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HomeMy Public PortalAbout05-01-2000 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,MONDAY,MAY 1,2000 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,May 1, 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 HUTTON ROLL CALL Eight present. APPROVAL OF MINUTES The minutes of the April 3 and 17,2000 meetings were approved on a motion by Councilmember Wissel, second by Councilmember Welch and was carried on a voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS SECOND AMENDED RESOLUTION NO. 4 — 1999 — A RESOLUTION OF RICHMOND COMMON COUNCIL APPROVING THE FISCAL PLAN FOR THE ANNEXATION OF THREE AREAS TO THE CITY OF RICHMOND Giving the background on this resolution, City Attorney Bob Bever explained that this Council had previously approved the fiscal plan on the resolution. Therefore, the only thing up tonight is the public hearing. Bever said that being the case no vote is required. In answer to a question posed by Councilmember Hutton, Bever said that in the fiscal plan it talks about the source of some of the money and that may also be addressed when the ordinance comes up later in the meeting. COMMUNICATION FROM THE MAYOR Mayor Dennis Andrews mentioned again the posting in the lobby on the main floor of the City Building of the items which include asphalt and concrete work, the new Main Street Bridge, the North 12th Street project and the Midwest Industrial Park as well as several others. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Parker said the minutes of the meetings of March 30 and April 13, 2000 were included in their packets. REPORTS FROM DEPARTMENT HEADS City Controller Shelley Miller pointed out that she had distributed to Councilmembers prior to the meeting tonight the annual report required by the State Board of Accounts. She said the first four pages of the report would be published in the next week or so. She explained that this is basically a cash account of all the receipts and disbursements made by the City, adding that a lot of the detail is where it is broken down by revenue type and the expenditures by personal services, supplies, other contract services and capital outlays. She said there is also some information included on the bonds the City has issued as well.She said she welcomed calls from Councilmembers if they had any questions. REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES Councilmember Wissel reported on the meeting of the Tax Abatement Committee, which was held last week. He said in addition to that, they met with a representative body from the Chamber of Commerce to address some of their concerns about where the Committee is going in its evaluation of the abatement procedures.He moved that Ordinances No. 8, 12 and 13—2000 be held on second reading because they are not ready to go forward on those yet, second by Councilmember Elstro and the motion was carried on a voice vote. REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Parker read an invitation to an open house of the Wayne County Emergency 9-1-1 Communications Center at 11 a.m.Wednesday,May 10. Common Council Minutes Cont'd May 1,2000 Page 2 President Parker also read an invitation to the"Blessing of the Depot"on Saturday,May 13 at 1 p.m. which includes a cookout provided by Richmond Hardware. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read by title only Ordinances No. 26, 27 and 28 — _ 2000,second by Councilmember Sharp and the motion was carried on a voice vote. ORDINANCE NO. 26—2000 The 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 would be referred to as the Historic Preservation Ordinance, which establishes guidelines to assist in the ordinance for the preservation. He said there are 14 pages and this would be referred to a Committee of the Whole meeting, which will be announced. Bever volunteered to highlight some of the things mentioned in his cover letter on the ordinance, which Councilmembers received.(That letter in its entirety is on file in the Clerk's office). He said a significant amount of input is anticipated and invited those interested to watch for the announcement of the Committee of the Whole meeting.He also added that perhaps Council would want to refer it to the Plan Commission even after the Committee of the Whole meeting because of the zoning type of issues that are involved.He said the Commission may want to,at least,review it,adding that it wouldn't be mandatory for the Council to do that,but it would be something to consider. ORDINANCE NO.27—2000 The Clerk read Ordinance No. 27 — 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 Explaining this ordinance was Councilmember Wissel who said this is an abatement request for$800,000 and it is for real estate for Overland Development Corp. He said it would be reviewed by the Tax Abatement Committee and brought back at the next Council meeting. 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 Explaining this ordinance was Bever, who said state law has been amended to allow great flexibility on what is referred to as the Planned Unit Development(P.U.D.)He said the primary purpose of the planning and development would be to have an overlap, having the developer or property owner come in and actually create their own zoning laws for a particular area of property. In that case,he said,they would not be bound by the developmental standards or the use requirements that are now currently in the normal residential,commercial and industrial. If Planning Conunission or Council would approve this, he said, it would actually override what would normally be in that particular zoning area. He said it would be an area where there might be a gated community with multiple uses with some businesses, homes and minor industries. He said all this ordinance is,is an enabling ordinance that would add a section to the City code so that if someone wanted to create a P.U.D. zoning in a particular parcel, they would now have it. He added that right now,the City doesn't even have the mechanism in place to do that. He said this also has many pages to it and there has been a committee, spearheaded by Bob Goodwin, the City's Planning Director, who took another community's draft of the P.U.D.ordinance and put this together.He said he would ask that it be thoroughly reviewed by this Council. He added that with this ordinance,there is a second part which is a second section of state statute that talks about just development planned districts which is the opposite of P.U.D. in that it could be the most restrictive.He said this would be an area that you could zone and that would be initiated by Council which would want to approve any plans or specifications before any building was done in that particular area.He said this would be an area where,the City has talked in the past on certain zonings where it would be nice to zone the area but if it is zoned that's all that can be done. In the case of a development planned district,Bever said,it would require someone who wanted to do any building in that area at all,to come to Council with their developmental requests and this body could prove what all of their plans are. This, then, would let the developer know that they couldn't build, couldn't add on and they couldn't do something different with the property until they met the development plan that would be acceptable to the Plan Commission. Common Council Minutes Cont'd May 1,2000 Page 3 Councilmember Welch asked whether or not this planned unit development would be applicable to establish within the 2 1/2-mile fringe. Bever answered that it certainly would be. Councilmember Hutton asked if this ordinance would be referred to the Planning Commission and Bever answered in the affirmative.President Parker said this would also go to the Committee of the Whole. Councilmember Sharp announced that he would set the Committee of the Whole meeting at 7 p.m. Wednesday, May 24, 2000, to cover this particular ordinance and also tax abatement policy discussion. Clerk Schroeder said she would check the calendar of activities for the month of May to make sure Council Chambers would be available at that time. Councilmember Welch asked if it would be advisable to ask members of the Planning Commission to attend that C.O.W. meeting. Goodwin said he thought he would not only contact the committee that had been working on the P.U.D. but also the Planning Commission to let them know they would have the opportunity to speak that night. ORDINANCES ON SECOND READING AND ENGROSSMENT AMENDED ORDINANCE NO.102—1999 The Clerk read Amended Ordinance No. 102— 1999—A SPECIAL ORDINANCE ANNEXING THREE DIFFERENT TERRITORIES CONTIGUOUS TO THE CORPORTATION LIMITS TO THE CITY OF RICHMOND Bever explained that this is the annexation of the three areas that the City of Richmond is interested in annexing primarily because the owners of a substantial portion of those tracts are interested in being annexed.In an effort to refresh the memories of the Council and public,Bever said these three parcels—the first of which is referred to as the Midwest Industrial Park property which contains approximately 195.618 acres immediately west and adjacent to Round Barn Road.He said this would be what is also referred to as the second phase of that Midwest Industrial Park. He said that is currently owned by the state, the most of it, 171 acres,plus some by Dougherty Inc.,Norfolk Southern Railway and a portion of the interstate in this area. He said the second parcel, located between I-70, U.S. 35 and Salisbury Road, contains 153.770 acres, and is currently owned by CDM Associates, Russell Clinton Trust, a portion by Public Service Company of Indiana and Richmond Community Schools.He said the owners out there, also wanting it to be annexed in because of some of the development that was anticipated,approached the City. The third area, he said, is the acreage located adjacent to IU East which is currently owned primarily by Reid Hospital which owns 44.382 acres of the 47;a small portion owned by James and Jenny Willman;and another small portion by Indiana University Foundation.He said that area is already in a service area of RP &L. Bever said the law required that after this had been introduced there had to be a legislative public hearing that would be notified both by newspaper and certified mail. He said the City has sent certified letters all signed and returned from all the affected property owners on all three of the parcels.He said they also have proof of publication. He said annexation now is very stringent on what the city has to be able to show what it can do before annexing the property. He added that under the cost estimates of the financial fiscal plan that Council previously approved under the resolution it shows that in the area of Police protection, it shows that it is anticipated that all three areas could be covered with current personnel with no additional cost there.This is also true with the Fire Department,he said,pending any future development of the area. The sewer facilities, Bever said, have already been made available to the area known as U.S. 35 and the City has sewer service agreements with the owners therein at the total cost of$249,000. He said$156,000 of that was funded through the 1999 Richmond Sanitary Budget and$93,000 was through a grant from the Indiana Department of Transportation. He said it is anticipated that all other owners in the area would be able to tap into that line with little additional cost to either the owner or Richmond Sanitary District. Bever said sewer facilities had already been extended next to the territory known as the Midwest Industrial Park and this extension into the annexed area is $69,000 which includes the extension of the stormwater drain and the funds will be made available through T.I.F.,E.D.I.T. and local street funds.However,he said, a portion of all funds expended within the Midwest Industrial Park may be reimbursed through the development and sale of the lots within that park. He said the sewer service to the territory known as Chester Boulevard would be provided within current budget funds as development occurs in that area. As far as streets, Bever said streets and adequate street lighting are already in existence in the U.S. 35 property and it is unknown what additional streets and street lighting would be in the Midwest Industrial Park but that funding, he said would be coordinated by the Economic Development Corporation, through T.I.F., E.D.I.T. and the local street funds and as with the sewer extension some of those funds could be reimbursed. Common Council Minutes Cont'd May 1,2000 Page 4 Bever said the streets and street lighting within the Chester Boulevard Property again would be as soon as the development occurs within that area. He said it is known as the extension of Industries Road east that will be going into this area, and the estimated cost for that extension is$600,000,one-third of which would be applicable for the road that would be in the City's area. Of that third, he said, there would be an 80 percent grant funding from INDOT and 20 percent from local street funds.It is anticipated the maintenance of all the streets in all three of the areas could be done with current personnel,he said. And finally,he said,the power and the electricity—the power is currently provided to the U.S. 35 property by P.S.I. and RP &L, although RP &L recently reached an agreement with Whitewater Valley REMC to serve the western edge of that property. He said they are waiting for approval from the commission to change the boundaries to include all the area. The cost for RP & L to serve the whole area would be approximately$87,000, which includes a$25,000 assumption fee to Whitewater Valley REMC. Power to the Midwest Industrial Park is currently available and any cost to improve service would be reimbursed by the normal cost of service from new customers who would come into this vacant area now. The Chester Boulevard property,he said,is in the assigned area and it could be added at no additional cost to RP&L. Bever explained that these services are required to be provided within three years of the capital nature, within three years after the effective date of the annexation, and on the others within one year for the routine fire, street and road maintenance. He suggested that it would be prudent at this time to ask for any public input, adding that Barry MacDowell, president of Reid Hospital, could not be here tonight but had sent a letter.In that letter,which Bever read aloud,MacDowell indicated Reid's endorsement and approval of the proposed annexation of the property in the area of Industries Road and Chester Boulevard. (The letter in its entirety is on file in the Clerk's office). Bever said through the last amendment of the ordinance shown that all of the zoning would come in as currently in existence.That means,he said,the property where Reid Hospital is would be coming in as R-2, the U.S. 35, as C-4, and the new Midwest Industrial Park property as M-2. Mayor Andrews explained, in answer to a question by Councilmember Hutton, that the City, as a result of E.D.I.T., gets about $1.2 million,and relinquishes one half of that each year to the County by virtue of the contract with them.Then, he said, they receive half from the other participating communities and their share annually is about $600,000 to $700,000 half of which they retain and the other half of what they have goes to the consolidated fund. He said the total, he believes, is about $2 million before it is divided among the participants. The Mayor also mentioned the cost, using the Phase 2 of the Midwest Industrial Park as an illustration of just a piece of the cost estimating that is made difficult.He pointed out a different strategy on Phase 2 from Phase 1 that dramatically affects cost or the ability to predict it. He said when Phase I of the Northwest. Industrial Park road was designed there was subdividing and creation of parcels and consequently there were multiple smaller parcels. For the area west, which is this area, if you were to extend a road through that section of property in Phase 2 from east to west,he said,it would cost a few hundred thousand dollars. However,he said, one of the differences in one of the interests that EDC gives the City in that property is that there is a larger area of ground that is not subdivided that is available. He said the prospects that they have been dealing with have been interested in 150 or 160 acres. He said that would mean that the City would not be financing or putting a road through there,but would be a part of the site development plan for that site. The Mayor said that as the City looked at that ground's availability several years ago, the City made the decision not to proceed with acquiring property as a City for ground that was not in the City,but could have proceeded to attempt to do that using consolidated E.D.I.T. money. He said that is why the City has not moved to the acquisition stage, but as a policy, didn't feel like the City should move to acquire until the annexation discussions have taken place. Speaking in opposition to the ordinance was Don Eliason, 1594 Eliason Road North in Centerville, who spoke at length on different topics; Jim Willman of 1201 Hartman Lane,who was concerned that he has no access to his property now; and Eugene Cates of Centerville who said he still has some questions about the - annexation west of Round Barn Road and that it might stifle the future of Centerville. Cates asked if the area in the Industrial Park could be developed without the City actually taking ownership of the property through annexation.Bever said as far as the legal standpoint,the City could not do anything to control the development as long as the state owned it.He said the City could rezone it but couldn't try to market it because it is still the state's property through the state hospital.Consequently,that is why the City is exercising its option to purchase it. Mayor Andrews said when the original Phase I part of the Midwest Industrial Park was acquired and originally annexed,the City did not extend the zoning beyond the corporate boundary.He added that there was a conscious decision made by the City at that time which pre-dated his being here and possibly some of the current Councilmembers,not to go into the two-mile fringe. Common Council Minutes Cont'd May 1,2000 Page 5 He said it has been a couple of years ago now that the City looked at the development of Phase II and annexation was a factor and the City representatives met with Centerville Town Council representatives.At that time they asked if they had any objection even to the acquisition or the annexation which would, in effect,bring that into the zoning area of the City, and they did not. He said he feels that speaks to the idea that annexing that area of ground would somehow stifle Centerville when, in fact, the annexation would enable industrial development to occur that would enhance Center Township revenue and enhance Centerville as well as other parts of the county. The Mayor also spoke to the concern about the City's long term plans in relation to extending further to the west. He said he supposed this is much like the step taken several years ago and the steps taken in the City's long range plan doesn't call for the extension further to the west.In fact,he said,if a single prospect acquires those 160-plus acres as one site,there wouldn't even be a road or a public thoroughfare extended through that site. He said that would be a significant determinate for the absence of continued growth in that direction. However, he said, having said that, realistically, assurances made, things stated and laws passed, are all contingent upon the people who are in place, adding that things and people change. He said the City does not have any long-term plan or any short term objective of going further to the west at all. Cates said it is his understanding that the Richmond Sanitary has bid for the Centerville Rest Stop sewer project.Then,he said,if they receive that and the City of Richmond puts in the infrastructure and follows it along I-70 and runs that infrastructure out there to the north all the way along I-70 past the Centerville exit, he said if you follow history, annexation usually follows infrastructure in place. The Mayor said he hoped that the opposite begins to occur because if the City can stop extending infrastructure beyond its boundaries,there are many people who want our infrastructure but don't want to be annexed. Continuing,the Mayor said the City has not extended infrastructure at will, and, in this particular case, the infrastructure that has been mentioned, to the interstate, was in concert with two developments. One, he said,was by the state which expressed interest to a tap-in because the City has been working with the state on the Northwest Park. And, secondly, he said, because of the DMI development which also needed and requested,indirectly,part of this annexation requested infrastructure when the City was able to attract them to that location which is north,as well. Councilmember Welch, alluding to the question Cates asked about developing that area without annexation, said RP &L under our state charter cannot serve that area out there because it is assigned to REMC and PSI. He added that the only way RP &L can go out there and serve the industry that wants to locate in there is if it is requested and RP&L can't do that unless the City annexes the area.He added that that is one of the necessities of annexation. The Mayor said the points Cates raised are valid and good. Actually, he said, the issue in relation to the farmland being swallowed up by urban sprawl is an issue that many people are familiar with and there are valid points in regard to that. He said as the City looks for industrial park space, one of the big areas of. focus in addition to extending and growing, is re-use in the inner city and that will be in the next several years a challenge for the City and the Economic Development Corporation. He said the park that is currently being developed will not last long and there are a number of companies even within the inner city that need to expand. He added that if people still think it's controversial to have companies from overseas look at our space,there is some added challenge also as companies internally in Richmond,Centerville and Hagerstown look at that park and vacate space. Therefore, he said, re-use needs to be looked at carefully and promoted at the same time the new space is extended and created.. There being no further comments either for or against the ordinance, Councilmember Wissel moved for engrossment,second by Councilmember Elstro and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 102 — 1999 to third and final reading and read by title only, second by Councilmember Elstro, but before a vote could be taken, Bever pointed out that this ordinance could not be adopted for 30 days.He said the final action would come at Council's meeting June 5. President Parker said the ordinance would be brought back at that time on third reading. President Parker announced that Ordinances No. 8, 12 and 13—2000 have been set aside and would be held on second reading. ORDINANCE NO. 15—2000 The Clerk read Ordinance No. 15 — 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 Combs, a member of the Tax Abatement Committee, said this is a request by Benchmark Graphics, 165 Industrial Parkway, for a 10-year abatement for$150,000 for the building of a 3,000-square foot steel warehouse addition. Common Council Minutes Cont'd May 1,2000 Page 6 • He said this would allow the company to double the number of truck docks they have available and increase their ability to load and unload their supplies as well as aid in the traffic congestion to Industrial Parkway. 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. 15—2000 to third and final reading,second by Councilmember Combs and the motion was carried on a voice vote. The Clerk read Ordinance No. 15—2000 on third reading. Ordinance No. 15—2000 was adopted on a unanimous roll call. ORDINANCE NO. 25—2000 The Clerk read Ordinance No. 25 — 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 Explaining this ordinance was Councilmember Wissel who said it deals with a request for a 10-year abatement by Ahaus Tool &Engineering Inc. for new manufacturing equipment valued at $660,000. He said the company estimates they would retain 135 jobs and the creation of two new jobs. He recommended approval of the ordinance. 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. 25—2000 to third and final reading and read by title only, second by Councilmember Combs and the motion was carried on a voice vote. The Clerk read Ordinance No.25—2000 on third reading. Ordinance No.25—2000 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. Larry Parker,President ATTEST: Norma Schroeder,Clerk