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HomeMy Public PortalAbout10-06-2008PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, OCTOBER 6, 2008 The Common Council of the City of Richmond, Indiana met in regular session Monday, October 6, 2008 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR PARKER 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 Pappin moved to approve the Minutes of the meeting of September 15, 2008 and a Memorandum of Proceedings of a Special Meeting on September 29, 2008, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR ■ The Street Department will pick up leaves within the City limits. The Sanitary District will pick up "bagged" leaves in the District's area outside the City limits. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the September 4, 11 and 25, 2008 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS ■ FINANCE COMMITTEE: Councilor Cruse - Nicholson was appointed to represent Council. The first meeting will be November 19, 10 AM in the Law Department Conference Room. MISCELLANEOUS BUSINESS ■ Richmond High School Government students were in attendance. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos. 68, 72, 73, 74, 75, 76 & 77 -2008 on first reading by title only, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Common Council Minutes October 6, 2008 Page 2 of 5 ORDINANCE NO. 68 -2008 — A GENERAL ORDINANCE AMENDING CHAPTER 76, SCHEDULE II OF RICHMOND CODE REGARDING STREETS AND AREAS WHERE PARKING IS PROHIBITED AT ALL TIMES The Clerk read Ordinance No. 68 -2008 on first reading by title only. Presented by the Traffic Division Captain, Terry Hopkins, this Ordinance would modify the direction of traffic in certain alleys in the central business district. Councilor Wissel moved to advance Ordinance No. 68 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Miler. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 68 -2008 on second reading by title only. Council President Parker declared Ordinance No. 68 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Cruse - Nicholson moved for engrossment of Ordinance No. 68 -2008, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 68 -2008 to third and final reading and 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. 68 -2008 on third reading by title only. Ordinance No. 68 -2008 was adopted with a 9 -0 roll call vote ORDINANCE NO. 72 -2008 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM M -1, TO M -1 SPECIAL USE (2119 Peacock Road) The Clerk read Ordinance No. 72 -2008 on first reading by title only. Presented by the Director of Metropolitan Development, Tony Foster, this Ordinance is a petition to rezone the property at 2119 Peacock Road from M -1 Industrial District to M -1 Industrial Special Use District in order to allow a permanent auto auction to be established on the property. Ordinance No. 72 -2008 was referred to the Plan Commission for public hearing at its meeting on October 23, 2008. ORDINANCE NO. 73 -2008 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE UNITED STATES CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (Park — RSVP) The Clerk read Ordinance No. 73 -2008 on first reading by title only. Presented by Christy Mosey, Business Manager for the Department of Parks and Recreation, this Ordinance would authorize the City of Richmond Department of Parks and Recreation to submit, accept and administer a grant from the United States Corporation for National and Community Service in the amount of Thirty -eight Thousand Three Hundred Eighty -four Dollars ($38,384). A local match of 30% is required in the amount of Eleven Thousand Five Hundred Fifteen Dollars and Twenty Cents ($11,515.20) of which Six Thousand Dollars ($6,000.00) shall be from the 2009 Park Department budget. The remainder of the local match would be made by fundraisers and donations. If awarded, these funds would be appropriated to fund programs and services provided by the Retired and Senior Volunteer Program. Councilor Wissel moved to advance Ordinance No. 73 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Welch. Upon a vote viva voce, the motion passed. Common Council Minutes October 6, 2008 Page 3 of 5 The Clerk read Ordinance No. 73 -2008 on second reading by title only Council President Parker declared Ordinance No. 73 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 73 -2008, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 73 -2008 to third and final reading and 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. 73 -2008 on third reading by title only. Ordinance No. 73 -2008 was adopted with a 9 -0 roll call vote ORDINANCE NO. 74 -2008 — AN APPROPRIATION ORDINANCE AMENDING THE 2008 BUDGET (Park) The Clerk read Ordinance No. 74 -2008 on first reading by title only. Presented by Park Superintendent, Sonia Brock, this Ordinance is a request of the Department of Parks and Recreation to transfer Eighteen Thousand Dollars ($18,000) from Other Equipment to Fleet Gas and Oil. Councilor Wissel moved to advance Ordinance No. 74 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Miler. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 74 -2008 on second reading by title only. Council President Parker declared Ordinance No. 74 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Pappin moved for engrossment of Ordinance No. 74 -2008, supported by Councilor Welch. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 74 -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. 74 -2008 on third reading by title only. Ordinance No. 74 -2008 was adopted with a 9 -0 roll call vote ORDINANCE NO. 75 -2008 — AN ORDINANCE AUTHORIZING THE RECOVERY OF COSTS FOR EMERGENCY MEDICAL SERVICES PROVIDED BY THE RICHMOND FIRE DEPARTMENT; ESTABLISHING FEE SCHEDULES; AND APPROVING APPROPRIATIONS OF FEE PAYMENTS The Clerk read Ordinance No. 75 -2008 on first reading by title only. Presented by Fire Chief, Mike Crawley, this Ordinance would allow the City of Richmond to bill responsible parties or their insurance companies for emergency ambulance response services that are provided by the Richmond Fire Department. Ordinance No. 75 -2008 will be discussed at a meeting of the Committee of the Whole on October 27, 2008, 7:00 PM, in the Council Chambers. ORDINANCE NO. 76 -2008 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM SIA FOUNDATION, INC. The Clerk read Ordinance No. 76 -2008 on first reading by title only Common Council Minutes October 6, 2008 Page 4 of 5 Presented by Blair Beach, the Community Events Coordinator for the Department of Parks and Recreation, this Ordinance would authorize the City of Richmond Department of Parks and Recreation to submit, accept and administer a grant from Subaru of Indiana Automotive, Inc. through its program SIA Foundation, Inc. in the amount up to Five Thousand Dollars ($5,000). If awarded, these funds would be appropriated to assist with the expenses of obtaining new equipment and storage materials for the Just Us Kids Outdoors Program. Councilor Wissel moved to advance Ordinance No. 76 -2008 to second reading and to suspend the rules and read by title only, supported by Councilor Miler. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 76 -2008 on second reading by title only. Council President Parker declared Ordinance No. 76 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 76 -2008, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 76 -2008 to third and final reading and 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. 76 -2008 on third reading by title only. Ordinance No. 76 -2008 was adopted with a 9 -0 roll call vote ORDINANCE NO. 77 -2008 — AN APPROPRIATION ORDINANCE AMENDING THE 2008 BUDGET (RPD) The Clerk read Ordinance No. 77 -2008 on first reading by title only. Presented by Police Chief Kris Wolski, this Ordinance is a request of the Police Department to transfer Seven Thousand Dollars ($7,000) from Technical Services to Fleet Gas and Oil. Councilor Welch moved to advance Ordinance No. 77 -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. 77 -2008 on second reading by title only. Council President Parker declared Ordinance No. 77 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Cruse - Nicholson moved for engrossment of Ordinance No. 77 -2008, supported by Councilor Wissel. Upon a vote viva voce, the motion passed. Councilor Elstro moved to advance Ordinance No. 77 -2008 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. 77 -2008 on third reading by title only. Ordinance No. 77 -2008 was adopted with a 9 -0 roll call vote ORDINANCES ON SECOND READING 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 second reading by title only Common Council Minutes October 6, 2008 Page 5 of 5 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. Council President Parker declared Ordinance No. 87 -2007 on second reading and public hearing. Councilor Pappin moved to accept Ordinance No. 87 -2007 as revised with the cover letter dated October 1, 2008 as the current version, supported by Councilor Miller. The motion passed with a 6 -3 roll call vote. Dissenting were Councilors Welch, Pappin and Quinn. Councilor Welch moved to strike paragraph 124.01(d), supported by Councilor Miller. The motion failed with a 3 -6 roll call vote. Dissenting were Councilors Elstro, Cruse - Nicholson, Wissel, Pappin, Goodwin and Quinn. Councilor Miller moved to strike section 124.04 in its entirety, supported by Councilor Welch. The motion passed with an 8 -1 roll call vote. Dissenting was Councilor Quinn. Councilor Welch moved to strike paragraphs 2 and 3 in Section 124.02, supported by Councilor Miller. The motion failed with a 4 -5 roll call vote. Dissenting were Councilors Elstro, Cruse - Nicholson, Pappin, Goodwin and Quinn. Councilor Welch moved to amend paragraph 124.07 (b) to read: A person who owns, manages, operates or otherwise controls a public place and who fails to comply with the provisions of this Chapter shall be guilty of an infraction, punishable by.... , supported by Councilor Miller. Upon a vote viva voce, the motion passed. Councilor Welch moved to amend paragraph 124.07(b)(1) A fine of Fifty Dollars ($50)...; 124.07(b)(2) A fine of One Hundred Dollars ($100)...; and 124.07(b)(3) A fine of Two Hundred and Fifty Dollars ($250). .., supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Ordinance No. 87 -2007 was continued to October 20, 2008 on second reading. 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