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Home My Public Portal About12-07-2009PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, DECEMBER 7, 2009 The Common Council of the City of Richmond, Indiana met in regular session Monday, December 7, 2009 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY MS. PAPPIN 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. Also present were: Bill Thistlethwaite, Park Superintendent; Tony Foster, Department of Metropolitan Development; Bill Harris, City of Richmond Human Resources; Tammy Glenn, City Controller; Lynn Johnstone; Dave Dorston; Barry Cramer; Renee Oldham, Center City Development; Steve Terzini, Renee Miller, Roger Richert, Rick and Cathy Parker, Phil Morgan, Tom Broyles and Rick Bolen, Depot District; Mike Shipman, Wayne County Prosecuting Attorney; Gallo Molina; Jeff Lane; and Danille Brookshire Steinberger. APPROVAL OF MINUTES Mr. Parker moved to amend the proposed minutes of November 16, 2009 to correct the spelling of the last name of Jim Grimm and with regard to Ordinance No. 48 -2009 to read Ordinance No. 48 -2009 was held on second reading upon the recommendation of Mr. Chidester, supported by Ms. Cruse - Nicholson and to approve as amended. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS ■ RESOLUTION NO. 11 -2009 —A RESOLUTION OF RICHMOND COMMON COUNCIL AND MAYOR SUPPORTING THE PASSAGE BY THE INDIANA GENERAL ASSEMBLY OF A BILL KNOWN AS "DREW'S LAW" The Clerk read Resolution No. 11 -2009 in its entirety WHEREAS, Danille Brookshire Steinberger lost her unborn son in a crash on Wernle Road in Richmond, Indiana, on New Year's Eve, 2007, at the hands of an allegedly impaired driver; and WHEREAS, No provision currently exists under Indiana Law that would allow prosecutors to hold those who drive negligently or who drive while impaired criminally responsible for the death of an unborn child; and WHEREAS, Indiana State Senator Allen Paul of Richmond has authored a bill known as "Drew's Law" that would make coming such an act a Felony offense and which bill is scheduled to go before the Indiana General Assembly during its next term; and Common Council Minutes December 7, 2009 Page 2 of 6 WHEREAS, Approximately thirty -six (36) states currently have a law similar to "Drew's Law" in place; and WHEREAS, "Drew's Law" has the full backing and support of Wayne County Prosecutor Michael Shipman; and WHEREAS, the Mayor and the Common Council of the City of Richmond believe it is in the best interests of the City of Richmond to acknowledge the City's support of "Drew's Law" NOW THEREFORE, BE IT RESOLVED by the Mayor and the Common Council of the City of Richmond that the Mayor and the Common Council firmly support the passage of "Drew's Law" in the 2010 Indiana General Assembly. Speaking in favor of Resolution No. 11 -2009 was Ms. Steinberger and Mr. Shipman. Mr. Miller requested he be allowed to abstain from voting due to a potential conflict. Ms. Cruse - Nicholson moved to allow Mr. Miller's abstention, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Mr. Parker moved to adopt Resolution No. 11 -2009, supported by Mr. Welch. Upon a vote viva voce, the motion passed. COMMUNICATION FROM THE MAYOR ■ Commended the Street Department for their work during the area's first snow REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the November 12 & 19, 2009, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS • URBAN ENTERPRISE ASSOCIATION BOARD MEMBER NOMINATION Nominations will continue to be accepted. • WAYNE COUNTY CONVENTION & TOURISM BUREAU BOARD MEMBER NOMINATIONS The Tourism Bureau requested that Linda VonPein, Travel Industry, and Sandy Baker, Lodging Industry, be appointed as members of the Tourism Bureau Board for an additional term beginning January 1, 2010 and ending December 31, 2011. Ms. Pappin moved to approve this request, supported by Mr. Miller. Upon a vote viva voce, the motion passed. • ECONOMIC DEVELOPMENT COMMITTEE MEMBER NOMINATIONS Ms. Pappin nominated Brett Guiley to serve on the Economic Development Committee. This nomination will be held until December 21, 2009. This will allow the opportunity for additional nominations. Common Council Minutes December 7, 2009 Page 3 of 6 MISCELLANEOUS BUSINESS • Mr. Wissel announced that a caucus of the Republican members of Common Council will be held on December 29, 521 SW 20th Street, 6:30 p.m. The purpose of this caucus is to nominate officers and make board appointments for 2010. • A reception will be held on December 17 to honor Wayne Jackson, Building Commissioner, who is retiring. • A copy of the Preliminary Official Statement dated November 20, 2009 for the City of Richmond Park District Bonds in the amount of $1,995,000 is available in the Clerk's Office. ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 65, 71 & 72 -2009 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. ORDINANCE NO. 65 -2009 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA FINANCE AUTHORITY (Metro) The Clerk read Ordinance No. 65 -2009 on first reading by title only. Presented by Mr. Foster, this Ordinance would authorize the City of Richmond to submit a grant application to the Indiana Finance Authority and to accept grant funding in an amount up to Twelve Thousand Dollars and zero cents ($12,000.00). If awarded, said funds shall be appropriated to defray the costs of demolition and removal of the old Indiana Gas Building located at 16 East Main Street. Mr. Miller moved to advance Ordinance No. 65 -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 Clerk read Ordinance No. 65 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 65 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 65- 2009, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Welch moved to advance Ordinance No. 65 -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 Clerk read Ordinance No. 65 -2009 on third reading by title only. Ordinance No. 65 -2009 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 71 -2009 - AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF NATURAL RESOURCES (Park) The Clerk read Ordinance No. 71 -2009 on first reading by title only. Presented by Mr. Thistlethwaite, this Ordinance would authorize the City of Richmond through its Department of Parks and Recreation to submit a grant application to the Indiana Department of Natural Resources and to accept grant funding in an amount up to Fifteen Thousand Dollars and zero cents ($15,000.00). If awarded, said funds shall be appropriated to fund the park system tree inventory and a park system forest management plan. Common Council Minutes December 7, 2009 Page 4 of 6 Mr. Welch moved to advance Ordinance No. 71 -2009 to second reading and to suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 71 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 71 -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. 71 -2009, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 71 -2009 to third and final reading and suspend the rules and read by title only, supported by Mr. Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 71 -2009 on third reading by title only. Ordinance No. 71 -2009 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 72 -2009 — AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS FROM CERTAIN FUNDS (Finance) The Clerk read Ordinance No. 72 -2009 on first reading by title only. Presented by Ms. Glenn, this Ordinance would authorize the re- appropriation of funds from Health Insurance that was unspent at the end of 2008 to cover the 27th payroll for several departments and additional appropriations for fuel at the Airport and for Worker's Compensation coverage. Mr. Elstro moved to advance Ordinance No. 72 -2009 to second reading and to suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 72 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 72 -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. 72 -2009, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 72 -2009 to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 72 -2009 on third reading by title only. Ordinance No. 72 -2009 was adopted with an 8 -1 roll call vote. Dissenting was Mr. Miller. ORDINANCES ON SECOND READING ORDINANCE NO. 48 -2009 — AN ORDINANCE CREATING A PASSPORT ACCEPTANCE AGENCY (Clerk) The Clerk read Ordinance No. 48 -2009 on second reading by title only. This Ordinance would create an Agency within the City Clerk's Office to receive Passport applications and authorize the City Clerk's Office to receive the Administration fees on behalf of the City. Council President Wissel declared Ordinance No. 48 -2009 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 48 -2009, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Common Council Minutes December 7, 2009 Page 5 of 6 Mr. Elstro moved to advance Ordinance No. 48 -2009 to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 48 -2009 on third reading by title only. Ordinance No. 48 -2009 was defeated with a 4 -5 roll call vote. Dissenting were Messrs. Miller, Welch, Goodwin, Quinn and Ms. Pappin. ORDINANCE NO. 66 -2009 - AN ORDINANCE CREATING CHAPTER 62 OF CITY CODE ESTABLISHING RIVERFRONT DISTRICTS AND GUIDELINES FOR ALL RIVERFRONT DISTRICTS (Metro) The Clerk read Ordinance No. 66 -2009 on second reading by title only. Council President Wissel declared Ordinance No. 66 -2009 on second reading and public hearing. Speaking in favor were Messrs. Richert and Broyles and Ms. Oldham. Speaking against were Messrs. Molina and Morgan. Mr. Parker moved to amend paragraph 6, b. to delete the word fifth, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Ms. Pappin moved to replace Redevelopment Commission with Department of Metropolitan Development in paragraphs 6 and 9, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Ms. Pappin moved to insert new paragraphs 8 and 9 as follows 8. Businesses that hold a non - transferable permit to sell alcoholic beverages on premises for consumption in a restaurant within a riverfront district must prohibit smoking on its premises. Once a restaurant obtains a non - transferable permit to sell alcoholic beverages it shall not permit smoking on its premises. 9. Businesses that hold a non - transferable permit to sell alcoholic beverages on premises for consumption in a restaurant within a riverfront district must prohibit gaming or gambling on its premises. Once a restaurant obtains a non - transferable permit to sell alcoholic beverages it shall not permit gaming or gambling on its premises. This motion was supported by Mr. Miller. Upon a vote viva voce, the motion passed. Ms. Pappin moved to renumber original paragraph 8 to paragraph 10, and original paragraph 9 to paragraph 11, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Miller to add paragraph 12 as follows: 12. Should any section, paragraph, sentence, clause or phrase of this Chapter be properly declared unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected thereby. This motion was supported by Ms. Pappin. Upon a vote viva voce, the motion passed. Mr. Wissel recessed the meeting while Mr. Chidester amended this Ordinance for final review. After Council reconvened, Mr. Parker moved for engrossment of Ordinance No. 66 -2009 as amended, supported by Ms. Cruse - Nicholson Upon a vote viva voce, the motion passed. Common Council Minutes December 7, 2009 Page 6 of 6 Ms. Pappin moved to advance Ordinance No. 66 -2009 as amended to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 66 -2009 as amended on third reading by title only. Ordinance No. 66 -2009 as amended was adopted with a 7 -2 roll call vote. Dissenting were Messrs. Welch and Quinn. 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