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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. Common Council Minutes 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 Common Council Minutes 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. Common Council Minutes 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