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HomeMy Public PortalAbout02-18-1997 315 PROCEEDINGSMON-COUNe'fi-OETl-tE The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday, February 18, 1997, in the Council Chambers in said City. President Bob Dickman presided with the following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally" Hutton, Geneva "Gene" Allen, Alan Stamper and Bing Welch. Larry Parker was absent. The following business was had to-wit: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER LUNDY 1 1 ROLL CALL 1 1° Eight present. 1, 1. APPROVAL OF MINUTES OF FEBRUARY 3,1997 1. 1 Councilmember Hutton moved to approve the minutes of February 3, 1997, second by Councilmember 1: Wissel and the motion was carried on a unanimous voice vote. 1° 20 COMMUNICATIONS FROM THE MAYOR 2 2 City Attorney Bob Bever explained he had mailed to each Councilmember the resolution regarding the 2. downtown lots or lots to be. However, some said they did not have their letters with them. Bever explained 2, that this resolution is some housecleaning from his perspective and arguably has already been done. He 2• stated that, as Councilmembers were well aware of,that part of the City's downtown redevelopment includes 2. two new lots and these were a part of the grant application set forth in Ordinance No. 51 - 1996 this Council 2 adopted last year. 2: 2° 30 He further explained that the statute by which the City is proceeding for the acquisition for the property 3 specifies there is to be a resolution from the fiscal body, which is this Council, expressing an interest in the 3 real estate and it is up to the Board of Public Works & Safety to make the decision to buy and order 3 appraisals. He said Council has expressed the interest, but in case anyone says these lots have not been 3 specifially identified, he thought it prudent to set forth the descriptions in Resolution No.4- 1997. He said the 3' common reference to the one on South Ninth Street is in the 100 block and actually it is the parking lot next 3. to Bullerdick's Furniture Store on the west side of the street which is owned by Daseke of Ohio. The other 3 one is located on the north east corner of North 10th and Main Streets and referred to as owned by Kessler's 3 Sport Shop Inc. 3 4 Bever said that even though these lots have been shown on the previous drawings and have been 4 discussed, for the purposes of meeting the statute he wanted to have this specific resolution which 4 expresses Council's interest so the Board of Works may proceed. He added that the statute that is being utilized is an easier, quicker way than a pure condemnation statute. He explained that what happens is, if 4 this interest is expressed tonight by Council, the Board of Works then decides on an offer to purchase the 4 properties based on the appraisals which have been secured. He noted that the statute says that two 4 appraisals must be secured and that has been done,then an average is taken of the two and that average is 4 submitted to the owners of the properties as an offer to purchase. He added that is the only price that in this 4: procedure the City can utilize. 4' 5. If that offer is accepted, Bever said, than a deal is made for that price. However, if it is not, then the City 5 I might have to revert to the condemnation proceedings. He said he felt it was worth attempting to go about it 5 this way first. Bever said Nepote's appraisal of the 10th Street lot was $82,500 and the Muncie appraisal 5 was $86,000 and Nepote's appraisal of the South Ninth Street lot was $72,000 and the Muncie appraisal 5, was $70,000. He said he would submit this resolution for Council's consideration to cover the City in case 5' anybody says that the prior ordinance did not specifically identify those parcels. 5: 5 d Councilmember Hutton said she had a deep concern as to why the City would want to purchase two lots 5 which are already parking lots. Bever responded that it is so there can be public parking on those lots, 5 adding that the City now has no control over the parking there. He said the South Ninth Street lot is for sale 6, and could be sold for something else other an parking, noting that Cole &Associates recommended that the 61 administration purchase this lot. 6- 6 ! Mayor Andrews said both those lots as well as a third one which is next to the Clarion-Leland Hotel, are part 6,t of the off-street parking portion of the plan design that was included originally, adding that none of those lots 6 are intended for purely parking but intended to be park space with the parking for cars. 16 Common Council Minutes Cont'd February 18, 1997 Page 2 1 He said those lots are to be landscaped and upgraded, especially the lot north of Richmond Civic Thea re, 2 noting that it is part of an entertainment strategy that is incorporated in the plan and has been since he 3 original plan requirements and been illustrated very graphically as part of the central pieces of he 4 redevelopment strategy. He said he would look for those lots to provide two-hour parking which would not be 5 gated or otherwise restricted. Councilmember Wissel asked if there was any reason that voting on t is 6 resolution could not wait until Council's first meeting in March. 7 8 Bever responded that the Mayor had asked that this go forward so that an offer can be made and the I nd 9 be purchased when Cole&Associates come in and start work. Mayor Andrews said the Board of Works I st 10 week amended the contract with Cole & Associates to advance the work on all three of the lots. He ad ed 11 that the construction schedule calls for the downtown redevelopment to occur in the summer through the all 12 and it is the City's,intention to work on those lots at the front end of that construction in hopes that th se 13 three areas will be completed to provide off-street parking for that area during the time of the constructio of 14 the street itself. He added that this is an important element of addressing the existing business needs dur g 15 the construction period is to have the public parking for off street in that proximity. 16 17 Bever explained that it may look like the City is dragging its feet on this, however, the appraisal from e 18 American United Appraisal Co. out of Muncie arrived in his office only last week and this is the first Cou cil 19 meeting after receipt of that appraisal. Bever added that the owner of the South Ninth Street lot ha a 20 potential buyer and wanted the City to take such actions as soon as possible. 21 22 Councilmember Stamper asked what the value is of the City owning the lot next to Bullerdick's if it owns t e 23 lot across the street. Mayor Andrews said the Medical Arts property which is to the west of that lot next to 24 Bullerdick's, has been forwarded to the Economic Development Corporation for marketing and recruitm nt 25 and the lot directly south of Bullerdick's is part of the transportation strategy as well as parking strategy. e 26 pointed out that if you look at the Cole &Associates design there is an east/west travel way from 7th to 1 th 27 Streets providing additional vehicle circulation directly through the center of the Bullerdick lot. He said t at 28 makes that lot important not just for off-street parking but for part of the additional circulation that the ity 29 wants to make. 30 31 Bever said that even though there might be a little time before the work starts, this resolution is for t e 32 voluntary sale and purchase, but if one or both of the owners refuse the price which by statute the City h s 33 to submit to them that means the condemnation process will have to be set in motion. He added that it is 34 important to get started on this aspect of it right away,to get an offer to the people so it will be known as to 35 whether or not it is accepted or if the Cty will have to go through the second stage of condemnation so t e 36 property can be acquired in time for any work this summer. 37 38 Councilmember Hutton asked if the City had considered trading a parking lot that the City now owns, in ca e 39 one of the owners does not want to give up his lot.The Mayor said there had been some brief conversati n 40 about that but it turned out that it would not be consistent with what Cole & Associates had recommend d. 41 Councilmember Elstro said he felt the lot by the Leland Hotel and the Medical Arts lot should be opened or 42 parking. Mayor Andrews responded that it has been two months since Bever sent the request to E.D.C. to 43 see what they can do with that parcel of land and the thinking was that it could be utilized quickly by a 44 private developer. 45 46 Councilmember Elstro said the parking garage has not been utilized and Mayor Andrews responded tf at 47 that issue has been addressed in the study and there are strategies to better utilize the facility which inclu e 48 100 spaces on the upper two floors. He said conversations with the Clerk's office and Main Street haye 49 included actually leasing out spots on a monthly basis at a very low rate to downtown employees. He saaid 50 there have to be marketing strategies and low cost rental monthly applications to best utilize that parking 51 garage and mere cosmetic improvements will not do it. Bever said Cole & Associates had convinced hi 52 that opening up parking on the east side will help anchor the downtown renovation project. 53 54 Councilmember Welch moved to add Resolution No. 4 - 1997 to the agenda, second by Councilmemb-r 55 Elstro who noted that he would vote against it and President Dickman stated he would be abstaini g 56 because he is personally involved with one of the lots. The motion to add the resolution to the agenda w-s 57 carried by a seven to one vote with Councilmember Stamper voting against it. Resolution No. 4- 1997 w-s 58 defeated by the following call of the roll: 59 60 Nays:Elstro, Hutton,Allen and Stamper(4) 61 Ayes:Lundy,Wissel and Welch (3) 62 Abstaining: Dickman 63 Absent: Parker 64 65 Bever stated the condemnation proceeding only has to be approved by the Board of Works and the City ill now go that route which is a more complicated, lengthy and probably more costly procedure. He added th=t that action will occur next week after this action by Council. 17 Common Council Minutes Cont'd Fobruary 18, 1997 Page-3 1 PRESENTATIONS OF REMONSTRANCES.PETITIONS. MEMORIALS OR PUBLIC COMMENTS 2 3 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 4 5 Included in the Council packets were the minutes of meetings held January 23 and January 30, 1997. 6 7 REPORTS FROM CITY DEPARTMENTS 8 9 REPORTS FROM SPECIAL COMMITTEES 10 11 REPORTS FROM STANDING COMMITTEES 12 13 REPORTS FROM ORGANIZATIONS 14 15 MISCELLANEOUS BUSINESS 16 17 Councilmember Hutton expressed her appreciation to Bill Quigg at Richmond Baking Co. to whom she 18 expressed her displeasure of the trash on the hill going up from Bridge Avenue and the next day it was 19 cleaned up. She encouraged other businesses and residents to pick up the litter whether it be theirs or 2p someone elses. President Dickman read a letter received by Council from Peter Wehrley, a member of Boy Scout No. 100, 23 stating his appreciation of Council's adoption of Resolution No. 3 - 1997 at Council's February 3, 1997 24 meeting, recognizing the contributions of the late Gertrude "Lucky" Ward to the community. President 25 Dickman directed the Clerk to file the letter. 27 ORDINANCES 2 2: ORDINANCES ON FIRST READING 3: 3 Councilmember Elstro moved to suspend the rules and read Ordinances No. 15, 17 and 18 - 1997 on first 3' reading by title only, and to read Ordinance No. 16 - 1997 in its entirety, second by Councilmember Hutton 3: and the motion was carried on a unanimous voice vote. 3, 3. ORDINANCE NO.15-1997 3. 3 The Clerk read Ordinance No. 15- 1997-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 609 3: NORTHWEST"L"STREET 3' 4: President Dickman announced Ordinance No. 15-1997 would go to the Planning Commission. 4 4' ORDINANCE NO.16-1997 4: 4' The Clerk read Ordinance No. 14 - 1997 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY 4. OF RICHMOND TO RECEIVE A DONATION 4. 4r "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific 4: purpose and 4's 5: "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of such 51 property for the intended purpose, 5' 5: "NOW, THEREFORE, be it ordainced by the Common Council of the City of Richmond, Indiana, that the 5, following donations made during 1996 to the Fire Chief's Dedication Fund are hereby acception and 5 gratefully acknowledged by the citizens of Richmond: 5. 5 "Paul and Wanda Mullin, Marie Fredricks, Fred Klotz, Theresa Johnson, Malvern & Sibyl Price and Stephen 5: J. Hornak." 5' 60 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 14- 1997 to second reading 6 and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice 6 vote. 6. 6, The Clerk read Ordinance No. 16- 1997 on second reading. 6• President Dickman declared Ordinance No. 16- 1997 on public hearing. .318 Common Council Minutes Cont'd February 18, 1997 Page-4 1 Fire Chief Mike Allen spoke in support of the ordinance, requesting Council to accept the donations which 2 will be used specifically for the preservation of some of the community's history. He said photographs of the 3 past fire chiefs are currently being sought and the plan is to preserve them. There being no fu her 4 comments for and none against the ordinance Councilmember Elstro moved for engrossment, secon by 5 Councilmember Welch and the motion was carried on a unanimous voice vote. 6 7 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 16 - 1997 to third and 'Ina! 8 reading and read by title only, second by Councilmember Wissel and the motion was carried o a 9 unanimous voice vote. 10 11 The Clerk read Ordinance No. 16-1997 on third and final reading. 12 13 Ordinance No. 16- 1997 was adopted on the following call of the roll: 14 15 Ayes: Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch, and Dickman (8) 16 Nays: None. 17 • 18 ORDINANCE NO.17-1997 19 20 The Clerk read Ordinance No. 17- 1997-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL 0 A 21 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER .C. 22 6-1.1-12.1 23 24 Councilmember Stamper explained this is a piece of equipment already approved for abatement but inst-ad 25 of Ahaus Tool & Engineering purchasing the equipment they have chosen to lease it. He said that me.ns 26 that Council has to redo the abatement, and name the leasing company which is the Fifth Third Leasing o. 27 and although Council has already approved the abatement this just cleans up some paper work. 28 29 Councilmember Elstro moved to advance Ordinance No. 17- 1997 to second reading and read by title o ly, 30 second by Councilmember Allen and the motion was carried on a unanimous voice vote. 31 32 The Clerk read Ordinance No. 17-1997 on second reading. 33 34 President Dickman declared Ordinance No. 17- 1997 on public hearing.There being no comments either or 35 or against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Lu dy 36 and the motion was carried on a unanimous voice vote 37 38 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 17- 1997 to third and fi al 39 reading,second by Councilmember Allen and the motion was carried on a unanimous voice vote. 40 41 The Clerk read Ordinance No. 17-1997 on third reading. 42 43 Ordinance No. 17- 1997 was adopted on the following call of the roll: 44 45 Ayes:Elstro, Lundy, Wissel, Hutton,Allen, Stamper, Welch and Dickman (8) 46 Nays: None. 47 48 ORDINANCE NO.18-1997 49 50 The Clerk read Ordinance No. 18 - 1997 - AN APPROPRIATION ORDINANCE AUTHORIZING T E 51 ACCEPTANCE AND APPROPRIATION OF GRANT MONEY FROM THE PARTNERSHIPS FOR A DRUG 52 FREE WAYNE COUNTY 53 54 Police Chief Bill Shake asked for approval of the ordinance so the Richmond Police Department may receive 55 funds voted by Partnership For a Drug Free Wayne County to help the Wayne County Probation Offices 56 Youth Service Division to provide placement services for children who need thier services or youig 57 offenders who need to be placed in Henry County. 58 59 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 18 - 1997 to second 60 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous 61 voice vote. 62 63 The Clerk read Ordinance No. 18-1997 on second reading. 64 65 President Dickman declared Ordinance No. 18- 1997 on public hearing. 219 9. Common Council Minutes Cont'd February 18, 1997 Page 5 1 There being no comments either for or against the ordinance, Councilmember Wissel moved for 2 engrossment,second by Councilmember Lundy and the motion was carried on a unanimous voice vote. 3 4 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 18 - 1997 to third and final 5 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous 6 voice vote. 7 8 The Clerk read Ordinance No. 18-1997 on third reading. 9 0 Ordinance No. 18-1997 was adopted on the following call of the roll: 1 2 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper,Welch and Dickman (8) 3 Nays: None. 4 5 ORDINANCES ON SECOND READING 6 7 There were none. 8 9 ORDINANCES ON THIRD READING 0 1 There were none. 2 .3 UNFINISHED BUSINESS 4 .5 President Dickman said Council had two candidates interested in being appointed to the Human Rights 6 Commission and Councilmembers had voted via written ballots which he had given to the Clerk to count. He .7 asked the Clerk to report the result of that count. Clerk Schroeder announced that Eugene Roop of Bethany 8 Seminary had received the majority of votes. .9 0 ADJOURNMENT 1 2 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 3 4 THE ANNUAL BOARD OF FINANCE 5 6 Mayor Dennis Andrews called the meeting of the Annual Board of Finance to order and asked for the 7 election of officers. He explained that the Board is made up of the Council, Mayor and Controller who is 8 secretary by virtue of her office. 9 0 Councilmember Dickman nominated Councilmember Allen as Chairperson, second by Councilmember 1 Hutton and the motion was carried on a unanimous voice vote. Councilmember Welch moved that •2 Councilmember Allen be nominated by acclamation, second by Councilmember Dickman and the motion 3 was carried. ,4 ,5 Councilmember Allen called the meeting to order and recognized Miller who explained that the Mayor had ,6 distributed a packet noting the purpose of this committee is to receive a brief overview of the investment ,:7 activities for 1996 as well as to ensure there is an investment policy in place and this Board approves it. 18 9 Miller noted the items in the packet included a report on the investments and there were none beyond what 5f0 was needed for demand accounts and the majority of the funds are held in one institution. She said two 1 funds are highlights which is the program income in a separate account in a separate institution and the payroll fund which is more or less an expense account for the payroll activity. She said the cash flow position has improved over the past year. Miller reiterated some of the objectives which include the main one, being the security of the principal of the 6 fund.The second, she said, is the liquidity to ensure there are sufficient funds available as demanded by the 5(7 day to day activities of the City. And, the third, would be a return on surplus funds. She said the final two 5 documents are from the Indiana Board of Depositories which now regulates and indicates the approved 5 depositories for which a City may invest or have accounts and a current listing of approved depositories. She 60 recommended they take a look at the depositories and possibly request a proposal as far as the services 6 6 which can be provided to the City and the rates of return and take a look at that at this time. 6 Councilmember Stamper asked if the City had tried to deal with the banks for a 30 and 60 day with paper. 6, Miller responded, saying that a lot of the activities are regulated by state code. She added that a vehicle is 6. now available called a sweep account which is all the surplus over what the daily requirement is would be swept into overnight investments and would substantially increase the return by about two points. Common Council Minutes Cont'd Feb�97 Page 6 1 Miller stated that while the investment officer and the fiscal officer has the authority to make investments it 2 takes action by this Board to begin the process to reevaluate depositories. Councilmember Stamper moved 3 to develop a committee on this Board and have them work with Miller to get those standards developed, 4 second by Councilmember Dickman and the motion was carried on a unanimous voice vote. 5 6 Both Councilmembers Stamper and Welch volunteered to serve on that committee with Miller to send out 7 proposals or whatever needs to be done to enhance the City's financial position. Councilmember Hutton so 8 moved,second by Councilmember Welch and the motion was carried on a unanimous voice vote. 9 10 ADJOURNMENT 11 12 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned. 13 14 15 16 17 18 19 Robert Dickman, President 20 21 22 23 24 25 ATTEST: 26 Norma Schroeder, City Clerk 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65