HomeMy Public PortalAbout07-10-2000 PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND,INDIANA,MONDAY,JULY 10,2000
The Common Council of the City of Richmond,Indiana met in regular session at 7:30 p.m.Monday,July 10,2000,
in the Council Chambers in said City.President Larry Parker presided with the following Councilmembers present:
Howard"Jack"Elstro,Bruce Wissel,Karl Sharp,Bing Welch,Paul Combs,Phil Dickman and Sarah"Sally"
Hutton.Etta Lundy was absent.The following business was conducted:
PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILMEMBER PARKER
ROLL CALL
Eight present.
APPROVAL OF MINUTES
The minutes of the June 19, 2000 meetings were approved on a motion by Councilmember Wissel, second by
Councilmember Sharp and was carried on a voice vote.
PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS
AND PUBLIC COMMENTS
COMMUNICATION FROM THE MAYOR
Mayor Dennis Andrews spoke on the Historic Preservation Ordinance,thanking the committee that worked from the
Community Partnerships office in relation to the ordinance. He said Richmond is probably one of the few second
class cities in the state that doesn't have some kind of an ordinance which speaks to historic preservation. He said
his hope is that the discussion and the work that has been done on this ordinance to date will enable passage of a
measure which has the balance necessary to protect historic architecture in those neighborhoods where the property
owners choose to do so and yet also still provide some reasonable balance with property rights and individual
property owners.
He said there were many different points of view and discussion before this made it in the form of an ordinance and
there were a fair number of compromises. He added that whenever an ordinance or bill is compromised,sometimes
people can walk away from the process and think that they would have liked to have seen it worded a little
differently.He said the amendments pertain to things,issues that were discussed at length, and were not in the final
draft that went to ordinance form but they were debated and discussed by the committee.
The first amendment,he brought to Council's attention,was by Councilmember Wissel which calls for a majority of
property owners in the affected area to be required to be in favor of the measure before it would ever be moved
forward.
A second amendment, he said, which will be presented to later, looks to use the conservation district as a path for
any area prior to becoming an historic district,adding that he believes there is a time period of three years to protect
historic properties and have that language without regulation and without restriction for that period of time before it
could become an historic district or it could continue as a conservation district.
The Mayor said the significance of that is there is a presumption and a hope that during that three-year period there
would be additional communication and education, adding that one of the roles of the commission that would be
created under this ordinance would be educational. The third amendment, also introduced, he said, allows people
who are not in favor to opt out. He said the administration's position on that, he said, would be fairly stated to say
that if that is needed to achieve a majority on Council, he could live with that. However, he said, it is not his
preference because he feels it would be potentially cumbersome,but he understands the philosophy behind that.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
President Parker said the minutes of the meetings of June 8, 15,and 22,2000 were included in their packets.
REPORTS FROM DEPARTMENT HEADS
REPORTS FROM STANDING COMMITTEES
REPORTS FROM SPECIAL COMMITTEES
Common Council Minutes Cont'd
July 10,2000
Page 2
REPORTS FROM ORGANIZATIONS
Councilmember Sharp reported that he had attended the July meeting of the Economic Development Corp. and it
was announced at that time that Cycenger Corp., which is a sister corporation of Vandor, has just announced they
will expand here in Richmond as opposed to Rochester, Mich. Reading from a letter presented at the meeting,
Councilmember Sharp noted that the EDC's help in providing an attractive site at low cost and the maximum in tax
abatements would tip the scales in Richmond's direction. He said the company plans to build production facility of
approximately 30,000 square feet with plenty of room for expansion.
He said in the end the location would be expected to produce$40 to $60 million in revenue, have assets of$30 to
$50 million, and employ 100 to 150 people with many of the jobs being high paying skilled positions. He said this
would go in Site No.7 in the new Industrial Park.
Mayor Andrews commented that EDC's director Jim Hizer deserves a "thank you," for his efforts in securing this
company's location within that park.
MISCELLANEOUS BUSINESS
ORDINANCES ON FIRST READING
Councilmember Elstro moved to suspend the rules and read by title only Ordinances No. 42 and 45—2000, second
by Councilmember Welch and the motion was carried on a voice vote.
ORDINANCE NO. 42-2000
The Deputy Clerk read Ordinance No.42—2000—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 for a 10-year tax abatement on new
manufacturing equipment for B &F Plastics. He said they estimate there will be six new jobs and retain 64 and the
estimated value is $234,000. He said the ordinance would go before the Tax Abatement Committee and hopefully
would be brought back to Council at its next meeting.
ORDINANCE NO. 45—2000
The Deputy Clerk read Ordinance No. 45 —2000—A GENERAL ORDINANCE AMENDING CHAPTER 33.04
OF THE CITY CODE REGARDING EMPLOYEE COLLECTIVE BARGAINING AND THE PROCEDURE
ASSOCIATED THEREWITH
President Parker explained that this is the ordinance on collective bargaining, stating that Debbie Garcia had asked
to be placed on the agenda but it had inadvertently been left off. Addressing the Mayor,he said Council could have
comments from both the Mayor and Garcia tonight or wait until second reading at the next Council meeting. The
Mayor suggested that Garcia be allowed to speak tonight and next week as well,under public hearing,and he would
speak next week on the issue and the ordinance.
Garcia said she had a lot of questions about the ordinance and proceeded to voice her concerns, which included the
absence of any kind of,input from labor, employees and other groups. Also,she said she had not received a copy of
the ordinance nor have the two employees involved in litigation. She said there was so much wrong with this
ordinance she did not know where to start,elaborating on those points.
After Garcia's comments, Councilmember Hutton read from a letter written by Councilmember Lundy who was
unable to attend the Council meeting tonight. In her letter,Councilmember Lundy stated that she respected the right
of workers who do not want to join a union and also feels that the same respect should be given to workers that want
to join a union. She also commented that if this administration feels that the ordinance should be changed then she
feels it should follow its original decision and make the change and not ask the Council to do it. She added that if
Council has to make the decision she respectfully requests that this ordinance be placed in the Committee of the
Whole to allow for more public input.
ORDINANCES ON SECOND READING AND ENGROSSMENT
ORDINANCE NO.8—2000
The Deputy Clerk read Ordinance No. 8—2000—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 Spartech Plastics is still working on revising the request, adding that there is
no action to be taken tonight by Council on this ordinance.
Common Council Minutes Cont'd
July 10,2000
Page 3
ORDINANCE NO.12—2000
The Deputy Clerk read Ordinance No. 12—2000—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 Parker recognized Councilmember Elstro who said it should be held. President Parker asked whether or
not the committee had a feeling as to how long this should be allowed to stay on the agenda.Councilmember Wissel
said the Committee did not have a procedure established for that, so he would assume it would be free to make the
guidelines. However, he said, if that be the case he feels the interested corporations should be notified and given
some kind of timetable. President Parker said he feels that should be up to the Committee to discuss and make a
decision so that these ordinances are not allowed to stay on the agenda for such long periods of time.He pointed out
that Ordinance No. 8 had been on the agenda since January and this one since March and he feels something should
be done to keep these ordinances from backing up on the agenda.
ORDINANCE NO.13—2000
The Deputy Clerk read Ordinance No. 13—2000—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 asked that this ordinance also be held.
ORDINANCE NO.26 —2000
The Deputy Clerk read Ordinance No.26—2000—A GENERAL ORDINANCE ADDING A NEW CHAPTER 158
TO THE CITY OF RICHMOND CODE
President Parker said this ordinance is the one known as "The Historical Preservation Ordinance," stated that there
are three proposed amendments which,he said,he would like to see presented.
Councilmember Welch read his amendment aloud: "Notwithstanding anything to the contrary within this Chapter,
before Common Council may adopt any ordinance establishing an Historic District, the area must first have been
established as a Conservation District for at least three years. At the end of the three-year period, the Commission
may review the area and recommend elevating the District to an Historic District status(which will require the same
notice and approval set forth within Section 158.05 (d)); continuing the status of a Conservation District; or
removing all relevant status herein. Once established, a Conservation District or Historic District shall continue
unless removed by ordinance."He elaborated on his reasons for introducing the amendment.
After much discussion President Parker asked for a second of the amendment presented by Councilmember Welch
and that was received from Councilmember Wissel.The motion was carried on a voice vote.
Councilmember Wissel read his amendment aloud: "Before Common Council may adopt any ordinance establishing
an Historic District or a Conservation District, all owners of property within the proposed district must be notified
by Certified mail,return receipt requested, at least thirty days before any public hearing is held with respect to such
ordinance.For purposes of this subsection, only owners of record in the Office of the Wayne County Auditor need
be notified at their addresses of record according to said office.
"In addition, at least fifty percent of the parcel owners (based upon individual number of parcels and not size of
parcels) in a proposed Historic District or Conservation District must agree to the designation of being in such a
District which agreement must be evidenced by a written petition signed by such owners prior to submission to
Council such petition may be one and the same as a petition filed by residents to establish an Historic District or
Conservation District."
City Attorney Bob Bever commented that he had caught something in this amendment after it was typed and that
was that it does not have a title on it. Therefore,he said,the new one shows the title to that subsection"Notice and
Approval of Owners." After a brief discussion between Councilmember Welch and Councilmember Wissel, the
latter responded that he feels there should be some self-determination by the neighborhood.
President Parker asked for a second to the motion and it was received from Councilmember Sharp. The motion was
carried on a roll call vote of 5 to 3,with Councilmembers Elstro,Combs and Hutton voting"No."
Councilmember Wissel explained that the copy of his next proposed amendment that Councilmembers had received
in their packets has been amended after discussion with legal counsel and the Mayor. He pointed out that it deals
with Section 158.14,reading aloud:
Common Council Minutes Cont'd
July 10,2000
Page 4
"This chapter shall be immediately applicable to all property within any designated Historic or Conservation District
for which the owner has signed the original Petition requesting such District designation. It shall apply to all other
property within a District upon the first transfer of ownership in such property by deed,contract,or inheritance,after
the adoption of the ordinance establishing the applicable District,or twenty(20) years from the date of adoption for
such ordinance,which ever event shall first occur."He elaborated on the reasons for the amendment.
Councilmember Welch commented that he had some problems with the 20-year stipulation, saying that he would
like to make it 10 years instead of 20. After comments by Councilmembers Sharp and Hutton, President Parker
directed the question to Councilmember Wissel as to whether or not he wanted his amendment to read 10 or 20
years,and Councilmember Wissel responded that he would rather leave it at 20 years.
Councilmember Dickman seconded the amendment which was adopted on a roll call vote of 5 to 3 with
Councilmembers Elstro,Welch and Hutton voting against.
Councilmember Dickman, bringing attention to the statement under Interim Protection No. 105 under C, said he
questioned the amount of time allowed under interim protection where it states 180 days, then the Commission
could extend it another 180 days. He said he feels that is too long, stating that it could be drawn out. He suggested
that the amount of time be reduced to 90 days, then it could be extended another 90 days. He said he feels that six
months seems like a fair amount of time to find a suitable alternative. Councilmember Elstro seconded the motion
made by Councilmember Dickman and the motion was carried on a 7 to 1 vote,with Councilmember Hutton voting
against.
President Parker declared Ordinance No.26—2000 on public hearing.
Speaking in favor of the ordinance,as amended, was Scott Zimmerman,District Director of the eastern office of the
Historic Landmark Foundation of Indiana; Charlie Ball, President of Preserve Richmond and as a member of the
Mayor's committee which helped to work on the ordinance;Bob Seitz, 215 North 14th Street in the Starr Historical
District, speaking also for his wife, Kelli, encouraged Council to vote in favor of the proposed ordinance without
amendment and submitted some suggestions "to augment and enhance" the ordinance; Curtis Duvall, a resident of
the Horatio Land House at 114 North 13th Street in the Starr Neighborhood, also a member of the Planning
Commission, spoke in support but voiced some concerns; Janice Strain, owner of property in the Starr Historic
District and an absentee landlord; and Hazel Cox,property owner in the Starr Neighborhood, who is concerned that
the ordinance"requires nothing,"saying that she feels what is needed is code enforcement.
Expressing her concerns as director of Main Street Inc. was Renee Oldham who stated that, philosophically, the
Main Street Board does not believe in any historic ordinance but does believe in historic preservation. It has a
historic fund that has been successful in providing technical assistance to businesses to make changes to their
property and have had about 30 projects within the past 10 years representing $13 million worth of improvements.
Basically,she said,the Board believes that all property owners have a right and Council has addressed that tonight.
Councilmember Combs commented that he had had calls and contacts against this ordinance 3 to 1. He said he has
been impressed with the people who have come out in support of this ordinance tonight. However, he said, he is
concerned there is not a specific amount of money set aside for property owners to use in repairs. He cited that
concern as the reason he will not vote in support of the ordinance, adding that in the absence of such money being
made available on very low interest loans.
Councilmember Wissel moved for engrossment, second by Councilmember Welch and the motion was carried on a
voice vote.
Councilmember Wissel moved to suspend the rules and advance amended Ordinance No.26—2000 to third and final
reading and read by title only,second by Councilmember Sharp and the motion was carried on a voice vote.
The Deputy Clerk read amended Ordinance No.26—2000 on third and final reading.
Ordinance No.26—2000 was adopted by a 7-1 vote with Councilmember Combs voting against.
ORDINANCE NO.28—2000
The Clerk read Ordinance No. 28—2000—A GENERAL ORDINANCE AMENDING SECTION 154.45 TO THE
CITY OF RICHMOND CODE REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS
President Parker said this ordinance is not ready for public hearing reading and would be held on second reading.
Common Council Minutes Cont'd
July 10,2000
Page 5
ORDINANCE NO.35—2000
The Deputy Clerk read Ordinance No. 35—2000—A SPECIAL ORDINANCE AMENDING THE ZONING MAP
AT THE SOUTHEAST CORNER OF INDUSTRIES ROAD (EXTENDED) AND CHESTER BOULEVARD,
RICHMOND,INDIANA
Councilmember Welch announced that he was responsible for holding the ordinance on first reading until sufficient
answers had been developed by Gordon Moore and Kramer & Associates with the petitioning party and that has
occurred. With that explanation, President Parker announced that this ordinance would go to the Planning
Commission.
ORDINANCE NO.36—2000
The Deputy Clerk read Ordinance No. 36—2000—A SPECIAL ORDINANCE AMENDING THE ZONING MAP
AT 3767 NATIONAL ROAD EAST,RICHMOND,INDIANA
Speaking in favor of the ordinance was Gordon Moore with Kramer&Associates, stating that he was accompanied
by several people who were prepared to answer any questions Councilmembers might have.He said they are asking
final approval on the tract to be developed as a service station. He said this is located on the old K-mart site now
owned by H.Libby west of Texas Roadhouse and the tract contains.781 acres.
Moore said it will have a new 1,800 square foot building with 8 fuel pumps for cars and there will be six new
parking spaces added to the northwest corner of the tract as well as a sign to be placed next to the last parking space.
Access,he said, would be off of U.S. 40 East Main Street. If this site is approved, he said, the owner stated at the
Planning Commission that he would petition the state to put a stop light back at the same location it was several
years ago.That location would be between Texas Roadhouse and this facility.
Moore said the Planning Commission approved this under two conditions. One of those, he said, was that the
lighting plan be submitted and approved by the Planning Director and that has been done, and also that the
landscaping be in compliance with the ordinance.
Councilmember Welch had some questions about the surface water runoff from the area and Moore explained that
this water would go to the north,then through storm sewers go into the ditch in between the Kessler's property and
the driveway and that ditch would carry it to the south and that would go into the retention basin. Councilmember
Welch said his concern was for the environment because that ditch drains across an aquifer south of the K-mart
property. He said most proposed developments like this have some kind of containment where it is metered out.
Moore responded by saying that the amount of spillage is almost too small to detect and no such facility like this has
such a containment facility.
Jeremy Reynolds,representing Reynolds Service Tech,said the tank area cannot be filled over a 90 percent capacity
under state law. He said at no time can that tanker overfill the tank from dropping the fuel. He said the truck is
required to stay with the tanks as they fill the tanks.
Planning Director Bob Goodwin said that if a catastrophic accident should occur,the 8000 gallons would go back to
an impound area to the rear where it is metered out and there would be an opportunity to collect it at that point.He
explained some of the safety features at the pumps.
There being no further comments in support of the ordinance and no against, Councilmember Elstro 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 the ordinance to third and final reading and read by
title only,second by Councilmember Elstro and the motion was carried on a voice vote.
The Deputy Clerk read Ordinance No.36—2000 on third and final reading.
Councilmember Welch commended the petitioner on his planned efforts to get the traffic signal replaced by the
state,adding that he would support the ordinance.
Ordinance No.36—2000 was adopted on a unanimous roll call vote.
ORDINANCES ON THIRD READING
There were none.
UNFINISHED BUSINESS
Common Council Minutes Cont'd
July 10,2000
Page 6
CALL FOR ADJOURNMENT
There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
Larry Parker,President
ATTEST:
Myra Miller,Deputy Clerk