HomeMy Public PortalAbout06-06-2005PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND, INDIANA, MONDAY, JUNE 6, 2005
The Common Council of the City of Richmond, Indiana met in regular session Monday, June 6,
2005, in the Council Chambers in said City. President Bruce Wissel presided and the following
business was conducted:
PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILOR SHARP
ROLL CALL
Councilors present were Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Karl Sharp, Bing
Welch, Larry Parker, Al Glover, Gil Klose and Diana Pappin.
APPROVAL OF MINUTES
Councilor Parker moved to approve the minutes of the meeting of Monday, May 16, 2005 with a
second by Councilor Sharp. The motion carried with a unanimous voice vote.
PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND
INTRODUCTIONS, MOTIONS, RESOLUTIONS
Mayor Hutton presented the second place award for the "If I Were Mayor' essay contest to Joan
Jordan. There were 200 entries with ideas which will be discussed for inclusion in the City of
Richmond Master Plan.
COMMUNICATION FROM THE MAYOR
• A new procedure for marking high grass /weeds has been implemented. A pink flag is
being used to mark properties that need attention. If the property owner does not
remedy the situation in a timely manner, the City will cut the weeds and bill the owner.
• The spring clean up is going well — to date 312 tons of debris and 1799 tires have been
picked up by the Sanitary and Street Departments.
• Hills Pet Nutrition is hosting a luncheon on June 24 at 11:30 AM. All members of
Council are invited.
• American Legion Post 65 and VFW 1108 installed American flags on the US 40 and
Main Street Bridges.
• A plan is being developed to eliminate graffiti on public structures.
• There are five interested parties in the Carpenter facility. There has only been one
written offer.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
The minutes of the May 5, 12 and 19, 2005 meetings were accepted as presented.
Common Council Minutes
June 6, 2005
Page 2
REPORTS FROM STANDING COMMITTEES
Al Glover, Transportation Committee, announced all signs indicating Bus Stops have been
installed with the exception of Chester Boulevard. There will be a great deal of construction
taking place in that area and the signs will be installed upon completion.
MISCELLANEOUS BUSINESS
Councilor Parker moved to hold Ordinance No. 38 -2005 to be brought back to Council at a later
meeting with a second by Councilor Pappin. The motion carried with a unanimous voice vote.
Councilor Elstro moved to strike Ordinance No. 26 -2005 with a second by Councilor Parker.
The motion carried with a unanimous voice vote.
ORDINANCES ON FIRST READING
Councilor Elstro moved to suspend the rules and read Ordinance Nos. 37, 39, 40, 41 and 44-
2005 on first reading by title only with a second by Councilor Lundy. The motion carried with a
unanimous voice vote.
ORDINANCE NO. 37 -2005 —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
The Clerk read Ordinance No. 37 -2005 on first reading by title only.
This is a ten -year tax abatement request from Color Box, LLC. The estimated value of the
proposed project is $485,000 with 316 jobs being retained. The average hourly rate for existing
employees is $20.44.
Ordinance No. 37 -2005 was referred to the Tax Abatement Committee.
ORDINANCE NO. 39 -2005 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A
CERTAIN PARCEL FROM R -3 ONE TO EIGHT FAMILY RESIDENCE TO A SPECIAL USE
DISTRICT
The Clerk read Ordinance No. 39 -2005 on first reading by title only.
This ordinance is a petition to rezone to a Special Use District in an R -3 One to Eight Family
Residence District for use as a Medical Office, located at 2515 East Main Street.
Ordinance No. 39 -2005 was referred to the Plan Commission for public hearing at its meeting
on June 23, 2005.
ORDINANCE NO. 40 -2005 —AN APPROPRIATION ORDINANCE AUTHORIZING THE
SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE INDIANA
HOUSING FINANCE AUTHORITY
The Clerk read Ordinance No. 40 -2005 on first reading by title only.
Ordinance No. 40 -2005 would grant authorization to prepare and submit an application for up to
Three Hundred Thousand Dollars ($300,000) in Community Development Block Grant funding
to assist up to 20 low- income homeowners with needed repairs and to execute and administer
Common Council Minutes
June 6, 2005
Page 3
resultant grant including requisite general administration and housing activity management,
contracts and agreements pursuant to regulations of the Indiana Housing Finance Authority and
the United States Department of Housing and Urban Development. Funds in the amount of
Sixty Thousand Dollars ($60,000) are set aside from the City of Richmond Revolving Loan Fund
for this activity. This commitment fulfills the minimum leverage requirement for this request.
Councilor Welch moved to suspend the rules and advance Ordinance No. 40 -2005 to second
reading and read by title only with a second by Councilor Pappin. The motion carried with a
unanimous voice vote.
The Clerk read Ordinance No. 40 -2005 on second reading by title only.
President Wissel declared Ordinance No. 40 -2005 on second reading and public hearing.
There being no comments for or against the ordinance, Councilor Elstro moved for engrossment
of Ordinance No. 40 -2005 with a second by Councilor Lundy. The motion carried with a
unanimous voice vote.
Councilor Lundy moved to advance Ordinance No. 40 -2005 to third and final reading and
suspend the rules and read by title only with a second by Councilor Elstro. The motion carried
with a unanimous voice vote.
The Clerk read Ordinance No. 40 -2005 on third reading by title only.
Ordinance No. 40 -2005 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 41 -2005 —AN APPROPRIATION ORDINANCE AUTHORIZING THE
SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE INDIANA
DEPARTMENT OF TRANSPORTATION
The Clerk read Ordinance No. 41 -2005 on first reading by title only.
Ordinance No. 41 -2005 would authorize the city of Richmond to submit a grant application to
obtain funds in the amount of One Million eight Hundred Sixty -Two Thousand Eighty Dollars
($1,862,080) that would be used to construct improvements on or near Salisbury Road. A local
match of Four Hundred Ninety Five Thousand Five Hundred Twenty Dollars ($495,520) is
required.
Councilor Welch moved to advance Ordinance No. 41 -2005 and suspend the rules and read by
title only with a second by Councilor Sharp. The motion carried with a unanimous voice vote.
President Wissel declared Ordinance No. 41 -2005 on second reading and public hearing.
There being no comments for or against the ordinance, Councilor Elstro moved for engrossment
of Ordinance No. 41 -2005 with a second by Councilor Lundy. The motion carried with a
unanimous voice vote.
Councilor Lundy moved to advance Ordinance No. 41 -2005 to third and final reading and
suspend the rules and read by title only with a second by Councilor Elstro. The motion carried
with a unanimous voice vote.
The Clerk read Ordinance No. 41 -2005 on third reading by title only.
Ordinance No. 41 -2005 was adopted with a 9 -0 roll call vote.
Common Council Minutes
June 6, 2005
Page 4
ORDINANCE NO. 44 -2005 —AN APPROPRIATION ORDINANCE AMENDING ORDINANCE
NO. 65 -2004 KNOWN AS THE 2005 SALARY ORDINANCE
The Clerk read Ordinance No. 44 -2005 on first reading by title only.
This ordinance would allow the City to enter into an Interlocal Agreement with the Sanitary
District for the purposes of cost containment and efficiency, to reorganize the handling of the
budget, financial services and accounting of the Sanitary District and have said budget, financial
services and accounting managed and operated the City. The reorganization of the budget,
financial services and accounting of the Sanitary District would substantially reduce costs for the
Sanitary District and minimize redundancy of procedure of both the City and the Sanitary
District.
Councilor Elstro moved to advance Ordinance No. 44 -2005 to second reading and suspend the
rules and read by title only with a second by Councilor Lundy. The motion failed with two
dissenting votes by Councilors Welch and Parker.
Ordinance No. 44 -2005 will be heard on second reading at the June 20, 2005 meeting.
ORDINANCES ON SECOND READING
AMENDED ORDINANCE NO. 21 -2005 - A SPECIAL ORDINANCE AMENDING THE ZONING
MAP FOR A CERTAIN PARCEL FROM R -1 TO A SPECIAL USE DISTRICT
The Clerk read Ordinance No. 21 -2005 on second reading by title only.
The Richmond Advisory Planning Commission conducted a public hearing on Ordinance No.
21 -2005 on May 26, 2005. This is the petition of Oak Park Church, owners, and James
Backmeyer, Sr., agent, requesting a rezoning of the property at the southeast corner of South
"L" and 23 d Streets from R -1 Single Family Residence District to the Special Use District in an
R -1 district to allow for development of a Healthcare Center /Nursing Home.
The Plan Commission was concerned about the location of the structure and its parking lots.
The Plan Commission voted 9 -1 to recommend denial of the ordinance.
The Developer submitted a revised plan which places the structure to the southern -most line of
the property which they felt would better accommodate the high -end housing in the subdivisions
north and east of the site.
Council President Wissel declared Ordinance No. 21 -2005 on second reading and public
hearing. Speaking in favor of the Ordinance were Jeff Jarecki, Pastor Kevin Shendall, Steve
Rabe, Esq., Ron Moore and Chris Nelson. Those present and in opposition were Kyle Tom,
David Winemiller, April Jones, Paul Lingle, Phil Beam and Allen Williams.
Councilor Welch moved to amend the ordinance to include the nursing home, assisted living
campus and physical therapy and rehabilitation building and grounds will occupy approximately
ten (10) acres of this parcel and the maintenance of the remaining 21 acres will be the
responsibility of the developer. Councilor Glover seconded. The motion carried with a
unanimous voice vote.
Councilor Welch moved to also amend the ordinance to include no additional development will
occur without the entire parcel being designated a Planned Unit Development. Councilor Parker
seconded. The motion carried with a unanimous voice vote.
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June 6, 2005
Page 5
Councilor Elstro moved for engrossment of Amended Ordinance No. 21 -2005 with a second by
Councilor Glover. The motion carried with a unanimous voice vote. Councilor Lundy moved to
advance Ordinance No. 21 -2005 to third and final reading, suspend the rules and read by title
only. The motion carried with a unanimous voice vote.
The Clerk read Amended Ordinance No. 21 -2005 on third reading by title only.
Amended Ordinance 21 -2005 was adopted was a 9 -0 roll call vote.
ORDINANCE NO. 25 -2005 —A SPECIAL ORDINANCE PROVIDING FOR A PLANNED UNIT
DEVELOPMENT GENERALLY LOCATED SOUTH OF HIDDEN VALLEY DRIVE AND
SOUTHWEST 15TH STREET TO BE USED FOR RESIDENTIAL PURPOSES
The Clerk read Ordinance No. 25 -2005 on second reading by title only.
Ordinance No. 25 -2005 is a petition to rezone to a Residential P.U.D. District, the properties
owned by Ed Nicholson between Test Road and Southwest 15th Street which is currently a
combination of R -2 One Family Residence District and 0-1 Greenbelt. The overlay zoning
would allow the owner to develop 72 residential units while preserving the significant natural and
historic resources of the site.
Council President Wissel declared Ordinance No. 25 -2005 on second reading and public
hearing.
Councilor Welch moved to amend the Ordinance with the following stipulations:
Voluntary annexation of the residential component and select acreage of greenbelt as agreed to
by the Department of Metropolitan Development into Richmond City limits and Richmond
Sanitation District before the issuance of the first Building Permit;
Reduction of number of lots in the addition;
Exclusion of multi - family residential uses;
Inclusion of sidewalks and street lighting into the final development plan;
Rezoning of land already owned by Mr. Nicholson in other portions of Hidden Valley to 0-1
Greenbelt;
Development of a homeowners association or property management agreement satisfactory to
the Department of Metropolitan Development to insure the maintenance of designated greenbelt
space;
Pursuit of a conservation easement or similar restriction to assist with the preservation of the
historic farmstead.
Councilor Sharp seconded. The motion carried with a unanimous voice vote.
Councilor Elstro moved for engrossment of Amended Ordinance No. 25 -2005 with a second by
Councilor Pappin. The motion carried with a unanimous voice vote. Councilor Lundy moved to
advance Amended Ordinance No. 25 -2005 to third and final reading and suspend the rules and
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June 6, 2005
Page 6
read by title only with a second by Councilor Elstro. The motion carried with a unanimous voice
vote.
The Clerk read Amended Ordinance No. 25 -2005 on third reading by title only.
Amended Ordinance No. 25 -2005 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 32 -2005 —A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR
CERTAIN PARCELS FROM C -1 LIMITED COMMERCIAL DISTRICT AND R -4 MULTI - FAMILY
RESIDENCE DISTRICTS TO A C -2 COMMERCIAL DISTRICT
The Clerk read Ordinance No. 32 -2005 on second reading by title only.
This Ordinance is a petition requesting a rezoning of the properties located at 209, 211, 215 and
221 North 8th Street and 2006, 210, 214, 218, 222 and 226 North 9th Street from R -4 Multi -
Family Residence District and C -1 Limited Commercial to C -2 Commercial District to allow for
redevelopment of the lots for commercial use. The Richmond Advisory Planning Commission
conducted a public hearing on Ordinance No. 32 -2005 on May 26, 2005 and voted 10 -0 to
recommend approval of the ordinance
Council President Wissel declared Ordinance No. 32 -2005 on second reading and public
hearing. There being no comments for or against the ordinance, Councilor Elstro moved for
engrossment of Ordinance No. 32 -2005 with a second by Councilor Welch. The motion carried
with a unanimous voice vote.
Councilor Welch moved to suspend the rules and advance Ordinance No. 32 -2005 to third and
final reading and read by title only with a second by Councilor Sharp. The motion carried with a
unanimous voice vote.
The Clerk read Ordinance No. 32 -2005 on third reading by title only.
Ordinance No. 32 -3005 was adopted with an 9 -0 roll call vote.
ORDINANCE NO. 33- 2005 —A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR
A CERTAIN PARCEL FROM R -3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO A
SPECIAL USE DISTRICT
The Clerk read Ordinance No. 33 -2005 on second reading by title only
This is a petition requesting a rezoning of the property at 2019 East Main Street from R -3 One
to Eight Family Residence District to the Special Use District in an R -3 district to allow for
development of the property as a Bed & Breakfast -style business. The Plan Commission voted
10 -0 to recommend approval of the ordinance.
Council President Wissel declared Ordinance No. 33 -2005 on second reading and public
hearing. Speaking in favor of this ordinance was Chris Nelson. There was no one in
opposition. Councilor Lundy moved for engrossment of Ordinance No. 33 -2005 with a second
by Councilor Elstro. The motion carried with a unanimous voice vote.
Councilor Elstro moved to suspend the rules and advance Ordinance No. 33 -2005 to third and
final reading and read by title only with a second by Councilor Lundy. The motion carried with a
unanimous voice vote.
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June 6, 2005
Page 7
The Clerk read Ordinance No. 33 -2005 on third reading by title only.
Ordinance No. 33 -2005 was adopted with an 9 -0 roll call vote.
CALL FOR ADJOURNMENT
There being no further business, the meeting was adjourned.
S/S Bruce Wissel
Bruce Wissel, President
ATTEST: S/S Karen Chasteen
Karen Chasteen, Clerk