HomeMy Public PortalAbout06-06-1994 46
PROCEEt?tNOS=OF'THE=COMMON=COtJNCI F`THE
CIT -OF—RICHMOND;1NDtANA-MONDAY;JtJNE 6, 19
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,June 6,
2 1994, in the Council Chambers in said City. President Larry Parker presided with the following
3 Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Jane Brookbank, Mary Ellen Donat, Don
4
5 McBride, Gene Allen and Bob Dickman. Absent was Sally Hutton. The following business was had to-wit:
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY PRESIDENT PARKER
9
10 ROLL CALL
11
12 Eight present.
13
14 APPROVAL OF MINUTES OF MAY 2 AND MAY 16.1994
15
16 Councilmember McBride moved to approve the minutes of the two previous meetings as prepared,
17 seconded by Councilmember Allen and by unanimous voice vote the motion carried.
18
19 COMMUNICATIONS FROM THE MAYOR
20
21 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
22
23 REPORT FROM CITY DEPARTMENTS
24
25 REPORT FROM OTHER OFFICES
26
27 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
28
29 Minutes of the May 12 and May 19 meetings were in the Council packets.
30
31 32
Councilmember Brookbank commented on the decision made by the Board of Works at its June 2 meeting
to approve the recommendation of Police Chief Dennis Rice to place stop signs on South E at the South
33 16th Street intersection, making it a four-way stop. City Controller Dennis Grimes, who is also a member of
34 the Board of Works, said the decision was to place the signs there on a temporary basis for one year to see
35 if it would help reduce the amount of automobile accidents at that intersection. He added that warning signs
36 will be placed on South E Street east and west of the intersection to alert motorists to the newly installed
37 signs.
38
39 Councilmember Elstro asked Grimes if the Department of Law was still taking care of weeds and number of
40 garage sales only by complaint.Grimes said inspectors, as they are out and about in the community, survey
41 the situation as far as weeds are concerned as well as answering complaints. He was unsure about the
42 garage sales but said he would get back to Councilmember Elstro with an answer, but Councilmember Elstro
43 said he would call the Department of Law Tuesday.
44
45 President Parker said it has been brought to his attention that several people are unhappy about the state
46 taking no action to alleviate the traffic problems on Chester Boulevard and asked the permission of fellow
47 Councilmembers to write a letter on behalf of the Council requesting a survey. He commented further that in
48 previous surveys the state has run its traffic counters between 8 a.m. and 4 p.m. and if that is the case, he
49 said,they have left the area before the major traffic problem which usually occurs around 5 p.m.
50
51 Grimes stated that the Chester Boulevard traffic problem had also been discussed at the June 2 Board of
52 Works meeting where Chairperson Jarvis had read the latest letter from the state denying any automatic
53 signs. Grimes said Chairperson Jarvis had advised citizens to write the Indiana Department of
54 Transportation with their concerns and had given the address. However, he added, those who missed that
55 meeting could call either him, Chairperson Jarvis or Jan Hibner in the Muncipal Building and get that
56 address. He said the citizens could take an active interest similar to that taken by Roy and Dorothy Combes
57 in getting something done at the intersection of South 16th and E Streets and perhaps some action would be
58 taken by the state as a result of a concentrated effort. Councilmember Brookbank said it was also mentioned
59 60
at that same meeting that it wouldn't hurt to contact State Representative Dick Bodiker and State Senator
Allen Paul.
61
62 REPORTS FROM SPECIAL COMMITTEES
63
64 None were presented.
65
47 G•
Common Council Minutes Cont'd
June 6, 1994
Page-2 - -
1
2 REPORTS FROM STANDING COMMITTEES
3
4 Councilmember Allen noted that she had distributed to each of the Councilmembers a pamphlet given to he
5 by Dr. Carolyn Blakey and she also had another book the local veterianarian wished to be given t.
6 Councilmember Elstro who is the animal control liaison for the Council.
7
8 REPORTS FROM OTHER COUNCIL COMMITTEES
9
10 Councilmember Donat noted that the special committee had met Monday to analyze the presentations of th
11 feasability study for the convention center and unanimously decided that one company stood out above th
12 others. She added that Bob Goodwin and Larry Cash in the planning and development department would b
13 following up on checking other cities for which the company had done work and report back to th
14 committee which would be having a meeting Monday, June 13, to decide who will be doing the feasibilit
15 study.
16
17 ORDINANCES
18
19 ORDINANCES ON FIRST READING
20
21 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinance-
22 No. 41, 42, 43, 44, 45, 46 and 47 - 1994, second by Councilmember McBride, and the motion was carries
23 on a unanimous voice vote.
24
25 ORDINANCE NO. 41 -1994
26
27 The Clerk read Ordinance No. 41 - 1994 - AN APPROPRIATION ORDINANCE AMENDING THE 199,
28 BUDGET
29
30 Explaining the ordinance was City Controller Dennis Grimes who said it deletes $100,000 from th:
31 insurance line item in the Board of Works, noting there is a need to fund additional employee insuranc:
32 benefits. He said what has transpired in the past six years is to add about 100,000 into the insurance fun.
33 either mid-year or toward the end of the year to fund the health insurance fund. He explained that is the ga.
34 that is created by claims coming in to be paid versus the money that is collected in permiums of employee-
35 paying 30 percent and the City 70 percent through the various department budgets. He said he decided t•
36 do this a little earlier because the City had a situation where there are a couple of claims that have reaches
37 the limit of stop loss inasmuch and there is insurance that pays until$75,000 before the stop loss takes over
38 Thus, the need to fund those claims and the stop loss will take over and the City will get a refund on th:
39 portion of anything paid over $75,000. He said the $100,000 will be moved into the general fun.
40 administration budget, noting that it is still in the same fund but between departments which requires .
41 reduction ordinance and then an additional appropriation ordinance which will be Ordinance No. 42 - 199,
42 which is next on the agenda. He said Ordinance No. 41 - 1994 does not require legal publication bu
43 Ordinance No. 42- 1994 does.
44
45 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 41 - 1994 to secon.
46 reading and read by title only, second by Councilmember Lundy and the motion was carried on a unanimou-
47 voice vote.
48
49 The Clerk read Ordinance No. 41 - 1994 on second reading.
50
51 President Parker declared Ordinance No. 41 - 1994 on public hearing. There being no comments either fo
52 or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmembe
53 Brookbank and the motion was carried on a unanimous voice vote.
4
55 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 41 - 1994 to third and fina
56 reading and read by title only, second by Councilmember McBride and the motion was carried on -
57 unanimous voice vote.
58
59 The Clerk read Ordinance No.41 - 1994 on third reading.
60
61 Ordinance No.41 - 1994 was adopted on the following call of the roll:
62
63 Ayes:Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman and Parker(8)
64 Nays:None
65 Absent: Hutton
41
Common Council Minutes Cont'd
June 6, 1-994
-P-age 3
1
2
3 ORDINANCE NO. 42-1994
4
5 The Clerk read Ordinance No. 42 - 1994 - AN APPROPRIATION ORDINANCE AMENDING THE 1994
6 BUDGET
7
8 Grimes explained that this ordinance is required legally to be published and that was done in the
9 Palladium-Item on May 27. The additional appropriations were to the general fund in the Department of
10 Administration which included $65,000 for excess medical insurance, $20,000 for unemployment
11 compensation insurance and $15,000 for temporary disability insurance. Also $15,000 to the Public Transit
12 Fund for motor equipment, $36,000 to the local road and street fund for supplies and $51,000 to the motor
13 vehicle highway fund for supplies.
14
15 Councilmember Dickman moved to accept the proof of publication on Ordinance No. 42 - 1994, second by
16 Councilmember Elstro and the motion was carried on a unanimous voice vote.
17
18 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 42- 1994 to second reading
19 and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice
20 vote.
21
22 The Clerk read Ordinance No.42- 1994 on second reading.
23
24 President Parker declared Ordinance No. 42- 1994 on public hearing.
25
26 There being no comments either for or against the ordinance, Councilmember McBride moved for
27 engrossment, second by Councilmember Brookbank and the motion was carried on a unanimous voice vote.
28
29 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 42 - 1994 to third and
30 final reading and read by title only, second by Councilmember Lundy and the motion was carried on a
31 unanimous voice vote.
32
33 The Clerk read Ordinance No.42- 1994 on third reading.
34
35 Ordinance No.42-1994 was adopted on the following call of the roll:
36
37 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman and Parker(8)
38 Nays: None
39 Absent: Hutton
40
41 ORDINANCE NO. 43-1994
42
43 The Clerk read Ordinance No.43- 1994-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 112
44 FORT WAYNE AVENUE
45
46 President Parker explained that Ordinance No.43 - 1994 was a rezoning of vacant property presently owned
47 by M&H Realty Co. which proposes to construct a commercial storage facility and off street parking for
48 vehicles. He added that this would go to the Planning Commission.
49
50 ORDINANCE NO. 44-1994
51
52 The Clerk read Ordinance No. 44 - 1994 -A SPECIAL ORDINANCE CONCERNING THE MEDICAL ARTS
53 BUILDING
54
55 Mayor Roger Cornett commented that the letter Councilmembers had attached to the ordinance explains in
56 detail the process. He said he would be happy to answer any questions as would those representatives of
57 Wayne County government in the audience. The Mayor said he had addressed County Council meeting
58 expressing appreciation for the job done by that group as well as County Attorney Robert O'Maley and the
59 County Commissioners in facilitating the control of this property to the City so that the City can take its rightful
60 responsibility and deal with it accordingly.
61
62 He further stated that this is obviously a City problem, noting that the County was involved because it collects
63 the taxes for the City and as a result the taxes had to pass through the County's hands so they could relieve
64 the taxes that are due. He added that the property will come to the City with no tax claims left on it which will
65 allow the City to get control of the property to deal with the facility effectively and, hopefully, to get the best
use of the land back to job creation.
472,
Common Council Minutes Cont'd
June 6, 1994 1994
Page-4
1
2
3 He noted that the steps taken after the City gets control will be to assign the project to the City Engineer's
4 office and ask that they put together the proper specifications for the demolition of the building and they
5 preparation of the property for development. He said it would then go through the normal governmenta4
6 process in putting it out for bids based on those specifications through the Board of Works and awardingg''
7 those bids to the most qualified and lowest bidding process. He said although there are no estimates on tha
8 he felt the estimates on the demolition for the Leland Hotel site should give Council some idea of the cost
9 He commented that the City has had an invitation from the Indiana State Department of Commerce to file fo
10 a grant to help with the cost of the demolition of the building and the proper environmental clean up of it. H
11 added that, in his opinion, funds will be available from the City's allocation of the E.D.I.T money for th
12 balance of funds needed to complete the project.
13
14 In answer to a question posed by Councilmember Lundy about the amount of the grant money available
15 Mayor Cornett said he had been led to believe that the City could apply for a significant portion of the cost
16 City Controller Dennis Grimes said perhaps 80 percent could be covered by the grant. Councilmember Elstr
17 asked why the County couldn't go ahead and get the grant and the Mayor responded that this is really a Cit
18 problem not a County one. He added that the County's role is simply to facilitate the property to the City a
19 string free as possible, noting that the only reason for the County to take possession of the property is in
order to formally relieve the tax situation.
2 President Parker commented on the letter received from City Attorney Milligan, that APT environmental had.
,23 estimated the cost of remediation of the environmental problems to be $88,000, asking if that would be in
124 addition to the cost of the demolition. Mayor Cornett said it would be and President Parker asked if that could
5 be included in the grant application. He further commented that he sees it as a joint problem of the City an
6 County. He said it is the County's problem because it is their building and the City's problem because it is a
7 eyesore in the community. He said it looks like a joint project that the City and County have to take care o
and he does not understand if the City is not willing to tear the building down then whose responsibility woul
9 it be to tear it down.
30
1 Mayor Cornett answered that if Council turns down this agreement then the building ultimately would merel
32 fall down because nobody accepts the responsibility of it. He said what Council has in front of them in th
33 form of Ordinance No. 44 - 1994 gives title to the land to the City and that land has a great deal of value in
4 that it is a prime spot for development. He added that he felt there will be a lot of interest in buying thisl
35 property from the City so the money gained from the sale of the property will remain with the City and not g
6 back to the County because the County is giving that to the City. He said the taxes that the County relieve
7 are costs that any other developer up until now would have had to bear or the City would have to bear if the
8 were not relieved. He added that that is indirectly an investment on the part of the County in passing it on tc
9 the City, plus the fact the County is also giving the City a check for$25,000. He said he feels that when you
0 add that up and the value of the land and the hit the County is taking as far as its reponsibility in collecting
1 the taxes,you have to look at all of that as to what they are putting on the table in this process. He noted thaf�
2 he feels the County has gone above and beyond the call of duty as far as responsibility goes for a building
3 which is located in the middle of Richmond.
4
5 Councilmember Donat said the APT figure is $88,000 and the other one from Capital Concepts was
l
6 $179,000, then asked Mayor Cornett which of these figures would be used when applying for the grant. Th
7 Mayor answered that the high estimate will probably be the one taken, noting that the City intends to pursud
8 the engineering of the project and getting the bids out concurrent with the filing of the application for the,
9 grant. Councilmember Elstro said he would like for this ordinance to go into the Committee of the Whole toi
0 see what the taxes would be on the land after the building is torn down because that couldn't be based ors
1 what is there now. He said he had houses in his district that he would like to see torn down and the Mayor
152 commented that the City can not do anything about tearing down something it does not have title to.
3
154 Councilmember Elstro responded that a lot of dollars are being discussed and the City is betting as tq
55 whether they will get the grant money. He added that he thought when the E.D.I.T. was passed it was not td
6 be used for things like this. However, Mayor Cornett said this is directly attributed to economic development
57 noting that the value of this land is to create jobs and if it was in a condition that an investor could make a
8 investment in it there should be a stipulation that the City does not want a parking lot but wants somethind
9 built that will require job creation. Councilmember Elstro said when the City gets finished it will have thel
60 same thing as at the Leland Hotel site - empty lots. Mayor Cornett said you have to get control of them an.
61 get them prepared so they are investible to create jobs.
162
63 Councilmember McBride said he sees this as an opportunity to remove an eyesore in the community and h-
64 felt it should be pursued. Councilmember Dickman said the demolition of the building is long overdue an•
65 grant or no,the problem still exists and the Councilmembers are the only ones who are going to deal with it.
. 473
Common Council Minutes Cont'd
June 6, 1994
Page 5
1
2 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 44 - 1994 to second
3 reading and read by title only, second by Councilmember McBride and the motion was carried on a
4 unanimous voice vote.
5
6 President Parker declared Ordinance No.44- 1994 on public hearing.
7
8 Speaking in favor was Max Smith, president of the Wayne County Commissioners, who said he wanted to
9 set the record straight that statutes in the county have been changed in recent years noting that counties do
10 not have to take title to facilities that have environmental problems when they go through the tax role
11 process. He said the County has not yet taken title to the Medical Arts Building due to the environmental
12 problems associated with it and it doesn't intend to take title until it is decided as to how that is going to be
13 resolved. He added that once this agreement is concluded the County will take title and eliminate the taxes
14 and transfer it to the City.
15
16 Councilmember Elstro said he agrees the building needs to come down, but added that the City is part of the
17 County, too, and he feels the County is not carrying its fair share. Smith said he feels the County is carrying
18 out its responsibility in numerous ways, joining with the City in this particular case by providing the
19 mechanism to get this taken care of by putting cash into it and leaving the City with a lot that the County feels
20 has a good value.
21
22 Councilmember Lundy asked Smith if the City takes title to the building and when the grant comes in it is not
23 as much as anticipated leaving the City with a big deficit will the County be willing to take some of the burden
24 off the City that the grant will not. Smith said he could not speak for the other Commissioners about what
25 they would do in any other type of arrangements. He added that if Council chooses not to agree with this
26 agreement then the County would have to meet with the City to work something out. He said that although
27 he is not willing to commit to any other type of expense at this time, the County is always willing to discuss
28 alternatives with the City administration. He added, however, the County has what it feels is a good
29 agreement in this ordinance.
30
31 Councilmember Donat said her thoughts went along the same line as Councilmember Lundy's in that she
32 was thinking of alternative sources such as the Richmond/Wayne County Chamber of Commerce and the
33 Wayne County Economic Developement Committee and wondering if they would step forward and help out.
34 She added that she was putting her faith in the grant writers, noting that you ask for a lot and expect a lot.
35
36 Rick Ahaus said he was speaking for himself and, hopefully,for the community, noting that the building is an
37 eyesore. He said when new business prospects are brought into the community and told about the goodness
38 here then have to drive by the Medical Arts Building they don't waste any more time here. He added that this
39 is definitely a community problem. President Parker responded with the comments that no Councilmember
40 disagrees that it is an eyesore but the major concern is if the City can afford it and if not, what type of
41 assistance can be received beyond a grant.
42
43 A Wayne County resident, Don Eliason, said when he heard the County was going to give the City $25,000
44 he asked himself why the City is asking the farmers to help tear down the building. He added that he would
45 like to see County business kept separate from City business.
46
47 Hearing no further comments either for or against the ordinance, Councilmember Dickman moved for
48 engrossment, second by Councilmember Brookbank and the motion was carried on a unanimous voice vote.
49
50 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 44 - 1994 to third and
51 final reading and read by title only, second by Councilmember McBride and due to a 7-1 voice vote with
52 Councilmember Elstro voting against it the ordinance ordinance stayed on second reading.
53
54 ORDINANCE NO. 45-1994
55
56 The Clerk read Ordinance No. 45 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
57 430 KINSEY STREET
58
59 President Parker explained that this ordinance is a rezoning of residential property in the Hanes addition
60 owned by James and Claudia Backmeyer. He said they propose to sell it to Catherine Hooper who operates
61 Wayne County Collections at 230 South 3rd Street and she plans to move the business to this location. He
62 said this ordinance is referred to Planning Commission.
63
64 ORDINANCE NO.46-1994
65
The Clerk read Ordinance No. 46 - 1994-A GENERAL ORDINANCE AMENDING CHAPTER 154 OF THE
RICHMOND CODE, COMMONLY REFERRED TO AS THE ZONING ORDINANCE
74
Common Council Minutes Cont'd
Jurre_ 994_1-994
age
1
2
3 Goodwin said he will not be prepared with an in-depth report until after the public hearing with the Plannin.
4 Commission. He added that this is an effort to bring the City's zoning ordinance into compliance with stat
5 law where it states that you cannot treat manufactured housing and modular housing differently than yo
6 would any other state built home. He added that the City's ordinance currently does so those changes hav=
7 to be made. He said it would be brought back to Council on public hearing. President Parker announced that
8 Ordinance No.46- 1994 will go to the Planning Commission.
9
10 ORDINANCE NO.47-1994
11
12 The Clerk read Ordinance No. 47 - 1994 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL O'
13 STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.0
14 6-1.1-12.1
15
16 Councilmember Donat reported that the Tax Abatement Committee met and although there was a proble
17 with one applicant, that had been straightened out. She noted that all complied with the state regulation an.
18 the Committee recommended the ordinance be adopted. She added that the Committee had also discusses'
19 a need to talk about setting guidelines and the feeling was that even businesses who are applying for the t.
0 abatements are not understanding what is really necessary. She said the Committee felt it would b=
1 beneficial to discuss the issue in a Committee of the Whole meeting which would allow for some publicitl/
2 and it could be expanded upon as to what is and what is not allowed. President Parker said he would ge
3 with Councilmember Hutton and a date will be set and Councilmembers will be notified.
4
5 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 47 - 1994 to secon•
6 reading and read by title only, second by Councilmember Lundy and the motion was carried on a unanimou-
7 voice vote.
8
9 President Parker declared Ordinance No. 47- 1994 on public hearing.
0
1 No one spoke in favor of the ordinance, but speaking against it was James Wallace of 2470 Rich Road who
32 asked if there was any follow up on those tax abatements once they are given. Councilmember Dona
3 responded that she remembered a conversation she had with Wallace about 18 months ago and she didn'
4 forget and she agreed there is a need for a program so someone can be checking on that. Wallace said h
would like to know where the money goes.
6
37 Responding to that, President Parker said in the abatement on the real estate no money is given out but th
38 abatement is the abatement of taxes that will be appraised and charged upon that new building being put up
39 Wallace commented that you can't give something that is not there. He said the concern is whether or no
I,40 the outside looks good and there is no concern about the inside. President Parker said his hope is that
I,41 everyone will be enlightened by the Committee of the Whole meeting.
12
43 Hearing no further comments either for or against Ordinance No.47- 1994, Councilmember Dickman moved
44 for engrossment, second by Councilmember McBride and the motion was carried on a unanimous voice
45 vote.
46
47 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 47 - 1994 to third andl.
48 final reading and read by title only, second by Councilmember Allen and the motion was carried on
49 unanimous voice vote.
0
1 The Clerk read Ordinance No.47- 1994 on third reading.
Ordinance No. 47- 1994 was adopted on the following call of the roll:
54
65 Ayes: Elstro, Lundy, Brookbank, Donat, McBride, Allen, Dickman and Parker(8)
56 Nays: None
P7 Absent:Hutton
ORDINANCES ON SECOND READING
60
61 ORDINANCE NO. 12-1994
62
63 The Clerk read Ordinance No. 12 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP A
64 SOUTH 18TH AND I STREETS
•5
Larry Cash in the planning and redvelopment office said the ordinance is a request for a special use fo
manufactured home on seven lots in the areas of South I, South 18th and South G Streets. He said this wa
filed under the City's zoning ordinance that required special use approval for manufactured homes.
475
Common Council Minutes Cont'd
J ne_6 1-99_4
Rage-7
•
2 .
3 However, Cash said,that ordinance requirement is contrary to state law which was changed in 1981 to state
4 that all manufactured homes and all modular homes must be treated the same as traditional homes.
5 Because of that and because of the City Attorney's opinion that the City cannot proceed with the law contrary
6 to the state law, the Planning Commission recommended that this ordinance be stricken as Council
7 considers Ordinance No. 44- 1994 to amend the zoning ordinance to bring it into accordance with the state
8 law.
9
10 Councilmember Brookbank commented that the Planning Commission voted 10 to 1 in favor of striking it.
11 Councilmember Lundy moved to accept the recommendation of the Planning Commission and strike
12 Ordinance No. 12- 1994, second by Councilmember Allen and the motion was carried on a unanimous voice
13 vote.
14
15 ORDINANCE NO.34
16
17 The Clerk read Ordinance No. 34 - 1994 - A SPECIAL ORDINANCE ANNEXING TERRITORY
18 CONTIGUOUS TO THE NORTHWEST CORPORATION LIMITS TO THE CITY OF RICHMOND
19
20 President Parker asked Council for additional comments and Councilmember Donat thanked Goodwin for
21 answering the questions she had, noting that she had copies of those questions and answers for those
22 interested in them. She said only a few of his answers did not seem satisfactory as far as the farmer would
23 be concerned and she asked if the chicken farming industry would be prohibited. Goodwin answered that
24 chicken farms can continue to operate after becoming a part of the City, adding that if they are presently
25 farming chickens and they would become a part of the city it would be considered existing legal
26 nonconforming use. However, if they expanded,then it would become an illegal operation.
27
28 Goodwin,with the help of Cash, explained the background proceedings which included the preparation prior
29 to the annexation of the area. He said it had been through the Planning Commission annexation committee,
30 the Greater Richmond Progress Committee had reviewed the annexation,there had been a Board of Works
31 hearing on the fiscal plan, the Planning Commission had held public hearings as had the Common Council
32 and it had been discussed in the Committee of the Whole. He added that, hopefully, it was at the point where
33 he could respond to the last of the issues that had been brought forth.
34
35 Goodwin called attention to a map which had been prepared in response to the suggestion that family farms
36 may be adversely impacted by the annexation request. He pointed out the present boundaries, then to an
37 overlay which showed the boundaries of the proposed annexation, bringing attention to the properties to be
38 annexed that owners had not expressed opposition at the public hearings. He added that most of the
39 properties are owned by people who have not appeared at the annexation hearings in opposition and of the
40 1,845 acres in the proposed annexation area they own 1,479 acres or 80.2 percent of the entire area. He
41 pointed to another area where the properties were located belonging to those who expressed opposition and
42 had come to the hearings, noting that represented 60.8 acres or approximately 3.3 percent of the total of the
43 proposed annexation area. He said those parcels contain the 20.5-acre parcel owned by James Wallace, his
44 son and also his mother. Another parcel, he said, is 34.6 acres owned by Ernie King which is an excavating
45 company and does not qualify as a family farm. Councilmember Donat asked where Eliason's property was
46 located and Goodwin answered that it is not in the proposed annexation area.
47
48 Goodwin said the administration has proposed and the Richmond Advisory Commission has recommended
49 that this 1,845 acres be annexed and zoned for M-2 general industrial use. He commented further that
50 representatives of the Richmond/Wayne County Chamber of Commerce and Economic Development Board
51 of Wayne County had stepped forward and offered their support. He also noted that the annexation
52 boundaries were determined only after consultation with Wayne County officials and the Wayne County
53 Commissioners and suggested that a motion be made to approve the recommendation to annex the area,
54 citing that it is in compliance with the Master Plan goals and in the best interest of the citizens of Richmond.
55
56 Councilmember Donat thanked Goodwin for his presentation, adding that it is easier to make a decision
57 when one is well informed. President Parker announced he would allow five minutes for the opposition and
58 five for anything new.
59
60 Opposing the annexation were Helen Sowers, James Wallace and Don Eliason. Sowers commented that
61 hearings don't change anything and the reason the people who opposed the annexation were not in
62 attendance was because they believed that. She noted her displeasure at the idea of using the best
63 agricultural ground in the county for industry. Wallace said he was going to have to pay an extra$750 a year
64 in taxes and yet receive no services. Eliason said it seems as though Richmond doesn't want agriculture and
65 he is against the way the City is going to seize the land.
476
Common Council Minutes Cont'd
June 6, 1994
P-ag-e 8
1
2
3 Wayne County Attorney Robert O'Maley noted that he was privileged to be in on the discussion of the land in
4 Wayne County to be annexed. He said he was all for it because he believed it is in the best interest o
5 Wayne County and Richmond. He alluded to the discussion earlier concerning the Medical Arts Building
6 noting that this issue is comparable to that. He said that what was presented in the earlier issue was what h
7 believed to be very fair and arrived at after a long term of discussion by both parites. He commented furthe
8 that the County authorities passed the E.D.I.T. and the City is one of the major recipients.
9
10 Hearing no further comments either for or against the ordinance, Councilmember Dickman moved fo
11 engrossment, second by Councilmember Elstro and the motion was carried on a unanimous voice vote.
12
13 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 34 - 1994 to third an
14 final reading and read by title only, second by Councilmember Lundy and the motion was carried on a
15 unanimous voice vote.
16
17 The Clerk read Ordinance No.34-1994 on third reading.
18
9 Councilmember Donat told Sowers that hearings do make a difference, adding that after sitting in on thos
0 hearings she changed her vote. Then, commenting on Eliason's statements about the history of the land
1 she said Richmond has a rich history and one of the founders did not want the City to move beyond Main
F2 Street and he had fought it but finally gave up and Richmond proceeded to grow. Councilmember McBride,
P3 said he had heard the comments made tonight about destroying farmland and he said it was his
4 understanding that the ordinance would make the land available in case it was needed. Councilmembel
Allen said the information Goodwin had given Council had been extremely valuable, adding that evidently 90
6 percent of the people in the proposed annexation area are either in favor of it or do not care.
8 Ordinance No.34- 1994 was adopted on the following call of the roll:
9
0 Ayes: Elstro, Lundy, Brookbank, Donat, McBride, Allen, Dickman and Parker(8)
1 Nays: None
2 Absent: Hutton
32
ORDINANCE NO.38-1994
36 The Clerk read Ordinance No. 38 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP A
37 3363 EAST MAIN STREET
38
09 President Parker announced that the ordinance was on public hearing.
0
1 Attorney Steve Hunyadi explained that his clients propose to take the lot for a mortgage broker business an.
i42 request that the zoning be changed to R-3 one to eight family residence special use district to accommodate
143 the installation of the business. He said the lot is already isolated which eliminates the need for buffering an.
4 no substantial changes will be made since the property is only in a minor state of disrepair which will call fo
�45 some necessary changes but will not violate the standards of the City Code.
46
47 Hearing no further comments in favor and none against the ordinance, Councilmember Elstro moved fo
48 engrossment, second by Councilmember McBride and the motion was carried on a unanimous voice vote.
49
�50 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 38 - 1994 to third and fina
p1 reading and read by title only, second by Councilmember McBride and the motion was carried on -1
unanimous voice vote.
3
154 The Clerk read Ordinance No.38 -1994 on third reading.
55
16 Ordinance No.38- 1994 was adopted on the following call of the roll:
P7
8 Ayes: Elstro, Lundy, Brookbank, Donat, McBride, Allen, Dickman and Parker(8)
Nays: None.
�60 Absent: Hutton
61
ORDINANCE NO.39-1994
63
t5it The Clerk read Ordinance No. 39 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP A
5114 OLD NATIONAL ROAD EAST
477
Common Council Minutes Cont'd
June 6, 1994
Page-9
1
2 President Parker read Ordinance No. 39- 1994 and announced that it was on public hearing.
3
4 Stepping forward to speak in favor of the ordinance was Robert Burton, attorney for the owners of the land,
5 James and Sallye Creech. Burton said the ordinance will change the zoning to C-4 general business district
6 allowing the owners some flexibility. He explained that the Creeches purchased the property seven years
7 ago as a residence for his mother but had tried to sell it in recent years and found that it is not marketable as
8 a single family resident in an area that is zoned commercial. He pointed out that the property in the nearby
9 area which includes TSC, Longer's Trailer Court,Atlas Plastics and the shopping center, is zoned C-4.
10
11 Hearing no further comments either in favor or against the ordinance, Councilmember Elstro moved for
12 engrossment. Councilmember Brookbank said Planning Commission voted 10-0 in favor, second by
13 Councilmember McBride and the motion was carried on a unanimous voice vote.
14
15 The Clerk read Ordinance No. 39- 1994 on third reading.
16
17 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 39 - 1994 to third and final
18 reading and read by title only, second by Councilmember McBride and the motion was carried on a
19 unanimous voice vote.
20
21 Ordinance No.39-1994 was adopted on the following call of the roll:
22
23 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman and Parker(8)
24 Nays:None.
25 Absent: Hutton
26
27 ORDINANCES ON THIRD READING
28
29 There were none.
30
31 OLD BUSINESS
32
33 Councilmember Elstro announced that Councilmember Donat had received her Bachelor of Liberal Arts
34 Degree in English with distinction and honors in her recent graduation from Indiana University East.
35
36 MISCELLANEOUS BUSINESS
37
38 President Parker announced that he had been notified in a letter from the Telecommunications Council that a
39 vacancy has been created by the transfer of Larry Lunsford of GTE to Florida. He said the letter also carried
40 a recommendation that Richard Foore, also of GTE, be appointed as his replacement. Councilmember Donat
41 so moved, second by Councilmember Allen and the motion was carried on a unanimous voice vote.
42
43 President Parker advised that there was a vacancy on Redevelopment. Councilmember Donat moved to
44 appoint Cliff Wagner to the Economic Development Commission, second by Councilmember Elstro and the
45 motion was carried on a unanimous voice vote.
46
47 Councilmember Lundy mentioned the Police Merit Commission and President Parker said there were three
48 members the Council could vote on but additional information was needed before the vote could be taken.
49
50 ADJOURNMENT
51
52 There being no further business,on a motion duly made, seconded and passed,the meeting was adjourned.
53
54
55
56
57
58
59
60 Larry Parker, President
61
62
63
64
65
ATTEST:
Norma Carnes, City Clerk
478
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