HomeMy Public PortalAbout06-07-1993 2.5
PROCEEDINGS OF THE COMMON COUNCIL OF THE
C-ITOF:RICHMOND,INDIANA:MONDAY—IUNE-7:1-99a
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,June 7,
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
4 was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY COUNCILMEMBER ELSTRO
9
10 ROLL CALL
11
12 Nine present.
13
14 APPROVAL OF MINUTES OF MAY 17,1993
15
16 Councilmember McBride moved to approve the minutes of the previous meeting as prepared,seconded by
17 Councilmember Brookbank and by unanimous voice vote the motion was carried.
18
19 COMMUNICATIO NS FROM THE MAYOR
20
21 Councilmember Brookbank said that Mayor Roger Cornett and City Attorney Thomas Milligan had been able
22 to solve a problem that has been going on for 10 years in a very nice neighborhood on the west side of town.
23 She said the older members of the Council could remember that there was a problem with chickens and
24 nobody seemed to know how to go about solving it. She said thanks to the Mayor and Milligan the chickens
25 are gone.
26
27 President Lundy reminded Councilmembers that Ordinance No. 35 - 1993 had been vetoed by the Mayor.
28 Councilmember Hutton moved to bring Ordinance No. 35 - 1993 back onto the floor, second by
29 Councilmember Elstro and carried by a unanimous voice vote. Milligan explained that a yes vote would be to
30 override the veto and a no vote would mean that the veto stands. He added that the law requires six votes in
31 favor in order to override the veto.The City Clerk called the roll.The veto stood on Ordinance No. 35- 1993
32 on the following call of the roll:
33
34 Ayes:Elstro,Donat, Parker,Hutton and Lundy
35 Nays:Brookbank, McBride,Allen and Dickman
36
37 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS
38
39 REPORT FROM CITY DEPARTMENTS
40
41 Earnest Jarvis, director of Department of Public Works and Safety, reported that all Councilmembers had
42 received an invitation to inspect the equipment on display in the front of the City Building prior to the Council
43 meeting. He explained that the used trucks, loaders and road grader had been purchased for $68,625,
44 adding that the replacement cost of these pieces of heavy equipment would be nearly $400,000. He said
45 the savings to the City amounted to approximately$327,000.
46
47 REPORT FROIM OTHER OFFICES
48
49 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
50
51 Minutes of the May 13,20 and 27 meetings in the Council packets.
52
53 Councilmember Parker called attention to the trees growing out over the bridge on Peacock Road opposite
54 McBride Stadium. He said the trees block the view of vehicles exiting the parking lot the Optimist Club had
55 made available on the north side of Peacock Road. He said it was his understanding that Hill's Roses leased
56 the ground to the City for $1 and the City leased it back to the Optimistis for $1, which meant he did not
57 know whose responsibility it is to trim the trees. He added, however,that something should be done before
58 someone gets hurt.
59
60 Councilmember Allen commented that she had had a call from Mrs. Earl Wiggans who expressed her
61 appreciation for the recent paving of Carol Drive.
62
63 REPORTS FROM SPECIAL COMMITTEES
64
65 None were presented.
256
•
Common Council Minutes Cont'd
June 7, 1993
Page 2
1 REPORTS FROM STANDING COMMITTEES
None were presented.
REPORTS FROM OTHER COUNCIL COMMITTEES
None were presented.
• Councilmember Parker noted that information regarding local regulations of adult businesses that
1• Councilmembers had received in their packets should go to the City Attorney. He said he would like to
11 authorize Milligan to purchase the book mentioned in that information that contains zoning ordinances and
1- licensing. He added that Council had fought a battle on this subject once before and lost. He said if they
1 have to fight it again he would like to win and this book might possibly prepare them for future action should
1 it be necessary. Milligan said he would be happy to review the information.
1-
1: ORDINANCES
1
1: ORDINANCES ON FIRST READING
1•
21 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinance No.
2 41 -1993,second by Councilmember Hutton and carried by unanimous voice vote.
2-
2 ORDINANCE NO,41 -1993
2
2- The Clerk read Ordinance No. 41 - 1993-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF
2: STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C. 6
2 -1.1 -12.1
2:
2• Milligan explained that these are various manufacturers and businesses in the community that have
31 acquired either real estate or made improvements in existing real estate or acquired new or used machinery
3 and are eligible for abatement of their capital expenditures. He added that the law requires Council to adopt
3- the approval of statements of benefits and this information goes to the Wayne County Auditor.
3
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3, Councilmember Parker reported that he had gathered information about the tax abatements from the
3- Auditor's office which showed the total amount abated, starting from 1991 through 1993. He said he felt it
3: would beneficial to have a Committee of the Whole meeting to go over the information so Councilmembers
3 could see what happened over the past three years. Councilmember Elstro moved to meet sometime in the
3: fall as a Committee of the Whole to discuss tax abatement, second by Councilmember Dickman and carried
3• by a unanimous voice vote.
4#
4 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 41 - 1993 to second
4• reading and read by title only,second by Councilmember Allen and carried by a unanimous voice vote.
4
The Clerk read Ordinance No.41 -1993 on second reading.
4'
4: President Lundy declared Ordinance No.41 - 1993 on public hearing.There being no comment either for or
4 against the ordinance, Councilmember McBride moved for engrossment, second by Councilmember Hutton
4: and carried by a unanimous voice vote.
4•
51 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 41 - 1993 to third and
5 final reading and read by title only, second by Councilmember Parker and carried by a unanimous voice
5 vote.
5
5, The Clerk read Ordinance No.41 -1993 on third reading.
5
5: Ordinance No.41 -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
6a
6 ORDINANCES ON SECOND READING
6=
6 ORDINANCE NO.20-1993
6
6' The Clerk read Ordinance No. 20 - 1993 - A SPECIAL ORDINANCE ANNEXING TERRITORY
CONTIGUOUS TO THE SOUTHEAST CORPORATION LIMITS TO THE CITY OF RICHMOND
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Common Council Minutes Cont'd
June 7, 1993
Page_3
1 Councilmember Allen reported on the action taken at the Plan Commission. She said the
2 commission had two meetings plus one work session. She said the administration hired Q Source
3 out of Dayton, Ohio, to gather additional information and those representatives had several
4 suggestions that should be included in the ordinance for the protection of the aquifer. She added
5 that the vote for approval by the Plan Commission was 10 to 1, noting that none of the
6 enhancements in the area can take place unless the area is within the City limits.
7
8 President Lundy recognized Bob Goodwin, director of Planning and Redevelopment for the City,
9 who reminded Councilmembers that the City started on a new course in 1992 which included an
10 all-out effort to provide new job opportunities to the Richmond/Wayne County area. The 1990
11 Master Plan was amended and the administration defined a four-point economic development
12 program to encourage the creation of new job opportunities which included the southeast
13 annexation, northwest annexation, CIGNA Plaza downtown and redevelopment efforts such as
14 finding tenants for vacant factories,the 10th Street corridor which is the depot to the Atlas building
15 to the Nicholson School building and the Medical Arts Building along South 8th Street.
16
17 The issue tonight,Goodwin said, is to annex and rezone areas near the southeast boundaries which
18 is key to providing for the City's future commercial and industrial growth. He noted the boundaries
19 being considered start at the southeast city limits along the south right-of-way of Hodgin Road,
20 proceed due east along that line to the state line then north along the state line to its intersection
21 with 1-70. It then runs generally west,then south along existing City limits to its point of beginning.
22
23 Goodwin said the annexing is to benefit all citizens of Richmond and Wayne County, noting that the
24 1,080 acres is serviced by 1-70. It is bisected by the Norfolk Southern Railroad. It is a viable location
25 for light industrial and commercial users providing in excess of 545 jobs in the Eastern Indiana
26 Industrial Park. He also spoke to the zoning changes. (This information in its entirety is on file in the
27 City Clerk's office).
28
29 Exhibit B of Ordinance No. 20 - 1993 addresses the policy and fiscal plan for providing services to
30 the annexed area. (On file in its entirety in the City Clerk's office)
31
32 Cathianne Watkins, with Q Source Environmental Services Inc. of Dayton, commented on the
33 location of the proposed annexation area, groundwater impacts, definition of groundwater,
34 characteristics of the Hodgin Road well field aquifier and well field protection legislation. Listed in
35 the printed version of the Q Source findings are its recommendations which strengthened its
36 provisions and helped define the types of regulated substances that will be affected by the
37 legislation.The report ends with the statement that Q Source believes that the protective measures
38 established for the Aquifier District will substantially decrease any potential for groundwater
39 degradation in terms of quality or guantity and will protect the Hodgin Road well field. (The report in
40 its entirety is on file in the City Clerk's office).
41
42 Speaking in support of the ordinance was Jerry Easley, president of the Richmond/Wayne County
43 Chamber of Commerce, who noted that in 1987 during the disastrous Sherwin-Williams fire in
44 Dayton,Ohio, he was vice president of the Dayton Area Chamber of Commerce. He said he and his
45 staff got involved in working with the City and environmental organizations and enlisted the service
46 of Phil Hayden, founder of Q Source. He said Hayden helped construct the well field ordinances,
47 adding that the aquifer protected by those ordinances is one of the largest aquifers in the world.
48
49 James Kinnett, economic development director of the City, invited Councilmembers to take a look
50 at the southeast area as a major business and industrial area, noting that it is one of two areas that
51 has the potential for good rail access. He said it had not been a short term effort to get to this point
52 tonight. He added that the Industrial Park had been there for 20 years and no degradation of the
53 water source had taken place during that time. He said the ordinance has significant safeguards
54 dealing with contamination. He noted that timing is an issue in that all the utilities should be in place
55 before they are needed and he added that he has submitted information about the area on
56 numerous occasions to potential clients.
57
58 Carol Hinshaw, member of the Greater Richmond Progress Committee board of directors, read a
59 resolution supporting the annexation. (See copy of reolution in file in Clerk's office.)
60
61 Paul Lingle, member of Economic Development Corporation of Wayne County read a brief letter into
62 the record,noting unanimous support of the group. (See copy in the file in the Clerk's office).
63
64 Walter Lakoff of 513 Pinetree Lane, formerly with Richmond Baking Co. said that company is
65 interested in expansion and has an interest in the properties in the Industrial Park. He noted that he
was speaking in favor of the ordinance and annexation.
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Common Council Minutes Cont'd
June 7, 1993
Rago 4
Stanley .Vigran of 227 South 17th Street spoke in favor of the ordinance and reminded
Councilmembers that when they ran for office they said they were in favor of industrial
development, as did the Mayor. Vigran said he happens to own land out there and thinks it would
be good for the community to get it annexed and get it done. He added that since the approval and
passage of the E.D.I.T.tax in Wayne County which is to further economic development, it seems
• imperative that the City finish the job so it can get the people to work. He said he strongly
recommended that the Council go forth with the annexation ordinance.
• Goodwin read into the record a letter of support signed by Donald E. Meredith, president of
10 Richmond Industrial Center Inc.which owns 135 acres of ground in the proposed annexation area.
1
1 Nick Fankhouser, coordinator for S.U.R.E. said he sees this as an excellent opportunity to protect
1 vital resources. He submitted several amendments to add to the ordinance and in so doing voiced
1 several concerns such as what construction is going to do to the horizontal flow. He added that the
1- ordinance should ban any manufacturing activities that involve production or storage of hazardous
1; wastes, risk assessment of the proposed site should be done by industrially oriented professional
1 chemists and that assessment should specifically certify that there is no risk of aquifer
1: contamination. He added that it is important that the study be done by someone certified to do it
1• and stand behind it such as a chemist, hydrologist and geologist. He noted that if these
20 amendments are added they might possibly make the ordinance easier to read by getting rid of
2 some of the vagueness. He said the need is there to be more specific about what sort of credentials
2- somebody needs to have in order to do this study. He said if his suggested amendments are
2 adopted S.U.R.E. could possibly support the ordinance. Goodwin responded that the City
2' Engineer's plans submitted to him are by a certified person in that field. He said these changes
2- could be made after the ordinance is passed during the 60-day waiting period before it becomes
2: effective.
2
2: John Dalphin of 710 Garwood Road said he felt there was a need for proper and thoughtful
2• planning on the project. He commended the City Engineer for the aquifer report but noted that no
3. long term studies had been done. He said spills will occur and leaks will happen. He asked Council
3 to table the proposal or vote against it until a thorough study and planning can take place.
3-
3 Vivian Battista of 6083 Roby Lane told Councilmembers she did not wish to live inside the City
3, limits. She said her house is 17 years old and if the area is made industrial her house will be worth
3 nothing even with the five acres that go along with it. She said her taxes in the County are lower
3: than they would be in the City.
3
3: Paul Beisner, speaking on behalf of his daughter Karen Kimball who lives at 6100 Hodgin Road,
3• said many of those speaking for the annexation have a financial vested interest in the area. He said
4. he feels sorry for those who live in the area, adding that it wasn't necessary to ruin their situation
4 out there. He,too,said he would like to see further study done.
4-
4 Helen Hay, geology professor at Earlham College, said that although the ordinance as it is written
does provide some degree of protection it is based on assumption. She asked whether or nct the
portion of land with the aquifer should be annexed. She also questioned as to whether the
4: ordinance could be designed to protect the aquifer which,she said had been there for 20,000 years
4 and will be there hundreds of years more unless somebody does something to spoil it.
4:
4• Karen Kimball of 6100 Hodgin Road cited several instances where she feels businesses in that
5o southeast area are violating ordinances already on the books, noting that parking lots are not paved
5 and front loading is being done. Other concerns she addressed included possible contamination of
5- the drinking water due to farm chemicals and if she decides to sell her farm she will not be able to
5 sell it as a farm if the area is annexed for industrial.
5'
5' Kimball's daughter, Kristen, brought up the subject of a contaminated well. She said the farm she
5• lives on has a natural forest and a natural spring and added that the aquifer is the heart of the City
5 and it pumps its blood to the heart of the City.
5:
5• Sarah Bradley of 6155 Roby Lane said the ordinance was unfair, adding that with all the restrictions
60 it is difficult for her to understand why any business would want to buy any land in that area. She
6 added that she felt they would be foolish to buy knowing there was the potential of ruining the
6 water. She said accidents do happen and it could affect the health of many people because once
6 the contamination is in the ground it is not a quick clean up.
6'
6
259
Common Council Minutes Cont'd
June 7, 1993
1 Dr. Charles Martin of 640 S.W. 21st St. said he was not against annexation, it is the zoning he's
2 having a problem with. He said last year when a bottled water company contacted him while he was
3 4
in Japan he advised them to get a chemical analysis but heard no more from them. Martin said his
concern is the lack of proper planning and that no committee has investigated the area. He said the
5 proposed ordinance is a great advance over ones in the past and is a great step forward but made
6 several suggestions on how it could be changed. He said we know where the resources are and
7 they need to be protected.
8
9 Rich Nicholson of 2344 Airport Road, speaking as a representative of SPUR, said he was not
10 against annexation but was interested in preserving the water supply of the community. He said his
11 organization feels it is in the City's best interest to ensure that the water supply stays as pure as it is
12 now. He added that his group feels the current ordinance does not go nearly far enough in
13 addressing the questions about the aquifer. He called for a 90-day moratorium to get these
14 questions answered.
15
16 Councilmember Donat commented that the area in question was in her district and she felt it would
17 be best not to rush the ordinance through.She said she felt that a meeting of the Committee of the
18 Whole should be called to discuss the suggested amendments made by SPUR,the concerns of the
19 residents of Roby Lane and the historical farm site of the Kimballs. Councilmember Donat made a
20 motion to call a Committee of the Whole meeting,second by Councilmember Hutton and carried by
21 a unanimous voice vote.Councilmember McBride set Thursday,July 8 as a meeting date.
22
23 ORDINANCE NO.28
24
25 The Clerk read Ordinance No. 28 - 1993 - 28 -A SPECIAL ORIDNANCE AMENDING THE R-4 SPECIAL
26 USE DISTRICT AT 810 INDIANA AVENUE
27
28 The ordinance deals with an expansion of mobile home court plans approved by the Planning Commission in
29 March of this year.The surrounding area contains another mobile home court as well as the Richmond State
30 Hospital facility.The Planning Commission voted 11 to 0 for approval.
31
32 Councilmember McBride said anything done in that area would be an improvement. He added that it had
33 been referred to as the second landfill of the City.
34
35 President Lundy declared the ordinance on public hearing. There being no comments either for or against
36 the ordinance, Councilmember McBride moved for engrossment, second by Councilmember Brookbank and
37 carried by a unanimous voice vote.
38
39 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 28 - 1993 to third and
40 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
41 vote.
42
43 Ordinance No.28-1993 was adopted by the following call of the roll:
44
45 Ayes:Elstro, Lundy, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
46 Nays: None
47
48 ORDINANCES ON THIRD READING
49
50 There were none.
51
52 ADJOURNMENT
53
54 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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59
60
61 Etta J. Lundy, President
62
63
64
65 ATTEST:
Norma Carnes,City Clerk
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