The URL can be used to link to this page

Home My Public Portal About07-06-2009PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, JULY 6, 2009 The Common Council of the City of Richmond, Indiana met in regular session Monday, July 6, 2009 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY MR. PARKER President Wissel presided and the following business was conducted: ROLL CALL Councilors present were Howard "Jack" Elstro, Kelley Cruse - Nicholson, Bruce Wissel, Clay Miller, Larry Parker, Robert Goodwin, Diana Pappin and Phil Quinn. Absent was Bing Welch. Also present were: Mayor Sally Hutton; City Attorney Walt Chidester; Police Chief Kris Wolski; Ryan and Bob Wotherspoon; Scott Zimmerman, City Planner; John Oberle, Chair of the Richmond Historic Preservation Commission; Tammy Glenn, City Controller; Doug Goss, Department of Information and Technology; Gordon Moore, Civil Engineer and George Sowers, Attorney. APPROVAL OF MINUTES Mr. Pappin moved to approve the minutes of the meeting of June 25, 2009, supported by Mr. Parker. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS A. RESOLUTION NO. 6-2009—A RESOLUTION AMENDING ORDINANCE NO. 3167 -1976 FIXING THE NUMBER OF RESERVE POLICE OFFICERS OF THE CITY OF RICHMOND, INDIANA Presented by Chief Wolski, this Resolution would allow the Police Department to reinstitute the Reserve Officer Program. Resolution No. 6 -2009 was stricken. Further research will determine if a Resolution or Ordinance is necessary for this action. COMMUNICATION FROM THE MAYOR ■ Mayor Hutton thanked American Legion Post 65 for the excellent display of fireworks. ■ Ms. Hutton reported on the progress of the Clean Water for Garden City benefit concert and introduced Bob and Ryan Wotherspoon. Bob Wotherspoon has "spear- headed" the Clean Water project and Ryan is the featured performer at the concert on July 16. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the June 25, 2009 meeting were accepted as presented. Common Council Minutes July 6, 2009 Page 2 of 5 REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS None MISCELLANEOUS BUSINESS • Mr. Parker received several phone calls from residents about fireworks after midnight. This will be researched. • Mr. Zimmerman introduced John Oberle as the Chair of the Richmond Historic Preservation Commission. Their first program will be held at the Gennett Mansion on July 22. ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 36 & 39 -2009 on first reading by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. ORDINANCE NO. 36 -2009 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE U.S. DEPARTMENT OF ENERGY, NATIONAL ENERGY TECHNOLOGY LABORATORY The Deputy Clerk read Ordinance No. 36 -2009 on first reading by title only. Presented by Mr. Zimmerman, this Ordinance would authorize the City of Richmond Department of Metropolitan Development to submit a grant application to the U.S. Department of Energy, National Energy Technology Laboratory and to accept grant funding in an amount up to One Hundred Sixty Nine Thousand Two Hundred Dollars and Zero Cents ($169,200.00). Said grant funding shall be appropriated to assist with expenses of LED traffic lights and costs associated with preparing a new transportation plan. Ms. Pappin moved to advance Ordinance No. 36 -2009 to second reading and to suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 36 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 36 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Cruse - Nicholson moved for engrossment of Ordinance No. 36 -2009, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 36 -2009 to third and final reading and suspend the rules and read by title only, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 36 -2009 on third reading by title only. Ordinance No. 36 -2009 was adopted with an 8 -0 roll call vote. ORDINANCE NO. 39 -2009 - AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS FROM CERTAIN FUNDS The Deputy Clerk read Ordinance No. 39 -2009 on first reading by title only. Presented by Mr. Goss, this Ordinance would authorize the appropriation of Ninety Thousand Dollars and No Cents ($90,000.00) to the Rainy Day Fund. Common Council Minutes July 6, 2009 Page 3 of 5 Mr. Elstro moved to advance Ordinance No. 39 -2009 to second reading and to suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 39 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 39 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Cruse - Nicholson moved for engrossment of Ordinance No. 39 -2009 as amended, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 39 -2009 to third and final reading and suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 39 -2009 on third reading by title only. Ordinance No. 39 -2009 was adopted with a 7 -1 roll call vote. Dissenting was Mr. Miller. ORDINANCES ON SECOND READING ORDINANCE NO. 35 -2009 - A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ROAD) The Deputy Clerk read Ordinance No. 35 -2009 on second reading by title only. This Ordinance would vacate a portion of Old National Road. This would be used for commercial and multifamily residential development. Mr. Miller moved to amend to add the following commitments: • All utility easements will be described and recorded; • The property owner will grant an access easement for the public to cross the property which will be described and recorded; • The Richmond Department of Metropolitan Development will have the right to approve the design of access through and across the property; • It is understood that access will not be granted when the road is closed for development of the adjoining property; • The City of Richmond will be responsible for up -keep of the vacated portion of Old National Road but may back charge the property owner for those expenses once the road is closed for construction on the adjoining property; and • Per Section IC 36 -7 -4 -921 a committee is binding on: the owner of the parcel; a subsequent owner of the parcel, and a person who acquires an interest in the parcel. The motion was supported by Ms. Pappin. Upon a vote viva voce, the motion passed Council President Wissel declared Ordinance No. 35 -2009 as amended on second reading and public hearing. Speaking in favor were Mr. Moore and Mr. Sowers. There being no comments against the Ordinance, Mr. Miller moved for engrossment of Ordinance No. 35 -2009 as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Ms. Cruse - Nicholson moved to advance Ordinance No. 35 -2009 as amended to third and final reading and suspend the rules and read by title only, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 35 -2009 as amended on third reading by title only Ordinance No. 35 -2009 as amended was adopted with an 8 -0 roll call vote. Common Council Minutes July 6, 2009 Page 4 of 5 ORDINANCE NO. 23 -2009 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R -3 TO C -4 (5120 Old National Road) The Deputy Clerk read Ordinance No. 23 -2009 on second reading by title only. This Ordinance would change the real estate located at 5120 Old National Road to C -4 General Business District in order to allow the owner to use develop the tract as commercial property. Council President Wissel declared Ordinance No. 23 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 23- 2009 as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Ms. Cruse - Nicholson moved to advance Ordinance No. 23 -2009 to third and final reading and suspend the rules and read by title only, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 23 -2009 on third reading by title only. Ordinance No. 23 -2009 was adopted with an 8 -0 roll call vote. ORDINANCE NO. 24 -2009 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM M -1 TO R -4 (South 52nd Street) The Deputy Clerk read Ordinance No. 24 -2009 on second reading by title only. This Ordinance would change the real estate located south of South 52nd Street and west of South 52nd Street to R -4 General Business District in order to allow the owner to use develop the tract as commercial property. Council President Wissel declared Ordinance No. 24 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Cruse - Nicholson moved for engrossment of Ordinance No. 24 -2009 as amended, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Ms. Cruse - Nicholson moved to advance Ordinance No. 24 -2009 to third and final reading and suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 24 -2009 on third reading by title only. Ordinance No. 24 -2009 was adopted with an 8 -0 roll call vote. ORDINANCE NO. 25 -2009 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM M -1 TO C -4 (South 52nd Street) The Deputy Clerk read Ordinance No. 25 -2009 on second reading by title only. This Ordinance would change the real estate located at 5523 Old National Road to C -4 General Business District in order to allow the owner to use develop the tract as commercial property. Council President Wissel declared Ordinance No. 24 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 24- 2009 as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 24 -2009 to third and final reading and suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 24 -2009 on third reading by title only Common Council Minutes July 6, 2009 Page 5 of 5 Ordinance No. 24 -2009 was adopted with an 8 -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 Bruce Wissel Bruce Wissel, President ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk