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HomeMy Public PortalAbout02-26-2001PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, FEBRUARY 26, 2001 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, February 26, 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, Larry Parker, Bing Welch, Paul Combs, Phil Dickman and Sarah "Sally" Hutton. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER WELCH ROLL CALL Nine present. APPROVAL OF MINUTES Minutes of the meeting of February 12, 2001 were approved on a motion by Councilmember Welch, seconded by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Wissel moved to amend the agenda to add Ordinance No. 4 — 2001 to second reading. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS There were none. COMMUNICATION FROM THE MAYOR Mayor Shelley Miller reminded everyone of the State of the City address at 6 p.m. Wednesday, February 28 in the Council Chambers and invited those interested to attend or to watch for it on WCTV. Mayor Miller read a "Release of Information," dated February 26, 2001, in which she referred to the union recognition for the Street Department employees. She referred to her press release of October 23, 2000, in which she stated her belief that third party representation was no necessary and she outlined four steps the administration would take to effectively address employee concerns. She pointed out the accomplishments of the objectives of the Employee Management Partnership Initiative this past year, which included optical and dental coverage, PERF seminar, revised sick day policy and revised City vacation policy. She also pointed out the goals of that group for the year 2001. Despite all of the above, she said, the vote taken at the Street Department regarding union recognition also demonstrated that those employees continue to desire third party representation. Therefore, she said, it was her decision to recognize AFSCME as the third party representative for the Street Department. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Sharp said the minutes of the meeting of February 8, 2001 were included in their packets. REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES Councilmember Wissel commented on the Tax Abatement Committee and the CF3 form which he said. would be confusing to enforce. REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS Councilmember Hutton said she had a question about the positions held by Councilmember Wissel on the Plan Commission and herself on the Enterprise Zone Board, stating that she thought Council had to vote on both of those positions. City Attorney Bob Bever said he had nothing before him that would give him an answer to that question and said he would check into it and have an answer at the next meeting. President Sharp recognized Bob Goodwin, director of Planning, who explained that Ordinance No. 14 — , 2000 is outdated and the property in question, adjacent to Walmart, now has new owners. Councilmember Welch moved to strike Ordinance No. 14 — 2000, second by Councilmember Parker and the motion was carried on a voice vote. Common Council Minutes Cont'd February 26, 2000 Page 2 ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinance No. 5 — 2001 on first reading by title only, second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCE NO.5 — 2001 The Clerk read Ordinance No. 5 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS TO CERTAIN FUNDS Explaining this ordinance was City Controller John Kenny who asked that an additional appropriation of $95,000 be transferred from the current fund balance in the Richmond Airport Aviation Fund for the construction of a new maintenance and storage building. Mayor Miller said the airport fund has been doing well in the past few years and they have begun to establish a very healthy operating balance because they were aware of the needed improvements there. She said this money can only be used for the airport facility and comes from fuel sales and hangar rentals. Councilmember Welch moved to suspend the rules and advance Ordinance No. 5 — 2001 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. 5 — 2001 on second reading. President Sharp declared Ordinance No. 5 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Combs 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 — 2001 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 5 — 2001 on third reading. Ordinance No. 5 — 2001 was adopted on a unanimous roll call vote. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO.75- 2000 The Clerk read Ordinance No. 75 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP BETWEEN 750 AND 950 ON THE WEST SIDE OF SOUTH 23an STREET, RICHMOND, INDIANA President Sharp said the public hearing has been held on this ordinance but was brought back on second reading for any comments from Councilmembers. Councilmember Hutton said there had been many changes on this, and that was good, but wanted to know if there are any other openings in the fence. Attorney George Sowers stated that there would be two driveways and an entrance in the fence on the southern boundary that divides the property between the existing Country Club apartments and the new apartment complex and that would be for service only, not for residents. Sowers said that in an emergency the residents could use it. She also asked about the house on 23rd Street and its status. Sowers said that had not been purchased yet, but there has been ongoing dialogue, but no agreement has been reached. She said several of the neighbors in the area have complained about the sewers, but what is being done about those sewers and also, the sewers flooding in the south end and what the project is going to do to their flooding problems. Goodwin said he had. questions about that, also, and had talked with City Engineer Bob Wiwi regarding the sanitary sewer to the south. He said it does flood and the impact of this development would be virtually nil on what is currently doing on there now. He said the sanitary sewer is actually flooded by stormwater and that infiltrates at points south of the location of this project. He said this was not going to make it any better, but not going to make it any worse. Since that discussion, he said, there was a question by someone who lives on J Street which is upstream of this project and he said he does not understand what effect this could possibly have on that upstream facility. Mayor Miller said the entire system is being closely reviewed in the Master Plan and they would be doing initial findings later in the spring to see how extensive the problems are, followed up by recommendations as to how these can be addressed. 1 Common Council Minutes Cont'd February 26, 2001 Page 3 Councilmember Dickman presented a proposed amendment prompted, he said, by concerns that people have had over the possibility of the apartments being built first and nothing else being built afterwards. His proposal is that the developers would construct at least 20 percent of the private residence units before beginning construction of the apartments, second by Councilmember Parker. Councilmember Welch asked if it would be possible to change that from percentage to the number 9. It was agreed that it would be easier to figure if it was a specific number. Bever said the ordinance has attached to it the concept plan and the general P.U.D. ordinance also allows Council to add other general requirements. He said it looked like what they were doing was making the amendment another condition of the concept plan, which is attached to the ordinance. What Council is doing right now, he said, is adding this condition on the nine residential units to be completed before the apartment building construction starts. Councilmember Dickman then said his proposal is to add that to the nine stipulations in the letter presented by Bob Goodwin, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Welch moved for engrossment, second by Councilmember Combs and the motion was carried on a voice vote. Councilmember Welch made a motion to move Amended Ordinance No. 75 — 2000 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. ' Councilmember Combs said the lone house has been a concern for him, as it had been for Councilmember Hutton, and he said he hoped the land developer have a sincere negotiation with the owner. He said he felt the Planning Commission did a good job on having some stipulations added to this. However, he said, he feels Council needs to be cautious so as not to tie the hands of the developers and businesses to where we take away their creativity and their ability to adapt. Councilmember Welch also commented that this particular concept is the first of its kind offered in this City, adding that this being the first multiple use land under P.U.D. for the City possibly stirs curiosity, some skepticism and some doubts. However, he said, he feels this offers the City a real plus in land development and land use. He commended the petitioners for following through on this project and being innovators trying something new within this area. The Clerk read Amended Ordinance No. 75 — 2000 on third reading. Ordinance No. 75 — 2000 was adopted on a roll call vote with yes votes by Councilmembers Dickman, Welch, Combs, Parker and Sharp and nay votes by Councilmembers Elstro, Lundy, Wissel and Hutton. Councilmember Elstro said he got several calls from both sides, with a lot of the calls coming from real estate people. He said he agreed the City needs condos and single family dwellings but he is against apartments and is also concerned about the sewer system. Ordinance No. 4 — 2001 was added to the agenda by a unanimous voice vote. ORDINANCE NO.4 — 2001 The Clerk read Ordinance No. 4 — 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 is a request for a 10-year tax abatement made by Color Box LLC and is for new manufacturing equipment in the amount of $5,418,000 currently, but there is a request to amend that. He said they estimate that there will be 30 new jobs with a retention of 226. He said this company manufactures laminated, corrugated boxes used in the packaging industry and inserts. He said the reason for this request is because of a large three-year contract they had just received which means increased production of the same kind of material. He pointed out the used equipment, adding that they would be purchasing an additional die cutter estimated at $1 million in value. He pointed out that this company does donate 10 percent of their abatements to the City's sidewalk and redevelopment fund. He recommended approval and proposed to amend the ordinance to read $6,418,000, second by Councilmember Dickman and the motion was carried on a voice vote. President Sharp announced that this ordinance was on public hearing. Speaking on behalf of the ordinance was the operations manager of Color Box LLC. There being no further comments for the ordinance and none against, 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. 4 — 2001 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. Common Council Minutes Cont'd February 26, 2001 Page 4 The Clerk read Ordinance No. 4 — 2001 on third reading. Ordinance No. 4 — 2001 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 8:20 p.m. ATTEST: Norma Schroeder, Clerk Karl Sharp, President 1 I