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