HomeMy Public PortalAbout08-02-1993 281
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CIT-Y=OF`RICHMOND;tNDIANA ►1JGUST=2:i993
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, August
2 2, 1993, in the Council Chambers in said City. President Lundy presided with the following Councilmembers
3 present: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton.The following business was
4 had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER-COUNCILMEMBER PARKER
9
10 ROLL CALL
11
12 APPROVAL OF MINUTES OFJULY 19.1993
13
14 The July 19, 1993 minutes were not available for approval.
15
16 COMMUNICATION FROM THE MAYOR
17
18 Mayor Roger Cornett's talk in its entirety is in the Council file in the City Clerk's office.
19
20 At the invitation of Councilmember McBride, Dave Gilland of 724 South 15th Street, stepped to the lecturn
21 stating that he had 70 letters written by City employees and 63 names on the petition which he gave to the
22 City Clerk to give to Councilmembers. He also gave copies of his speech to the City Clerk who distributed
23 them. His talk in its entirety is on file in the City Clerk's office.
24
25 President Lundy admonished the impromptu happenings, stating that she would have appreciated being
26 informed of the unexpected addition to the agenda.
27
28 Chris Barker, City building inspector working in the Department of Law, said he has worked with the City
29 since August 1990. His initial responsibilities include inspecting new buildings and old buildings for code
30 compliance and dealing with trash problems and blights. When he first started, he said he inspected
31 32
structural components to new and old buildings and his hours were from 8:30 a.m.to 4 p.m.with an hour for
lunch. Since that time, 31/2 people who were support people in the office have been reassigned and that
33 work load has been redistributed to the four remaining inspectors. His job description has expanded to
34 include filing monthly government reports, issuing permits, planning reviews, zoning enforcement, program
35 documentation and pre-construction conferences. But there has been no increase in pay. His work hours
36 have expanded out of necessity because field inspections and required correspondence and scheduled
37 office hours for issuance of permits have filled the hours to capacity.
38
39 He said he often sees his co-workers coming in early in the morning, missing lunch or going home late at
40 night just to get the job done.Their salary for this work, however, has not increased since 1991.Although the
41 work and the hours are considerably more,the salary isn't even the same as it was in 1991.That is because
42 of a 50 percent increase in insurance and increases in taxes. He said he is not requesting an increase in
43 pay, but requesting that Councilmembers, elected to represent the citizens, help find a means by which City
44 employees might be compensated at the rate they were in 1991. It is his understanding, he said,that Council
45 took $1 million of RP & L dividends away from the City for a four-year period. He said it is his feeling that
46 those funds should be re-instated to the City and that the City employees should get a raise. He added that
47 too often budget provisions are made for things needed immediately and whatever is left at the bottom of the
48 barrel is applied to the salary of the employees. He said fortunately for the City of Richmond they don't have
49 bottom of the barrel employees.
50
51 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
52
53 PETITION NO.2- 1993-(ORDINANCE NO.56- 1993)-A SPECIAL ORDINANCE VACATING THE FIRST
54 ALLEY NORTH OF SOUTH A STREET BETWEEN SOUTH 2ND STREET AND THE CSX RAILROAD
55
56 The City Clerk read Petition No.2-1993 by title only.
57
58 Local attorney Bob Bever, representing Smarelli General Contractors Inc., said the alley cuts through its
59 property between South 2nd Street and CSX Railroad and is a strip approximately 173 feet by 10 feet wide.
60 He said his client owns property on both sides of the requested vacated alley premises and the alley has not
61 been used as an alley for years. It is, in fact, now a part of a vacant lot and in effect has been abandoned.
62 Bever said if you go west on this strip you would run into the railroad at South 2nd Street and fall off a
63 20-foot enbankment. He added that no other party is affected by this request, explaining that the procedure
64 for this is an ordinance because state law requires a public hearing within 30 days after the petition is filed
65 for vacating the alley. If the petition is in proper form it is later heard in an ordinance on first reading. He
asked that Council allow the petition to proceed to first reading and pass it after assignment and return from
the City Planning Commission. He added that Brad Smarelli, president of the company, is in the audience to
answer any questions.
282
Common Council Minutes Cont'd
August 2, 1993
Page-2
1 Councilmember Brookbank moved for adoption, second by Councilmember McBride. There were no other
comments and no opposition therefore the public hearing was closed and the matter will be taken up again
in the ordinance on first reading.
REPORT FROM CITY DEPARTMENTS
7 None presented.
6
9 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
10
11 The minutes of the meetings of August 16 and August 23 were given to Councilmembers prior to the
111 meeting.
1REPORTS FROM STANDING COMMITTEES
11
1 Councilmember Brookbank reported on the board meeting of Reid Hospital and Health Care Services,
1 noting that 20 of the 22 members were present. She said the local facility continues to enjoy a wonderful
1 i financial bottom line. She said an environmental problem in one of the departments is being worked on and
1 she had a human resource sub-committee meeting today.
20
2' REPORTS FROM SPECIAL COMMITTEES
22
2 Councilmember McBride noted that a Committee of the Whole had been postponed indefinitely.
2
2 REPORTS FROM OTHER COUNCIL COMMITTEES
2
1
2 None
2
2 ORDINANCES
3
3 ORDINANCES ON FIRST READING
3
3 Councilmember Brookbank made a motion to suspend the rules and read on first reading by title only
3 Ordinances No.55,56,57,58,59, 60, 61 and 62- 1993,second by Councilmember McBride and carried by
3 a unanimous voice vote.
3
37 ORDINANCE NO.55-1993
3
3 The Clerk read Ordinance No. 55 - 1993 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL
4 COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1994
4
4 Milligan offered the proof of publication which ran in the newspaper July 23 and July 30. He said the
4 ordinance could go forward on second reading for public hearing and the figures set forth in the ordinance
4 could be subject to change on second reading before engrossment. He added that there will be changes
4 because it will be necessary to state the total compensation of Councilmembers including the RP& L Board.
4 He said a new law was passed by this last state legislative session which took effect July 1 which requires
4 total compensation be stated in this ordinance regardless of any fund from which it comes. He said he would
4 have a second reading amendment to increase those amounts.
4
5 Councilmember Brookbank commented that she personally doesn't expect any improvement in her
5 compensation since the City has over 400 employees who haven't had a raise for three years.She said she
5 would not accept a raise. Councilmember Hutton asked what kind of raise the figures reflected and was told
5 it was 5 percent. Milligan said it was prepared at the instruction of the President of the Council at 5 percent
5 for all positions. Councilmember Hutton said she firmly believes that elected officials should not ever vote
5 themselves a raise. Explaining her action, President Lundy said she requested the City Attorney to do this in
5° order to have some figures projected into the budget. She said it was clear to her that the budget committee
5 and Councilmember Hutton were against the raise but she felt it was not her position to say what the Council
5: thought it should do. That is why she asked the City Attorney to put in the same five percent that had been
5° proposed.
60
6 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 55 - 1993 on second
6 reading and read by title only,second by Councilmember Hutton, and carried by a unanimous voice vote.
6
66: The Clerk read Ordinance No.55- 1993 on second reading.
28
Common Council Minutes Cont'd
August 2, 1993
Page-3
1 President Lundy declared Ordinance No. 55 - 1993 on public hearing. There being no comment either for or
2 against the ordinance, President Lundy bowed to the pleasure of the Council to hold Ordinance No. 55 -
3 1993 on second reading.
4
5 ORDINANCE NO. 56-1993
6
7 The Clerk read Ordinance No.56- 1993-A SPECIAL ORDINANCE VACATING THE FIRST ALLEY NORTH
8 OF SOUTH A STREET BETWEEN SOUTH 2ND STREET AND THE CSX RAILROAD
9
10 President Lundy announced Ordinance No.56-1993 would go to the Planning Commission.
11
12 ORDINANCE NO. 57-1993
13
14 The Clerk read Ordinance No. 57 - 1993 -A GENERAL ORDINANCE AMENDING CHAPTER 91 OF THE
15 RICHMOND CODE TO AUTHORIZE DONATIONS TO ANIMAL SHELTERS
16
17 Milligan said this ordinance had been requested by Councilmember Allen. He said it authorizes
18 Councilmembers to spend these funds and in order to proceed with this they have to have an ordinance that
19 enables them to give away the money. He added that this adds a fourth category to Section 91.14, Part C of
20 the Richmond code. It adds category No. 4: "Donations to animal shelters located within the City of
21 Richmond."
22
23 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 57 - 1993 to second
24 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
25
26 The Clerk read Ordinance No.57- 1993 on second reading.
27
28 Milligan explained that this ordinance has nothing to do with the contractual obligation for animal sheltering. It
29 simply authorizes Council to donate money to an animal shelter. He added that the present contract with
30 HELP the Animals Shelter Inc. has been continued on a month to month basis.The City is re-advertising that
31 contract for specifications which both local shelters will be able to meet and the bids will be let by the Board
32 of Works for the remainder of Mayor Cornett's term which ends December 31, 1995.
33
34 Councilmember Parker asked for an ammendment noting that applicable fees and expenses be taken care
35 of. He said it isn't fair to make a donation of the total amount of revenues without having expenses taken out.
36 Milligan noted that could be added to Part C which reads: Purposes for which funds may be expended are
37 limited to funds from the yearly registration of dogs and cats received as a result of fines for violation of the
38 animal control ordinance. No. 1 reads: Funding the salary of the animal control officer; No. 2: Purchase of
39 materials, supplies and services for the use and benefit of the city animal control program. Milligan said that
40 takes care of what Councilmember Parker is proposing: No. 3: Funding of the animal shelter contract. No. 4
41 adds donations.
42
43 Councilmember Elstro questioned whether or not this is the best use of this money, asking if it could be used
44 somewhere else. Milligan answered that it could, of course,be used elsewhere. He added that this ordinance
45 enables Council to make a donation. In another place in the ordinance on first reading there is an additional
46 appropriation ordinance which authorizes the money collected so far to be used as a donation to the HELP
47 the Animals Shelter Inc. Milligan said that is a result of Councilmember Donat's initiative in her discussion at
48 the last meeting. Councilmember Hutton commented that she thought when Council passed the ordinance
49 last year that the intent was to donate the money back to the shelter for educational purposes. Milligan
50 answered that is not the way the ordinance was adopted. Councilmember Allen said she knew that that is
51 one of the shelter's goals. Councilmember Hutton noted that with the education perhaps a smaller number of
52 animals would have to be put to sleep.
53
54 President Lundy declared Ordinance No.57- 1993 on public hearing.There being no comments either for or
55 against the ordinance, Councilmember McBride moved for engrossment, second by Councilmember Hutton
56 and carried by a unanimous voice vote.
57
58 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 57 - 1993 to third
59 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
60
61 The Clerk read Ordinance No.57-1993 on third reading.
62
63 Ordinance No.57-1993 was adopted on the following call of the roll:
64
65 Ayes: Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
Nays: None
Common Council Minutes Cont'd
August 2, 1993
Pago 4
ORDINANCE NO.58-1993 •
The Clerk read Ordinance No. 58 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
BUDGET
•• Milligan explained that since this is an additional appropriation a legal notice will be published tomorrow,
August 3,with the public hearing taking place at Council's August 16 meeting. In answer to Councilmember
Donat's question as to whether or not another ordinance would have to be passed to direct the money to the
• shelter within the City that Council would wish it to go, Milligan said this fund will be under the direction of
1. Council so if it is passed, Council will have $4,284 appropriated.Therefore, if Council decides to donate it to
1 one or more shelters it would simply do that by motion and the President of Council would sign off for budget
1- purposes.
1
1, ORDINANCE NO.59-1993
1. The Clerk read Ordinance No. 59 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
1 BUDGET
1:
1° Milligan explained that this ordinance moves money within the Department of Administration. It moves
20 $10,000 from category 3405 for disability insurance to category 1236 for temporary disability. He said it is
2 difficult to project what premiums will be in the health insurance field, adding that the temporary disability
2. insurance needs more money and the other fund shows an excess.
2•
2, Councilmember Allen said disability insurance is wonderful to have and a real benefit for employees but
2 questioned whether being self insured opens up more of a problem than knowing what the premium is.
2° Milligan said it was decided in the Department of Administration to cancel the disability insurance with
2 Shenandoah Life when the rates changed June 1, 1993. He said it became advisable to become self insured
2: rather than seek a private carrier,but noted that this is a situation where adjustments might have to be made
2° because it is always difficult to project a self insured cost.Giving some background,Otto Meuser, Director of
30 Administration, said when this administration came aboard in January 1992 things were out of control and
3 not monitored very well. He said there was a good amount of comp time, vacation days, carryover vacation
3 days, carryover sick days and accumulation of sick days up to 30, so it was to decided to substitute the sick
3. day policy for an insurance policy short term disability with premiums coming to $24,000 a year. However,
3, the entire year, benefits only exceeded $4,000. That's why the decision was made to go self insured
3 because it was felt it would be a savings to the City.
3°
3' Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 59 - 1993 to second
3: reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
3°
4. The Clerk read Ordinance No.59-1993 on second reading.
4
4' President Lundy declared Ordinance No.59-1993 on public hearing.There being no comments either for or
against, Councilmember Hutton moved for engrossment,second by Councilmember Parker and carried by a
unanimous voice vote.
4. Councilmember Parker moved to suspend the rules and advance Ordinance No.59- 1993 to third and final
4 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
4:
4= The Clerk read Ordinance No.59-1993 on third reading.
50
51 Ordinance No.59- 1993 was adopted on the following call of the roll:
5'
5: Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
5 Nays:None
5.
5• ORDINANCE NO.60-1993
5
5: The Clerk read Ordinance No. 60 - 1993 - A SPECIAL ORDINANCE AUTHORIZING THE CITY OF
5: RICHMOND TO ISSUE ITS "CITY OF RICHMOND, INDIANA ECONOMIC DEVELOPMENT REVENUE
6. REFUNDING BONDS (FRIENDS FELLOWSHIP COMMUNITY, INC. PROJECT) SERIES 1993" AND
6 APPROVING OTHER ACTIONS IN RESPECT THERETO
6'
6: Attorney Bob Bever, representing Friends Fellowship Inc., explained to Councilmembers that his client was
6, simply requesting the City to issue Economic Development Revenue bonds in the sum of $4 million.
6. Explaining further, Bever said it is actually a refinancing of existing bonds which have already been issued
by the City.
285
Common Council Minutes Cont'd
AugisL2, 1993
kage_c
1 Bever said that in 1981 there was an issuance of $1.5 million for the three-story addition to Friends
2 Fellowship and later in 1988 there was a$3.2 million issuance for remodeling done to a project. Bank One is
3 the holder of the current bonds and has allowed an early redemption to be replaced with the new$4 million
4 bond issue at a lower interest rate. Bever said this is similar to having a house refinanced while the interest
5 rates go down, adding that Friends Fellowship is attempting to take advantage of this through all of the
6 interested parties and all of those parties are allowing this subject to Council's approval.
7
8 In an attempt to refresh the memory of Councilmembers, Bever explained that revenue bonds are a form of
9 providing low interest financing. Because of the tax free nature of the interest the investors buy the bonds,
10 the interest paid on them is tax free and the City turns around and passes the money on to the facility which
11 has the economic development project at, of course, the same low interest rate. He added that all of this is
12 accomplished through an independent trustee. He said the City is just an intermediary on revenue bonding
13 like this and there is no City money involved. It is all private money so the city is not at risk on default. The
14 bond holders or the trustee on behalf of the bondholders look at the project itself and a letter of credit which
15 is being issued by the NBD bank as a source of repayment on it. He added that he is asking that this be bank
16 qualified. He noted the importance of this in that the issuance will not come into a $10 million annual limit
17 which is placed in some respects on the city, consequently no other project will be affected if this is
18 approved.
19
20 Bever said the Economic Development Commission had passed a resolution approving this issue subject to
21 Council's approval. He added that he had filed with the City Clerk all the necessary documents needed for
22 this project which included the master loan agreement, promissory note, trust indenture bond form, escrow
23 agreement,placement agreement,the irrevocable letter of credit from NBD Bank and the prospectus.
24
25 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 60- 1993 to second reading
26 and read by title only,second by Councilmember Hutton and carried by a unanimous voice vote.
27
28 President Lundy announced the ordinance would go to second reading to public hearing and it would be held
29 for the August 16 meeting for final adoption.
30
31 The Clerk read Ordinance No. 60-1993 on second reading.
32
33 Councilmember Parker questioned the reason for holding it on second reading and Milligan said there will be
34 a possible adjustment in some of the language and the final figures. He added that August 16 was requested
35 by parties involved in this particular bond issue for final passage.
36
37 Councilmember Brookbank commented that Friends Fellowship Community is a wonderful,successful facility
38 and the City is very fortunate to have it.
39
40 President Lundy declared Ordinance No. 60-1993 on public hearing.There being no comments either for or
41 against, President Lundy announced the ordinance would be held on second reading and scheduled for
42 engrossment and final vote on Council's August 16 meeting.
43
44 ORDINANCE NO.61 -1993
45
46 The Clerk read Ordinance No. 61 - 1993 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE
47 1994 FIREFIGHTER SALARY ORDINANCE
48
49 In response to Councilmember Parker's question, Milligan said the ordinance reflected a 5 percent raise.
50 Councilmember Elstro asked if it was an across the board raise and Milligan answered in the affirmative and
51 that it pertains only to the bargaining unit people.
52
53 Councilmember Parker moved to suspend the rules and advance Ordinance No. 61 - 1993 to second
54 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
'55
56 The Clerk read Ordinance No.61 -1993 on second reading.
57
58 President Lundy declared Ordinance No.61 - 1993 on public hearing.
59
60 Fire Chief James A. Sticco asked Councilmembers to consider passing the ordinance and in doing so,gave
61 some background. He said his people had not had a raise for the past two years but they still have done their
62 job. He noted their dedication and said he wished Councilmembers could see them in action,crawling into a
63 smoke-filled atmosphere where they can't see. He added that although they are protected with breathing
64 apparatus they are still at risk. He said, statistically, it is the number one hazardous occupation in the United
65 States.
2.8_6
Common Council Minutes Cont'd
August 2, 1992
Page-6
1 Sticco said firefighters have more responsibility placed on them by federal mandates and state mandates
2 and they have been thrown into the arena of hazardous materials. He said they are emergency medical
technicians, doing the same things the ambulance crews do. He said the federal government and the state
4 must have recognized the hazard of a firefighter because 15 years ago the federal government gave
E. $50,000 for line of duty death and up to 1993 that had been increased to$125,000. The state,six or seven
E years ago,gave$50,000 and now it is$75,000.
Sticco said the responsibility lies with the him, the Mayor and the Council, to make sure there is proper
9 equipment to work with but it is up to the Council to compensate them. He said he didn't know where Council
1 C is going to get its funding but he hopes they do as the Mayor requested earlier,getting more money from RP
11 & L. He said he had firefighters 10 years on the job that make $23,000, and not to mention any other City
1 employees, but he knows they're making $27,000 reading meters. In conclusion, Sticco said if the
1 firefighters should not get the raise Council could bet they will still be out there on the trucks protecting the
1 lives of the citizens of.Richmond at the risk of their own.
1-
1 Hearing no further comments for and none against the ordinance, Councilmember McBride moved for
1 engrossment,second by Councilmember Parker and carried by a unanimous voice vote.
1:
1' Councilmember Brookbank moved to suspend the rules and advance Ordinance 61 - 1993 to third and final
20 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
2
2- The Clerk read Ordinance 61 -1 993 on third reading.
2
2, President Lundy commented that if Council passes this ordinance it has to stand behind what it says when
2- budget time comes.She added that this is saying that they're going to get this money.
2;
2 Ordinance No.61 -1993 was adopted on the following call of the roll:
2:
2' Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
3� Nays:None
3
3- ORDINANCE NO.62-1993
3
3 The Clerk read Ordinance No. 62 - 1993 - A SPECIAL ORDINANCE AUTHORIZING THE REQUEST OF
3- THE URBAN ENTERPRISE ASSOCIATION OF RICHMOND, INC. TO BE CONSIDERED FOR AN
3: ADDITIONAL FIVE-YEAR TERM BY THE URBAN ENTERPRISE ZONE BOARD
3
3: President Lundy said it was her feeling that the ordinance needs to have much consideration and she would
3' like to see it placed in a Committee of the Whole. She asked for someone to step forward to give an
41 explanation of the content.
4
4- Dennis Bronston, Chairperson of the Urban Enterprise Association, said he was present to request the
4 reauthorization for the program because he believes it to be one of the best in the City of Richmond and in
the Economic Development arsenal which is the Enterprise Zone.
4-
4: He said it was in 1982 that the City requested the Enterprise Zone designation but he was only able to give
4 lukewarm support for the designation because of several structural program problems he was able to
4: identify. However, he said all of those have been addressed through state legislation, program requirement
4• modifications through the state or through Board policies. He said he believes the program has grown and
5I matured and therefore is just right for the City of Richmond.
51
5- Seventy-five percent of all tax abatement dollars generated by the Urban Enterprise Zone, Bronstron said,
5 stays in the hands of local businesses and 25 percent of tax abatement dollars generated by the local
5 government are used for administration of state and local government. He said the program has had a
5 positive impact in the community in economic development matters as well as community matters. He added
5; that he feels that has been possible because of the flexibility that was specifically designed into the program
5 to allow for changes and modifications as the individual needs and requirements of individual communities
5: change over time. He noted that the Enterprise Zone has served its general objectives in providing jobs and
5• opportunities for local citizens as well as providing business opportunities and opportunity for growth for local
6. businesses. He said copies of a video produced for the Urban Enterprise Association to use in the marketing
6 of the area is available to Councilmembers. He asked UEA Board members in the audience to stand and
6 also recognized Anna Holovaty, interim director.
6
6 In answer to a question by Councilmember Dickman about a time frame, Bronston said his preference would
6' be that Council would approve the ordinance tonight but the final deadline will not be until the end of the
month.
Common Council Minutes Cont'd
August 2, 1993
Page-7
1 Councilmember Parker moved to suspend the rules and advance Ordinance No. 62 - 1993 to second
2 reading and read by title only,second by Councilmember Dickman and carried by a unanimous voice vote.
3
4 The Clerk read Ordinance No.62-1993 on second reading.
5
6 Councilmember Parker asked what the 25 percent donation back to the Enterprise Zone amounts to over a
7 year's period of time. He also commented on a newspaper article in which it was stated that zoning saved
8 the old railroad depot, adding that was not entirely true. He said the Revolving Loan Fund paid for the depot
9 out of historic funds and it was then purchased from the Revolving Loan Fund through the Enterprise Zone.
10 He added that as of the year to date total expenditures in the depot amount to a quarter of a million dollars
11 and it still sits vacant. He said since the Enterprise Zone took it upon itself to save the depot, it is his opinion
12 that the Zone should market the depot,sell it and get it to be a valuable part of the City of Richmond, getting
13 it back on the tax roles. It is his feeling, he,said, that the practice of pumping money into it should be
14 discontinued, regardless of whose money it is, noting that it is the taxpayers' money whether it comes from
15 the Zone or the general public.
16
17 The Farmer's Market has moved into the refurbished area at the depot site, Councilmember Parker said, but
18 the building is not being used and the market could use more space. He asked the UEA to also consider the
19 amount of money that is brought back into the Zone through the 25 percent donation, adding that he thinks a
20 specific amount should be designated for social programs such as the paint up,fix up program and things of
21 that nature.Also,the other percentage, he said,should be available to the business owners in the Enterprise
22 Zone through a revolving loan fund type of loan and not go straight through the Revolving Loan Fund. He
23 feels that business owners should have their taxes come back and go into the revolving loan fund and
24 perhaps be loaned to someone who is not in the Zone and have the benefit of making low cost loans
25 available through their own money. He added that he feels the UEA has done a good job but he would like
26 for them to concentrate on that area instead of expanding, provide more employment in that area and utilize
27 those funds for the benefit of those business people in the Zone.
28
29 Speaking to the points raised by Councilmember Parker, Bronston said the money brought back into the
30 Zone through the 25 percent donated amounted to$175,000 in 1992 and projected revenues for 1993 show
31 that figure will be approximately $200,000. In the past, he said, the Enterprise zone has given back to the
32 Revolving Loan Fund approximately$20,000. He added that they would rather have their own revolving loan
33 fund and utilize more money than the $20,000. He said he appreciated the suggestions for the depot and
34 said the Board is in the process of seeking a fulltime director and once the director is on board and the
35 reapplication is submitted the Board definitely wants to finalize the strategy for dealing with the depot..He
36 said it is a definite concern of the Board and will be dealt with this year. He said several people had
37 expressed a similar concern about the amount of dollars that go toward the loan programs and the Board
38 feels that is a legitimate concern.
39
40 Councilmember Dickman commended the UEA and Bronston for being heavily focused toward social and
41 community projects and said he would also like to see more of an equal balance between economic
42 development and businesses. Councilmember Elstro brought up the subject of extending boundaries and
43 Bronston answered that the Board had not had an opportunity to study that proposal. He added that any
44 boundary modification would come before the Council,giving them an opportunity to ask questions.
45
46 President Lundy declared Ordinance No. 62-1993 on public hearing.
47
48 Among those speaking in favor was Charlie Mosey who commented on his business at Mosey Manufacturing
49 Co. He spoke about costs of manufacturing,disadvantages of small companies,taxes and reassessment.
50 He said between his company and Primex Plastics there are 700 of what he calls Enterprise Zone jobs. He
51 said it seems unfair that they have the Enterprise Zone and there are sections of the City that don't have the
52 Zone. Mosey said every industrial job and every productive job in Richmond is a very precious thing and the
53 money brought into the City by the small factories as well as the big ones is very important. He said he is in
54 favor of keeping the Enterprise Zone and keeping it healthy. Mosey said he loves to pay his taxes to the City
55 because he said he can see the money spent right here in town on the firemen and all the people in the City
56 who do the streets and he doesn't want them to do without any money. However, he added, he is definitely
57 more interested in what he calls virgin money- money that is brought into the City to be bounced around to
58 all the retailers and all the services.
59
60 Donalee Phelps, representing Teacher's Helpers and Holiday Shop on Chester Boulevard,said that business
61 had started 17 years ago as a service to teachers and she was in favor of the Enterprise Zone remaining.
62 She said it saves on taxes, adding that if the taxes go up their market is so small that it would mean closing
63 their business down in a short time. She said there are hundreds of teachers who come to the store to get
64 the things they can use in the classroom.
65
Common Council Minutes Cont'd
August 2, 1993
Page 8
1 Before they began their business, Phelps said,teachers had to go to Muncie, Indianapolis or Dayton or order
from a catalog. She said she feels that what they are doing is important and she thinks it is helpful to many
people other than teachers. She added that more and more parents are coming into the store to look for
things to help their children who are perhaps having difficulty or merely to get some help to strengthen what
the children are learning in schools. She said the saving on taxes which they gain as part of the Enterprise
Zone is helpful although they did not move into the Zone for that reason.
Robert Greene with Adam H. Bartel Co. at 911 North E Street, a wholesale distribution company in business
in Richmond since 1877, said he appreciates the advantages of being in the Enterprise Zone. He said the
1 business maintains a fairly large inventory of fabrics and apparel and also supports floor covering divisions in
111 Indianapolis, Cincinnati and Louisville. Seventy people are employed overall, with 17 of those in the
1 Enterprise Zone, but they provide to financial support for the other divisions. He said he is interested in
1 seeing the depot and the area around it develop, noting that there is a good potential for some kind of
1 commercial enterprise,possibly antiques or crafts to go along with what the Farmer's Market has to offer.
1 .
1� President Lundy commented that she had received a letter from the owners of Curt's Work Clothes at 10th
1 and Promenade who are totally in support of the Enterprise Zone and wants to see it continued.
1
1 Doyle Lincoln, owner of Linkomatic Manufacturing at 310 North 8th Street, said that three years ago his
2 building was falling down around him. He said he lives in Eaton, Ohio, and at that time was considering
21 moving his plant there. However, Harry Voyles wanted to sell his building and Lincoln opted to buy it and
2 stay in the Enterprise Zone and take advantage of its support.
2
2 Also speaking in support of the Enterprise Zone was David Nixon of Nixon Tool Co. which is located in the
2 Zone. He said the E.D.I.T. tax will be a marketing tool to sell this community to bring in fresh new jobs,
2 adding that you can not market things without an arsenal of advantages and he feels the Enterprise Zone
2 I offers advantages that might make the difference as to whether or not a business decides to come here.
2
24 Holovaty presented a copy of the video to each of the Councilmembers and invited their questions.
11
31 Councilmember Brookbank commented on the Farmer's Market, noting that the City took a gamble when it
3 moved but added that it has become the social.event of the week and she takes advantage of getting fresh
3 produce on Saturday morning and Tuesday afternoon.
3
3 , Mike Marsio of 601 North D Street said his business saved money last year by being in the Enterprise Zone.
37
37 He said they fixed about 60 feet of sidewalk in front of his building,with the City furnishing the concrete.
3E Hearing no further comments for and none against the ordinance, Councilmember McBride moved for
38 engrossment,second by Councilmember Brookbank and carried by a unanimous voice vote.
4C
41 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 62 - 1993 to third and
4 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
4 vote.
4 The Clerk read Ordinance No.62-1993 on third reading.
4
4 Ordinance No.62- 1993 was adopted on the following call of the roll:
4d
4 Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
5 Nays: None
151
5 ORDINANCES ON SECOND READING
5
5 ORDINANCE NO.20-1993
5
5 The Clerk read Ordinance No. 20 - 1993 - A SPECIAL ORDINANCE ANNEXING TERRITORY
5811 CONTIGUOUS TO THE SOUTHEAST CORPORATION LIMITS TO THE CITY OF RICHMOND
5
5• President Lundy said this ordinance was tabled for two weeks so each side could get together to develop a
60 workable situation. She said a public hearing was held at the last meeting and asked Milligan to explain the
61 workings of a public hearing. He said that the only required public hearing, by law, was conducted by the
6- Planning Commission and by Council's own rules and custom they held a public hearing on second reading.
6 He added that this ordinance has been pending on second reading going on the third month and President
6, Lundy had previously stated there will be no further comments from the public which means there will be no
6- opportunity to address the Council tonight.
289
- I
Common Council Minutes Cont'd
August 2, 1993
Page 9
1 President Lundy said several things had been brought to her attention and she gave Councilmembers an
2 opportunity to make their comments. Councilmember Elstro said he had talked with the S.P.U.R.
3 representatives who had talked with Bob Goodwin, Director of Planning, and made changes in the corrected
4 copy of Ordinance No. 20 that Councilmembers had received in their packets. However, since then, more
5 amendments have been suggested and he had given copies of those to Councilmembers and the City Clerk.
6
7 President Lundy said Councilmembers have copies of the changes which have already been made and she
8 felt these should be highlighted.
9
10 The Clerk read the 39.13 correction: "In consultation with the advisory committee,the director may grant an
11 exemption to any regulated chemical that does not present a threat to the ground water. This chemical will
12 be excluded from the 550 gal.storage limit."
13
14 President Lundy asked Goodwin if that correction had been made and he answered that the language put in
15 prior to tonight read: low toxicity to human health. He did not agree with the correction mentioned above. He
16 said the toxicity wording had been put it because that is something that can determine whether it is toxic to
17 human health and leaves the threat to ground water wide open. When Councilmember Elstro questioned
18 Goodwin's knowledge of all the chemicals, Goodwin said he is not an expert but feels free to call on experts
19 to advise him.Councilmember Elstro said he wanted to move to amend the ordinance with 39.13 as stated.
20
21 Councilmember Donat commented on 39.13 (h)saying she understands the toxicity to human health is much
22 more stringent than what they would recommend as a threat to the water system. She noted that it would be
23 a lot harder for industries to adhere to,so changing that would be the recommendation from S.P.U.R. would
24 satisfy their needs plus help industry standards. Councilmember Dickman said he didn't understand why
25 Council should loosen the standards when human health is its primary concern. Councilmember Donat
26 responded that there are some things that are toxic to human health that are not to the water supply such as
27 chlorine.
28
29 Goodwin said it is a matter of interpretation from the standpoint of toxicity to health he is talking about what
30 gets into the ground water. He added that the fact it may get on anybody's hands within the building itself
31 would not present a hazard, but he is talking about the protection of the aquifer. Councilmember Elstro
32 suggested the way to introduce the amendments would be to go down the list and ask the City Clerk to read
33 each one, separately. President Lundy said that during the two weeks'work session the S.P.U.R.group had
34 met with Goodwin and had some changes they all agreed on but apparently there are some things they are
35 still not in agreement with. She added that she realized that Council could have new evidence come up
36 forever and this is a way to find a median point for all. She said Council wanted to try to get as much of this
37 done as possible and it is trying to be fair.
38
39 Milligan said the proper procedure would be to simply make a motion to amend and vote on it then go down
40 through all the proposals. He added that the overall proposals distinguished by italics in the draft that
41 Councilmembers have,could be handled in an ominbus amendment at the end of the discussion.
42
43 The City Clerk read No. 1:Add the following sentence to section 39.03: Site plans with less than 40 percent
44 green area must be certified by a hydrologist, hydrogeolgist or engineering geologist. Rationale: As a result
45 of reading the Qsource report of 5/25/93, a letter from Cathianne Watkins to Bob Goodwin dated 6/29/93,
46 and a personal conversation with Cathianne on 7/29/93, it is apparent that a 50 percent green area is a much
47 more realistic approximation of the area necessary to allow full permeation of rainwater in this area.To imply
48 that 15 percent could be adequate is misleading.The review by a hydrologist was suggested in Cathianne's
49 7/29/93 letter as one alternative.
50
51 No. 2 and 3. Add the following 2 sections: 39.15 (h) The advisory committee may assist the director, the
52 inspection team and industry in the implementation of this plan by offering technical advice. This could
53 include reviewing exemption requests, developing guidelines for operating plans, employee training and
54 emergency response, inspection procedures and inventory reporting. Rationale: Planning staff may not
55 consistently have the extensive training in hazardous materials necessary to make some of the day-to-day
56 technical decisions required. Neither do they have the time necessary to obtain such training. A technical
57 advisory committee is used in Dayton to supplement the work of 4 full-time ground water professionals
58 working on implementation of their plan. Cathianne expressed support for this idea on 7/29/93 as an
59 alternative to hiring a permanent consultant or a part-time staff person because of the highly technical nature
60 of chemical management.
61
62 39.16 The provisions of sections 39.03 through 39.10, inclusively, will also apply to all the areas of the
63 annexation outside of wellhead zones 1 and 2. R1 areas will be exempt from the 40 percent consideration in
64 39.03.
65
290
Common Council Minutes Cont'd
August 2, 1993
Page 10
1 Rationale: Qsource recommended in their report dated 5/25/93 that the balance of the annexed area be
included in zone 2. The current ordinance reduces zone 2 by approximately 400 acres.The net result is that
these 400 acres are entirely unrestricted except for the primary zoning. This would allow septic systems,
underground storage tanks, etc. To be sure subsequent planning directors realize that declaring those 400
acres as wellhead zone 3, and applying the 550 gallon limit only in zone 2. The net effect would be the same
but this second method would require language changes in several other sections. The Indiana Plan will
require 3 zones according to a letter from Orville Allen to Bob Goodwin dated 2/23/93 so there is precedent
for 3 zones.
1 Taking the suggested amendments one at a time, Goodwin said that the site plan called for site plans with
1 less than 40 percent green area to be certified. He noted that when a potential buyer sees that 40 percent of
1 the land has to be set aside from day one, Goodwin thinks that puts a negative thought in their heads. He
1 said the City is competing with the ground in the area in question with Eaton, Ohio and other industrial
1 communities which also have industrial parks. He said the current ordinance calls for 15 percent and that is
1 a minimum and a certified geologist, certified hydrogeologist or certified engineer with a specialty in
1 hydrological movement is presently required through the City Engineer's office on any site plan that comes in
17 dealing with hydrolic air water movement. He said that part is not new and it was his feeling that it didn't
1: need to be included in the legislation because if,at that point, 15 percent is not adequate they are mandated
1• to increase it to 20 percent, or 30 or 40 or whatever is required in order to handle sufficient drainage
2# problems in the area.
2
2 Goodwin said the City Engineer will not accept the design plan if a design expert has not certified the
2 drawing and that means stamped by a state certified individual. He said Bob Wiwi is quite capable of making
2, these calculations himself, however, he will not certify it for them. It has to come in from an architect or an
2' engineer who has certified to the hydrology of the plan itself. Councilmember Parker suggested that the
2. wording "without approval of a certified hydrologist"be added and Goodwin said his objection was to the 40
2 percent because it is redundant and it would be legislating something that is already being done.
2:
2• Answering the question posed by Councilmember Donat as to who hired Qsource, Goodwin said it was the
3# City Planning Department because they felt they needed the technical advice. She said Qsource
3 recommended that 40 to 50 percent be the classification, not 15. Goodwin responded that that was one of
3 their initial thoughts but after conferring with them the Planning Department came up with the ordinance and
3 they backed it before the Planning Commission and again before the Council. He said 15 percent is
3• adequate because it is just a beginning point. Councilmember Donat said she understood that Qsource did
3 not see the ordinance and they still stood by the 40 to 50 percent. Goodwin said that was simply incorrect
3• because they testified before the Planning Commission and before Council with the 15 percent in there.
3
3 Councilmember Parker asked what objections Goodwin would have if the wording would read: "maintain a
3 green area of at least 15 percent of the total lot area allocated for such structure or use, (not saying 40 or
4 50). Such building, structure or use shall provide for full recharge of rain water into the ground water system.
4 Such system shall be contructed and certified by a hydrologist to the satisfaction of the city engineer of
4 Richmond, Indiana." He said that would give Goodwin the 15 percent and also the assurance that the
person who does certify it is a hydrologist.
4
4 Addressing Item No. 2, Goodwin said experts within the community are called on infrequently and a good
4 part of this ordinance was put together with the advice of local experts. He said, however, he felt like it,too,
4 was redundant and was against it because he had the feeling that it implied he could not get the job done so
4 experts were going to be called in to advise him.
4
5 Commenting on Item No. 3, Goodwin said the whole purpose in putting this wellhead ordinance together is
5 to protect the wellhead area and that is Zone 1 and Zone 2 as described by the soil maps available through
5 the Earlham College geology department. He said he felt it was not necessary to include those areas that do
5 not participate in direct recharge of the aquifer or are not part of the aquifer itself.
5
5 Councilmember Parker said it also appears that with this provision would be better because the R1 areas
5 would be exempt from that 40 percent consideration. He added that if that is not put in there it seems they
5 would automatically have to follow the same rules. Goodwin said the way it is written is that it is those areas
5 within Zone 1 and Zone 2 that those things apply to. However, these apply to the areas outside Zone 1 and
5 Zone 2. He said septic systems will not be allowed in there simply because the sewers are there and they
6 would be required to tie into it. This is in the R1 district. As a part of the annexation ordinance there is a
61 sewer that would be going up the Garwood Road area which would service the residential properties which
6- are presently there, many of them on septic systems. He said the underground storage tanks, etc. are
6 regulated under a local fire code, depending upon the type of use. For this particular area, Goodwin said, he
6, suspected they are talking about uses for fuel and that type of thing, and that is regulated under a separate
6- code. So he doesn't see that anything is gained by applying these restrictions to the R1 district or to the
areas that are to the east which include the area around Roby Lane.
291
Common Council Minutes Cont'd
August 2, 1993
Page 11
1 President Lundy said that in all fairness she felt the group who worked with Goodwin should be given some
2 time, no longer than five minutes,to comment in case they had some questions. Speaking for the group was
3 Peggy Branstrator of 439 College Avenue who commended on item No. 4. She said O.S.H.A. decides
4 whether or not things are human health hazards and it is listed on the back of the material safety data sheet
5 so the idea that the Director of Planning could overrule that ruling by O.S.H.A. would violate a federal law
6 and that is why that wording needs to be changed. She added that the intent is to loosen restrictions and
7 make it easier for businesses to operate because there are some things that by O.S.H.A. regulation would
8 fall under the definition they chose to use as an O.S.H.A. regulated substance. She said it would present no
9 threat to groundwater and an example of that might be some kinds of gases.A gas could have human health
10 hazards but if it were released accidently would not be any threat to the groundwater. She said a business
11 could apply for an exemption and those items would not need to be included in the 550-gallon limit so it is not
12 an additional restriction.
13
14 She said the purpose of No. 2 is to help industries work through the regulation and the group thinks it would
15 be a real selling point to industry going into the area.They do have some additional restrictions, but she said
16 that is only right and proper, because if they didn't have these it would not be protecting the ground water.
17 She said this was recognized well by Orville Allen in his February letter to Goodwin in which he said: "The
18 state strongly recommends restrictions or even prohibits some type of land use activities within the three
19 wellhead protection zones. It should be in everyone's best interest that land use in this particular area be
20 restricted in regards to contamination of the water supply." Noting that, Branstrator said it will be necessary
21 to have some restrictions and there will be some businesses that perhaps are put off by this. However, if they
22 realize there is a group of people who will help them comply with them and undertstant what is needed, she
23 feels it will benefit the business. In other words,she said, it says they don't have to go out and hire expensive
24 consultants,adding that what it actually is, is free consulting for people who want to work in this area.
25
26 Branstrator said 39.07 deals with outside storage of things and Part B particularly deals with substances
27 which could bleach or diffuse by rainwater or blow out of an outside storage facility. She said this puts some
28 restrictions on storage so that it is necessary to dike or contain those in some way to keep them from blowing
29 around or washing around. She said it is possible to store toxic materials immediately adjacent to wellhead
30 Zone 2 and they can blow or be washed out with rain water causing them to wash right into wellhead Zone 2
31 in many areas because of the slope out there. She added that it needs to be made clear in the ordinance
32 what the intentions are. She said she agreed with Councilmember Parker's suggestion to resolve No. 1. She
33 added that she disagreed with the implication that these things that are being proposed are intended to make
34 it difficult to develop in that area. She said it is her feeling that the group is trying to work with the City in
35 trying to find something that everyone can live with but there are a few places where there is some oversight
36 because of the highly technical nature of this field that the group is trying to get cleaned up.
37
38 President Lundy commented that she had received several calls about this issue to the point that it had been
39 rumored that several people are separating themselves from this because they are not for the annexation
40 and there will probably be a suit of some type or a remonstrance. She asked what would happen if this
41 should come about and Milligan responded that the annexation has to be advertised in the local newspaper.,
42 and 60 days within the period of that first advertisement remonstrators must file in a local court in order to
43 block the annexation. He added that there are specific statutory grounds for such a remonstrance and it can
44 only be filed by certain individuals, either land owners or a certain percentage of the owners of all the
45 separate parcels. It would have to meet those tests, he said, and there are tests set out in the statute that the
46 court has to make specific findings in order to find that the annexation is not appropriate.
47
48 He said this ordinance is designed to anticipate all those tests, for example, an annexation can take place
49 with one-eighth contiguous property and this one has one-fourth because that is one of the tests in the
50 remonstrance.Therefore this development could go forward until such time as a court would in effect declare
51 the annexation null and void and would be effective upon signing. It could be jeopardized only if a court
52 would change the zoning in any way and it would be only whether or not the property could be annexed and
53 there is no remonstrance procedure against a rezoning. It would just be that portion of the ordinance that has
54 to do with annexation.
55
56 President Lundy said several people are concerned about the road (South 37th Street) because they know
57 what significance it has for the City. She asked if the issue does go to court could the land be annexed and
58 the work proceed on the road. Milligan answered that the whole purpose for the road is to go ahead and
59 develop the entire area and it is a major development feature of the total area to be annexed. If, in fact,the
60 total area was not annexed there would be considerable doubt as to whether or not you could justify building
61 a road simply for frontage of property owners along that road.
62
63 After listening to Branstrator, Councilmember Dickman suggested changing the wording in No. 1 to come to
64 a point in between which possibly would work quite well. His suggested change was"where site plans with
65
.292
Common Council Minutes Cont'd
August 2, 1993
Page 12
1 less than 25 percent green area must be certified by a hydrologist etc." Councilmember Parker said it was
fine, but why not leave the percentage at 15? Councilmember Dickman said with Councilmember Parker's
suggestion everything would require a hydrologist. With this change they wouldn't need a hydrologist and it
would allow businesses that opportunity to keep a larger amount of green space and not spend those dollars
for a specialist.Councilmember Parker agreed.
Councilmember Elstro moved to amend No. 1 with the wording read by Councilmember Dickman,second by
Councilmember Parker and carried by a unanimous voice vote:
•
1. Councilmember Elstro moved to amend 39.15 (h) adding the language in the box read by the City Clerk,
1 second by Councilmember Donat and carried by a unanimous voice vote.
1•
1 Councilmember Elstro moved to amend 39:16 as printed, as framed and as read and it was seconded by
1, Councilmember Donat. However the vote was not unanimous. Councilmember Allen noted that she had a
1 problem with the provisions in that they applied to all the areas of the annexation outside the wellhead Zones
1: 1 and 2.Councilmember Donat said that Branstrator had said substances from another area could come into
1 it. She added that the vote had already been taken and asked for a roll call. Goodwin asked that
1: Councilmembers refer to Exhibit A in their packets pointing out that it basically prohibits virtually anything
1• occurring within the 750-foot radius around the wellhead. He said that is why he feels it is unnecessary to
2. apply all these restrictions to the areas that are not a part of the recharge areas or a part of the aquifer area
2 itself.
2-
2 Ayes:Elstro, Donat, Parker, Hutton, Lundy(5)
2, Nays:Brookbank,Allen and Dickman(3)
2- Pass:McBride(1)
2:
2 Councilmember Elstro moved to amend No. 39.13 (h) as read, second by Councilmember Donat and
2: receiving no unanimous vote the City Clerk called the roll
2'
3 It was amended by the following call of the role.
3 ''
3- Ayes:Elstro, Donat, McBride,Allen, Dickman, Hutton and Lundy(7) 1111
3 Nays:Brookbank and Parker(2)
3'
3- Councilmember Donat moved that the property owned by Karen Kimball be exempt, second by
3: Councilmember Hutton.
3
3: Councilmember McBride asked what would happen to the property if the annexation goes through.Goodwin
3• said that her property with an industrial classification would allow her to continue her agricultural use and
4. animal husbandry. And, she could convey that property for the same type of use in future years. Goodwin
41 said she could continue to live there and her children after her, living in the same manner as they do now.
4- He said the reason the City wants to zone this industrial now is to preclude residential development along
4 Hodgin Road so that if and when it is annexed and becomes part of the community it would be open ground
available for industrial uses. By placing industrial classification there, new housing is not permitted. Kimball
could continue living there as she does now but could not sell land off for development along the front.
4;
4 In answer to Councilmember Parker's question about what disadvantage it would be to the City if the
4: property is annexed but left agricultural, Goodwin said the City is making contributions and developing that
4• area for anticipated industrial growth and if non compatible uses are allowed to grow up in the area there
5' might be some that make it extremely difficult to develop it the way the City envisions it to be. He said he
51 explained earlier that the primary reason for the initial annexation of this area and trying to provide industry
5- in this area is the fact that there are location advantages such as the Norfolk Southern Railroad. He said this
5 particular site and others out there are easily accessible from the railroad and lend themselves very well to
5, industrial development. He added that the City doesn't have a lot of other choices within the community and
5- once this area is lost for future industrial growth there are not a lot of alternatives to move to. He said the
5: City is trying to guide the growth and development in that area which is just good zoning.
5
5: Councilmember Parker said it appears to him that if Kimball wants to sell her land she would have to come
5• to the City and ask for re-zoning. Goodwin said the City is trying to preclude a noncompatible use going in
6i there that would keep it from becoming manufacturing in future years. He further explained that in going into
61 a residential development in order to get a site, economic development has to buy houses and tear them
6- down which might not be nearly as economically feasible. Councilmember Parker asked whether or not
6 Kimball would still have to come to the City for zoning if her property is zoned agricultural. Goodwin
6' answered that houses can be built on two-acre lots as long as permits are requested from the City.
6-
6.1
Common Council Minutes Cont'd
August 2, 1993
Page 13
1 Mayor Cornett asked Goodwin if that would be spot zoning and Goodwin said what Councimember Parker is
2 talking about would be simply not putting a zone classification and just leaving it there. Mayor Cornett said it
3 seems that if you would leave a spot R1, surrounded by M1, that would be spot zoning. Councilmember
4 Hutton said she didn't understand that if it is Kimball's spot why she can't leave it the way she wants it.
5 Goodwin said that the City is faced with that all over the community. He said Council is charged with making
6 the decisions for the community and his Planning Department and City administration tries to recommend to
7 Council what they think, from a professional standpoint, it should be. He added that each individual cannot
8 be left to his or her own devices. He said that is a service provided by local government and mandated by
9 state law that these boundaries are set forth as part of the City's comprehensive planning and that has been
10 done using the enforcement tools of the zoning ordinances. It is not something that can be left up to the
11 citizens.
12
13 Councilmember Brookbank pointed out that the huge metropolis of Houston, Texas is a major example of
14 spot zoning. Mayor Cornett said the City does not allow anybody else to make their own determination and
15 we need to get back to the fact of whether or not one individual is going to be treated special at the expense
16 of everybody else. Addressing that remark, Councilmember Donat said this just may well be at the expense
17 of everyone else. She noted that she had spoken with Kimball and to Kimball's attorney and it appears that
18 she would have grounds for litigation and it would be at the expense of the entire city if that litigation
19 becomes a reality. Councilmember Donat said Kimball's attorney has indicated there are grounds and said
20 he had told her what those grounds were. She added that her motion stands.
21
22 Councilmember Dickman asked Councilmember Donat if her motion meant exempt from the annexation and
23 she answered in the affirmative. He said initially he heard that Kimball had no problem with the annexation
24 and had no problem with paying the taxes. Councilmember Donat said that was the case earlier but after
25 Kimball was denied the Al standing she hired the attorney who delved into the matter. That is when she
26 found out a lot of these other things that came into the picture, Councilmember Donat said, changing her
27 position and deciding to ask to be exempt. She added that it was only after Kimball obtained an attorney and
28 discovered the additional information that she changed her mind.
29
30 Councilmember Brookbank asked Milligan what his opinion was on this particular property and he answered
31 that Goodwin had stated it correctly. Councilmember Lundy said that several other people on other streets
32 would also like to have the exempt status and if Council allows Kimball's property to be exempt there could
33 be possible litigation from that standpoint. Councilmember Parker asked why the City wants to change the
34 residential areas of Roby Lane and Cumberland to C4 instead of leaving them in their present zoning.
35 Goodwin said once again it goes back to the initial purpose of putting together a comprehensive plan and
36 trying to determine the way the City is going to grow in the future and trying to guide development. The City
37 is trying to put together a plan for this annexation area that is going to give some idea right now for all
38 planning purposes what to expect out there in the future.
39
40 He noted that the character of the area is changing from U.S. 40, coming down from Roby Lane. There are
41 very few residential structures left and the future for that area is that there are going to be very few
42 residential properties left and that is C4 zoning.Goodwin said the City is trying to provide ground area within
43 the community so that when a developer comes to town he can say this is the area he is interested in and he
44 can deal with the property owners there.The zoning ordinance is already in place and they recognize what is
45 needed out there.They plan for the infrastructure,the sewers are in place as are the road improvements and
46 all they have to do is deal with them.They don't have to come before the Planning Commission and Council
47 and fight each individual parcel battle as the area grows.Goodwin said the City either recognizes the area is
48 going to change and try to provide for that change or it will be a constant thing of trying to react when
49 somebody comes in and asks for something in 30 days.
50
51 Milligan said what is being done here is enabling an individual to continue to live on a piece of property the
52 way she wants to live and simply inhibiting her from determining the community's future use of that beyond
53 her use of it by not permitting her to sell it off into residential tracts because that is incompatible with the
54 surrounding area which is all going to be light industrial. He added that it is a matter of uniformity and not
55 treating her in a special way and obviously she is in a position to control the use of that land as long as she
56 wants it and as long as her children want it.
57
58 President Lundy said a motion was on the floor to exempt the Kimball farm and it had been seconded. She
59 asked for a call of the roll.The motion was defeated by a 5 to 4 vote.
60
61 Nays:Brookbank, McBride,Allen, Dickman and Lundy(5)
62 Ayes:Elstro, Donat, Parker, Hutton(4)
63
64 In adopting the proposed amendments to Ordinance No. 20 - 1993, Milligan asked Councilmembers to
65 simply refer to the italicized portion and an omnibus amendment at this point would be that the italics be
9
Common Council Minutes Cont'd
August 2, 1993
Page 14
1 incorporated and the bold face eliminated in the final draft.These, he said,were all the.amendments agreed
to by Goodwin and representatives of the group that worked with him in the past few weeks. Councilmember
Parker moved that the bold type in the body of the paragraph be removed and the words in italics and
parenthesis immediately following to be added and that other words in the parenthesis are just added
language,second by Councilmember Allen,and carried by a unanimous voice vote.
Councilmember Donat said since the motion to exempt the Kimball farm did not pass, she would like to
make another motion asking that the Kimball farm be allowed to remain Al, second by Councilmember
• Elstro and it was passed by a roll call vote of 6 to 3.
1'
11 Ayes:Elstro, Donat, McBride, Parker, Hutton and Lundy(6)
1 Nays:Brookbank,Allen and Dickman(3)
1
1 Councilmember Parker moved for engrossment of Ordinance No. 20 - 1993, second by Councilmember
1 Brookbank and carried by a unanimous voice vote.
1;
1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 20 - 1993 to third
1: reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
1•
2' The Clerk read Ordinance No.20-1993 on third reading.
21
2 Ordinance No.20-1993 was adopted on the following call of the roll:
2
2 Ayes:Brookbank, McBride, Parker,Allen, Dickman and Lundy(6)
2- Nays:Elstro, Donat and Hutton(3)
2;
2 ORDINANCE NO.40-1993
2:
2• The Clerk read Ordinance No. 40 - 1993 - A SPECIAL ORDINANCE PROMULGATING A
3I NEIGHBORHOOD POLICY
31
3- Councilmember Hutton asked about proposed budget, noting that she knew it was necessary for somebody
3 in the City to buy the building but was not quite sure she understands why it is in the neighborhood budget
3, because many other entities use the building besides the neighborhoods. Goodwin said the budget was put
3- together at the request of the Council which was made two weeks ago. He said the building acquisition and
3. furniture actually in the design center had a category there totaling $115,000 at cost, noting that would be
3 necessary to acquire the building, interior renovation and mechanical systems renovations. The
3: neighborhood clearinghouse itself would total$57,000. He said the neighborhood associations which are the
3' five organizations it is anticipated forming over the next year,through 1994,will be $1,800 each per year for
4' a total of$9,000 to fund their individual association operations in each of their individual neighborhoods and
41 that is just seed money to get them started.
4.
Goodwin said individuals in Human Services as a part of the Department of Administration in the City would
take over the additional functions. He said new money would total about $9,000. Councilmember Hutton
4- asked who pays for the design center now and Goodwin said the Redevelopment Commission picks up the
4: cost of the rent and utilities. She asked if Main Street pays a portion of the rent and questioned as to why
4 the neighborhoods should be paying the rent. Goodwin said what is being proposed for the future is that the
4: clearinghouse is the organization that is going to maintain the building and govern the use of the space of
4• the structure itself and will be charging other entities some fee to be there. Goodwin said he felt the design
5' center is a very important aspect of the overall planning goals, noting that the modeling going on in that
5 structure is essential from the standpoint of getting the community involvement on the various projects.
5-
5 As an example, he said, available to see now are the plans for the Main Street bridge.To see exactly how it
5. is going to look you can look at the alternatives the state has given in the past and how that has been
5. modeled.There is also a model of the Promenade which is somewhat smaller than the 40-foot model of the
5: Gorge Park, but all are extremely important, Goodwin said, in that it makes the community aware of what is
5 going on everywhere. The design center would also provide the space needed for setting up the
5: neighborhood clearing house and for the neighborhood associations to converge on a central location.
5•
6I In answer to Councilmember Parker's questions about the cost, Goodwin said some old money would be
6 I used to expend the salaries of$39,000 plus$9,000 for the fringes which amounts to$48,000 out of a budget
6- of $58,000. For clarification, Councilmember Parker stated that this ordinance has nothing to do with the
6 money but simply adopts the policy. Budgeting can come later. The way the center would work cost wise,
6 Goodwin said,there would be multiple users,all of whom would be expected to contribute toward the cost.
6-
295
Common Council Minutes Cont'd
August 2, 1993
Page 15
1 President Lundy asked about the possibiility of a grant and Goodwin answered that the grant application has
2 been completed and copies have been delivered to Indianapolis asking for $50,000 for the neighborhood
3 association clearing house here within the community. Goodwin said there is $208,797 as a local match
4 which are not new dollars but dollars already going into the various functions. Councilmember Dickman said
5 Main Street is housed in the Chamber offices and only has a desk in the design center to provide staffing.
6
7 Milligan said Council's approval of the grant application must be processed separate from this ordinance.
8 Quoting from the ordinance, he said the City will not own the building. Council will fund the operation of a
9 clearinghouse run by a Board composed of representatives from neighborhood associations structured as a
10 not-for-profit corporation much like the Enterprise Zone. He said it will not be a part of the executive branch
11 of City government and employees will not be City employees but employees of the corporation.
12
13 Councilmember Brookbank moved for engrossment, second by Councilmember Dickman and carried by a
14 unanimous voice vote.
15
16 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 40 - 1993 to third
17 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
18
19 The Clerk read Ordinance No.40-1993 on third reading.
20
21 Ordinance No.40-1993 was adopted on the following call of the roll:
22
23 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
24
25 ORDINANCE NO.51 -1993
26
27 The Clerk read Ordinance No. 51 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP IN
28 THE 3700 BLOCK OF CHESTER BOULEVARD
29
30 Councilmember Allen reported the Planning Commission voted 9 to 1 in favor of recommending the passage
31 of the ordinance which provides for rezoning to enable Carter Lumber to use the area for outside storage.
32
33 President Lundy declared Ordinance No.51 -1993 on public hearing.
34
35 Speaking in favor of the ordinance was Frank Farmer,a representative of Carter Lumber.
36
37 Hearing no further comments for the ordinance and none against, Councilmember Hutton moved for
38 engrossment,second by Councilmember Parker and carried by a unanimous voice vote.
39
40 Councilmember Parker moved to suspend the rules and advance Ordinance No.51 - 1993 to third and final
41 reading and read by title only,second by Councilmember Allen and carried by a unanimous voice vote.
42
43 The Clerk read Ordinance No.51 -1993 on third reading.
44
45 Ordinance No.51 -1993 was adopted on the following call of the roll:
46
47 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
48
49 ORDINANCE NO.52-1993
50
51 The Clerk read Ordinance No. 52 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
52 720 SOUTH E STREET AND 434 AND 438 SOUTH 8TH STREET
53
54 Councilmember Allen said the Wayne County Farm Bureau is proposing to build a service station there and
55 requests a change from C-1 to C-2 for special use. She added that the Planning Commission had voted 9 to
56 1 in favor.The building will be located on the northwest corner at South 8th Street and South E Street.
57
58 President Lundy declared Ordinance No.52-1993 on public hearing.
59
60 Representing the Wayne County Farm Bureau Cooperative was Attorney Bob Bever who said his client had
61 a purchase agreement to construct a service station and convenience store at the location occupied by a
62 quonset hut building,parking lot and doughnut shop and a rental home. Bever said this purchase is the result
63 of a finding of a citizens focus group designated by the company to find if there was a need for another
64 location in the City. This is the site they chose as a good location for the community and its citizens. Bever
65 said his client believes the value of the property and other properties in the area will increase because of the
purchase. He said the location has been checked by all City departments and the curb cut on South E Street
will be eliminated, hopefully improving traffic. He said plans are for a buffer to the north in the form of a fence
and bushes and a green area is planned on South 8th Street.The facility will provide 12 to 14 new jobs.
There being no further comments for the ordinance and hearing none against,Councilmember Hutton moved
for engrossment,second by Councilmember Dickman and carried by a unanimous voice vote.
Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 52 - 1993 to third
reading and read by title only,second by Councilmember Dickman and carried by a unanimous voice vote.
Common Council Minutes Cont'd
August 2, 1993
Page 16
The Clerk read Ordinance No.52-1993 on third reading.
Ordinance No.52-1993 was adopted on the following call of the roll:
Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
ORDINANCE NO.53-1993
The Clerk read Ordinance No. 53 - 1993.- A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
1' 615 WEST NATIONAL ROAD
1
1 Councilmember Allen explained that this ordinance is a result of a request to rezone for special use from
1 Earlham College to make way for the building of the Bethany Theological Seminary. She said the Planning
1, Commission voted 9 to 0 with one abstaining. She said there are two proposed one-way-only curb cuts,one
1- off College Avenue and the other off National Road West.
1:
1 Hearing no comments either for or against the ordinance, Councilmember Dickman moved for engrossment,
1: second by Councilmember Brookbank and carried by a unanimous voice vote.
1•
2. Councilmember Allen moved to suspend the rules and advance Ordinance No. 53 - 1993 to third and final
2 reading and read by title only,second by Councilmember Dickman and carried by a unanimous voice vote.
2
2 The Clerk read Ordinance No.53-1993 on third reading.
2,
2- Ordinance No.53-1993 was adopted on the following call of the roll:
2;
2 Ayes: Elstro, Brookbank, McBride, Parker,Allen, Dickman,Hutton and Lundy(9)
2:
2• ORDINANCE NO.54-1993
30
3 The Clerk read Ordinance No. 54 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
3- 4810 WOODSIDE DRIVE
3
3, Councilmember Allen said Planning Commission voted unanimous approval for the rezoning request from
3' C-4 to M-2 to allow a manufacturing and warehousing facility at that location.
3.
3 President Lundy declared Ordinance No.54- 1993 on public hearing.
/43
There being no comments either for or against, Councilmember Hutton moved for engrossment, second by
Councilmember Dickman and carried by a unanimous voice vote.
Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 54 - 1993 to third and
final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
vote.
The Clerk read Ordinance No.54-1993 on third reading.
4: Ordinance No.54-1993 was adopted on the following call of the roll.
4•
50 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
5
5- ORDINANCES ON THIRD READING
5
5 None
5'
5: MISCELLANEOUS BUSINESS
5
5: Councilmember Parker commented on the number of ordinances brought before Council in this meeting and
5• Milligan explained that it was an unusual situation in that Council was accommodating a number of interests
6. tonight and several items had been pending for two to three months.
6
6. ADJOURNMENT
6
6, There being no further business,on a motion duly made,seconded and adopted on a unanimous voice vote,
6 the meeting was adjourned.
Etta J. Lundy, President
ATTEST:
Norma Games,City Clerk