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HomeMy Public PortalAbout08-05-1996 2111 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, August 5, 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 LUNDY 1 ROLL CALL, 1 1 APPROVAL OF MINUTES OF JULY 15.1996 1 1 Councilmember Parker moved to approve the minutes of July 15, 1996, second by Councilmember Welch 1 and the motion was carried on a unanimous voice vote. 1 1 PRESENTATIONS.MEMORIALS.REMONSTRANCES.INTRODUCTIONS.MOTIONS.RESOLUTIONS 1 1 Vacation Petition No. 1 -1996-Cherry Avenue and Portions of Elm Road in Morton Lake& Park Addition 2 2 Attorney Thomas Milligan explained that apparently the street was never actually dedicated although it has 2 been used over a number of years and considered now a public way. He said his clients are owners of the 2 adjoining land to the streets to be vacated and G Street Auto Parts Inc. is the landowner abutting all the east 2 side of Cherry Avenue. He explained the yellow,green and orange portions of the map supplied to 2 Councilmembers and noted the reason for the dedication is to enable Potter Construction and excavating to 2 expand its business site. In answer to a question posed by Councilmember Welch about the ownership of 2 right of ways since the streets have never been platted or adopted by granting of easements to the City, 2 Milligian said the public does, by usage. He added that there is no ownership recorded for the actual land 2 and is not on the transfer books at this time.There being no other comments either for or against the petition 3 President Allen declared the hearing closed. 3 3 Councilmember Dickman moved to accept the proof of publication appearing July 23, 1996 in the 3 Palladium-Item,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 3 3 Todd Knight,executive director of the Neighborhood Clearinghouse,told Councilmembers of his short term 3 goals which included making the community aware of what the clearinghouse has to offer. He added that the 3 long term goal is to come up with a trust for the clearinghouse so as not to have to worry about finding a 3 grant for the next six months to a year. He invited Councilmembers'ideas,comments or questions directed 3 to him at his office at 19 North 9th Street. 4 4 He said National Night Out will be held at the Old North Chapel to form a partnership with the communtiy 4 and the Police Department concentrating on personal and home safety and a neighborhood walk. He also informed the Council of a regional neighborhood network conference in Toledo,Ohio,which he said is an opportunity for neighborhood associations in the tri-state to get together and compare problems and get ideas. He added that Hey Hoosier Neighbor will be held September 28 in Glen Miller Park which will include 4 a family movie. He held up a T-shirt with the message"I support Richmond Neighborhoods"printed on it, 4 commenting that he would be presenting each Councilmember with a shirt following the meeting. He also 4 requested $25,000 to be placed in the budget for next year to operate the clearinghouse. 4 5 COMMUNICATIONS FROM THE MAYOR 5 5 In the absence of the Mayor, City Controller Shelley Miller distributed financial statements for May and June 5 as well as information on the budget process which she said is in full gear.She distributed a budget calendar 5 with dates, commenting that many are legal dates needed to get the budget certified by the tax board. She 5 added that some are dates set by Council for Committee of the Whole meetings. 5 5 REPORTS FROM DEPARTMENT HEADS 5 5 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 6 6 The minutes of the meetings of July 3, 11 and 18, 1996,were in the Council packets. 6 6 REPORTS FROM STANDING COMMITTEES 6 6 None. • Common Council Minutes Cont'd August 5, 1996 Page2 • • 1 REPORTS FROM SPECIAL COMMITTEES 2 3 Councilmember Stamper reported on the meeting of the Tax Abatement Committee and discussions with 4 Bever, commenting that he felt it would be a smart move as a Council to clarify again how many years it is 5 going to approve abatements for. He said in the past it has been said they won't go beyond three years, 6 which he believes to be a sound policy. He then said the issue was open for discussion. 7 8 Bever said what Councilmember Stamper is referring to is that in the statute that authorizes this procedure 9 the petitioner is to show a description of the redevelopment or rehabilitation which would be whatever they 10 are showing with real estate or personal property. After a brief discussion, Councilmember Stamper 11 requested Bever to draft an ordinance to let the public know that Council is going with the three years. 12 13 REPORTS FROM ORGANIZATIONS • 14 15 Councilmember Wissel reported on the meeting of the Economic Development Commission noting that five 16 updates had been received on existing projects, new information on twelve separate projects relating to 17 consultants and one large undisclosed investment. 18 19 MISCELLANEOUS BUSINESS 20 21 Councilmember Dickman said he had received from City Controller Shelley Miller a list of possible 22 Committee of the Whole dates to discuss the budget. He noted that each meeting will be started at 7:30 p.m. 23 and these will be held in Council Chambers. The dates are Tuesday, August 20; Thursday, August 22; 24 Monday, August 26; and Wednesday, August 28. Councilmember Stamper requested that department 25 heads list the top three to five items they feel they have to have in their departments and the lowest three to 26 five items which they could do without so Councilmembers will have a better idea as to their true needs. 27 28 ORDINANCES 29 30 ORDINANCES ON FIRST READING 31 32 Councilmember Elstro moved to suspend the rules and read Ordinances No. 30, 53, 54, 64, 65, 66, 67, 68, 33 69, 70, 71, 72, 73, 74, 76, 77 - 1996 by title only, second by Councilmember Lundy and the motion was 34 carried on a unanimous voice vote. 35 36 ORDINANCE NO.30-1996 37 38 The Clerk read Ordinance No. 30 - 1996 - A SPECIAL ORDINANCE VACATING CHERRY AVENUE AND 39 PORTIONS OF ELM ROAD AND MAPLE ROAD IN MORTON LAKE& PARK ADDITION 40 41 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 30-1996 to second reading 42 and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice 43 vote. 44 45 The Clerk read Ordinance No.30- 1996 on second reading. 46 47 President Allen declared Ordinance No.30-1996 on public hearing. 48 49 Councilmember Parker asked Bob Goodwin, director of planning and redevelopment, if the planning staff 50 recommended approval of this petition who would be.notified. Goodwin said typically, under state law, the 51 adjacent property owners would be notified but they had gone a step further and notified residents of 22 52 homes within the area and also the North Richmond Neighborhood Association. He said one person spoke 53 in opposition noting a concern about an additional outlet in the event of a catastrophic occurrence. Goodwin 54 stated that there are two already, one going through North 17th and the other to North 19th Street up to 55 North J Street. He added that all utilities, police and fire, indicated that the area is not necessary for their 56 provision of services to the community. 57 58 Councilmember Wissel reported on the action of the Planning Commission noting that it met July 23 and 59 recommended approval subject to four conditions which were: Morton Lake Subdivision be replatted 60 granting easements for existing utilities;dedicated the right of way for North 20th Street from North J Street 61 to the intersection with Elm Road;construction to.City specifications and dedicate to the public a cul de sac 62 as part of the replat; be understood that the streets being vacated have never been dedicated to the City 63 and this vacation is of whatever property rights the City might hold to these streets. He added that the 64 Commission voted 9-0 to recommend vacation. 65 213 Common Council Minutes Cont'd August4996 , Page-3 1 In answer to a question by Councilmember Welch, Butch Potter said he planned to move the large trucks and 2 large equipment in and out on Cherry Street. There being no further comments for the ordinance and none 3 against, Councilmember Dickman moved for engrossment,second by Councilmember Welch and the motion 4 was carried on a unanimous voice vote. 5 6 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 30 - 1996 to third and final 7 reading and read by title only, second by Councilmember Dickman and the motion was carried on a 8 unanimous voice vote. 9 0 The Clerk read Ordinance No.30- 1996 on third reading. . 1 2 Ordinance No.30 -1996 was adopted on the following call of the roll: 3 4 Ayes: Elstro, Lundy,Wissel,Hutton, Dickman,Stamper,Welch, Parker and Allen(9) 5 Nays:None. 6 7 ORDINANCE NO.53-1996 8 9 The Clerk read Ordinance No. 53 - 1996 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 2 -0 SOUTH 34TH STREET -1 -2 President Allen announced Ordinance No.53-1996 would go to planning. -3 -4 ORDINANCE NO.54-1996 -5 -6 The Clerk read Ordinance No. 54 - 1996 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT -7 501,509,AND 529-533 SOUTH FIFTH STREET;AND 515,517 AND 519 SOUTH E STREET -8 -9 President Allen announced Ordinance No.54- 1996 would go to planning. 0 1 ORDINANCE NO. 64 -1996 2 3 The Clerk read Ordinance No. 64- 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 AND WAIVING NONCOMPLIANCE WITH THE TIME OF FILING 6 7 Councilmember Stamper noted that the request is from Pittsburgh Tubing which wishes to buy a series of 8 equipment which included a more sophisticated cut off machine to allow them to be more competitive and get 9 into new product lines to help them expand their business. He added that they will retain 50 jobs. •0 •1 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 64 - 1996 to second •2 reading and read by title only, second by Councilmember Wissel and the motion was carried on a •3 unanimous voice vote. •4 5 The Clerk read Ordinance No. 64-1996 on second reading. 6 7 Bever said the ordinance had been published July 19 in the Palladium-Item as required. Councilmember 8 Parker moved to accept and file the proof of publication, second by Councilmember Welch and the motion 9 was carried on a unanimous voice vote. 0 President Allen declared Ordinance No.64- 1996 on public hearing. 1 . 3 Roy Combes, 448 South 16th Street, came forward to state that he objected to Council suspending the rules t4 and passing it all in one evening. He said the voters have a right to know what is going on. President Allen 5 said Council had received his letter and saw his letter to the editor in the Palladium-Item but she felt that 6 Council gives sufficient notice and if all nine members agree to suspend the rules the ordinance goes through all three readings. Combes said the public has not had sufficient notice and even though it was advertised 8 July 19 it did not say when it would be read. Bever disagreed, stating that the ad did say when it would be 59 read. There being no further comments for or against the ordinance, Councilmember Elstro moved for �0 engrossment,second by Councilmember Wissel and the motion was carried on a unanimous voice vote. 62 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 64 - 1996 to third and final 63 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous 6i4 voice vote. 6"5 1 The Clerk read Ordinance No.64- 1996 on third reading. • I • -214 • • Common Council Minutes Cont'd August 5, 1996, Page 4 • • 1 Ordinarce No. 64-1996 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. 5 6 ORDINANCE NO.65-1996 7 8 The Clerk read Ordinance No. 65- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A 9 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 0 6-1.1-12.1 AND WAIVING NONCOMPLIANCE WITH THE TIME OF FILING 1 2 Bever said the proof of publication had run in the Palladium-Item July 19, noting the hearing would be held 3 this evening. Councilmember Parker moved to accept the proof of publication, second by Councilmember 4 Wissel and the motion was carried on a unanimous voice vote. 5 6 Councilmember Stamper explained that this ordinance is for the smaller abatements asked for by Sanyo and 7 is for$635,000 for quality improvement and technology advancement machinery and this is a late filing so 8 they won't get the full benefit of the abatement. 9 -0 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 65 - 1996 to second -1 reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimous .2 voice vote. -3 -4 The Clerk read Ordinance No.65-1996 on second reading. -5 6 President Allen declared Ordinance No.65- 1996 on public hearing. There being no comments either for or -7 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Wissel -8 and the motion was carried on a unanimous voice vote. -9 0 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 65 - 1996 to third and final 1 reading and read by title only,second by Councilmember Lundy and the motion was carried on a unanimous 2 voice vote. 3 • 4 The Clerk read Ordinance No.65-1996 on third reading. 5 6 Ordinance No. 65-1996 was adopted on the following call of the roll: 7 8 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 9 Nays:None. 0 -1 ORDINANCE NO. 66-1996 .2 -3 The Clerk read Ordinance No. 66 - 1996 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 4 1997 FIREFIGHTER AND POLICE OFFICER SALARY ORDINANCE ,5 6 Miller said the purpose of this ordinance is to establish the salaries for the police and fire departments that 7 was negotiated in November and December of 1995 and that information goes as an ordinance for 1996 to 8 establish the salaries for 1997. Bever said it should be passed tonight, noting that Council has already 9 approved the contract making this a housekeeping item. In answer to a question by Councilmember Hutton -0 about the other bargaining units, Bever said the fire and police salaries have an earlier date. -1 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 66 - 1996 to second 3 reading and read by title only, second by Councilmember Dickman and the motion was carried on a 4 unanimous voice vote. 55 E6 The Clerk read Ordinance No.66-1996 on second reading. 5' 138 7 President Allen declared Ordinance No. 66 - 1996 on public hearing. There being no comments either for or against ordinance Councilmember Wissel moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 66 - 1996 to third and final reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimous .4 voice vote. •5 The Clerk read Ordinance No.66-1996 on third reading. -215 Common Council Minutes Cont'd August 5, 1996 . Page-5 1 Ordinance No.66-1996 was adopted on the following call of the roll: f c Ayes:Elstro, Lundy,Wissel,Hutton, Dickman,Stamper,Welch, Parker and Allen (9) Nays:None. 6 ORDINANCE NO. 67-1996 8 The Clerk read Ordinance No. 67- 1996-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 46 19g SOUTH 14TH STREET 110 111 President Allen announced Ordinance No. 67- 1996 would go to planning with public hearing on August 27, 111 1996. 1 ORDINANCE NO.68-1996 115 117 The Clerk read Ordinance No. 68- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 1 6-1.1-12.1 1 i2 Councilmember Stamper explained this ordinance speaks to a request made by Dave Karn of Cabinet Supply Inc. who indicated he wishes to buy a new saw and various other equipment for his custom cabinet 2 making business retaining the 39 jobs already there. 213 2' Councilmember Dickman moved to suspend the rules and advance Ordinance No. 68 - 1996 to second 2 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimous 2 voice vote. 2 2 The Clerk read Ordinance No. 68-1996 on second reading. 2 3 President Allen declared Ordinance No. 68- 1996 on public hearing. Combes asked from the audience if the 3 ordinance had been advertised. Councilmember Parker commented that he felt Combes had a valid point, 3 noting he would like to see this ordinance held on second reading. Councilmember Stamper, in clarifying the 3 Tax Abatement Committee policy, said Clay Miller of the Finance Department notifies him and Bever who 3 immediately puts it on the next meeting's docket whether or not the committee has had a chance to see it. 3 He added that it the Committee has not seen it, it will be held on first reading, and that way the public gets a 3 chance to appeal it if they want to. 3 3 Ordinance No.68-1996 was held on first reading. 3 4 ORDINANCE NO.69-1996 4 4 The Clerk read Ordinance No. 69- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 4 6-1.1-12.1 4 4° Councilmember Stamper explained Pallet Solutions Inc. is a company that has been before Council with a 4 request for vacating an alley which Council denied. He said that has no reflection on this ordinance. He 4: stated that the company takes pallets and tears them apart, reusing the wood, chipping up the boards into 4° mulch. He said he would like Council to show good faith and see this ordinance through all three readings 50 this evening. 5 5' Councilmember Elstro moved to suspend the rules and advance Ordinance No. 69- 1996 to second reading 5 and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice 54 vote. 5. 5 Councilmember Welch said since there had been no public notice he would like to hold this ordinance on 5 second reading. Bever explained the rules of procedure, stating that Council had approved going forward 5 with the second reading which is what should be done. Councilmember Dickman stated that Council has 5 been following the procedure all year long of advancing these ordinances on all three readings in one 6 evening and he agreed that Combes brings up a good point. However, he suggested that Council should 6 agree on a consistent policy and not leave one person expecting it to pass. He said he agreed the public 6 should be told, but said it is not fair to those making requests tonight. 6 6• Councilmember Lundy stated that no form was attached to the ordinance explaining what the company was 6 going to do. Councilmember Stamper apologized that he had not included a list. Bever said the Finance Department sometimes does not put on a back page. • -216 • • Common Council Minutes Cont'd Augt st-557499G Page-6 • • • 1 President Allen declared Ordinance No. 67 - 1996 on public hearing. Speaking for the ordinance was Joe 2 Gleeson, 4401 South C Street, president of Pallet Solutions, who said his is a start up company and it is 3 important to make the right purchases. He said when this request was filed it was with the understandi g 4 that Council would have the needed information and he asked that Councilmembers keep that in 5 consideration. 6 7 Councilmember Parker commented that it needs to be emphasized that once Council has approved t e 8 statements of benefits and forwarded them on it does not mean that they will receive the abateme is 9 because the requests have to be approved by the State Tax Board. Bever commented that the State 10 Board has to show good reason to deny approval. President Allen said it is her feeling that a consist:nt 11 policy needs to be set,not at this meeting,but a meeting in between Council meetings. 12 13 Councilmember Welch said Bever had read the rules of procedure and that is that ordinances are suppos:d 14 to go through three meetings and that is very clear. He said what has happened is that ma y 15 Councilmembers have become accustomed to reacting on one night, adding that since there are many of 16 these tax abatement ordinances Council needs to let the public know what is going on. He said they need to 17 read about it and if they have anything to say they should call the Councilmembers or attend the n:xt 18 meeting. He stated that he will treat each ordinance individually. 19 20 Councilmember Stamper said a consistent policy needs to be established in fairness to the business:s 21 requesting tax abatements. Councilmember Welch stated that it is presumptious on any person's part o 22 assume Council is going to suspend the rules because they are there and have been establish:d. 23 Councilmember Dickman moved for engrossment, second by Councilmember Wissel and the motion w:s 24 defeated with a vote of 8-1. Councilmember Welch voted against engrossment. 25 26 Ordinance No. 69- 1996 remained on second reading. 27 28 ORDINANCE NO.70-1996 29 30 The Clerk read Ordinance No.70-1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A 31 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER 1.3. 32 6-1.1-12.1 33 34 Councilmember Stamper said this refers to Sanyo-Verbatim CD Company, LLC which is making a 35 substantial investment in the comunity who pushed up their time table to expend more money in a shorter 36 period of time. He said there had been discussion about the ordinance at the last meeting and he feels the e 37 has been enough public notice to pass this ordinance this evening.After a brief discussion it was discover-d 38 that Ordinance No. 65 - 1996, also dealing with Sanyo and adopted earlier in the evening, and Ordinance= 39 No.70- 1996 had the same front page which was confusing. 40 41 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 70 - 1996 to seco d 42 reading and read by title only, second'by Councilmember Wissel and the motion was carried on a 43 unanimous voice vote. 44 45 The Clerk read Ordinance No.70-1996 on second reading.. 46 47 President Allen declared Ordinance No. 70- 1996 on public hearing. Speaking in favor of the ordinance w-s 48 Fred Austerman,vice president of administration and finance for Sanyo. He said the request was filed Ju e 49 14 and asked approval of the project for abatement this evening. He explained that the investment this ye:r 50 is $11,415,000 and that will stay the same this year but will be adjusted the next two years. Councilmemb:r 51 Parker asked Austerman what would happen if Council did not approve this request tonight.Austerman sa d 52 the equipment is in the process of being installed, noting that when the decision is made for spending of 53 funds it goes rapidly within two weeks. He added that testing would be done by August 15. Councilmemb•r 54 Stamper said he would like to publicly apologize for putting him through this tonight on such a significa t 55 investment, noting that it is definitely appreciated by the community. He asked to hold this ordinance •n 56 second reading and have Austerman sign a revised $22.8 million statement of benefits page and ha e 57 Council pick it up two weeks from tonight. 58 59 Ordinance No. 70 remained on second.reading. 60 61 ORDINANCE NO.71 -1996 62 63 The Clerk read Ordinance No. 71 - 1996 - AN ORDINANCE RE-ESTABLISHING A DEPARTMENT •F 64 ECONOMIC DEVELOPMENT AND ECONOMIC DEVELOPMENT COMMISSION FOR THE CITY OF 65 RICHMOND, INDIANA Bever explained that the adminstration had been approached by two, different companies asking for consideration for providing industrial revenue bonds. He said these have to be approved by an Econom c Development Commission and in going through the records of the City it was found that two years ago t e Economic Development Department was abolished and that was In conjunction to the development of t e Economic Development Corporation. He said left in abeyance was the Economic Development Commissio . -21,7 Common Council Minutes Cont'd ,1ltagast 996 Pang 7 1 He said in looking at the appropriate statute under Economic Development everything referred to the 2 Commission mentioned the Economic Development Department which meant that effectively and legally the 3 Commission was abolished along with the Department and in order to allow for a Commission to even 4 consider industrial revenue bonding the City would have to re-establish the Department and the Commission. 5 He said he followed the statute on how those bodies would be appointed and their terms and all that is set 6 out in the statute which is in the ordinance. He said he anticipated someone asking why there had been no 7 requests for bonding and he asked Goodwin to check into it. He found that apparently the interest rate made 8 it more attractive;the state has arranged with underwriters to charge less therefore making it smaller issues 9 of the industrial revenue bond cost effective whereas at one time you almost had to have an issue of $5 0 million to make it worthwhile it is now made it cost effective and can be closer to a$1 million project;and the 1 state has funded more into it. Because of these three things,the interest is there again, Bever said. 2 3 Councilmember Hutton asked if this is the same or similar to the Redevelopment Commission and Bever 4 said it is. 5 6 Councilmember Parker questioned the appointments and Bever read from the state statute which said there 7 can either be three or five members and either way all are appointed by the City executive. He said in talking 8 with the Mayor one of the choices he is considering is since the Economic Development Corporation consists 9 fo three mayoral appointments he thought they could serve as the same three. Bever said they do have to -0 have one nominated by City Council and the other by County Council. •1 -2 Councilmember Elstro asked if there would be any cost to the City and Bever said no fee is set up to pay the 3 people on the Commission, noting that it is set up to consider anyone requesting industrial revenue bonding •4 and they will have to pay a fee with the understanding that it will cover any administrative costs. -5 -6 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 71 - 1996 to second -7 reading and read by title only, second by Councilmember Wissel and the motion was carried on a unanimous -8 voice vote. -9 0 The Clerk read Ordinance No.71 -1996 on second reading. 1 2 President Allen declared Ordinance No. 71 - 1996 on public hearing.There being no comments either for or 3 against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Hutton 4 and the motion was carried on a unanimous voice vote. 5 6 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 71 - 1996 to third and final 7 reading and read by title only, second by Councilmember Wissel and the motion was carried on a unanimous 8 voice vote. 9 ,0 The Clerk read Ordinance No.71 -1996 on third reading. ,1 4p Ordinance No.71 -1996 was adopted on the following call of the roll: 43 40. Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 45 Nays:None. 416 Councilmember Dickman directed a question to Combes asking if he was merely referring to tax abatement 4 ordinances when he addressed the issue of three readings on three separate evenings. Combes answered that he was talking about all the ordinances, agreeing with comments made by some Councilmembers that 5 Council should have a consistent policy. 5 5 ORDINANCE NO.72-1996 5 5 The Clerk read Ordinance No. 72 - 1996 - AN APPROPRIATION ORDINANCE AUTHORIZING THE 5 COLLECTION OF AN APPLICATION FEE IN CONJUNCTION WITH A TAX ABATEMENT/STATEMENT OF 5.• BENEFIT REQUEST, AND THE SOLICITATION OF DONATIONS IN CONJUNCTION WITH SUCH 5r REQUESTS 5: 5* Councilmember Stamper said this ordinance deals with a one-time fee of$100 when a business first applies 61 for statement of benefits and the subsequent part says it is permissable for the City to request donations of 6 10 percent of the abatement in return. He added that it is the Mayor's idea to place half of the money in the 6' City's Revolving Loan Fund and the change would be instead of it all going to that fund would also like to 6: have half the money be used to establish a fund for sidewalks. He said he felt the public had been sufficiently 6, notified since the issue had been discussed at a Committee of the Whole meeting. 6. -. 18 • • Common Council Minutes Cont'd • August 5, 1996 Page-8 • . . • . • • • 1 Councilmember Elstro moved to suspend the rules and advance Ordinance No.72- 1996 to second readin 2 and read by title only, second by Councilmember Huton and the motion was carried on a unanimous voice 3 vote. 4 5 The Clerk read Ordinance No.72-1996 on second reading. 6 7 President Allen declared Ordinance No. 72 - 1996 on public hearing. Combes spoke up again stating that 8 the ordinance should be heard in three different meetings. Councilmember Welch said he agreed wih 9 Councilmember Stamper on this ordinance, stating that he also felt the public had had sufficient notic:. 10 Combes argued that that might be true for those who have access to Cable TV, but not for others, addi g 11 that he opposed to passing this ordinance tonight. Councilmember Wissel moved for engrossment, seco d 12 by Councilmember Stamper and the motion was carried on a unanimous voice vote. 13 14 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 72 - 1996 to third a d 15 final reading and read by title only, second by Councilmember Elstro and the motion was carried on a 16 unanimous voice vote. 17 18 The Clerk read Ordinance No.72-1996 on third reading. 19 • 20 Ordinance No. 72-1996 was adopted on the following call of the roll: 21 22 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9) 23 Nays: None. 24 25 President Allen asked when the ordinance would go into effect and Bever said that will happen after t e 26 Mayor and the Clerk sign it, adding that the ordinance will apply to all future abatements. 27 28 ORDINANCE NO.73-1996 29 30 The Clerk read Ordinance No. 73 - 1996 - AN ORDINANCE AMENDING CHAPTER 119 OF TH 31 RICHMOND CODE 32 33 Assistant City Attorney Steve Rabe explained that Chapter 119 regulates the operation of taxicabs within t e 34 City, adding that part of what that chapter requires is that anyone wishing to operate a taxicab business a d 35 obtain a license they have to have all the cabs they propose to use inspected and pay an annual registrati n 36 fee of$60. He said the code does not address the transferablity of that license should a person decide to s II 37 the taxicab business which is something that is in the process of happening,thus the request. 38 39 In answer to a question posed by Councilmember Parker, Rabe said there is an annual license fee which s 40 $60 with the exception of cabs newer than two years old and that fee is$10. He said if a person is seeking a 41 new license and they have to go through a new inspection, this will give them a right to transfer all that f r 42 $10 per cab and the fee is good for one year. Rabe said a year from now would be time to renew and th s 43 would mean a savings of$50 and has nothing to do with the inspection fee. Councilmember Stamper ask d 44 who is responsible for making sure the new taxicab company is financially stable and who looks to see if t e 45 license can be granted. Rabe said this is filed with the Controller's office and there is no investigation f r 46 approval other than the requirements stated. 47 48 Councilmember Welch moved to suspend the rules and advance Ordinance No. 73- 1996 to second readin 49 and read by title only, second by Councilmember Hutton and the motion was carried on a unanimous voice 50 vote. 51 52 The Clerk read Ordinance No.73-1996 on second reading. 53 54 President Allen declared Ordinance No. 73- 1996 on public hearing. There being no comments either for •r 55 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutto. 56 and the motion was carried on a unanimous voice vote. 57 58 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 73 - 1996 to third and fin-1 59 reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimou 60 voice vote. 61 62 Councilmember Dickman asked if this ordinance had been properly advertised so the public is aware of t 63 and Bever responded that this ordinance requires no advertisement. 64 65 The Clerk read Ordinance No.73-1996 on third reading. _ 21.9 Common Council Agenda Cont'd August 5, 1996 • P.ye-9 1 Ordinance No.73-1996 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. 5 6 ORDINANCE NO.74-1996 7 8 The Clerk read Ordinance No.74-1996-AN ORDINANCE AMENDNG CHAPTER 32 OF THE RICHMOND 9 CODE 0 1 Rabe explained that this ordinance clarifies that the examiner does have the power and duty that a member 2 of the Commission would have sitting as a hearing examiner. It also clarifies that that person is immune from 3 any liability. 4 55 Rabe read from the ordinance,stating that it is merely re-iterating what the state law provides. In answer to a 6 question posed by President Allen, Rabe said when the need arises an examiner will be appointed.This is to 7 protect someone as a hearing officer that would agree to serve the Human Rights Commission, he said. 8 9 Councilmember Lundy asked if someone came in and had a problem would they automatically have a .0 hearing officer. Lisa Williams,director of the Human Rights Commission, explained the procedure saying that -1 is someone comes to the Commission and files a complaint an investigation is held. If there is no settlement -2 reached then it goes to the Commission for a finding of cause and if the Commission finds cause and still no -3 settlement is reached then it goes to a hearing. Councilmember Stamper asked if this ordinance has to be -4 passed this evening and Williams responded that the Commission has a hearing coming up August 10 and .5 the hearing officer raised these concerns, thus the ordinance. Councilmember Welch commented that this -6 amendment is merely bringing the City in compliance with the state statute. Bever said he has had some 7 discussions with the individual selected and he thinks the law probably protects that person now because 8 that person is a lawyer so could already personally be immune. -9 0 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 74 - 1996 to second 1 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous 2 voice vote. 3 4 The Clerk read Ordinance No.74-1996 on second reading. 5 6 President Allen declared Ordinance No. 74- 1996 on public hearing. There being no comments either for or 7 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton 8 and the motion was carried on a unanimous voice vote. 9 0 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 74- 1996 to third and final 1 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimous 412 voice vote. 42, The Clerk read Ordinance No. 74- 1996 on third reading. 46 Ordinance No.74-1996 was adopted on the following call of the roll: 417 418 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen(9) 4,9 Nays:None. 0 5,1 ORDINANCE NO.76-1996 55 i The Clerk read Ordinance No. 76- 1996-A SPECIAL ORDINANCE DESIGNATING THE NEWSPAPER IN 5;45 WHICH THE CITY OF RICHMOND SHALL PUBLISH NOTICES 516 Rabe explained that this is merely a housekeeping item because the state law requires Council to designate 517 what newspaper in a Second Class City will be used for all official notices. He added that it is a more recent 5i8 law that has not been addressed. 5,91 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 76 - 1996 to second 6 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous 6 voice vote. 6 6• The Clerk read Ordinance No.76- 1996 on second reading. 6. President Allen commented that the Palladium-Item is the publication selected. She declared the ordinance on public hearing. There being no comments either for or against the ordinance, Councilmember Hutton moved for engrossment, second by Councilmember Wissel and the motion was carried on a unanimous voice vote. 220 • Common Council Minutes Cont'd August 5, 1996 • Page 10 • • • 1 Councilmember Lundy moved to suspend the rules and.advance Ordinance No. 76 - 1996 to third and final 2 reading and read by title only, second by Councilmember Wissel and the motion was carried on a 3 unanimous voice vote. 4 5 The Clerk read Ordinance No.76-1996 on third reading. 6 7 Ordinance No.76-1996 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 ORDINANCE NO.77-1996 13 14 The Clerk read Ordinance No. 77 - 1996 - A SPECIAL ORDINANCE AUTHORIZING A GRANT 15 APPLICATION TO THE INDIANA DEPARTMENT OF TRANSPORTATION 16 17 Speaking to this ordinance was Clay Miller of the Finance Department, distributed a summary of the gr-nt 18 money the City has received in recent years. He said this is an annual procedure to file an application w th 19 the Department of Transportation to receive money for Roseview Transit and Paratransit services, adding 20 that these services are very heavily subsidized by the federal and state governments. 21 22 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 77 - 1996 to seco d 23 reading and read by title only, second by Councilmember Parker and the motion was carried on a 24 unanimous voice vote. 25 26 The Clerk read Ordinance No.77-1996 on second reading. 27 28 President Allen declared Ordinance No. 77- 1996 on public hearing. Miller commented that he would like o 29 see Council approve this ordinance because without this funding the service would not be able to exi t. 30 Combes inerrupted again, objecting to the procedure, but commenting that he understood what Council w s 31 up against. He said he hoped Council would make sure all the department heads get the ordinances in wh n 32 they are needed. Councilmember Hutton said she has been on Council 11 years and this has been pass d 33 every year the same way. She added that she feels the department heads do their job. There being o 34 further objections, Councilmember Parker moved for engrossment, second by Councilmember Hutton a d 35 the motion was carried on a unanimous voice vote. 36 37 Councilmember Parker moved to suspend the rules and advance Ordinance No. 77- 1996 to third and fin-I 38 reading and read by title only, second by Councilmember Hutton and the motion was carried on a 39 unanimous voice vote. 40 41 The Clerk read Ordinance No.77-1996 on third reading. 42 43 Ordinance No.77- 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 ORDINANCES ON SECOND READING 49 50 There were none. 51 52 ORDINANCES ON THIRD READING 53 • 54 There were none. 55 56 UNFINISHED BUSINESS 57 58 President Allen announced the registration for the annual conference of the Indiana Association of Cities a d 59 Towns is nearing the deadline and encouraged Councilmembers to attend the conference which will be he d 60 from September 15 to September 19 in Merrillville. She said since Council has no budget to work wit , 61 Councilmembers will have to use their own money, and she has already registered.She said the registration 62 fee is $160. Clerk Norma Schroeder commented that she is also registered for the conference. Ci y 63 Controller Shelley Miller said she is going if the budget allows. 64 65 ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,the meeting was adjourne•. Geneva"Gene"Allen, President ATTEST: Norma Schroeder, City Clerk