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HomeMy Public PortalAbout09-15-2003PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, SEPTEMBER 15, 2003 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, September 15, 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 COUNCILMEMBER PARKER ROLL CALL Nine present. APPROVAL OF MINUTES Councilmember Parker moved to approve the minutes of September 2, 2003, second by Councilmember Lundy and the motion was carried on a voice vote. PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING) A. RESOLUTION NO. 9 — 2003 — A PRELIMINARY RESOLUTION DESIGNATING CERTAIN AREAS AS RESIDENTIALLY DISTRESSED AREAS City Attorney Bob Bever explained that this resolution deals with residential tax abatements and a reduction in assessment because of rehabilitation or redevelopment. He said that by state statute you can have residential tax abatements but only if the Common Council adopts a resolution that creates these residentially distressed areas. All of the guidelines are spelled out in the resolution, Bever said. Each Councilmember has a copy of the resolution and the original is on file in the City Clerk's office. Bever pointed out that this is a preliminary resolution explaining that the state statute says that once Council approves the resolution it is followed by a public hearing with publicized notice where the public can come in. He added that at the public hearing Council can confirm, modify or rescind the resolution which is an automatic second step. President Welch said that in talking with other members of the Council tonight he feels that they would like to possibly refer this to a Committee of the Whole meeting. He said he feels they would also like to include in the discussion the upcoming Ordinance No. 67 —2003. Assistant Planning Director Scott Zimmerman outlined the borders, pointing out that the boundary is essentially on the north and west side. He said the west boundary is North West 5' Street coming down to Main Street, proceeding across the Gorge all the way to 9' Street and that follows south all the way down to Q Street. Continuing, he said that it proceeds east on Q and up to 16' Street, following back west on G Street and up again between 11' and 12, adding that it creates a small southern section. He said the northern section continues on Main Street all the way to 22"d Street to near Glen Miller Park and up to the river, following the river then below Spring Grove and reconnects on North West L Street to North West 5' Street. President Welch asked Councilmember Dickman to check some prospective dates for a Committee of the Whole meeting to discuss the resolution and Ordinance No. 67 — 2003 and to get back with Councilmembers so they can mark their calendars. COMMUNICATION FROM THE MAYOR Mayor Shelley Miller said the City had received the recommendations from the fact finding panel with the negotiations with AFSCME, adding that those findings have been submitted to both sides and they will be in conversation to see if an agreement can come about. If not, she said, those recommendations will come to Council at its next meeting. She also updated Councilmembers on the work going on with a computerized system which would track calls received from the public concerning property maintenance items, weeds and other issues. She said this will go directly into the City's website and she anticipates that will come about around the first of October. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the Board of Works meetings of August 21 and 28, 2003 were in the Council packets REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES Common Council Minutes Cont'd September 15, 2003 Page 2 REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Welch reminded Councilmembers to mark their calendars for Wednesday, September 24, at 6:30 p.m. for a special meeting to consider passage of the budget for 2004. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 67, 71, and 72 — 2003 by title only and 73 — 2003 in its entirety, second by Councilmember Sharp and the motion was carried on a voice vote. ORDINANCE NO. 67 — 2003 The Clerk read Ordinance No. 67 — 2003 — A GENERAL ORDINANCE ADDING A NEW SECTION 154.02.04 TO THE CITY OF RICHMOND CODE Explaining this ordinance was City Attorney Bob Bever saying that this ordinance will try to help in those areas where there are vacant lots, most of which have come about because of houses being torn down and which are governed by pre-existing codes, adding that this would help those wishing to build on these lots. He also agreed that this could accompany the resolution and be discussed at the Committee of the Whole. President Welch said that both the resolution and the ordinance would be referred to the Committee of the Whole where public hearing and discussion could be held. ORDINANCE NO. 71— 2003 The Clerk read Ordinance No. 71 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R-3 TO R-3 SPECIAL USE DISTRICT Explaining this ordinance was Zimmerman, saying that this ordinance would allow for a property to be used as a special use with a special sign and parking. President Welch said this ordinance would be referred to the Planning Commission for discussion and recommendation. ORDINANCE NO. 72 — 2003 The Clerk read Ordinance No. 72 — 2003 — AN AMENDED SPECIAL ORDINANCE PROVIDING FOR A PLANNED UNIT DEVELOPMENT LOCATED AT 2021 THROUGH 2307 CHESTER BOULEVARD Zimmerman said this ordinance deals with a request for an amendment concerning an addition to property for the Planned Unit Development. President Welch said this ordinance would also be referred to the Planning Commission. ORDINANCE NO. 73 — 2003 The Clerk read Ordinance 73 — 2003 — A SPECIAL ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION "WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose; and "WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following shall be accepted and gratefully acknowledged by the citizens of Richmond: "The donation of a bus from Scott Boys Club. The bus will be used by the Richmond Police Department for transporting youths to DARE camp and other similar activities." Speaking in support of the ordinance was Officer Rick Thalls of the Richmond Police Department who explained that with the growth this project has had, this bus is much needed. He expressed his appreciation to the Scott Boys Club for the donation. Police Chief Greg Pipes also expressed his appreciation and asked Councilmembers to adopt the ordinance. Common Council Minutes Cont'd September 15, 2003 Page 3 Councilmember Wissel moved to suspend the rules and advance Ordinance No. 73 — 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. 73 —2003 on second reading. President Welch declared the ordinance on public hearing. There being no further comments either for or against, 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. 73 — 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. 73 — 2003 on third reading. Ordinance No. 73 — 2003 was adopted on a unanimous roll call vote. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 41— 2003 The Clerk read Ordinance No. 41 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR PART OF A CERTAIN PARCEL FROM C-2 TO C-4 GENERAL BUSINESS DISTRICT Councilmember Wissel reported on the findings of the Planning Commission, saying that pubic hearing was held August 28', noting that this property is located at 4745 National Road East where the Tuffy Automotive Repair Shop is located. He said the reason for the request is so they can expand their muffler business and the rental of cars. He said the vote was 10 to 0 to recommend approval of the request. President Welch declared the amended ordinance on public hearing. There being no comments either for or against, 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. 41— 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. 41 —2003 on third reading. Ordinance No. 41 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 55 - 2003 The Clerk read Ordinance No. 55 — 2003 — A SPECIAL ORDINANCE PROVIDING FOR A PLANNED UNIT DEVELOPMENT TO BE USED FOR RESIDENTIAL PURPOSES Councilmember Wissel, explaining this ordinance, said it deals with a request for two residential structures located at the southwest corner at 18' and South A Street which is currently a vacant lot. He said the vote was 10 to 0 to recommend approval of the request. President Welch declared the ordinance on public hearing. Attorney George Sowers, speaking on behalf of the owners H & R Investments, explained that the buildings would be dedicated as condominiums with deeds for each unit with common use of the area with a homeowners association. He brought with him an artist's rendition of what the rear view of the development would look like, saying that this is relevant because this would actually front on South A Street, There being no comments either for or against, 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. 55 — 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. 55 —2003 on third reading. Ordinance No. 55 — 2003 was adopted on a unanimous roll call vote Common Council Minutes Cont'd September 15, 2003 Page 4 ORDINANCE NO. 56 — 2003 The Clerk read Ordinance No. 56 — 2003 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R-2 TO A SPECIAL USE ACCESSORY PARKING AREA Councilmember Wissel reported on the Planning Commission action at its public hearing on August 28 for the ordinance dealing with a request made by the Mills Funeral Home for the property located at 115 South West 8' Street. He said the request is for a parking lot at that location which would reduce congestion from excessive curb parking and also provide plans for drainage and landscaping. He added that the Planning staff recommended approval of the request 10 to 0 on the condition that the City Engineer approves a water runoff. Attorney Tom Milligan, representing the Mills Funeral Home, said that Ernie and Betty Mills acquired this property 20 years ago and have been operating their funeral home at the corner of South West 8' and National Road West for approximately 30 years. He said the parking situation on South West 8' Street has become increasingly congested and the location is needed for more parking. He added that a drainage plan has been presented in line with the recommendation and is in the process of being approved by the City Engineer. He said drainage will be on to South West 8' Street. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 56 — 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. 56 — 2003 on third reading. Ordinance No. 56 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 58 — 2003 The Clerk read Ordinance No. 58 — 2003 — AN APPROPRIATION ORDINANCE KNOWN AS THE 2004 SALARY ORDINANCE President Welch declared the ordinance on public hearing. City Controller Ann Cottongim explained that this is the salary ordinance that will need to be adopted for the 2004 salaries and shows a one and ahalfpercent increase for all employees across the board. There being no further comments either for or against, Councilmember Hutton moved for engrossment, second by Councilmember Rabe and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 58 — 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. 58 —2003 on third reading. Ordinance No. 58 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 59 — 2003 The Clerk read Ordinance No. 59 — 2003 — AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 2004 President Welch declared the amended ordinance on public hearing. Cottongim explained that the same rules apply for this as the salary ordinance and she asked Council to advance this ordinance to third reading and not pass it tonight due to the timing requirements for the advertising date. She said this could be adopted at the special budget meeting on September 24, 2003. There being no comments either for or against, Councilmember Wissel moved for engrossment, second by Councilmember Parker and the motion was carried on a voice vote. Ordinance No. 59 was held and will appear on third reading at the special budget meeting September 24 Common Council Minutes Cont'd September 15, 2003 Page 5 7] N 111►k111201 [��11IIdIZIR; The Clerk read Ordinance No. 60 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING A REDUCTION IN APPROPRIATIONS FROM CERTAIN FUNDS Cottongim accepted compliments from Councilmembers for her work in getting together the information about what reductions were made and necessary. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 60 — 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. 60 — 2003 on third reading. Ordinance No. 60 — 2003 was adopted on a unanimous roll call vote. AMENDED ORDINANCE NO. 65 — 2003 The Clerk read Amended Ordinance No. 65 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING PAYMENT FOR SERVICES FROM THE RICHMOND SANITARY DISTRICT, RICHMOND POWER & LIGHT, MOTOR VEHICLE HIGHWAY, AND PARKS AND RECREATION DEPARTMENT FUNDS TO THE GENERAL FUND IN 2004 President Welch declared the amended ordinance on public hearing. There being no comments either for or against, Councilmember Hutton 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. 65 — 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. 65 — 2003 on third reading. Amended Ordinance No. 65 —2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 66-2003 The Clerk read Ordinance No. 66 — 2003 — AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2004 BUDGET President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Hutton moved for engrossment, second by Councilmember Rabe and the motion was carried on a voice vote. President Welch said this ordinance will be brought back to the special meeting scheduled for September 24, 2003. ORDINANCE NO.68 — 2003 The Clerk read Ordinance No. 68 — 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 since this ordinance and the next deals with requests made by CIE Realty LLC which owns the new building that they are requesting the abatement on and the other ordinance to follow is Contractual Industrial Tooling. He said the real estate operation is for the construction of a new 100 square foot building in the amount of $3,900,000 and is for the retention of 82 jobs and also for an additional 20 jobs. He said the same figures are also given for the equipment abatement request dealt with in Ordinance No. 69 —2003. He said they are requesting a 10-year abatement on equipment for $400,000. Councilmember Wissel shared a brochure provided by the company describing some of the things added as it has grown. He recommended approval of both ordinances. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Rabe and the motion was carried on a voice vote. Common Council Minutes Cont'd September 15, 2003 Page 6 Councilmember Wissel moved to suspend the rules and advance Ordinance No. 68 — 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. 68 — 2003 on third reading. Ordinance No. 68 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 69 — 2003 The Clerk read Ordinance No. 69 — 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 declared the ordinance on public hearing and asked Councilmembers if they needed any additional information other than what Councilmember Wissel had provided during the discussion of Ordinance No. 68 - 2003. There being no comments either for or against, 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. 69 — 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. 69 — 2003 on third reading. Ordinance No. 69 — 2003 was adopted on a unanimous roll call vote. UNFINISHED BUSINESS CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 8:45 P.M. ATTEST: Norma Schroeder. Clerk Bing Welch, President