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HomeMy Public PortalAbout09-03-1996 • 225 PROGEEBfNGS QF-19 . -eOMMON-COVNCIIyLy-OF I��y�® R1i•-••�TJi' D. INDI1'9•� LVV • '�LL1LA�B 3. •996 The Common Council,of,the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday, September 3, 1996, in the Council Chambers in said City. President Geneva"Gene"Allen presided with the following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally"" Hutton, Robert Dickman,Alan Stamper, Bing Welch and Larry Parker.The following business was had to-wit: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER HUTTON 1 a ROLL CALL 1 1 Nine present. 1 1, President Allen welcomed Boy Scout Troop No. 95 to the meeting. 1. 1: APPROVAL OF MINUTES OF AUGUST 19.1996 1 1: Councilmember Hutton moved to approve the minutes of August 19, 1996, second by Councilmember 1• Parker and the motion was carried on a unanimous voice vote. 21 2 I PRESENTATIONS.MEMORIALS. REMONSTRANCES,INTRODUCTIONS.MOTIONS. RESOLUTIONS 2- 2 Keith McGathy, recently retired executive director of the Housing Authority of Richmond, introduced the new 2• director, Maxcine Bragg. Mary-Anne Thompson,vice chairman of the Housing Authority, read a letter stating 2-, the past performance of.the Housing Authority under McGathey's direction. She said he provided hundreds 2: of Richmond citizens with safe,clean and affordable housing and made the Housing Authority the envy of 2 housing officials around the country. 2: 2• She said 20 years ago the local Housing Authority had 72 new houses built with federal funds and leased to 31 tenants who otherwise could have had no hope of owning a home of their own.A part of each monthly 3 I payment held in an escrow account,she said,was to be used some day for a down payment on a house.As 3- McGathey retired,she said, 64 of those homes have been sold to their tenants with only 8 remaining. She 3 further stated that that was the goal of the Turnkey 3 program and nowhere else in the country has it worked 3• so quickly and so successfully.She presented McGathey with a plaque in appreciation for his work. 3- McGathey thanked Board members for their support and, at the request of Councilmember Lundy who is the 3: liaison between the Council and the Housing Authority,introduced each of the Board members individually. 3 3 Councilmember Parker asked members of the Boy Scout troop to step forward and introduce themselves 3 individually so the television cameras could record their visit and so their parents and the viewing audience 4 could see them. 41 4 COMMUNICATIONS FROM THE MAYOR 4 Mayor Dennis Andrews explained the information he had distributed to Councilmembers, noting that he had 4 given them an overview which was dated today, with attachments, concerning the budget cuts that have 4 been made as a consequence of the Committee of the Whole meetings and discussions between his office, 4 the City Controller and the department heads. He said the sheet attached itemizes $283,659 in additional 4 budget cuts and $215,000 in additional revenues identified by the City Controller through additional research 49 in the past few weeks. 5 51 He noted that a second paragraph in that correspondence speaks to the question of fire hydrant fees that the 5 City presently collects on tax and remits to the Indiana-American Water Co. He added that he would like for 5 the City Attorney to speak to Council about the current status of that proposal. He noted that should there be 54 an implementation of that change over that amount of money in combination with the cuts identified and the 55 additional revenues it would balance the budget. He added that if that does not prove to be the case and if 561 this body decides not to pursue that for any number of reasons there would obviously be an additional 5 one-half million dollars of work to do in relation to the budget. He said the other attachments identify the 58 specific areas where cuts were made in the departments. 59 60 The Mayor said the next page lists the adjustments to the revenues, noting that when the City Controller 61 presents the budget ordinance she can respond to these. He said the second correspondence is a renewal 6 of a previous request, that being an emergency transfer of funds and should this be granted it would allow 63 the City to purchase,for the first time in two years, emergency services vehicles for police and fire. However, 6,1 he said, it this is not granted the City will be waiting another third year and not be able to make the needed 65 purchases. • 2 26 Common Council Minutes Cont'd September 3, 1996 Page 2 1 The Mayor said two points which most consistently are raised,the first being that the need is not someth g 2 that is in dispute and the second is that the transfer should only occur if it has no adverse impact to the uti ity 3 and that is Council's decision to make. However, he said, the third is that there is no precedent being se in 4 the event there is a transfer, adding that it will not be an annual happening. The third correspondence, e 5 Mayor said, is a letter issued today from his office to the department heads expressing his appreciation or 6 finishing all those preliminary stages in an open and constructive budget process. 7 8 Giving an update on this section, Bever said it relates to Ordinance No. 89 which is the fire hydr nt 9 ordinance. He said that in the past it has always been a specific line item in the City's budget costing ab ut 10 $500,000 which was stated in the letter. He said there is a statute which allows a municipal government to 11 option out of paying that directly by sending a notice to the water utility requesting that in lieu of the comp ny 12 billing the City directly that they pass the cost on to all the customers within its area. He added that t e 13 statute has some gray language and it talks about the largest municipality in that utility passing such n 14 ordinance before the other municipalities in that utility are allowed to pass it. 15 16 Bever said he had spoken with the Indiana-American Water Company's legal counsel who had spoken th 17 the company's president and they are willing not to contest the City's attempt to go to the utility commission. 18 He said they would be willing to treat that statute as such that in lieu of requiring it to be the largest city in 19 the entire utility's servicing area that if that utility has district areas and there is a Richmond District area of 20 the Indiana-American Water Co.,that they would not contest that reading. They agreed that they thought tie 21 commission would allow such an ordinance to take effect. 22 23 Bever said he spoke with Muncie last week and they had discussions about this but said it would be the eid 24 of the year before they would be able to do this. Bever said if Council chooses to pass this ordinanc it 25 would then be taken to the utility commission without waiting on Muncie. President Allen asked if it would e 26 wise to take it to the Committee of the Whole meeting and Bever answered that to be consistent with t e 27 budget, which has to be passed by September 30, it would take effect January 1 of the new calendar ye r. 28 Mayor Andrews said the advantage of having a Committee of the Whole meeting just on this subject wo Id 29 be to better explain to the public exactly what the consequence of this change would be, noting that t e 30 more discussion there is about this, the better, and adding that the City is looking for ways to save doll rs 31 and sustain basic City services. 32 33 Councilmember Stamper said if the issue of the$400,000 from RP & L could be discussed at the same tine 34 perhaps someone could explain more fully what the City is going to do with the money. He also asked what 35 would happen if the City did not get the$500,000. The Mayor said the only reaction he would have to that is 36 that there is a personalized aspect to this that cannot be escaped and that is it would mean cutting jobs 37 which would mean substantial personnel losses. He said the budget was presented to Council based u•on 38 what the administration's budget priorities were and that is to restore the health of the general fund, not o 39 have our employees make less money next year than they did last year and restore the City's ability to bi y 40 emergency services capital equipment. He added that if it does not work out to pursue this avenue th-n 41 those cuts will have to be made. 42 43 REPORTS FROM DEPARTMENT HEADS 44 45 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 46 47 The minutes of the August 8 and August 15, 1996, meetings were in the Council packets. 48 49 REPORTS FROM STANDING COMMITTEES 50 51 REPORTS FROM SPECIAL COMMITTEES 52 53 REPORTS FROM ORGANIZATIONS 54 55 MISCELLANEOUS BUSINESS 56 57 Councilmember Dickman moved to appoint Jan Passmore to the Economic Development Commission 58 through December 1998, second by Councilmember Wissel and the motion was carried on a unanimo s 59 voice vote. 60 61 ORDINANCES 62 63 ORDINANCES ON FIRST READING 64 65 Councilmember Elstro moved to suspend the rules and read Ordinances 78, 79, 81, 82, 83, 84, 85, 86, 8r, 88, 89, 90, 91 and 92- 1996 by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. • Common Council Minutes Cont'd I September-3 4906 Pago 3 1 ORDINANCE NO.78-1996 2 3 The Clerk read Ordinance No. 75- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A 4 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 5 6-1.1-12.1 6 7 Councilmember Stamper explained the tax abatement was for Quality Tool and Gage, Inc. for new 8 manufacturing equipment for 10 years with an estimated new value at$85,000. He moved to hold Ordinance 9 No. 75 - 1996 on first reading and have it evaluated by the Tax Abatement Committee, second by 10 Councilmember Elstro and the motion was carried on a unanimous voice vote. 1 2 ORDINANCE NO.79-1996 3 4 The Clerk read Ordinance No. 80- 1996- A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A 5 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 16 6-1.1-12.1 17 18 Councilmember Stamper explained that this tax abatement is for Kitchin & Son, Inc. for real estate over 10 19 years and has an estimated new value of $327,000. He moved to hold Ordinance No. 79 - 1996 on first -0 reading and evaluated by the Tax Abatement Committee, second by Councilmember Dickman and the -1 motion was carried on a unanimous voice vote. -2 -3 ORDINANCE NO.81 -1996 -4 5 The Clerk read Ordinance No. 81 - 1996 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR -6 REAL ESTATE SOUTH OF THE WHITEWATER RIVER, IN THE 2500 BLOCK OF NEW PARIS PIKE `7 I I -8 President Allen announced Ordinance No. 81 - 1996 would go to Planning. Answering a question posed by -9 Councilmember Hutton, Bob Goodwin, director of planning, came forward to explain that it is a request for 0 rezoning to allow the building of a house. He noted that the hearing on this ordinance will be September 24 1 before the Planning Commission. 3 ORDINANCE NO.82-1996 4 35 The Clerk read Ordinance No. 82- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A 3;6 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 37 6-1.1-12.1 38 3;9 Councilmember Stamper explained that this tax abatement is for Sanko Peterson Corporation for new 40 manufacturing equipment over 10 years and is for an estimated new value of $1,920,000. He stated further 411 that the company is looking at $350,000 for real estate improvements and $1.9 million in added machinery. 4p He moved to hold Ordinance No. 82 - 1996 on first reading for review by the Tax Abatement Committee, 43 second by Councilmember Parker and the motion was carried on a unanimous voice vote. Councilmember 414 Elstro stated that there was no need to make motions on all of these since they will automatically come back 45 on second reading. 416 417 ORDINANCE NO.83-1996 , 4 ' . 4 The Clerk read Ordinance No. 83- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A ISTATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 5 5 Councilmember Stamper explained that this tax abatement is for Ahaus Tool & Engineering, Inc. and is for 5 new manufacturing equipment over 10 years with an extimated new value of$1,562,000. Ordinance No. 83- 5 1996 was held on first reading. 56 5 ORDINANCE NO.84-1996 5 5 The Clerk read Ordinance No. 84 - 1996 - A SPECIAL ORDINANCE AUTHORIZING THE SUBMITTAL OF 6 THE HOUSING DEVELOPMENT FUND APPLICATION TO THE INDIANA HOUSING FINANCE 6 AUTHORITY 6 . 6 Clay Miller of the Finance Department explained that Ordinance No. 84= 1996 is a grant being applied for 6, through funds in the Revolving Loan Fund program to continue housing development. He said the money 6• would provide low interest loans to homeowner-occupied persons within the City.. 2 at • Common Council Minutes Cont'd • September 3, 1996 ago 4 1 2 Councilmember Parker asked what balance that would leave in the fund. Miller said there is about $24,030 3 which the City would use to match along with matching money from some of the other funds as well. e 4 explained there are two differenct kinds of programs. One is primarily for businesses and the other is or 5 houses and they are completely separate from one another. He said the money for housing comes from t e 6 Department of Commerce and the Housing Finance Authority. He added that the original money was a gr nt 7 and it is recaptured and the principal and interest payments on the original loans go back into the programs 8 and the money is reloaned with those funds. It works the same with the business program, he said. 9 10 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 84 - 1996 to second 11 reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimous 12 voice vote. 13 14 The Clerk read Ordinance No.84-1996 on second reading. 15 16 President Allen declared Ordinance No. 84- 1996 on public hearing. There being no comments either for or 17 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton 18 and the motion was carried on a unanimous voice vote 19 20 Councilmember Elstro moved to suspend the rules and advance Ordinance NO. 84- 1996 to third and fi al 21 reading and read by title only,second by Councilmember Lundy and the motion was carried on a unanimo s 22 voice vote. 23 24 The Clerk read Ordinance No.84-1996 on third reading. 25 26 Ordinance No. 84-1996 was adopted on the following call of the roll: 27 28 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (9) 29 Nays: None. 30 31 ORDINANCE NO.85-1996 32 33 The Clerk read Ordinance No. 85- 1996-A SPECIAL ORDINANCE OF THE COMMON COUNCIL OF THE 34 CITY OF RICHMON, INDIANA DETERMINING THE AMOUNT OF ASSISTANCE TO BE PAID TO T E 35 URBAN ENTERPRISE ASSOCIATION OF RICHMOND, INC. BY ZONE BUSINESSES RECEIVING A 36 CREDIT UNDER I.C.4-4-6.1 37 38 Assistant City Attorney Steve Rabe explained Ordinance No. 85 - 1996, noting that any business locat d 39 within the Enterprise Zone is eligible fo'r tax credits under Indiana Law which states this Council may pass an 40 ordinance specifying any business receiving these benefits pay a certain portion of those benefits to the 41 Urban Enterprise Association to help run their program. He said he distributed a revised Ordinance No. 8 - 42 1996 prior to this meeting in which he made one change and corrected a typographical error. It states that 43 any business receiving these tax credits would pay 25 percent to the U.E.A., noting that this number is of 44 fixed by state law but it is up to the City Council to do that. He added that the 25 percent was suggested y 45 the U.E.A. He said the change is that if a business does not pay this portion to the U.E.A. they can be 46 disqualified from receiving future tax benefits and that would require a disqualification ordinance be passed 47 by Council. The change made the disqualification ordinance be put together by the U.E.A. attorney rathsr 48 than the City Attorney which would be more appropriate but it would also be subject to change by the City 49 Attorney's office. 50 51 Councilmember Welch asked how many businesses currently are receiving tax abatement or tax reduction in 52 the Enterprise Zone and asked if they had been notified by correspondence of this proposed ordinance. 53 Councilmember Hutton pointed out that the only change is that the disqualifications no longer go through t e 54 state channels but it is all done locally.She added that the percentage stays the same. 55 56 Walt Chidester, attorney for the Urban Enterprise Association, stepped forward and explained that when this 57 was firstlestablished it was voluntary but that was short lived. He added that the 25 percent had been in 58 effect the past 10 years. He said the ordinance is designed•to specifically talk about giving back to the local 59 communities the authority to decertify the businesses who fail to pay the money under the statute. He add d 60 that there are quite a few guidelines and procedures to follow prior to decertifying the business. 61 62 Chidestar said the 25 percent collected has, in recent years, gone for activities within the community, many 63 of which:have been reported in the local newspaper. He said these include some of the work to the depot, 64 the Atlas building and the farmer's market as well as working with loans for existing businesses within the 65 Enterprise Zone. In answer to a question posed by Councilmember Stamper, Councilmember Hutton sa d there is a balance of $100,000 in the business loan fund and $50,000 in the checking account. She add:d that the U.E.A. is funding a lot of educational grants for residents of the Enterprise Zone and she said t e businesses also get tax credits for hiring these residents. Chidestar said the purpose of the U.E.A. is to oo into the depressed areas and try to help both residents and the businesses. Ordinance No. 85 - 19.6 remained on first reading. . • 231 Common Council Minytes Cbnt'd September 3, 1996 1 Page-5 • • 2 ORDINANCE NO.86-1996 3 4 The Clerk read Ordinance No. 86 - 1996 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 5 1997 BUDGET 6 7 President Allen said Ordinance No. 86 - 1996 would be held on first reading. City Controller Shelley Miller 8 explained that the packets contained the required forms for the State Board of Tax Commissioners.She said 9 there are three required forms for each fund, noting there is a financial statement for each, noting that the 10 City is budgeting for an 18-month cycle. She said in the near future the budget will be advertised, which is a 11 required step, and after that there will be a public hearing which will take place September 23 followed by 12 another on September 26 in which it is hoped Council will approve the requested budget. Council agreed that 13 Miller need only to provide them with a final budget as long as Councilmembers are being kept abreast of 14 what is going on. Miller suggested that her office provide Councilmembers with a list of the transfers which 15 take place each month in the departments.Councilmember Dickman suggested that an additional column be 16 added which notes it is a revised budget. 17 18 ORDINANCE NO.87-1996 19 0 The Clerk read Ordinance No. 87 - 1996 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 1 1997 SALARY ORDINANCE 212 President Allen said this ordinance will be held on first reading. Bever said that by law the salary ordinance for appointed employees needs to be set prior to September 30 for the ensuing budget year. He said Councilmember should have the copy of the ordinance that has "Revised" on it and it shows the current 26 maximum bi-weekly salary, the across the board 2.9 percent, the maximum bi-weekly salary and the 217 maximum annual salary. He said the budget is based on the maximum annual salary for each department 8 and there are only a couple or three isolated incidents where the salary increase is greater than the 2.9 )19 percent. 30 3111 Responding to a question posed by Councilmember Hutton, Mayor Andrews explained why the Grants 33 Administrator was changed from 2.9 percent to 12 percent, noting that the person in that position took on 3 additional responsibilities for the Revolving Loan Fund and this also brings his salary to an equal level with 314 an accountant level position within the finance department and those dollars are covered by the Revolving 3p Loan Fund put in the General Fund and appropriated back. Another position, that of airport manager was 36 changed from a 2.9 percent to 10 percent, and the Mayor said it is reflective of the organizational change at 37 the first of the year, noting that previous to that the director of transportation and director of public works had 3i8 served on the airport board and had the responsibility to oversee the operations at the airport. He added that 3,9 at the first of the year when those two positions were no longer there, those responsibilities fell to the I4 operations person at the airport. The other position which was changed from a 2.9 percent to a 10 percent was the office manager at the Street Division, the Mayor said, noting that it is actually an administrative assistant grade and there are a variety of reasons for that adjustment. Councilmember Lundy asked why the pay of the senior citizen building superintendent was reduced so much and the Mayor responded that it was a result of a retirement and a re-classification of some duties and the combination of a new person being brought into that position. Bever said all are entitled to the same fringe 4 benefits set forth within the City's policy manual.Ordinance No. 87-1996 remained on first reading. 4 ORDINANCE NO.88-1996 5 The Clerk read Ordinance No. 88 - 1996 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL 5 COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1997 56 5- Bever explained that to be consistent he broke these salaries down to bi-weekly and annual salaries. There 5• was some discussion about the number of Councilmembers and RP & L Board members on the ordinance 5• and all finally agreed that the number 7 should be changed to 8. President.Allen said this ordinance would 5r remain on first reading. 5: 5- ORDINANCE NO.89-1996 61 6 The Clerk read Ordinance No. 89- 1996-AN APPROPRIATION ORDINANCE REQUESTING THE 6• RECOVERY OF COSTS REGARDING THE FURNISHING OF WATER FOR PUBLIC FIRE PROTECTION 6: PURPOSES 6, I . . 6• Bever said if Council chose to adopt this ordinance he would send it immediately to the Indiana-American Water Company which would be ready for it and would take it before the utility commission without objection and see what the commission does, given the wording of the statute. Councilmember Dickman set the Committee of the Whole meeting to discuss the issue of the fire hydrants for 7:30 p.m.Tuesday, September 10 in the Council Chambers. 0 2 1 . • • • • Common.Council Minutest Cont'd • ;eptember3 -996 Pago 6 • • • • 1 • 2 ORDINANCE NO.90-1996 3 4 The Clerk read Ordinance No. 90 - 1996 - A GENERAL ORDINANCE SETTING FORTH THE REQUIR:D 5 PROCEDURE REGARDING THE FILING OF STATEMENT OF BENEFITS FOR TAX ABATEMENTS 6 7 Councilmember Stamper explained that this ordinance holds the tax abatement ordinances on first reading, 8 noting that if it is believed to be an emergency and needs to be approved in one meeting the business will ne 9 asked to send a representative to Council to explain why the urgency to grant the request. He also stated 10 that it also notes that three years are given on tax abatements but no longer. 11 12 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 90 - 1996 to seco d 13 reading and read by title only, second by Councilmember Parker and the motion was carried on a 14 unanimous voice vote. 15 16 The Clerk read Ordinance No.90-1996 on second reading. 17 18 President Allen declared Ordinance No. 90 - 1996 on public hearing. There being no comments either for or 19 against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Hutton 20 and the motion was carried on a unanimous voice vote. 21 22 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 90 - 1996 to third and fin-I 23 reading and read by title only, second by Councilmember Wissel and the motion was carried on a 24 unanimous voice vote. 25 26 The Clerk read Ordinance No.90-1996 on third reading. 27 28 Ordinance No. 90- 1996 was adopted on the following call of the roll: 29 30 Ayes:Elstro, Lundy, Hutton, Dickman,Stamper,Welch, Parker and Allen(8) 31 Nays:Wissel(1) 32 33 ORDINANCE NO.91 -1996 34 35 The Clerk read Ordinance No. 91 - 1996 -A SPECIAL ORDINANCE AUTHORIZING AN APPEAL TO T E 36 STATE BOARD OF TAX COMMISSIONERS 37 38 Shelley Miller said that in 1995 the City received approximately 991/2 percent of the property tax revenues 39 that were certified to be received and at this point she is doing an ongoing research to determine the exa t 40 reason for not receiving the full amount. She said this would allow the City to file an appeal if there s 41 appropriate foundation to do that. That appeal, she said, must be filed by October 1 of this year and s 42 reflected in the budget that has been submitted to Council for approval. In answer to a question •y 43 Councilmember Welch, Miller said the amount is just over $137,000 and throughout the code there are a 44 number of clauses that give a foundation for an appeal. She said she would like to research it and discuss it 45 with the County Auditor and state tax board to resolve the issue. 46 47 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 91 - 1996 to seco d 48 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimo s 49 voice vote. 50 51 The Clerk read Ordinance No.91 -1996 on second reading. 52 53 President Allen declared Oridnance No. 91 - 1996 on public hearing. There being no comments either for or 54 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutt In 55 and the motion was carried on a unanimous voice vote. 56 57 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 91 - 1996 to third and fin I 58 reading.and read by title only, second by Councilmember Wissel and the motion was carried on a 59 unanimous voice vote. 60 61 The Clerk read Ordinance No.91 -1996 on third reading. 62 63 Ordinance No.91 -1996 was adopted on the following call of the roll: 64 65 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (9) Nays:None. 233 Common Council Minutes Cont'd • • • September-3,.1996 Page 7 . • 1 . I 2 ORDINANCE NO.92-1996 3 4 The Clerk read Ordinance No. 92 - 1996 - A SPECIAL ORDINANCE AUTHORIZING AND/OR 5 CONFIRMING A CONTRACT FOR SEWAGE TREATMENT SERVICE BETWEEN THE CITY OF 6 RICHMOND SANITARY DISTRICT AND THE TOWN OF BOSTON 7 8 Bever said Bob Wiwi would explain this on behalf of the Board of Sanitary Commissioners. Wiwi said the 9 town of Boston is putting in a system and needs to contract with Richmond for that treatment. He said they 0 came to the Richmond Sanitary District to request assistance and the Sanitary District does have the '1 capacity to treat the proposed sewage. He said the gravity system will be collecting of the sewage within the '2 town and gradually pumped to the Short Creek interceptor line. He said it was approved by the board July '3 23. He added that it does help that community to solve a problem and adds flow to an existing line that is not '4 fully utilized at this time. '5 '6 Councilmember Welch questioned the monthly rate for users of$11, noting that no where does it set a given '7 amount for anything other than residential. Wiwi said he understands it allows later on for other usage and '8 this is only for residences. ,9 0 Bever said the Richmond Sanitary District would not be billing the residents, but would be billing the town of =1 Boston at $11 per resident per month. He added that if there are industrial commercial users the Richmond .2 Sanitary District would increase the amount charged to the town of Boston and what Boston wants to charge 3 would be up to them.Wiwi said the force main will come from Boston along State Road 227. Councilmember •4 Welch commented that it had long been a question as to how to get a sewer at the Municipal Airport and -5 Wiwi said this provides that capability and has been discussed. -6 •7 Councilmember Parker asked about the maintenance and repair prices being the same today as in the year -8 2020 and Wiwi said that was based on past experience in projecting what the cost will be. He said Ralph -9 Willis,Sanitary District Superintendent,provided the figures. 0 1 Bever said those fixed costs for the project had to be worked out so the town of Boston could fix its bond 2 indebtedness and Councilmember Parker commented that he was leery of giving someone a price 20 years 3 and out. Councilmember Stamper asked Wiwi if he sees this as a trend with smaller towns and Wiwi said the 4 City is dealing with the issue of the town of Boston based upon its request and the City is not wanting to go 5 out and look at any other communities. He added that the town of Boston is still an entity of its own and all 6 the Sanitary District is doing is treating the waste. Councilmember Lundy asked how many residences there 7 are to be serviced and Bever answered there are about 75. 8 9 Councilmember Welch recalled that the north Richmond Sanitary District established for the area north of 0 1-70 several years ago was organized in a similar fashion and they did that until their bonds were just about ,!1 paid off then petitioned the Sanitary District to incorporate them. Giving that background, he said the 2 Richmond Sanitary District is experienced in this kind of thing and pretty much knows how it is going to work. 3 However, he said, he questioned the continuous use of force mains and lift stations for that length of system. 44 Bever said these items that are fixed are anticipated normal repairs and any other extraordinary emergency 15 repairs will be billed to the town of Boston by the Sanitary District. 6 7 Councilmember Welch moved to suspend the rules and advance Ordinance No. 92-1996 to second reading 8 and read by title only, second by Councilmember Hutton and the motion was carried on a unanimous voice 9 vote. 0 1 The Clerk read Ordinance No.92-1996,on second reading. 553 President Allen declared Ordinance No. 92- 1996 on public hearing.There being no comments either for or 514 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton 5,5 and the motion was carried on a unanimous voice vote. 56 57 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 92 - 1996 to third and final 5,8 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. 60 6,1 The Clerk read Ordinance No.92-1996 on third reading. . 62 6t Ordinance No. 92-1996 was adopted on the following call of the roll: 61, 1 6- Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) Nays:None. . 234 • Common Council Minutes Cont'd September 3, 1996 • Pdge 8 • • 1 , 2 ORDINANCES ON SECOND READING 3 4 ORDINANCE NO,53-1996 5 6 The Clerk read Ordinance No. 53 - 1996 -A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 2 7 SOUTH 34TH STREET 8 9 Councilmember Wissel explained that the Planning Commission had discussed this on August 27 and it is a 10 special use district classification in the R-3 one to eight family district for a professional administrative aid 11 business office. He said Dr. Gerald Whalen is the petitioner and is represented by Attorney George Sowe s. 12 The property is located at 2 South 34th Street where Dr. Whalen's chiropractic business is. Councilmember 13 Wissel said originally Dr. Whalen lived up above and had his business below, but has now moved is 14 business to the first floor and desires to rent out the basement. He said it has been legally advertized a d 15 notices were sent to adjacent homeowners and one comment which opposed the request was returned o 16 the office.The Planning Commission voted 10 in favor of recommending approval and 1 was absent. 17 18 Speaking in favor of the ordinance was Sowers who explained that this petition comes about because of tliie 19 moving of Dr. Whalen's residence and he now desires to rent the lower area. In 1990, Sowers said, the 20 building was fixed up and parking was provided, thus all the requirements were met. He said Dr. Whal n 21 would like to rent to allied health care such as.a physical therapist or a business like insurance. Sowers s id 22 parking would not be a problem because Dr. Whalen would not want to provide a problem for his o n 23 patients. 24 25 President Allen declared Ordinance No. 53 - 1996 on public hearing. There being no further comments fpr 26 and none against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmemb r 27 Hutton and the motion was carried on a unanimous voice vote. 28 29 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 53 - 1996 to third and fi al 30 reading,second by Councilmember Parker and the motion was carried on a unanimous voice vote. 31 32 The Clerk read Ordinance No.53-1996 on third reading. 33 34 Ordinance No.53- 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.54-1996 40 41 The Clerk read Ordinance No. 54 - 1996 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP T 42 501,509,AND 529-533 SOUTH FIFTH STREET;AND 515;517 AND 519 SOUTH E STREET 43 44 Councilmember Wissel explained this ordinance requests to change the zoning from an M-1 light industrial 45 district to a C-4 general business district. He said all 18 of the adjacent property owners had been notifi d 46 and it had been legally advertised. One property owner, J.F. Austerman, was opposed to the reque t. 47 Councilmember Wissel said the area now is light industrial business which is more of a commercial natur . 48 He said Bob Goodwin, director of planning, requested the change noting the unusual shape and getting it n 49 conformity with the long range plans and with the physical outlay of the land. He added that the Planni g 50 Commission voted 10 in favor of recommending approval and one absent. 51 52 President Allen declared Ordinance No.54- 1996 on public hearing. 53 54 Speaking in favor of the ordinance was Goodwin who gave a brief thumbnail sketch of the area noting t e 55 growth there had historically been commercial. Councilmember Lundy asked what Austerman's complai t 56 had been and Goodwin answered that Austerman thought by leaving the area as commercial, at some poi t 57 ' someone might want to purchase the police garage which has been vacant for some time, as well s 58 additional properties around there, in one large purchase or development. Goodwin said he did not belie e 59 the possibility of that was great since all the development down there has been primarily heavy commercial 60 61 . There being no further comments for the ordinance and none against, Councilmember Elstro moved for -62 engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 63 64 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 54- 1996 to third and fin-1 65 reading,second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.54'-1996 on third reading. • 235 Common Council Minutes Cont'd • September 3, 1996 Page 9 • -- , 1 2 Ordinance No.54-1996 was adopted on the following call of the roll: 3 4 Ayes:Lundy,Wissel, Hutton, Dickman, Stamper,Welch, Parker and Allen (8) 5 Nays:Elstro(1) 6 7 ORDINANCE NO.67-1996 8 9 The Clerk read Ordinance No. 67- 1996-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 46 0 SOUTH 14TH STREET 1 2 Councilmember Wissel explained that this ordinance is a request for special use district classification in the • 3 R-3 one to eight family residential district for a professional mortgage office at 46 South 14th Street. He said 4 notices had been sent to adjacent homeowners and noted that Judith Raymond is the petitioner and is 5 represented by Mark Mader. He said Planning Commission was concerned about parking and the owner 6 said she would be living in the home with one employee also residing there and another employee possibly 7 later on. It was agreed by the Planning Commission that this is a nice use for the older homes and keeps 18 them maintained and in good working order.The vote was 10 in favor with one absent. 19 -0 President Allen declared Ordinance No. 67- 1996 on public hearing. -1 -2 Attorney Mark Mader, speaking in favor of the ordinance, said he represented the petitioner which was -3 Advantage Indiana Mortgage Corporation for a special use for a mortgage loan brokerage office which will be 4 used exclusively for prospective home buyers to obtain home loans for conventional, FHA, VA and -5 non-conforming mortgages. He said no exterior changes are required and business will be my appointment -6 only. He also noted that existing street parking is more than adequate and Goodwin said the drive from -7 South 14th Street to the alley could also be used for parking. -8 -9 There being no further comments in favor of the ordinance and none against, Councilmember Elstro moved 0 for engrossment,second by Councilmember Parker and the motion was carried on a unanimous voice vote. 1 I 2 Coil membomoved p td . - 96 d y3 readingunc and readerElstr bly titlemov only,second byend Councilmemberherulesanda Welchvance andOrdinance the motionNo was67 carried19 onto a unanimous and 4 voice vote. 36 The Clerk read Ordinance No. 67- 1996 on third reading. 3 3:8 Ordinance No.67-1996 was adopted on the following call of the roll: 9 40 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) Nays:None.1 . ORDINANCE NO.75-1996 44; The Clerk read Ordinance No. 75 - 1996 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 4. 324 SOUTH 4TH STREET -r 4: Councilmember Wissel explained that this ordinance is a request for a special use district classification in the R-3 one to eight family residence district for a design studio at 32 South 4th Street. He said the petitioners, 5' George and Alice Stillabower are represented by Attorney Mark Mader.,Notices were sent to seven property 5 owners with no comments returned, Councilmember Wissel said, noting the intention is to have a design 5' studio up above with no over-the-counter sales. He stated the business will be done primarily by appointment 5: but there will also be an open door.The vote was 10 in favor of recommending approval and one absent. 5, 5• President Allen declared Ordinance No. 75-1996 on public hearing. • 5. 5r Attorney Mader came forward and stated that the business will include client consultation, lighting design and 5: custom furniture design goods which will be provided for retail sale. He said the property has already been 5: enhanced both on the interior and exterior. Is' 6 There being no further comments in favor and none against, Councilmember Welch moved for engrossment, 6' second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 6: 6, Councilmember Lundy moved to suspend the rules and advance Ordinance No. 75 - 1996 to third and final 6. reading,second by Councilmember Wissel and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.75-1996 on third reading. 26 • • Common Council Minutes Cont'd September 3, 1996 Page 10• • • • • 2 Ordinance No.75-1996 was adopted on the following call of the roll: 3 4 Ayes: Eltro, Lundy,Wissel, Hutton, Dickman,Welch, Stamper, Parker and Allen (9) 5 Nays:None. 6 7 ORDINANCES ON THIRD READING 8 9 There were none. 10 11 UNFINISHED BUSINESS 12 13 Councilmember Stamper suggested that it might be a good idea to list briefly at the end of the meeting those 14 ordinance which will be on second reading at the September 23 Council meeting. He noted that these will ae 15 Ordinances No. 78,79, 81,82, 83, 85, 86, 87, 88 and 89-1996. 16 17 Councilmember Dickman suggested that keeping in mind the mounting copier charges in the Clerk's office if 18 nobody had any objections,to ask the Clerk not to send copies of signed ordinances unless an ordinance is 19 changed in between the time the original copy is sent and it is signed. After a brief discussi n, 20 Councilmember Dickman moved that the Clerk send to Councilmembers copies of only those ordinan e 21 which have been changed, second by Councilmember Stamper and the motion was carried on a unanimo s 22 voice vote. 23 24 ADJOURNMENT 25 26 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourne.. 27 28 29 30 31 32 33 34 Geneva"Gene"Allen, President 35 36 37 38 39 40 ATTEST: 41 Norma Schroeder, City Clerk 42 43 44 45 46 47 48 • 49 50 51 52 53 . 54 55 56 57 58 59 60 61 62 63 64 65