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HomeMy Public PortalAbout06-07-1999 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,MONDAY,JUNE 7,1999 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, June 7, 1999, in the Council Chambers in said City. President Bing Welch presided with the following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Robert Dickman, Sarah "Sally" Hutton, Geneva "Gene" Allen, Dennis R. Rice Sr., Bruce Wissel and Larry Parker. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER HUTTON ROLL CALL Nine present. APPROVAL OF MINUTES Councilmember Rice moved to approve the minutes of the May 17, 1999 meeting on a motion, second by Councilmember Dickman and the motion was carried on a vote of 8 to 1, with Councilmember Wissel voting against. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS A.PRESENTATION OF THE TREE CITY U.S.A.AWARD John Perry, representing the Indiana Department of Natural Resources, explained that he was here to present the Tree City U.S.A.Award to the City of Richmond.He said this is a national recognition program set up to recognize cities that have taken outstanding steps to plant, maintain and protect the trees in their community. He said it is sponsored locally by the Department of Natural Resources and nationally by the National Arbor Day Foundation. Perry cited the four basic standards this City has met to receive the certification: (a) It has passed a public tree ordinance which was back in 1986 and that has recently been updates and specifies how trees will be planted and protected in the City; (b) The City must spend $2 per capital on the public tree program and this City has far exceeded that, spending nearly$4 per capita on things such as removal of trees considered hazardous, planting 365 trees in the past year, as well as some other projects; (c) The City has to have an Arbor Day program each year, and has done that; and (d) Appointed a tree board to act as a steering committee or a group to actually carry out the program. Reading the names of the members of the Street Tree Commission,Perry said these include Leslie Ducey, Ann Parliament,Bob Wiwi,Roberty Delaney,Bing Welch,Randall Kirk, Stanton Lamber, Joe Price, Carl Collins, Debbie Weber and Ken Hendricks. He added that Richmond is one of 38 tree cities, and this year is special in that the City receives a desk plaque in recognition of it being the 10th consecutive year to receive the Tree City U.S.A.Award. Perry said the bottom line is that this program recognized the City for really caring about the people here, not just the trees.He added that tree planting and tree care are a good investment here in the City because it improves the public welfare and the living standards in the City. He said it also shows that the City cares about the people and their future. President Welch, as the Council's liaison to the Street Tree Commission, accepted the award which included a flag and a certificate signed by Governor Frank O'Bannon. B.OPERATION REACH FOR LIFE Police Chief Bill Shake explained that he is here tonight for two reasons, the first of which is to introduce several people from the Richmond Police Department who were instrumental in the Operation Reach For Life which took place in 1998.He continued, saying that three young people entered water in Richmond in July of last year and two did not make it out.Because of that,he said, several people became involved and donated a large amount of money through the Wayne County Emergency Management Agency and the funds were spent on water safety equipment for firefighters, police officers and medical personnel from Wayne County. Chief Shake explained that he had brought with him tonight Lt. Kris Wolski, Firefighter Phil Schoreder, Fred Griffin and Investigator Mark Connery to explain what was purchased with the donated funds.He said it is on display in the south lot of the City Building and invited Councilmembers to stop by after the meeting to look at it. He said the equipment has already been used twice this year during the downpour in January. Common Council Minutes Cont'd June 7, 1999 Page 2 Griffin, director of the Wayne County Emergency Management Agency, distributed information to Councilmembers identifying three objectives which needed to be met after taking a look from an emergency response standpoint. He said these are (a) To increase the likelihood of the first people on the scene conducting a successful rescue; (b) To provide for the safety of the first responders by providing personal flotation devices which is the first line of defense should they accidentally enter the water; and(c) To enhance the capabilities of the Richmond Water Rescue Team comprised of volunteers from both the fire and police departments. Listing the equipment that Operation Reach For Life has provided, Griffin said it included a 14-foot inflated boat, a 25 h.p. Johnson outboard motor, an outboard motor stand, 1,200 feet of water rescue rope, two water recovery bags, an enclosed 14-foot trailer to haul the equipment and to act as a support vehicle. He said building materials were donated to outfit the interior of the trailer as well as emblems and sponsor signs,the trailer hitch and wiring to make the vehicle complete. He said 259 people from 19 local emergency agencies received the critical water incidence and self-rescur training course developed by Schroeder and Wolski during the 13 class sessions. He also listed the people who made all this possible with their donations. They included the American Legion William O. Frazier Post No. 333 - $225; J.M. Hutton and Co. and Richard Jeffers, in memory of Steven Turner - $10,528; Walmart and Asociates - $25 in memory of Adam Berry; VFW Kirk Little Post No. 1108, $500 to the Richmond Fire Department; Jack and Debra Edelman of the Recycling Center, $4,000; Patricia Fox, $20; Marilyn Ullrich, $10 in memory of Steven Turner; A.D. and Nancy Wright, $100; Rhea Ryan, $100 in memory of Captain Harold Ryan; Whitewater Amateur Radio Club, $71; Centerville Lions Club, $50; Eastern Indiana Chapter of the Indiana Credit Union League, $100; YMI, $150; Earlham College, $250; American Legion Harry Ray Pose No. 65,$500;Reid Hospital and Health Care Services through its social responsibility fund, $3,500; Williamsburg — Greene Township Fire Department, $153; Centerville Fire - Department Auxiliary, $186; Town of Hagerstown, $160; and various emergency service personnel, $20. He said the total comes to$20,651.71 Griffin said other support was provided by Police Chief Shake and Fire Chief Mike Allen to get the project going,Wolski identified equipment needed to be purchased, the Parks and Recreation Department donated the use of the swimming pool, the National Guard Armory donated the use of their facility as a training classroom, the Wayne County Commissioners and Council were supportive and letters of endorsement were written by the Sheriff,Police Chief,Fire Chief which helped with the program.He added that he was pleased to turn the equipment over to Council. Lt. Wolski commented that several donations were made directly by Lowe's and Home Improvement donated large quantities of lumber, Schroeder Plumbing and Electric donated materials as well as Lee Supply to make a rack for the board and a number of local vendors all pitched in with materials. He said they reached into their heart to give what they could. He commended Griffin's ability to organize and his input for an event like this, adding that they were able to train a large number of people in the public safety field in Wayne County who will be better prepared if and when something occurs. He said, in his opinion, the equipment has already paid for itself after being used in Richmond and Centerville in the January downpour. Schroeder expressed his appreciation to the businesses and people who donated money and materials. He said the Richmond Water Rescue did get the majority of the equipment,adding that he hopes it never has to be used again,but, the training has been given and those people will know what to do.He said they would keep up the training and update how to use the equipment. C.REPRESENTATIVE OF VIETNAM VETERANS OF AMERICA President Welch said he had a call from Ronald G. Roscoe who requested permission to speak tonight. Roscoe, who resides at 1131 Ridge Street, said he was speaking on behalf of the Vietnam Veterans of America Local Chapter No. 777. However, his request is that Council pass a resolution to fly the POW- MIA flag from the City Building every day to make the public aware of the POW-MIA issue. He stated that after World War I there were 4,100 men left in Europe; another 75,000 after World War II; a total of 8,188 after Korea; 2,069 after Vietnam. Councilmember Elstro asked President Welch if he could see that the request is granted.President Welch asked Roscoe if the local chapter would see that the flag is furnished and replacements furnished when needed.Roscoe said that would be done.President Welch said he would confer with the Mayor and City Attorney about the request. Councilmember Elstro said there is such a flag in the building.President Welch said he would check that out with the Mayor. COMMUNICATION FROM THE MAYOR There were none. Common Council Minutes Cont'd June 7, 1999 Page 3 REPORTS FROM CITY DEPARTMENTS In bringing Council up to date on the Richmond Police Department, Chief Bill Shake said since he met with Council last year the department has hired one additional officer, Joni Becker, who is now at the academy in Plainfield. He said possibly two more retirements are anticipated yet this year. He said new weapons have been purchased for the officers because Council approved additional money, and they have been distributed and the officers have undergone training. He said 13 new cars were picked up today and each car will have new equipment. Chief Shake said today the department began accepting applications for its hiring list which will become effective January 1, 2000. He said they have visited Indiana State twice, Miami University twice and Vincennes University as well as hiring Recruitment Alliance Network to assist in recruiting minorities.He said they have sent out 500 notices to names they had on file and today they distributed 20 applications. Last year when he talked to Council, he said, they were just beginning the first Citizens Academy and this year they are near the end of their second one with the third to begin in August or September of this year. He said as part of the Citizens Academy they have started a small group of volunteers in policing, with graduates assisting the department in various activities starting out small, working within the building. He said he hopes to use them for other services. Three weeks ago, Chief Shake said, the department received a $300,000 grant from the Department of Justice to be used to buy car computers,with the City putting up a cash match of$100,000 which is already in the works from the Build Indiana funds. He expressed his appreciation to State Representative Dick Bodiker, State Senator Allen Paul, the Council and Mayor Andrews for their support. He said they have also received$50,000 from Build Indiana money to put in car video systems in 11 police cars, adding that those cameras have not been installed as yet because there is a process to go through to receive them.Three officers have been assigned to various neighborhoods,he said, stating they are Bob Retherford in the Starr park site, Jeff Shoemaker on the south side and Pat Tudor with the Joseph Moore Neighborhood Association. At the end of this month, Chief Shake said, the will have a mock assessment of the accreditation process, adding they are almost done with the process of becoming accredited through the Commission for Accreditation of Law Enforcement Agencies. He said the mock assessment will see several people from Anderson and Fort Wayne coming and looking at the completed work product to see if it meets the qualification and requirements. If it does, he said, there will be a final assessment in September and the accreditation would be received in November. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY The minutes of the meeting of May 6, 13 and 20, 1999 were in the Council packets. REPORTS FROM STANDING COMMITTEES There were none. REPORTS FROM SPECIAL COMMITTEES There were none. REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Welch announced that the June 21 Council meeting would be postponed to June 28 which is three weeks from tonight. He said three Councilmembers would be attending the A.P.P.A. conference and one would be on vacation,leaving only five Councilmembers. ORDINANCES ON FIRST READING President Welch announced that Ordinance No. 51 was not in their packets and he would accept a motion to amend the agenda and add the ordinance. Councilmember Elstro so moved, second by Councilmember Parker and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and read Ordinances No. 44,45,46,47,48,49 and 51— 1999 on first reading by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. Common Council Minutes Cont'd June 7, 1999 Page 4 ORDINANCE NO.44—1999 The Clerk read Ordinance No. 44 — 1999 — 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 Allen said this ordinance deals with Hoosier Container and is a tax abatement request for $1,254,000 to build a new building. She said the ordinance needs to be amended because in talking with Erick Barnes of Hoosier Container he asked that a request for$120,000 for new equipment be added to the first request. She said this ordinance would be reviewed by the Tax Abatement Committee and brought back on second reading at the next meeting. She moved to amend the ordinance,second by Councilmember Rice and the motion was carried on a unanimous voice vote. ORDINANCE NO.45—1999 The Clerk read Ordinance No. 45 — 1999 — 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 Allen said this is for the new manufacturing equipment for Elevator Equipment Corp. for $2 million. It would also, she said, go to the committee for review and come back on second reading. President Welch said this not only includes the equipment but another$imillion for the real estate,making the total request for$3 million. .ORDINANCE NO.46—1999 • The Clerk read Ordinance No. 46 — 1999 — 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 Allen said this ordinance deals with a tax abatement request made by Enviro Finishing of Indiana and is a 10 year abatement for$227,000.She said it would also come back on second reading at the next Council meeting. ORDINANCE NO.47—1999 The Clerk read Ordinance No. 47 — 1999 —AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF FUNDING FROM FAMILY SERVICES OF DELAWARE COUNTY,INC. Todd Knight, coordinator for Richmond Parks and Recreation, said this ordinance is the same as last year in regard to money received for a program being put on in conjunction with the JUKO program this summer. He said last year they were able to bring in over $3,400 and this year steps have been taken to hopefully double that figure.Knight said this is a Family Services Delaware County program coming down through a division of Mental Health grant. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 47 — 1999 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.47—1999 on second reading. President Welch declared Ordinance No.47— 1999 on public hearing.There being no comments either for or against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Dickman and the motion was carried on a unanimous voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No.47— 1999 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.47—1999 on third reading. Ordinance No.47— 1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None Common Council Minutes Cont'd June 7, 1999 Page 5 ORDINANCE NO.48—1999 The Clerk read Ordinance No. 48 — 1999 — 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 Allen explained this is a request for a 10-year tax abatement for $100,000 made by Benchmark Graphics Inc.,adding that it would come back on second reading at the next meeting. ORDINANCE NO.49—1999 The Clerk read Ordinance No.49— 1999—A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 300 SOUTH 4TH STREET,RICHMOND,INDIANA Planning Director Bob Goodwin said the site is at 300 South 4th Street and is presently a book and gift store.He said the request is to convert that use to an insurance office, adding that there is off-street parking. President Welch said the ordinance would go to Planning Commission and possibly be back on second reading in July. ORDINANCE NO.51-1999 The Clerk read Ordinance No. 51 — 1999 —AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION Bever said this was addressed with the presentation about the water rescue equipment. Councilmember Hutton moved to suspend the rules and advance Ordinance No. 51 — 1999 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.51 —1999 on second reading. President Welch declared Ordinance No. 51 — 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No.51 — 1999 to third reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.51—1999 on third reading. Ordinance No. 51— 1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO.33—1999 The Clerk read (Amended and Revised) Ordinance No. 33 — 1999 — A GENERAL ORDINANCE AMENDING CHAPTER 154 OF THE CITY CODE REGARDING WELLHEAD/AQUIFER PROTECTION DISTRICT Councilmember Wissel reported that the Richmond Advisory Planning Commission met on Thursday, April 22,and this is to amend Ordinance No. 4, 1994 and going with Ordinance No. 33— 1999. He said the intention of this ordinance is to clean up the language of the former ordinance without making any substantial changes.He said it was discovered during the hearing that the new ordinance had an exhibit that had inadvertently made some substantial changes. The ordinance, he said, was continued on public hearing at the May 27 meeting permitting time for the administration and the aquifer committee and the affected industries to work out he boundaries of the map that accompanied the ordinance. He said the Planning Commission voted unanimously at the May meeting to recommend approval for the amended Ordinance No. 33 — 1999 accompanied by a new Exhibit A showing the new,correct boundaries of the aquifer. Common Council Minutes Cont'd June 7, 1999 Page 6 Bever said the ordinance is now referred to as the Aquifer Protection ordinance rather than the wellhead because the wellhead itself has now been taken care of by state regulations.He said they have tried to make it read more consistent with other zoning districts and have established the conditions and terms for the aquifer committee itself which had been left vague. He said the responsibilities have been clarified for the applicable department of the City including inspections and information sessions.He said they have tried to clarify the relationship between the Committee and Council and then show the exaction location of the aquifer district itself. Following the introduction of that first reading, Bever said, a couple of points had been made at the last Council meeting then followed through to the discussion at the Planning Commission. First and foremost, he was,was the map area. Originally in 1994,he said,the Industrial Parkway had been intentionally left out of the aquifer protection district because it was learned that when that area had been annexed in 1972,there were already similar restrictions that were applicable to those properties along Industrial Parkway. Secondly,he said,the area defined in the 1994 ordinance was to coincide with the new annexation that was occurring in 1994. Consequently, he said, that area was never to be included rather than go into those businesses and trying to create new regulations for them after going through their 1972 annexation and it was determined that was not necessary. Bever said when it was presented to Council in what they thought was non-substantive clean up language it accidentally cross hatched to include that area. He said that was not the intent, so he asked Council to amend the ordinance to show now what he thinks is a very good map that City Engineer Bob Wiwi has done showing the aquifer protection district boundary, not having it confined to a map that was being used for two or three different purposes back in 1994. He said it is the same area now from 1994 except for a very small area north of Roby Lane which the administration and aquifer committee said is not necessary to include anymore because of the location of the aquifer. Bever said there are two other minor points which include changing a capital C to a little c in the paragraph talking about who makes up the committee. He said when they talked about a geology professional to be appointed from the city it was not intended to be an employee of the city which could be inferred by the capital C.He said it simply needs to be a citizen.He said they also made some slight changes regarding the location of the monitoring wells because what was practically going to occur was that there would be a recommendation from USGS to the advisory committee which would then pass that through to the City and have the final approval by the City's board of works.He asked Council to amend the ordinance. Councilmember Hutton moved to amend Ordinance No. 33 — 1999 as recommended by Bever, second by Councilmember Allen and the motion was carried on a unanimous voice vote. President Welch announced that Ordinance No. 33 — 1999 was on public hearing. Councilmember Hutton asked Bever if the part of the wellhead that goes over Hodgin Road into the County is actually protected. Bever answered that it is protected by state regulation. There being no further comments either for or against, Councilmember Dickman moved for engrossment, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. Councilmember Hutton moved to advance amended Ordinance No.33—1999 to third and final reading and read by title only,second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.33— 1999 on third reading. Ordinance No. 33—1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.34—1999 The Clerk read (Amended) Ordinance No. 34 — 1999 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 2301 CHESTER BOULEVARD, RICHMOND, INDIANA Councilmember Wissel, reporting on the Planning Commission meeting, said this ordinance was first introduced in the April meeting and at that time IU East, who neighbors the property, requested a 30-day extension so they could study the proposal and discuss with Avery Swiderick his intentions. He said the Commission met Thursday,May 27,on the petition of Swiderick Advanced Systems which is a request for a rezoning from an R2 Residential District to a C2 Commercial District. He said the property is located at 2301 Chester Boulevard just south of the entrance to IU East on U.S. 27 North. Notices, he said, were delivered to 8 surrounding property owners with three returned to the office in favor and none opposing.He said the Planning Commission voted 9 in favor, with none opposed and 2 absent to recommend approval of an amended ordinance based upon an agreement worked out with IU East and Swiderick. Common Council Minutes Cont'd June 7, 1999 Page 7 Councilmember Wissel said speaking in favor of the ordinance was David Fulton, Chancellor of III East, and Lynn Coyne,representing IU properties.He said Councilmember had an amended map in their packets which show three separate strips of land.He pointed out that the middle section already is zoned C2 so they are dealing with the top section and the lower section, changing them to a C-2 zoning. He said at the far right is an area of 220 feet that is going to remain an R2 zoning and that is primarily to meet the aesthetic concerns of IU East as their driveway is just north of that. He said this would require an amendment to meet those guidelines worked out by Swiderick and IU East. Councilmember Dickman moved to amend the ordinance as reflected on the map, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. President Welch declared Ordinance No. 34—1999 on public hearing. Goodwin said Fulton had been in Council Chambers earlier but could not stay and had asked him to speak on his behalf to say that IU East supports the request. Bever pointed out that because it is a rezoning and not a variance that the Planning Commission could not put conditions on that. He said a petitioner may voluntarily seek and impose his own restrictions in order to get public opinion behind him and that is what was worked out between the petitioner and IU East. He said he received a copy this afternoon of the restrictive covenant that was prepared for the benefit of IU East and singed by Swiderick and on behalf of the property owner that would be recorded. He said this has been done prior to any action taken by this Council. There being no further comments either for or against the ordinance, Councilmember Rice moved for engrossment,second by Councilmember Dickman and the motion was carried on a unanimous voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 39— 1999 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 39—1999 on third reading. Ordinance No. 39— 1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.40—1999 The Clerk read Ordinance No. 40 — 1999 — 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 Bever said he had talked with the petitioner,pointing out that this is a speculative building with no current user nor tenant, and he understand that no action can be taken without that kind of information such as wages and employees. Bever said the petitioner has asked to hold this for two meetings while he is attempting to secure a tenant and Bever said he told him that at that time he can ask for an amendment to the ordinance. He added that if the petitioner has not located a user within that time he could withdraw the petition with the understanding that when he finds a tenant he could send it back with no subsequent filing fee and it could be reintroduced at that time.President Welch said the ordinance would be tabled. ORDINANCE NO.41-1999 The Clerk read Ordinance No.41— 1999—A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED EAST OF CHESTER BOULEVARD,APPROXIMATELY 200 FEET NORTH OF INDIANA UNIVERSITY EAST'S MAIN ENTRY DRIVE,RICHMOND,INDIANA Councilmember Wissel reported that the Planning Commission had met on May 27 to discuss the petition of Indiana University as owner and Meijer Inc. as agent requesting a rezoning from an R2 Residential District to a C2 Commercial District for the property located on Chester Boulevard approximately 200 feet north of IU East's main entrance. He asked Councilmembers to check the map, pointing out the eastern border of the Meijer property had a"dog leg" extending north furthter east and coming in and IU property south of that extends to the west.He said this involves an exchange of land parcels which allows Meijer to have more distance between the rear of its building and the property line.Part of the agreement along with this, Councilmember Wissel said, is that Meijer would have a gasoline station but would move that station further north at the request of IU East,giving more of a buffer to IU East's main entrance area. Common Council Minutes Cont'd June 7, 1999 Page 8 Speaking on behalf of the exchange, he said, were Lynn Coyne of the IU Real Estate office and Roger Bingham of Ivy Tech which shares the campus with IU East. He said notices were delivered to 11 surrounding property owners and no comments were returned to the office and the Planning Commission voted 9 in favor,with two absent and none opposed to recommend approval. Jeff Bond, a senior real estate representative with Meijer and a resident of Grand Rapids,Michigan, stated that he had attended the Planning Commisson meeting May 27 where he presented Meijer's case for the rezoning and entered its arguments into the record. He said he would like to clarify on a larger drawing where this area is to give Council a better idea of what is occurring. He said what is happening is an exchange of areas with the same price. He said that in the discussions Meijer also agreed to move the station and that also benefits IU East because it would enhance the entryway and Meijer is helping out with the fence. It benefits Meijer, he said, because it gives the company "elbow room" on the north side of the building, he said, adding that it may become important in the future if INDOT carries out any plans to change the alignment of Cart Road. Bond said the other benefit is that the gas station is farther away from the entrance of IU East. He said he had worked out a landscape plan with IU East and read into the record an e-mail received from Dave Smith with the university addressed to Meijer's Progressive Architect consultant project manager. In the letter, Smith wrote that he had reviewed and approved the 52 499 landscape plan, noting that it satisfied their concerns of enhancing the natural buffer along the south and east property lines and specified plants from the preferred plant material list. He said he would forward a copy of the plan to Lynn Coyne and Charles Brown at IU East.Bond said Smith is the university landscape architect in Bloomington and works with the university in landscape matters for the university system. Bond said his purpose here tonight is to lobby for Council's favorable review of this ordinance. There being no further comments either for or against the ordinance, Councilmember Dickman moved for engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No.41 — 1999 to third and final reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.41—1999 on third reading. Ordinance No.41— 1999 was adopted on the following call of the roll: President Welch extended a big welcome to Meijer. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO. 42—1999 The Clerk read Ordinance No. 42— 1999—A GENERAL ORDINANCE AMENDING CHAPTER 58 OF THE RICHMOND CODE REGARDING LANDFILL FEES Bever explained that this ordinance was originally out to handle a little different treatment of special waste and to get the landfill fees more in line competitively and fairly to local industrial users. But, he said, an excellent point was raised at the first reading at Council that there has always been a little misunderstanding in the fee schedule in regard to residential residents who are not charged for any residential waste but for construction and demolition materials. He said this revised ordinance has set forth a new section which is numeral II on the second page that clarifies that none of these fees apply to residential residents within the Richmond Sanitary District. He added that they would not be charged any fee for their residential waste except for construction and demolition materials at$18 a ton,again subject to that$4.50 minimum fee. In conjunction with that, Bever said, they have added in Numeral I on the first page that when they previously talked about residence, in general, it is more specifically stated as "commercial, industrial and institutional residents" within Richmond that will be charged those fees. Then, he added, in Numeral III, non-residents, albeit commercial or whatever, if you are a non- resident when you will pay those fees that are applicable to the non-residents.Those,he said,are the changes made since the first reading. Bever also clarified a commend he had made in his letter about tires in answer to a question posed by President Welch. Jackie Makela of the Richmond Sanitary District said they did try to clean up the language in the ordinance and how it dealt with special waste. She said the state mandates apply only to materials that actually cross the scale and are actively disposed of in the active landfill phase. She said tires are not included in the landfill phase but are picked out and disposed of in another location. She added that they actually pay somebody to dispose of the tires. Common Council Minutes Cont'd June 7, 1999 Page 9 Councilmember Dickman addressed the mention under residential rates of one exception which was construction materials and asked if there is a charge for that. Makela answered that there is a charge because it is not a material that would normally be picked up on solid waste residential routes. She said that is an additional item that the residents would take to the Sanitary District and they, in turn, would take it into the landfill and that is why there is a charge. In reference to appliances, Makela said these are addressed in the freon ordinance and that charge for the pickup fee is set by the Board of Sanitary Commissioners Councilmember Hutton moved to amend Ordinance No. 42 — 1999 as presented by Bever, second by Councilmember Lundy and the motion was carried on a unanimous voice vote. President Welch declared Ordinance No.42— 1999 on public hearing. There being no comments either for or against the ordinance,Councilmember Elstro moved for engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. In answer to a question by Councilmember Dickman, Makela explained that this ordinance deals with waste that goes directly into the sanitary landfill and appliances do not, they are recycled. Wheich means it is a solid waste charge but not a landfill charge. Councilmember Rice moved to suspend the rules and advance Ordinance No. 42— 1999 to third and final reading and read by title only,second by Councilmember Allen and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.42—1999 on third reading. Ordinance No.42— 1999 was adopted on the following roll call: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCES ON THIRD READING There were none. UNFINISHED BUSINESS Councilmember Rice offered his congratulations to all of the students who have graduated from high school, especially for Councilmember Dickman for his daughter, Katie, and her exceptional grades and awards. Councilmember Lundy added that she had a granddaughter who graduated yesterday. President Welch said it was an appropriate statement,adding that Council is proud of their accomplishments. CALL FOR ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. Bing Welch,President ATTEST: • Norma Schroeder,Clerk