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Home My Public Portal About05-19-2014Alt PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MAY 19, 2014 The Common Council of the City of Richmond, Indiana met in regular session May 19, 2014 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR ELSTRO President Miller called the meeting to order and the following business was conducted: ROLL CALL Present were: Howard "Jack" Elstro, Kelley Cruse- Nicholson, Bruce Wissel, Clayton Miller, Don Winget, Larry Parker, Misty Hollis, Ron Oler and Phil Quinn. Also in attendance were Walt Chidester, City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; City Planner Sarah Mitchell; Amalgamated Transit Union President Mike Lawson; Fire Chief Jerry Purcell; David Bums; Doris Ashbrook; Don Nordstrom; Lynn Johnstone; Jim Brimm; Ardene Schossler, Police Chief Kris and Linda Wolski; Mike Allen; Andy Cecere; Pete Bartel; Richmond Baking Company Bill Quigg; John McBride; Nick Wilson; Metropolitan Development Director Tony Foster; Joe Schroeder; Sergeant at Arms; and, Media. APPROVAL OF MINUTES Councilor Winget moved to approve the minutes of the Regular meeting on April 21, 2014, supported by Councilor Parker. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS. (MUST BE IN WRITING • RESOLUTION NO. 4-2014 — A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT BETWEEN INDIANA MUNICIPAL POWER AGENCY AND THE CITYOF RICHMOND, INDIANA Councilor Winget moved to approve, supported by Councilor Wissel. Upon a vote viva voce, the motion carried. COMMUNICATIONS FROM THE MAYOR • Summer street projects are under way REPORT OF THE BOARD OF PUBLIC WORKS AND SAFETY Minutes of the April 17 & 21, 2014 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS • ROSEVIEW TRANSIT — Mike Lawson, President of Amalgamated Transit Union Mr. Lawson reported 17 drivers provide 240,000- 260,000 rides per year. He asked Council and the public to contact their legislators to encourage their support of the Surface Transportation Bill. Common Council Minutes May 19, 2014 Page 2 of 4 MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 15 & 19 -2014 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. ORDINANCE NO. 15 -2014 — A GENERAL ORDINANCE AMENDING CHAPTERS 98 UNSAFE BUILDINGS AND 158 HISTORIC DISTRICTS The Clerk read Ordinance No. 15 -2014 on first reading by title only. It is in the best interest of the City of Richmond that both Chapter 98 (Unsafe Buildings) and Chapter 158 (Historic Districts) be amended to resolve future conflicts that may arise in connection with properties that will be issued pre - hearing orders by the City's Enforcement Authority in order that owners of a given property or other interested persons may not circumvent the Unsafe Building Law by seeking Interim Protection of a particular property. Letters/Minutes in connection to this Ordinance were received as follows: ADVISORY PLAN COMMISSION: (from Tony Foster) The Richmond Advisory Plan Commission reviewed and considered Ordinance 15 -2014 per the request of Council President Clay Miller at their April 24, 2014 meeting. They voted in favor of the following recommendation: Prior to entering an Order of Enforcement the Department of Metropolitan Development shall notify a property owner of its intent to issue such Order. The notice shall include a statement that the Historic Preservation Commission be notified if the DMD does not receive a plan of action for the property within 30 days of receipt of the notice. UNSASFE BUILDING COMMISSION: (signed by Dwayne Heeter, Peter Bartel and Sue Mathews) Per your request, we the undersigned members of the Unsafe Building Commission are submitting this signed report in connection with the conflict that exists under the Unsafe Building Chapter 98 and Historic Districts Chapter 158. That conflict would be addressed and fixed by proposed Ordinance 15-2014. On April 8, 2014, we met during our regular meeting and discussed the general issues as summarized below: (1) Property owners must be personally responsible for maintaining their properties. Property owners who are not willing to put money into fixing their properties should not be permitted to continue to let their properties remain in an unsafe and/or blighted state. We acknowledge the seriousness of our roles as members of the UBC and the gravity of the UBS's responsibilities under the Indiana Unsafe Building Law, however, we believe personal responsibility of the owners is very important (2) If the conflict remains in place, the property owners will have more time to 'drag their feet" and delay their responsibilities to comply with the orders issued by the UBC to fix or remove unsafe structures. The expression that property owners should instead have their `feet put to the fire" is appropriate because properties continue to deteriorate and become more unsafe and dilapidated as time passes. Properties that are abandoned or left in blighted states become risks for arson and other dangerous conditions, regardless of a particular property's potential status as historically important Ultimately, these delays increase the chances of someone getting hurt as a result of those unsafe conditions. (3) The time, eftbrt, and resources spent by the administrative staff to ensure that the due process requirements of the Unsafe Building Law are met before bringing properties before Common Coundl Minutes May 19, 2014 Page 3 of 4 the USC are substantial and will be wasted if the conflict between the relevant chapters continues to exist. After our discussion, we voted unanimously (3-0) to approve the proposed Ordinance and recommend to Common Council that the proposed Ordinance be passed as written. We thank you for this opportunity to express our concerns. HISTORIC PRESERVATION COMMISSION (minutes of May 12,2014): RE: GENERAL ORDINANCE NO 15 -2014 The Commission considered the following statement submitted by Tony Foster as a result of last month's commission discussion ...Thirty days prior to the recording of a pre- hearing order, the Historic Preservation Commission will be notified in writing of properties scheduled to receive a pre- hearing order by the Department of Metropolitan Development unless the property is physically unsafe and meets qualification of emergency removal guidelines outlined in IC 36 -7 -9. The HPC may render a report that the DMD will present to the Unsafe Building Commission on behalf of the HPC regarding a property. Joe Schroeder remained of the opinion that the Commission should recommend the entire ordinance be rescinded. Ron Hughes moved, seconded by Lynn Johnstone to adopt the recommendation with the last sentence be changed to The HPC may recommend a 90 day interim protection for any property. Five (Ron Hughes, Lynn Johnstone, Jill Nelson, Chera LaForge & Beth Lunsford) voted in favor with Joe Schroeder being opposed. Councilor Parker moved to suspend the rules, advance Ordinance No. 15 -2014 to second reading and read by title only, supported by Councilor Hollis. Upon a vote viva voce, the motion carried. The Clerk read Ordinance No. 15 -2014 on second reading by title only. Council President Miller declared Ordinance No. 15 -2014 on second reading and public hearing. Speaking to the Ordinance were Messrs. Purcell; Wolski; Wissel; Bartel; Schroeder; Wilson; Brimm and Ms. Ashbrook. President Miller held Ordinance No. 15 -2014 on second reading to allow additional time to investigate potential amendments. ORDINANCE NO. 19 -2014 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM MEDIUM DENSITY SINGLE - FAMILY RESIDENTIAL DISTRICT TO GENERAL COMMERCIAL DISTRICT (2 Salisbury Road) The Clerk read Ordinance No. 19 -2014 on first reading by title only. Councilor Parker moved to Strike Ordinance No. 19 -2014, supported by Councilor Hollis. ORDINANCES ON SECOND READING None ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT Common Council Minutes May 19, 2014 Page 4 of 4 There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. City Clerk A recording of this meeting is on file in the Office of the City Clerk.