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Home My Public Portal About12-03-2007PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, DECEMBER 3, 2007 The Common Council of the City of Richmond, Indiana met in regular session Monday, December 3, 2007, in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY REV. HARZMAN OF CENTRAL METHODIST CHURCH President Pappin presided and the following business was conducted: ROLL CALL Councilors present were Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Karl Sharp, Bing Welch, Larry Parker, Al Glover and Diana Pappin. Absent was Gil Klose. Also attending were Centerville High School government students: Hannah Paul, Patty Flood, Lacy Haney, Nicholas Cole, Skyler Ather and Terry Burkhardt. APPROVAL OF MINUTES Councilor Parker moved to approve the minutes of the meeting of November 19, 2007, with a second by Councilor Glover. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS Dr. Allen Bourff, Superintendent of Richmond Community Schools will speak to Council on December 17 COMMUNICATION FROM THE MAYOR ■ Leaf collection is complete for 2007 ■ The Salvation Army Christmas Show is December 6 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the November 15 & 21, 2007 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS City Controller Tammy Glenn reported the City has received a substantial advance draw from the 2007 property tax distribution. This payment will reduce the amount to be borrowed to $6,750,000 in lieu of $10 million. REPORTS FROM STANDING COMMITTEES - None REPORTS FROM SPECIAL COMMITTEES - None REPORTS FROM ORGANIZATIONS ■ WAYNE COUNTY TOURISM BOARD APPOINTMENTS — The Board of Directors of the Wayne County Tourism Board recommended Linda VonPein, owner of Advanced Travel of America, to represent the Travel Industry and Sandy Baker, General Manager of Lees Inn of Richmond, to Common Council Minutes December 3, 2007 Page 2 of 4 represent the lodging industry to serve two year terms beginning January 1, 2008 and ending December 31, 2009. Councilor Lundy moved to approve the Tourism Board recommendations, with a second by Councilor Parker. Upon a vote viva voce, the motion passed. MISCELLANEOUS BUSINESS Council President Pappin read a letter of commendation from the Board of Aviation Commissioners honoring Councilor Karl Sharp for his many years of attendance to the Aviation Board meetings. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 55, 84, 85 & 87 -2007 on first reading by title only with a second by Councilor Lundy. Upon a vote viva voce, the motion passed. ORDINANCE NO. 55 -2007 — A GENERAL ORDINANCE AMENDING CHAPTER 91: ANIMALS OF THE CITY OF RICHMOND CODE The Clerk read Ordinance No. 55 -2007 on first reading by title only. This Ordinance would amend Chapter 91 of the Municipal Code. Chapter 91 contains provisions regarding animals and animal control. The proposed amendments relate to Sections 91.17- Trapping of Animals Prohibited, 91.18- Breeding Regulations and 91.19 -Free Roaming Cats. Ordinance No. 55 -2007 was held on first reading pursuant to a request of the Law Department and will be discussed at a meeting of the Committee of the Whole on January 28, 2008, 7:00 PM in the Council Chambers. ORDINANCE NO. 84 -2007 — AN APPROPRIATION ORDINANCE AMENDING THE 2007 BUDGET (Fire Dept.) The Clerk read Ordinance No. 84 -2007 on first reading by title only. Presenting this Ordinance was Fire Chief Mike Crawley. This Ordinance would transfer funds within the 2008 Fire Department budget. Councilor Welch moved to advance Ordinance No. 84 -2007 to second reading and to suspend the rules and read by title only with a second by Councilor Sharp. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 84 -2007 on second reading by title only. Council President Pappin declared Ordinance No. 84 -2007 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 84 -2007 with a second by Councilor Welch. Upon a vote viva voce, the motion passed. Councilor Lundy moved to advance Ordinance No. 84 -2007 to third and final reading and suspend the rules and read by title only with a second by Councilor Elstro. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 84 -2007 on third reading by title only. Ordinance No. 84 -2007 was adopted with an 8 -0 roll call vote. ORDINANCE NO. 85 -2007 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE FIRE PREVENTION & SAFETY GRANT PROGRAM Common Council Minutes December 3, 2007 Page 3 of 4 The Clerk read Ordinance No. 85 -2007 on first reading by title only. Presenting this Ordinance was Fire Marshall Bobby Farris. This Ordinance would authorize the Fire Department to submit a grant application to obtain funds and to accept said funding in an amount up to Eight Thousand Thirty Two Dollars. These funds would be used to procure a Fire Extinguisher Training System and Classroom Videos. Councilor Wissel moved to advance Ordinance No. 85 -2007 to second reading and to suspend the rules and read by title only with a second by Councilor Sharp. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 85 -2007 on second reading by title only. Council President Pappin declared Ordinance No. 85 -2007 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Lundy moved for engrossment of Ordinance No. 85 -2007 with a second by Councilor Welch. Upon a vote viva voce, the motion passed. Councilor Elstro moved to advance Ordinance No. 85 -2007 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 85 -2007 on third reading by title only. Ordinance No. 85 -2007 was adopted with an 8 -0 roll call vote. ORDINANCE NO. 87 -2007 — A GENERAL ORDINANCE TO REPEAL CHAPTER 124 ENTITLED: ENVIRONMENTAL TOBACCO SMOKE IN PUBLIC ACCOMMODATIONS AND REENACT IT WITH THE TITLE: SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT The Clerk read Ordinance No. 87 -2007 on first reading by title only Presenting this Ordinance was Assistant City Attorney Kenyata Cox. This Ordinance would repeal Chapter 124 of the Municipal Code, which is entitled Environmental Tobacco Smoke in Public Accommodations. This Chapter would then be reenacted with the title Smoking in Public Places and Places of Employment. Ordinance No. 87 -2007 will be discussed at a meeting of the Committee of the Whole on January 14, 2008, 7:00 PM, in the Council Chambers. ORDINANCES ON SECOND READING ORDINANCE NO. 80 -2007 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMEN TOF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Vandor- equipment) The Clerk read Ordinance No. 80 -2007 on second reading by title only. This Ordinance is a request from Vandor Corporation for a 10 -year tax abatement for equipment valued at $2,780,000. Councilor Wissel noted two items that were purchased within the State of Indiana and cannot be abated and moved the amount of the Tax Abatement be $2,750,000. There was a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Tax Abatement Committee recommended approval of Ordinance No. 80 -2007 as amended. Council President Pappin declared Ordinance No. 80 -2007 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 80 -2007 with a second by Councilor Welch. Upon a vote viva voce, the motion passed. Common Council Minutes December 3, 2007 Page 4 of 4 Councilor Welch moved to advance Ordinance No. 80 -2007 to third and final reading and suspend the rules and read by title only with a second by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 80 -2007 on third reading by title only. Ordinance No. 80 -2007 was adopted with an 8 -0 roll call vote. ORDINANCES ON THIRD READING ORDINANCE NO. 62 -2007 — A SPECIAL ORDINANCE VACATING A DEDICATED ROADWAY (100 blk of NW 20 "' St) The Clerk read Ordinance No. 62 -2007 on third reading by title only. This Ordinance is a petition to vacate Northwest 20th Street north of Living Word Christian Church and is part of a proposal to develop the area bordering Northwest 20th Street into eight single - family residential units. This Ordinance was heard by Plan Commission at public hearing on September 27. The Plan Commission voted unanimously to recommend approval of the vacation. Ordinance No. 62 -2007 was adopted with a 5 -3 roll call vote. Dissenting were Councilors Welch, Parker and Pappin. CALL FOR ADJOURNMENT There being no further business, the meeting was adjourned S/S Diana Pappin Diana Pappin, President ATTEST: S/S Karen Chasteen Karen Chasteen, City Clerk