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