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HomeMy Public PortalAbout05-05-1997 P-ROGEEBINGS-OF THE COMMON-C-OUNC-tk-OF TI IC 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, May 5 2 1997, in the Council Chambers in said City. President Bob Dickman presided with the following 3 Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally" Hutton, Geneva 4 "Gene" Allen, Alan Stamper and Bing Welch. Larry Parker was absent. The following business was had 5 to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 PRAYER BY COUNCILMEMBER WELCH 0 1 ROLL CALL 2 3 Eight present. President Dickman announced Councilmember Parker had left prior to the meeting because 4 he had become ill. 5 6 President Dickman recognized guests in the audience which included members of the 4-H Challenger group 7 which meets regularly at Pleasant View. Introducing herself was Carla Metzger, the leader, who said the 8 purpose of the group's visit was to observe parliamentary procedures. Also present were members of Boy 9 Scout Troop 20, with only one member stepping forward to explain they were working on their government 0 badge which was Citizenship in the Community. Four members of a government class were present who 1 didn't wish to introduce themselves. 2 .3 APPROVAL OF MINUTES OF APRIL 21,1997 •4 5 The minutes of the April 21, 1997 meeting were approved on a motion by Councilmember Hutton,second by 6 Councilmember Welch and was carried on a unanimous voice vote. 7 8 COMMUNICATIONS FROM THE MAYOR .9 0 Mayor Dennis Andrews expressed his condolences to the family, students and colleagues of Ellen Rogers, 1 local teacher,who was killed in an auto accident earlier this week. 2 3 PRESENTATIONS OF REMONSTRANCES. PETITIONS. MEMORIALS OR PUBLIC COMMENTS 4 5 Kenny Hendricks, president of the Street Tree Commission, thanked everyone for their support making the 6 Commission a successful one. He said each year the National Arbor Day Foundation rewards cities who do 7 outstanding work in tree preservation and maintenance and explained that the Commission applied for the 8 award eight years ago and received it and has received it each year since. He presented the flag designating 9 Richmond, Indiana the Tree City U.S.A.to the Mayor. ,0 ,1 A. The Clerk read Resolution No. 5 - 1997-A RESOLUTION DECLARING MAY 11TH THROUGH ,2 THE 17TH, 1997 AS MUNICIPAL GOVERNMENT WEEK (The resolution in its entirety is on file in •3 the Clerk's office). •4 5 Clerk Norma Schroeder said she has had requests from teachers for tours through the City Building 6 during the week and she will be going to two separate classrooms in the elementary schools to tell -'7 how local government works. ,8 .19 B. VACATION PETITION NO. 5 - 1997 (ORDINANCE NO. 29 - 1997- M. PARRY'S ADDITION TO -0 GREENWOOD) 51 y Councilmember Wissel explained that members of the Richmond Advisory Plan Commission 3 conducted a public hearing April 25, 1997 on the petition to vacate the public place described as 30 54 feet off the entire east side of Lot No.49 in M. Parry's Addition to Greenwood, now a part of the City 515 of Richmond, located at the northeast corner of South M and 11th Streets. He said the Commission 5f6 voted 7 in favor and none opposed, with four absent, to recommend the passage of Vacation 57, Petition No.5- 1997 and amended Ordinance No.29 -1997. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 0 611 Included in the Council packets were the minutes of the meetings held April 10 and April 17, 1997. 6 6 REPORTS FROM CITY DEPARTMENTS 611, 6. REPORTS FROM SPECIAL COMMITTEES 4 Common Council Minutes Cont'd May 5, 1997 Page 2 1 REPORTS FROM STANDING COMMITTEES 2 3 REPORTS FROM ORGANIZATIONS 4 5 Councilmember Wissel reported that the Economic Development Corporation met earlier today, noting t at 6 the new director, Jim Hizer, attended, although he has not officially taken over. He said discussion center d 7 around five new projects, three existing projects and a request was made for E.D.I.T. funds for an access 8 road construction for an expansion project for Tech Fab which is a division of Pittsburgh Tube Co. 9 10 MISCELLANEOUS BUSINESS 11 12 ORDINANCES 13 14 ORDINANCES ON FIRST READING 15 16 Councilmember Elstro moved to suspend the rules and read Ordinances No. 43, 44, 45, 45 and 47- 19 7 17 on first reading by title only, second by Councilmember Lundy and the motion was carried on a unanimo s 18 voice vote. 19 20 ORDINANCE NO.43-1997 21 22 The Clerk read Ordinance No. 43 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP T 23 217 SOUTH A STREET 24 25 President Dickman announced Ordinance No.43- 1997 would go to the Planning Commission. 26 27 ORDINANCE NO.44-1997 28 29 The Clerk read Ordinance No. 44 - 1997 - AN APPROPRIATION ORDINANCE AUTHORIZI G 30 ADDITIONAL APPROPRIATIONS TO CERTAIN FUNDS 31 32 City Controller Shelley Miller explained this ordinance deals with two projects which were anticipated to st rt 33 but did not and encumbered the money with purchase orders. She said one is a Police Department packa.e 34 with combined software and the other is an Industries Road project.She explained the procedures that ha e 35 to be taken through this ordinance. 36 37 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 44 - 1997 to seco d 38 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimo s 39 voice vote. 40 41 The Clerk read Ordinance No.44- 1997 on second reading. 42 43 President Dickman declared Ordinance No. 44 - 1997 on public hearing. There being no comments eith r 44 for or against the ordinance, Councilmember Allen moved for engrossment, second by Councilmemb r 45 Welch and the motio was carried on a unanimous voice vote. 46 47 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 44 - 1997 to third and fin I 48 reading and read by title only, second by Councilmember Wissel and the motion was carried on a 49 unanimous voice vote. 50 51 The Clerk read Ordinance No.44- 1997 on third reading. 52 53 Ordinance No.44-1997 was adopted on the following call of the roll: 54 55 Ayes:Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch and Dickman (8) 56 Nays:None. 57 Absent: Parker 58 59 ORDINANCE NO.45-1997 60 61 The Clerk read Ordinance No. 45 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP .T 62 1137 NORTH 12TH STREET 63 64 President Dickman announced Ordinance No.45- 1997 would go to the Planning Commission. 65 347 Common Council Minutes Cont'd May 5, 1-99y Pagc 3 1 In answer to a question posed by Councilmember Hutton, Bob Goodwin, director of planning and 2 redevelopment, explained it is the last business between the auto repair business on North 12 Street and 3 New Paris Pike. He said the petitioners are asking that it be rezoned C-4. 4 5 ORDINANCE NO. 46-1997 6 7 The Clerk read Ordinance No.45- 1997-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A 8 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 9 6-1.1-12.1 0 1 Councilmember Stamper explained this is a continuation of Richmond Baking Company's expansion as it 2 was laid out a year ago. He said they are adding five new employees, investing $250,000 for new research 3 and development equipment along with manufacturing equipment for a new cracker product line they are 4 bringing out. President Dickman said this ordinance will come back on second reading at the next meeting. 5 6 ORDINANCE NO.47-1997 7 8 The Clerk read Ordinance No. 47 - 1997 - A SPECIAL ORDINANCE VACATING A 10-FOOT WALKWAY 9 ALLEY EAST OF NORTH 10TH STREET AND IMMEDIATELY NORTH OF EAST MAIN STREET '0 .1 President Dickman announced Ordinance No.47-1997 would go to the Planning Commission. '2 .3 City Attorney Bob Bever explained that the Plan Commission will meet Thursday to act on this ordinance. He .4 said this petition normally is brought before the Commission by an adjoining property owner, but in this case r5 it is brought by the City through the Board of Works regarding the 10-foot walkway alley immediately east of .6 what is referred to as Kessler's parking lot at 10th and East Main Streets. Bever said this came through the '7 City's negotiations for the appropriation of that parking lot and explained that through the negotiations the '8 Board of Works and representatives of Kessler's Inc. were able to strike a deal subject to the vacation of this '9 alley. He said there was a difference of opinion on the value of that lot and the two parties were able to work :0 out an arrangement with the City paying the appraisal that the City acquired on that lot providing that :1 Kessler's could retain ownership of a 20 foot strip for cars along the far eastern boundary. :2 :3 Bever said 10 feet would come from their current lot and 10 feet from this alley. He said he contacted Office :4 Shop which is to the east and that business had no problems with this so long as there would be a continued :5 right of way easement to their pedestrian door on the west side of their building. Consequently, Bever said, :6 the Board approved a resolution with all the transactions with Kessler's subject to the vacation. Bever said :7 the walkway was to the old Westcott Hotel that used to be there and there is no need for that walkway today g since the hotel is no longer there. He asked Council's consideration because it will save time and expense, •9 he said, being able to avoid any litigation with Kessler's through this transaction which, he said, he hopes is 0 in the best interest of all parties. President Dickman said this ordinance will come back to Council once it has a 1 gone through the Plan Commission. ORDINANCES ON SECOND READING •6 ORDINANCE NO.28-1997 7 8 The Clerk read Ordinance No. 28 - 1997 -A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR 9 THE PROPERTY LOCATED IMMEDIATELY EAST OF AND ADJACENT TO 725 PROGRESS DRIVE 0 1 Councilmember Wissel explained this is a request for special use district classification in an M-2 industrial 2 district for a union hall to serve the United Steelworkers of America Local 4039 located in the 700 block of 3 Progress Drive, specifically at 609 North West L Street which is currently an empty lot immediately east of •4 the Country Rib Eye Restaurant. He said notices were delivered to five surrounding property owners with no •,5 comments from any of the five. The vote, he said, was 7 in favor, with four absent, adding that the favorable •,6 vote was subject to a landscaping and drainage plan being approved prior to issuing the building permits. '7 g President Dickman announced the ordinance on public hearing. There being no comments either for or •.9 against the ordinance, Councilmember Hutton moved for engrossment, second by Councilmember Allen and .0 the motion was carried on a unanimous voice vote. '1 .2 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 28 - 1997 to third and final :.3 reading,second by Councilmember Lundy and the motion was carried on a unanimous voice vote. 4 :5 The Clerk read Ordinance No.28- 1997 on third reading. 4 Common Council Minutes Cont'd May 5, 1997 -Pagu 1 Ordinance No.28- 1997 was adopted on the following call of the roll: 2 3 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper,Welch and Dickman (8) 4 Nays: None. 5 Absent: Parker 6 7 ORDINANCE NO.29-1997 8 9 The Clerk read Ordinance No. 29 - 1997 - A SPECIAL ORDINANCE VACATING THE PUBLIC PLACE 10 DESCRIBED AS 30 FEET OFF THE ENTIRE EAST SIDE OF LOT NUMBER 49 IN M. PARRY'S ADDITIO 11 TO GREENWOOD, NOW A PART OF THE CITY OF RICHMOND 12 13 Councilmember Elstro said he talked to Goodwin earlier about this ordinance and asked what the gentlema 14 who owns it is planning to do with it. Councilmember Wissel said the gentleman testified before the Pla. 15 Commission that he is going to put grade 73 gravel in the area because he has a flooding problem there an 16 wants to be able to get to his house. 17 18 President Dickman declared Ordinance No. 29- 1997 on public hearing.There being no comments either f r 19 or against, Councilmember Elstro moved for engrossment, second by Councilmember Allen and the motio 20 was carried on a unanimous voice vote. 21 22 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 29 - 1997 to third and fin I 23 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimou 24 voice vote. 25 26 The Clerk read Ordinance No.29-1997 on third reading. 27 28 Ordinance No.29- 1997 was adopted on the following call of the roll: 29 30 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper, Welch, and Dickman (8) 31 Nays:None 32 Absent: Parker 33 111 34 ORDINANCE NO.31 -1997 35 36 The Clerk read Ordinance No.31 - 1997-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF 37 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I. rr 38 6-1.1-12.1 39 40 Councilmember Stamper said he visited Carlos Casket Co. and through a tour of the plant given by Ton 41 Wright, learned they are refurbishing and adding to their current lines. He said he was interested in findin 42 that the machines are well maintained and the building is neat and clean. He said they are investin 43 $400,000 in new manufacturing equipment and another $200,000 in real estate, adding that this will mea 44 one to two jobs immediately,but hopefully many more in the next few years. 45 46 President Dickman declared Ordinance No. 31 - 1997 on public hearing.There being no comments either for 47 or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch 48 and the motion was carried on a unanimous voice vote. 49 50 Councilmember Allen moved to suspend the rules and advance Ordinance No. 31 - 1997 to third and fin-I 51 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimou 52 voice vote. 53 54 The Clerk read Ordinance No. 31 - 1997 on third reading. 55 56 Ordinance No. 31 - 1997 was adopted on the following call of the roll: 57 58 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper, Welch and Dickman (8) 59 Nays:None 60 Absent: Parker 61 62 ORDINANCE NO.39-1997 63 64 The Clerk read Ordinance No. 39 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 199 65 BUDGET 349 Common Council Minutes Cont'd May 5. 1997 Page 5 1 President Dickman declared Ordinance No.39- 1997 on public hearing.There being no comments either for 2 or against, Councilmember Welch moved for engrossment, second by Councilmember Allen and the motion 3 was carried on a unanimous voice vote. 4 5 Councilmember Welch moved to suspend the rules and advance Ordinance No. 39 - 1997 to third and final 6 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous 7 voice vote. 8 9 The Clerk read Ordinance No.39-1997 on third reading. 10 11 Ordinance No.39-1997 was adopted on the following call of the roll: 12 13 Ayes:Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch and Dickman (8) 14 Nays:None 15 Absent:Parker 16 17 ORDINANCE NO.40-1997 18 19 The Clerk read Ordinance No. 40 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 1997 r0 BUDGET e1 P2 President Dickman declared Ordinance No.40-1997 on public hearing.There being no comments either for 3 or against the ordinance, Councilmember Allen moved for engrossment, second by Councilmember Hutton 4 and the motion was carried on a unanimous voice vote. e5 r6 Councilmember Allen moved to suspend the rules and advance Ordinance No. 40 - 1997 to third and final r7 reading and read by title only,second by Councilmember Wissel and the motion was carried on a unanimous t 8 voice vote. r9 e0 The Clerk read Ordinance No.40- 1997 on third reading. ci 42 Ordinance No.40-1997 was adopted on the following call of the roll: c3 44 Ayes: Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch and Dickman (8) e5 Nays: None c6 Absent: Parker £7 e8 ORDINANCES ON THIRD READING e 9 0 There were none. 1 2 UNFINISHED BUSINESS 4 Councilmember Elstro voiced his concern about the Street Division spending so much time pouring concrete 5 at McBride Stadium during the past two weeks. He asked where the money is coming from for the concrete 6 and the labor and asked if it is going to affect the City's sidewalk and curb plans. City Engineer Bob Wiwi 7 said the Build Indiana funds are paying for the materials used and the labor is coming from the Street 8 Division. 9 •0 President Dickman announced that three ordinances will be discussed at 7 p.m. Wednesday, May 7, in the •1 Committee of the Whole meeting in the Council Chambers. They are Ordinance No. 36 - 1997 which deals •2 with sidewalks and curbs; Ordinance No. 37 - 1997 - dealing with licensed electrical contractors; and •3 Ordinance No.38-1997-dealing with utility cuts in City streets. •4 •5 ADJOURNMENT •6 •7 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned. •8 •9 •0 •1 .2 .3 •4 Robert Dickman, President .5 ATTEST: Norma Schroeder,Clerk 3.5-o