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Home My Public Portal About10-07-2013PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, OCTOBER 7, 2013 The Common Council of the City of Richmond, Indiana met in regular session October 7, 2013 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR PARKER President Parker 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; Linda and Chief Kris Wolski; Jeff Norris, Director of Information and Technology; Terry Quinter, Manager of Roseview Transit; Bill Harris, Superintendent of the Sanitary District; Tony Foster, Director of Metropolitan Development; Rod Weiss and Gordon Moore representing Mint Properties; Bill Thistlethwaite, Superintendent of Parks and Recreation; Deanna Beaman; Sue Roberson, Director of Human Resources; Tammy Glenn, City Controller; several representatives of the Fire Department, Dave Burns; Sergeant -at -Arms and Media. APPROVAL OF MINUTES Mr. Wissel moved to approve the minutes of the meeting held September 16, 2013, supported by Mr. Winget. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR • Remembrance of former Councilor John Brown who passed away this week. • Leaf pick -up begins October 21 through December 19 — LEAVES ONLY. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the September 12, 2013 meeting was accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS None Common Council Minutes October 7, 2013 Page 2 of 6 MISCELLANEOUS BUSINESS • Re Amalgamated Transit Union, Local 1474 - Ms. Hollis asked for clarification of terms of the contract relative to dues, membership and employment. Mr. Chidester stated the following: Members are not required to have their dues withheld by City payroll. All employees, union and non - union, are represented by the bargaining unit, which is the Amalgamated Transit Union, Local 1474 As a condition of continued employment, all employees are required to pay dues or their fair share. ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 51, 52, 53, 54, 58, 59 & 61 -2013 on first reading by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. ORDINANCE NO. 51 -2013 — AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2014 BUDGET The Clerk read Ordinance No. 51 -2013 on first reading by title only. This Ordinance would establish the 2014 Annual Budget for the City of Richmond. The sums appropriated shall be held to include all expenditures authorized to be made during the year. Ms. Hollis moved to delete Eight Hundred Twenty Five Dollars and zero cents ($825.00) from Account No. 1350 - Clothing Allowance in the Controller's Office budget, supported by Mr. Wissel. Upon a vote viva voce, the motion carried. Dissenting was Mr. Elstro. Mr. Wissel moved to delete Fifty Five Thousand Dollars and zero cents ($55,000.00) from Account No. 4490 — Other Equipment in the First Response budget, supported by Ms. Hollis. The motion failed with a 4 -5 roll call vote. Dissenting were Councilors Elstro, Cruse - Nicholson, Winget, Oler and Quinn. Mr. Quinn moved to delete Two Hundred Forty Three Thousand Two Hundred Seven Dollars from the Department of Engineering budget and move it to the Department of Metropolitan Development and add a position of Assistant Director of Metropolitan Development. Ms. Glenn pointed out Council can reduce the budget and does not have the authority to increase the budget. This matter was taken under advisement. Mr. Wissel moved to advance Ordinance No. 51 -2013 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Ordinance No. 51 -2013 was held on second reading. ORDINANCE NO. 52 -2013 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 2014 The Clerk read Ordinance No. 52 -2013 on first reading by title only. This Ordinance would establish the compensation of the elected officials for the calendar year 2014. Due to the fact the salary of the Mayor is the lowest of all second class cities in the State, Mr. Oler moved to increase the salary of the Mayor by One Hundred Eighty One Dollars and sixty five cents ($181.65) bi- weekly which equates to Seventy Two Thousand Eight Hundred Dollars and zero cents ($72,800.00) Common Council Minutes October 7, 2013 Page 3 of 6 annually. This motion was supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion carried. Dissenting was Mr. Miller. Mr. Wissel moved to advance Ordinance No. 52 -2013 as amended to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 52 -2013 as amended on second reading by title only. Council President Parker declared Ordinance No. 52 -2013 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 52 -2013 as amended, supported by Mr. Winget. Upon a vote viva voce, the motion failed with a dissenting vote of Ms. Hollis. Ordinance No. 52 -2013 as amended will be heard on third reading October 21, 2013. ORDINANCE NO. 53 -2013 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2014 SALARY ORDINANCE The Clerk read Ordinance No. 53 -2013 on first reading by title only. This Ordinance would establish the salaries for all City employees except Police Officers and Firefighters; and, fixes the compensation of the deputies and employees of the Clerk's Office for the calendar year 2014. Mr. Miller moved to advance Ordinance No. 53 -2013 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion carried. Ms. Hollis requested a revised Ordinance to reflect annual salaries as well as the bi- weekly. Ordinance No. 53 -2013 will be held on second reading until October 21, 2013. ORDINANCE NO. 54 -2013 - AN APPROPRIATION ORDINANCE AUTHORIZING PAYMENT FOR SERVICES FROM THE RICHMOND SANITARY DISTRICT, ROSEVIEW TRANSIT, RICHMOND POWER & LIGHT, MOTOR VEHICLE HIGHWAY AND PARK AND RECREATION DEPARTMENT FUNDS TO THE GENERAL FUND IN 2014 The Clerk read Ordinance No. 54 -2013 on first reading by title only. This Ordinance would authorize receipt of funds from the Richmond Sanitary District, Roseview Transit, Richmond Power and Light, Motor Vehicle Highway and Park and Recreation Department to the General Fund in 2014 as payment for services rendered. Mr. Wissel moved to advance Ordinance No. 54 -2013 to second reading, suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion carried. Ordinance No. 54 -2013 was held on second reading until October 21, 2013. ORDINANCE NO. 58 -2013 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6.1 -12.1 ( Ahaus Tool) The Clerk read Ordinance No. 58 -2013 on first reading by title only. This Ordinance is a petition of Ahaus Tool & Engineering for a ten year tax abatement for equipment valued at Three Hundred Fifty Thousand Dollars and zero cents ($350,000.00). Common Council Minutes October 7, 2013 Page 4 of 6 Ordinance No. 58 -2013 was referred to the Tax Abatement Committee for due diligence ORDINANCE NO. 59 -2013 - AN APPROPRIATION ORDINANCE AMENDING THE 2013 BUDGET (Metro Dev) The Clerk read Ordinance No. 59 -2013 on first reading by title only. This Ordinance is a request of the Department of Metropolitan Development to transfer to delete Eight Thousand Six Hundred Dollars and zero cents ($8,600.00) from Part Time Help and add Thousand Six Hundred Dollars and zero cents ($8,600.00) to Professional Services Mr. Miller moved to advance Ordinance No. 59 -2013 to second reading, 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. 59 -2013 on second reading by title only. Council President Parker declared Ordinance No. 59 -2013 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 59 -2013, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 59 -2013 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 59 -2013 on third reading by title only. Ordinance No. 59 -2013 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 61 -2013 — AN APPROPRIATION ORDINANCE AMENDING THE 2013 BUDGET (Roseview Transit) The Clerk read Ordinance No. 61 -2013 on first reading by title only. This Ordinance is a request of Roseview Transit to transfer funds as follows: Delete: $3,600.00 from Tires and Tubes $1,000.00 from Contractual Printing $3,000.00 from Gas $1,200.00 from Advertising and Promotion $12,000.00 from Other Contract Services Add: $12,256.00 to Regular Salaries $8,544.00 to Part Time Help Mr. Miller moved to advance Ordinance No. 61 -2013 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 61 -2013 on second reading by title only. Council President Parker declared Ordinance No. 61 -2013 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 61 -2013, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 61 -2013 to third and final reading and suspend the rules and read by title only, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. Common Council Minutes October 7, 2013 Page 5 of 6 The Clerk read Ordinance No. 61 -2013 on third reading by title only. Ordinance No. 61 -2013 was adopted with a 9 -0 roll call vote. ORDINANCES ON SECOND READING ORDINANCE NO. 49 -2013 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET) (1023 North 11TH Street and 1020 North "J" Street) The Clerk read Ordinance No. 49 -2013 on second reading by title only. This Ordinance is a petition of Mint Management, LLC, requesting that a portion of a dedicated public way located at 1023 North 11"' Street and 1020 North "J" Street be vacated. This vacation would make development of adjacent property more feasible. Mr. Miller moved to amend by including the following Commitment and Planning Staff Recommendations: • Commitment that utilities will be removed from the vacated alley. • 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 being vacated will be part of a commercial development. • The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient; because adjoining properties will retain frontage on the existing portion of North 11th Street. • 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. • 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 no changes are planned for the existing portion of North 11th Street. The motion was supported by Ms. Hollis. Upon a vote viva voce, the motion carried. Council President Parker declared Ordinance No. 49 -2013 on second reading and public hearing. Speaking in favor was Mr. Moore. There being no comments against the Ordinance, Mr. Miller moved for engrossment of Ordinance No. 49 -2013, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 49 -2013 to third and final reading and suspend the rules and read by title only, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 49 -2013 on third reading by title only. Ordinance No. 49 -2013 was adopted with a 9 -0 roll call vote. ORDINANCE NO. 50 -2013 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR CERTAIN PARCELS FROM OUTDOOR COMMERCIAL DISTRICT TO GENERAL COMMERCIAL DISTRICT (1023 North 11TH Street and 1020 North "J" Street) The Clerk read Ordinance No. 50 -2013 on second reading by title only. w T r Common Council Minutes October 7, 2013 Page 6 of 6 This Ordinance is a petition to rezone adjacent properties at 1023 North 11 th Street and 1020 North "J" Street from Outdoor Commercial District to General Commercial District. The rezoning will allow the property owner to more appropriately develop the property. Council President Parker declared Ordinance No. 50 -2013 on second reading and public hearing. Speaking in favor was Mr. Moore. There being no comments against the Ordinance, Mr. Miller moved for engrossment of Ordinance No. 50 -2013, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 50 -2013 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 50 -2013 on third reading by title only. Ordinance No. 50 -2013 was adopted with a 9 -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. A Karen Chasteen, IAMC, MMC City Clerk a rke , President