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HomeMy Public PortalAbout03-17-2014PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MARCH 17, 2014 The Common Council of the City of Richmond, Indiana met in regular session March 17, 2014 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR HOLLIS President Miller called the meeting to order and the following business was conducted: ROLL CALL Present were: Howard "Jack" Elstro, Kelley Cruse - Nicholson, Bruce Wissel, Clayton Miller, Don Winget, Larry Parker, Misty Hollis, Ron Oler and Phil Quinn. Also in attendance were Walt Chidester, City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; Human Resources Sue Roberson; Dave Snow; Park Department Community Recreation Alisha Estabrook; Building Inspector Bruce Oesterling; Joe Schroeder; Carol Isaac; Nick Wilson; Police Chief Kris and Linda Wolski; Communities in Schools Kim Bachman; Metropolitan Development Tony Foster; Fire Chief Jerry Purcell, Karl Elsrod, Mike Seal, Tim Clark Shaun Statton; Park Superintendent Bill Thistlethwaite; Sergeant at Arms; and, Media. APPROVAL OF MINUTES Councilor Winget moved to approve the minutes of the meeting held March 3, 2014, supported by Councilor Parker. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS • Communities in Schools reviewed their activities and involvement to better the lives of students. COMMUNICATION FROM THE MAYOR • This is Indiana Severe Weather Week — there will be toronado drills on Thursday. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the February 27 & March 6, 2014, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS • The Department of Metropolitan Development presented a summary of the Blight Elimination Program sponsored by the Indiana Housing and Community Development Authority. An Application for funds will be submitted by the City of Richmond. MISCELLANEOUS BUSINESS • Councilor Cruse - Nicholson reminded the public that April is Child Abuse Awareness Month. Common Cou=1 Minutes March 17, 2014 Page 2 of 4 • Thank you to the former Controller, Tammy Glenn, for her years of service. ORDINANCES ON FIRST READING Councilor Elstro moved to suspend the rules and read Ordinance Nos 11, 13, 14 & 15 -2014 on first reading by title only, supported by Councilor Cruse- Nicholson. Upon a vote viva voce, the motion passed. ORDINANCE NO. 11 -2014 - AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS FROM CERTAIN FUNDS (Fire and Police Departments) The Clerk read Ordinance No. 11 -2014 on first reading by title only. This Ordinance would allow appropriations to the Police and Fire Department budgets. Ordinance No. 11 -2014 was advanced to second reading. ORDINANCE NO. 13 -2014 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATIONS OF A GRANT FROM THE WAYNE COUNTY, INDIANA. FOUNDATION (Park Department Concerts) The Clerk read Ordinance No. 13 -2014 on first reading by title only. This Ordinance would authorize the submittal of a grant application to the Wayne County Foundation and to accept grant funding in amount not to exceed Six Thousand Dollars and Zero Cents ($6,000.00). If awarded, these funds shall be appropriated to fund concerts held by the Parks Department. Councilor Wissel moved to advance Ordinance No. 13 -2014 to second reading, suspend the rules and read by title only, supported by Councilor Winget. Upon a vote viva voce, the motion carried. The Clerk read Ordinance No. 13 -2014 on second reading by title only. Council President Miller declared Ordinance No. 13 -2014 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Cruse - Nicholson moved for engrossment of Ordinance No. 13 -2014, supported by Councilor Oler. Upon a vote viva voce, the motion passed. Councilor Elstro moved to advance Ordinance No. 13 -2014 to third and final reading and suspend the rules and read by title only, supported by Councilor Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 13 -2014 on third reading by title only. Ordinance No. 13 -2014 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 14 -2014 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE WAYNE COUNTY, INDIANA, FOUNDATION (Pedestrian and Bicycle Master Plan) The Clerk read Ordinance No. 14 -2014 on first reading by title only. This Ordinance would authorize the submittal of a grant application to the Wayne County Foundation and to accept grant funding in amount not to exceed Five Thousand Dollars and Zero Cents ($5,000.00). If awarded, these funds shall be appropriated to fund the Community-Wide Pedestrian and Bicycle Master Plan. Councilor Wissel moved to advance Ordinance No. 14 -2014 to second reading, suspend the rules and read by title only, supported by Councilor Winget. Upon a vote viva voce, the motion carried. Common Council Minutes March 17, 2014 Page 3 Of 4 The Clerk read Ordinance No. 14 -2014 on second reading by title only. Council President Miller declared Ordinance No. 14 -2014 on second reading and public hearing. There being no comments for or against the Ordinance, Councilor Cruse - Nicholson moved for engrossment of Ordinance No. 14 -2014, supported by Councilor Elstro. Upon a vote viva voce, the motion passed. Councilor Elstro moved to advance Ordinance No. 14 -2014 to third and final reading and suspend the rules and read by title only, supported by Councilor Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 14 -2014 on third reading by title only. Ordinance No. 14 -2014 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 15 -2014 — A GENERAL ORDINANCE AMENDING CHAPTERS 98 UNSAFE BUILDINGS AND 158 HISTORIC DISTRICTS (Richmond Municipal Code) The Clerk read Ordinance No. 15 -2014 on first reading by title only. This Ordinance would amend Chapter 98 and 158 in order to resolve future conflicts that may arise in connection with properties that will be issued pre - hearing orders by the City's Enforcement Authority in order that owners of a given property or other interested persons may not circumvent the Unsafe Building Law by seeking Interim Protection of a particular property. Ordinance No. 15 -2014 will be forwarded to the Unsafe Building Commission, the Historic Preservation Commission and the Plan Commission for review. Each Commission is to submit a written report to Council with recommendations, suggested amendments/deletions, alternatives, etc. The majority of each Commission's members who approve the respective Commission's report should sign their Commission's report. These reports should be filed with the City Clerk by noon on May 13, 2014 so they may be included with Council packe6ts for consideration at the May 19, 2014 Council meeting. Ordinance No. 15 -2014 was held on first reading. ORDINANCES ON SECOND READING ORDINANCE NO. 1 -2014 - A SPECIAL ORDINANCE VACATING A PUBLIC WAY (South "M" and 15th Streets) The Cleric read Ordinance No. 1 -2014 on second reading by title only. This Ordinance is a request to vacate a portion of the 1300 block of South 15"' Street. This request will return land not planned for a roadway to the adjoining property owner. Councilor Wissel read the Richmond Advisory Plan Commission report which included the following: ... the Richmond Sanitation Department requested an access easement 20 'wide on the west side of the vacated right -of -way to access sewer lines behind properties on South "L" Street Based on that information, staff recommended approval of the vacation with that condition and the following Findings of Fact. 1. The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to since the land is unlikely to be developed for residential purposes. 2. The vacation would not make access to lands owned by others by means of a public right -of -way difficult or inconvenient because the property owner still has access from a right -of -way at South `M" and South 15th Street. Common Council Minutes Mach 17, 2014 Page 4 of 4 3. The vacation would not hinder the public's access to a church, school or other public building or place because those structures are not adjacent to this property. 4. The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous because residences block the potential of extending South I e Street to South V Street and there are no plans to ever do so. Council President Miller declared Ordinance No. 1 -2014 on second reading and public hearing. Speaking to the Ordinance was Carol Lynn Isaacs of 1316 Boyer Street, Richmond, Indiana who requested public records as follows: 1, a woman, accept your oath as bond to uphold the Constitution for the United States of America and the Indiana State Constitution and the Common Law of England according to the hierarchy of law. I require of the man Jack, the man R. Bruce, the man Don, the man Clayton, the man Larry, the man Ronald, the man Phillip, the man Walt and I require the woman Kelley, the woman Misty, the woman Sally and the woman Karen to provide their Oaths of Office with the regulations and certifications, Bond number, Errors and Omissions, liability carrier and contact information for the compliance Officer and the same for the Underwriter. I trust that what you are to administrate is not part of or under Ordinance No. 1. There being no comments against the Ordinance, Councilor Wissel moved for engrossment of Ordinance No. 1, 2014, supported by Councilor Winget. Upon a vote viva voce, the motion carried. Councilor Parker moved to advance Ordinance No. 1 -2014 to thins and final reading and suspend the rules and read by title only, supported by Councilor Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 1 -2014 on third reading by title only. Ordinance No. 1 -2014 was adopted with a 9--0 roll call vote. ORDINANCES ON THIRD READING ORDINANCE NO. 2-2014 — AN ORDINANCE AUTHORIZING THE ANNUAL COMPENSATION AND BENEFITS OF RICHMOND FIREFIGHTERS Ordinance No. 2 -2014 was defeated by a 4-4 roll call vote on March 3, 2014. Councilor Quinn moved to reconsider this vote, supported by Councilor Oler. The motion carried with a 6 -3 roll call vote. Dissenting were Councilors Wissel, Parker and Miller. Ordinance No. 2 -2014 was approved with a 5-4 roll call vote. Dissenting were Councilors Wissel, Parker, Hollis and Miller. CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. J. I er, President ATTE Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the Office of the City Clerk.