HomeMy Public PortalAbout03-17-2003PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND, INDIANA, MONDAY, MARCH 17, 2003
The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday,
March 17, 2003, in the Council Chambers in said City. President Bing Welch presided with the following
Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Karl Sharp, Bruce Wissel, Larry Parker,
Phil Dickman, Stephen H. Rabe and Sarah "Sally" Hutton. The following business was conducted:
PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILMEMBER LUNDY
ROLL CALL
Nine present.
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Minutes of the March 3, 2003 meeting were approved on a motion by Councilmember Parker, second by
Councilmember Rabe, and the motion was carried on a voice vote.
PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS
MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING)
RESOLUTION NO. 3 — 2003 - A RESOLUTION ALLOWING A LATE FILED STATEMENT OF
BENEFITS FORM FOR A TAX ABATEMENT FOR CARROLL ELECTRIC, INC.
Since there was no spokesman in the audience to speak in favor of the resolution, President Welch asked
Councilmember Wissel to comment. Councilmember Wissel said he had talked with Mr. Stamper of
Carroll Electric, Inc. earlier about the resolution, explaining that this is a late filing request and according to
the law they are supposed to make their filing request before the work is started and this was nearly
completed. He said this is an abatement request for an electrical contractor, which the abatement committee
determined that this was not an eligible class since the 1997 revisions. On behalf of the committee he said
he would make a motion to decline the application, second by Councilmember Elstro followed by
discussion among the Councilmembers.
Councilmember Dickman asked for further explanation and Councilmember Wissel explained that since
1997 the abatements have gone more toward the manufacturing classifications and this is a service
industry. He said the thinking was that when a business is granted an abatement it is an incentive to grow,
adding that it reduces the initial cost in the beginning but also works as an advantage for that firm over
competitors. He said when you deal with an operation like a manufacturer you mean to give them that
economic advantage. When working with a service industry such as an electrical contractor you are giving
them an advantage over other taxpayers in the same community who are also in that business. He said that
is the reasoning behind backing off of those kinds of classifications.
Councilmember Sharp commented that in looking at the figures on the request under the estimated total
cost and value of the proposed project it listed the current value at $440,100, plus estimated value of the
proposed project $270,000 less values of any property being replaced. He said that shows a net increase of
$30,000 which is said doesn't sound like a significant amount of increase, adding that it still is not known
whether the assessor will go by these same numbers. Councilmember Lundy asked why Stamper was not
available tonight and President Welch stated that nobody had contacted him and reminded Councilmembers
that at the last meeting Stamper had contacted Councilmember Wissel explaining that there had been a
death in his family and asked that this resolution and ordinance be held.
Councilmember Rabe said that he sees a local business here which creating seven additional jobs at $16 per
hour and based on that reason he feels it should be approved.
President Welch said there is a motion on the floor with a second requesting that the resolution be denied
and that should be voted on.
City Attorney Bever explained that right now the discussion is about this resolution as to whether or not to
consider it. He said if the concerns are about why the request was not timely this would be the proper place
to deny the resolution but reminded Council that late filings have been approved in the past. He added that
if it really goes to the merits of it not being a proper ordinance it might make more sense to reject it at that
point in time.
President Welch said if he understood Bever correctly, what he was indicating is rather than reject the
resolution, it be accepted and accept the filing then argue the merits of the filing with the ordinance and it's
fine if that is turned down. Councilmember Parker then stated that if the resolution is defeated, that
automatically defeats the ordinance. President Welch and Bever both agreed that that was correct.
Common Council Minutes Cont'd
March 17, 2003
Page 2
Councilmember Lundy said that Council needs to be consistent about accepting the late filings and
Councilmember Elstro agreed that the resolution should be accepted then considered when the ordinance
comes up on the agenda.
Councilmember Wissel held strong on his motion to deny the resolution, commenting that in the discussion
on this issue in a recent Committee of the Whole meeting, which was not attended by all of the
Councilmembers, it was discussed that Council, by state law, needs to take a more strict approach to the
issue. Based on that, he said he would continue with his motion.
Councilmember Dickman asked Councilmember Wissel if the petitioner ever explained to him why the
request was tiled late. Councilmember Wissel answered that he believed that someone suggested that after
the work was done that back in February 1997 Council passed one for another contractor.
The motion to deny the resolution was approved on a six to three roll call vote, with Councilmembers
Parker, Rabe and Hutton voting against the denial. President Welch stated that since the resolution was
denied, Ordinance No. 8 — 2003 would be stricken.
COMMUNICATION FROM THE MAYOR
Mayor Shelley Miller had no comments.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
President Welch said the minutes of the meetings of February 20 and 27, 2003 were in the packets.
Councilmember Hutton asked about the surveying being done on Bridge Avenue and Planning Director
Bob Goodwin said that the residual property is being cleaned up there.
REPORTS FROM DEPARTMENT HEADS
REPORTS FROM STANDING COMMITTEES
REPORTS FROM SPECIAL COMMITTEES
REPORTS FROM ORGANIZATIONS
MISCELLANEOUS BUSINESS
President Welch called attention to the Standing Committees, saying that Public Safety did not have a
Council representative and he has appointed Councilmember Rabe to till that vacancy. Also, he said, he has
appointed Councilmember Rabe to replace Councilmember Combs on the Street Tree Commission. And,
he called attention to the fact that he (President Welch) had already replaced Councilmember Combs even
before he resigned, adding that with those additions all of the assignments have been tilled.
ORDINANCES ON FIRST READING
Councilmember Elstro moved to suspend the rules and read Ordinances No. 13, 14, 15, 16 and 17 — 2003
on first reading and read by title only, second by Councilmember Parker and the motion was carried on a
voice vote.
President Welch asked students in the audience to step forward and introduce themselves. All did, saying
they were representing Gary Weir's government class at Richmond High School.
ORDINANCE NO. 13 — 2003
The Clerk read Ordinance No. 13 — 2003 — AN APPROPRIATION ORDINANCE AMENDING
ORDINANCE NO. 11-2002 KNOWN AS THE 2003 SALARY ORDINANCE
Bever stated that he had tried to explain the changes dealt with in this ordinance in a letter sent to all
Councilmembers prior to this meeting. He said this deals with re -organizing in the Street Department and
consists of the re -naming of some of the employees. He said the cause of the re -organization was an issue
that came up through the bargaining with AFSCME whereby questions came up on whether those people
with the title of supervisors would be part of the bargaining unit. He said the administration took the
position that these were supervisors which, by national and other historic laws, would be allowed not to be
a part of the bargaining unit which was approved in the signed agreement.
However, he said, with the workload required by the Street Department working supervisors are needed.
Also, he said, Street Commissioner Gordon Moore also needs someone who would be a true supervisor,
who would be non -union and who would be working with the administration, otherwise, it would only be
Moore as the department head. Following a grievance that had merit filed by AFSCME and Street
Department employees, Bever said, the response to that was the following:
Common Council Minutes Cont'd
March 17, 2003
Page 3
Let's go through and keep it so there would be some working supervisors, who are now section leaders,
who could now become members of the union but at the same time keep at least two positions who could
be more true supervisors in the historical sense. Bever said there would be a slight fiscal impact to this but
the number of employees would remain the same. That cost would be $13,113.10. He said the positions
would not be tilled until later in the year. Councilmember Wissel questioned why there was no change in
the other positions if they are no longer supervisors.
Street Commissioner Gordon Moore explained that their responsibilities remain the same, adding that they
had been hands on supervisors long before he became the Street Commissioner. He said there are six
separate units that work independent of each other eight months out of the year and every morning they go
six different directions. He said there would be more of a delegation of his duties down into the two
management positions relieving him of some of the responsibilities he now has and those two positions
would be directly responsible for making sure that each of those employees under their supervision will be
active during the day.
Councilmember Hutton also had some questions about the responsibilities asking why the project manager
is scheduled to start March 24, but the Assistant Street Commissioner would not start until August 25.
Moore answered that with tilling the first position they wanted to wait to see if the second one would be
needed, adding that they only wanted to come to Council once with this reorganization
Councilmember Wissel moved to suspend the rules and advance Ordinance No. 13 — 2003 to second
reading and read by title only, second by Councilmember Parker and the motion was carried on a voice
vote
The Clerk read Ordinance No. 13 — 2003 on second reading. There being no comments either for or against
the ordinance Councilmember Sharp moved for engrossment, second by Councilmember Dickman and the
motion was held on second reading because of a request by Councilmember Elstro for it to stay there until
the next Council meeting.
ORDINANCE NO. 14 — 2003
The Clerk read Ordinance No. 14 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP
FOR A CERTAIN PARCEL FROM R-2 TO R-3 SPECIAL USE DISTRICT
President Welch said this ordinance would go to the Planning Commission but wanted Councilmembers to
be aware that there is discussion on this ordinance and there would be some future things that would have
to be done.
ORDINANCE NO. 15-2003
The Clerk read Ordinance No. 15 — 2003 — A SPECIAL USE ORDINANCE PROVIDING FOR A
PLANNED UNIT DEVELOPMENT TO BE USED FOR COMMERCIAL PURPOSES
Planning Director Bob Goodwin explained that the location is immediately north of the entrance to
Crestdale on 4.22 acres. He said a building of approximately 183,900 square feet is a medical/surgery
complex and the next step for this is a public hearing to be held by the Planning Commission. President
Welch said Council should be looking at the fact that this is coming in as a P.U.D. and Council would have
to change the overlying zoning of that property from an R-2 to a P.U.D. district. He said this ordinance
would be referred to Planning Commission.
ORDINANCE NO. 16 — 2003
The Clerk read Ordinance No. 16 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP
FOR CERTAIN CONTIGUOUS PARCELS
Goodwin said this ordinance deals with a location which is immediately adjacent to the old Ramada Inn
and is associated with another project and the rezoning of these parcels would be necessary for that project
to come about. President Welch said this ordinance would also be referred to the Planning Commission.
ORDINANCE NO. 17 — 2003
The Clerk read Ordinance No. 17 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE
SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE AREA 9 AGENCY
The Director of Roseview Transit, Terry Quinter, explained that this ordinance deals with Paratransit which
is separate from Roseview Transit but both are under the Transportation Department and it is the same
grant. However, this is a grant through Area 9 to offset the expenses for the senior citizens. She said the
seniors over 60 years of age that ride with the service, ride on a donation basis and that's what the $42,700
Common Council Minutes Cont'd
March 27, 2003
Page 4
is for to offset that cost so they can ride for free. She explained briefly the workings of the Paratransit
service and mentioned addition of the other bus which has a route at night, saying it has been a success.
Councilmember Sharp asked Quinter if the local match for the grant comes from the donations and she
answered in the affirmative.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 17 — 2003 to second
reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 17 — 2003 on second reading.
President Welch declared Ordinance No. 17 — 2003 on public hearing. There being no comments either for
or against the ordinance Councilmember Elstro moved for engrossment, second by Councilmember Hutton
and the motion was carried on a voice vote.
Councilmember Elstro moved to suspend the rules and advance Ordinance No. 17 — 2003 to third and final
reading and read by title only, second by Councilmember Parker and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 17 — 2003 on third reading.
Ordinance No. 17 — 2003 was adopted on a unanimous roll call vote.
ORDINANCES ON SECOND READING AND ENGROSSMENT
ORDINANCE NO.7 — 2003
The Clerk read Ordinance No. 7 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP
FOR A CERTAIN PARCEL FROM R-2 TO C-2
Councilmember Wissel reported that the Planning Commission conducted a public hearing on this
ordinance which is a request to rezone from an R-2 single family residential to a C-2 retail commercial. He
said the property is located at 3433 East Main Street which is the abandoned gas station in front of the
Walmart area. He said the Commission determined that the request was a natural extension of a C-2 zoning
and the surrounding property, voting unanimously to recommend passage.
President Welch declared Ordinance No. 7 — 2003 on public hearing. There being no comments either for
or against the ordinance Councilmember Elstro moved for engrossment, second by Councilmember Parker
and the motion was carried on a voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 7 — 2003 to third and final
reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 7 — 2003 on third reading.
Ordinance No. 7 — 2003 was adopted on a unanimous roll call vote.
ORDINANCE NO.8 — 2003
The Clerk read Ordinance No. 8 — 2003 — 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
President Welch said this ordinance deals with an abatement which was addressed earlier with the
discussion and vote on Resolution No. 3 —2003 and therefore should be stricken.
Councilmember Wissel moved to strike, second by Councilmember Sharp and the motion was carried on a
voice vote.
ORDINANCE NO. 10 — 2003
The Clerk read Ordinance No. 10 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP
FOR A CERTAIN PARCEL FROM C-2 TO C-4
Councilmember Wissel stated that the petitioner has requested that the application be withdrawn so he
moved that the ordinance be stricken, second by Councilmember Sharp and the motion was carried on a
voice vote.
Common Council Minutes Cont'd
March 17, 2003
Page 5
ORDINANCES ON THIRD READING
CALL FOR ADJOURNMENT
There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned
at 8:30 P.M.
ATTEST:
Norma Schroeder. Clerk
Bing Welch, President