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HomeMy Public PortalAbout05-05-2003PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, MAY 5, 2003 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, May 5, 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 President Welch recognized Emanuel Green and Derek Metzger, both Eagle Scouts, who led the audience in the Pledge of Allegiance followed by a reading, entitled "I Am an American." ROLL CALL Nine present. APPROVAL OF MINUTES Councilmember Sharp pointed out that a correction should be made on page 2 under Ordinance No. 19 — 2003, noting that instead of President Sharp it should have said President Welch. He moved to make that correction, second by Councilmember Parker and the motion was carried on a voice vote. PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING) There were none. COMMUNICATION FROM THE MAYOR The Mayor had no comments. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Welch said the minutes of the meetings of April 10 and 17, 2003 were in the packets. REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Welch noted that several students in the government class at Richmond High School were present in the audience and asked them to step forward and introduce themselves. Continuing what he started last week of reading strategic themes from the Visioning Committee for Wayne County, President Welch read the second theme as follows: "The people of Wayne County will respect, value and celebrate the richness of the differences among us and actively work to build a unified community." He explained that this is one ofthe seven themes. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 30, 31, 32, 33, 34, 35, 36, 37, and 38 — 2003 on first reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. ORDINANCE NO. 30 — 2003 The Clerk read Ordinance No. 30 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R-2 TO R-2 SPECIAL USE DISTRICT President Welch said this ordinance would be referred to the Planning Commission Common Council Minutes Cont'd May 5, 2003 Page 2 ORDINANCE NO. 31— 2003 The Clerk read Ordinance No. 31 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE Explaining this ordinance was Tony Foster of the Community Development office who said the Richmond Police Department is requesting $12,061 from the U.S. Department of Justice Bulletproof Vest Program. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 31 — 2003 to second reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 31 —2003 on second reading. President Welch declared Ordinance No. 31 — 2003 on public hearing. There being no comments either for or against the ordinance Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 31— 2003 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 31 —2003 on third reading. Ordinance No. 31 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 32 — 2003 The Clerk read Ordinance No. 32 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE WALLACE CRIPPLED CHILDREN'S FOUNDATION Explaining this ordinance was Foster again who said the Parks and Recreation Department is requesting $25,000 to update the Super Park at Middlefork Reservoir. He said the park is the City's first accessible park for children with disabilities and was originally created out of a Leadership Wayne County project in 1991. He said these funds are needed to make repairs and items replaced. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 32 — 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. 32 —2003 on second reading. President Welch declared Ordinance No. 32 — 2003 on public hearing. There being no comments either for or against the ordinance Councilmember Elstro moved for engrossment, second by Councilmember Lundy and the motion was carried on a voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 32 — 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. 32 — 2003 on third reading. Ordinance No. 32 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 33 — 2003 The Clerk read Ordinance No. 33 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE TARGET CORPORATION Explaining this ordinance was Foster, again, who said the Parks and Recreation Department is requesting $5,000 for the JUKO program, a six -week summer program for children. He reported that a total of 490 children participated in this program last year which was completely free. He added that the ordinance following this one, Ordinance No. 34 —2003, is also for the JUKO program. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 33 — 2003 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. Common Council Minutes Cont'd May 5, 2003 Page 3 The Clerk read Ordinance No. 33 —2003 on second reading President Welch declared Ordinance No. 33 — 2003 on public hearing. There being no comments either for or against the ordinance Councilmember Parker moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 33 — 2003 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 33 —2003 on third reading. Ordinance No. 33 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 34 — 2003 The Clerk read Ordinance No. 34 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE ANDERSON FAMILY FOUNDATION Foster said that as a result of a $2,000 check from Joanna Trueblood the funding for this program is already in hand and will definitely help the JUKO program in a timely fashion. Councilmember Parker moved to suspend the rules and advance Ordinance No. 34 — 2003 to second reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 34 — 2003 on second reading. President Welch declared Ordinance No. 34 — 2003 on public hearing. There being no comments either for or against the ordinance Councilmember Elstro moved for engrossment, second by Councilmember Wissel and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 34 — 2003 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 34 — 2003 on third reading. Ordinance No. 34 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO.35 — 2003 The Clerk read Ordinance No. 35 — 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 Explaining this ordinance was Councilmember Wissel who said the ordinance deals with a request made by Silgan Closures, LLC for a 10-year tax abatement on equipment with an estimated new value of $1,625,871.00. He said it will create 20 new jobs and retain 187 and the Tax Abatement Committee will look this over and make its report at the next Council meeting. ORDINANCE NO.36 — 2003 The Clerk read Ordinance No. 36 — 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 Councilmember Wissel explained that this ordinance deals with a request made by Masterbrand Cabinets, Inc. for a 10-year tax abatement on real estate attracting 8 new jobs and retaining 364. He added that the estimated new value is $550,400.00. President Welch said this ordinance would be referred to the Tax Abatement Committee and be brought back to Council at its next meeting. ORDINANCE NO.37 — 2003 The Clerk read Ordinance No. 37 — 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 Common Council Minutes Cont'd May 5, 2003 Page 4 Explaining this ordinance was Councilmember Wissel who said it deals with a request made by Masterbrand Cabinets, Inc. for a 10-year tax abatement on equipment with an estimated new value of $738,800.00. In answer to a question asked by Councilmember Lundy as to the reason for two ordinances for this one company, Foster explained that when working with the County on these tax abatements he said it makes it easier if the real estate abatements are separate from the equipment abatements. He said this will be done in the future to make the procedure more efficient. President Welch said this ordinance would be referred to the Tax Abatement Committee and be brought back to the next Council meeting. 7] N 111►k,11201 The Clerk read Ordinance No. 38 — 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 Councilmember Wissel explained that this is a request made by Grigg Smith Industries, LLC for a 10-year tax abatement on equipment with an estimated new value of $209,000.00. Following a comment by Councilmember Dickman, Foster explained that this is a relocation and four jobs will be created in the City. President Welch said this ordinance would also be referred to the Tax Abatement Committee and be brought back to Council at its next meeting. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 18 — 2003 The Clerk read Ordinance No. 18 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R-3 TO AN R-3 SPECIAL USE DISTRICT Bob Goodwin, director of Planning, asked that this ordinance be directed to the Planning Commission. Councilmember Rabe expressed his appreciation to Goodwin and his department for their efforts in rescheduling the times on this ordinance to get faster action. President Welch said the ordinance would be referred to the Planning Commission and come back next month on second reading. 7] N 111►k,11201 The Clerk read Ordinance No. 22 — 2003 — A GENERAL ORDINANCE AMENDING SECTION 93.08 OF THE CITY OF RICHMOND CODE REGARDING OPEN BURNING OF REFUSE City Attorney Bob Bever read a statement made by Bobby Farris, Deputy Chief of Fire Prevention: As the open burning ordinance reads it does not allow open burning of any type. We would like the ordinance to allow for the authority having jurisdiction, i.e. the Fire Chief or his designee, to say yea or nay to open burning. The way the ordinance describes open burning is "any fire product of combustion that is emitted directly into the atmosphere." This could include recreational fires such as bonfires, Scout celebrations and could also include fires for the purpose of cooking. This time of year we also receive lots of calls from people wanting to burn small amounts of debris, i.e. brush, limbs, etc. This would allow for us to visit the site and advise the resident that they do or do not have permission to burn the debris. We could only grant permission to burn if weather conditions were favorable, if the fire was constantly attended and if the person requesting permission had some type of extinguishing method available." Bever pointed out that this ordinance changes the reading from having to have approval from the State to "or has received written approval from the Richmond Fire Department prior to disposing of the refuse." Councilmember Hutton asked Bever if he had checked on whether or not this applied to the two-mile fringe and he said this would only include those in the City limits. Councilmember Dickman suggested that possibly the wording needs to be more specific, perhaps naming the Fire Chief rather than just the department. Bever said that would be fine to say "has received approval from the Chief of the Richmond Fire Department or his specific designee." Councilmember Dickman moved to amend the ordinance making the designation as Bever had suggested in the preceding statement, second by Councilmember Rabe and the motion was carried on a voice vote. Councilmember Parker asked Bever for some clarification on the word "campfire." Bever said he feels that since this ordinance deals with the disposal of open refuse that the intent of the fire is for disposing of refuse rather than for roasting marshmallows. He said he is sure there are going to be some gray areas in this ordinance to contend with and suggested that those people having questions about the validity of the fire should direct them to the Fire Chief. President Welch declared Amended Ordinance No. 22 — 2003 on public hearing. There being no comments either in favor or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Parker and the motion was carried on a voice vote. Common Council Minutes Cont'd May 5, 2003 Page 5 Councilmember Wissel moved to suspend the rules and advance Amended Ordinance No. 22 — 2003 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 22 — 2003 on third reading. Amended Ordinance No. 22 —2003 was adopted on a unanimous roll call vote. ORDINANCE NO.23 — 2003 The Clerk read Ordinance No. 23 — 2003 — A GENERAL ORDINANCE AMENDING SECTION 10.99 OF THE RICHMOND CODE Bever distributed some information to the Councilmembers explaining that this ordinance changes the general penalty provision on violations on local code from $50 to $100. He explained that in looking at just how many items in that local code that the general penalty applies to, Assistant City Attorney Joel Harvey found a total of 113. With that statement, Bever proceeded to read his selection of "the top 10 ordinance violations" that need to be reviewed: "Throwing a snowball at a person on a public right of way; Unauthorized writing on a railroad car; Conducting a jewelry auction in a manner not conforming with city code; Constructing a gate that swings over the sidewalk; Conducting an unauthorized "organized picnic" with a City park; Using a kite in an unauthorized place within a City park; Possessing live swine within the City; Entering the terminal building at the airport with a dog; and Propelling a pushcart or riding an animal in a manner not conforming with the provisions of the City Traffic Code. (The entire list of 113 are on file in the Clerk's department). Bever said that many of the 113 violations are serious enough to justify going from the $50 charge to $100, but suggested that others such as the ones he has mentioned possibly need to be reviewed. He said that if a two- or three -person committee would sit down with the Law Department and possibly the inspectors, and go over these violations, they could do a good job in bringing those codes up to date. Bever said that for most of the people who are in violation of these codes it is a challenge for them to come up with $50 let alone $100 or any other fines and he does work with them in every way possible and he feels they have tried to be a deterrent to as much unlawful activity that they can. President Welch said he would put together a committee of two or three after the meeting tonight and hold this ordinance on second reading and wait for recommendations of that committee to bring it back on second reading. ORDINANCE NO.27 — 2003 The Clerk read Ordinance No. 27 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R-3 TO AN R-3 SPECIAL USE DISTRICT Goodwin explained that this is the second ordinance that should go back to the Planning Commission and President Welch said it would come back to Council after it has been acted upon. ORDINANCE NO. 28 — 2003 The Clerk read Ordinance No. 28 — 2003 — A GENERAL ORDINANCE ADDING A NEW SECTION 154.21.01.04 TO THE CITY OF RICHMOND CODE Councilmember Wissel reported on the public hearing conducted by the Richmond Advisory Planning Commission on this ordinance which would amend the City Code to allow administrative business offices and professional offices as a special use within an R-2 single family resident district. He said the vote was 7-0 to recommend approval and nobody spoke against the ordinance. President Welch declared the ordinance on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Sharp and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 28 — 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. 28 —2003 on third reading. Ordinance No. 28 — 2003 was adopted on a unanimous roll call vote Common Council Minutes Cont'd May 5, 2003 Page 6 President Welch commended Goodwin and the Law Department for making this move because the petitioner had asked to change the zoning to an R-3 which moves it to a multi -family and short changes the area, but in allowing this special use as an administrative office if they move out or if the business goes out of business the zoning goes right back to the R-2 zoning and the R-2 residential district is maintained. Councilmember Wissel added that this does not mention any specific location but merely changes the code to allow the administrative office. ORDINANCES ON THIRD READING None UNFINISHED BUSINESS Kenneth Paust, President of the Wayne County Council, invited Councilmembers to the Vision Committee meeting at 8 a.m. Wednesday in the County Administration Building. He said that he felt much could be accomplished if all the Presidents of the Councils of each and every town get together and discuss issues to arrive at a consensus on how to deal with them. He also suggested that the City Council and the County Council get together on a regular basis and set a date to invite each other to meetings to gather a better understanding of each group and the issues they face. Councilmember Elstro asked for a clarification of the ordinances that were to go to Planning from this meeting, naming Ordinances No. 18, 27 and 30. Bever said that was correct. 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