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HomeMy Public PortalAbout06-05-2006PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, JUNE 5, 2006 The Common Council of the City of Richmond, Indiana met in regular session Monday, June 5, 2006, in the Council Chambers in said City. President Sharp presided and the following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR GLOVER 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 amended minutes of the meeting of May 15, 2006, with a second by Councilor Pappin. The motion carried with a unanimous voice vote. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS • Mayor Hutton presented a Certificate and Savings Bond Voucher to the First and Second Place Winners of the If 1 Were Mayor, 1 Would Essay Contest. The First Place Winner was Ross Mathews who was presented with a $100 Savings Bond and the Second Place Winner was Katie Sharits who received a $50 Savings Bond. COMMUNICATION FROM THE MAYOR • Mayor Hutton encouraged citizens to visit the Rose Garden • Jim Dykes has been appointed Assistant Park Superintendent • The Municipal Pool opened on schedule • There is a vacancy on the EDC Board. A nomination will be presented to Council on June 19 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the May 4, 11 & 18, 2006 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS None REPORTS FROM STANDING COMMITTEES REDEVELOPMENT COMMISSION: Larry Parker reported that the Redevelopment Commission, Rose City Business Park and the Economic Development Corporation have agreed to share the estimated $1.3 million cost of the access road to the Rose City Business Park. Rose City will donate the land and provide one -third of the cost of construction, the Redevelopment Commission will provide one -third of the funds which will be paid back to the Commission through new property taxes gained by new businesses using this road and the Economic Development Commission will provide one -third through their Business Development Fund. The proposal is tentative. Ordinance No. 44 -2006 is a request of the City of Richmond to the Economic Development Commission and the County Consolidated Edit Fund for a grant in the amount of $450,000. REPORTS FROM SPECIAL COMMITTEES None Common Council Minutes June 5, 2006 Page 2 of 5 REPORTS FROM ORGANIZATIONS None MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 37, 42, 43 and 44 -2006 on first reading by title only with a second by Councilor Lundy. Upon a vote viva voce, the motion passed. 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. Councilor Welch moved to suspend the rules and advance Ordinance No. 37 -2006 to second reading and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 37 -2006 on second reading by title only. Council President Sharp declared Ordinance No. 37 -2006 on second reading and public hearing. There being no comments for or against the ordinance, Councilor Elstro moved for engrossment of Ordinance No. 37 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Lundy moved to advance Ordinance No. 37 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Elstro. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 37 -2006 on third reading by title only. Ordinance No. 37 -2006 was adopted with a 9 -0 roll call vote. RESOLUTION NO. 11 -2006 — RESOLUTION APPROVING THE COMMUNITY BLOCK GRANT FUNDED COMPREHENSIVE PLAN The Clerk read Resolution No. 11 -2006 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 Resolution 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. Tony Foster reported this Resolution is necessary to be filed with the State of Indiana. Councilor Welch moved to adopt Resolution No. 11 -2006 with a second by Councilor Glover. Upon a vote viva voce, the motion passed. Common Council Minutes June 5, 2006 Page 3 of 5 ORDINANCE NO. 42 -2006 — AN APPROPRIATION ORDINANCE AMENDING ORDINANCE NO. 51- 2005 KNOWN AS THE 2006 SALARY ORDINANCE The Clerk read Ordinance No. 42 -2006 on first reading by title only. Common Council has previously adopted Ordinance No. 51 -2005 to establish salaries for the Year 2006 An amendment is now necessary to reflect the deletion of a Street Department Laborer position as well as a cost of living adjustment for contracted workers within the same department. It also reflects a reorganization in the Department of Public Works and Engineering. Councilor Elstro moved to suspend the rules and advance Ordinance No. 42 -2006 to second reading and read by title only with a second by Councilor Welch. Upon a vote viva voce, the motion failed 8 -1 with the dissenting vote of Councilor Wissel. Ordinance No. 42 -2006 will be held on second reading. ORDINANCE NO. 43 -2006 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R -3, SPECIAL USE TO R -3 SPECIAL USE DISTRICT The Clerk read Ordinance No. 43 -2006 on first reading by title only. This Ordinance would change the real estate located at 2015 East Main Street from R -3 to R -3 Special Use District to allow the owner to use the property as a CPA office plus 3 to 4 residential rentals. Ordinance No. 43 -2006 was referred to the Plan Commission for public hearing on June 22, 2006. ORDINANCE NO. 44 -2006 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATIN OF A GRANT FROM THE ECONOMIC DEVELOPMENT CORPORATION AND THE COUNTY CONSOLIDATED EDIT FUND This Ordinance will be held on first reading until further notice. ORDINANCES ON SECOND READING 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. loth) The Clerk read Ordinance No. 32 -2006 on second reading by title only. This Ordinance is a petition to rezone the property at 126 North 10th Street from R -4 Multi - Family Residence District to an R -4 Special Use District to allow the owner to operate a dinner house and banquet facility. This Ordinance was heard at the March 25 Richmond Advisory Plan Commission meeting with six commission members in attendance. Two comments were received in support of the rezoning and two were received in opposition. Concerns raised by members of the public focused on parking availability and alcohol consumption. The Plan Commission was unable to pass a recommendation for approval or denial. Council President Sharp declared Ordinance No. 32 -2006 on second reading and public hearing. Speaking in favor was John Kelly, Pastor Ralph Oberman and Matt Stegall. There being no comments against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 32 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Lundy moved to advance Ordinance No. 32 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Elstro. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 32 -2006 on third reading by title only. Ordinance No. 32 -2006 was adopted with a 9 -0 roll call vote. Common Council Minutes June 5, 2006 Page 4 of 5 ORDINANCE NO. 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 second reading by title only. This Ordinance is a petition requesting to rezone the property at 113 South 3rd Street from R -3 One to Eight Family District to R -3 One to Eight Family Special Use District. The rezoning would allow the owner to establish an attorney's office. The Ordinance was heard at the Thursday, March 25, 2006 Richmond Advisory Plan Commission. The Planning staff recommended approval with the following commitments on the part of the petitioner: No less than five spaces will be paved and striped at the rear of the property according to City parking standards; no curb cut be allowed from South 3rd Street; the existing signage may be reused with the understanding that no further signage will be required. These commitments shall be recorded in the County Recorder's office and will run with the property. The Plan Commission voted 6 -0 recommending approval of the rezoning with staff recommendations except that the petitioner would not be required to provide five parking spaces. Councilor Welch moved to amend Ordinance No. 38 -2006 to stipulate at least five spaces be paved and when the additional office space is developed on the upper floors of the building, the remaining spaces be paved. There was a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Council President Sharp declared Ordinance No. 38 -2006 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 38 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 38 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 38 -2006 on third reading by title only. Ordinance No. 38 -2006 was adopted with a 9 -0 roll call vote ORDINANCE NO. 41 -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 (Vandor) The Clerk read Ordinance No. 41 -2006 on second reading by title only. This Ordinance is a request by Vandor Corporation for a ten -year tax abatement for equipment valued at $3,218,000. Councilor Pappin recommended approval. Councilor Pappin moved to amend Ordinance No. 41 -2006 by adding Unless otherwise stated in the ordinance applicable to a specific project or to specific equipment, the approval shall terminate two (2) years after the date of the final ordinance. However, this termination does not limit the length of time a property owner is entitled to receive an abatement of property taxes to two (2) years. There was a second by Councilor Parker. Councilor Pappin moved to amend Ordinance No. 41 -2006 to reflect the number of New Jobs to 5 and reducing the Estimated New Value of the Equipment being abated to $3,114,000. There was a second by Councilor Parker. Upon a vote viva voce, the motion passed. Councilor Klose moved to amend Ordinance No. 41 -2006 to reduce the abatement term to 8 years with a second by Councilor Glover. The motion failed with a 4 -5 roll call vote. Dissenting were Councilors Elstro, Wissel, Welch, Pappin and Sharp. Council President Sharp declared Amended Ordinance No. 41 -2006 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Parker moved for Common Council Minutes June 5, 2006 Page 5 of 5 engrossment of Ordinance No. 41 -2006 with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Amended Ordinance No. 41 -2006 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 41 -2006 on third reading by title only. Ordinance No. 41 -2006 was adopted with a 7 -2 roll call vote. Dissenting were Councilors Glover and Klose. 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