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HomeMy Public PortalAbout07-05-1988 8 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA, JULY 5. 1988 1 The Common Council of the City of Richmond, Indiana met in regular session July 5,1988 at the hour of 7:30 2 P.M. in the Council Chambers in said City. President Morris presided with the following Councilmembers 3 present: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton,and Paust. Absent:None. The 4 following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 SILENT DEVOTIONS 9 10 APPROVAL OF MINUTES OF JUNE 20, 1988 11 12 Councilmember Hankinson moved to approve the minutes of the previous meeting as prepared, seconded 13 by Councilmember Paust and on unanimous voice vote the motion was carried. 14 15 COMMUNICATIONS FROM THE MAYOR 16 17 President Morris informed the Council that Mayor Waltermann was unable to be in attendance. 18 19 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 20 21 Mr. Barden informed the Council that the Board had accepted the bids for the traffic signal at the IU East 22 intersection and had accepted the deed to the property for the extension of the Elder Beerman Parking Lot. 23 24 Mr. Barden reported that he had recontacted the proper authority with CSX and Conrail regarding the 25 crossings and CSX will send another representative to review the crossings with a representative of the Traffic 26 Division. 27 28 Councilmember Elstro asked that weeds in the easement at South 11th and E Street be investigated. 29 30 Ms. D. Sue Roberson, Director of Administrative Services, informed Mr. Elstro that a special crew was working 31 with the Street Department for easements and they were doing the work in the regular zone set up. 32 33 Councilmember Elstro asked about curb and sidewalk repair and stump removal and if there was a list available 34 to see where projects stood. Ms. Roberson said those were handled on work orders and there should be a 35 list available. She said any projects not on the work orders should be reported to the Street Department. 36 37 Councilmember Elstro also questioned the number of garage sales and signs popping up and Mr. Barden 38 said he would be addressing that issue and asked that any violations be reported to his office. 39 40 Mr. Barden spoke with the Council about recent problems with outside fire works stands and that he would be 41 presenting an ordinance to Council to ban outside sale of fireworks. He said he would like to make a draft 42 presentation of this ordinance and then open it for public input. 43 44 Councilmember Hutton asked if Mr. Barden anticipated problems with the fireworks being scheduled for 45 Labor Day and Mr. Barden did not feel that would be a problem. He said he had a proposed ordinance that will 46 determine if the outside stands fall under transient vendor control and if not establish certain controls. 47 48 Councilmember Parker indicated it might premature on our part to draft the ordinance,since he felt the State 49 would be addressing the issue and Mr.Barden commented that permits for fireworks sales was the chief fund 50 raising activity of the Fire Prevention Services for the State of Indiana and he did not feel they would be 51 addressing the issue in the near future. 52 53 Councilmember Hankinson questioned if Mr. Barden would be addressing all outside sales and Mr. Barden 54 said he would only be dealing with fireworks. 55 56 Councilmember McBride asked about the railroad spur on NW L Street and Mr. Barden said there seems to be 111 57 some confusion on the responsibility for spurs,but he will have it inspected by Traffic. 58 59 President Morris asked about a large trash receptacle at the intersection of South 16th and A Streets and the 60 fact that it was causing a visibility problem by it being located in the easement. 61 62 P Mr. Barden said it was there temporarily due to construction and the permits issued carry some authority to 63 use public right of way. 64 65 1 President Morris said she felt it was inexcusable with the visibility problem and Mr. Barden said he would p � Common Council Minutes Cont'd July 5, 1988 Page 2 1 inspect the area but felt the easement could be used with the construction clean up. 2 3 REPORTS FROM STANDING COMMITTEES 4 5 Liaison to Reid Hospital 6 7 Councilmember Brookbank reported on that the Medical Affairs Committee meeting and approving changes 8 in the status of Doctors. She said the also ended with a positive cash balance. 9 10 MISCELLANEOUS BUSINESS 11 12 Budget Hearings 13 14 President Morris requested that certain information be presented to the Council on grants during the budget 15 process since this information was essential forth budgetary process. 16 17 Report on Personnel System 18 19 Ms. D. Sue Roberson, Director of Administrative Services, reported to the Council on the personnel system 20 used by the City. Ms. Roberson explained the City used the Oliver System which established different job 21 categories based on job requirements and the nature of the work. She said the City had seven job 22 categories and each classification within the category is established by factoring the position through a 23 numerical formula based on common positions. Ms. Roberson said the original bench marks were developed 24 by questionnaires filled out by the employees holding the positions and an independent team was used to 25 develop the original factoring. Ms. Roberson explained the numerical factoring and that each family category 26 has its own factoring chart,with the salary ranges developed on actual salaries paid. 27 28 Ms. Roberson invited the Council to meet with her on an individual basis for a more detailed explanation and 29 any specific questions. 30 31 RESOLUTIONS 32 33 RESOLUTION NO. 9-1988 34 35 Councilmember Elstro moved to suspend the rules and read Resolution No . 9-1988 by title only, seconded 36 by Councilmember Williams and on unanimous voice vote the motion was carried. 37 38 The Clerk read by title only Resolution No.9-1988-A RESOLUTION APPROVING THE MODIFICATION AND 39 EXPANSION OF THE BOUNDARY OF THE ENTERPRISE ZONE OF THE CITY OF RICHMOND, INDIANA. 40 41 Speaking for Resolution No. 9-1988 was Mr. Casey Foley, Enterprise Zone Executive Director. Mr. Foley 42 presented the Council handouts to better explain the area of expansion of the existing Enterprise Zone. He 43 explained the area of expansion was for a unique industrial development for new and expanding firms and to 44 create new jobs. 45 46 Mr. Foley said the area of expansion for the Enterprise Zone was the Pennsylvania Railroad yard and on July 47 7, 1988, the Richmond Enterprise Association can present argument to the State for the expansion of the 48 Zone and the authorization of the Council is necessary for the presentation for expansion. The expansion 49 area includes a 100 acre tract and will assist in promoting the Zone and attracting business and industry. 50 51 He said the addition has no significant impact with the present zone and the addition will expand the tax base 52 of the City,since it will need to be annexed into the City. 53 54 Mr. Foley said they have identified 5,000,000.00 in investments for the area hinging on becoming a part of 55 the Zone and a potential of 200 to 250 additional jobs. 56 57 Mr. Foley explained the Resolution states that the Council agrees with and is supportive of the Urban 58 Enterprise Association expansion. 59 60 Councilmember Williams asked who would be responsible for the park and President Morris explained it was a 61 private industrial park and the Glazer family was the owner. 62 63 Councilmember Williams asked if Glazers were current with their dues to the Enterprise Association and Mr. 64 Foley indicated they were current with all dues owed having paid dues owned for 1986 and 1987 in 1988. 65 89 Common Council Minutes Cont'd July 5, 1988 Page 3 1 There being no further comment, Councilmember Elstro moved for adoption of Resolution No. 9-1988, 2 seconded by Councilmember Paust and on unanimous voice vote the motion was carried. 3 4 ORDINANCES 5 6 ORDINANCES ON FIRST READING 7 8 Councilmember Elstro moved to suspend the rules and read Ordinances No. 42, 43 and 44-1988 on first 9 reading by title only, seconded by Councilmember Williams and on unanimous voice vote the motion was 10 carried. 11 12 ORDINANCE NO. 42-1988 13 14 The Clerk read on first reading by title only, Ordinance No. 42-1988 - AN ORDINANCE AMENDING 15 ORDINANCE NO. 42-1987 RATIFYING THE SALARIES, WAGES AND POSITIONS FOR APPOINTED 16 OFFICERS AND EMPLOYEES OF THE RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR 17 BEGINNING JANUARY 1, 1988 AND ENDING DECEMBER 31, 1988 AS ADOPTED BY THE BOARD OF 18 SANITARY COMMISSIONERS. 19 20 Councilmember Elstro moved to suspend the rule and move Ordinance No. 42-1988 to second reading, 21 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. 22 23 The Clerk read Ordinance No.42-1988 on second reading. 24 25 President Morris announced Ordinance No.42-1988 was on public hearing. 26 27 Mr. Jerry Judge, Sanitary District Administrator, informed the Council he would answer any questions they 28 had on the salary amendment. 29 30 There being no questions or comments, Councilmember Hankinson moved for engrossment of Ordinance 31 No.42-1988,seconded by Councilmember Williams and on unanimous voice vote the motion was carried. 32 33 Councilmember Williams moved to suspend the rules and move Ordinance No. 42-1988 to third and final 34 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 35 motion was carried. 36 37 The Clerk read Ordinance No.42-1988 on third and final reading by title only. 38 39 Ordinance No.42-1988 was adopted on the following call of the roll: 40 41 Ayes: Elstro,Williams, Brookbank,Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 42 Nays: None 43 44 ORDINANCE NO, 43-1988 45 46 The Clerk read on first reading by title only, Ordinance No. 43-1988 - AN ORDINANCE SETTING THE 47 SALARIES, WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE 48 RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989 AND ENDING 49 DECEMBER 31, 1989,AS ADOPTED BY THE BOARD OF SANITARY COMMISSIONERS. 50 51 Councilmember Elstro moved to suspend the rule and move Ordinance No. 43-1988 to second reading, 52 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 53 54 The Clerk read Ordinance No.43-1988 on second reading. 55 56 President Morris announced Ordinance No.43-1988 was on public hearing. 57 58 Mr. Jerry Judge, Sanitary District Administrator, informed the Council he would answer any questions they 59 had on the salary amendment. 60 61 There being no questions or comments, Councilmember Hankinson moved for engrossment of Ordinance 62 No.43-1988,seconded by Councilmember Williams and on unanimous voice vote the motion was carried. 63 - 64 Councilmember Williams moved to suspend the rules and move Ordinance No. 43-1988 to third and final 65 reading and read by title only,seconded by Councilmember Brookbank and on unanimous voice vote the p i 90 Common Council Minutes Cont'd July 5, 1988 Page 4 1 motion was carried. 2 3 The Clerk read Ordinance No.43-1988 on third and final reading by title only. 4 5 Ordinance No.43-1988 was adopted on the following call of the roll: 6 7 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 8 Nays: None 9 10 ORDINANCE NO. 44-1988 11 12 The Clerk read on first reading by title only,Ordinance No.44-1988 -AN ORDINANCE TO ANNEX TO THE 13 CITY OF RICHMOND, INDIANA CERTAIN CONTIGUOUS TERRITORY, ADJACENT AND ABUTTING 14 THERETO,DESCRIBING THE SAME AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 15 16 President Morris informed the Council the Ordinance could be passed tonight if they desired. 17 18 Mr. Barden suggested the Ordinance be advertised for public hearing since the railroad was a non-participant 19 in the petition for annexation. 20 21 Councilmember Elstro moved to suspend the rules and move Ordinance No. 44-1988 to second reading. 22 The motion was seconded by Councilmember Parker and defeated with Councilmember Paust voting no. 23 24 Councilmember Paust explained that he stopped the suspension of rules to take all necessary legal steps 25 and avoid any problems in the future with the annexation. 26 27 Mr. Barden expressed his concerns over the railroad being a non-participant in the petition and the effect the 28 annexation would have on the fringe area that would come under zoning controls of the City. Mr. Barden said 29 an advertisement for public hearing would lock out any potential remonstrances. 30 31 Councilmember Paust indicated to President Morris, if there were persons in attendance to speak, he would 32 be in favor of allowing public discussion. He asked Mr. Foley what impact this ordinance would have on the 33 expansion of the Zone with the State. 34 35 Mr. Foley stated he was unclear if there would be an adverse condition if the ordinance was not passed, but 36 he felt the annexation would help strengthen the proposal. He added that holding the ordinance could delay 37 action on cost credit which was an incentive for the investors. 38 39 Councilmember Paust stated that if the Petitioner's attorney had no objection, he would withdraw his no vote 40 and allow suspension of the rules. 41 42 Mr.Greg O'Maley,Attorney at Law, representing the Glazer family as Petitioners for the annexation informed 43 the Council that the statute provides legal notice following the adoption of the ordinance and allows sixty days 44 for remonstrances to be filed. He agreed that the more public input the better, but felt with the remonstrance 45 period ample time would be allowed for objections. 46 47 Councilmember Paust reconsidered his no vote on suspension of rules and allowed Ordinance No. 44-1988 48 to move to second reading. 49 50 The Clerk read Ordinance No.44-1988 on second reading. 51 52 President Morris announced Ordinance No.44-1988 was on public hearing. 53 54 Speaking for Ordinance No. 44-1988 was Mr. Greg O'Maley, Attorney for the Petitioner. Mr. O'Maley 55 informed the Council that the petitioners had filed for the voluntary annexation of a 60 acre tract, which was 56 the same property involved in the expansion of the Enterprise Zone. He said the annexation is a part of a 57 disciplined development over the last five years. He said the area provides acreage not currently available in 58 the Enterprise Zone. 59 60 Mr.O'Maley said the petitioners are currently removing the old rail from the yard and upon completion of that 61 will then remove the salvage vehicles from the property. 62 63 Mr. O'Maley said the project is now moving quickly due a business wanting to locate in the area and there 64 already being railroad siding available. 65 9.1 Common Council Minutes Cont'd July 5,1988 Page 5 1 Mr. O'Maley said that both the Economic Development Office and the Urban Enterprise Association have 2 been very helpful and without the area being a part of the Enterprise Zone, some businesses would not be 3 interested in locating there. 4 5 Mr.O'Maley presented the Council with the site plans. 6 7 Councilmember Paust commented he was interested in a good road system and where the main entrance 8 would be located. He said he would also like sufficient landscaping to get away from the image created by the 9 current industrial parks of being empty farm land. He said with the visibility of this particular area, an attractive 10 industrial park would be a good selling point and also good for the City of Richmond. Councilmember Paust 11 commented with the tax breaks in the Zone, some funds could be put back to make it a first class industrial 12 park. 13 14 Mr.O'Maley said the current development is being driven by interest and the goal is to make it very attractive. 15 He said the road system will be dictated by internal development and street and sewer development were 16 very important. 17 18 Mr.O'Maley said they were not at an emergency stage o development and they will find a consultant to assist 19 with the development. He assured the Council, there would be a lot of deliberation to be done by a 20 developer and if the annexation and Zone extension were approved they would not compromise the entire 21 park for one business. 22 23 Councilmember McBride questioned about the two viaducts and if there would be an access road to connect 24 and Mr.O'Maley said there would be a connecting roadway, not two separate sections. 25 26 Councilmember Paust asked if consideration had been given to the main entrance and Mr. Mr. O'Maley said 27 the property extends from 20th Street to Elks Road and they may rearrange an entrance off of Hawkins Road, 28 but that remains uncommitted. 29 30 There being no further questions or comments, Councilmember Brookbank moved for engrossment of 31 Ordinance No. 44-1988, seconded by Councilmember Paust and on unanimous voice vote the motion was 32 carried. 33 34 Councilmember Elstro moved to suspend the rules and move Ordinance No. 44-1988 to third and final 35 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 36 motion was carried. 37 38 President Morris asked for comments from the Council prior to final vote. 39 40 Councilmember Williams stated that he has consistently voted against annexation, but he would vote in favor 41 of this project. 42 43 Councilmember Hankinson stated he would feel more secure with a firmer proposal on the plans for 44 development and is not too certain of what they are going to do. He said he not secure with the whole 45 situation and would like to have more information. 46 47 President Morris informed Councilmember Hankinson that if he had seen the presentation to the Urban 48 Enterprise Association, he would probably feel more secure about the project. 49 50 The Clerk read Ordinance No.44-1988 on third and final reading by title only. 51 52 Ordinance No.44-1988 was adopted on the following call of the roll: 53 54 Ayes: Elstro,Williams,Brookbank, McBride, Parker,Hutton, Paust and Morris (8) 55 Nays: Hankinson (1) 56 57 ORDINANCES ON SECOND READING • 58 59 ORDINANCE NO. 38-1988 60 61 The Clerk read on second reading Ordinance No. 38-1988 - AN ORDINANCE FIXING THE ANNUAL 62 SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF RICHMOND, INDIANA. 63 64 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Hankinson moved 65 to accept and file the Proof of Publication,seconded by Councilmember Elstro and on unanimous voice vote • Common Council Minutes Cont'd July 5, 1988 Page 6 1 the motion was carried. 2 3 President Morris announced Ordinance No.38-1988 was on public hearing. 4 5 Hearing no comment or question, Councilmember Hankinson moved for engrossment of Ordinance No. 6 38-1988,seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 7 8 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 38-1988 to third and final 9 reading and read by title only, seconded by Councilmember Paust and on unanimous voice vote the motion 10 was carried. 11 12 The Clerk read Ordinance No.38-1988 on third and final reading by title only. 13 14 Ordinance No.38-1988 was adopted on the following call of the roll: 15 16 Ayes: Elstro,Williams,Brookbank, Hankinson, McBride, Parker,Hutton, Paust and Morris (9) 17 Nays: None. 18 19 ORDINANCE NO. 41-1988 20 21 The Clerk read on second reading Ordinance No. 41-1988 -AN ORDINANCE GRANTING PRELIMINARY 22 APPROVAL TO A DEVELOPMENT UNIT PROJECT I A M-2, GENERAL INDUSTRIAL DISTRICT, ON 23 PROPERTY LOCATED ON THE WEST SIDE OF FLATLEY ROAD IN THE 2600 BLOCK PURSUANT TO 24 ARTICLES 35,45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, COMMONLY KNOWN AS 25 THE ZONING ORDINANCE OF THE CITY OF RICHMOND,INDIANA. 26 27 President Morris announced Ordinance No.41-1988 was on public hearing. 28 29 Speaking for Ordinance No. 41-1988 was Mr. Robert Bever, 400 Bank One Building, Attorney for the 30 Petitioner. Mr. Bever, representing Fairgrounds Village,told the Council the rezoning was for a planned unit 31 development of a Manufacturer's Mall with approximately 60 stores. He said it would involve 30,000,000. in 32 annual salaries, generate 1,000,000.customers annually and add 250 jobs. 33 34 Mr. Bever said the petitioners have met all concerns of the Plan Commission and the Common Council and 35 have bet the requirements of the Zoning Ordinance. He said they would like to break ground on September 36 1, 1988 for a September 1, 1989 grand opening. 37 38 Councilmember Brookbank commented she was very excited about the development, but wondered about 39 the three dissenters from the Plan Commission hearing. 40 41 Mr. Bever said he was aware that one was a neighbor expressing some concerns. 42 43 Mr. Dooley said they had received one prior to the hearing and two since and all were concerned with the 44 additional traffic and utility service to the area. He said no one came to the hearing to remonstrate. 45 46 Councilmember Paust questioned if there would be any state regulations with traffic regarding the Dana 47 Parkway area. 48 49 Mr. Kent Bryant of Cole &Associates, Indianapolis, Indiana, informed the Council the entrance would be off 50 of the existing Dana Parkway and the state had put no additional requirements on the project at this time. He 51 said the project will probably increase traffic off Interstate 70 and require a right turn lane off the existing ramp 52 and there had been discussion with the City regarding a signal and the widening of Dana Parkway. 53 54 Councilmember Paust inquired as to what phase the discussion was in regarding the signalization and road 55 widening and Mr.Bryant said it was planned. 56 57 Mr. Paul Hubbard, of Nettlecreek Industries, informed the Council that they would also take the jag out of 58 Dana Parkway. 59 60 Councilmember Paust asked if the State would provide the turn lane from Interstate 70 and Mr. Hubbard said 61 the State would not provide the lane, but there was some shoulder available for the construction and they 62 feel that it should be done immediately. 63 64 Councilmember Paust commented he did only wanted to see people be able to get into the facility. He said 65 he was also concerned with the increase in traffic on NW 5th Street and the need to look at that street with this 93 `Common Council Minutes Cont'd (July 5, 1988 Page 7 1 facility coming into town. 2 3 President Morris stated they were already in the process of reevaluating NW 5th Street and it is recognized as 4 a significant problem. She said this was a very comprehensive plan and felt that all questions had been 5 answered in a very satisfactory manner. 6 7 Councilmember McBride expressed concerns about merging traffic and Mr. Hubbard explained there would 8 be an access road added to the property to keep the 1=70 flow away from Williamsburg Pike. 9 10 There being no further comment or question, Councilmember Brookbank moved for engrossment of 11 Ordinance No. 41-1988, seconded by Councilmember Paust and on unanimous voice vote the motion was 12 carried. 13 14 Councilmember Williams moved to suspend the rules and move Ordinance No. 41-1988 to third and final 15 reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote the motion 16 was carried. 17 18 The Clerk read Ordinance No.41-1988 on third and final reading by title only. 19 20 Ordinance No.41-1988 was adopted on the following call of the roll: 21 22 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 23 Nays: None. 24 25 ADJOURNMENT 26 27 There being no further business, on a motion duly made, seconded and passed, the meeting was 28 adpumed. 29 30 31 32 33 34 35 Lynn Nepote Morris,President 36 37 38 39 ATTEST 40 Mary Merchanthouse,City Clerk 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 ()ta 1 1