HomeMy Public PortalAbout05-19-2003PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND, INDIANA, MONDAY, MAY 19, 2003
The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, May
19, 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 RABE
ROLL CALL
Nine present.
APPROVAL OF MINUTES
Councilmember Parker moved to approve the minutes of May 5, 2003, second by Councilmember Sharp
and the motion was carried on a voice vote.
PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS
MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING)
The Clerk read RESOLUTION NO. 5 — 2003 — A RESOLUTION ALLOWING A LATE FILED
STATEMENT OF BENEFITS FORM FOR A TAX ABATEMENT FOR MACWAHOC ENTERPRISES,
LLC
Councilmember Wissel explained that this resolution was just received in last week's packet and in that
light said that this would be handled in the usual way by the Tax Abatement Committee which is using the
procedure of investigating the company requesting the late tiling request. He so moved, second by
Councilmember Elstro and the motion was carried on a voice vote.
The Clerk read RESOLUTION NO. 6 — 2003 — A RESOLUTION ALLOWING A LATE FILED
STATEMENT OF BENEFITS FORM FOR A TAX ABATEMENT FOR SILGAN CLOSURES LLC
Councilmember Wissel said he had been the one to look at company requesting this he reported that the
Tax Abatement Committee would be recommending approval but wanted to point out the differences in
this request and the well -publicized request that Council denied a month ago.
He proceeded to explain that this is a manufacturing operation competing with jobs within the Silgan
operation as well as international distribution of the product they make and this is 46 percent completed. He
said changes in the ownership and control of the local plant here and for that reason the committee
recommends that the request be altered to 8 years as opposed to 10 which would mean there would be a
penalty for late tiling.
George Quinlan, Plant Controller for Silgan, spoke in favor of the resolution. He explained all the changes
that had occurred which were the reasons the application was not completed in a timely manner.
Councilmember Rabe moved to approve the resolution, second by Councilmember Hutton and the motion
was carried on a voice vote.
COMMUNICATION FROM THE MAYOR
In the absence of Mayor Shelley Miller who was attending the Forum on Poverty at the Townsend
Community Center, City Attorney Bob Bever reminded the public of the upcoming improvement projects
which would have some impact on traffic. He said she would ask the public to be patient, adding that there
would be weekly press releases on any traffic impact as the projects progress to keep the local media up to
date on those.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
President Welch said the minutes of the meetings of April 24, 2003 were in the packets. Councilmember
Sharp had some questions about whether or not the improvements mentioned were located on North West
5' Street or South West 5' Street. Planning Director Bob Goodwin responded by saying that it is indeed
South West 5' Street.
REPORTS FROM DEPARTMENT HEADS
REPORTS FROM STANDING COMMITTEES
Common Council Minutes Cont'd
May 19, 2003
Page 2
REPORTS FROM SPECIAL COMMITTEES
REPORTS FROM ORGANIZATIONS
MISCELLANEOUS BUSINESS
President Welch said that last week he, along with Councilmembers Sharp and Dickman, as well as Mayor
Miller, went across the street to attend the Wayne County Council meeting at their invitation. He said it
was interesting that they were having a public hearing on tax abatements, one of the very few that they
have during the year. He said they enjoyed the visit and intend to reciprocate by inviting the County
Councilmembers to attend the City Council meeting, probably in June. He added that it is the intent to get
all of the Councils involved in a special meeting.
As has been his custom at the past two Council meetings, President Welch continued to remind
Councilmembers of the strategic themes used in the Visioning Community. This week's theme was: "The
People of Wayne County for envisioning, enjoyment and fun will have access to diverse, cultural and
recreational activities."
President Welch said he had two volunteers, Councilmembers Rabe and Parker, who said they would serve
on a committee to look over the 113 ordinances on the books to choose which should be kept on the books
and which should be stricken. He asked that both Councilmembers meet with the City Attorney and
Assistant City Attorney around the first of June to go through these ordinances.
President Welch announced that several members of Council would be attending the A.P.P.A. conference
the third week in June and would be unable to attend the regularly scheduled Council meeting, he would
suggest that meeting be rescheduled to the fourth Monday and be held on Monday, June 23.
ORDINANCES ON FIRST READING
Councilmember Elstro moved to suspend the rules and read Ordinances No. 39 and 40 — 2003 on first
reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice
vote.
ORDINANCE NO. 39 — 2003
The Clerk read Ordinance No. 39 — 2003 — A SPECIAL ORDINANCE CREATING A CONSERVATION
DISTRICT
City Attorney Bob Bever explained that he could start the discussion on this, recalling how and why the
historic preservation came about, explaining that it was decided to create two different types of districts — a
historic district that had more strict requirements and short of that a conservation district. He said that
before anything could become a historic district it had to go through the conservation district and in a two
or three year period could move on to be a historic district.
Charlie Ball, president of the Historic Preservation Commission, said this should be a simple procedure
because they have a property owner who has come to the Commission and requested this designation and
the Commission has agreed.
After comments made by President Welch and Councilmember Parker, Councilmember Dickman moved to
suspend the rules and move Ordinance No. 39 — 2003 to second reading and read by title only, second by
Councilmember Hutton and the motion was carried on a voice vote.
The Clerk read Ordinance No. 39 —2003 on second reading.
President Welch announced that Ordinance No. 39 — 2003 was on public hearing. There being no
comments either for or against the ordinance, Councilmember Hutton moved for engrossment, second by
Councilmember Lundy and the motion was carried on a voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 39 — 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. 39 — 2003 on third reading.
Ordinance No. 39 — 2003 was adopted on a unanimous roll call vote
Common Council Minutes Cont'd
May 19, 2003
Page 3
ORDINANCE NO.40 — 2003
The Clerk read Ordinance No. 40 — 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 said this ordinance deals with a request for a real estate abatement for 10-years
made by Macwahoc Enterprises, LLC which is a holding company for Belden. He said there would be an
addition of 5 new jobs and 4 jobs retained, adding that the estimated new value is $160,000.
President Welch said this ordinance, along with Resolution No. 5 — 2003, would be referred to the Tax
Abatement Committee and be returned to Council on June 2, 2003.
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
Councilmember Wissel reported that the Richmond Advisory Planning Commission conducted a public
hearing on the ordinance on May 12. He said this petition requests a special use for an R-3 multifamily
resident district for a Bed and Breakfast to be located at 2221 East Main Street. He added that notices were
served to several adjacent property owners and three comments were received in favor and none in
opposition. The petitioners, he said, are Chris and Jill Nelson who now operate the Bed and Breakfast at
21" and Main Street. He said the vote was 9-0 to recommend approval of the request to Council.
Speaking in favor of the ordinance was Mary Walker, director of the Wayne County Convention and
Tourism Bureau, who lauded the leadership and ownership of the Nelsons.
Also speaking in support of the ordinance was Barry Kraemer, a neighbor of the Philip W. Smith Bed and
Breakfast now owned by the Nelsons. He said he has not experienced any excessive traffic or partying or
noise or anything that would be detrimental to have a Bed and Breakfast a block or two from him.
Jill Nelson also spoke in favor of the ordinance and thanked the two people who spoke in favor of the
ordinance, adding that she and her husband feel that this is a great opportunity for revitalization of the
home which is in a neighborhood where they have lived for several years.
President Welch declared Ordinance No. 18 — 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 Lundy moved to suspend the rules and advance Ordinance No. 18 —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. 18 —2003 on third reading.
Ordinance No. 18 — 2003 was adopted on a unanimous roll call vote.
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
Councilmember Wissel announced that apublic hearing on this ordinance had also been conducted on May
12 and this petition requests a special use district in an R-3 multiple family resident district for an
administrative business office with no over the counter sales. He said it is located at 3225 East Main Street,
adding that notices were mailed to adjacent property owners with three comments received in favor of the
request and one opposed. The Planning Commission, he said, concluded that the request was consistent
with the neighborhood and the comprehensive plan and voted to recommend approval to Council with two
conditions. One of those, he said, was that a final review of the parking lot grade by the engineering
department be conducted and the second, since the owner did not have a proposed occupant for this
address, that it be used by an attorney, accountant, mortgage or title office.
President Welch declared Ordinance No. 27 —2003 on public hearing.
Dexter Melling, the owner of the property, said he would rather not have restrictions but leave it as an
administrative office with no retail sales over the counter.
Common Council Minutes Cont'd
May 19, 2003
Page 4
Councilmember Hutton asked why the restriction was to the four occupants named. Councilmember Wissel
said during the discussion, there was a concern about not having an occupant in mind.
Councilmember Parker asked why they had not included insurance and travel agent to occupy that location
since it is stated in the ordinance. Bever cited what was mentioned under the Indiana Code. Councilmember
Wissel said that the Planning staff had recommended three of those mentioned and after asking Melling if
there was a specific one he wanted included and he requested that mortgage be added.
Following comments by Councilmembers Dickman, Elstro, Sharp, Wissel, Lundy and Rabe, Melling
reiterated that he would rather not have any restrictions placed on this. Councilmember Wissel said that in
approving something as broad as a business administrative use and a chain of adult book stores wants to put
a business office in there next to it, he could see that parents of small children might have concerns about
that. President Welch also added his comments in favor of the ruling of the Commission, adding that
Council has to be careful as to what it allows to go into those locations on Bast Main.
Speaking in support of the ordinance was Jim Backmeyer, a local realtor, who commented that Melling had
put several thousands of dollars in the property in question and took it up to another level. He pointed out
that Melling is a banker and is extremely well respected.
Councilmember Wissel moved to amend the ordinance based upon the Commission's conditions which
include the parking lot proposal and the four suggested occupants, second by President Welch. In answer to
a question by Councilmember Sharp as to whether or not the suggestion of the occupancy of an insurance
agency or travel agency had been mentioned at the Commission meeting, Assistant Planning Director Scott
Zimmerman said that neither of those were discussed specifically. He added that before Planning Director
Bob Goodwin left on vacation they talked about the potential uses that would be the most appropriate for
the limited amount of parking spaces, essentially 8 spots, presented in the plan. After much discussion
among Councilmembers about the motion and the possibility of adding two other uses, President Welch
called for the vote on Councilmember Wissel's motion already on the floor. The vote was five in favor and
four against, with Councilmembers Elstro, Lundy, Sharp, Wissel and President Welch voting in favor and
Councilmembers Parker, Dickman, Rabe and Hutton voting against.
Councilmember Sharp moved to amend the amended ordinance to include insurance agent or travel agency,
second by Councilmember Parker and the motion was carried on a voice vote with one dissenting vote
coming from Councilmember Wissel.
There being no further comments either for or against the ordinance Councilmember Parker moved for
engrossment, second by Councilmember Elstro and the motion was carried on a voice vote.
Councilmember Parker moved to suspend the rules and advance Amended Ordinance No. 27 — 2003 to
third and final reading and read by title only, second by Councilmember Rabe and the motion was carried
on a voice vote.
The Clerk read Amended Ordinance No. 27 — 2003 on third reading.
Amended Ordinance No. 27 —2003 was adopted on a unanimous roll call vote.
ORDINANCE NO. 30 — 2003
The Clerk read Ordinance No. 35 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP
FOR A CERTAIN PARCEL FROM R-2 TO R-2 SPECIAL USE DISTRICT
Councilmember Wissel explained that a public hearing on the above ordinance was conducted on May 12,
2003 by the Richmond Advisory Planning Commission. He said the petition requested a special use in the
R-2 multifamily resident district for a First Call Home Health Care and Hospice located at 1631 Chester
Boulevard. He said notices had been sent to adjacent property owners with one comment received in favor
and one against. He said the Commission voted 9-0 to recommend the ordinance to Council.
Speaking in favor of the ordinance was Jim Backmeyer, who said the use of the property is consistent of
the property uses on Chester Boulevard and in answer to a question by Councilmember Parker said it is
strictly administrative.
President Welch declared Ordinance No. 30 — 2003 on public hearing. There being no comments either for
or against the ordinance Councilmember Lundy moved for engrossment, second by Councilmember Elstro
and the motion was carried on a voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 30 — 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. 30 — 2003 on third reading
Common Council Minutes Cont'd
May 19, 2003
Page 5
Ordinance No. 30 — 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
Councilmember Wissel explained that this ordinance deals with a tax abatement request made by Silgan
Closures, LLC which has several plants and has transferred jobs from two different states. He said their
wage is considerably higher than the average industrial wage that the committee bases things on and they
have a good health insurance benefit. He said he had toured the plant with George Quinlan and had gone
over the procedures on the late tiling which was heard earlier in the resolution .
Councilmember Wissel also said that a mistake had been found in the math on the ordinance and moved to
amend the estimated new value from $1,625,871 to $2,075,871, second by Councilmember Sharp and the
motion was carried on a voice vote. A second amendment was presented by Councilmember Wissel who
moved to amend the equipment request from 10 years to 8 years, second by Councilmember Parker.
Councilmember Rabe commented that it was his feeling that Council should waive the state guideline and
grant the full 10-year abatement, adding that he would be voting against the amendment. President Welch
stated that Silgan had had prior notice of the abatement and had their financial people and controller been
"on the ball" they would have filed the request for the tax abatement on time.
The amendment was adopted on an 8-1 voice vote with Councilmember Rabe voting against.
President Welch declared Amended Ordinance No. 35 — 2003 on public hearing. There being no comments
either for or against the ordinance Councilmember Parker moved for engrossment, second by
Councilmember Wissel and the motion was carried on a voice vote.
Councilmember Dickman moved to suspend the rules and advance Amended Ordinance No. 35 — 2003 to
third and final reading and read by title only, second by Councilmember Rabe and the motion was carried
on a voice vote.
The Clerk read Amended Ordinance No. 35 — 2003 on third reading.
Amended Ordinance No. 35 —2003 was adopted on a unanimous roll call vote
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
Explaining this ordinance was Councilmember Wissel who said it deals with real estate and is a request
made by Masterbrand Cabinets, Inc. saying they anticipate 8 new jobs and the retention of 364 and an
estimated increase of $550,400. He said the equipment is listed on a separate ordinance which is Ordinance
No. 37 — 2003 which is to follow this one.
Councilmember Welch said that in addition, the organization is going through an expansion on their floor
staff where they have just hired 10 additional people and will be hiring another 10 not related to this
expansion but they are a growing business. He said that in the last year they have gone from manufacturing
1,100 cabinets a day to 1,300 so they are in an economic surge right now. He said the Tax Abatement
Committee recommended that Council approve the request. He commented that the next ordinance deals
with a 10-year tax abatement request for new equipment and the request is for $738,000.
Speaking in favor of the ordinance was Clayton Shimmel, General Manager of Masterbrand Cabinets, LLC,
who said he had a point of clarification, commenting that the increase employment in the company's
customer service area in the first year would be an additional 8 and over the three-year period there would
be a total of 23.
Also speaking in favor of the ordinance was Dan Craston with the Economic Development of Wayne
County who stated that the company's customer service is an integral part of the manufacturing process so
it is more than just a normal customer service operation.
President Welch declared Ordinance No. 36 — 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.
Common Council Minutes Cont'd
May 19, 2003
Page 6
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 36 — 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. 36 — 2003 on third reading.
Ordinance No. 36 — 2003 was adopted on a unanimous roll call vote.
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
Councilmember Wissel explained that this ordinance deals with a request for $738,800 but on the last sheet
on the ordinance there are three items which include computers which are not abatable so by adjusting that
amount it would reduce it to $505,000. He moved to amend the ordinance to change that total to that
amount, second by Councilmember Dickman and the motion was carried on a voice vote. In double
checking, Councilmember Wissel found that there had been a mistake in his calculation and moved to
change the amendment from $505,000 to $675,000, second by Councilmember Dickman and the motion
was carried on a voice vote.
President Welch declared Amended Ordinance No. 37 — 2003 on public hearing. There being no comments
either for or against the ordinance Councilmember Parker moved for engrossment, second by
Councilmember Rabe and the motion was carried on a voice vote.
Councilmember Parker moved to suspend the rules and advance Amended Ordinance No. 37 — 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. 37 — 2003 on third reading.
Amended Ordinance No. 37 —2003 was adopted on a unanimous roll call vote
ORDINANCE NO. 38 — 2003
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
President Welch explained that this ordinance deals with a request made by Grigg Smith Industries LLC,
saying that there would be four retained jobs being brought to the City and estimated the new value of the
equipment is $209,000. He said this basic company has been a transferred company coming in from Akron,
Ohio. He said the Economic Development Corporation has been working with Dr. Smith, the principal
owner of the corporation, adding that he has been a local physician for about 15 years. President Welch
said this company was originally founded and established by Pfizer Pharmaceutical Company to develop
and manufacture a laminated plastic product that acts like an adhesive tape that holds the bags to the bodies
of individuals who have had colostomies. He said Dr. Smith bought the patent rights to this particular
product and bought the equipment and made the decision to relocate the company to Richmond.
President Welch said that the EDC assisted in the relocation of that equipment and through some contact
established a location for them to be an incubator company in the existing company in Richmond, adding
that that company is Primex Plastics. He said Dr. Smith and his corporation would be located in the
Woodruff Building in the eastern industrial park area and Primex would be furnishing the space for the
company to locate in as well as furnishing the labor consisting of up to 6 people on initial startup with the
Grigg Smith Industries, LLC paying a fee for each pound of extruded product that would be made by
Primex and its employees.
In his request Dr. Smith had included $20,000 in real estate improvements and President Welch said he told
him that since he does not own the real estate he could not ask for that abatement. However, Dr. Smith
explained that the $20,000 covers the putting in the electrical control boxes, junction boxes, conduit and
perhaps adding venting fans in the area where the extrusion would be taking place. With that explanation,
President Welch moved to amend the ordinance to add the $20,000 under equipment, changing the final
total to $229,000, second by Councilmember Parker and the motion was carried on a voice vote.
President Welch declared Amended Ordinance No. 38 — 2003 on public hearing. There being no comments
either for or against the ordinance Councilmember Sharp moved for engrossment, second by
Councilmember Dickman and the motion was carried on a voice vote.
Common Council Minutes Cont'd
May 19, 2003
Page 7
Councilmember Parker moved to suspend the rules and advance Amended Ordinance No. 38 — 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. 38 — 2003 on third reading.
Councilmember Wissel stated that his wife is the in-house counsel for Primex Plastics and asked Council
for its permission to allow him to abstain on the vote of Amended Ordinance No. 38 — 2003. On a
unanimous voice vote of Council the permission was allowed.
Amended Ordinance No. 38 — 2003 was adopted on an 8-1 roll call vote with Councilmember Wissel
abstaining.
ORDINANCES ON THIRD READING
None
CALL FOR ADJOURNMENT
There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned
at 9:30 P.M.
Bing Welch, President
ATTEST:
Norma Schroeder, Clerk