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HomeMy Public PortalAbout06-04-2001PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, JUNE 4, 2001 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, June 4, 2001, in the Council Chambers in said City. President Karl Sharp presided with the following Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Bruce Wissel, Phil Dickman, Bing Welch, Larry Parker, Paul Combs and Sarah "Sally" Hutton. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY PRESIDENT ELSTRO ROLL CALL Nine present. APPROVAL OF MINUTES Councilmember Welch moved to accept the minutes of the meeting of May 21, 2001, second by Councilmember Parker and the motion was carried on a voice vote. PRESENTATION OF REMONSTRANCES PETITIONS, MEMORIALS, INTRODUCTIONS MOTIONS AND PUBLIC COMMENTS President Sharp invited two students from Centerville High School to step forward and introduce themselves. They said they were there as representatives of their government class. City Clerk Norma Schroeder read a letter directed to Sam Lahanas, Director of the Sanitary Department and his personnel, written and signed by all nine of the Councilmembers. The letter was one of commendation for the efforts of that department in the recent spring cleanup program throughout the City. COMMUNICATION FROM THE MAYOR On that same note, Mayor Shelley Miller, reading from the 2001 Spring Cleanup Summary Report, said 3,535 residents participated in the event, 867 tons of trash was collected, 13,000 tires and 450 Freon units were collected, 4,800 containers of household hazardous waste was collected, $123,000 in fees were waived at the New Paris Pike Landfill and 95 percent of all of the above was received within 64 hours. (The entire report is on file in the Clerk's office). The Mayor also noted that she had distributed Census 2000 data which included the official population and housing counts as of April 1, 2000 to each of the Councilmembers. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Sharp said the minutes of the meetings of May 10 and 17, 2001, were included in their packets. REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS Councilmember Elstro had a question about the cutting of the weeds and how it was contracted out. He suggested that the Park Department share in that weed cutting which he felt would save the City some money. He said he has had several complaints about the issue. The Mayor said with the rainy season people have had to exercise more patience this year. He said he felt like it was worth looking in to. In the past years, the Mayor said, there has been only one bidder for the weed cutting contract. Councilmember Welch commented that there were several people from Indiana Avenue/North West 5`s Street area in the audience tonight. He said he has been in contact with Daniel Byrd of Mobile Manor who seemed to be the spokesperson for the group who are concerned about the status of the demolition of the greenhouses on Indiana Avenue. Councilmember Welch" introduced Russell Rader, a representative of Hill Floral Products, who he had asked to come to the meeting to explain the issue to the residents. Rader said that contracts had been signed for the demolition and removal of everything on the property and had received a proposal for the asbestos abatement so he anticipated that within a 10- to 12-week period all the work should be completed, leaving nothing but a clean green space in that area. He said the company hired to do the demolition last fall failed to do the work as instructed and was not allowed to finish. Common Council Minutes Cont'd June 4, 2001 Page 2 In speaking for the residents, Byrd said he was concerned about the amount of glass on the property and commented about the yellow construction tape that had at one time been around the property. He said the area is dangerous, especially for the kids who seem to want to play in there. He also alluded to the Beechwood Mobile Home Park on North West 5 h Street, mentioning that it should be reported to the Board of Health. Councilmember Welch said the tape was destroyed through the winter and asked Rader if he would see that the tape was placed around the area once again. Rader answered that he would see that that was done. Jeff Stiner, owner and operator of Mobile Manor, said all of his concerns had nearly been covered by the others who spoke. He said he felt Council should check into the Beechwood area and get something done about it because it doesn't make the City look good. Councilmember Welch said he had spent the past two days in communication with the Mayor, the Law Department and the inspectors. He said from those conversations they think there is a way to bring some pressure to bear on Mr. Barker at the Beechwood Mobile Home Park. He said they are looking within the current statutes to see if something can be done. Also voicing his concerns about both issues was Ron Christopher who said he lives right in the middle of everything that is being discussed here tonight, adding that he has lived on Indiana Avenue since 1963. Assistant City Attorney Steve Rabe said there is no local regulatory authority over mobile home parks and that is completely controlled by the State and the State Board of Health. However, he said, what they have found out is that Indiana law does provide for the City to take some of that control from the State and exercise some control locally. Councilmember Welch expressed his appreciation to those speaking about the issues tonight and assured them that work would continue to be done to resolve some of those problems. President Sharp announced that there would be no Council meeting June 18, adding that the next meeting would be July 2. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinance No. 35 — 2001, on first reading by title only, second by Councilmember Combs and the motion was carried on a voice vote. ORDINANCE NO.35 — 2001 The Clerk read Ordinance No. 35 — 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 Councilmember Wissel explained that this ordinance deals with a request by H.E. Woodruff Corp. for a 10- year tax abatement for new manufacturing equipment with an estimated value of $250,000. He said it would be reviewed by the Tax Abatement Committee and return to Council at its next meeting. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 14 — 2001 The Clerk read Ordinance No. 14 — 2001 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 3150 NATIONAL ROAD WEST, RICHMOND, INDIANA Councilmember Wissel said this ordinance deals with a special use request for a gas station located on the K-mart lot on National Road West. He said the Planning Commission voted 9-0 to recommend approval with the condition that the petitioner add the additional landscaping that was shown on the Plan Department's work drawing. Planning Director Bob Goodwin said the Kmart Express lighting plan shows the light decreasing and down to zero as it gets to the highway, which means the lighting would pose no problem. He also said Salisbury Road on the South side of National Road would be moved to the east to make that intersection one that is straight through. President Sharp declared Ordinance No. 14 — 2001 on public hearing. Speaking in favor of the ordinance was Andy Craig, a representative of Beall Surveying Corp., who said he was present tonight to represent Warm & Design Architects. He said the reason for being here tonight is to ask for the approval of the special usage at the Kmart Express Fueling Station. He said the tract is located in the Southwest corner of that Kmart lot. He said the additional landscaping request by the Planning Commission has been honored by the Warm & Design Co. which has altered their plan to show the additional six trees and 13 bushes that the Planning Department had requested. Common Council Minutes Cont'd June 4, 2001 Page 3 He said the fueling station would be for cars and small trucks only and would be void of any diesel fuel, allowing no large semis. Craig said the site for the station measures 160 feet by 270 feet. Discussion centered on landscaping, traffic patterns and the access to the site. Councilmember Welch asked if the station would have any food items and Craig answered that it would have some convenience items. Councilmember Parker asked about direction areas which would indicate it would be to the benefit of the patron to drive on down and come in between Kmart and head back South rather than try to make a quick left. Craig said there had been nothing like that done, but said if this is something Council would like to see he was sure there wouldn't be any problem to setting up a traffic pattern to do so. Councilmember Parker suggested that traffic should be allowed to exit only at the south edge of the fueling station and it should be so marked. He moved to amend the ordinance to reflect that, with the understanding that signs to that effect should be posted, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Welch said in the drawing it shows a radius coming out of the Kmart driveway and blending into an acceleration lane joining U.S. 40. He asked if that construction plan was to be followed, and it was pointed out that it is already there. Councilmember Welch said that is what he is looking for and he asked Craig if he could assure him if that was the case before the vote is taken. Councilmember Hutton moved to amend the ordinance to include the recommendation of the Planning Commission about the landscaping, second by Councilmember Parker. and the motion was carried on a voice vote. After checking his map, Craig determined that there is an existing acceleration lane there which appears extend about 75 feet. That done, the vote was taken on the motion about the amendment to include the landscaping and was carried on a voice vote. Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Hutton moved to suspend the rules and advance Ordinance No. 14 — 2001 to third and final reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 14 — 2001 on third reading. Ordinance No. 14 — 2001 was adopted on a unanimous roll call vote. AMENDED ORDINANCE NO. 16 — 2001 The Clerk read Amended Ordinance No. 16 — 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 Explaining this ordinance was Councilmember Wissel who said it deals with a request for a 10-year tax abatement for new manufacturing equipment from Amcast Automotive, saying this has been amended quite a bit since it was first introduced to Council. He introduced an amended schedule and explained it in detail. He said the company is going to break down the project into three phases and the amount is to be amended to $648,000 in the first phase. He recommended the request be amended to an 8-year abatement to adjust for the lower life expectancy for some of the equipment and so moved. The motion was seconded by Councilmember Parker and the motion was carried on a voice vote. President Sharp declared the ordinance on public hearing. There being no other comments for the ordinance and none against, Councilmember Dickman moved for engrossment, second by Councilmember Hutton and the motion was carried on an eight to one vote, with Councilmember Combs voting against. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 14 — 2001 to third and final reading and read by title only, second by Councilmember Welch and the motion was held on second reading by an eight to one vote, with Councilmember Combs voting against. 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 Mayor Miller said she is continuing the search for an actuary for this ordinance and Ordinance No. 28. President Sharp said both would be held on second reading. Common Council Minutes Cont'd June 4, 2001 Page 4 ORDINANCE NO. 19 — 2001 The Clerk read Ordinance No. 19 — 2001 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 3401 EAST MAIN, RICHMOND, INDIANA Councilmember Wissel reported that the Planning Commission conducted a public hearing on this ordinance which deals with a petition requesting a rezoning from an R-2 single family residential to an R-2 Planned Unit Development (P.U.D) He said many neighbors expressed concern at the first hearing but following a working session on May 13 which allowed the project to be discussed in depth the petitioners amended their request to include the entire acreage of 23.357 rather than pursuing a six -lot subdivision which they had originally requested. He said the hearing conducted on May 24 reflected the changes discussed at the work session and prompted the Commission to recommend approval on an 8 — 0 vote. President Sharp declared the ordinance on public hearing. Speaking in favor of the ordinance was Brent Fraley, partner in Lebanon Elder Services, owner of the property west of the Walmart store at the south end of 34d` Street. He said they are requesting a P.U.D. overlay to be called Arbor Subdivision which will consist of 27 single family residences and 21 4-unit buildings of ranch style condos with garages. He went into detail about the site which will include landscaping, a pond with fountains, a picnic area, park -like atmosphere for the children and landscaped common areas. Fraley said the site would retain all of its own stormwater runoff in the proposed pond and would also be taking some of the City's existing storm sewer into the pond to help out some of the existing conditions there. He said they are also proposing a sanitary lift station to take their entire sanitary sewer over to 37d' Street so they don't add to the existing sanitary problems at 32°d and 34 streets. Fraley said the entrance and exit of the development would be off of 34d' and E and 32°d Street. Councilmember Hutton moved to amend the ordinance to reflect the changes made to the 23.357 acres, second by Councilmember Parker and the motion was carried on a voice vote. Assistant City Attorney Steve Rabe said he felt the most prudent thing to do in the ordinance would be to adopt the recommendations and requirements of the Plan Commission to make those a part of the ordinance at this stage and that way it is clear for the record and they are included in the ordinance to say that is what Council wanted. Councilmember Welch moved to include the stipulations and agreement of retention of the stormwater in the on -site pond that the P.U.D. would develop and the building of the lift station and the transfer of part of the sanitary sewer discharge from that lift station to South 37'h Street and the Short Creek sewer. The motion was seconded by Councilmember Hutton and was carried on a voice vote. Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 19 — 2001 to third and final reading and read by title only, second by Councilmember Hutton and the motion was carried on a voice vote. The Clerk read Ordinance No. 19 — 2001 on third reading. Comments were made on this ordinance by Councilmembers Welch, Wissel and Hutton about the drainage, sewers and keeping an eye on this second P.U.D in the City as to whether or not it's working. Ordinance No. 19 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 27 — 2001 The Clerk read Ordinance No. 27 — 2001 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 275 FT. WAYNE AVENUE, RICHMOND, INDIANA Councilmember Wissel explained this ordinance, saying that the Planning Commission heard the petition request of a new special use to replace the existing special use. He said the petitioner proposes to enlarge its existing building to allow the use of larger trucks which will haul its debris to landfills in Ohio. He said the vote was 9-0 in favor of the request. Speaking in favor of the ordinance was Attorney Tom Seal, representing Rumpke, who explained that what the company is trying to do is upgrade the existing transfer station. He introduced two representatives of Rumpke to Council and proceeded to give a background on the company. His remarks included some facts about the company, noting that it is a family owned company which began in 1932 in Cincinnati, Ohio. He also noted that the company's Richmond center has been inspected six times within the past year by the Indiana Department of Environmental Management and has a perfect compliance record. Common Council Minutes Cont'd June 4, 2001 Page 5 Seal continued, saying, that Rumpke intends to use local contractors to enlarge the transfer station if Council approves this ordinance, adding that the company has added more than $1 million worth of improvements to the transfer station. He also noted that the local facility brings into the City an annual payroll of approximately $1.8 million and contributes almost $2 million each year to the local community through payroll taxes and assessments. He said it is estimated that these improvements would be completed by February 2002. Comments were made by Councilmembers Lundy and Combs about the ordinance. There being no other comments either for or against the ordinance, Councilmember Hutton moved for engrossment, second by Councilmember Elstro and the motion was carried on a voice vote. Councilmember Hutton moved to suspend the rules and advance Ordinance No. 27 — 2001 to third and final reading and read by title only, second by Councilmember Parker and the motion was not carried because of a dissenting vote by Councihnember Combs making the vote 8-1. President Sharp announced that the ordinance would be held on second reading. 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 President Sharp said it had been announced earlier that this ordinance would be held along with Ordinance No. 18 — 2001. ORDINANCE NO. 31— 2001 The Clerk read Ordinance No. 31 — 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 Councilmember Combs commented that this ordinance needs to be held until more information is received. ORDINANCE NO. 32 — 2001 The Clerk read Ordinance No. 32 — 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 Councilmember Elstro explained that this is a request for a 10-year tax abatement for real estate made by Fleet Trailer Service and Fritz Shoemaker and the estimated value is $250,000. He said the company is located at 901 Progress Drive and repairs trailers and tractors. He recommended approval of the ordinance. President Sharp declared the ordinance on public hearing. There being no further comments on the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 32 — 2001 to third and final reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. The Clerk read Ordinance No. 32 — 2001 on third reading. Ordinance No. 32 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO.33— 2001 The Clerk read Ordinance No. 33— 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 Explaining this ordinance was Councilmember Wissel who said this is a request made by Recycling Center Inc. for 10-year tax abatements for real estate for $165,000 and new manufacturing equipment for $1,864,000. He said the company is estimating 8 new jobs and retention of 80 jobs if this ordinance is adopted. He pointed out that included in the list of equipment is a combination of trailer and trucks that are excluded from Council's authority to abate and that amount totals $304,000 which will have to be removed from the $1,864,000 requested for the abatement of new equipment. He moved to amend the ordinance changing the amount of the new manufacturing equipment to reflect the deletion of the $304,000 making the total $1,560,000, second by Councilmember Elstro and the motion was carried on a voice vote. Common Council Minutes Cont'd June 4, 2001 Page 6 President Sharp announced that the ordinance was on public hearing. There being no comments either for or against the ordinance, Councilmember Dickman 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. 33 — 2001 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. 33 — 2001 on third reading. Ordinance No. 33 — 2001 was adopted on a 7 — 2 roll call vote with Councilmembers Elstro and Lundy casting negative votes. ORDINANCE NO. 34— 2001 The Clerk read Ordinance No. 34— 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 Sharp explained that this ordinance is a request by Premdor Corp. on Industrial Parkway and is a request for 10-year abatements on real estate estimated at $511,000 and new manufacturing equipment estimated at $586,000. He said he visited the company and found that they manufacture outside doors for homes, adding that they manufacture about 2,000 per day. He recommended approval, however, he said that during his visit he learned that since the company filed its request it has decided to double the size of the addition to the building to a 40,000 square foot addition instead of 20,000. Since that is the case, President Sharp said action on this ordinance would have to wait until that correction is made. Therefore, he said, this ordinance would stay on second reading. ORDINANCES ON TBIRD READING There were none. UNFINISHED BUSINESS President Sharp reminded Councilmembers and the audience that there would be no meeting on June 18, which means the next scheduled meeting of Council is July 2. CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 9:55 p.m ATTEST: Norma Schroeder, Clerk Karl Sharp, President