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HomeMy Public PortalAbout03-01-1999 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,MONDAY,MARCH 1,1999 The Common Council of the City of Richmond,Indiana met in regular session at 7:30 p.m.Monday,March 1, 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, $ruce Wissel and Larry Parker. Dennis R. Rice Sr. was absent. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER WISSEL ROLL CALL Eight present. APPROVAL OF MINUTES Councilmember Allen approved the minutes of the February 15, 1999 meeting on a motion, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS A. Charles Bizzaro, representing the Fairview Neighborhood Association, stated that when extensive renovation is made to a property it tends to increase the property assessment which, in turn, increases property taxes. He said this would tend to discourage homeowners from renovating and make them feel as if they were being penalized. He said the updated Comprehensive Plan which Council approved January 4 of this year includes a program of tax credit which would provide an incentive to property owners to continue to improve and renovate their properties. He said a carefully drafted and administered program could be an important instrument in curtailing and preventing further blight in the older neighborhoods,but in order to accomplish the goals of the program work needs to be started now, today. He said the neighborhood associations have met Council and the administration more than half way in its proposed beautification program. Now, he said, he challenges them to put the same energy, time and resources into this that has been put into the other programs which include the gorge, depot and the uptown revitalization.He said the tax credit program is important and would go a long way in helping to revitalize the old neighborhoods. President Welch commented that he had talked with Bizzaro,the Mayor and the Assessor,and stated that there are state statutes on the books that would enable the City to do something in that direction. In his conversation with the Mayor, Chairperson Welch said the Mayor was going to have the City Attorney look at those statutes and determine how the City would actually fit into the program. B. Tim Thistlethwaite,representing the Community Council on Disability Awareness, reminded Council that March is Disability Awareness Month throughout the country, stating that copies of the proclamation made by Mayor Dennis Andrews and buttons were distributed to Councilmembers prior to this meeting.He said the buttons are modeled after the posters from the Governor's Planning Council for People with Disabilities, adding that the posters are available for the asking. He said the local group will mark the special month, with the theme of"We All Chase The Same Dreams," with its annual poster contest with the winning posters on display at the upcoming Home Show. He reminded Council of some of the things the local group had done within the community such as to determine ADA accessibility of several buildings and done surveys of the needs of people with disabilities. He said through its quarterly newsletter, the booth at the Home Show, the Health Safari and the awards banquet it strives to provide education about disability awareness problems and solutions. He alluded to a personal problem he had during the big snowstorm in January, which was being unable to use the van accessible space at the Post Office because of the snow piled in the area.He said this is one of the small obstacles that their group would try to bring attention to. He added, however, that overall we are all fortunate to live in a community where people care about each other and all of us continue to strive to improve quality of life for all citizens in the area. President Welch read the proclamation by the Mayor declaring March as Disability Awareness Month. (The proclamation in its entirety is on file in the Clerk's office). Common Council Minutes Cont'd March 1, 1999 Page 2 COMMUNICATION FROM THE MAYOR There were none. REPORTS FROM CITY DEPARTMENTS REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the meetings of February 4 and 11, 1999,were in the Council packets. REPORTS FROM STANDING COMMITTEES There were none. REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS There were none. MISCELLANEOUS BUSINESS President Welch asked Councilmembers to mark their calendars for Saturday, April 24 which has been designated as "Operation Clean Sweep" day from 10 a.m. to 2 p.m. He reminded them that Council's designated area to clean is North West 5th Street. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 9, 14, 15, 16, 17, 18, 19,21, 22,23 and 24— 1999 on first reading by title only and Ordinance No. 20— 1999 in its entirety, second by Councilmember Parker and the motion was carried on a unanimous voice vote. ORDINANCE NO.9—1999 The Clerk read Ordinance No. 9— 1999—A SPECIAL ORDINANCE AMENDING ORDINANCE NO.40 — 1998 Assistant City Attorney Steve Rabe explained that this is merely a "housekeeping"ordinance correcting an oversight in Ordinance No. 40— 1998 which was a vacation ordinance that vacated a public way that had been platted but never built near Prestwick Square Apartments. He said in general with a vacation ordinance when a public way is vacated title vests in the abutting property owners, with this particular situation there is an additional abutting property owner which abuts a small portion of this that did not desire any of that vacated right of way.What this does is clarifies that all of the land that was vacated vests in MP Realty which is the entity that had donated the land for the public right of way to begin with. This clarifies that so it can be properly recorded at the county building to be added back to the tax roles. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 9 — 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.9—1999 on second reading. President Welch declared Ordinance No. 9 — 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 9 — 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.9— 1999 on third reading. Ordinance No.9—1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Wissel,Parker and Welch(8) Nays:None Absent:Rice Common Council Minutes Cont'd March 1, 1999 Page 3 ORDINANCE NO.14—1999 The Clerk read Ordinance No. 14— 1999—A SPECIAL ODINANCE 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 ordinance deals with a tax abatement request by Nixon Tool Company Inc. and it will be going to the Tax Abatement Committee for review and recommendation. She said it will come back on second reading March 15. ORDINANCE NO.15—1999 The Clerk read Ordinance No. 15— 1999—A SPECIAL ODINANCE 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 ordinance deals with a tax abatement request by Silgan Containers Manufacturing Corp. and will be reviewed by the Tax Abatement Committee and come back on second reading March 15. ORDINANCE NO.16—1999 The Clerk read Ordinance No. 16— 1999—A SPECIAL ODINANCE 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 ordinance deals with a tax abatement request by Asahi Tec America Corp. and will also be reviewed by the Tax Abatement Committee and come back on second reading March 15. ORDINANCE NO.17—1999 The Clerk read Ordinance No. 17—.1999—A SPECIAL ODINANCE 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 ordinance deals with a tax abatement request by The York Group d/b/a Elder Davis Inc. and will be reviewed by the Tax Abatement Committee and come back on second reading March 15. ORDINANCE NO.18—1999 The Clerk read Ordinance No. 18— 1999—A SPECIAL ODINANCE 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 ordinance deals with a tax abatement request by The York Group d/b/a Kenco Manufacturing and will be reviewed by the Tax Abatement Committee and come back on second reading March 15. ORDINANCE NO.19—1999 The Clerk read Ordinance no. 19 — 1999—AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF FUNDING FROM FAMILY SERVICES OF DELAWARE COUNTY,INC. Explaining this ordinance was Todd Knight,community recreation coordinator for the Richmond Parks and Recreation Department.He said he was approached a couple of weeks ago by Family Services of Delaware County Inc. about possibly putting on a program that involved a partnership with a local middle school and a local law enforcement agency.He said this is also the same agency the department has worked with in the past in coordination with its JUKO program.He said he approached Kevin Corder,principal at Test Middle School,and Captain Tom Cox of the DARE program, and finding them interested in the program,filled out the paper work and submitted it. • Knight said Family Services of Delaware County services a 17-county area and there were only four of these grants to give out and the Parks and Recreation Department was chosen as one of the agencies to help put on the program which is called LEEP.He said it stands for Law Enforcement Education Program and is a partnership between the Parks and Recreation Department, the middle school and police department. He said they will sit down with about 30 to 40 students in the 6th, 7th and 8th grades and work on the school's safety and drug enforcement program. Common Council Minutes Cont'd March 1, 1999 Page 4 Knight said with this grant they would be able to receive up to $11,000 reimbursement for the services provided which will include providing a meeting place, pizza parties, T-shirts and other events put on for the students. He said if the program is successful, he feels there is a good chance they will qualify for the grant again next year. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 19 — 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. 19—1999 on second reading. President Welch declared Ordinance No. 19— 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 Wissel moved to suspend the rules and advance Ordinance No. 19— 1999 to third and final reading and read by title only, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 19—1999 on third reading. Ordinance No. 19— 1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Wissel,Parker and Welch(8) Nays:None Absent:Rice ORDINANCE NO.20—1999 The Clerk read Ordinance No. 20— 1999—AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION "WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose;and "WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. "NOW, THEREFORE, be it ordained by the Common Council of the City or Richmond, Indiana, that a donation of One Hundred Dollars ($100.00)made to the Richmond Police Department for a portable breath test unit (account no. 850-85-850-8501-4-4499) by Indiana Farmers Mutual Insurance Company shall be accepted and gratefully acknowledged by the citizens of Richmond." Rabe explained that the Indiana Farmers Mutual Insurance Company has donated $100.00 to the Police Department toward the purchase of a portable breath test unit and this ordinance would allow the City to accept that donation. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 20 — 1999 to second reading and read by title only, second by Councilmember Lundy and the motion was carried on a unanimous voice vote. The Clerk'read Ordinance No.20—1999 on second reading. President Welch declared Ordinance No. 20— 1999 on public hearing. There being no 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 Lundy moved to suspend the rules and advance Ordinance No.20— 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.20—1999 on third reading. Councilmember Wissel said he feels this is not a problem because it deals with a request to receive a donation, but he said he should disclose that this is his employer and perhaps a conflict of interest issue. President Welch said it is up to Council to decide.He said by their silence, Council has decided there is no conflict and he may vote. Ordinance No.20— 1999 was adopted on the following call of the roll: Common Council Minutes Cont'd March 1, 1999 Page 5 Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Wissel,Parker and Welch(8) Nays:None Absent:Rice ORDINANCE NO.21-1999 The Clerk read Ordinance No. 18— 1999—A SPECIAL ODINANCE 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 that this ordinance deals with a tax abatement request by York Metal Stamping Company and will be brought back March 15 after the review committee has acted on it. ORDINANCE NO.22 —1999 The Clerk read Ordinance No. 18— 1999—A SPECIAL ODINANCE 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 that this ordinance deals with a tax abatement request by Spartech Plastics and will come back March 15 after the review committee has acted on it. ORDINANCE NO.23—1999 The Clerk read Ordinance No. 23 — 1999 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE 1925 POLICE PENSION FUND AND THE 1937 FIREFIGHTER PENSION FUND FOR THE CITY OF RICHMOND City Controller Shelley Miller explained that the state increased the benefits to the old pension plans from $6,000 to$9,000,which was effective October 1, 1998.She said no death benefits were paid out during the last quarter. She said both pension boards have approved the additional pay out and this would endorse their increase as required by the state code, adding that both budgets were increased to reflect the increase of the death benefits. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 23 — 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.23—1999 on second reading. President Welch declared Ordinance No. 23— 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 Lundy moved to suspend the rules and advance Ordinance No. 23— 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.23—1999 on third and final reading. Ordinance No.23— 1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Wissel,Parker and Welch(8) Nays:None Absent:Rice ORDINANCE NO.24—1999 The Clerk read Ordinance No. 24— 1999 —A SPECIAL ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE DISTRIBUTIONS FROM THE AUDITOR OF STATE BY ELECTRONIC FUNDS TRANSFER Rabe explained that it is now possible that when funds are received from the state,that rather than the state actually cutting the check and mailing it,they can now transfer funds directly to the city through electronic funds transfer.He said in order to take advantage of that benefit it has to be approved by Council. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 24 — 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.24—1999 on second reading. Common Council Minutes Cont'd March 1, 1999 Page 6 President Welch declared Ordinance No. 24—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. 24— 1999 to third and final reading and read by title only, second by Councilmember Lundy and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.24—1999 on third reading. Ordinance No.24—1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Wissel,Parker and Welch(8) Nays:None Absent:Rice ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO.44—1998 The Clerk read Ordinance No. 44— 1999—A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED WEST OF AND ALONG SALISBURY ROAD IN THE NE1/4 SECTION 3—TOWNSHIP 16—RANGE 14 CENTER TOWNSHIP; AND THE PROPERTY LOCATED SOUTH OF AND ALONG STATE ROAD 38 IN THE SE 'A SECITON 34—TOWNSHIP 17 —RANGE 14—WEBSTER TOWNSHIP(WITHDRAWN) Councilmember Hutton moved to strike Ordinance No.44— 1998,second by Councilmember Dickman and the motion was carried on a unanimous voice vote. ORDINANCE NO.10—1999 • The Clerk read Ordinance No. 10— 1999—A GENERAL ORDINANCE AMENDING CHAPTER 75 OF THE CITY OF RICHMOND CODE Rabe explained that this ordinance was held on second reading to give the public an opportunity to offer suggestions. He said the amendment he is suggesting is the result of that input. He said the amendment deals with the section that addresses what type of vehicles would be permitted on the streets in the event transportation was banned during the snow emergency. The language, he said, which would be added is "snow plowing and removal services, heating maintenance and repair services." The entire sentence then, with that addition, would read: "Critical occupations personnel including employees of governmental entities,utility companies, highway departments, towing and wrecker services, snow plowing and removal services, heating maintenance and repair services, fuel delivery suppliers, news media and hospital or healthcare organizations." Councilmember Dickman moved to add the amendment as stated by Rabe, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. President Welch declared Ordinance No. 10— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Lundy moved for engrossment, second by Councilmember Dickman and the motion was carried on a unanimous voice vote. Councilmember Hutton moved to suspend the rules and advance amended Ordinance No. 10 — 1999 to third 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. 10—1999 on third reading. Ordinance No. 10— 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. 11-1999 The Clerk read Ordinance No. 11 — 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 Common Council Minutes Cont'd March 1, 1999 Page 7 Councilmember Allen explained that Councilmember Rice had met with Robert Pittman, the controller at the Richmond Casting Co. who said their request for a 10-year tax abatement is for$500,000 in real estate and$5 million in equipment. She said the new steel frame building will house the equipment which would allow them to add a second production line which will double their existing capacity, adding that with a two-shift,two-line operation they will eventually add 32 employees. President Welch declared Ordinance No. 11— 1999 on public hearing. There being no comments either for _ or against the ordinance, Councilmember Hutton moved for engrossment, second by Councilmember Dickman and the motion was carried on a unanimous voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 11 — 1999 to third 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. 11— 1999 on third reading. Ordinance No. 11—1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Wissel,Parker and Welch(8) Nays:None Absent:Rice ORDINANCES ON THIRD READING There were none. UNFINISHED BUSINESS President Welch announced that he had received a packet of information from the Wayne County Convention&Tourism Bureau, which he would be happy to share with other Councilmembers upon their request. 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