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HomeMy Public PortalAbout12-05-2005PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, DECEMBER 5, 2005 The Common Council of the City of Richmond, Indiana met in regular session Monday, December 5, 2005, in the Council Chambers in said City. President Bruce Wissel presided and the following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR PARKER 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, November 21, 2005 with a second by Councilor Pappin. The motion carried with a unanimous voice vote. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR There is no candidate for the Park Superintendent at this time. The search continues. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the November 17 and 23, 2005 meetings were accepted as presented. REPORTS FROM ORGANIZATIONS: Councilor Sharp reported that the Economic Development Corporation held a meeting this date. The actions of the board included instituting new policies and procedures and the passage of a resolution to support Mr. Holbrook. MISCELLANEOUS BUSINESS The Chamber of Commerce has nominated Dana Weigle to serve on the Wayne County Tourism Board. Nominations will be held open until December 19. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 84, 85, 86 & 88 -2005 on first reading by title only with a second by Councilor Lundy. The motion carried with a unanimous voice vote. ORDINANCE NO.84 -2005 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM PART C -4 and PART R -3 TO C -4 (5309 -5501 National Road East) The Clerk read Ordinance No. 84 -2005 on first reading by title only. This ordinance is a petition to rezone from R -3 One to Eight Family Residence District, to C -4 General Business District, the former Longer Trailer Court and Holiday Inn properties at 5309 and 5501 National Road East. The rezoning would allow the owner to market the sites under one zoning classification. Ordinance No. 84 -2005 was referred to the Plan Commission for public hearing at its meeting on December 15, 2005. Common Council Minutes December 5, 2005 Page 2 ORDINANCE NO. 85 -2005 - AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS TO AND REDUCTIONS FROM CERTAIN FUNDS The Clerk read Ordinance No. 85 -2005 on first reading by title only. This ordinance would increase or reduce funds as indicated: 1. Reduction in General Fund - Human Resources $20,000.00 2 Increase in General Fund - Finance $20,000.00 3. Reduction in Park and Recreation $30,000.00 4. Reduction in Motor Vehicle Highway $30,000.00 5. Increase in General Fund - Fire Dept. $60,000.00 Councilor Welch moved to advance Ordinance No. 85 -2005 to second reading, suspend the rules and read by title only. There was a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 85 -2005 on second reading by title only. Council President Wissel declared Ordinance No. 85 -2005 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Elstro moved for engrossment of Ordinance No. 85 -2005 with a second by Councilor Pappin. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Ordinance No. 85 -2005 to third and final reading and suspend the rules and read by title only with a second by Councilor Sharp. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 85 -2005 on third reading by title only. Ordinance No. 85 -2005 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 86 -2005 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF TRANSPORTATION (scenic Byway Program - Gorge Trail) The Clerk read Ordinance No. 86 -2005 on first reading by title only. This ordinance would authorize the City of Richmond to submit a grant application to obtain funds that will be used for trail development in the central section of Richmond's trail located between Cardinal Greenway and the Starr - Gennett area. A local match of 20% is required and would be provided through the use of pre - purchased materials from a previous grant and funds provided by the Starr - Gennett Foundation. Councilor Lundy moved to advance Ordinance No. 86 -2005 to second reading, suspend the rules and read by title only. There was a second by Councilor Elstro. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 86 -2005 on second reading by title only. Council President Wissel declared Ordinance No. 86 -2005 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Elstro moved for engrossment of Ordinance No. 86 -2005 with a second by Councilor Welch. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Ordinance No. 86 -2005 to third and final reading and suspend the rules and read by title only with a second by Councilor Sharp. The motion carried with a unanimous voice vote. Common Council Minutes December 5, 2005 Page 3 The Clerk read Ordinance No. 86 -2005 on third reading by title only. Ordinance No. 86 -2005 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 87 -2005 — A SPECIAL ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION The Clerk read Ordinance No. 87 -2005 in its entirety WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose; and WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following shall be accepted and gratefully acknowledged by the citizens of Richmond: The Neighborhood Services Clearinghouse has donated an inflatable Moonwalk Amusement for use during the various Community Police events. Councilor Welch moved to advance Ordinance No. 87 -2005 to second reading, suspend the rules and read by title only. There was a second by Councilor Sharp. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 87 -2005 on second reading by title only. Council President Wissel declared Ordinance No. 87 -2005 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Lundy moved for engrossment of Ordinance No. 87 -2005 with a second by Councilor Elstro. The motion carried with a unanimous voice vote. Councilor Elstro moved to advance Ordinance No. 87 -2005 to third and final reading and suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 87 -2005 on third reading by title only. Ordinance No. 87 -2005 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 88 -2005 — A GENERAL ORDINANCE AMENDING SECTION 75 OF THE CITY OF RICHMOND CODE REGARDING SNOW EMERGENCY ROUTES Ordinance No. 88 -2005 was tabled until the December 19, 2005 meeting. ORDINANCES ON SECOND READING ORDINANCE NO. 69 -2005 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL AS R -1 (ONE FAMILY RESIDENCE DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT DISTRICT — R -1) (Arbor Trace) The Clerk read Ordinance No. 69 -2005 on second reading by title only. This ordinance is a petition requesting a Residential Planned Unit Development in an R -1, One Family Residence District, for use as an Assisted Living Center and Nursing Home Complex located on the South side of Hodgin Road, opposite South 37th Street. The ordinance was reviewed by the Richmond Advisory Plan Commission at a public hearing on October 27 and again on November 16, 2005. The Staff recommended approval with the following stipulations: Common Council Minutes December 5, 2005 Page 4 1. Annexation into the City 2. Development of a secondary emergency access to the site 3. Improvement of Scott Ditch from the end of the county's legal ownership to the end of Carpon's property 4. Construction of duplexes would be no less than 1500 square feet per residential unit with attached garage 5. Submission of a landscape plan as part of final Development Plan 6. Construction of retention ponds with either fountains or water filtering vegetation. The motion to approve was made to also include a stipulation that no building would be more than two and a half stories in height. The Richmond Advisory Plan Commission voted 5 -6 against the motion. Council President Wissel declared Ordinance No. 69 -2005 on second reading and public hearing. Speaking in favor of the ordinance was Ray Ramsey, Charles Quakenbush, Devota Owens, Evelyn Charles, Robert Raper, Jama Mead, Paul Raper and Joyce Jagorski. Speaking against the ordinace were Mark Layson, Allen Williams, Mike Dull, Mary Scheidener -Holt, Duane Lacker, Bob Humphries, Kyle Tom, Paul Bisker, Bill Murray and Wendell Stracener. Councilor Elstro moved for engrossment of Ordinance No. 69 -2005 with a second by Councilor Parker. The motion carried with a unanimous voice vote. Councilor Welch moved to amend Ordinance No. 69 -2005 by adding a stipulation The developer will dedicate an easement not to exceed sixty (60) feet, to the City of Richmond at such time the City wants to extend 37th Street with a second by Councilor Parker. The motion carried with an 8 -1 roll call vote. Voting against the amendment was Councilor Sharp. Councilor Pappin moved to amend Amended Ordinance No. 69 -2005 by adding the following stipulations: 1. The property will be annexed into the City; 2. There will be development of a secondary emergency access to the site; 3. The construction of duplexes would be no less than 1500 square feet per residential unit with an attached garage; 4. The submission of a landscape plan as part of the final Development Plan; 5. The construction of retention ponds with either fountains or water filtering vegetation; 6. No building will be more than two stories in height; 7. There will be a minimum of 33% green space. There was a second by Councilor Parker. The motion carried with a unanimous voice vote. Councilor Elstro moved to advance Amended Ordinance No. 69 -2005 to third and final reading and suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a 7- 2 roll call vote. Voting against the amendment were Councilors Sharp and Klose. The Clerk read Amended Ordinance No. 69 -2005 on third reading by title only. Amended Ordinance No. 69 -2005 was adopted with a 6 -3 roll call vote. Voting against the ordinance were Councilors Sharp, Welch and Klose. ORDINANCE NO. 81 -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 (Ahaus Tool) The Clerk read Ordinance No. 81 -2005 on second reading by title only. This Ordinance is a request for a five -year tax abatement for equipment by Ahaus Tool and Engineering, Inc. for equipment valued at $375,000. Common Council Minutes December 5, 2005 Page 5 Council President Wissel declared Ordinance No. 81 -2005 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Elstro moved for engrossment of Ordinance No. 81 -2005 with a second by Councilor Lundy. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Ordinance No. 81 -2005 to third and final reading and suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 81 -2005 on third reading by title only. Ordinance No. 81 -2005 was adopted with a 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