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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