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HomeMy Public PortalAbout08-21-2006PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, AUGUST 21, 2006 The Common Council of the City of Richmond, Indiana met in regular session Monday, August 21, 2006, in the Council Chambers in said City. President Sharp presided and the following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR WELCH ROLL CALL Councilors present were Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Karl Sharp, Bing Welch, Larry Parker, At Glover, Gil Klose and Diana Pappin. Richmond High School Government student, Whitney McFall was also in attendance. APPROVAL OF MINUTES Councilor Parker moved to approve the minutes of the meeting of August 7, 2006, with a second by Councilor Welch. The motion carried with a unanimous voice vote. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS • Len Clark presented the plans for implementation of the Comprehensive Plan. • RESOLUTION NO. 13 -2006 — A RESOLUTION WAIVING THE NONCOMPLIANCE WITH I.C. 1.1- 12.1 -3(a) ALLOWING A LATE FILED STATEMENT OF BENEFITS FORM FOR A TAX ABATEMENT FOR ENVIROTECH EXTRUSION, INC. This Resolution would allow Envirotech Extrusion, Inc. to file a late Statement of Benefits Form for a tax abatement (Ordinance No. 49- 2006). This late filing is due to a change in ownership of the business requesting the abatement. Councilor Welch moved to adopt Resolution No. 13- 2006 with a second by Councilor Parker. Upon a vote viva voce, the motion passed. • RESOLUTION NO. 14 -2006 — This Resolution was presented by Mayor Hutton to honor the late Betty Cecere. Ms. Cecere was not only known for her 22 years of service to the Housing Authority, but for her smile. She will be greatly missed. Councilor Lundy moved to adopt Resolution No. 14 -2006 with a second by Councilor Elstro. Upon a vote viva voce, the motion passed. COMMUNICATION FROM THE MAYOR • Mayor Hutton applauded the efforts of Bev and Dave Nixon, Chairpersons for the Bicentennial celebration. The final parade was Sunday, August 20. It has been eighteen months of activities — all of which we can all be proud. GARY MATHEWS, 417 Southwest 4th Street, spoke to Council about the problems he and his neighbors have endured for the past ten years. Due to a faulty sewer system, his home has been flooded seven times in the past ten years. This is not just storm water, but sanitary sewage. There is a major problem with the odor, mold and rodents. After twice receiving relief from the City's insurance, the company is now claiming the problems are caused by an act of God and will not pay. Mr. Mathews asked for help from City in resolving this problem. Bob Tyler, Director of the Richmond Sanitary District, reported the District is currently initiating a plan to remedy the problems experienced in the SW 0' Street area. A forced main sewer will be constructed from this area to Test Road with a backup generator at the lift station on the northeast corner of the Eadham sports area. This project will be completed by February 2007. Common Council Minutes August 21, 2006 Page 2 of 6 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the July 27 & August 3, 2006 meeting was accepted as presented. REPORTS FROM DEPARTMENT HEADS Police Chief Wolski reported on August 21 there was a major drug raid. There were 75 warrants and all arrested were dealers. REPORTS FROM STANDING COMMITTEES None REPORTS FROM SPECIAL COMMITTEES None REPORTS FROM ORGANIZATIONS None MISCELLANEOUS BUSINESS Fire Marshall, Bobby Farris, presented Patches to Council. Patches is a remote controlled fire truck and Dalmation Dog which will be used for fire safety training. Patches was purchased with a grant from Homeland Security. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 73, 74 & 76 -2006 on first reading by title only with a second by Councilor Lundy. Upon a vote viva voce, the motion passed. ORDINANCE NO. 73 -2006 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM REID MEMORIAL HOSPITAL The Clerk read Ordinance No. 73 -2006 on first reading by title only. This Ordinance would authorize the City of Richmond Police Department to submit a grant application to Reid Hospital and Health Care Services and to accept grant funding in an amount up to Six Thousand Five Hundred Dollars ($6,500). If awarded, the funds shall be appropriated to purchase a computer, projector and Power Point Program, easels and other necessary equipment for presentations and design and to purchase promotional items, brochures and pamphlets for the Richmond Police Department. Councilor Wissel moved to advance Ordinance No. 73 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 73 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 73 -2006 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 73 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Lundy moved to advance Ordinance No. 73 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Elstro. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 73 -2006 on third reading by title only. Ordinance No. 73 -2006 was adopted with a 9 -0 roll call vote. Common Council Minutes August 21, 2006 Page 3 of 6 ORDINANCE NO. 74 -2006 — A GENERAL ORDINANCE AMENDING CHAPTER 74 OF THE CITY OF RICHMOND CODE The Clerk read Ordinance No. 74 -2006 on first reading by title only. This Ordinance would modify Section 74.26 of the Municipal Code to add a definition as paragraph 74.26(a)(5): UTILITY TRAILERS" Any trailer or any vehicle without motive power that has an axle and a frame that can be used to transport or haul any type of material or equipment. Including but not limited to utility trailers hauling or transporting lawn mowers, Quad Runners, All terrain vehicles (ATV), Jet Skis, etc. Councilor Parker moved to amend this paragraph by deleting etc. from the end and replacing it with or similar vehicles. There was a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Welsh moved to advance Amended Ordinance No. 74 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Elstro. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 74 -2006 on second reading by title only. Council President Sharp declared Amended Ordinance No. 74 -2006 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 74 -2006 with a second by Councilor Parker. Upon a vote viva voce, the motion passed. Councilor Wissel moved to advance Amended Ordinance No. 74 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Welch. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 74 -2006 on third reading by title only. Amended Ordinance No. 74 -2006 was adopted with a 9-0 roll call vote ORDINANCE NO. 76 -2006 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM 0-1 TO C -2 The Clerk read Ordinance No. 76 -2006 on first reading by title only. This Ordinance is a petition to rezone the property on the east side of Chester Boulevard, north of the Whitewater River, from 0-1 Greenbelt to C -2 Commercial District so a future owner may develop the property. Ordinance No. 76 -2006 was referred to the Plan Commission for pubic hearing at its meeting on August 24, 2006. ORDINANCES ON SECOND READING ORDINANCE NO. 43-2004 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (R2J2) The Cleric read Ordinance No. 43 -2004 on second reading by title only. This Ordinance has been replaced by Ordinance No. 49 -2006. Councilor Wissel moved to Strike Ordinance No. 43 -2005 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. ORDINANCE NO. 49-2006 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Envirotech Extrusions) Common Council Minutes August 29, 2006 Page 4 of 6 The Clerk read Ordinance No. 49 -2006 on second reading by title only This Ordinance is a request of Envirotech Extrusion for a 10 -year tax abatement on equipment valued at $943,372.12. Councilor Pappin moved to amend this Ordinance on page 2 to reflect equipment valued at $944,941.12. There was a second by Councilor Wissel. Upon a vote viva voce, the motion passed. The Tax Abatement Committee recommended approval. Council President Sharp declared Amended Ordinance No. 49 -2006 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Lundy moved for engrossment of Ordinance No. 49 -2006 with a second by Councilor Parker. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Amended Ordinance No. 49 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 49 -2006 on third reading by title only Amended Ordinance No. 49 -2006 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 59-2006 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Recycling Center) The Clerk read Ordinance No. 59 -2006 on second reading by title only. This Ordinance is a request by Recycling Center, Inc. for a ten -year tax abatement on equipment valued at $4,743,050. The Tax Abatement Committee recommended approval. Council President Sharp declared Ordinance No. 59 -2006 on second reading and public hearing. Councilor Elstro stated he had surveyed approximately eight employees of the Recycling Center and found each of them to have a wage lower than the $12 reported in the Tax Abatement request. Mr. Elstro questioned if the $12 was a valid average. Councilors Glover and Lundy reflected similar concerns. Councilors Pappin and Wissel assured Council that a Certified Public Accountant attested to the accuracy of the figure in the request. There being no further comments for or against the Ordinance, Councilor Welch moved for engrossment of Ordinance No. 59 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 59 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 59 -2006 on third reading by title only Ordinance No. 59 -2006 was adopted with a 6 -3 roll call vote. Dissenting votes were cast by Councilors Elstro, Lundy and Glover. ORDINANCE NO. 62 -2006 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Recycling Center) The Clerk read Ordinance No. 62 -2006 on second reading by title only. This Ordinance is a request by Recycling Center, Inc. for a ten -year tax abatement for real estate valued at $300,000. The Tax Abatement Committee recommended approval. Council President Sharp declared Ordinance No. 62 -2006 on second reading and public hearing. Councilor Elstro again stated he had surveyed approximately eight employees of the Recycling Center and found each of them to have a wage lower than the $12 reported in the Tax Abatement request. Mr. Elstro questioned if the $12 was a valid average. There being no further comments for or against the Common Council Minutes August 21, 2006 Page 5 of 6 Ordinance, Councilor Welch moved for engrossment of Ordinance No. 62 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 62 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 49 -2006 on third reading by title only. Ordinance No. 49 -2006 was adopted with an 8 -1 roll call vote. The dissenting vote was cast by Councilor Elstro. ORDINANCE NO. 70 -2006 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Holland Colours Americas, Inc.) The Clerk read Ordinance No. 70 -2006 on second reading by title only This Ordinance is a request by Holland Colours Americas, Inc. for a ten -year tax abatement for real estate valued at $850,000. The Tax Abatement Committee recommended approval. Council President Sharp declared Ordinance No. 70 -2006 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 70 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Lundy moved to advance Ordinance No. 70 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 70 -2006 on third reading by title only. Ordinance No. 70 -2006 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 71 -2006 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (B &F Plastics, Inc.) The Clerk read Ordinance No. 71 -2006 on second reading by title only. This Ordinance is a request by B &F Plastics, Inc. a ten -year tax abatement for equipment valued at $1,200,000. The Tax Abatement Committee recommended approval. Council President Sharp declared Ordinance No. 71 -2006 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Wissel moved for engrossment of Ordinance No. 49 -2006 with a second by Councilor Welch. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 71 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Cleric read Ordinance No. 71 -2006 on third reading by title only. Ordinance No. 71 -2006 was adopted with a 9 -0 roll call vote. ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT There being no further business, the meeting was adjourned. aH Sharp, President ATTEST: � Karen Chasteen, Clerk Common Council Minutes August 21, 2006 Page 6 of 6