HomeMy Public PortalAbout07-07-2003PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND, INDIANA, MONDAY, JULY 7, 2003
The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, July
7, 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,
Stephen H. Rabe, Phil Dickman and Sarah "Sally" Hutton. The following business was conducted:
PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILMEMBER WELCH
ROLL CALL
Nine present.
APPROVAL OF MINUTES
Councilmember Parker moved to approve the minutes of June 23, 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)
A. AMENDED RESOLUTION NO.7 — 2003 — SLUM AND BLIGHT DECLARATORY
RESOLUTION
City Attorney Bob Bever explained that he had added another "Whereas" phrase so that
Council knew that this is just being necessary in order to apply for certain federal and/or state
grants applications. He said he had clarified in the body of the resolution that this area be
designated as a slum and blighted area as that term is defined although the process of such
article and chapter are not being utilized. Councilmember Lundy moved to amend the
resolution, second by Councilmember Elstro and the motion was carried on a voice vote.
COMMUNICATION FROM THE MAYOR
Mayor Shelley Miller said the first three ordinances on the agenda are regarding the airport and this is a
project that would be funded by a federal grant and they are going to do all of the project in 2004. She said
bearing that in mind, the Aviation Board has requested that those ordinances be stricken from tonight's
agenda and they will be presented next year as a part of the entire project. She said the fourth ordinance
deals with an issue under consideration by the Revolving Loan Fund Board and asked that it, too, be
stricken from the agenda tonight.
Mayor Miller also expressed her appreciation for the extra hours worked by many City employees, not only
because of the added rainfall amounts but because of the postponement of the fireworks from Friday to
Saturday to Sunday night which finally saw the fireworks being held at Glen Miller Park
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
Minutes of the Board of Works meeting of June 12, 2003 were in the Council packets.
REPORTS FROM DEPARTMENT HEADS
REPORTS FROM STANDING COMMITTEES
REPORTS FROM SPECIAL COMMITTEES
REPORTS FROM ORGANIZATIONS
MISCELLANEOUS BUSINESS
Councilmember Wissel moved to strike Ordinances No. 44, 50, 51 and 52 — 2003, second by
Councilmember Sharp and the motion was carried by a voice vote.
President Welch continued to read from the strategic statements and themes from the Wayne County
Visioning Committee as follows: "Wayne County's economic environment will support a diverse and
sustainable economy that encourages innovation and risk taking."
ORDINANCES ON FIRST READING
There were no ordinances on first reading
Common Council Minutes Cont'd
July 7, 2003
Page 2
ORDINANCES ON SECOND READING AND ENGROSSMENT
ORDINANCE NO. 29 — 2003
The Clerk read Ordinance No. 29 — 2003 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY
Councilmember Wissel reported on the public hearing held by the Richmond Advisory Planning
Commission, saying that the petition requests vacation of South 15' Street south of South U. He said the
street was platted, but was never built or accepted by the City. He said the vote was 8 in favor and 2
opposed to vacating the street.
William Grimes of 1501 South U Street stepped forward saying that he is the property owner who
petitioned to have this vacated, adding that he owns the property on the east and west side of the street. He
said he has maintained this for more than 30 years and he is now asking that it be vacated.
President Welch declared Ordinance No. 29 —2003 on public hearing.
Councilmember Hutton asked about the person who spoke in opposition and Councilmember Wissel
responded that it was an individual named Pope who is one of the property owners located just south of the
street.
There being no other 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 Elstro moved to suspend the rules and advance Ordinance No. 29 — 2003 to third and final
reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 29 — 2003 on third reading.
Ordinance No. 29 — 2003 was adopted on a unanimous roll call vote.
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
President Welch said this ordinance deals with Macwahoc Industries which is anticipating relocating on
North West N Street. He said the question was raised at the last meeting that the numbers did not jive on
the projected salaries for the new employees vs. the hourly wage that was placed on the SB 1-A form. He
said he talked with Brian Belbin, president of the company, who said the average hourly wage will come
out to be $21.50 per hour and using that number the amount on the SB 1-A form would balance out.
President Welch declared Ordinance No. 40 —2003 on public hearing.
Councilmember Lundy moved to amend the ordinance to read $21.50 instead of $25, second by
Councilmember Rabe and the motion was carried on a voice vote.
There being no other 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 Amended Ordinance No. 40 — 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. 40 — 2003 on third reading.
Amended Ordinance No. 40 —2003 was adopted on a unanimous roll call vote.
ORDINANCE NO. 43 — 2003
The Clerk read Ordinance No. 43 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP
FOR A CERTAIN PARCEL FROM M-2 TO C-4 GENERAL BUSINESS DISTRICT
Councilmember Wissel explained that the Richmond Advisory Plan Commission conducted a public
hearing on Ordinance No. 43 — 2003, saying that the petition requests a rezoning from an M-2 general
industrial district to a C-4 general business district. He said this is the area between the Danbury Cinema's
parking lot and Commerce Drive.
Common Council Minutes Cont'd
July 7, 2003
Page 3
Councilmember Wissel reported that the planning staff had opposed the recommendation because they
want to see the entire area rezoned to a C-4, adding that re -zoning these parcels could constitute spot
zoning and the preferable approach was to rezone the entire area in a comprehensive manner. He said
planning department suggested that the developer contact all the property owners in the area and request
that they all ask for a zoning change but the developer opposed this because of his concerns that he would
be picking up a liability exposure. He said the developer felt it was the Planning Department's
responsibility to handle this. However, the Planning Departments response was that they did not have the
personnel to do the development work for the individual developers.
Continuing, Councilmember Wissel said that the Planning Commission determined that the request was
sufficiently justifiable to create a commercial district in the middle of an M-2 district and voted 9 in favor
and 1 opposed against the rezoning.
President Welch declared Ordinance No. 43 —2003 on public hearing.
Stepping forward to speak in support of the ordinance was James Backmeyer, representative of the
petitioner, who spoke at length on the issue, explaining the exhibits that he had handed out to
Councilmembers. He spoke of his liability concerns, noting that the entire area consists of 23 property
owners on Elmhurst Drive that he would have to pursue to try to prove to them that he is doing the right
thing for them. He said a hotel is interested in the area as well as a franchise which he does not want to
reveal at this time, adding that there would be approximately 35 to 50 employees at the hotel and the
restaurant is a well-known steakhouse. He said the only disagreement here is how this will be done.
There being no other comments either for or against the ordinance, Councilmember Hutton moved for
engrossment, second by Councilmember Elstro and the motion was carried on a voice vote.
Councilmember Hutton moved to suspend the rules and advance Ordinance No. 43 — 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 Ordinance No. 43 —2003 on third reading.
Councilmember Rabe commented that here is a developer who will bring additional employment and add
to the tax base and he feels it would be unforgivable for the City to hold up that development for another
year. He added that he would support going forward and approving the petition and rezoning to
accommodate the developer.
President Welch said the original zoning for that district was put there when the gravel pits were still in
operation which required an M-2 zoning but since that mining operation has ceased he feels there is no
reason to maintain that area under an M-2. He added that it only makes sense to rezone that entire area.
City Attorney Bob Bever said that in talking it over, it was agreed that this would not be an extraordinary
request and it is just a matter of timing.
Ordinance No. 43 — 2003 was adopted on a unanimous roll call vote.
ORDINANCE NO. 45 — 2003
The Clerk read Ordinance No. 45 — 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 Sharp said he met with Debbie Glisson, who is the property manager of All Coast
Logistics and Warehousing Inc., which owns the complex known to some citizens as Avco. He said All
Coast leases space in the two huge buildings to as many as seven or more businesses for production and
warehousing. He said this request for a tax abatement is for renovation and adding dock doors and dollie
pads and other necessary needs for a current warehousing customer who plans to increase needed space
from approximately 35,000 to 150,000 square feet. He recommended approval.
President Welch declared Ordinance No. 45 —2003 on public hearing.
There being no other comments either for or against the ordinance, Councilmember Wissel 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. 45 — 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. 45 —2003 on third reading
Common Council Minutes Cont'd
July 7, 2003
Page 4
Councilmember Parker questioned the average hourly wages as stated on the ordinance. He suggested that
it should be made clearer as to the amount of employees and the salaries, separating the hourly from the
salaried. It was decided to add another question to be answered on the SB 1-A form submitted by the
person requesting the tax abatement.
Ordinance No. 45 — 2003 was adopted on a unanimous roll call vote.
ORDINANCE NO. 47 — 2003
The Clerk read Ordinance No. 47 — 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 a tax abatement by Paul W.
Lingle, Trustee, for property located at 651-659 South A Street and 108 South 7' Street. He said this is for
a $125,000 addition to that property. He said this comes under the Economic Development Target area for
the "uptown" abatement program which does include professional office areas. He said this will be done to
accommodate the growth of A.G. Edwards for their expansion, adding that they will be bringing in three
new brokers and an additional clerical person. He explained how the salaries were stated on the SB 1-A
form. He said it is a request for a five-year abatement and he recommended approval.
President Welch declared Ordinance No. 47 —2003 on public hearing.
There being no other comments either for or against the ordinance, Councilmember Parker moved for
engrossment, second by Councilmember Sharp and the motion was carried on a voice vote.
Councilmember Wissel moved to suspend the rules and advance Ordinance No. 47 — 2003 to third and final
reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice
vote.
The Clerk read Ordinance No. 47 — 2003 on third reading.
Ordinance No. 47 — 2003 was adopted on a unanimous roll call vote.
ORDINANCE NO.48 — 2003
The Clerk read Ordinance No. 48 — 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 Elstro said when he called to inquire further about this ordinance he was told the plant was
closed so this ordinance will be on Council's agenda at its next meeting.
ORDINANCES ON THIRD READING
None
UNFINISHED BUSINESS
Alluding to Ordinance No. 23 — 2003 which is on hold, President Welch said the committee had met and
discussed the long list of existing code violations and a report is upcoming which will include the
committee's recommendations.
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