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Home My Public Portal About02-21-2012PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, FEBRUARY 21, 2012 The Common Council of the City of Richmond, Indiana met in regular session February 21, 2012 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR WISSEL President Quinn called the meeting to order and the following business was conducted: ROLL CALL Present were: Howard "Jack" Elstro, Bruce Wissel, Clayton Miller, Don Winget, Larry Parker, Misty Hollis, Ron Oler and Phil Quinn. Absent was Kelley Cruse - Nicholson. Also in attendance were Walt Chidester, City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; Elijah Welch, Richmond Sanitary District; Bill Thistlethwaite and Blair Beach, Parks and Recreation; Gary Saunders, Wayne County Councilor, Linda Wolski and Kris Wolski, Police Chief. APPROVAL OF MINUTES Mr. Parker moved to approve the minutes of the meeting held February 6, 2012, supported by Mr. Winget. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS • Mayor Hutton read the following Proclamation honoring Tony Foster, Director of Metropolitan Development: WHEREAS, the City of Richmond is very fortunate to have the Metropolitan Development Department under the leadership of Tony Foster, and WHEREAS, Tony has transformed the entire Community Development, Metropolitan Development and Inspection's office in assisted planned growth, safe construction, and quality of life improvements for the citizens of Richmond, and WHEREAS, through new innovative partnerships creating quality customer service and following guidelines from the Comprehensive Plan established in the Richmond City Code and the International Building Code, Tony's visionary and collaborative leadership has significantly enhanced the City of Richmond 's leadership role in economic development; and WHEREAS, today, I recognize Tony Foster for attending 300 hours in a 2 year course at Ball State University's Bowen Center for Public Affairs program, earning the nationally recognized designation as a Certified Public Manager, he is the first class to have graduated from this course; and WHERF,AS, the Certified Public Manager's program provides opportunity for professions in state, county, local office holders and administration through targeted training and certification Common couna Minutes February 21, 2012 Page 2 of 5 programs and features best practice solutions to ensure efficiency and effective delivery of government services. NOW, TILEREFORE, 1, Sally L. Hutton, Mayor of the City of Richmond do hereby proclaim Tuesday, February 21, 2012 as: TONY FOSTER DAY in the City of Richmond, and encourage all citizens to join me in honoring Tony on this important achievement and to recognize his personal career advancement, broadening and expanding his level of leadership, and service, and for his vital role, hard work and contribution to our community. He is a significant part of the City and a value to have on our team. Congratulations. COMMUNICATION FROM THE MAYOR • Condolences to the family of Rosemary Weigle, Secretary/Receptionist of the Park Department. Thank you to the Park staff for assisting with her responsibilities while she was ill. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the January 26, February 2 and 9, 2012, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS • As liaison to the Park and Recreation Board, Mr. Miller announced the resignation of Avis Stewart from the Board and thanked him for his service. MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 5 & 6 -2012 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. ORDINANCE NO. 5 -2012 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE DONATIONS — RPD The Clerk read Ordinance No. 5 -2012 on first reading by title only. Presented by Chief Wolski, this Ordinance would authorize the City of Richmond Police Department to accept donations to be used for K -9 and /or mounted patrol related supplies. Mr. Parker moved to advance Ordinance No. 5 -2012 to second reading, suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 5 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 5 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 5- 2012, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. Common Counco Minutes February 21, 2012 Page 3 of 5 Ms. Hollis moved to advance Ordinance No. 5 -2012 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. 5 -2012 on third reading by title only. Ordinance No. 5 -2012 was adopted with an 8-0 roll call vote. ORDINANCE NO. 6 -2012 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE DONATIONS — Park The Clerk read Ordinance No. 6 -2012 on first reading by title only. Presented by Ms. Beach, this Ordinance would authorize the City of Richmond Department of Parks and Recreation to accept donations to be used for 2012 programs. Mr. Miller moved to advance Ordinance No. 6 -2012 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Cleric read Ordinance No. 6 -2012 on second reading by fide only. Council President Quinn declared Ordinance No. 6 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 6- 2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 6 -2012 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 Cleric read Ordinance No. 6 -2012 on third reading by title only. Ordinance No. 6-2012 was adopted with an 8-0 roll call vote. ORDINANCES ON SECOND READING ORDINANCE NO. 52 -2010 - 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 (Perpetual Recycling Solutions) The Clerk read Ordinance No. 52 -2010 on second reading by title only. Ordinance No. 52 -2010 was held on second reading. ORDINANCE NO. 67-2011 - 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 (Wayne Dairy — Real Estate) The Clerk read Ordinance No. 67 -2011 on second reading by title only. This Ordinance is a request of Wayne Dairy Products, Inc. for a ten -year tax abatement on real estate valued at One Million Eight Hundred Seventy -Five Thousand Dollars ($1,875,000). The Tax Abatement Committee recommended a ninety percent (90 %) abatement. Mr. Miller moved to amend this Ordinance as recommended, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Council President Quinn declared Amended Ordinance No. 67 -2011 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Amended Ordinance No. 67 -2011, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Common Council Minutes February 21, 2012 Page 4 of Mr. Miller moved to advance Amended Ordinance No. 67 -2011 to third and final reading and suspend the rules and read by title only, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 67 -2011 on third reading by title only. Amended Ordinance No. 67 -2011 was adopted with an 8-0 roll call vote. ORDINANCE NO. 68-2011 - 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 (Wayne Dairy — Equipment) The Clerk read Ordinance No. 68 -2011 on second reading by title only. This Ordinance is a request of Wayne Dairy Products, Inc. for a ten -year tax abatement on equipment valued at Ten Million One Hundred Twenty -Five Thousand Dollars ($10,125,000). The Tax Abatement Committee recommended a ninety percent (90 %) abatement. Mr. Miller moved to amend this Ordinance as recommended, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Council President Quinn declared Amended Ordinance No. 68 -2011 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Miller moved for engrossment of Amended Ordinance No. 68 -2011, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Amended Ordinance No. 68 -2011 to thins and final reading and suspend the rules and read by title only, supported by Mr. Hollis. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 68 -2011 on third reading by title only. Amended Ordinance No. 68 -2011 was adopted with an 8-0 roll call vote. ORDINANCE NO. 71-2011 — A GENERAL ORDINANCE AMENDING SECTION ADDING CHAPTER 50 TO THE RICHMOND CODE REGARDING GENERAL SEWER USAGE The Clerk read Ordinance No. 71 -2011 on second reading by title only. The City of Richmond's National Pollutant Discharge Elimination system permit required a re- evaluation of our mandated pretreatment program. This Ordinance would add Chapter 50 to the Richmond Code which would regulate general sewer usage and connection in the City of Richmond. Ms. Hollis moved to amend Section 50.41 to read as follows: To prevent sanitary sewer overflows or basement badwps at the time of installing new or replacing existing laterals or major additions or repairs, the Director may require owners or users to install Backflow Prevention Devices on their building sewer or building drain at the expense of the property owner. This motion was supported by Mr. Winget. Upon a vote viva voce, the motion passed with a 7 -1 vote. Dissenting was Mr. Elstro. Due to advertising requirements, Mr. Miller moved to amend the date that Ordinance No. 71 -2011 shall be in full force and effect to May 1, 2012 in lieu of April 1, 2012, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Council President Quinn declared Amended Ordinance No. 71 -2011 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Amended Ordinance No. 71 -2011, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Amended Ordinance No. 71 -2011 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 Amended Ordinance No. 71 -2011 on third reading by title only. I � Common Council Minutes February 21, 2012 Page 5 of 5 Amended Ordinance No. 71 -2011 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 adjoumed. *IX 6 lip Mathew Quinn, President ATTES . Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the City Clerk's Office.