Loading...
HomeMy Public PortalAbout09-23-1996 237 MitffilteNa 1NBIA MEDP D104-SEP-TEMEBER t996 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, 2 September 23,1996,in the Council Chambers in said City. President Geneva"Gene"Allen presided with the 3 following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally"" Hutton, 4 Robert Dickman,Alan Stamper, Bing Welch and Larry Parker.The following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 PRAYER BY COUNCILMEMBER DICKMAN 9 0 ROLL CALL 1 12 Nine present. 13 14 President Allen stated that the agenda needed to be amended by adding Ordinance No. 102- 1996 on First 15 Reading and Ordinance No. 85 - 1996 on Second Reading. Councilmember Hutton so moved, second by 16 Councilmember Wissel and the motion was carried on a unanimous voice vote 17 18 APPROVAL OF MINUTES OF SEPTEMBER 3.1996 19 0 Councilmember Hutton moved to approve the minutes of September 3, 1996, second by Councilmember 1 Wissel and the motion was carried on a unanimous voice vote. PRESENTATIONS,iMEMORIALS. REMONSTRANCES.INTRODUCTIONS.MOTIONS.RESOLUTIONS President Allen announced that Curtis Wong and Charles Hyde were on the agenda to talk about trees on 2;6 South 4th Street. Councilmember Elstro commented that neither of the two were notified of the meeting tonight. But, he assured Councilmembers he knew what they wanted to do and he was sure it could be worked out. He added that they want to eliminate a tree causing trouble in the Old Richmond District. He 2,9 said he had spoken to City Attorney Bob Bever about the problem and Councilmember Dickman said both �0 were willing to pay for the tree replacement. 3 1 31;2 Councilmember Lundy said the tree in question is in her district and she had talked with Leslie Ducey of the 3 Street Tree Commission and Gertrude"Lucky"Ward,former member of the Board of Old Richmond, noting 31 that the problem is that the trees were initially put there upon request.Ward was in the audience and came 3 forward explaining that the new linden trees placed there are small leaf linden and linden does attract some 3 aphids which extract a sap which is nothing more than sugar water which is soluble in water not posing a real problem. 3: 3= Ducey said she first heard of the problem was when she read about it in the Palladium-Item which prompted 4, her to take with her Randy Kirk,director of Hayes Arboretum,to speak with Wong.She said Kirk determined 4 the problem was, in fact,with aphids, and they found out that more neighbors want those trees than those 4 who don't want them.She added that since that time Wong has cut on the trees which is a violation of the 4: ordinance and has not approached the Council.She said he has yet to consult with the Street Tree 4, Commission about the problem, adding that once the trees are in they are somewhat like sidewalks,noting 4. that once they have been put in,they are in.She said the lindens are not hazardous,but are healthy and 4:• beautiful, except for the one Wong has been cutting on.She asked Council to put the issue back into the 4 Street Tree Commission's hands. Councilmember Lundy said in all fairness,she thinks the thing to do is 4: contact Wong and Hyde and tell them the appropriate body for them to see is the Street Tree Commission. 51 COMMUNICATIONS FROM THE MAYOR 5 5' Mayor Andrews stated that he had given Councilmembers a packet containing material he had received at 5: the Indiana Association of Cities&Towns conference held the week before in Merrillville. He said it included 5, nine resolutions which he wanted Council to be aware of. He said he attended 10 sessions in three days on 5. various topics and all had been extremely informative. Others in the City who attended all or parts of the 5. conference, he said, were Clerk Norma Schroeder, City Attorney Bob Bever and Planning Director Bob 5' Goodwin. He also noted that before Councilmembers deal with the budget tonight, he wanted to thank all of 5: them, as well as the department heads, for the open communications during this process. 5• 6 6 REPORTS FROM DEPARTMENT HEADS 6' 6• Councilmember Elstro addressed the issue referred to in an article in the Palladium-Item about the Fire 6, Department backing up the ambulance service. He said he thinks it is wrong for the firefighters to do that and 6, it should be discontinued. 2 38 Common Council Minutes Cont'd September 23, 1996 Paget • • 1 Mayor Andrews responded that much earlier in the year, he and Fire Chief Mike Allen had a conversation 2 about this issue and Chief Allen has monitored requests from the ambulance service. He said he,the Mayor, 3 had contacted the ambulance service directly and he is somewhat familiar with the contract with the Coun y, 4 and he encouraged the ambulance service to have some conversation with the Police Chief and the Fi e 5 Chief. He said he knows there has been correspondence between those mentioned and he feels that is is 6 being looked into sufficiently and is confident that they will do what they have to do. 7 8 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 9 10 REPORTS FROM STANDING COMMITTEES 11 12 REPORTS FROM SPECIAL COMMITTEES 13 14 Councilmember Lundy said she had reported a few weeks ago that three of the four houses that tdde 15 Housing Authority had built on North 13th Street had been sold and she was happy to report that the fourth 16 one has also been sold. 17 18 REPORTS FROM ORGANIZATIONS 19 20 Councilmember Wissel reported that the Economic Development Corporation had met September 3 and h d 21 received updates on five new businesses prospecting in the area. He also noted that there had been t o 22 applications for EDIT funds from Indiana Univeristy East and Kitchin & Sons. He said the Corporation h d 23 received updates on five existing businesses and received a letter of resignation from Director Ben Ross, 24 noting that he wil be leaving October 18 to accept a similar position in Georgia. He said the Corporation is 25 continuing negotiations with the City for the State Hospital property. 26 27 President Allen stated that there were two Inducement Resolutions before Council. City Attorney Bob Bev r 28 said Council should add to its list of organizations the newly recreated Economic Development Commissi n 29 which held its inaugural meeting earlier in the month and as a result there are two applications for reven e 30 bonding. 31 32 Bever said they are from Productivity Fabricators and Holland Colors America and both are Induceme t 33 Resolutions which is a preliminary stage and not a final approval for these property owners or manufacture s 34 to secure this type of bonding. He added that this is a tentative approval of the Economic Developme t 35 Commission in what is called Inducement Resolutions and once these are passed, both by the Econo is 36 Development Commission and, if Council chooses, by Common Council, it allows the applicants to start a 37 time running on what expenses can be reimbursed out of the bond proceeds and also allows them to put a 38 reserve on a state wide cap. He stated there is an X-amount of dollars that the state approves each year n 39 this type of funding and this allows them to get in line for that. He added that the Economic Developme t 40 Commission approved both resolutions unanimously following the presentations by the applicants and no it 41 is prudent for the Council to hear from the applicants and determine whether it wishes to join in tho e 42 Inducement Resolutions. He explained that this does not put at risk any City funds or City property, addi g 43 that the City merely performs as a pass through to allow interest in free financing by the applicant for t e 44 project. He said the resolutions are in proper form and both businesses are here tonight to present th:ir 45 project to Council. 46 47 In answer to a question posed by Councilmember Elstro, Bever said the five members on the Commissi•n 48 are Jan Passmore, Ken Paust, Chris Bostock, Ann Fennimore and Bob Gilman. He explained that those 49 appointed by the Mayor are Bostock, Fennimore and Gilman. Passmore, he said, is Council's request, a 50 Paust is the County's. He said they met on September 9 and passed the two resolutions. 51 52 Attorney Bob Delaney, representing Productivity Fabricators and John and Connie Oldham, showed a m p 53 on the proposed facility to be located on a 4-acre plot, measuring 100 feet by 400 feet,at 2302 Flatley Roa . 54 He said the present facility is on North West K and is totally inadequate. Giving some background on t e 55 company, he said it was begun in 1994 with 11 employees and they now have 24, noting that it is growi g 56 fast and projections in three years are that they will add another 20 employees and $450,000 in addition I 57 payroll. He said they will not ask for an ordinance until the bonding authority is released by the state. 58 59 Delaney said this type of economic revenue bond will work like a municipal bond in terms of being tax fr:e 60 and they do have Peoples Loan & Trust guaranteeing no loss to the City for being involved as a sort of 61 conduit for these bonds. . 62 . 63 Councilmember Hutton moved to approve the request, second by Councilmember Parker and the motion 64 was carried on a unanimous voice vote. 65 , . • • • • • 239 Common Council Minutes Cont'd September-28 1-99_G • • 1 Speaking for Holland Colors was Gert-Hein DeHeer, who noted the company has 350 employees worldwide 2 who decide what the company does. He said Holland Colors was formed 20 years ago as a spin off of BASF. 3 He noted they started in the Netherlands but they have companies worldwide which includes this one in 4 Richmond, also in Mexico City, Brazil, United Kingdom, Hungary, Israel, Singapore and Indonesia. He 5 explained that the company makes pigments and pigment dispersions, adding that no matter how bad the 6 economy gets, everybody needs color. He said by April 1, 1997, Richmond will be the center for a new 7 division called Division Americas consisting of divisions out of North and South America. He noted it will also 8 be the center for production and research, adding that the company is happy to be here and likes to work 9 with the City. He said the investment program is about $2 million, stating that the work has already started 10 with a new warehouse and new machinery to be moved in as well as better facilities for the employees. 11 Councilmember Hutton moved to approve the request, second by Councilmember Parker and the motion 12 was carried on a unanimous voice vote. 13 14 MISCELLANEOUS BUSINESS 15 16 President Allen read a letter from Morrisson-Reeves Library suggesting that Kent Klinge of 11 Parkway Lane 1 be selected by Council to fill a vacancy caused by a resignation. Councilmember Hutton so moved, second 18 by Councilmember Dickman and the motion was carried on a unanimous voice vote. 19 20 ORDINANCES 21 22 ORDINANCES ON FIRST READING 23 24 Councilmember Elstro moved to suspend the rules and read Ordinances 93, 94, 95, 96, 97, 98, 99, 100 and 25 102-1996 by title only,second by Councilmember Welch and the motion was carried on a unanimous voice 26 vote. 27 28 ORDINANCE NO.93-1996 29 30 The Deputy Clerk read Ordinance No. 93 - 1996 - AN APPROPRIATION ORDINANCE AMENDING THE 31 1996 BUDGET 32 33 Bob Goodwin explained this ordinance deals with moving money around in the Planning Department which is 34 necessary as a result of reorganization. 35 36 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 93-1996 to second reading 37 and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice 38 vote. 39 40 The Deputy Clerk read Ordinance No.93- 1996 on second reading. 41 42 President Allen declared Ordinance No. 93 - 1996 on public hearing. There being no comments etiher for or 43 against the ordinance, Councilmember Elstro moved for engrossment,second by Councilmember Hutton and 44 the motion was carried on a unanimous voice vote. 45 46 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 93 - 1996 to third and final 47 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous 48 voice vote. 49 50 The Deputy Clerk read Ordinance No. 93-1996 on third reading. 51 52 Ordinance No.93-1996 was adopted on the following call of the roll: 53 54 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 55 Nays:None 56 57 ORDINANCE NO.94-1996 58 59 The Deputy Clerk read Ordinance No. 94 - 1996 - A GENERAL ORDINANCE AMENDING THE CITY OF 60 RICHMOND CODE TO ESTABLISH AN UNSAFE BUILDING COMMISSION 61 62 Assistant City Attorney Steve Rabe explained that this ordinance deals with adding a new Richmond Code 63 98.14 which spells out the establishing of the Commission which includes three members, appointed by the 64 Mayor. He said terms will be one year with no limit. The group will be called the Hearing Authority and will 65 elect a president, vice president and secretary, with the president determining the time, date and place of meetings. 40 Common Council Minutes Cont'd . September 23, 1996 • • • Page-4 • • • • • 1 After brief questions by both Councilmembers Dickman and Stamper, Councilmember Dickman moved to 2 suspend the rules and advance Ordinance No. 94 - 1996 to second reading, second by Councilmem er 3 Wissel and the motion was carried on a unanimous voice vote. Councilmember Stamper stated that he elt 4 the public should have a right to speak to this ordinance and it stayed on second reading. 5 6 ORDINANCE NO.95-1996 7 8 The Deputy Clerk read Ordinance No. 95-1996-A GENERAL ORDINANCE AMENDING SECTION 155.04 9 (B)OF THE RICHMOND CODE 10 11 Assistant City Attorney Steve Rabe explained that the City of Richmond Code now requires a two-thirds vote 12 of Council to override the recommendation of the Plan Commission regarding the vacation or abandonment 13 of public ways or platted lots. This ordinance, he said, would allow Council to override the recommendati n 14 of the Plan Commission with a majority vote. 15 16 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 95- 1996 to second readi g 17 and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice 18 vote. 19 20 The Deputy Clerk read Ordinance No. 95- 1996 on second reading where it was held. 21 22 ORDINANCE NO.96-1996 23 24 The Deputy Clerk read Ordinance No. 96 - 1996 - AN APPROPRIATION ORDINANCE AMENDING T E 25 1996 BUDGET 26 27 Police Chief Bill Shake explained that this is a transfer of funds within the Police Department, deleti g 28 $12,000 from Longevity and adding $2,000 to Other Office Supplies, $2,000 to Laboratory Materials a d 29 Supplies, $2,000 to Other Supplies, and$6,000 to Uniforms and Supplies. 30 31 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 96 - 1996 to second 32 reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimous 33 voice vote. 34 35 President Allen declared Ordinance No. 96 - 1996 on public hearing. There being no comments either for or 36 against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Hutt n 37 and the motion was carried on a unanimous voice vote. 38 39 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 96 - 1996 to third and fi al 40 reading and read by title only,second by Councilmember Lundy and the motion was carried on a unanimo s 41 voice vote. 42 43 The Deputy Clerk read Ordinance No. 96- 1996 on third reading. 44 45 Ordinance No. 96-1996 was adopted on the following call of the roll: 46 47 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (9) 48 Nays:None 49 50 51 ORDINANCE NO.97-1996 52 53 The Deputy Clerk read Ordinance No. 97- 1996-AN APPROPRIATION ORDINANCE AUTHORIZING T E 54 APPROPRIATION OF AN IDEM EQUIPMENT PURCHASE GRANT 55 56 Deputy Controller Ann Cottongim explained the ordinance, stating that with the approval of the grant by t e 57 Indiana Department of Environmental Management for $13,000, the City is now eligible to receive $9,7'0 58 representing 75 percent of the awarded funds. She said this ordinance authorizes the Mayor to appropria e 59 and grant funds on behalf of the City, the remaining $3,250 representing 25 percent of the awarded funds 60 when the City becomes eligible to receive the said funds. She added that all funding received under t is 61 grant-are to be used for the purchase of leaf collection machinery. 62 63 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 97 - 1996 to seco d 64 reading and read by title only, second by Councilmember Wissel and the motion was carried on ,a 65 unanimous voice vote. 241 Common Council Minutes Cont'd — September-25 1-99G Pago 6 1 The Deputy Clerk read Ordinance No. 99-1996 on third.reading. 2 3 Ordinance No.99- 1996 was adopted on the following call of the roll: 4 5 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) / • 6 Nays: None 7 8 ORDINANCE NO.100-1996 9 10 The Deputy Clerk read Ordinance No. 100 - 1996 - AN APPROPRIATION ORDINANCE AMENDING THE 11 1996 BUDGET 12 13 City Controller Shelley Miller explained that this ordinance deals with the transfer of funds within the Parks 14 and Recreation Fund in the Park Department deleting $604.53 from Other Materials and adding it to Other 15 Equipment. 16 17 Councilmember Hutton moved,to suspend the rules and advance Ordinance No. 100 - 1996 to second 18 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimous 19 voice vote. 20 21 The Deputy Clerk read Ordinance No. 100- 1996 on second reading. 22 23 President Allen declared Ordinance No. 100- 1996 on public hearing. 24 25 There being no comments either for or against Ordinance No. 100 - 1996, Councilmember Dickman moved 26 for engrossment,second by Councilmember Welch and the motion was carried on a unanimous voice vote. 27 28 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 100- 1996 to third and final 29 reading and read by title only, second by Councilmember Wissel and the motion was carried on a 30 unanimous voice vote. 31 32 The Deputy Clerk read Ordinance No. 100-1996 on third reading. 33 34 Ordinance No. 100- 1996 was adopted on the following call of the roll: 35 36 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 37 Nays: None 38 39 ORDINANCE NO.102-1996 40 41 The Deputy Clerk read Ordinance No. 102 - 1996 - AN ORDINANCE AUTHORIZING THE CITY OF 42 RICHMOND TO ISSUE ITS "ADJUSTABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, 43 SERIES 1996 (HOLLAND COLORS AMERICAS INC. PROJECT)"AND APPROVING OTHER ACTIONS IN 44 RESPECT THERETO 45 46 Ordinance No. 102-1996 will be on second reading at the October 7 Council meeting. 47 48 ORDINANCES ON SECOND READING AND ENGROSSMENT 49 50 ORDINANCE NO.78-1996 51 52 The Deputy Clerk read Ordinance No. 78 - 1996 - A SPECIAL ORDINANCE AUTHORIZING THE 53 APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR 54 DEDUCTIONS UNDER I.C. 6-1.1-12.1 55 56 President Allen said this ordinance is for Quality Tool & Gage for an estimated value of $85,000 and it had 57 been explained during first reading at the September 3 meeting. She declared Ordinance No. 78 - 1996 on 58 public hearing. There being no comments either for or against the ordinance, Councilmember Dickman 59 60 moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 61 62 Councilmember Wissel moved to suspend the rules and advance Ordinance No. 78 - 1996 to third reading 63 and read by title only,second by Councilmember Dickman and the motion was carried on a unanimous voice 64 vote. 65 The Deputy Clerk read Ordinance No.78- 1996 on third reading. -24 . } • -243 Common Council Minutes Cont'd September 23. 1996 Page-5 1 President Allen declared Oridnance No. 97- 1996 on public hearing. There being no comments either for or 2 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Dickman 3 and the motion was carried on a unanimous voice vote. 4 5 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 97- 1996 to third and final 6 reading and read by title only, second by Councilmember Lundy and the motion was carried on a unanimous 7 voice vote. 8 9 The Deputy Clerk read Ordinance No. 97-1996 on third reading. • 0 1 Ordinance No.97-1996 was adopted on the following call of the roll: 2 3 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 4 Nays:None I 5 6 ORDINANCE NO.98-1996 7 8 The Deputy Clerk read Ordinance No. 98 - 1996 - AN APPROPRIATION ORDINANCE AMENDING THE 9 1996 BUDGET 0 1 Cottongim explained that this ordinance deals with a transfer of funds within the Motor Vehicle Highway Fund 2 in the Street Department,deleting$15,000 from the City Match and adding it to Other Equipment. .3 4 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 98 - 1996 to second 5 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous .6 voice vote. 7 8 President Allen declared Ordinance No. 98 - 1996 on public hearing. There being no comments either for or 9 against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Parker 0 and the motion was carried on a unanimous voice vote. 1 2 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 98 - 1996 to third and final 3 reading and read by title only,second by Councilmember Lundy and the motion was carried on a unanimous 4 voice vote. 5 6 The Deputy Clerk read Ordinance No.98- 1996 on third reading. 7 8 Ordinance No.98-1996 was adopted on the following call of the roll: 9 0 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 1 Nays:None 2 3 ORDINANCE NO.99-1996 5 The Deputy Clerk read Ordinance No. 99- 1996-AN APPROPRIATION ORDINANCE AUTHORIZING THE 6 RICHMOND POLICE DEPARTMENT TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE 7 GOVERNOR'S COUNCIL ON IMPAIRED AND DANGEROUS DRIVING 8 9 Chief Shake explained that the grant awarded is for$6,745 and is for the purchase of a Driving Under the -0 Influence enforcement equipment and the payment of DUI enforcement overtime. He said by passing this 1 ordinance, Council authorizes the Richmond Police Department to accept the grant to be used for its -2 intended purpose. 3 -4 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 99- 1996 to second reading -5 and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice -6 vote. -7 8 The Deputy Clerk read Ordinance No.99- 1996 on second reading. 9 :0 President Allen declared Ordinance No. 99 - 1996 on public hearing. There being no comments either for or .1 against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Hutton :2 and the motion was carried on a unanimous voice vote. :3 :4 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 99 - 1996 to third and final :5 reading and read by titleonly,second by Councilmember Parker and the motion was carried on a unanimous voice vote. i 4 • Common Council Minutes Cont'd September 23,1006 Page 6 - • 1 The Deputy Clerk read Ordinance No. 99- 1996 on third reading. 2 3 Ordinance No.99-1996 was adopted on the following call of the roll: 4 5 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (9) 6 Nays:None 7 8 ORDINANCE NO.100-1996 9 10 The Deputy Clerk read Ordinance No. 100 - 1996 -AN APPROPRIATION ORDINANCE AMENDING THE 11 1996 BUDGET 12 13 City Controller Shelley Miller explained that this ordinance deals with the transfer of funds within the Pa ks 14 and Recreation Fund in the Park Department deleting $604.53 from Other Materials and adding it to Ot er 15 Equipment. 16 17 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 100 1996 to seco d 18 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimo s 19 voice vote. 20 21 The Deputy Clerk read Ordinance No. 100- 1996 on second reading. 22 23 President Allen declared Ordinance No. 100-1996 on public hearing. 24 25 There being no comments either for or against Ordinance No. 100 - 1996, Councilmember Dickman moved 26 for engrossment,second by Councilmember Welch and the motion was carried on a unanimous voice vote 27 28 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 100 - 1996 to third and fi al 29 reading and read by title only, second by Councilmember Wissel and the motion was carried on a 30 unanimous voice vote. 31 32 The Deputy Clerk read Ordinance No. 100-1996 on third reading. 33 34 Ordinance No. 100- 1996 was adopted on the following call of the roll: 35 36 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (9) 37 Nays:None 38 39 ORDINANCE NO.102-1996 40 41 The Deputy Clerk read Ordinance No. 102 - 1996 - AN ORDINANCE AUTHORIZING THE CITY •F 42 RICHMOND TO ISSUE ITS "ADJUSTABLE RATE ECONOMIC DEVELOPMENT REVENUE BOND , 43 SERIES 1996 (HOLLAND COLORS AMERICAS INC. PROJECT)"AND APPROVING OTHER ACTIONS N 44 RESPECT THERETO 45 46 Ordinance No. 102- 1996 will be on second reading at the October 7 Council meeting. 47 48 ORDINANCES ON SECOND READING AND ENGROSSMENT 49 50 ORDINANCE NO.78-1996 51 52 The Deputy Clerk read Ordinance No. 78 - 1996 - A SPECIAL ORDINANCE AUTHORIZING THE 53 APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR 54 DEDUCTIONS UNDER I.C.6-1.1-12.1 55 56 President Allen said this ordinance is for Quality Tool & Gage for an estimated value of $85,000 and it had 57 been explained during first reading at the September 3 meeting. She declared Ordinance No. 78 - 1996 on 58 public hearing. There being no comments either for or against the ordinance, Councilmember Dickman 59 moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous 60 voice vote. 61 62 Councilmember Wissel moved to suspend the rules and advance Ordinance No. 78 - 1996 to third reading 63 and read by title only,second by Councilmember Dickman and the motion was carried on a unanimous voice 64 vote. 65 The Deputy Clerk read Ordinance No. 78-1996 on third reading. f - - 245 • Common Council Minutes Cont'd September 23, 1096 , Papa 7 • • Ordinance No.78- 1996 was adopted on the following call of the roll: Ayes:Elstro, Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (9) Nays:None ORDINANCE NO.79-1996 16 The Deputy Clerk read Ordinance No. 79 - 1996 - A SPECIAL ORDINANCE AUTHORIZING THE 1 APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR 1 DEDUCTIONS UNDER I.C. 6-1.1-12.1 1 1 President Allen said this ordinance is for Kitchin & Son for an estimated new value of $300,000. President 1 Allen declared Ordinance No.79-1996 on public hearing.There being no comments either for or against the 1 ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Hutton and the 1 motion was carried on a unanimous voice vote. 1- 1° Councilmember Wissel moved to suspend the rules and advance Ordinance No. 79 - 1996 to third and final 20 reading and read by title only, second by Councilmember Dickman and the motion was carried on a 2 unanimous voice vote. 2 2 The Deputy Clerk read Ordinance No. 79- 1996 on third reading. 2, 2' Councilmember Elstro explained that he usually does not vote for hotels or office buildings, but he was going 2. to vote for this because the salaries are quite good for these particular five jobs. 2 2: Ordinance No.79-1996 was adopted on the following call of the roll: 2° 3° Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 3 Nays:None 3 3 ORDINANCE NO.82-1996 3, 3• The Deputy Clerk read Ordinance No. 82 - 1996 - A SPECIAL ORDINANCE AUTHORIZING THE 3: APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR 3 DEDUCTIONS UNDER I.C. 6-1.1-12.1 3 3 President Allen explained that this ordinance is for Sanko Petersen Corp. and has an estimated value of 4 $1,920,000 and declared this ordinance on public hearing. Councilmember Wissel moved for engrossment, 4 second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 4 Councilmember Wissel moved to suspend the rules and advance Ordinance No. 82 - 1996 to third and final 4 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous 4 voice vote. 4 4 The Deputy Clerk read Ordinance No. 82-1996 on third reading. 4 4 Ordinance No. 82-1996 was adopted on the following call of the roll: 5, 5 Ayes:Elstro, Lundy,Wissel, Hutton,Dickman, Stamper,Welch, Parker and Allen (9) 5 Nays:None 5 5 ORDINANCE NO.83-1996 5 5 The Deputy Clerk read Ordinance No. 83 - 1996 - A SPECIAL ORDINANCE AUTHORIZING THE 5 APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR 5: DEDUCTIONS UNDER I.C. 6-1.1-12.1 5 66 Councilmember Stamper explained that this ordinance is for Ahaus Tool & Engineering which is purchasing 6 a series of equipment for a total of more than $1,500,000 in order for them to bid on and receive a new 6 series of government contracts along with expanding and continuing their business. He said it will add an 6 estimated eight jobs currently and will allow the company to continue to grow at a similar rate in the future. 6, 6 President Allen declared Ordinance No. 83 - 1996 on public hearing. There being no comments for or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Wissel and the motion was carried on a unanimous voice vote. 2 46 • • Common Council Minutes Cont'd September 23, 1996 Page 8 . • • 1 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 83- 1996 to third and fin I 2 reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimou 3 voice vote. 4 5 The Deputy Clerk read Ordinance No.83-1996 on third reading. 6 7 Ordinance No. 83-1996 was adopted on the following call of the roll: 8 9 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (9) 10 Nays: None 11 12 Councilmember Stamper commented that in this particular case it created somewhat of a hardship on Ahau 13 Tool for Council to wait five weeks to get Council's approval for this abatement because they were waiting to 14 purchase some used equipment. He urged any business applying for a tax abatement and needin 15 Council's action because of a hardship case to relay that to Council and every effort will be made to act upo 16 it during one meeting. 17 18 ORDINANCE NO.85-1996 19 20 The Deputy Clerk read Ordinance No. 85- 1996 -A SPECIAL ORDINANCE OF THE COMMON COUNCI 21 OF THE CITY OF RICHMOND, INDIANA DETERMINING THE AMOUNT OF ASSISTANCE TO BE PAI 22 TO THE URBAN ENTERPRISE ASSOCIATION OF RICHMOND, INC. BY ZONE BUSINESSE 23 RECEIVING A CREDIT UNDER I.C.4-4-6.1 24 25 President Allen commented on a letter received from Rabe as a clarification on this ordinance 26 Councilmember Elstro asked Rabe if he had stated that there is no such procedure to put this into effect 27 Rabe answered that what he said is there is no procedure currently to disqualify businesses and that is th 28 issue of this ordinance. Councilmember Hutton commented that this used to go to the state, then the 29 decided to let the local people do it instead. She added that this will all be done here in the City 30 Councilmember Wissel asked if the disqualification procedure is only for those who did not pay their 2 31 percent and Rabe answered that was correct. 32 33 President Allen declared Ordinance No. 85 - 1996 on public hearing. There being no comments either for o 34 against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Dickma 35 and the motion was carried on a unanimous voice vote. 36 37 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 85- 1996 to third and fina 38 reading and read by title only, second by Councilmember Dickman and the motion was carried on - 39 unanimous voice vote. 40 41 The Deputy Clerk read Ordinance No. 85- 1996 on third reading. 42 43 Ordinance No. 85- 1996 was adopted on the following call of the roll: 44 45 Ayes:Elstro, Lundy,Wissel, Hutton,Dickman, Stamper,Welch, Parker and Allen (9) 46 Nays:None 47 48 Councilmember Hutton commented that there were representatives of the Urban Enterprise Zone in th 49 audience. 50 51 52 ORDINANCE NO.86-1996 53 54 The Deputy Clerk read Ordinance No. 86 - 1996 -AN APPROPRIATION ORDINANCE TO BE KNOWN A 55,. THE 1997 BUDGET 56 ' 57 Mayor Andrews said included in packets he had given to Council was a three-page sheet entitled"97 Budge 58_.. Worksheet,"which contained budget reductions. He explained that the first two pages represented $302,355 39 of cuts or reductions identified from the 1996 budget that will be dealt with later in a reduction ordinance to 60 identify money available as revenue for 1997. He added that the last page represents additional budget cuts 61, from-the 1997 budget in the amount of approximately $200,000 itemized as eliminating the position o 62 Assistant Superintendent of Parks and associated benefits and eliminating accumulated capital improvemen .3 project of$68,000 for Firehouse No. 1 which will enable that amount of money to be used as revenue for the' .4 general fund and eliminating $90,000 which is the amount saved as a result of the pending sale of Carpente ' .5' Manufacturing. 247 Common Council Minutes Cont'd September 23, 1996 Rago 9' ' , 1 In an effort to clarify that pending sale, Mayor Andrews explained that there was closer to $400,000 in the i budget and the reason the $90,000 savings will be realized next year is because when the budget is prepared it would have anticipated expected revenues supposed to come in that would not by virtue of the maintenance schedule of this year and the year after, receive rent payment, and would not receive any. He said these total amounts for both additional cuts are recommendations that are being presented to Council which could amend the budget if Council so chooses and in combination with the amount of money being available for general revenue and for reductions ordinance later would balance the budget and also allow Ordinance No. 89 to be discussed later to be evaluated on its own merits completely independent of any consideration that relates to balancing the budget. 1 1 Councilmember Hutton questioned the City Match for Transit, asking how that can be reduced. Miller 1 ' answered that this is a potential area and as the year progresses and we see what the exact expenses are 1: they incur, additionally will see what type of revenue they receive from fares, we can reduce the amount that 1 is needed to match with the state in federal funds. 1. 1• President Allen declared Ordinance No.86- 1996 on public hearing. 1' 1: Speaking in favor of the ordinance was Todd Knight, executive director of the Neighborhood Services 1 ' Clearinghouse, stating that the Board and Neighborhood Associations support the 1997 budget and are 20 hoping they will receive the same commitment for the Urban Enterprise Association of$25,000 for 1997. 2 2 Jim Kennedy of 29 South 10th Street said he wished to offer a comment on the $2 million proposed on 2 replacing the Promenade. President Allen said that is not in the budget. 2 2 Councilmember Elstro moved for engrossment but Councilmember Lundy asked where all of these 2' reductions leaves the budget. Miller answered that these are recommendations for Council to act upon. She 2 said if these reductions are made the budget would be $302,355 out of balance from where it should be to 2: ensure that it doesn't affect the operating balance in any adverse way. She added that the remainder of the 2° $300,000 can be identified through the attachment Council has or throughout the next month when the City 3o presents to Council a budget reduction to reduce the 1996 budget allowing those funds to be used in 1997 to 3 support the appropriations at that point. Miller said it would then be in a balanced condition to take to the 3 State Tax Board. President Allen said Council will receive that reduction ordinance later, adding that 3 Ordinance No.86-1996 will stay on second reading. 3 3 ORDINANCE NO.87-1996 3w 3 The Deputy Clerk read Ordinance No. 87- 1996 -AN APPROPRIATION ORDINANCE TO BE KNOWN AS 3: THE 1997 SALARY ORDINANCE 3° 4° Miller explained that being distributed among Councilmembers is the amended copy of the 1997 salary 4 ordinance, noting that as the• process is continues there are some areas of change. She said in further 4• discussion with department heads, she is recommending now that the ordinance be amended to the copy distributed to them tonight. 4 4' Noting the changes, Miller called their attention to page 2 where a column has been added which breaks 4: down salaries to an hourly wage for those who are hourly employees.And, in combination with that, she said 4` is a slight change in the final paragraph which is for additional compensation and refers to overtime and 4 compensation. She said it clarifies the ordinance so there is no misunderstanding in comp time and overtime 4° which can be paid to the employees.On page 3,she said,there are some changes within Section 13, noting 50 the Department of Public Works and Engineering, the director has requested some changes based on a 5 change in responsibility moved from one employee to another. She added that it has no effect on the 5. appropriation and no change in the total dollars for the 1000 series in his account. She said she also inserted 5 the compensation to be paid to the Aviation Board. 5, 5- The final change, Miller said, is on the last page where it refers to temporary' and part time help. She said the 5: State Board requested that we include some type of reference to that so they can determine what those 5 employees would be paid. 5: 5', Councilmember Elstro moved to amend Ordinance No. 87- 1996 as presented, second by Councilmember 6i Welch and the motion was carried on a unanimous voice vote. 61 6- In answer to a question posed by Councilmember Hutton, Miller said the position of Assistant Superintendent 6 of Parks and Recreation is being left in the salary ordinance but not being funded by appropriations. 6, 6- Councilmember Elstro moved to suspend the rules and advance Ordinance No. 87 - 1996 to third and final reading and read by title only,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 248 • Common Council Minutes Cont'd September 23, 1996 Page 10 •• 2 • . 3 The Deputy Clerk read Ordinance No. 87-1996 on third reading. 4 5 President Allen declared Ordinance No. 87- 1996 on public hearing. There being no comments either for or 6 against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Els ro 7 and the motion was carried on a unanimous voice vote. 8 9 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 87 - 1996 to third and final 10 reading and read by title only, second by Councilmember Hutton and the motion was carried on a 11 unanimous voice vote. 12 13 The Deputy Clerk read Ordinance No. 87- 1996 on third reading. 14 15 Ordinance No.87-1996 was adopted on the following call of the roll: 16 17 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 18 Nays:None 19 20 ORDINANCE NO.88-1996 21 22 The Deputy Clerk read Ordinance No. 88 - 1996 - AN APPROPRIATION ORDINANCE FIXING THE 23 ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1997 24 25 Councilmember Dickman moved to amend the ordinance to reflect the 8 members of Council and 8 26 members of the RP & L Board which would make it 9 total for each, second by Councilmember Welch and 27 the motion was carried on a unanimous voice vote. 28 29 Bever pointed out that this cannot be acted on tonight because there is a separate published notice that has 30 to be done which means it can just be for second reading and for public hearing. 31 32 President Allen declared Ordinance No. 88 - 1996 on public hearing. The ordinance stays on seco d 33 reading. 34 35 ORDINANCE NO.89-1996 36 37 The Clerk read Ordinance No. 89 - 1996 - AN APPROPRIATION ORDINANCE REQUESTING T E 38 RECOVERY OF COSTS REGARDING THE FURNISHING OF WATER FOR PUBLIC FIRE PROTECT! N 39 PURPOSES 40 41 Mayor Andrews said this ordinance can be treated on its own merit independent of any budget balanci g 42 exercise and if Council passes this it will be reducing $500,000 from the tax side of our budget in spendi g 43 and among the things that were looked at initiating this was merely evaluating the spending in the first plac . 44 He said the City has operated under the presumption that it could not change this until somebody else di , 45 and that still is not known, but the information received as it was questioned that it was for fire hydrants a-d 46 it was learned early on the majority of the money is for water line. Some would say rental, he said, but e 47 would say maintenance. He added that the attachment of the fire hydrants to the general water delive 48 system that services all the City is secondary to the fact the lines are there to serve everything generally. 49 50 The Mayor said he would like to make a couple of points in relation to the rate structure, noting that if it is 51 taken off,the taxes it would go to the rate structure because the water company has a billing system that is 52 fully capable of collecting whatever cost they are entitled to collect as a part of the rate structure. It wou d 53 then be scrutenized as it seems like it ought to be, he said, by the Indiana Utility Regulatory Commission 54 since it is a fair amount of tax money. He said the common one theme at the Indiana Association of Cities& 55 Towns conference was the system itself that governs City government in Indiana where we can presu e 56 and be suspicious that our expenditures are not efficient or effective if the City has problems in relation o 57 finance, spending money at levies that aren't needed or have too many employees. To some degree th:t 58 could obviously be the case, he said, stating that next year we are going to be evaluating some of tho-e 59 things and making some difficult decisions. 60 61 He said he feels comfortable in proposing this change from the standpoint that this amount of money s 62 goingto'a private utility, it doesn't seem like this is the way it ought to be. He said he knows there are so ''e 63 opposing views, but to date he still has to talk to anyone who knew this was on their city tax in the first plat:. 64 The other side of the coin, he said, is understanding it would actually come off the tax if whatever th.t 65 amount was put in the water bill. He said the people he talked to thought they were already paying for t e service. • 249_ Corse ton-Gounc- Hfmtrt-es-e t'd -eptembeer 23-1996 • Page 1 1 • • Mayor Andrews said two things are being accomplished and that is the public has a better idea of what they are paying for and if they do continue to pay for this with tax money they will be making that choice willfully. In any case, he added,the budget is balanced and if this were to be passed, it would be a reduction of taxes. He noted the balanced budget includes the $500,000 paid to the water company next year and if Council chooses to pass this ordinance they will be deleting that amount from the budget and deleting it from the tax roles. He said the customers will not be paying for it in their taxes if it is deleted. Councilmember Parker ° stated that the amount will be collected, but by the water company in its rate, and that means for the person 10 who is a taxpayer they will no longer be paying for this on their taxes but will pay for it as a consumer of 1 water and it will be included in their water bill. 1 • Councilmember Dickman asked how would they allocate the cost on the water bills and would it be prorated 1, by the usage of the water. Mayor Andrews said the part of this that people would inquire about is the cost 1 and that is not going to disappear because it is taken off the taxes, but would become collected as a user 1. fee. Bever said the cost is based on the size of the main and residential customers are on a smaller main so 1 : would pay a smaller amount. 1: 1° Councilmember Lundy said in the Committee of the Whole meeting there were questions asked about how 20 the IURC determines an amount to be paid.She said if the water company adds money onto the bills and the 2 customer pays$2.69 and after it is taken off the tax roles there is nothing to say they can't put it right back on 2 which would mean the customers would still be double taxed. She said she felt Council needs some more 2. answers before going on with this. Bever responded that according to the IURC it is the size of the main and 2. no other costs are allowed because they are not allowed to charge any other costs. She said that in her 2' district the people are concerned about the monthly bill they will be required to pay, noting that many are on 2° fixed incomes. 2 2: Councilmember Hutton asked if this ordinance has to be passed tonight and Bever replied that the effective 2° date shown on the ordinance is January 1, 1997 and he feels the IURC and the water company would want 30 time to change their billing so,to pass this on December 20 would be a problem. Councilmember Welch said 3 since this now does stand alone every courtesy should be given to the water company by thinking of passing 3: this as soon as possible so they can take the necessary steps to go to the IURC and get this adopted into 3 their rates. Bever agreed,saying that as far as the budget is concerned if this ordinance is not passed tonight 3. Council would have to present to the State Board of Accounts a budget that includes that $500,000 which 3 includes a higher tax rate and would have to go back and amend that you the $500,000 expenditure was 3° taken out later. He added that, because of that, if Council wants to take that expenditure out which would 3 reduce the monies needed which would reduce the taxes, it would be done now. 3: 3' Councilmember Wissel said he agreed with the Mayor, noting that courtesy should be extended to the water 4® company. President Allen said she heard from a constituent who thinks it should stay on the tax roles 4 because in the 1994 report there were 29 percent of the people who itemized deductions so that means 4 there is$150,000 of itemized deductions these people don't have.So, if 2/3 of these are homeowners,that is $100,000 they are still going to have to pay out at the 28 percent tax bracket.The person,she said,feels we are sending$28,000 to Washington instead of keeping it in our community. 4' 4: President Allen declared Ordinance No. 89-1996 on public hearing. 4 4: Speaking against the ordinance was Sue O'Conner of 1431 South 14th Street. She said she understood 4' what the City is trying to do, but feels the water company is greedy and will come back and raise the fees. 5, She said she wants a safeguard that they won't come back next year and double the amount.President Allen 51 said she felt Bever answered that, noting the state statute would not allow them to raise that once it is set by 5- the IURC. Mayor Andrews said the water company is not doing anything nor is the City that is not prescribed 5 by law, adding that this is the way it is done throughout the state. He said municipalities who are in good 5. shape financially are not evaluating how the money is spent, but those with limited budgets which includes 5- the tax dollars they have to work with are. He added that the water company will get the same income either 5: way. O'Conner asked about the charge and Bever said it will not be based on the usage for this particular 5 surcharge but will be distributed among all its customers and his best estimate is that it will cost the customer 5:, an average of$2 per month. • 5• 6. Also speaking against the ordinance,was Charlene Barnes of 529 Pearl Street,who said she lives in a rental 61 property. She said her landlord owns three properties and her house has well water so she will be getting a 6- tax break on her properties and the renters will have to pay for that. She said the landlords will be making out 6 good and she feels it will not be fair to the renters. Councilmember Dickman commented that the pipe is in 6. the ground to serve the residents in the homes as well as the'people who own their own homes. He added 6- that this is a change for everyone to pay a little bit for this service. Councilmember Wissel moved for engrossment, second by Councilmember Welch and the motion was carried on a unanimous voice vote. 250:- • • Common Counci l Minutes Cont'id Septembe,p-2—4-9-96 • Page-12 • • • • 2 • 3 Councilmember Welch moved to suspend the rules and advance Ordinance No. 89 - 1996 to third and fir al 4 reading and read by title only, second by Councilmember Wissel and the motion was carried on a 5 unanimous voice vote. 6 7 The Deputy Clerk read Ordinance No. 89-1996 on third reading. 8 9 Ordinance No. 89- 1996 was adopted on the following call of the roll: 10 11 Ayes:Wissel, Dickman, Stamper,Welch and Allen(5) 12 Nays: Elstro, Lundy, Hutton and Parker(4) 13 14 ORDINANCES ON THIRD READING 15 16 There were none. 17 18 UNFINISHED BUSINESS 19 20 President Allen announced that the next meeting will be at 7:30 p.m. Thursday, September 26, 1996 in the 21 Council Chambers where only the 1997 budget ordinance will be discussed. 22 23 ADJOURNMENT 24 25 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 26 27 28 29 30 31 32 33 Geneva"Gene"Allen, President 34 35 36 37 38 39 ATTEST: 40 Myra Miller, Deputy Clerk 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