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Home My Public Portal About05-01-2006PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, MAY 1, 2006 The Common Council of the City of Richmond, Indiana met in regular session Monday, May 1, 2006, in the Council Chambers in said City. President Sharp presided and the following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR PARKER 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 Parker moved to approve the minutes of the meeting of April 17, 2006, with a second by Councilor Welch. The motion carried with a unanimous voice vote. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS • PROCLAMATION BY MAYOR HUTTON RELATING TO THE 14TH ANNUAL NATIONAL ASSOCIATION OF LETTER CARRIERS FOOD DRIVE Mayor Hutton read a Proclamation announcing May 13, 2006 as the date for the 14th Annual National Association of Letter Carriers Food Drive. • RESOLUTION 9 -2006 — RESOLUTION TO ADOPT FISCAL PLAN The Clerk read Resolution No. 9 -2006 by title only. This Resolution presents the Fiscal Plan which is required while considering Ordinance No. 34- 2006 which is an annexation petition by Edwin and Christina Nicholson. Resolution No. 9 -2006 was referred to the Plan Commission. COMMUNICATION FROM THE MAYOR • There will be a special workshop on May 15 to review upcoming stormwater permitting requirements and what the City of Richmond is requiring of new developments. The workshop will be held at the Municipal Building. • The Plan Commission is still reviewing the Comprehensive Plan. The grant has been extended through the end of June. • All twelve of the emergency sirens are in working order. They are difficult to hear when you are inside a closed building. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the April 6 & 13, 2006 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS None Common Council Minutes May 1, 2006 Page 2 of 5 REPORTS FROM STANDING COMMITTEES Transportation Committee — Councilor Glover reported there are Bus Stop signs throughout the City and encouraged citizens to ride buses. REPORTS FROM SPECIAL COMMITTEES None REPORTS FROM ORGANIZATIONS None MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 34, 36, 37, 38 & 39 -2006 on first reading by title only with a second by Councilor Lundy. The motion carried with a unanimous voice vote. ORDINANCE NO. 34 -2006 — ORDINANCE ANNEXING CERTAIN CONTIGUOUS LANDS INTO THE CITY OF RICHMOND (Hidden Valley) The Clerk read Ordinance No. 34 -2006 on first reading by title only. This Ordinance is a request of Edwin and Christina Nicholson to annex real estate into the City of Richmond pursuant to Indiana Code 36- 4- 3 -5.1. Said real estate is contiguous with the city's corporate boundary. Mr. and Mrs. Nicholson own 100 percent of the land and the only persons who reside within the territory that is proposed to be annexed. Ordinance No. 34 -2006 was referred to the Plan Commission. ORDINANCE NO. 36 -2006 - AN APPROPRIATION ORDINANCE AMENDING THE 2006 BUDGET FOR THE LAW DEPARTMENT The Clerk read Ordinance No. 36 -2006 on first reading by title only. This Ordinance would transfer funds from Professional Services to Personal Services. This transfer is necessary due to the addition of a full time Assistant City Attorney. Councilor Welch moved to advance Ordinance No. 36 -2006 to second reading and to suspend the rules and read by title only with a second by Councilor Wissel. The motion carried with a unanimous voice vote. The Clerk read Ordinance No. 36 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 36 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Elstro moved for engrossment of Ordinance No. 36 -2006 with a second by Councilor Wissel. The motion carried with a unanimous voice vote. Councilor Wissel moved to advance Ordinance No. 36 -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. 36 -2006 on third reading by title only. Ordinance No. 36 -2006 was adopted with a 9 -0 roll call vote. Common Council Minutes May 1, 2006 Page 3 of 5 ORDINANCE NO. 37 -2006 — LOCAL ORDINANCE APPROVING THE COMMUNITY BLOCK GRANT FUNDED COMPREHENSIVE PLAN The Clerk read Ordinance No. 37 -2006 on first reading by title only. The City of Richmond has received federal Community Development Block Grant dollars from the Indiana Office of Rural & Community Affairs to fund this study and has contributed $108,800 as a local match for this project. The City of Richmond has received 25 copies of this document. This Ordinance would approve the final document, contingent upon comments and approval received from the Indiana Office of Community and Rural Affairs. After all comments and feedback are received from the Indiana Office of Community and Rural Affairs, the City's consultant will provide amended copies of this plan reflecting all said comments. Due to the fact that Ordinance No. 37 -2006 is still being reviewed by the Plan Commission, this Ordinance will be heard on first reading May 15, 2006. ORDINANCE 38 -2006 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R -3 TO R -3, SPECIAL USE The Clerk read Ordinance No. 38 -2006 on first reading by title only. This Ordinance is a petition requesting a rezoning from R -3, One to Eight Family Residence District to R- 3, Special Use District for use as a Professional Office (Attorney) This Ordinance was referred to the Plan Commission for public hearing at its meeting on May 25, 2006. ORDINANCE NO. 39 -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 (MILSO INDUSTRIES CORPORATION) The Clerk read Ordinance No.39 -2006 on first reading by title only. This Ordinance is a ten -year tax abatement request by Milso Industries Corporation for Equipment valued at $1,546,267. Ordinance No. 39 -2006 was referred to the Tax Abatement Committee. ORDINANCES ON SECOND READING AMENDED ORDINANCE NO. 85 -2004 — A GENERAL ORDINANCE AMENDING CHAPTER 154 OF THE CODE OF ORDINANCES, RICHMOND, INDIANA REGARDING THE AQUIFER PROTECTION DISTRICT The Clerk read Ordinance No. 85 -2004 on second reading by title only Ordinance No. 33 -1999 is an existing Ordinance which was enacted to provide for the health, safety and welfare of the citizens of the City of Richmond. It is generally felt that this Ordinance contains numerous discrepancies and inconsistencies; therefore, Ordinance No. 85 -2004 has been developed. The Federal Government mandates that every State have a Wellhead Protection Program to protect public water supplies which utilize a groundwater source. The proposed Ordinance will bring into conformance all proposed land -use activities in the Aquifer Protection Districts within the City of Richmond with Wellhead Protection Guidelines developed by the Indiana Department of Environmental Management. City Attorney Chidester recommended the following changes in the Ordinance: 1. The last line of the paragraph beginning with NOW, THEREFORE, BE IT ORDAINED ... is hereby amended and replaced in its entirety, to read as follows:. Common Council Minutes May 1, 2006 Page 4 of 5 2. Section 154.39.00, paragraph 4 shall read: Certificate of Conformance — A document issued by the City Engineer for the City of Richmond, which certifies that an existing or expanding business or the proposed development meets or exceeds the requirements of the Aquifer Protection Districts. 3. Section 154.39.04: insert a comma between but are not limited tot permeable pavements ... 4. Section 154.39.05, first sentence: delete the comma in the phrase publicly owned treatment works or holding tanks. 5. Section 154.39.10, paragraph 4, shall read: Regulated substances ... inventory of such regulated substances shall be limited to normal business use, .. . 6. Section 154.39.11, paragraph 1: delete (after a period of abandonment). 7. Section 154.39.11, paragraph 2: delete the word "additional' before Best Management Practices. 8. Section 154.39.12: insert a comma twenty -five (25) pounds of a solid, shall develop ... Councilor Welch moved to adopt the changes recommended by Mr. Chidester with a second by Councilor Parker. The motion carried with a unanimous voice vote. Council President Sharp declared Amended Ordinance No. 85 -2004 on second reading and public hearing. Speaking in favor of the Ordinance were Louis Kettler, Rich Nicholson of Indiana - American Water and Petty Bransterrer. Speaking in opposition was Jerry Krupa of Transilwrap, John Sayre, representing various industries located in or owning real estate in the aquifer area and Allen Williams. Council members stated it was their understanding that if Section 154.39.10, paragraphs 2, 3 and 4 apply to a business, that business is exempt from Section 154.39.12. Councilor Welch moved to add Section 154.39.20 Effective date: This ordinance shall take effect on June 1, 2006. There was a second by Councilor Sharp. The motion carried with a unanimous voice vote. There being no further comments for or against the amended ordinance, Councilor Elstro moved for engrossment of Amended Ordinance No. 85 -2004 with a second by Councilor Parker. The motion carried with a unanimous voice vote. Councilor Wissel moved to advance Amended Ordinance No. 85 -2004 to third and final reading and suspend the rules and read by title only with a second by Councilor Lundy. The motion carried with a unanimous voice vote. The Clerk read Amended Ordinance No. 85 -2004 on third reading by title only. Amended Ordinance No. 85 -2004 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 31 -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 (Landis Plastics) The Clerk read Ordinance No. 31 -2006 on second reading by title only. This Ordinance is a request by Landis Plastics for a ten -year tax abatement on equipment valued at $3,370,025. The Tax Abatement Committee recommended approval. Councilor Klose moved to amend this ordinance for an eight -year tax abatement with a second by Councilor Glover. The motion failed 7 -2. Dissenting votes were Councilors Klose and Glover. Common Council Minutes May 1, 2006 Page 5 of 5 Councilor Wissel asked that a letter of explanation describing the lease and /or purchase agreement be submitted by Landis. Ordinance No. 31 -2006 was held on second reading until the May 15, 2006 meeting. ORDINANCE NO. 32 -2006 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R -4 TO AN R -4 SPECIAL USE DISTRICT (126 N. 10h) The Clerk read Ordinance No. 32 -2006 on second reading by title only. This Ordinance is a petition to rezoning from R -4 Multi - Family Residence District to an R -4 Special Use District the property at 126 North 10th Street to allow the owner to operate a dinner house and banquet facility. Ordinance No. 32 -2006 has been held by the Plan Commission until the May meeting. 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