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HomeMy Public PortalAbout02-15-1999 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,MONDAY,FEBRUARY 15,1999 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, February 15, 1999, in the Council Chambers in said City. President Bing Welch presided with the following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Sarah "Sally" Hutton, Geneva "Gene" Allen, Bruce Wissel and Larry Parker. Robert Dickman and Dennis R. Rice Sr. were absent. The following business was conducted: PLEDGE OF ALLEGIANCE PRESIDENT WELCH ASKED FOR A MOMENT OF SILENT PRAYER ROLL CALL Seven present. APPROVAL OF MINUTES Councilmember Wissel approved the minutes of the February 1, 1999 meeting on a motion, second by Councilmember Parker and the motion was carried on a unanimous voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS There were none. COMMUNICATION FROM THE MAYOR There were none. REPORTS FROM CITY DEPARTMENTS REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the meetings of January 21 and 28, 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 announced Council had several appointments to make tonight. He placed in nomination the name of John Rusie who is currently serving on the Redevelopment Commission and is willing to serve another two-year term, second by Councilmember Parker and the motion was carried on a unanimous roll call vote. President Welch said Bob Hunter who is now serving on the Human Rights Commission is willing to serve again, and he placed his name in nomination for another two-year term, second by Councilmember Lundy and the motion was carried on a unanimous roll call vote. Councilmember Wissel nominated Neil Sabine for a two-year term on the Street Tree Commission, second by Councilmember Hutton and the motion was carried on a unanimous roll call vote.President Welch said Leslie Ducey, who is currently the chairperson of the Street Tree Commission had said she would accept the nomination as a member of the Human Rights Commission. He placed her name in nomination, second by Councilmember Hutton and the motion was carried on a unanimous voice vote.President Welch said it is also a two-year term. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 6, 10, 11, 12 and 13— 1999 on first reading by title only, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Common Council Minutes Cont'd February 15, 1999 Page 2 ORDINANCE NO. 6—1999 The Clerk read Ordinance No. 6— 1999— A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 222 SOUTHWEST 18 STREET,RICHMOND,INDIANA Councilmember Parker commented on a letter received from the attorney representing TKC Properties asking that the rezoning petition be amended as a special use in R-2 as opposed to the designated C-2 commercial. He moved to amend the ordinance per the request, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Since he represents the Sixth District in which the property is located, Councilmember Parker said he has been made aware of some of the problems and concerns residents have regarding the CVS Pharmacy and the Burger King restaurant. He said their concerns include increased traffic, not as much parking as originally intended,bright lights and a vacuum cleaner truck cleaning the parking lot between 11 p.m. and 4 a.m.He added that this Council was unaware when the property was zoned about 6 to 8 years ago to a C- 2 that there would be a Burger King there. He said if this amended ordinance is passed, there are some other recommendations he wants included. He said the lot must be paved prior to using it as a parking lot, lighting is to be approved prior to installation and subject to review and the landscape plan for the screening must be approved and in place prior to it being used as a parking lot. City Attorney Bob Bever said he felt it was more prudent to wait on those recommendations until the Plan Commission hearing and they could include them. Also, he said, if after that hearing Councilmember Parker finds that the ordinance is not to his satisfaction when it comes back to Council he can add what he wants at that time. Councilmember Wissel said that as Council's representative to the Plan Commission he would be happy to convey the wishes of Councilmember Parker. Bever pointed out that this is a special type of special use for parking when it is abutting a business already in a different district to allow parking in this R district.He cited the City code that sets forth some inherent conditions when doing this type of special use for parking and it invites any other conditions that the Council deems necessary to ever approve this special use. Parker said residents in this area have a petition requesting some of these suggestions he made and some of their own they are gong to present to the Plan Commission during its hearing.President Welch said he had talked with some of the residents here to address this issue prior to the meeting tonight,and had pointed out there would be no public hearing tonight. He said he had invited them to attend the Plan Commission meeting and voice their concerns and present their petitions, then come to Council's March 1 meeting and express their views and modify any comments they might have after the Plan Commission meets.He added that Council would be willing to listen and attach special use conditions as they might be needed. Bever commented that in checking his records he had found that those appointments Council had made to the Human Rights Commission tonight are four-year terms instead of two. President Welch said he stood corrected. ORDINANCE NO. 10—1999 The Clerk read Ordinance No. 10— 1999—A GENERAL ORDINANCE AMENDING CHAPTER 75 OF THE CITY OF RICHMOND CODE Assistant City Attorney Steve Rabe explained this ordinance was patterned after the Wayne County's ordinance and uses the same terminology that the ordinance does so it is consistent with the County. He explained that during snow emergencies, communities will issue different levels of warnings. He said the County's ordinance contains a "transportation warning," which is warning motorists of dangerous conditions on the roads.It also has two forms of transportation emergencies, which include permitting only essential travel and prohibiting all travel except emergency vehicles.Rabe said this ordinance is spelled out that those two transportation emergencies can only be declared by the Mayor. However, the transportation warnings can be given by either the Wayne County emergency director, the street division or the police department,adding that the warnings do not prohibit nor limit travel. President Welch asked whether the snow emergency routes that had been designated in the late 1970s had been updated since several streets had been added and two-way streets changed to one-way streets. Rabe said he wasn't sure but felt that if it hasn't been updated it should be. Rabe also commented that this ordinance also brings the specific fines into that chapter,stating that the current chapter allows between$10 and$100 and allows too much flexibility. Bever said it looked like those routes were designated in 1978, adding that he would, if Council wishes, talk with City Engineer Bob Wiwi and Street Division Manager Bill Smith about the status of those routes.President Welch agreed that it would be a good idea. Common Council Minutes Cont'd February 15, 1999 Page 3 Councilmember Hutton asked if this ordinance is patterned after the County's, why does the City have to have its own. Rabe answered that the County's addresses the unincorporated areas within the county but does not address the streets within the City limits. Bever stated that County government does not control the streets that are within the jurisdiction limits of the City. Rabe said that at this time the City has no formal authority to declare an emergency and restrict travel, adding that in the past it has been only a request that people refrain from using the streets. Councilmember Parker asked what would happen if a "transportation emergency" was declared while he was at work, would he be allowed to travel the streets to go home. Rabe said he could only assume that in those instances the Police Department would use good judgment and allow people to get to their homes. Councilmember Parker asked if there were any problems like that during the last snowstorm and Rabe answered that he did not know of any,but know that people were out and about on the streets. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 10 — 1999 to second 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. 10 —1999 on second reading. President Welch declared Ordinance No. 10— 1999 on public hearing. There being no comments either for or against the ordinance Councilmember Elstro moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous voice vote. Councilmember Hutton asked if the intent was for this ordinance to go all the way tonight, adding that she wasn't sure it could because of the fine within the ordinance. Bever stated that for this to be used the City would have to have a severe emergency, but he said the Police Department had wanted the availability of this. He said he saw no problem in not passing it tonight. With that, Councilmember Elstro moved to un- engross the ordinance and Councilmember Parker seconded it. President Welch said there was a motion and a second to remove Ordinance No. 10 — 1999 from engrossed status and bring it back to second reading.The Council voted unanimously to hold the ordinance on second, which will make it available for the public comments that might come at its next meeting on March 1. 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 Councilmember Allen explained that Richmond Casting Co. is requesting a 10-year abatement on new manufacturing equipment with an estimated new value of$5 million and real estate with an estimated new value of$500,000. She said the committee will review the request and come back with a recommendation at Council's next meeting on March 1. ORDINANCE NO. 12—1999 The Clerk read Ordinance No. 12— 1999—AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Lori Casterton, grants administrator for the City, explained that the City plans to submit a grant to the Indiana Department of Environmental Management(IDEM) on behalf of the Urban Enterprise Association. She said the request is for funding up to a maximum of $40,000 for phase 2 of the environmental assessment of the railroad depot. She said this will consist of various inspections, sampling, testing and reporting of possible contaminants at the depot. In addition, she said, possible drilling and boring may be necessary and this will depend upon the initial results of the first tests taken at the depot. She said the cost for drilling and boring,if needed, would be approximately$28,500,adding that it would be by March 15 of this year that the City would know if the grant would be accepted. Councilmember Parker asked if Phase I has been partially completed. Casterton said it had. Councilmember Parker than asked how much money has been spent. Lynn Johnstone, director of the U.E.A. stepped forward stating that Phase I was finished in 1994 and it cost $1,400 to do that work. She said that work included taking a look at the history of the property, its use and what might be there. She said they looked at the maps to find out where the tanks might be and what needed to be done as far as the Phase II work. She said they received an assessment from IDEM and that partial assessment showed the next level they needed to go to and this Phase II will do all of the testing. Johnstone said this was suggested by IDEM as well as the Finance Authority from the state. She said they had received the results of the tests from the first floor, but the basement and the second floor need to be tested.She said there is asbestos,but most of it is on the outside of the building. Common Council Minutes Cont'd February 15, 1999 Page 4 Johnstone said the basement has asbestos in it because that is where the pipes ran for the heating system, adding that the main floor asbestos is only showing up in the preliminary testing on one pipe wrap that goes up near the ticket office.In answer to a question by President Welch,Johnstone said that what they thought was a tank was only a boxed in area which was possibly used for storage of supplies and equipment. He said that had been cleaned and closed and has cement over the top of it. Councilmember Lundy said she had noticed some work going on in and around the depot. Johnstone said it is maintenance which includes taking down the terra cotta that is in danger of falling and splintering into pieces. She said a firm which was recommended by Historic Landmarks is numbering, labeling and setting these in a form inside the building in the form that it will go n the outside of the building. She said it is just a way of protecting it so no more damage can be done. President Welch said that is a part of the stabilization program that Council appropriated funds for a couple of months ago. Councilmember Parker asked how many additional phases there are. Johnstone answered there is just Phase III that is the actual cleanup. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 12—1999 to second 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. 12—1999 on second reading. President Welch declared Ordinance No. 12— 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. 12— 1999 to third 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. 12—1999 on third reading. Councilmember Wissel said he assumes that the importance of this IDEM study is the same no matter what the future of the depot, regardless of whether or not it is gong to be able to be saved or reconditioned in some value. He asked if the ultimate responsibility for the contaminants there is going to be that of the UEA, which the City will probably inherit. He said the UEA has it on a one-year probation period right now and if it is not approved after that,what happens to the UEA property. Johnstone said the UEA property would, by that time, be at least three or four months into development with the developer who is putting$1.2 million into the project.She said$400,000 comes back to the project because of the National Historic tax credits, the state tax credits are$100,000 and the City has earmarked the remaining gap funding that needs to be done. However, she said, there are still a few more things to be discussed with the City. Councilmember Wissel said that at the meeting he attended in December it was still not known what the status is of the development.Johnstone said they are still committed to the project. Councilmember Hutton said the UEA has been working diligently with the state and it looks good that they will be renewed for the following four years. Also, she said, even if not, the UEA will still be in existence for another year,which will be more than enough time to get this project through. President Welch said the current status is that the developer is still interested in the property and it will end up in the ownership of that development corporation.Johnstone said that is correct,if they buy the building and the UEA Board agrees.President Welch said in order to make that transfer of property, which may be a condition of the redevelopment or the development and preservation of that depot, this has to be done. Johnstone stated that this is a fine opportunity for this community to take advantage of what the state has set up. She said their matching funds for this project are 50 percent of the things they have already done and they will count. Councilmember Parker asked Bever whose liability it would be, the City's or the USA's or would it not also fall back on the previous owner.Bever said if there is an environmental cleanup required by the federal laws, it is a multi-phased approach. He said they will look at the current owner, current user and who actually created it. If this property would fall into the City's hands because of whatever happens with UEA, Bever said, it is potentially a liability of the City, consequently it makes sense to have the environmental assessment done to hopefully prevent any problem from going further. Councilmember Parker said there is not much doubt that there is a problem there, and Bever agreed. President Welch commented that there is some doubt as to the extent of the problem. Councilmember Parker stated that if they are recommending boring samples they are not looking for asbestos. Councilmember Parker said if they are really looking for anything, obviously they are going to find fuel oil and it is going to be there.He said it just becomes another responsibility of either the UEA, the City or the previous owner. Common Council Minutes Cont'd February 15, 1999 Page 5 Bever stated that the conditions are right that there could be something more, but just because there is a Phase II does not always mean that there is a severe problem.He added that, it's just that the conditions on the outside or its past use would justify it so these environmental companies do not feel comfortable going with only the Phase I.He said Phase 2 is not going to alter anyone's ultimate responsibility for a cleanup. Ordinance No. 12—1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Hutton,Allen,Wissel and Welch(6) Nays:Parker(1) Absent:Dickman and Rice ORDINANCE NO. 13-1999 The Clerk read Ordinance No. 13 — 1999 —AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY(FbMA) City Controller Shelley Miller explained that FNMA declared a snow emergency from January 1 through January 15, 1999. She said this has allowed governmental units to pick a 48-hour period within that time frame and re-coup up to 75 percent of eligible costs which include overtime and maintenance on equipment used for that time. Miller said this ordinance would allow the City to submit that grant and re-appropriate those funds back into those departments so they could re-coup some of the overtime costs and gasoline costs. Welch said he had heard Bill Smith of the street department say that during a one-week period he had depleted his overtime budget, salt budget and that was going to have an impact on his paving budget. Miller said the street department was hit the hardest, but several other departments also had some costs. She added that Smith had helped coordinate this effort to get all those costs identified and put together for this grant application. Miller said the funds, if awarded to the City, would be appropriated as follows: a. Richmond Sanitary District, $12,191.00 to be appropriated by the Board of Sanitary Commissioners; b. Street Division, $26,961.96 to Overtime, and the same amount to Salt; c. Richmond Fire Department, $904.53 to Other Supplies; d. Department of Parks and Recreation, $2,261.42 to Overtime; and e. Richmond Municipal Airport,$1,221.00 to Overtime and$1,646.00 to Other Supplies.Councilmember Parker asked if the Police Department was eligible and Miller said it was,but it did not have sufficient costs to submit. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 13 — 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. 13—1999 on second reading. President Welch declared Ordinance No. 13— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Lundy and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 13 — 1999 to third 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. 13—1999 on third reading. Ordinance No. 13— 1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Hutton,Allen,Wissel,Parker and Welch(7) Nays:None. Absent:Dickman and Rice ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 2-1999 The Clerk read Ordinance No. 2— 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 ordinance deals with a tax abatement request made by Shrock Cabinet Co. at 701 South N Street and is for$2,766,000. She said they are purchasing three assembly machines and a mono-roll finishing system and has just cleared a warehouse area in which to put the new equipment. Common Council Minutes Cont'd February 15, 1999 Page 6 She said in talking with the cost manager and operations manager of Shrock, she learned that they are not anticipating any additional employees to add to the 461 they now have, but over the last year they did increase their employment by 20 percent. She added that they are running two shifts now. She reported that the committee recommended adoption of this ordinance. President Welch declared Ordinance No. 2- 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 Lundy moved to suspend the rules and advance Ordinance No. 2— 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.2—1999 on third reading. Ordinance No.2—1999 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Hutton,Allen,Wissel,Parker and Welch(7) Nays:None. Absent:Dickman and Rice ORDINANCE NO.4—1999 The Clerk read Ordinance No. 4— 1999—A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 4611 NATIONAL ROAD WEST, CENTER TOWNSHIP, RICHMOND,INDIANA President Welch explained that this ordinance was held on second reading to give Council an opportunity to assess the property and to evaluate the impact of this potential rezoning in that neighborhood. The petitioner, Danny Caffarel, 3425 College Corner Road, explained that he recently purchased from Storage Express this .8 of an acre for the purpose of doing import car repair and sales. He said the reason for the rezoning is to allow the sale of autos toward the front of his property. President Welch said in looking at the property he sees a sign on the east side indicating that storage warehouses are going to be built. Caffarel said that is correct, adding that these are going to be built by Storage Express on the east side,perpendicular to U.S.40,going south and across the back of the property. Caffarel explained that he has an 1800 square foot building in two sections where the repair will be done and has a 95-foot frontage on the west side of the lot where he wants to put the car sales lot. He said he intends to change the driveway on the west side so that it is similar to the existing drive on the east side. President Welch voiced his concern about the sight line and Caffarel said there is a 15-foot grassy area which he intends to keep and he also intends to make the entrance to the driveway on the west side a gradual one much like it is on the east side. President Welch said he wants it put into the record so that Caffarel will know he is going to have to hold those cars back to maintain the sight line. He added that signage is also going to have to be restricted so as not to block the line of sight. Councilmember Lundy asked about whether or not there is a bumper between the church and that lot. Caffarel said Storage Express will have that area fenced and have those buildings running south between the church to the east and the property that now belongs to him.President Welch reminded Council that the re-zoning was approved by the Plan Commission with two dissenting votes. Bob Goodwin,planning director, said the area to the east of the petitioner(Caffarel) is zoned properly as a C-2 for storage sheds to go in and there is no requirement that they bring the plan to his department in advance.It means they simply come in and pull a permit. President Welch declared Ordinance No. 4— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 4 — 1999 to third 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.4— 1999 on third reading. Ordinance No.4—1999 was adopted on the following call of the roll: Common Council Minutes Cont'd February 15, 1999 Page 7 Ayes:Elstro,Lundy,Allen and Parker(4) Nays:Hutton,Wissel and Welch(3) Absent:Dickman and Rice After a brief discussion as to what vote was needed for the ordinance to pass, Bever quoted from 30.07 under the general rules for Council which stated: "A quorum shall consist of a majority of all members but no ordinance, order or resolution shall be passed or ordinance engrossed which shall not have received the votes of a majority of all members constituting the Council."Therefore,he said, failing to have a five vote in favor,this ordinance did not pass. Councilmember Elstro then questioned as to whether or not the ordinance could be brought back to Council after a year's period of time. Bever then read from the Code, stating that after a year the ordinance may be re-introduced in its identical form,with a two-thirds vote of Council. Councilmember Hutton asked if the storage bins fall in the lines of beautification. Goodwin said that is a City requirement and Councilmember Hutton asked about landscaping requirements and Goodwin responded that he wasn't quite sure. However, he added, they could get by without paving the entrance as long as there was no car lot or parking lot. Caffarel asked if would help if he got a sight plan from Storage Express concerning their plans about how their building layout is going to be.President Welch answered that it would not change his vote,because he doesn't like to see those buildings backed up to the church parking lot. Caffarel responded that there is a house in between,but President Welch stated that at this point a sight plan would not alter his 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. Bing Welch,President ATTEST: Norma Schroeder,Clerk