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Home My Public Portal About03-16-2009PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, MARCH 16, 2009 The Common Council of the City of Richmond, Indiana met in regular session Monday, March 16, 2009 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR GOODWIN President Wissel 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 Parker moved to approve the minutes of the meeting of March 2, 2009, supported by Councilor Pappin. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR ■ A meeting relative to projects along the Chester Boulevard (US27N) corridor will be held in Vivian Auditorium on March 17 at 6:30 PM. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY ■ Minutes of the February 26 and March 5, 2009 meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS ■ The Human Rights Director's Report for December 1, 2008 thru February 28, 2009 was distributed to Council members. ■ Fire Chief Crawley reported that Fire House No. 6 was officially closed March 16. Assistant Chief Oscar Abner and Battalion Chief Jerry Purcell will be attending the Fairview Neighborhood Association meeting to discuss and distribute new maps of Fire Department districts. ■ Police Chief Wolski clarified the plans for the Police Information Desk. ONLY the Information Desk will be closed from 11 PM on Fridays through Monday, 6 AM. All calls during that time will be directed to the Wayne County Emergency Dispatch for response. The level of Police protection will remain the same. MISCELLANEOUS BUSINESS None Common Council Minutes March 16, 2009 Page 2 of 5 Councilor Elstro moved to suspend the rules and read Ordinance No. 12 -2009 on first reading by title only, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. ORDINANCES ON FIRST READING ORDINANCE NO. 12 -2009 — AN ORDINANCE RE- ESTABLISHING THE CITY OF RICHMOND CUMULATIVE CAPITAL DEVLOPMENT FUND The Clerk read Ordinance No. 12 -2009 on first reading by title only. Presented by City Controller, Tammy Glenn, this Ordinance would re- establish the Cumulative Capital Development Fund beginning in the year 2010. Councilor Parker moved to accept the Proof of Publication as provided by Ms. Glenn, supported by Councilor Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 12 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 12 -2009 on second reading and public hearing. In order to allow taxpayers the opportunity to be heard, Ordinance No. 12 -2009 was held on second reading and public hearing until the April 6, 2009 meeting. ORDINANCES ON SECOND READING ORDINANCE NO. 22 -2008 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6- 1.1- 12.1(lnnatech, LLC) The Clerk read Ordinance No. 22 -2008 on second reading by title only. This Ordinance is a request of Innatech, LLC for a 10 -year tax abatement for manufacturing equipment valued at $12,780,500. The Tax Abatement Committee recommended approval. Council President Wissel declared Ordinance No. 22 -2008 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Welch moved for engrossment of Ordinance No. 22 -2008 as amended, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 22 -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. 22 -2008 on third reading by title only. Ordinance No. 22 -2008 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 23 -2008 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6- 1.1- 12.1(lnnatech, LLC) The Clerk read Ordinance No. 23 -2008 on second reading by title only. This Ordinance is a request of Innatech, LLC for a 10 -year tax abatement for real estate valued at $2,513,574. The Tax Abatement Committee recommended approval. Common Council Minutes March 16, 2009 Page 3 of 5 Council President Wissel declared Ordinance No. 23 -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. 23 -2008 as amended, supported by Councilor Miller. Upon a vote viva voce, the motion passed. Councilor Miller moved to advance Ordinance No. 23 -2008 to third and final reading and suspend the rules and read by title only, supported by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 23 -2008 on third reading by title only. Ordinance No. 23 -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 second reading by title only. Amendments proposed by City Attorney, Walt Chidester were: 1) pg. 3 — under the definition of ambulance, replaced the word sea with water; 2) pgs. 8 & 9 — struck the fee portion in Level III for residents and include a third asterisk ** *Richmond residents shall not be charged for extraction rescue services as the result of a motor vehicle accident. However, fees consistent with the remainder of services provided (including but not limited to hazardous material spill control or medical services) shall be charged; and 3) pg. 9 — added the following sentence to Section 80.10: In the event a responsible party or user provides proof of duplicate billing from a private emergency responder company dispatched to the same accident or incident, the portions of the invoice sent by the Richmond Fire Department representing the duplicate services shall be retracted. Councilor Parker moved to incorporate Mr. Chidester's recommended amendments, supported by Councilor Miller. Upon a vote viva voce, the motion passed. Council President Wissel declared Ordinance No. 75 -2008 as amended on second reading and public hearing. Speaking in favor was Sean Staton, President of Firefighters Union Local 1408. There being no comments against the Ordinance, Councilor Cruse - Nicholson moved for engrossment of Ordinance No. 75 -2008 as amended, supported by Councilor Elstro. Upon a vote viva voce, the motion passed. Councilor Cruse - Nicholson moved to advance Ordinance No. 75 -2008 as amended 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. 75 -2008 as amended on third reading by title only. Ordinance No. 75 -2008 as amended was adopted with a 9 -0 roll call vote. (Councilors Cruse - Nicholson and Pappin will serve on a committee to establish billing procedures.) ORDINANCE NO. 2 -2009 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R -4, TO R -4 SPECIAL USE (126 N 7th St) The Clerk read Ordinance No. 2 -2009 on second reading by title only. This Ordinance is a petition to rezone the property at 126 North 7th Street from R -4 Multi Family Residence District to R -4 Multi Family Residence Special Use District in order to allow the owner to develop the property for a Financial Services Office. Councilor Wissel presented the Planning Staff Recommendations which included the following commitments: The parking area at the rear must meet Richmond Off - Street Parking standards; The sign Common Council Minutes March 16, 2009 Page 4 of 5 plan will be installed as submitted; And any change of business plan that alters the nature of the business, particularly in regard to employees or customer traffic, would require an amendment to the rezoning ordinance; Per Section IC 36 -7 -4 -921 a commitment is binding on: The owner of the parcel; A subsequent owner of the parcel; and A person who acquires an interest in the parcel. In the event that any of the aforementioned restrictions or requirements of the Richmond City Code are not met in full, the Special Use Rezoning is at that moment in violation of the Richmond City Code. Councilor Parker moved to incorporate the commitments as recommended by the Planning Staff, supported by Councilor Miller. Upon a vote viva voce, the motion passed. Council President Wissel declared Ordinance No. 2 -2009 as amended on second reading and public hearing. Speaking in favor was George Sowers, attorney for the Petitioner. There being no comments against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 2 -2009 as amended, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 2 -2009 as amended to third and final reading and suspend the rules and read by title only, supported by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 2 -2009 as amended on third reading by title only. Ordinance No. 2 -2009 as amended was adopted with a 9 -0 roll call vote. ORDINANCE NO. 6 -2009 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM M -1, TO M -1 SPECIAL USE (168 Ft. Wayne Ave) The Clerk read Ordinance No. 6 -2009 on second reading by title only. This Ordinance is a petition to rezone the property at 168 Fort Wayne Avenue from M -1 Light Industrial District to M -1 Light Industrial Special Use District in order to allow the owner to establish a restaurant in the building. Councilor Wissel presented the Planning Staff Recommendations which included the following commitments: A letter of commitment is maintained providing a minimum of three parking spaces within 300 feet of the building; And any change of business plan that alters the nature of the business, particularly in regard to amount of public space used for the restaurant, would require an amendment to the rezoning ordinance; Per Section IC 36 -7 -4 -921 a commitment is binding on: The owner of the parcel; A subsequent owner of the parcel; and A person who acquires an interest in the parcel. In the event that any of the aforementioned restrictions or requirements of the Richmond City Code are not met in full, the Special Use Rezoning is at that moment in violation of the Richmond City Code. Councilor Miller moved to incorporate the commitments as recommended by the Planning Staff, supported by Councilor Quinn. Upon a vote viva voce, the motion passed. Council President Wissel declared Ordinance No. 6 -2009 as amended on second reading and public hearing. Speaking in favor was George Sowers, attorney for the Petitioner. Speaking in favor was Trisha Williams, Petitioner. There being no comments against the Ordinance, Councilor Elstro moved for engrossment of Ordinance No. 6 -2009 as amended, supported by Councilor Cruse - Nicholson. Upon a vote viva voce, the motion passed. Councilor Welch moved to advance Ordinance No. 62009 as amended to third and final reading and suspend the rules and read by title only, supported by Councilor Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 6 -2009 as amended on third reading by title only. Ordinance No. 6 -2009 as amended was adopted with a 9 -0 roll call vote. Common Council Minutes March 16, 2009 Page 5 of 5 ORDINANCES ON THIRD READING ORDINANCE NO. 9 -2009 - AN ORDINANCE AMENDING ORDINANCE NO. 46 -2004 (Sewer Utility Rates) The Clerk read Ordinance No. 9 -2009 on third reading by title only. This Ordinance would establish increased fees for the treatment and disposal of sewage and other waste discharged in the sewerage system Ordinance No. 9 -2009 was adopted by a 7 -2 roll call vote. Dissenting were Councilors Welch and Parker. ORDINANCE NO. 10 -2009 — AN ORDINANCE AMENDING SECTION 59 -07(B) AND (C) OF THE RICHMOND CITY CODE SETTING FORTH STORM WATER RATES AND CHARGES The Clerk read Ordinance No. 10 -2009 on third reading by title only. This Ordinance would establish increase storm water rates and charges. Ordinance No. 10 -2009 was adopted by a 7 -2 roll call vote. Dissenting were Councilors Welch and Parker. CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. S/S Bruce Wissel Bruce Wissel, President ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, CIVIC City Clerk