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Home My Public Portal About08-04-2008PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, AUGUST 4, 2008 The Common Council of the City of Richmond, Indiana met in regular session Monday, August 4, 2008 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR ELSTRO President Parker 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. APPROVAL OF MINUTES Councilor Welch moved to approve the minutes of the meeting of July 28, 2008, with a second by Councilor Pappin. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS RESOLUTION NO. 8 — 2008 - A RESOLUTION AMENDING THE RICHMOND RIVERFRONT DEVELOPMENT DISTRICT The Clerk read Resolution No. 8 -2008 by title only. Presented by Renee Oldham, Main Street Richmond -Wayne County, this Resolution would amend the Riverfront Development District boundaries to include the "Depot District ". The boundaries are the same as the current Depot District Conservation District. The Riverfront designation allows for discounted 3- way liquor licenses to encourage restaurant development. Speaking in favor were Steve Terzini, Little Shebas /Zini's and Jason Whitney, Joes Pizza. Opposed were Chris West, The Wheel; Don Lamp, Coney Island; Frank DeVito, former owner of The Wheel and James Smith, owner of Talley Ho. Councilors Quinn, Wissel and Welch and City Attorney Chidester will meet to discuss proposed revisions to this Resolution. Resolution No. 8 -2008 will be held until August 18. COMMUNICATION FROM THE MAYOR ■ The State of Indiana has extended the deadline for the 2009 Budgets. The City of Richmond schedule will continue as advertised. ■ Thank you to Councilors Cruse - Nicholson and Parker for attending the Department Budget meetings. ■ Ordinance No. 87 -2007 — A General Ordinance Repealing and Reenacting Chapter 124 of the City of Richmond Code (Smoking in Public Places) will be heard on second reading August 18. Common Council Minutes August 4, 2008 Page 2 of 4 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the July 17 & 24, 2008 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS HUMAN RIGHTS COMMISSION — NOMINATIONS FOR BOARD VACANCY: Councilor Cruse - Nicholson nominated Barry Kramer. This will be held until the August 18 meeting to allow for additional nominations. MISCELLANEOUS BUSINESS ■ Councilor Elstro asked if it is mandatory for building addresses to be visible on the main structure and the garage. Tony Foster, Metropolitan Development, stated that garage numbers are not required in the Municipal Code. Inspections are not made for this infraction; however, if there is another violation at that address, it is added to the ticket. ■ Councilor Welch asked about regulations for Police Cruisers on emergency runs. Several have been seen going through intersections without lights or sirens and between the two lanes of traffic. Mayor Hutton suggested reporting the identification number on the cruiser so the officer can be contacted. She also will ask Police Chief Wolski to look into this matter. ■ Catherine Hester, Park Department Golf Division, reviewed the income /expense report for the Golf Division January 1 — June 30 -2008. Additional 2007 figures will be provided at the August 18 meeting. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance No. 59 -2008 on first reading by title only with a second by Councilor Welch on a vote viva voce, the motion passed. ORDINANCE NO. 59 -2008 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF TRANSPORTATION (Roseview Transit) The Clerk read Ordinance No. 59 -2008 on first reading by title only. Presented by Terri Quinter, Rose View Transit, this Ordinance would authorize the City of Richmond, by and through Rose View Transit, to submit a grant application and to accept grant funding in an amount up to One Million Eighty Nine Thousand Eight Hundred Fifty -Five Dollars and Zero Cents ($1,089,855.00). If awarded, said funding would be appropriated to assist with operating expenses and capital improvements for Rose View Transit in 2009. The City of Richmond would provide up to One Hundred Eighty -Two Thousand Ninety -Five Dollars and Zero Cents ($182,095.00) in local funds towards transportation services in 2009. Tony Foster, Metropolitan Development, announced there will be a Public Hearing regarding this Grant on August 11, 10:00 AM, in the Community Room of the Municipal Building. Councilor Welch moved to advance Ordinance No. 59 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 59 -2008 on second reading by title only. Common Council Minutes August 4, 2008 Page 3 of 4 Council President Parker declared Ordinance No. 59 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 59 -2008, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Wissel moved to advance Ordinance No. 59 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Miller. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 59 -2008 on third reading by title only. Ordinance No. 59 -2008 was adopted with a 9 -0 roll call vote ORDINANCES ON SECOND READING ORDINANCE NO. 28 -2008 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM 0-1, GREENBELT DISTRICT, TO R -4, MULTI - FAMILY RESIDENTIAL DISTRICT (301 Greenbriar Drive) The Clerk read Ordinance No. 28 -2008 on second reading by title only. Presented by Tony Foster, this Ordinance is a petition to rezone the property at 301 Greenbrier Drive from 0-1 Greenbelt District to R -4 Multi- family Residence District in order to allow a developer to build four duplexes on the property. The Planning Staff recommended approval of the rezoning. Hearings were held before the Richmond Advisory Plan Commission on April 24 and May 29, 2008. The Commission was presented with a petition of 75 neighbors opposed to the development. The Plan Commission voted unanimously to recommend denial of the rezoning. Council President Parker declared Ordinance No. 28 -2008 on second reading and public hearing. Gordon Moore, Beals /Moore, presented a revised plan on behalf of the Petitioners. Speaking in favor was Christie Klinge, Arboretum Swim Club President and Tim Cummings, Cummings Properties, LLC. Against the Ordinance were neighboring residents Thom Herrman, Mark Fulle and Gene Schultz. Councilor Elstro moved for engrossment of Ordinance No. 28 -2008, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Wissel moved to advance Ordinance No. 28 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Miller. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 28 -2008 on third reading by title only Ordinance No. 28 -2008 was denied with a 0 -9 roll call vote ORDINANCE NO. 49 -2008 — A GENERAL ORDINANCE AMENDING CHAPTER 96 OF RICHMOND CODE REGARDING THE USE OF STREETS AND SIDEWALKS Presented by Tony Foster, Director of Metropolitan Development, this Ordinance would amend Chapter 96 of the Richmond Municipal Code to establish the permitting process for special events and allow specified streetscape objects, limited sales of merchandise and seating to be placed on sidewalks which would bring aesthetic quality and livelihood to our public streets and sidewalks with restricted limitations. A revised Ordinance was distributed to Council members in their packets. Councilor Miller moved to amend the Ordinance to reflect the proposed revisions, supported by Councilor Welch. Upon a vote viva voce, the motion passed. Council President Parker declared Ordinance No. 49 -2008 as amended on second reading and public hearing. Speaking in favor was Renee Oldham and Roger Richert, business owner. There being no comments against the Ordinance, Councilor Wissel moved for engrossment of Ordinance No. 49 -2008 as amended, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Common Council Minutes August 4, 2008 Page 4 of 4 Councilor Wissel moved to advance Ordinance No. 49 -2008 as amended to third and final reading and suspend the rules and read by title only, supported by Councilor Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 49 -2008 as amended on third reading by title only. Ordinance No. 49 -2008 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 Larry Parker Larry Parker, President ATTEST: S/S Karen Chasteen Karen Chasteen, City Clerk