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HomeMy Public PortalAbout03-20-2006PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, MARCH 20, 2006 The Common Council of the City of Richmond, Indiana met in regular session Monday, March 20, 2006, in the Council Chambers in said City. President Sharp presided and the following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY PASTOR JIM SPOHN OF THE FIRST BAPTIST CHURCH ROLL CALL Councilors present were Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Karl Sharp, Bing Welch, Larry Parker, Al Glover, Gil Klose and Diana Pappin. APPROVAL OF MINUTES Councilor Welch moved to approve the minutes of the meeting of March 6, 2006, with a second by Councilor Lundy. The motion carried with a unanimous voice vote. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS PROCLAMATION — Mayor Hutton proclaimed March as American Disabilities Month. RESOLUTION 2 -2006 — A RESOLUTION TO ADOPT A FISCAL PLAN (Annexation at South 37t1 Street and Hodgin Road) The Clerk read Resolution 2 -2006 by title only. This Resolution is based upon the petition to annex into the City of Richmond, the property south of Hodgin Road at South 37th Street. The developer of the property was requested by Common Council to annex into the City as part of their approval for a Residential Planned Unit Development rezoning (Ordinance No. 69 -2005) to allow development of a nursing home and assisted living community at this location. Councilor Elstro moved to adopt Resolution No. 2 -2006 with a second by Councilor Wissel. The motion carried with a unanimous voice vote. COMMUNICATION FROM THE MAYOR • Mayor Hutton and Roger Smith, Facilities Manager for Richmond Community Schools, reported there will be a feasibility study completed to determine if housing RCS and City buses at the Roseview Transit facility. • The Master Plan is close to being ready for public review. The first meeting on April 19 will be a joint meeting of the Plan Commission and Common Council. The meeting will be held at the First Lutheran Church at 7 PM. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the February 23, March 2 and 9, 2006 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS None REPORTS FROM STANDING COMMITTEES None Common Council Minutes March 20, 2006 Page 2 of 8 REPORTS FROM SPECIAL COMMITTEES None REPORTS FROM ORGANIZATIONS None MISCELLANEOUS BUSINESS The following are Richmond High School government students who were in attendance: Lindsey Jamison, Kirk Gigliotti, Tyler Groff, Ryan Huth, Robert Holman, Megan Brehm, Johnathan Lautzenheiser, Bree Peacock, Peggy Camden, Evan Blum, Katie Jenkins, Jonathan Blevins, Adam Jackson, Brittany Dixon, Kyndel Austin, Dustin Harman, Robin Nicholson, Eric Goldbach, Kalyn Brown, Ben Miner, Alex Evrett, Ryan Fliehman, Jerail Poole, Courtney Cappa and Walter Favre. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 20, 22, 23, 24, 25, 26, 27, 28, 29 and 30 -2006 on first reading by title only with a second by Councilor Lundy. The motion carried with a unanimous voice vote. ORDINANCE NO. 20 -2006 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R -2 TO AN R -2 SPECIAL USE DISTRICT (1605 Chester Boulevard) The Clerk read Ordinance No. 20 -2006 on first reading by title only. This ordinance is a petition to rezone to the Special Use District in an R -2 Single Family Residence District to allow the owner to operate an insurance office at 1605 Chester Boulevard. Ordinance No. 20 -2006 was referred to the Plan Commission for pubic hearing at its monthly meeting on Thursday, March 23, 2006. ORDINANCE NO. 22 -2006 — AN APPROPRIATION ORDINANCE AMENDING THE 2006 BUDGET (Police Pension Fund) The Clerk read Ordinance No. 22 -2006 on first reading by title only. This ordinance would transfer money from one major budget classification to another within the Police Pension fund. Councilor Wissel moved to advance Ordinance No. 22 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Welch. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 22 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 22 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Elstro moved for engrossment of Ordinance No. 22 -2006 with a second by Councilor Pappin. The motion carried with a unanimous voice vote. Councilor Lundy moved to advance Ordinance No. 22 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Elstro. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 22 -2006 on third reading by title only Ordinance No. 22 -2006 was adopted with a 9 -0 roll call vote. Common Council Minutes March 20, 2006 Page 3 of 8 ORDINANCE NO. 23 -2006 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM The Clerk read Ordinance No. 23 -2006 on first reading by title only. This ordinance would authorize the City of Richmond Fire Department to submit a grant application to obtain funds that would be used to procure six emergency facility generators, a 12 -foot rescue boat and twelve 800 -MHz portable radios and twelve 800 -MHZ mobile radios. The City of Richmond would also be authorized to accept grant funding in an amount up to Two Hundred Forty Seven Thousand Five Hundred Dollars and Zero cents ($247,500.00). A ten percent (10 %) match is required and will be provided by the Cumulative Capital Development Fund. Councilor Wissel moved to advance Ordinance No. 23 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 23 -2006 on second reading by title only Council President Sharp declared Ordinance No. 23 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Elstro moved for engrossment of Ordinance No. 23 -2006 with a second by Councilor Welch. The motion carried with a unanimous voice vote. Councilor Lundy moved to advance Ordinance No. 23 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Elstro. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 23 -2006 on third reading by title only. Ordinance No. 23 -2006 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 24 -2006 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE WAYNE COUNTY FOUNDATION (Nature Camp) The Clerk read Ordinance No. 24 -2006 on first reading by title only. This ordinance would authorize the City of Richmond Parks Department to submit a grant application to the Wayne County Foundation to assist with the costs associated to run the Nature Camp. This ordinance would also authorize the Parks Department to accept said grant funding in an amount up to Two Thousand Five Hundred Dollars ($2,500.00). Councilor Welch moved to advance Ordinance No. 24 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 24 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 24 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Parker moved for engrossment of Ordinance No. 24 -2006 with a second by Councilor Wissel. The motion carried with a unanimous voice vote. Councilor Elstro moved to advance Ordinance No. 24 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 24 -2006 on third reading by title only Ordinance No. 24 -2006 was adopted with a 9 -0 roll call vote. Common Council Minutes March 20, 2006 Page 4 of 8 ORDINANCE NO. 25 -2006 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE WHITEWATER VALLEY REMC (Nature Camp) The Clerk read Ordinance No. 25 -2006 on first reading by title only. This ordinance would authorize the City of Richmond Parks Department to submit a grant application to the Whitewater Valley REMC to assist with the costs associated to run the Nature Camp. This ordinance would also authorize the Parks Department to accept said grant funding in an amount up to Two Thousand Five Hundred Dollars ($2,500.00). Councilor Welch moved to advance Ordinance No. 25 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 25 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 25 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Parker moved for engrossment of Ordinance No. 25 -2006 with a second by Councilor Wissell. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Ordinance No. 25 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 25 -2006 on third reading by title only Ordinance No. 25 -2006 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 26 -2006 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE PARTNERSHIP FOR A DRUG FREE WAYNE COUNTY The Clerk read Ordinance No. 26 -2006 on first reading by title only. This ordinance would authorize the City of Richmond Police Department to submit a grant application to the Partnership for a Drug Free Wayne County to obtain funds that would be used to offset costs for K -9 equipment, training for handler, to purchase educational materials to be handed out at public presentations on the use of K -9's, to offset costs for attendance at the National Association of Drug Diversion Investigators conference and to purchase a LCD digital projector and notebook computer for community education programs and to purchase a permanently installed LCD projector for training of officers within the squad room. This ordinance would also authorize the Police Department to accept said grant funding in an amount up to Twenty Thousand One Hundred Thirty -Five Dollars ($20,135). Councilor Wisse/ moved to advance Ordinance No. 26 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 26 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 26 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Lundy moved for engrossment of Ordinance No. 26 -2006 with a second by Councilor Wissel. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Ordinance No. 26 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. Common Council Minutes March 20, 2006 Page 5 of 8 The Clerk read Ordinance No. 26 -2006 on third reading by title only. Ordinance No. 26 -2006 was adopted with a 9 -0 roll call vote ORDINANCE NO. 27 -2006 — A SPECIAL ORDINANCE CREATING A CONSERVATION DISTRICT (Depot District) The Clerk read Ordinance No. 27 -2006 on first reading by title only. This ordinance would allow a portion of the Richmond Railroad Station National Register Historic District to be designated as a local Historic Conservation District. Councilor Wissel moved to include the entire parcel located at 333 North 8th Street with a second by Councilor Elstro. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Amended Ordinance No. 27 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Amended Ordinance No. 27 -2006 on second reading by title only Council President Sharp declared Amended Ordinance No. 27 -2006 on second reading and public hearing. There being no comments for or against the amended ordinance, Councilor Elstro moved for engrossment of Amended Ordinance No. 27 -2006 with a second by Councilor Parker. The motion carried with a unanimous voice vote. Councilor Wissel moved to advance Amended Ordinance No. 27 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Amended Ordinance No. 27 -2006 on third reading by title only. Amended Ordinance No. 27 -2006 was adopted with a 9 -0 roll call vote ORDINANCE NO. 28 -2006 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE INDIANA FINANCE AUTHORITY (Gas Building environmental remediation) The Clerk read Ordinance No. 28 -2006 on first reading by title only. This ordinance would authorize the City of Richmond to submit a grant application and to accept funds that would be used to remediate environmental issues at the old Indiana Gas Building located on East Main Street in Uptown Richmond. The amount of this grant funding is an amount up to Three Hundred Thousand Dollars ($300,000). Public hearings will be held on March 22 at 2:30 pm and March 27 at Noon in the Community Room of the Municipal Building. Councilor Welch moved to advance Ordinance No. 28 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 28 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 28 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Parker moved for engrossment of Ordinance No. 28 -2006 with a second by Councilor Pappin. The motion carried with a unanimous voice vote. Councilor Wissel moved to advance Ordinance No. 28 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Welch. The motion carried with a unanimous voice vote. Common Council Minutes March 20, 2006 Page 6 of 8 The Clerk read Ordinance No. 28 -2006 on third reading by title only. Ordinance No. 28 -2006 was adopted with a 9 -0 roll call vote ORDINANCE NO. 29 -2006 — AN ORDINANCE CREATING TAX ABATEMENTS FOR VACANT INDUSTRIAL FACILITIES The Clerk read Ordinance No. 29 -2006 on first reading by title only. The purpose of this ordinance is to expand the City of Richmond's tax abatement program by granting Common Council the authority to grant tax abatements to vacant industrial facilities. Councilor Klose moved to amend paragraph 1:i:(3) to read Has been vacant for two (2) ormore consecutive years immediately prior to the application for abatement unless the tract and the plant are owned by the City of Richmond or Wayne County, in which case the two (2) year requirement does not apply. There was a second by Councilor Parker. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Amended Ordinance No. 29 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Amended Ordinance No. 29 -2006 on second reading by title only. Council President Sharp declared Amended Ordinance No. 29 -2006 on second reading and public hearing. There being no comments for or against the amended ordinance, Councilor Lundy moved for engrossment of Amended Ordinance No. 29 -2006 with a second by Councilor Elstro. The motion carried with a unanimous voice vote. Councilor Lundy moved to advance Amended Ordinance No. 29 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Elstro. The motion carried with a unanimous voice vote. The Clerk read Amended Ordinance No. 29 -2006 on third reading by title only. Amended Ordinance No. 29 -2006 was adopted with a 9 -0 roll call vote ORDINANCE NO. 30 -2006 — AN ORDINANCE OF THE CITY OF RICHMOND AUTHORIZING THE EXECUTION AND DELIVERY OF THE THIRD AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF RICHMOND AND THE INDIANA MUNICIPAL POWER AGENCY The Clerk read Ordinance No. 30 -2006 on first reading by title only. This ordinance would approve the Third Amendment to the Capacity Purchase Agreement between the Indiana Municipal Power Agency and the City of Richmond and the enabling ordinance authorizing adoption. This amendment is the necessary step to entering into the new operating agreement with IMPA for RP &L's Whitewater Valley Station. This amendment was specifically designed to create a new method of operation and payment for our generation immediately and to also expire at the end of this year. Councilor Welch moved to advance Ordinance No. 30 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Parker. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 30 -2006 on second reading by title only. Common Council Minutes March 20, 2006 Page 7 of 8 Council President Sharp declared Ordinance No. 30 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Lundy moved for engrossment of Ordinance No. 30 -2006 with a second by Councilor Elstro. The motion carried with a unanimous voice vote. Councilor Welch moved to advance Ordinance No. 30 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 30 -2006 on third reading by title only. Ordinance No. 30 -2006 was adopted with a 9 -0 roll call vote ORDINANCES ON SECOND READING ORDINANCE NO. 10 -1006 - A SPECIAL ORDINANCE ANNEXING CERTAIN CONTIGUOUS LANDS INTO THE CITY OF RICHMOND, INDIANA (South 3T1 Street and Hodgin Road) The Clerk read Ordinance No. 10 -2006 on second reading by title only. This ordinance is based upon the petition to annex into the City of Richmond, approximately 37.6 acres south of Hodgin Road at South 37th Street. The developer of the property was requested by Common Council to annex into the City as part of their approval for a Residential Planned Unit Development rezoning (Ordinance No. 69 -2005) to allow development of a nursing home and assisted living community at this location. Council President Sharp declared Ordinance No. 10 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Parker moved for engrossment of Ordinance No. 10 -2006 with a second by Councilor Wissel. The motion carried with a unanimous voice vote. Councilor Wissel moved to advance Ordinance No. 10 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Welch. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 10 -2006 on third reading by title only. Ordinance No. 10 -2006 was adopted with a 9 -0 roll call vote Councilor Wissel moved to amend the agenda to include ORDINANCE NO. 11 -2006 — 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. There was a second by Councilor Parker. The motion carried with a unanimous voice vote. Ordinance No. 11 -2006 is a request by Rose City Business Park LLC for a ten -year tax abatement for real estate improvements valued at $2,350,000. Due to the passage of Ordinance No. 29 -2006 — AN ORDINANCE CREATING TAX ABATEMENTS FOR VACANT INDUSTRIAL FACILITIES, this Ordinance qualifies for a potential tax abatement. Council President Sharp declared Ordinance No. 11 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Welch moved for engrossment of Ordinance No. 11 -2006 with a second by Councilor Parker. The motion carried with a unanimous voice vote. Councilor Wissel moved to advance Ordinance No. 11 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Pappin. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 11 -2006 on third reading by title only Ordinance No. 11 -2006 was adopted with a 9 -0 roll call vote Common Council Minutes March 20, 2006 Page 8 of 8 ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT There being no further business, the meeting was adjourned. S/S Karl Sharp Karl Sharp, President ATTEST: S/S Karen Chasteen Karen Chasteen, Clerk