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HomeMy Public PortalAbout09-17-2012PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, SEPTEMBER 17, 2012 The Common Council of the City of Richmond, Indiana met in regular session September 17, 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; Kim Vessels; Assistant City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; Members of Firefighters Local 1408, Fraternal Order of Police and the American Federation of State, County and Municipal Employees Local 1791; Dr. Paul Kriese; Elijah Welch, Bill Harris and Denise Johnson, Sanitary District; Kevin Elliott, Beals & Moore; Marvin Smith; Dale Land; Angie Dickman, Chamber of Commerce; Buzz Krohn, Otto Krohn & Associates; Lisa Lee, Ice Miller; Derek White, Richmond Housing Authority; David Brock; Greg Stiens, Director of Public Works; Sue Roberson; Human Resource Director; Tammy Glenn, City Controller; Bill Thistlethwaite, Parks and Recreation Superintendent; Peter Zaleski, Wayne County Councilor; Tracy Bosse[[, Street Superintendent; Linda and Kris Wolski, Police Chief; Vicki Robinson, Purchasing Director; Mike Crawley, Fire Chief and Jared Rudy, Deputy Fire Chief; Diane Whitehead, Neighborhood Policing; Trey Williams, Architect for the Housing Authority; Marvin Smith; Kevin Elliott, Beals & Moore; and, Joe Gomeztagle, Midwest Business and Economic Research Group. APPROVAL OF MINUTES Mr. Parker moved to approve the minutes of the meeting held September 17, 2012, 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 • Kids Fast was a huge success . • On behalf of Firefighters Local 1408, the Fraternal Order of Police and the'American Federation of State, County and Municipal Employees Local 1791 Mr. Gomeztagle gave his analysis of the City Budget and developed a way to increase salaries for all City Employees. Ms. Glenn agreed good points were reflected in the report; however, the City is already at the maximum levy. She will be meeting with Mr. Gomeztagle relative to his report. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the August 30, 2012 meeting was accepted as presented. Common Council Minutes September 17, 2012 Page 2 of 7 REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS A. ECONOMIC DEVELOPMENT CORPORATION BOARD APPOINTMENT: Mr. Miller moved to reappoint Brett Guilley to another term, supported by Mr. Winget. Upon a vote viva voce, the motion passed. B. DR. PAUL KRIESE — ANNIVERSARY OF THE UNITED STATES CONSTITUTION: Dr. Kriese reminded the public that our Constitution is 225 years old and has served us well. One of the framers of the Constitution, Thomas Jefferson, stated: The purpose of government is to enable the people of a nation to live in safety and happiness. Govemment exists for the interests of the govemed, not for the governors. MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 50, 51, 52, 53, 54, 55 & 56 -2012 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. ORDINANCE NO. 50 -2012 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2013 BUDGET The Clerk read Ordinance No. 50 -2012 on first reading by title only. Presented by Ms. Glenn, this Ordinance reflects the proposed 2013 Budget. Ordinance No. 50 -2012 will be heard on second reading October 1, 2012. ORDINANCE NO. 51 -2012 — AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 2013 The Clerk read Ordinance No. 51 -2012 on first reading by title only. Presented by Ms. Glenn, this Ordinance reflects the proposed annual compensation of all elected City Officers for 2013. Ordinance No. 51 -2012 will be heard on second reading October 1, 2012. ORDINANCE NO. 52 -2012 — AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2013 SALARY ORDINANCE The Clerk read Ordinance No. 52 -2012 on first reading by title only. Presented by Ms. Glenn, this Ordinance reflects the proposed annual compensation of all Civilian Employees for 2013. Ordinance No. 52 -2012 will be heard on second reading October 1, 2012. ORDINANCE NO. 53 -2012 — AN APPROPRIATION ORDINANCE AUTHORIZING A REDUCTION IN APPROPRIATIONS FROM CERTAIN FUNDS The Clerk read Ordinance No. 53 -2012 on first reading by title only. Common Council Minutes September 17, 2012 Page 3 of 7 Presented by Ms. Glenn, this Ordinance would reduce the following funds: General Fund: Human Resources — Personal Services $ 10,000.00 Law Department — Personal Services $ 1,500.00 Board of Works — Other Contractual $ 85,000.00 Metropolitan Development — Personal Services $ 7,000.00 Police Department — Personal Services $172,000.00 Total General Fund $275,500.00 Parks and Recreation: Personal Services $ 21,000.00 Capital Outlay $ 10,000.00 Total Parks and Recreation $ 31,000.00 Motor Vehicle Highway: Personal Services $ 16,900.00 Supplies $ 62,000.00 Other Contractual $175,000.00 Total Motor Vehicle Highway $253,900.00 Cumulative Capital Development: $ 50.000.00 TOTAL 2012 BUDGET REDUCTIONS $610,400.00 Mr. Wissel moved to advance Ordinance No. 53 -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. 53 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 53 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 53- 2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No.53 -2012 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. 53 -2012 on third reading by title only. Ordinance No. 53 -2012 as adopted with an 8 -0 roll call vote. ORDINANCE NO. 54 -2012 — AN APPROPRIATION ORDINANCE AUTHORIZING PAYMENT FOR SERVICES FROM THE RICHMOND SANITARY DISTRICT, ROSEVIEW TRANSIT, RICHMOND POWER AND LIGHT, MOTOR VEHICLE HIGHWAY AND PARK AND RECREATION DEPARTMENT FUNDS TO THE GENERAL FUND IN 2012 The Clerk read Ordinance No. 54 -2012 on first reading by title only. Presented by Ms. Glenn, this Ordinance would authorize the payment for personal services for executive departments fro the General Fund and subsequently transfer monies to the General Fund pursuant to allocations listed in the Ordinance. Common Council Minutes September 17, 2012 Page 4 of 7 Ordinance No. 54 -2012 will be heard on second reading October 1, 2012. ORDINANCE NO. 55 -2012 — AN ORDINANCE TO PETITION FOR A SHORTFALL APPEAL DUE TO ERRONEOUS ASSESSED VALUE The Clerk read Ordinance No. 55 -2012 on first reading by title only. Presented by Ms. Glenn, this Ordinance would authorize the City of Richmond's appeal to the Local Government Tax Control Board and Department of Local Government Finance for a property tax shortfall, due to erroneous assessed valuation, pursuant to IC 6 -1.1- 18.5 -16. This appeal shall be filed with the Department of Local Government Finance office in Indianapolis. Mr. Parker moved to advance Ordinance No. 55 -2012 to second reading, 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. 55 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 55 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 55 -2012, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No.55 -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 Clerk read Ordinance No. 55 -2012 on third reading by title only. Ordinance No. 55 -2012 as adopted with an 8 -0 roll call vote. ORDINANCE NO. 56 -2012 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE UNITED STATES FEDERAL AVIATION ADMINISTRATION (Airport - Taxiway B) The Clerk read Ordinance No. 56 -2012 on first reading by title only. Presented by Mr. Stiens, this Ordinance would authorize the City of Richmond to accept grant funding in an amount up to Four Hundred Ninety Thousand Two Hundred Fifty -nine Dollars ($490,259.00) from the Federal Aviation Administration and to accept an amount up to Thirteen Thousand Six Hundred Eighteen Dollars and Thirty -one Cents ($13,618.31) from the Indiana Department of Transportation. The City of Richmond shall be required to match a maximum of Forty Thousand Eight Hundred Fifty -five Dollars and Nineteen Cents ($40,855.19) for the local match, so long as the Indiana Department of Transportation pays the amount of Thirteen Thousand Six Hundred Eighteen Dollars and Thirty-one Cents ($13,618.31). The City's local match has been set aside from Tax Increment Financing ( "TIF ") funds. If the grant is awarded, said funds shall be appropriated for assistance with the costs associated with the Terminal Apron and Taxiway Phase 3 project located at the Richmond Municipal Airport. Mr. Miller moved to advance Ordinance No. 56 -2012 to second reading, suspend the rules and read by title only, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 56 -2012 on second reading by title only. Council President Quinn declared Ordinance No. 56 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 56 -2012, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Common Council Minutes September 17, 2012 Page 5 of 7 Mr. Wissel moved to advance Ordinance No.56 -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 Clerk read Ordinance No. 56 -2012 on third reading by title only. Ordinance No. 56 -2012 as adopted with an 8 -0 roll call vote. ORDINANCES ON SECOND READING ORDINANCE NO. 39-2012 - AN ORDINANCE AMENDING ORDINANCE NO. 9 -2009 (Sewer Rates) The Clerk read Ordinance No. 39 -2012 on second reading by title only. Presenting this Ordinance were Messrs. Chidester, Welch and Krohn. This Ordinance would authorize the increase in sewer utility rates in three Phases - 2012, 2013 and 2014. The Sanitary Board has approved Phases I, II and III; however, Council is being asked to only approve Phases I & II. Mr. Parker moved to amend Ordinance No. 39 -2012 to reflect an increase for Phases I & II with Phase III to be addressed in 2014. This motion also included the following changes: Section 1. The Common Council now approves the amendments for Phase I and Phase 11 proposed by the Board and amends its Rate Ordinance, as set forth in City Code 53.14, to read as follows: PHASEI PHASEII TREATMENT RATE November 2012 July 2013 RATE PER 1,000 GALLONS PER MONTH Residential/Commercial $3.43 $3.88 Industrial 3.05 3.45 MONTHLY BASE RATE (ALL CLASSES) WATER METER SIZE: 518 or 314 inch $13.48 $16.57 1 inch 41.58 51.10 1 % inch 92.34 113.49 2 inch 156.96 192.90 3 inch 356.88 438.61 4 inch 618.36 759.96 UNMETERED CUSTOMERS CHARGE PER MONTH (5,000 gallons) $30.63 $35.97 Section 2. Rates and charges set forth in the Rate Ordinance and not amended herein shall remain in full force and effect. Section 5. The portion of the rates and charges that represents debt service on bonds issued to fund the construction of sewer separation overflow projects shall be repealed upon redemption or maturity of such bonds. Bond redemption or maturity of such bonds, the Richmond Sanitary District Board shall send written notice to Common Council and shall also give public service announcements to the ratepayers of the redemption or maturity of such bonds. This motion was supported by Mr. Winget. Upon a vote viva voce, the motion passed. Common Council Minutes September 17, 2012 Page 6 of 7 Council President Quinn declared Amended Ordinance No. 39 -2012 on second reading and public hearing. Speaking in favor was Ms. Dickman and against the Ordinance Messrs. Land and Smith. Mr. Wissel moved for engrossment of Amended Ordinance No. 39 -2012, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Amended Ordinance No. 39 -2012 to third and final reading and suspend the rules and read by title only, supported by Mr. Miller. Dissenting in a vote viva voce were Ms. Hollis and Mr. Parker. Amended Ordinance No. 39 -2012 will be heard on third reading October 1, 2012. ORDINANCE NO. 46-2012 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM URBAN RESIDENTIAL DISTRICT TO INTENSE MULTIPLE FAMILY RESIDENTIAL DISTRICT (701 North 13" Street) The Clerk read Ordinance No. 46 -2012 on second reading by title only. This Ordinance is a petition of the Richmond Housing Authority to rezone the site to allow development of multi - family residential units. The zoning would also allow assisted living units, nursing home or retirement community housing, all of which is considered appropriate next to Urban Residential districts. The Planning staff recommends approval of the rezoning. Council President Quinn declared Ordinance No. 46 -2012 on second reading and public hearing. Speaking on behalf of the Housing Authority were Messrs. Elliott, Williams and White. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 46 -2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No.46 -2012 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. 46 -2012 on third reading by title only. Ordinance No. 46 -2012 as adopted with an 8 -0 roll call vote. ORDINANCE NO. 47 -2012 — A SPECIAL ORDINANCE VACATING A PUBLIC STREET (part of South "O ", "P" and 20th Streets) The Clerk read Ordinance No. 47 -2012 on second reading by title only. This Ordinance is a Petition of 4 Wernle Children's Home, to better plan for development of their facility without the burden of rights -of -way affecting setbacks, etc. It will also allow them to consolidate lots, again, giving greater flexibility in planning for development. Staff recommendation is for approval based on the following Findings of Fact and with the condition that the location of all utility easements be described and recorded as requested. 1. The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to; since Wernle Children's Home owns both sides of all property involved in the petition. 2. The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient; because rights -of -way are still in place on the east side of the areas being vacated. 3. The vacation would not hinder the public's access to a church, school or other public building or place; because there are no such properties in that area. Common Council Minutes September 17, 2012 Page 7 of 7 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 the area being vacated is not developed residentially as part of the neighborhood. Council President Quinn declared Ordinance No. 47 -2012 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Miller moved for engrossment of Ordinance No. 47- 2012, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Miller moved to advance Ordinance No.47 -2012 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. 47 -2012 on third reading by title only. Ordinance No. 47 -2012 as 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. ip Mathew Quinn, President ATT x� Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the City Clerk's Office.