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Home My Public Portal About12-06-2010PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, DECEMBER 6, 2010 The Common Council of the City of Richmond, Indiana met in regular session December 6, 2010 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR WISSEL President Miller called the meeting to order and the following business was conducted: ROLL CALL Councilors present were Howard "Jack" Elstro, Kelley Cruse - Nicholson, Bruce Wissel, Clay Miller, Bing Welch, Larry Parker, Robert Goodwin, Diana Pappin and Phil Quinn. Also present were: Gordon Moore, Dan Stamper, Suzanne Derongowski, George Sowers, Kirit Patel, Mary Walker, Tim Rogers, Patricia Fox, Leonard Ranieri, Ronda Weller and Jenny Rodriguez. APPROVAL OF MINUTES Mr. Parker moved to approve the minutes of the regular meeting held December 6, 2010 as presented, supported by Mr. Goodwin. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR ■ The Indiana Department of Transportation has notified us they have no more funds for projects at the present time; however they will resurface the North US 27 Bridge and microsurface South 8th street from "A" to "E ". ■ The Christmas Parade held on December 3 was a huge success. ■ There has been a remarkable improvement in the community due to a grant from Community Action of East Central Indiana. The funds were used to reduce urban blight within the City of Richmond, specifically the cleaning of alleys and public areas. Hopefully this effort will encourage residents to continue the work necessary to make Richmond more aesthetically pleasing. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the November 11, 18 & 24, 2010, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS ■ HUMAN RIGHTS COMMISSION: President Miller appointed Ms. Cruse - Nicholson as liaison to the HRC. Common Council Minutes December 6, 2010 Page 2 of 5 MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 55, 56 & 57 -2010 on first reading by title only, supported by Mr. Wissel. Upon a vote viva voce, the motion passed. ORDINANCE NO. 55 -2010 — AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A RUNWAY MAINTENANCE FUND (303) FOR THE CITY OF RICHMOND AIRPORT The Clerk read Ordinance No. 55 -2010 on first reading by title only. This Ordinance will authorize the City of Richmond to establish a runway maintenance fund which shall be funded annually from existing airport cash balances in order that the Richmond Airport may implement its Asphalt Maintenance Program. Mr. Wissel moved to advance Ordinance No. 55 -2010 to second reading and to suspend the rules and read by title only, supported by Mr. Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 55 -2010 on second reading by title only. Council President Miller declared Ordinance No. 55 -2010 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 55 -2010, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 55 -2010 to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 55 -2010 on third reading by title only. Ordinance No. 55 -2010 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 56 -2010 - AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS FROM CERTAIN FUNDS (Worker's Compensation) The Clerk read Ordinance No. 56 -2010 on first reading by title only. This Ordinance would authorize an additional appropriation of One Hundred Thousand Dollars ($100,000) to the Workman's Compensation Fund. Ms. Glenn recommended amending this Ordinance to appropriate One Hundred Twenty Thousand Dollars ($120,000). Mr. Wissel moved to amend Ordinance No. 56 -2010 as recommended by Ms. Glenn, supported by Mr. Welch. Upon a vote viva voce, the motion passed. Mr. Quinn moved to advance Ordinance No. 56 -2010 as amended to second reading and to suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 56 -2010 as amended on second reading by title only. Council President Miller declared Ordinance No. 56 -2010 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 56 -2010 as amended, supported by Mr. Pappin. Upon a vote viva voce, the motion passed. Common Council Minutes December 6, 2010 Page 3 of 5 Mr. Wissel moved to advance Ordinance No. 56 -2010 as amended to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 56 -2010 as amended on third reading by title only. Ordinance No. 56 -2010 as amended was adopted with a 9 -0 roll call vote. ORDINANCE NO. 57 -2010 — AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ADOPTING THE PROVISIONS OF I.C. 5 -23 AUTHORIZING PUBLIC - PRIVATE AGREEMENTS The Clerk read Ordinance No. 57 -2010 on first reading by title only. This Ordinance would authorize the Board of Directors of Richmond Power and Light to enter into an agreement for the construction, operation, management, repair and maintenance of a project to gasify municipal solid waste to create electricity and other products. Mr. Elstro moved to advance Ordinance No. 57 -2010 to second reading and to suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 57 -2010 on second reading by title only. Council President Miller declared Ordinance No. 57 -2010 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 57- 2010, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 57 -2010 to third and final reading and suspend the rules and read by title only, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 57 -2010 on third reading by title only. Ordinance No. 57 -2010 was adopted with a 9 -0 roll call vote. ORDINANCES ON SECOND READING ORDINANCE NO. 39 -2010 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (Dale Drive) The Clerk read Ordinance No. 39 -2010 on second reading by title only. This Ordinance is a petition to vacate a portion of the public way also known as Dale Drive, running north - south between 1920 Rich Road and 2000 Rich Road in the Cain Addition Section 1. The vacation will return the undeveloped land to the adjoining property owner. Ordinance No. 39 -2010 was heard on public hearing at the November 18, 2010 Plan Commission Meeting and received their recommendation. Council President Miller declared Ordinance No. 39 -2010 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Quinn moved for engrossment of Ordinance No. 39- 2010, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Ms. Pappin moved to advance Ordinance No. 39 -2010 to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 39 -2010 on third reading by title only. Ordinance No. 39 -2010 was adopted with a 9 -0 roll call vote. Common Council Minutes December 6, 2010 Page 4 of 5 ORDINANCE NO. 51 -2010 - 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 ( Rahee Investments) The Clerk read Ordinance No. 52 -2010 on second reading by title only. This Ordinance is a request of Rahee Investments, LLC for a ten -year tax abatement for real estate valued at $6.8 million. Rahee Investments intends to construct a 100 room hotel with an approximately 7,000 square feet conference center which will seat 270 attendees banquet style or 450 theater style. Mr. Wissel reported the Tax Abatement vote for recommendation of this abatement was 2 -1 in favor. Mr. Welch was the dissenting vote. Mr. Welch asked Mr. Patel if his business would collect sales tax, and if so, would not qualify for a tax abatement based on paragraph "g." of proposed Ordinance No. 113 -1997 . . . In determining whether a business property owner applicant is a retail service which would be specifically excluded for a tax abatement by Indiana statute, and /or as simply a policy decision in determining whether an applicant should be given an approval for its Statement of Benefits, any business property owner applicant which collects Indiana sales tax on its products or services from the subject property, will not be given an approval for its Statement of Benefits. Mr. Patel stated the proposed hotel /conference center would collect sales tax. Ordinance No. 51 -2010 was held until December 20 to allow time for review. ORDINANCE NO. 52 -2010 - 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 (Perpetual Recycling Solutions) The Clerk read Ordinance No. 52 -2010 on second reading by title only. This Ordinance is a request of Perpetual Recycling Solutions, LLC for a ten -year tax abatement for real estate valued at $3.5 million. The Tax Abatement Committee requested Ordinance No. 52 -2010 be held until December 20, 2010. ORDINANCE NO. 53 -2010 - 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 (Perpetual Recycling Solutions) The Clerk read Ordinance No. 53 -2010 on second reading by title only. This Ordinance is a request of Perpetual Recycling Solutions, LLC for a ten -year tax abatement for equipment valued at $16 million. The Tax Abatement Committee recommended approval. Council President Miller declared Ordinance No. 53 -2010 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Pappin moved for engrossment of Ordinance No. 53 -2010, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Welch moved to advance Ordinance No. 53 -2010 to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 53 -2010 on third reading by title only Ordinance No. 53 -2010 was adopted with a 9 -0 roll call vote. Common Council Minutes December 6, 2010 Page 5 of 5 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. S/S J. Clayton Miller J. Clayton Miller, President ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the City Clerk's Office.