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HomeMy Public PortalAbout09-07-2010PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, SEPTEMBER 7, 2010 The Common Council of the City of Richmond, Indiana met in regular session September 7, 2010 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR 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: Mayor Sally Hutton; City Attorney Walt Chidester, City Controller Tammy Glenn and Joyce Carr of the City Clerk's Office. Government students from Richmond High School were also in attendance. APPROVAL OF MINUTES Mr. Parker moved to approve the minutes of the meeting of August 16, 2010 as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR • U.S. 40 West — South lane is complete • Activities this upcoming weekend include the Kids Parade, the Wayne County Historic Museum Heritage Days and the Fourth Annual Starr - Gennett Walk of Fame • The City is applying for a grant to replace two firefighters for two years REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the August 12, 19 and 26, 2010, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS None MISCELLANEOUS BUSINESS None Common Council Minutes September 7, 2010 Page 2 of 5 ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 26, 27, 28, 29, 30, 31, 38 & 40 -2010 on first reading by title only, supported by Mr. Wissel. Upon a vote viva voce, the motion passed. ORDINANCE 26- 2010 -AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2011 BUDGET Ms. Carr read Ordinance No. 26 -2010 on first reading by title only. This Ordinance is the proposed 2011 Budget. Ordinance No. 26 -2010 will be read on second reading on September 20. ORDINANCE 27 -2010- AN APPROPRIATION ORDINANCE AUTHORIZING A REDUCTION IN APPROPRIATIONS FROM CERTAIN FUNDS Ms. Carr read Ordinance No. 27 -2010 on first reading by title only Presented by Ms. Glenn, this Ordinance reflected reductions in the Parks and Recreation and the General Funds for 2010. Ms. Pappin moved to amend Ordinance 28 -2010 to change the last two words on page 1 to Fire Department and on page two the work Engineering to Police, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 27 -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. Ms. Carr read Ordinance No. 27 -2010 as amended on second reading by title only. Council President Miller declared Ordinance No. 27 -2010 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 27 -2010 as amended, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 27 -2010 as amended to third and final reading and to suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Ms. Carr read Ordinance No. 27 -2010 as amended on third reading by title only. Ordinance No. 27 -2010 as amended was adopted with a 9 -0 roll call vote. ORDINANCE 28 -2010- AN ORDINANCE TO PETITION FOR A SHORTFALL APPEAL DUE TO ERONEOUS ASSESSED VALUE Ms. Carr read Ordinance No. 28 -2010 on first reading by title only Presented by Ms. Glenn, this Ordinance would authorize the City of Richmond to file an appeal to the Local Government Tax Control Board and Department of Local Government Finance for a property tax shortfall, due to erroneous assessed valuation, pursuant to IC 6 -1.1- 18.5 -16. This appeal shall be filed with the Department of Local Government Finance office in Indianapolis. Mr. Welch moved to advance Ordinance No. 28 -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. Ms. Carr read Ordinance No. 28 -2010 on second reading by title only. Common Council Minutes September 7, 2010 Page 3 of 5 Council President Miller declared Ordinance No. 28 -2010 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 28- 2010, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 28 -2010 to third and final reading and suspend the rules and read by title only, supported by Mr. Wissel. Upon a vote viva voce, the motion passed. Ms. Carr read Ordinance No. 28 -2010 on third reading by title only. Ordinance No. 28 -2010 was adopted with a 9 -0 roll call vote. ORDINANCE 29 -2010- AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 2011 Ms. Carr read Ordinance No. 29 -2010 on first reading by title only. Presented by Ms. Glenn, this Ordinance would establish the salaries for all elected City Officers for 2011. Ordinance No. 29 -2010 will be heard on second reading on September 20, 2010. ORDINANCE 30 -2010- AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2011 SALARY ORDINANCE Ms. Carr read Ordinance No. 30 -2010 on first reading by title only. Presented by Ms. Glenn, this Ordinance would establish salaries for all municipal employees for 2011. Ordinance No. 30 -2010 will be heard on second reading on September 20, 2010. ORDINANCE 31 -2010- AN APPROPRIATION SERVICES FROM THE RICHMOND SANITARY POWER & LIGHT, MOTOR VEHICLE HIGHWAY FUNDS TO THE GENERAL FUND IN 2011 ORDINANCE AUTHORIZING PAYMENT FOR DISTRICT, ROSEVIEW TRANSIT, RICHMOND AND PARK AND RECREATION DEPARTMENT Ms. Carr read Ordinance No. 31 -2010 on first reading by title only. Presented by Ms. Glenn, this Ordinance would authorize payment for personnel services to be transferred to the General Fund pursuant to the allocations named therein. Ordinance No. 31 -2010 will be heard on second reading on September 20, 2010. ORDINANCE 38 -2010 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE UNITED STATES FEDERAL AVIATION ADMINISTRATION Ms. Carr read Ordinance No. 38 -2010 on first reading by title only. This Ordinance would authorize the City of Richmond to submit a grant application to the United States Federal Aviation Administration to assist with the costs associated with the rehabilitation and construction of the Terminal Apron and Taxiway located at the Richmond Municipal Airport. The City of Richmond would be authorized to accept said grant funding in an amount up to One Million Nine Hundred Twelve Thousand Six Hundred Twenty -one Dollars ($1,912,621) from the Federal Aviation Administration and to accept Twenty -five Thousand One Hundred Sixty -six Dollars ($25,166) from the Indiana Department of Transportation. The City of Richmond would be required to match a maximum of Seventy -five Thousand Common Council Minutes September 7, 2010 Page 4 of 5 Four Hundred Ninety -eight Dollars ($75,498) for the local match, so long as the Indiana Department of Transportation pays the amount of Twenty -five Thousand One Hundred Sixty -six Dollars ($25,166). If the grant is awarded to the City of Richmond, said funds from the United States Federal Aviation Administration in the amount of $1,912,621, and the local match from the Indiana Department of Transportation in the amount of $25,166, and the local match from the City of Richmond in the amount of $75,498 shall be appropriated for assistance with the costs associated with rehabilitation and construction of the Terminal Apron and Taxiway located at the Richmond Municipal Airport. Mr. Welch moved to advance Ordinance No. 38 -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. Ms Carr read Ordinance No. 38 -2010 on second reading by title only. Council President Miller declared Ordinance No. 38 -2010 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Cruse - Nicholson moved for engrossment of Ordinance No. 38 -2010, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 38 -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. Ms. Carr read Ordinance No. 38 -2010 on third reading by title only. Ordinance No. 38 -2010 was adopted with an 8 -1 roll call vote. Dissenting was Mr. Quinn. ORDINANCE NO. 40 -2010 - A SPECIAL ORDINANCE AUTHORIZING THE DESIGNATION OF UTILITY INVESTMENT OFFICER AND DESIGNATION OF DEPOSITORIES FOR THE INVESTMENT OF RICHMOND POWER AND LIGHT UTILITY FUNDS PURSUANT TO INDIANA CODE 5 -13 -9 Ms. Carr read Ordinance No. 40 -2010 on first reading by title only. This Ordinance would authorize the Finance Manager employed by the Richmond Power and Light utility to be designated as the officer having the custodial care, expenditure, and investment of utility money to invest or reinvest surplus money of the Richmond Power and Light utility in the manner prescribed by Indiana Code 5 -19 -9 and that the Finance Manager for the Richmond Power and Light utility use the City of Richmond Designated Depository List in order to invest or reinvest the surplus money of the Richmond Power and Light utility. Mr. Wissel moved to advance Ordinance No. 40 -2010 to second reading and to suspend the rules and read by title only, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Ms. Carr read Ordinance No. 40 -2010 on second reading by title only. Council President Miller declared Ordinance No. 40 -2010 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 40- 2010, supported by Mr. Pappin. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 40 -2010 to third and final reading and suspend the rules and read by title only, supported by Mr. Wissel. Upon a vote viva voce, the motion passed. Ms. Carr read Ordinance No. 40 -2010 on third reading by title only Ordinance No. 40 -2010 was adopted with a 9 -0 roll call vote. Common Council Minutes September 7, 2010 Page 5 of 5 ORDINANCES ON SECOND READING ORDINANCE NO. 36 -2010 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ALLEY -west of S 9th between M & N Streets) Ms. Carr read Ordinance No. 36 -2010 on second reading by title only. Presented by George Sowers, Attorney for the Petitioner, this Ordinance is a petition to vacate a portion of the public way (alley) west of South 9th Street running north and south between South "N" and South "M Streets. The vacation would allow additional development next to the existing J's Restaurant. Mr Sowers noted Exhibit A, Petition, paragraphs a, b, c & d should be amended to read: a. The extent to which the vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to; b. The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient; c. The vacation would not hinder the public's access to a church, school or other public building or place; d. The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Mr. Wissel moved to amend Exhibit "A" as noted by Mr. Sowers, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Council President Miller declared Ordinance No. 36 -2010 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 36 -2010 as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 36 -2010 as amended to third and final reading and to suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Ms. Carr read Ordinance No. 36 -2010 as amended on third reading by title only. Ordinance No. 36 -2010 as amended was adopted with a 9 -0 roll call vote. 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