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HomeMy Public PortalAbout03-16-2020 PROCEEDINGS OF THE REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MARCH 16, 2020 The Common Council of the City of Richmond, Indiana met in a Regular Meeting, March 2, 2020 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR CRUSE-NICHOLSON President Oler called the meeting to order and the following business was conducted ROLL CALL Present were Councilors Doug Goss, Kelley Cruse-Nicholson, Bill Engle, Jeff Cappa, Jeffrey Locke, Gary Turner, Jane Bumbalough, Ron Oler and Larry Parker. Also in attendance were Andrew Sickmann, Corporate Council; Karen Chasteen, City Clerk; Emily Palmer, Controller; Beth Fields, Director of Information and Technology; Kate Kotan, Community Development; Suzanne Bias, Mayor's Office Coordinator; Fire Chief Jerry Purcell; Jim Bumbalough; Allison Zajdel, Environmental Sustainability Committee;Police Major.Mike Britt;Alan Stamper;Matt Evans,City Planner;Tony Foster and Randy Baker, Richmond Power and Light; Sergeant at Arms; and, Media. APPROVAL OF MINUTES Councilor Locke moved to amend the agenda by adding Ordinance Nos. 13, 14, 17 and 18-2020, supported by Councilor Parker. Upon a vote viva voce, the motion carried. Councilor Engle moved to approve the minutes of the regular meeting held March 2, 2020, supported by Councilor Parker. Upon a vote viva voce, the motion carried. PRESENTATIONS, MEMORIALS OR COMPLAINTS, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS ENVIRONMENTAL SUSTAINABILITY COMMITTEE-Ms. Zajdel and Mr. Evans presented a Power Point program which reviewed a study re Greenhouse Emissions and plans for another phase. COMMUNICATION FROM THE MAYOR Due to the pandemic of the Coronavirus 19, all community events have been cancelled. Common Council Minutes March 16, 2020 Page 2 of 8 Mayor Snow stressed precautions be taken to avoid contamination. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the February 27 and March 5, 2020 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS INFORMATION AND TECHNOLOGY—Mr. Kempton outlined the activity of the Information and Technology Department. MISCELLANEOUS BUSINESS None • ORDINANCES ON FIRST READING Councilor Locke moved to suspend the rules and read Ordinance Nos. 13, 14, 15, 16 & 17- 2020 on first reading by title only and Ordinance No. 18-2020 in its entirety, supported by Councilor Cruse-Nicholson. Upon a vote viva voce, the motion carried. ORDINANCE NO. 13-2020 -A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR CERTAIN PARCELS FROM GENERAL COMMERICIAL (GC) DISTRICT TO INDUSTRIAL COMMERICIAL(IC) DISTRICT (3150 National Road West) The Clerk read Ordinance No. 13-2020 on first reading by title only. This Ordinance is a petition to rezone property to appropriately develop the tracts to adapt the building and parking into a climate controlled self-storage facility and moving center, including truck and trailer sharing and retail sales of moving supplies. Ordinance No. 13-2020 was referred to the Plan Commission for public hearing on March 26, 2020. ORDINANCE NO. 14-2020 -A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM INTENSE MULTIPLE FAMILY RESIDENTIAL(M2)DISTRICT TO LIMITED COMMERICIAL(LC)DISTRICT(1924 Chester Boulevard) The Clerk read Ordinance No. 14-2020 on first reading by title only. This Ordinance is a petition to rezone property to allow development of the tract to construct Common Council Minutes March 16, 2020 Page 3 of 8 a parking lot on the parcel to accommodate the business located to the north. Ordinance No. 14-2020 was referred to the Plan Commission for public hearing on March 26, 2020. ORDINANCE NO. 15-2020 —A SPECIAL ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE DONATIONS FOR RICHMOND POLICE DEPARTMENT PROGRAMS The Clerk read Ordinance No. 15-2020 on first reading by title only. Ordinance No. 15-2020 was referred to the Finance Committee for due diligence. ORDINANCE NO. 16-2020 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF REIMBURSEMENT GRANTS FROM THE FEDERAL DEPARTMENT OF JUSTICE (RPD) The Clerk read Ordinance No. 16-2020 on first reading by title only. Ordinance No. 16-2020 was referred to the Finance Committee for due diligence. ORDINANCE NO. 17-2020 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE INDIANA AMERICAN ENVIRONMENTAL GRANT PROGRAM (Sanitary) The Clerk read Ordinance No. 17-2020 on first reading by title only. This Ordinance would authorize the City of Richmond through its Sanitary Department, to apply for and grant funding in an amount of up to Ten Thousand Dollars and Zero Cents ($10,000.00). If awarded, these funds shall be used to procure various items of sampling and diagnostic equipment supplies, and associated training for the City of Richmond, Indiana. There is no local match. Councilor Goss moved to advance Ordinance No. 17-2020 to second reading and read by title only, supported by Councilor Cruse-Nicholson. Upon a vote viva voce, the motion carried. The Clerk read Ordinance No. 17-2020 on second reading by title only. President Oler declared Ordinance No. 17-2020 on public hearing. There being no comments for or against,Councilor Parker moved for engrossment,supported by Councilor Engle. Upon a vote viva voce, the motion carried. Common Council Minutes March.16, 2020 Page 4'of 8 Councilor Goss moved to suspend the rules and advance Ordinance No. 1-2020 to third and final reading and read by title only, supported by Councilor Cruse-Nicholson. Upon a vote viva voce, the motion carried. The Clerk read Ordinance No. 17-2020 on third reading by title only. Ordinance No. 17-2020 was approved with a 9-0 roll call vote ORDINANCE NO. 18-2020 —AMENDING ORDINANCE NO. 40-2019, 42-2019, 43- 2019 AND 44-2019 (COLLECTIVELY "2020 SALARY ORDINANCES") DUE TO EMERGENCY CIRCUMSTANCES The Clerk read Ordinance No. 18-2020 in its entirety: WHEREAS, the Richmond, Indiana Common Council ("Council") previously adopted Ordinances 40-2019,41-2019,42-2019,43-2019,and 44-2019,which are Ordinances Establishing Wages and Salaries for 2020,which may be amended from time to time(Collectively"2020 Salary Ordinances"); and WHEREAS, Council acknowledges that under appropriate circumstances, a political subdivision may determine that a"disaster" exists, as defined by the Indiana Code, which includes, but is not.limited to, the following: "an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural phenomenon or human act", which definition includes an "epidemic" and "public health emergency". WHEREAS, Council desires to have in place appropriate "emergency management" measures, in the event that a disaster is declared, in order to provide for the preparation for and the coordination of all emergency functions to prevent,minimize, and repair injury and damage, with such services to include firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, evacuation of persons from stricken areas, emergencywelfare services, plant protection, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and coordination of the functions described herein. WHEREAS, a local disaster emergency may be declared only by the principal executive officer of a political subdivision; and may not be continued or renewed for more than seven (7) days except by or with the consent of the governing board of the political subdivision; and any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk of the political subdivision. WHEREAS, the effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of all applicable local or inter jurisdictional disaster Common Council Minutes _ March 16,2020 Page 5 of 8 emergency plans,which includes a local travel advisory; and authorize the furnishing of aid and assistance under the plans. WHEREAS, a political subdivision may make, amend, and rescind orders, rules, and regulations as necessary for emergency management,and such orders,rules,and regulations have the full force and effect of law when filed in the office of the clerk of the adopting or promulgating political subdivision or agency of the state if adopted by a political subdivision. WHEREAS, Indiana Code §10-14-3-29.5 addresses local travel emergencies, which may. be declared by the principal executive officer of a political subdivision, which include the following levels: advisory, watch, and warning with the "warning" level only being possible subsequent to the principal executive officer declaring a "local disaster emergency". WHEREAS, Council desires to amend the 2020 Salary Ordinance to provide for pay for employees in certain declared emergency circumstances. NOW, THEREFORE, BE IT ORDAINED by the Richmond, Indiana Common Council, as follows: The 2020 Salary Ordinances are hereby amended to add the following additional section: Stay Home Pay During a Declared Emergency. As part of a local disaster declaration, City of Richmond, Indiana employees may be directed to refrain from coming to work. Additionally, the principal executive officer may determine that non-essential City employees refrain from reporting to work without a formal local disaster declaration applicable to the City in its entirety if the facts and circumstances so require, e.g. city personnel quarantine. These employees will continue to receive pay (hourly and/or salaried) for their regularly scheduled non- overtime work hours ("Emergency Stay Home Pay") without utilizing any paid-time off benefits, subject to the following conditions: 1. If some or all of the employee's job functions can be performed from home, the employee is expected to perform those job functions from home, with direction from his or her supervisor,during the employee's regularly scheduled non-overtime work hours; a. During the employee's regularly scheduled non-overtime work hours during the emergency,the employee is considered"on-call" and,therefore,must be available by phone to respond to calls from other City officials and must be available to . return to his or her work station within two (2)hours' notice from his or her supervisor, or his or her designee; b.. The employee may not work or earn compensation from any other source during the employee's regularly scheduled non-overtime work hours(i.e.,for which the employee would earn Emergency Stay Home Pay); c. Emergency Stay Home Pay may be determined by the principal Common Council Minutes March 16, 2020 Page 6 of 8 executive officer for any period not to exceed ten(10) business days without approval of a majority of Richmond Common Council; d. As apart of this Ordinance, the Stay Home Pay referenced herein shall also specifically apply on an individual basis to any employee confirmed by his or her healthcare provider, to have contracted Coronavirus (COVID-19); e. Take Home Pay shall not be applicable to any essential City employees, which are exempted from the provisions of Indiana Code §10-14-3 et. seq. as such employees may still be required to perform their duties as directed by the principal executive as implemented by his or her supervisor. f. The amendments set forth above supersede any inconsistent provisions in the 2020 Salary Ordinances.All other portions of the 2020 Salary Ordinances shall remain in full force and effect. g. This Amendment to the 2020 Salary Ordinances shall take effect immediately upon its adoption. Increases or changes in the payment schedule, when implemented, will be pro-rated prospectively. Councilor Goss moved to advance Ordinance No. 18-2020 to second reading and read by title only. The Clerk read Ordinance No. 18-2020 on second reading by title only. President Oler declared Ordinance No. 18-2020 on public hearing. There being no comments for or against, Councilor Goss moved for engrossment, supported by Councilor Engle. Upon a vote viva voce, the motion carried. Councilor Goss moved to suspend the rules and advance Ordinance No. 18-2020 to third and final reading and read by title only, supported by Councilor Engle. Upon a vote viva voce,the motion carried. The Clerk read Ordinance No. 18-2020 on third reading by title only. Ordinance No. 18-2020 was approved with a 9-0 roll call vote. ORDINANCES ON SECOND READING ORDINANCE NO. 50-2019—A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM HIGH DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO INSTITUTION DISTRICT (1800 South 23rd Street— IMPA) The Clerk read Ordinance No. 50-2019 on second reading by title only. The Plan Commission recommended approval. Common Council Minutes March 16,2020 • Page 7 of 8 The Clerk read Ordinance No. 50-2019 on second reading by title only. President Oler declared Ordinance No. 50-2019 on public hearing. There being no comments for or against,Councilor Parker moved for engrossment,supported by Councilor Cruse-Nicholson. Upon a vote viva voce,the motion carried. Councilor Goss moved to suspend the rules and advance Ordinance No. 50-2019 to third and final reading and read by title only, supported by Councilor Bumbalough. Upon a vote viva voce, the motion carried. The Clerk read Ordinance No. 50-2020 on third reading by title only. Ordinance No. 50-2019 was approved with a 9-0 roll call vote. ORDINANCE NO. 3-2020—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 (OMEN USA Inc.) The Clerk read Ordinance No. 3-2020 on second reading by title only.. Councilor Goss moved to amend the Estimated New Value to be $4,401,573.00, supported by Councilor Cruse-Nicholson. Upon a vote viva voce, the motion carried. The Tax Abatement Committee recommended approval. President Oler declared Amended Ordinance No. 3-2020 on public hearing. There being no comments for or against,Councilor Cruse-Nicholson moved for engrossment,supported by Councilor Turner. Upon a vote viva voce, the motion carried. Councilor Goss moved to suspend the rules and advance Amended Ordinance No. 3-2020 to third and final reading and read by title only, supported by Councilor Bumbalough. Upon a vote viva voce, the motion carried. The Clerk read Amended Ordinance No. 3-2020 on third reading by title only. Amended Ordinance No. 3-2019 was approved with a 9-0 roll call vote. ORDINANCES ON THIRD READING , None CALL FOR ADJOURNMENT Common Council Minutes March 16, 2020 Page 8.of 8 There being no further business, on a motion duly made, seconded and passed,the meeting was adjourned. Ron Oler, President ATTEST: Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the Office of the City Clerk.