. She said interested citizens may make comments by logging on to the Waynet web page at Waynet.org Commenting on the proposed pension ordinances on the agenda this evening, the Mayor said the administration had gathered, reviewed, analyzed and provided to Council a great deal of data concerning Ordinances 18 — and 28 — 2001. She said the administration has recommended against the increase of benefits that would obligate the next two generations of this community to pay for. She gave as an example, two police officers hired within 8 months of one another. She said one was the last officer enrolled in the old pension plan and the other was the first officer enrolled in the new pension plan. If both were to have retired after 20 years of service and lived an additional 20 years the officer under the new plan would receive just over 398,000 and the officer under the old plan would receive benefits of over 548,000. If their spouses lived an additional 10 years, she said, the spouse under the new plan would receive additional benefits of $65,000 and the spouse covered by the old plan would receive an additional $226,000. The Mayor said that in this example, two officers, rendering the same number of service years, one would receive city benefits amounting to $468,000 and the other would receive city benefits amounting to $775,000. She noted that this is a difference of more than $300,000, stating that this example is given using current benefits and illustrates the current imbalance between the plans. The proposed ordinance does increase benefits to employees covered under the old plan and would only serve to inflate the already existing inequity and inhibit the City's ability to provide for other deserving employees. Common Council Minutes Cont'd February 4, 2002 Page 2 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Wissel said the minutes of the meetings of January 10 and 17, 2002 were in their packets. REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS Councilmember Parker moved to remove from the agenda Ordinance No. 1 — 2002 and Amended Ordinance N o. 7— 2 002 s ince b oth were a dopted a t C ouncil's last meeting, s econd b y C ouncihnember Dickman and the motion was carried on a voice vote. Councilmember Hutton also moved that Ordinances No. 18 and 28 — 2001, be removed from second reading and placed on third reading, second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCES ON FIRST READING Councilmember Elstro moved to read Ordinances No. 9, 10 and 11 - 2002 by title only, second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCE NO. 9 — 2002 The Clerk read Ordinance No. 9 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE NATIONAL ENDOWMENT OF THE ARTS Explaining this ordinance was Tony Foster who said the City's Parks and Recreation Department is requesting a grant of $5,000 to help fund the art projects in the JUKO and Kids Camp summer programs. He said these will include the painting of a mural and sidewalk chalk art, adding that there is a $5,000 match r equired b ut i t i s e asily made up b y i n-kind c ontributions including t he u se o f Vaile E lementary School, the cabins at the park and the admissions into the pool for the other programs. He said this grant is aimed to help low income children with art projects and requires partnerships with art -related organizations, which, in this case is the Art Museum. In answer to a question posed by Councilmember Parker, Foster said the location for the mural is being looked into, adding that research is being done on placing it on one of the underpasses or overpasses on the trailheads. Councilmember Welch moved to suspend the rules and advance Ordinance No. 9 — 2002 to second reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. The Clerk read Ordinance No. 9 — 2002 on second reading. President Wissel declared the ordinance on public hearing and 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. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 9 — 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. 9 — 2002 on third reading. Ordinance No. 9 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 10 — 2002 The Clerk read Ordinance No. 10— 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE WAYNE COUNTY FOUNDATION Common Council Minutes Cont'd February 4, 2002 Page 3 It was Foster again explaining the ordinance, saying that the Parks Department is requesting a grant for $9,000 to purchase what he calls a graffiti removal machine. He said this machine is similar to a sand blaster but uses baking soda to take off the paint. He said the benefit of this is that it does not ruin concrete, metal, signs, bricks or plastics, adding that what is done now is merely to paint over the existing graffiti leaving unsightly large blocks of gray paint. He said if this is funded, the Parks Department will partner with the Street Department because it requires the use of a portable air compressor and generator to operate. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 10 — 2002 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. 10 — 2002 on second reading. President Wissel declared the ordinance on public hearing and there being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Combs moved to suspend the rules and advance Ordinance No. 10 — 2002 to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 10— 2002 on third reading. Ordinance No. 10 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 11— 2002 The Clerk read Ordinance No. 11 — 2002 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA DEVELOPMENT FINANCE AUTHORITY BROWNFIELD SITE ASSESSMENT PROGRAM Foster also explained the purpose of this ordinance, saying that the City is requesting a grant up to $25,000 to be used to continue a phase II site assessment of the Starr Gennett area and the Whitewaier Valley Gorge. He added that in 2000 the City was awarded a $19,000 grant to begin an environmental investigation of the area and with that grant a geophysical survey was completed which looked for underground storage tanks. As a result of all the studies, petroleum contamination was found in one area and in a recent meeting with IDEM Foster said they requested the City to do some additional testing to determine the depth and width of the contamination. He said there is no local match for this but the City plans to provide a 50 percent match out of the EDIT funds to help the application be a little more competitive. Councilmember Welch moved to suspend the rules and advance Ordinance No. 11 — 2002 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. 11 — 2002 on second reading. President Wissel declared the ordinance on public hearing and there being no comments either for or against the ordinance, Councilmember Lundy moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 11 — 2002 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Parker asked if the City is exempt from any of this environmental phase II and Bever answered that it depends upon the circumstances. Mayor Miller responded, saying that if the City pursues any kind of grant opportunities for that area they would require that that this work be done. The Clerk read Ordinance No. 11 — 2002 on third reading. Ordinance No. 11 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO.93 — 2001 The Clerk read Ordinance No. 93 — 2001 — 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 Common Council Minutes Cont'd February 4, 2002 Page 4 President Wissel said Council is waiting on some updated information on this ordinance and it would be held until the information is received. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO.4 — 2002 The Clerk read Ordinance No. 4 — 2002 — A SPECIAL ORDINANCE VACATING AN UNUSED PORTION OF LAND LOCATED AT 2423 RICHWOOD DRIVE TO THE EAST AND .2501 RICHWOOD DRIVE TO THE WEST Reporting on the public hearing of Ordinance No. 4 — 2002 which was conducted by the Plan Commission on January 24, 2002, President Wissel stated that all parties for and against the ordinance were allowed to speak at that time. He said the ordinance deals with a request to vacate a public right of way dedicated for an extension of Porterfield Avenue north to Richwood Drive, adding that the vacation would not hinder orderly development in the neighborhood and would not make access to adjoining land difficult. He also said the vacation would not hinder access to a church, school or other public place or building as the vacation will not hinder the use of the public way by the neighborhood in which it was located. The Commission voted 9-0 to recommend approval. President Wissel declared the ordinance on public hearing and invited those in favor step forward to give their comments. Charles Fitzgerald, the resident at 2423 Richwood Drive, explained that his next door neighbor, who lives at 2501 Richwood Drive, is Evelyn Sherrow. He said there is a 50 - by 150 — feet deep stretch of vacated area undesignated on Porterfield Avenue that has never been paved and set vacant since 1958 and never collected taxes. He said Sherrow has indicated to him that she has no interest in having her half, and there is an amendment to the ordinance to that effect. He said he would start paying the taxes on it and it would become part of 2423 Richwood Drive and the insurance is covered on it. He mentioned that a vehicle recently used that area tearing up the ground and if the area is vacated to him he would have to entertain the idea of allowing neighbors to walk their dogs but also to fence it to keep vehicles out. He said he would discuss that further with zoning and planning. Speaking i n o pposition o f t he o rdinance was O rville Jo nes who s aid h e o wns t he p roperty s outh o f t he designated street and pays taxes on it on both sides of the street. He said it is up for sale and if someone wants to build five or six new homes on that they could. He also commented that emergency vehicles would have a time getting into that area and that is the only street between 18a` and Salisbury that would be anyway legally open for traffic and that's why he is opposed to the ordinance. Brenda See of 415 Hillcrest Avenue said she has lived there for 40 years and it is located right behind Porterfield Avenue. She said she has used that area to get to her home without using U.S. 40 because of the traffic. Donna Sherer, co-owner of West Side Storage and a resident of 401 Porterfield Avenue, said she was the driver of the vehicle that he said tore up the ground. She said she drove to Main Street to State Farm Insurance Co. and returned to her home by the same route. She said she has been in and out of that area several times before the day mentioned by Fitzgerald. She distributed copies of the map which designates the City's streets to the Councilmembers and gave some background information on the area. She said she feels that the area should be opened up to give access to the emergency vehicles and residents. Also speaking against the ordinance was Bill Hartman of 2500 Knox Avenue who said he lives south of Jones. Bever commented that the dates need to be filled in on the ordinance before action is taken. Councilmember Parker moved to amend the ordinance to change those dates, second by Councilmember Welch and the motion was carried on a voice vote. There being no other comments either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Amended Ordinance No. 4 — 2002 to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 4 — 2002 on third reading. Ordinance No. 4 — 2002 was adopted on a unanimous roll call vote. Common Council Minutes Cont'd February 4, 2002 Page 5 ORDINANCE NO.5 — 2002 The Clerk read Ordinance No. 5 — 2002 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT LOT 10 AND PART OF LOT 9 WEST SIDE SYNDICATE SUB -DIVISION President Wissel also reported on the Plan Commission meeting where a public hearing was conducted on this ordinance on January 24, 2002. He said all parties for and against the request were given an opportunity to speak and no adverse comments were noted and a neighbor appeared to speak in favor of the request. He explained that the petitioner is requesting permission to build a parking lot in an R-3 district across the alley from their M-1 zoned business. He added that the petitioner has provided an acceptable site plan for their parking lot which handles storm drainage and creates an aesthetic appearing parking lot which will adhere to all requirement of M.C. No. 154.41.00. He said the Plan Commission voted 9 to 0 to recommend approval of the ordinance. Speaking in favor of the ordinance was Attorney Kirk Weikart, representing the petitioner. President Wissel declared the ordinance on public hearing and 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 Welch moved to suspend the rules and advance Ordinance No. 5 — 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. 5 — 2002 on third reading. Ordinance No. 5 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO.6 — 2002 The Clerk read Ordinance No. 6 — 2002 — A SPECIAL ORDINANCE AMENDING THE REZONING AT 2030 CHESTER BLVD. President Wissel explained that this ordinance deals with a request to rezone the map at 2030 Chester Boulevard as an R-2 District and change that designation to an R — 2 Planned Unit Development District. He also reported on the Plan Commission's public hearing on this ordinance held on January 24, 2002. He said all parties for and against were given an opportunity to speak. He said the major concern with this development was the sanitary sewer capacity and was resolved at the hearing to the satisfaction of City Engineer Bob Wiwi at which time the Commission voted unanimously (9 to 0) to approve the Council the rezoning of the project site to the PUD District and approval of the Concept Plan. He said attached to his report which was given to each of the Councilmembers is a copy of the PUD approval process so they can see that the items being dealt with tonight are 1 through 5. Speaking in favor of the ordinance was David Winemiller of Thomas, Winemiller and Associates, a civil engineering firm located at 1825 West Main Street. He explained that he is appearing here tonight representing Friends Fellowship Community Inc. which is a continuing retirement community which provides housing for those ready for retirement and has a 37-year history in the Richmond Community. He explained the proposal deals with adding 31 buildings which will mean an additional 62 living units. He said the project will have all public utilities and will be a good addition to the community. He said 14 of the 31 buildings will be the "A" type which has the driveway in the center of the two units which have two bedrooms and the remaining will be the `B" type which has the driveways separated and have an option to have a third bedroom. He said they are trying to preserve as much green space as possible. He said the streets will be private and the setbacks will be 25 feet. They are not anticipating any sidewalks but there will be 19 off -site parking spaces for guests of the facility. He said they are also proposing a connection at the southeast corner to Capri Lane which will be gated and only used by emergency vehicles. Councilmember Welch asked about the sewers and the water line and the questions were answered satisfactorily by Winemiller. He asked if Friends Fellowship owned property all the way to Industries Road and receiving an affirmative answer he suggested that further down the road along with the growth of the Friends Fellowship Community they consider taking care of planning an opening onto Industries Road. Bob Goodwin, Planning Director, informed Council that this particular PUD is 20.1 acres at the south end of their property so it is important that the opening be a part of their overall planning but not necessarily this particular PUD. He did agree that they need the extra access. Councilmember Sharp brought up the subject of whether or not Friends Fellowship ,paid taxes on their property. Jeff Baxter, administrator, said Friends Fellowship is a not for profit, for the most part, tax exempt organization. He said the exemption has been based on the fact that they are a charitable organization in that they give charitable assistance to a portion of their residents. I. Common Council Minutes Cont'd February 4, 2002 Page 6 Baxter said that under a recent agreement with the County they are now paying taxes on land in excess of 50 acres. He added that until last fall they owned about 65 acres of land and this development will be built on a portion of 58 acres that they purchased in the fall and that means they will be paying taxes on that acreage in the near future. President Wissel declared the ordinance on public hearing and 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. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 6 — 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. 6 — 2002 on third reading. Councilmember Welch urged all of the Councilmembers to consider what they are doing here tonight because this will not come back before Council. He said the next hearings go through the Plan Commission and the Planning Department. Ordinance No. 6 — 2002 was adopted on a roll call vote of 8 to 1, with the dissenting vote cast by Councilmember Sharp. ORDINANCE NO. 8 — 2002 The Clerk read Ordinance No. 8 — 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 Giving a report from the Tax Abatement Committee was Councilmember Welch who explained that this is a request made by Purina Mills, 505 North 0 Street. He said it is a request for a 10-year-abatement on machinery they are placing in their current facility to improve their overall process and aid in the processing of a new product. He said he talked with Mr. Herlyn, the plant manager, about this request and he said they intend to retain all their employees but this will not make added jobs. Councilmember Welch asked Councilmembers to check the page with the description of the machinery, he said the fourth item is for $160,000 which is for the second half of the front roof project and is not abatable under machine abatement nor the real estate. He said he explained that to Mr. Herlyn who understood that it should be taken out of the $901,287 request, leaving a total of $741,287 to be abated. He moved to amend the abatement to reflect the change to $741,287, second by Councilmember Parker and the motion was carried on a voice vote. There being no further comments in favor or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Amended Ordinance No. 8 — 2002 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a voice vote. The Clerk read Ordinance No. 8 — 2002 on third reading. Ordinance No. 8 — 2002 was adopted on a unanimous roll call vote. ORDINANCES ON THIRD READING ORDINANCE NO. 18 — 2001 The Clerk read Amended Ordinance No. 18 — 2001 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE POLICEMAN PENSION FUND FOR THE CITY OF RICHMOND ORDINANCE NO. 28 — 2001 The Clerk read Amended Ordinance No. 28 — 2001 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE 1937 FIREFIGHTER'S PENSION FUND FOR THE CITY OF RICHMOND Comments were made by Councilmembers Combs, Elstro and Lundy who agreed that they could not vote for these ordinances added that passing these ordinances would put an added burden on the City. They also agreed that they appreciated what the police and firefighters do for this City but still could not vote in favor of the ordinances. Ordinances No. 18 — and 28 - 2002 were defeated on a unanimous roll call vote. Common Council Minutes Cont'd February 4, 2002 Page 7 UNFINISHED BUSINESS 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. Bruce Wissel, President ATTEST: Norma Schroeder, City Clerk