HomeMy Public PortalAbout10-15-2007PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND, INDIANA,
MONDAY, OCTOBER 15, 2007
The Common Council of the City of Richmond, Indiana met in regular session Monday, October 15, 2007,
in the Council Chambers in said City.
PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILOR ELSTRO
President Pappin presided and the following business was conducted:
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 October 1, 2007, with a second by
Councilor Welch. Upon a vote viva voce, the motion passed.
PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS,
MOTIONS, RESOLUTIONS
RESOLUTION NO. 10 -2007 — A RESOLUTION DESIGNATING THE CITY OF RICHMOND AS A
PRESERVE AMERICA COMMUNITY
The Clerk read Resolution No. 010 -2007 by title only
This Resolution is to support the Department of Metropolitan Development's efforts to be designated as a
Preserve America Community. The Resolution was endorsed by the Richmond Historic Preservation
Commission on September 3, 2007.
The Preserve America program is an initiative of the White House, in cooperation with the Advisory
Council on Historic Preservation and the US Departments of the Interior, Commerce, Agriculture and
Housing & Urban Development. Benefits of designation include White House recognition; eligibility to
apply for Preserve America grants; a certificate of recognition; a Preserve America Community road sign;
authorization to use the Preserve America logo on signs, flags, banners and promotional materials; listing
in a Web -based Preserve America Community directory; inclusion in national and regional press releases;
official notification of designation to state tourism offices and visitors bureaus, and enhanced community
visibility and pride.
In 2007, $2.2 million in grants were available exclusively to Preserve America Communities. These are
available dollar for dollar to support preservation efforts through heritage tourism, education and historic
preservation planning. Only 500 communities have this designation. Indiana communities are Bedford,
Crown Point, Lafayette, Madison, New Albany and the Irvington Neighborhood in Indianapolis.
Councilor Lundy moved to adopt Resolution No. 10 -2007 with a second by Councilor Elstro. Upon a vote
viva voce, the motion passed.
RESOLUTION NO. 11 -2007 — A RESOLUTION DESIGNATING A CERTAIN AREA AS AN ECONOMIC
REVITALIZATION AREA (US 35 property)
The Clerk read Resolution No. 011 -2007 by title only
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October 15, 2007
Page 2 of 7
This Resolution would designate a triangular parcel containing approximately 153.770 acres, bounded by
Interstate 70 on the south, North Salisbury Road on the west and North U.S. 35 on the northeast as an
Economic Revitalization Area.
Councilor Wissel moved to adopt Resolution No. 11 -2007 with a second by Councilor Sharp. Upon a
vote viva voce, the motion passed.
COMMUNICATION FROM THE MAYOR
• There will be a State Main Street Conference in Richmond October 18 -20.
• The week of October 22, Ivy Tech is hosting a conference.
• Reminder — October is Cash for Cans Month — please recycle.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
Minutes of the September 27 and October 4 meetings were accepted as presented.
REPORTS FROM DEPARTMENT HEADS - None
REPORTS FROM STANDING COMMITTEES - None
REPORTS FROM SPECIAL COMMITTEES - None
REPORTS FROM ORGANIZATIONS - None
MISCELLANEOUS BUSINESS - Councilor Wissel moved to amend the agenda to hold Ordinance No.
69 -2007 until November 5, 2007, with a second by Councilor Welch. Upon a vote viva voce, the motion
passed.
ORDINANCES ON FIRST READING
Councilor Elstro moved to suspend the rules and read Ordinance Nos. 68, 73, 74, 75 & 76 -2007 on first
reading by title only with a second by Councilor Lundy. Upon a vote viva voce, the motion passed.
ORDINANCE NO. 68 -2007 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A
CERTAIN PARCEL FROM R -3, ONE TO EIGHT FAMILY RESIDENCE, TO R -3, SPECIAL USE (117 S 4 "'
Street)
The Clerk read Ordinance No. 68 -2007 on first reading by title only.
This Ordinance is a petition to rezone the property at 117 South 4th Street from R -3 One -to -Eight Family
Residence District to R -3 Special Use District to allow the property to be used as a professional office for
property management.
Ordinance No. 68 -2007 was referred to Plan Commission for public hearing on October 25, 2007.
ORDINANCE NO. 73 -2007 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL,
ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE UNITED WAY OF THE
WHITEWATER VALLEY (wPs)
The Clerk read Ordinance No. 73 -2007 on first reading by title only.
This Ordinance would authorize the City of Richmond Parks and Recreation Department to submit a grant
application to the United Way of the Whitewater Valley and to accept said grant funding in an amount up
Common Council Minutes
October 15, 2007
Page 3 of 7
to Five Thousand Three Hundred Fifty Dollars and Zero Cents ($5,350.00). These funds would be
appropriated toward operating expenses related to Senior Widowed Program.
Councilor Welch moved to advance Ordinance No. 73 -2007 to second reading and to suspend the rules
and read by title only with a second by Councilor Sharp. Upon a vote viva voce, the motion passed.
The Clerk read Ordinance No. 73 -2007 on second reading by title only.
Council President Pappin declared Ordinance No. 73 -2007 on second reading and public hearing. There
being no comments for or against the Ordinance, Councilor Parker moved for engrossment of Ordinance
No. 73 -2007 with a second by Councilor Welch. Upon a vote viva voce, the motion passed.
Councilor Wissel moved to advance Ordinance No. 73 -2007 to third and final reading and suspend the
rules and read by title only with a second by Councilor Sharp. Upon a vote viva voce, the motion passed.
The Clerk read Ordinance No. 73 -2007 on third reading by title only.
Ordinance No. 73 -2007 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 74 -2007 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL,
ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE UNITED STATES CORPORATION
FOR NATIONAL AND COMMUNITY SERVICE (RsvP)
The Clerk read Ordinance No. 74 -2007 on first reading by title only.
This Ordinance would authorize the City of Richmond to submit a grant application to the U.S.
Corporation for National and Community Service for the benefit of the RSVP program. This Ordinance
would also authorize the city to accept said grant funding in an amount up to Thirty Nine Thousand Sixty
Seven Dollars and No Cents ($39,067.00).
Councilor Welch moved to advance Ordinance No. 74 -2007 to second reading and to 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. 74 -2007 on second reading by title only.
Council President Pappin declared Ordinance No. 74 -2007 on second reading and public hearing. There
being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance
No. 74 -2007 with a second by Councilor Lundy. Upon a vote viva voce, the motion passed.
Councilor Lundy moved to advance Ordinance No. 74 -2007 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. 74 -2007 on third reading by title only.
Ordinance No. 74 -2007 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 75 -2007 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A
CERTAIN PARCEL FROM R -4, MULTI - FAMILY RESIDENCE DISTRICT, TO R -4, SPECIAL USE (1829
East Main)
The Clerk read Ordinance No. 75 -2007 on first reading by title only.
This Ordinance is a petition to rezone the property at 1829 East Main Street from R -4 Multi - Family District
to R -4 Special Use District so the owner may operate the site as their residence and Special Events
Facility.
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October 15, 2007
Page 4 of 7
Ordinance No. 75 -2007 was referred to Plan Commission for Public Hearing on October 25, 2007
ORDINANCE NO. 76 -2007 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A
CERTAIN PARCEL FROM R -3, ONE TO EIGHT FAMILY RESIDENCE, TO R -3, SPECIAL USE
DISTRICT (1901 East Main)
The Clerk read Ordinance No. 76 -2007 on first reading by title only.
This Ordinance is a petition to rezone the property at 1901 East Main Street from R -3 One -to -Eight Family
Residence District to R -3 Special Use District to allow the property to be used as a professional office for
psychology therapists.
Ordinance No. 76 -2007 was referred to Plan Commission for Public Hearing on October 25, 2007.
ORDINANCES ON SECOND READING
ORDINANCE NO. 58 -2007 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A
CERTAIN PARCEL FROM R -3 (one to Eight Family Residence District) to R -3 (Special Use) (136 NW «H»
Street)
The Clerk read Ordinance No. 58 -2007 on second reading by title only.
This Ordinance is a petition to rezone the property at 136 NW "H" Street from R -3 One -to -Eight Family
Residence District to R -3 Special Use District to allow the property to be operated as a daycare business.
This Ordinance was heard by Plan Commission at public hearing on September 27. The Plan
Commission voted unanimously to recommend approval of the Special Use Rezoning with the following
commitments:
1. A sign no larger than 2'x3' be allowed to be placed in the front yard.
2. The sign may not be internally illuminated.
3. Staff parking must be on the cement slab at the rear of the property.
4. Any change of business plan that alters the nature of the business would require an amendment
to the rezoning ordinance.
5. The site must meet all child care facility requirements of the Indiana Family Social Services
Agency.
6. Pursuant to IC 36 -7 -4 -921, these commitments shall be binding upon:
a. the owner of the parcel;
b. a subsequent owner of the parcel; and
C. a person who acquires an interest in the parcel
7. In the event that any of the aforementioned restrictions or requirements of the Richmond City
Code are not met in full, the Special Use Rezoning is at that moment in violation of the Richmond
City Code.
Councilor Wissel moved to amend Ordinance No. 58 -2007 to include the commitments recommended by
the Plan Commission with a second by Councilor Parker. Upon a vote viva voce, the motion passed.
Council President Pappin declared Ordinance No. 58 -2007 as amended on second reading and public
hearing. Speaking in favor were Gail and Rob Mullins, owners. There being no comments against the
Ordinance, Councilor Welch moved for engrossment of Ordinance No. 58 -2007 as amended with a
second by Councilor Elstro. Upon a vote viva voce, the motion passed.
Councilor Wissel moved to advance Ordinance No. 58 -2007 as amended to third and final reading and
suspend the rules and read by title only with a second by Councilor Sharp. Upon a vote viva voce, the
motion passed.
The Clerk read Ordinance No. 58 -2007 as amended on third reading by title only
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October 15, 2007
Page 5 of 7
Ordinance No. 58 -2007 as amended was adopted with a 9 -0 roll call vote
ORDINANCE NO. 60 -2007 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A
CERTAIN PARCEL FROM C -4 General Business District to C -4 Special Use District (2931 US 35 N)
The Clerk read Ordinance No. 60 -2007 on second reading by title only.
This Ordinance is a petition to rezone the property at 2931 US Highway 35 North from C -4 General
Business District to C -4 Special Use District to allow the development of a crematory on the site. This
Ordinance was heard by Plan Commission at public hearing on September 27. The Plan Commission
voted unanimously to recommend approval of the Special Use rezoning
Council President Pappin declared Ordinance No. 60 -2007 on second reading and public hearing.
Speaking in favor were Mona and Gary Cummins, owners. There being no comments against the
Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 60 -2007 with a second by
Councilor Lundy. Upon a vote viva voce, the motion passed.
Councilor Elstro moved to advance Ordinance No. 60 -2007 to third and final reading and suspend the
rules and read by title only with a second by Councilor Lundy. Upon a vote viva voce, the motion passed.
The Clerk read Ordinance No. 60 -2007 on third reading by title only.
Ordinance No. 60 -2007 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 61 -2007 — A SPECIAL ORDINANCE VACATING A DEDICATED ALLEY (north -south
alley N of Seton Catholic School)
The Clerk read Ordinance No. 61 -2007 on second reading by title only.
This Ordinance is a petition to vacate portions of the alley between South 5th and South 6th Streets north
of Seton Catholic School for help facilitate the development of a gymnasium for the school. This
Ordinance was heard by Plan Commission at public hearing on September 27. The Plan Commission
voted unanimously to recommend approval of the vacation.
Council President Pappin declared Ordinance No. 61 -2007 on second reading and public hearing.
Speaking in favor was Gordon Moore. There being no comments against the Ordinance, Councilor Sharp
moved for engrossment of Ordinance No. 61 -2007 with a second by Councilor Welch. Upon a vote viva
voce, the motion passed.
Councilor Wissel moved to advance Ordinance No. 61 -2007 to third and final reading and suspend the
rules and read by title only with a second by Councilor Sharp. Upon a vote viva voce, the motion passed.
The Clerk read Ordinance No. 61 -2007 on third reading by title only.
Ordinance No. 61 -2007 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 62 -2007 — A SPECIAL ORDINANCE VACATING A DEDICATED ROADWAY (100 blk of
NW 20`h St)
The Clerk read Ordinance No. 62 -2007 on second reading by title only.
This Ordinance is a petition to vacate Northwest 20th Street north of Living Word Christian Church and is
part of a proposal to develop the area bordering Northwest 20th Street into eight single - family residential
units. This Ordinance was heard by Plan Commission at public hearing on September 27. The Plan
Commission voted unanimously to recommend approval of the vacation.
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October 15, 2007
Page 6 of 7
Council President Pappin declared Ordinance No. 62 -2007 on second reading and public hearing.
Speaking in favor was David Winemiller. Speaking in opposition were William and Terri Smith, 1901 NW
"E" Street; Thomas and Evelyn Charles, 1911 NW "C" Street and Tom Gardner, 1900 NW "C" Street.
Also speaking to the Ordinance was Bob Tyler, Richmond Sanitary District, Chad Salzbrenner, Bonar
Associates and Greg Steins, City Engineer.
Councilor Sharp moved to hold Ordinance No. 62 -2007 on second reading and public hearing until
November 5, 2007, with a second by Councilor Glover. Upon a vote viva voce, the motion passed.
ORDINANCE NO. 63 -2007 — A SPECIAL ORDINANCE VACATING A DEDICATED ALLEY (east -west alley
north of Seton Catholic School)
The Clerk read Ordinance No. 63 -2007 on second reading by title only.
This Ordinance is a petition to vacate portions of the east -west alley between South 5th and South 6th
Streets adjacent to the Seton Catholic School property to facilitate the development of a gymnasium for
the school. This Ordinance was heard by Plan Commission at public hearing on September 27. The
Plan Commission voted unanimously to recommend approval of the vacation.
Council President Pappin declared Ordinance No. 63 -2007 on second reading and public hearing.
Speaking in favor was Gordon Moore. There being no comments against the Ordinance, Councilor Elstro
moved for engrossment of Ordinance No. 63 -2007 with a second by Councilor Parker. Upon a vote viva
voce, the motion passed.
Councilor Sharp moved to advance Ordinance No. 63 -2007 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 Ordinance No. 63 -2007 on third reading by title only.
Ordinance No. 63 -2007 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 66 -2007 — 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 (Productivity Fabricators)
The Clerk read Ordinance No. 66 -2007 on second reading by title only.
This Ordinance is a request of Productivity Fabricators, Inc. for a 10 -year tax abatement for equipment
valued at $123,380. The Tax Abatement Committee recommended approval.
Council President Pappin declared Ordinance No. 66 -2007 on second reading and public hearing. There
being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance
No. 66 -2007 with a second by Councilor Parker. Upon a vote viva voce, the motion passed.
Councilor Welch moved to advance Ordinance No. 66 -2007 to third and final reading and suspend the
rules and read by title only with a second by Councilor Sharp. Upon a vote viva voce, the motion passed.
The Clerk read Ordinance No. 66 -2007 on third reading by title only.
Ordinance No. 66 -2007 was adopted with a 9 -0 roll call vote.
ORDINANCE NO. 71 -2007 — 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 (AQuMed Mfg.)
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October 15, 2007
Page 7 of 7
The Clerk read Ordinance No. 71 -2007 on second reading by title only
This Ordinance is a request of AQuMed Manufacturing LLC for a 10 -year tax abatement for equipment
valued at $35,000. The Tax Abatement Committee recommended approval.
Council President Pappin declared Ordinance No. 71 -2007 on second reading and public hearing.
Speaking in favor was Kevin Ahaus, petitioner. There being no comments against the Ordinance,
Councilor Elstro moved for engrossment of Ordinance No. 71 -2007 with a second by Councilor Sharp.
The motion failed with an 8 -1 vote. Dissenting was Councilor Klose. Councilor Klose asked for additional
information regarding employee insurance benefits before a vote is taken.
Ordinance No. 71 -2007 will be held on second reading.
ORDINANCE NO. 72 -2007 — A GENERAL ORDINANCE AMENDING CHAPTER 54 OF THE
MUNICIPAL CODE (Sewer Usage)
The Clerk read Ordinance No. 72 -2007 on second reading by title only.
This Ordinance is an amendment to Chapter 54 of the Richmond City Code. This amendment addresses
the limits of copper discharge into local streams. The proposed amendment is needed to keep the City in
compliance with its National Pollutant Discharge Elimination System permit. The Tax Abatement
Committee recommended approval.
Council President Pappin declared Ordinance No. 72 -2007 on second reading and public hearing. There
being no comments for or against the Ordinance, Councilor Parker moved for engrossment of Ordinance
No. 72 -2007 with a second by Councilor Sharp. Upon a vote viva voce, the motion passed.
Councilor Welch moved to advance Ordinance No. 72 -2007 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. 72 -2007 on third reading by title only.
Ordinance No. 72 -2007 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
S/S Diana Pappin
Diana Pappin, President
ATTEST: S/S Karen Chasteen
Karen Chasteen, City Clerk