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HomeMy Public PortalAbout05-18-2009PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, MAY 18, 2009 The Common Council of the City of Richmond, Indiana met in regular session Monday, May 18, 2009 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY MR. MILLER President Wissel presided 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 Mayor Sally Hutton, City Attorney Walt Chidester, Assistant City Attorney Kim Vessels, City Clerk Karen Chasteen, Sanitary District Superintendent Sam Lahanis, Parks and Recreation Superintendent Bill Thistlethwaite, City Controller Tammy Glenn, Purchasing Director Vicki Robinson, Metropolitan Development Director Tony Foster, Deputy City Clerk Monica Burns, Detective Brad Berner and Police Chief Kris Wolski. APPROVAL OF MINUTES Mr. Quinn moved to amend the minutes of the meeting of May 4, 2009, as follows: Ordinance No. 20- 2009 was adopted with an 8 -0 roll call vote and Ordinance No. 22 -2009 was adopted with a 7 -1 roll call vote. Dissenting was Mr. Quinn., supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Quinn moved to approve the minutes as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS ■ Detective Berner reported on the recent rash of burglaries and sexual assaults. Mr. Berner asked that citizens be aware of their surroundings and report out -of- the - ordinary events /people to the police for investigation. COMMUNICATION FROM THE MAYOR ■ Mayor Hutton introduced Bill Thistlethwaite, Superintendent of Parks and Recreation ■ Over 250 members and friends of the Wesleyan Church participated in a community service day this past weekend ■ $20,000 has been raised to date for the All American City presentation REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the April 30 and May 7, 2009 meetings were accepted as presented. Common Council Minutes May 18, 2009 Page 2 of 6 REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS ■ HUMAN RIGHTS COMMISSION: Ms. Cruse - Nicholson nominated Mario Simpson to serve on the HRC Board of Directors. This nomination was held until the June 1 meeting at which time additional nominations may be received. ■ URBAN ENTERPRISE ASSOCIATION: Mr. Goodwin moved to reappoint Dick Foore to the UEA Board of Directors, supported by Mr. Quinn. Upon a vote viva voce, the motion passed. MISCELLANEOUS BUSINESS ■ Mr. Elstro reported the Richmond Fire Department Memorial Service on Friday, May 16, was outstanding and he hopes more people will attend in the future. ■ The June 15 meeting of Common Council has been rescheduled to June 29, 7:30 pm. ■ ORDINANCE NO. 52 -2008 —AN ORDINANCE IMPOSING THE RICHMOND FOOD AND BEVERAGE TAX was withdrawn by Mr. Chidester. ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 23, 24, 25, 26, 29, 31 & 32 -2009 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. ORDINANCE NO. 23 -2009 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R -3 TO C -4 (Tract 3) The Clerk read Ordinance No. 23 -2009 on first reading by title only. This Ordinance would change the real estate located at 5120 Old National Road to C -4 General Business District in order to allow the owner to use develop the tract as commercial property. Ordinance No. 23 -2009 was referred to the Plan Commission for public hearing at its meeting on May 28, 2009. ORDINANCE NO. 24 -2009 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM M -1 TO R -4 Tract 1) The Clerk read Ordinance No. 24 -2009 on first reading by title only. This Ordinance would change the real estate located south of South 52nd Street and west of South 52nd Street to R -4 General Business District in order to allow the owner to use develop the tract as commercial property. Ordinance No. 24 -2009 was referred to the Plan Commission for public hearing at its meeting on May 28, 2009. ORDINANCE NO. 25 -2009 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM M -1 TO C -4 (Tract 2) The Clerk read Ordinance No. 25 -2009 on first reading by title only. This Ordinance would change the real estate located at 5523 Old National Road to C -4 General Business District in order to allow the owner to use develop the tract as commercial property. Common Council Minutes May 18, 2009 Page 3 of 6 Ordinance No. 25 -2009 was referred to the Plan Commission for public hearing at its meeting on May 28, 2009. ORDINANCE NO. 26 -2009 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE (RPD) The Clerk read Ordinance No. 26 -2009 on first reading by title only. Presented by Mr. Wolski, this Ordinance would authorize the City of Richmond Police Department to submit a grant application to the U.S. Department of Justice and to accept said federal grant funding in an amount up to One hundred Ninety Four Thousand Five Hundred Dollars and Zero Cents ($194,500.00). Mr. Welch moved to advance Ordinance No. 26 -2009 to second reading and to 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. 26 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 26 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 26- 2009, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Ms. Pappin moved to advance Ordinance No. 26 -2009 to third and final reading and 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. 26 -2009 on third reading by title only. Ordinance No. 26 -2009 was adopted with an 8 -0 roll call vote. Abstaining was Mr. Miller. ORDINANCE NO. 29 -2009 — AN ORDINANCE AMENDING SECTIONS 53.05(v) AND 53.14 OF THE RICHMOND CITY CODE SETTING FORTH SEWER RATES AND CHARGES The Clerk read Ordinance No. 29 -2009 on first reading by title only. Presented by Mr. Chidester, this Ordinance would amend Section 53.05(v) and 53.14 of the Richmond City Code as follows: 53.05 (v) (6) "SANITARY DISTRICT STORMWATER SERVICES USER" — Any residential, commercial, governmental, or institutional user, as defined above, whose property is located outside the corporate boundaries of the City of Richmond, and whose property located within the boundaries of the Richmond Sanitary District or whose property is connected to and benefits from the sewer system maintained and operated by the City of Richmond through the Richmond Sanitary District. 53.14 SCHEDULE OF RATES AND CHARGES a. TREATMENT RATE RATE PER 1, 000 GALLONS PER MONTH Residential /Commercial $3.03 Industrial 2.70 2_ b. MONTHLY BASE RATE (ALL CLASSES) WATER METER SIZE: 518 or % inch 10.74 1 inch 33.13 1 -112 inch 73.58 2 inch 3 inch 4 inch C. UN- METERED CUSTOMERS CHARGE PER MONTH Common Council Minutes May 18, 2009 Page 4 of 6 125.07 284.37 492.72 25.85 d. INDUSTRIAL SURCHARGES BOD (PER POUND) 0.52 SUSPENDED SOLIDS PER POUND 0.52 e. Monthly Sanitary District Stormwater Charge for Sanitary District Stormwater Services Users $6.00 for single family residential properties $4.50 for all properties other than single family residential properties plus a variable rate of $1.50 charge for each additional 2,980 square feet of impervious area on said property. f. Charges shall be collected from the owners or occupants of each and every lot, parcel of real estate, or building that is connected with the sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the Sanitary District. g. For metered water users, the charges shall be based on the quantity of water used on or in the property or premises, as the same is measured by the water meter there in use, plus a base rate for the size of the water meter installed. For the purpose of billing and collecting the charges for sewage service, the water meter shall be read or estimated monthly and the user shall be billed each month or period equaling a month. h. For unmetered water users or in situations where accurate meter readings are not available, the monthly charges shall be as set forth in subsection (c) above. Sewage bills shall be rendered once each month or period equaling a month. i. For the service rendered to any City departments or agencies, the City shall be subject to the same rates and charges as any other customer. j. In order to recover the cost of monitoring industrial wastes, the District shall charge the user the actual cost incurred for each sample. k. No free service shall be provided to any user of the wastewater treatment facility. (Ord. 93- 1995). Ordinance No. 29 -2009 will be heard on second reading and public hearing on June 29, 2009. ORDINANCE NO. 31 -2009 - A SPECIAL ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ENTER INTO A MUNICIPAL LEASE AGREEMENT TO FINANCE A GUARANTEED ENERGY SAVINGS CONTRACT The Clerk read Ordinance No. 31 -2009 on first reading by title only. Presented by Mrs. Glenn, this Ordinance would approve the form of the Agreement with Bank of America, authorize the execution of the completed Contract and authorize the execution of closing documents Common Council Minutes May 18, 2009 Page 5 of 6 relative to the Guaranteed Energy Savings Contract with Ameresco for upgrades and installation of various savings and conservation measures in the City Building and Fire Station No. 1. Mr. Elstro moved to advance Ordinance No. 31 -2009 to second reading and to 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. 31 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 31 -2009 on second reading and public hearing. Mr. Welch questioned if a solar panel would produce enough power to be practical. Mr. Parker asked that prior to the installation of the solar panel, an engineer from Richmond Power and Light evaluate the feasibility of the panel. Upon a vote viva voce, the motion passed. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 31 -2009, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 31 -2009 to third and final reading and suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Miller moved to recall Ordinance No. 31 -2009 to second reading, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Parker moved to rescind engrossment, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Parker moved to amend Schedule A to reflect a total project amount of One million four hundred thirty thousand five hundred twenty dollars ($1,430,520) and an interest rate of 3.983 %, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Parker moved for engrossment of Ordinance No. 31 -2009 as amended, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 31 -2009 as amended to third and final reading and suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 31 -2009 as amended on third reading by title only. Ordinance No. 31 -2009 as amended was adopted with an 8 -1 roll call vote. Dissenting was Mr. Quinn. ORDINANCE NO. 32 -2009 - A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ROAD) (Eastside Commercial Park — 1.65 acres) The Clerk read Ordinance No. 32 -2009 on first reading by title only. Presented by Tony Foster, this Ordinance would vacate up to 816 feet of Old National Road between Commer's Creek and 5523 Old National Road. This portion would be used for commercial and multifamily residential development. Ordinance No. 32 -2009 was referred to the Plan Commission for public hearing at its meeting on May 28, 2009. ORDINANCES ON SECOND READING ORDINANCE NO. 21 -2009 — AN ORDINANCE AMENDING ORDINANCE NO. 85 -2006, THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (TBK) Common Council Minutes May 18, 2009 Page 6 of 6 The Clerk read Ordinance No. 21 -2009 on second reading by title only. This Ordinance is a request of TBK America that Ordinance No. 85 -2006 and the original SB -1 be amended to consider the actual amount of investment in the amount of One Million Seven Hundred Fifty Nine Thousand Two Hundred and Thirty Eight Dollars ($1,759,238). Ordinance No. 21 -2009 was referred to the Tax Abatement Committee for due diligence. 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 Bruce Wissel Bruce Wissel, President ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk