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HomeMy Public PortalAbout01-22-2002PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, TUESDAY, JANUARY 22, 2002 The Common Council of the City of Richmond, Indiana met in regular session at 7:45 p.m., Tuesday, January 22, 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 PARKER ROLL CALL Nine present. APPROVAL OF MINUTES Minutes of the regular meetings of December 17, 2001, January 7, 2002 and the special meeting of January 7, 2002 were presented for approval. Councilmember Sharp pointed out an error on page 1 of the January 7 meeting under the heading of the Board of Works Minutes where his name was used as President instead of President Wissel and moved to approve with that correction, second by Councilmember Parker and the motion was carried on a voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS A presentation was given by Pat Heiny and Rick Ahaus, representing the Richmond Community Schools Board. Heiny explained that for the past year and a half the Board had been looking at how to better utilize its resources to achieve its number one goal which is "students who are improving their achievement at all levels." She said that the Resources for Results Committee made up of more than 40 community people had a list of criteria that said to improve achievement a number of things needed to be done. Included among those were full day kindergarten, intensive staff development, having flexible elementary schools of about 300 to 400, and to allow choice. After listening and discussing the report, the RCS administrative team came out with recommendations which included all day kindergarten, intensive staff development focused on student achievement, extended school day/year opportunities, equitable class size, back on track opportunities for students who are behind, focus on the needs of the whole child, available resources to meet the program/instructional needs of every student, and district monitoring of accountability. Discussion centered on bussing, neighborhoods affected by the school closings, the future of the schools to be closed, concern over the sizes of the classes, the placement of teachers within the schools to be closed, and the possibility of including the teaching of skilled trades. Ahaus commented on the drop out rate, saying that the administrators stated that a lot of that occurs at the 9t' grade level when students get behind and have a difficult time catching up. He said as a part of this, they are looking at establishing a 9`h Grade Academy which would hopefully intensify the learning at the ninth grade level by keeping that group of students together with a specified number of instructors who will get more closely involved with those students. Heiny thanked Councilmembers for their time, saying that she appreciated their input on this subject. COMMUNICATION FROM THE MAYOR Mayor Shelley Miller stated that the City is in fact finding on the negotiations with the Sanitary and Street Departments regarding the contracts for 2002. She presented the names of George Sowers and Debbie Ahaus to be considered by Council to serve on that fact finding committee. Councilmember Welch moved to approve the two mentioned, second by Councilmember Dickman and the motion was carried on a voice vote. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Wissel said the minutes of the meetings of December 13 and 20, 2001 and January 3, 2002 were in their packets. REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES Common Council Minutes Cont'd January 22, 2002 Page 2 REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS Councilmember Welch said he had explored the subject of the Visioning Program and in touching base with Misty Hollis of the Community Development Department he said he agreed with her recommendation that Common Council meet with the County elected officials in a joint meeting at 5:30 p.m. February 11, 2002 at the Kuhlman Center. He said the two groups will discuss what they would envision what the county would be like in the next 5 to 10 years. President Wissel commented that he had made copies of the registration form for the Indiana Association of Cities and Towns (IACT) annual Legislative Conference to be held February 12 in Indianapolis and distributed them to all Councilmembers. He mentioned that programs will include municipal redistricting, open door laws and public records, an update on the police and fire pension funds and reassessment and tax structuring. ORDINANCES ON FIRST READING Councilmember Elstro moved to read Ordinances No. 2, 3, 4, 5, 6 and 8 - 2002 by title only, second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCE NO.2 — 2002 The Clerk read Ordinance No. 2 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM INDIANA CRIMINAL JUSTICES INSTITUTE Officer Paul Phillips explained that this grant is for $21,582 and the county -wide task force began operations on November 30. From that date to December 31, he said the task force has made 32 DUI arrests in the Richmond/Wayne County area. In addition, he said, there have been several felony arrests and misdemeanor traffic arrests. He said the second installment of those funds which is $4,795.50 had been received and operations would begin again this coming Friday. He explained that the task force includes the Richmond and Centerville Police Departments and the Wayne County Sheriff's Department. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 2 — 2002 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 2 — 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 Welch moved to suspend the rules and advance Ordinance No. 2 — 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. 2 — 2002 on third reading. Ordinance No. 2 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO.3 — 2002 The Clerk read Ordinance No. 3 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM STRIDE RITE CORPORATION FOUNDATION Explaining this ordinance was David Meredith, community recreation coordinator for the Parks and Recreation Department, who asked Council for permission to apply for this $5,000 grant, adding that the funds would be used for the JUKO and KIDS camps during the summer. Councilmember Welch moved to suspend the rules and advance Ordinance No. 3 — 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. 3 — 2002 on second reading. President Wissel declared the ordinance on public hearing and there being no comments either for or against the ordinance, Councilmember Welch moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Common Council Minutes Cont'd January 22, 2002 Page 3 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 3 — 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. 3 — 2002 on third reading. Ordinance No. 3 — 2002 was adopted on a unanimous roll call vote. 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 President Wissel said this ordinance would be assigned to the Planning Commission and would be heard Thursday, January 24, 2002, here in the Council Chambers. 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 said this ordinance would also be assigned to the Planning Commission and be heard on January 24. ORDINANCE NO.6 — 2002 The Clerk read Ordinance No. 6 — 2002 — A SPECIAL ORDINANCE AMENDING THE REZONING AT 2030 CHESTER BLVD. President Wissel said this ordinance deals with a request for a P.U.D. and would also go to the Planning Commission to be heard Thursday, January 24. 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 Councilmember Sharp said he would assign this ordinance to Councilmember Welch to, review and investigate. President Wissel explained that this is an abatement request by Purina Mills LLC for new manufacturing equipment with an estimated value of $901,287. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 18 — 2001 The Clerk read Ordinance No. 18 — 2001 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE POLICEMAN PENSION FUND FOR THE CITY OF RICHMOND Explaining this ordinance was City Controller John Kenny after President Wissel reminded Councilmembers that this ordinance deals with pension benefits for the police, and Ordinance No. 28 — 2002 also deals with pension benefits for the firefighters under the 1937 fund. In reporting on the actuarial information and comparisons with other communities, Kenny said that the original ordinance is a request to increase the benefit for widow and possibly other dependents for deceased police officers and firefighters from 50 percent to actual, which could also go on up to 74 percent due to various levels of service. He said information was sent to actuaries at McCready and Keene, who work closely with P.E.R.F., and they came back with some statistics showing the increase cost to the City for this ordinance. He said he had distributed that information to all Councilmembers. (That report is on file in its entirety in the Clerk's office). He said the actuarial assessments came in at $47.7 million over the history of the 1925-1937 police/fire pension plan; $55. 3 million for the City's current ordinance which is a difference of a little under $8 million. and, if it is to be increased, $57.9 million which would be a $2.6 million increase over the current ordinance as it is in effect now and those figures are for over a 50-year period. He said he also provided a breakdown of what they do in other cities in Indiana and what they pay on this same ordinance with state law requiring 30 percent. These range anywhere from 30 to 47 percent, with Richmond being the highest of comparable cities with its 50 percent. Common Council Cont'd January 22, 2002 Page 4 City Attorney Bob Bever commented on Ordinance No. 28 — 2001 it reads "for each six months of service" and stops. However, it should continue, and read: "beyond 20 years." Following a lengthy discussion on the subject, Councilmember Welch moved for engrossment of Ordinances No. 18 — and 28 — 2001, second by Councilmember Dickman and the motion was carried on a voice vote. President Wissel declared Ordinances No. 18 — and 28 — 2001 on public hearing. Speaking in favor of Ordinance No. 18 — 2001 was Police Officer Dean Snapp and J.P. Lantz, Pension secretary for the Police Department. Councilmember Welch moved to amend Ordinance No. 28 — 2001 to include the language in Section 1 after "member of the deceased, member over 20 years," second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Welch moved for engrossment with the amendment included, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Amended Ordinances No. 18 — and 28 — 2001 to third and final reading and read by title only, second by Councilmember Parker and could go no farther because of a nay vote cast by Councilmember Sharp. President Wissel said these ordinances would come back at Council's February 4, 2002 meeting. ORDINANCE NO. 28 — 2001 The Clerk read Ordinance No. 28 — 2001 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE 1937 FIREFIGHTER'S PENSION FUND FOR THE CITY OF RICHMOND Same as above. 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 President Wissel said this ordinance is concerning the abatement request for First Richmond Bank and it is being held until action is taken on Ordinance No. 7 — 2002. ORDINANCE NO. 1 - 2002 The Clerk read Ordinance No. 1— 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 Sharp explained that this ordinance deals with a request made by R2 J2 Investments which plans to build a 41,250 square foot warehouse and lease it to Spartech Plastics for its use. He recommended approval of the request. President Wissel declared Ordinance No. 1 — 2002 on public hearing. There being no comments either for or against the ordinance, Councilmember Hutton 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 Ordinance No. 1 — 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. 1 — 2002 on third reading. Ordinance No. 1 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO.7 — 2002 The Clerk read Ordinance No. 7 — 2002 — AN ORDINANCE DESIGNATING A CERTAIN AREA AS AN ECONOMIC DEVELOPMENT TARGET AREA City Attorney Bob Bever gave a brief summary of the ordinance, stating that this is an overlap of what the City has on the economic revitalization areas. He said this is a new twist on what can be done according to state statute by creating an economic development target area that is being proposed on the uptown area. He said this allows people who might otherwise be excluded, specifically retail services, to apply for the very same tax abatement over a period of time that has been done in the past with manufacturing facilities. Common Council Minutes Cont'd January 22, 2002 Page 5 He said included in this ordinance is that Council would remain open to any flexible time of either 1 to 10 year abatement or deduction period with the proviso that in order to encourage either outside work or upstairs work on the uptown properties the limit would be 5 years unless there was some significant work done on the project which is defined as at least 40 percent of the project. Councilmember Parker had some comments about the area involved, stating that he felt that the area should include properties on both sides of North and South A, instead of staring that the boundary area stopped in the middle of North and South A. Much discussion about what the exact wording would be and whether or not it should include only those properties with A Street addresses followed. Councilmember Parker moved to change the wording of the boundary to include North A Street on the north side and South A Street on the south side any property that touches either one of those streets. Councilmember Elstro then brought up the east side of 12 Street. Councilmember Parker amended his motion to also include either side of 12'h Street and any property that touches it, second by Councilmember Dickman and the motion was carried on a voice vote. President Wissel declared Ordinance No. 7 — 2002 on public hearing. Speaking in favor of the ordinance was Renee Oldham, director of Main Street, who recalled the activities in that area during the past five years. Oldham said she also had letters from Scott Zimmerman, director of Historic Landmarks Foundation of Indiana, and the Indiana National Road Association. Also speaking in favor of the ordinance was Brad Beach who owns Beach Auto at 110 E. Main Street, and David Stidham of 820 Farlow Road. Bobby Sams of 101 North West 11t' Street, president of Premier Development Corp. and owner of Knollenberg's Mall and Banquet Center, had some questions about the Knollenberg building as to whether or not this ordinance would include work done in the basement. Bever responded that if Sams did work to his basement after this ordinance passes he would still get the abatement, assuming that that did increase your assessed value, that the abatement would apply to that and it would be for at least the 5 years and if he also, as a part of any project, did additional work to the outside of the building or to any upper floors it could still be up to 10 years. Bever added that to get more than that 5 years it would have to be included in the original plans. Bob Goodwin, director of Planning, had some questions about how to draw the boundary lines now that Council has voted to change them. Bever said since he will be the one to write the amendment concerning boundaries, he intended to write it so that it would just be that taxable lot adjoining A Street regardless whether or not that common owner might own something continuing on down the street. He used as an example, that if he owned Lot 11 and 12 in the Joseph Smith addition and that is where his one building is located, it would be both those lots, but it is for that one use on that taxable parcel that is adjacent to A Street. Councilmember Welch so moved, second by Councilmember Dickman and the motion was carried on a voice vote. There being no further comments, either for or against, Councilmember Hutton moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 7 — 2002 to third and final reading and read by title only, second by Councilmember Hutton and the motion was carried on voice vote. The Clerk read Ordinance No. 7 — 2002 on third reading. Ordinance No. 7 — 2002 was adopted on a unanimous roll call vote. ORDINANCES ON THIRD READING There were none. UNFINISHED BUSINESS CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 9:50 P.M. ATTEST: Norma Schroeder, City Clerk Bruce Wissel, President