Loading...
HomeMy Public PortalAbout08-19-2013PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 19, 2013 The Common Council of the City of Richmond, Indiana met in regular session August 19, 2013 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR CRUSE - NICHOLSON President Parker 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; Boy Scout Troop 100; Dan Stamper; Dave Burns; Dave Stidham; Valerie Shafer and Brett Guiley, Economic Development Corporation; Jeff Norris, Information and Technology; Terri Quinter, Roseview Transit; Major Mark Connery, Richmond Police Department; Mary Walker, Wayne County Tourism Bureau; Police Chief Kris and Linda Wolski; Tammy Glenn, Controller; and, George Sowers. APPROVAL OF MINUTES Ms. Hollis moved to approve the minutes of the meeting held August 5, 2013, supported by Mr. Winget. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS AMENDED RESOLUTION NO. 3-2013 — A RESOLUTION WAIVING NONCOMPLIANCE RELATED TO LATE -FILED ASSESSED VALUATION DEDUCTION DOCUMENTS OF RAHEE INVESTMENTS, LLC This Resolution would waive the noncompliance resulting from the late - filing of Forms 322/RE and CF -1 with the Wayne County Auditor as allowed by IC 6 -1.1- 12.1 -5(a) and (c). The Tax Abatement Committee recommended approval with the following changes: 5'h WHEREAS, .. and, as a result, failed to receive a reduction in its real property taxes for 2012 payable in 2013; and 60 WHEREAS, Rahee, by letter dated May 21, 2013, attached hereto as Exhibit B, has requested that the Common Council waive the noncompliance arising our of its failure to timely file Forms 3221RE and CF -1 with the Wayne County Auditor in 2012, and 7"' WHEREAS, Rahee has not received a Notice of Assessment of Land and improvements effective March 1, 2013 for taxes payable in 2014 for all of the improvements in the amount of Three Million Nine Hundred Ten Thousand Three Hundred Dollars ($,190,300), attached hereto as Exhibit C, and WHEREAS, ... scheduled to be held before the Common Council ...ten (10) days in advance of said hearing which public hearing was continued to and held on August 19, 2013; and Common Council Minutes August 19, 2013 Page 2 of 5 10' WHEREAS, It is in the best interest of the City of Richmond, Indiana to waive the noncompliance resulting from the failure to timely file Forms 322/RE and CF -1 in order that Rahee may obtain a deduction for the assessed value for the full amount of the improvements of structures in an economic revitalization area commencing with the 2013 tax year for taxes payable in 2014 in the amount of $3,910,300. And 1. The Common Council does now waive the noncompliance resulting from the late -filing of Forms 322 /RE and CF -1 with the Wayne County Auditor as pursuant to IC 6 -1.1- 12.1 -5(a) and (c). 2. As a result of this waiver, Rahee Investments, LLC may file Forms 322/RE & CF -1 for improvements in the total amount of $3,910,300 for the 2013 property taxes payable in 2013._ 3. The presentation of a copy of this Resolution by Rahee Investments, LLC ... included in the real property tax payable in 2014-and thereafter. 4. That this Resolution shall be in full force and effective immediately upon its adoption. Ms. Hollis moved to approve the recommended amendments, supported by Ms. Cruse Nicholson. Upon a vote viva voce, the motion carried. Mr. Miller moved to approve the Amended Resolution, supported by Mr. Winget. Upon a vote viva voce, the motion carried. COMMUNICATION FROM THE MAYOR • The 2014 Budget is being prepared • All City projects are progressing REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the August 1 and 8, 2013, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS • ECONOMIC DEVELOPMENT CORPORATION — Ms. Shafer presented an update on EDC activities • INFORMATION AND TECHNOLOGY — Mr. Norris presented a plan the Information and Technology Department is following. MISCELLANEOUS BUSINESS Answering a question of Mr. Parker, a representative of Indiana American Water indicated all ongoing projects will be completed in the near future. ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 43, 44, 45 & 46 -2013 on first reading by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. ORDINANCE NO. 43-2013 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF TRANSPORTATION (Roseview) Common Coundl Minutes August 19, 2013 Page 3 of 5 The Clerk read Ordinance No. 43 -2013 on first reading by title only. This Ordinance would authorize the City of Richmond in accordance to submit a grant application to the Indiana Department of Transportation to assist with operating and capital expenses for Rose View Transit for 2014. The total project cost is estimated to be a total amount up to One Million Two Hundred Thirty - four Thousand Three Hundred Fourteen Dollars and Zero Cents ($1,234,314.00). This Ordinance would also authorize the acceptance of grant funding from the federal (FTA) and /or state (INDOT) governments in an amount up to One Million Fifty -three Thousand Three Hundred Seventeen Dollars and Zero Cents ($1,053,317.00). If awarded, the federal, state, and local match breakdown for both operating and capital expenses would be distributed in amounts up to the following estimates: OPERATING EXPENSES Federal: $524,420.00 State: $384,897.00 Local: $165.000.00 Total: $1,074,317.00 CAPITAL EXPENSES Federal: $128,000.00 State: $16,000.00 Local: $16.000.00 Total: $160,000.00 Federal and state funds would be appropriated as follows: a) Up to Nine Hundred Nine Thousand Three Hundred Seventeen Dollars and Zero Cents ($909,317.00) to assist with operating expenses for Rose View Transit for 2014; and b) Up to One Hundred Forty-four Thousand Dollars and Zero Cents ($144,000.00) to assist with capital improvements for Rose View Transit in 2014. The City would provide up to One Hundred Eighty -One Thousand Dollars and Zero Cents ($181,000.00) in local EDIT funds towards transportation services in 2014. Mr. Wissel moved to advance Ordinance No. 43 -2013 to second reading, suspend the rules and read by title only, supported by Ms. Cruse- Nicholson. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 43 -2013 on second reading by title only. Council President Parker declared Ordinance No. 43 -2013 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Cruse- Nicholson moved for engrossment of Ordinance No. 43 -2013, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Ms. Cruse - Nicholson moved to advance Ordinance No. 43 -2013 to third and final reading and suspend the rules and read by title only, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 43 -2013 on third reading by title only. Ordinance No. 43 -2013 was adopted with a 7 -2 roll call vote. Dissenting were Ms. Hollis and Mr. Quinn. ORDINANCE NO. 44 -2013 — AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS FROM CERTAIN FUNDS (Telephone System) The Clerk read Ordinance No. 44 -3013 on first reading by title only. This Ordinance would authorize the appropriation of additional sums of money for funding part of the purchase of a new City wide phone system. These appropriations are as follows: Rainy Day Fund - $ 167,308.00 Common Council Minutes August 19, 2013 Page 4 of 5 2. Solid Waste - $ 23,648.00 Ordinance No. 44 -2013 was held on second reading until September 3, 2013. ORDINANCE NO. 45 -2013 — A SPECIAL ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION OF OBSOLETE BATTLESHIP PROJECTILES TO BE LOCATED IN THE VETERANS MEMORIAL PARK The Clerk read Ordinance No. 45 -2013 on first reading by title only. This Ordinance would authorize the City of Richmond to sign an application to the Navy Inactive Ships Program for the purpose of acquiring the donation of sixteen (16) obsolete sixteen inch battleship projectiles from the Navy Inactive Ships Program, which projectiles shall be located at the Veterans Memorial Park. Mr. Miller moved to advance Ordinance No. 45 -2013 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 45 -2013 on second reading by title only. Council President Parker declared Ordinance No. 45 -2013 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 45- 2013, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 45 -2013 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 45 -2013 on third reading by title only. Ordinance No. 45 -2013 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 46 -2013 — AN APPROPRIATION ORDINANCE AMENDING ORDINANCE NO. 52- 2012 KNOWN AS THE 2013 SALARY ORDINANCE (Stormwater and Clerk's Office) The Clerk read Ordinance No. 46 -2013 on first reading by title only. This Ordinance would eliminate the position of Ordinance Violations Clerk from the Office of the City Clerk and the Stormwater Utility Coordinator from the Engineering Department. Speaking to this Ordinance was Ms. Chasteen. Ordinance No. 46 -2013 was tabled. ORDINANCES ON SECOND READING ORDINANCE NO. 40-2013 — AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS FROM CERTAIN FUNDS (Eastside Commons) Mr. Miller moved to amend as follows: a. Eastside Commercial Park, LLC, or a subsequent purchaser of the project and /or the real estate of approximately 60 acres, is the owner of any roads built on the approximately 60 acres and is responsible for all construction, maintenance, repaid and upkeep of the roads. b. If any part or all of the Eastside Commercial Park, LLC project and /or any part or all of the real estate of approximately 60 acres is sold, net proceeds of up to $875,000.00 shall be Common Counts! Minutes August 19, 2013 Page 5 of 5 placed into an escrow account until (1) the project has met its job and tax requirements so as to be released from the clawback provided herein or (2) unfit December 31, 2020 at which time the money shall be repaid to the City because the project failed to meet such requirements. c. Economic Development Income Tax monies advanced by the City to Eastside Commercial Park, LLC, will be secured by a clawback consisting of joint and several personal guaranties executed by each individual investor that is part of Eastside Commercial Park, LLC. d. In order for the clawback listed above to be forgiven, there must be, by December 31, 2020, 300 mercantile or service related jobs in the project and property tax income generating at least $875,000.00 annually. This motion was supported by Mr. Wissel. This motion was approved with a 6 -3 roll call vote. Dissenting was Ms. Cruse - Nicholson and Messrs. Winget and Quinn. Amended Ordinance No. 40 -2013 will be heard on public hearing September 3, 2013. ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. Parker, residtant ATT T: czt-oal aren Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the City Clerk's Office.