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Home My Public Portal About07-05-2011PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, JULY 5, 2011 The Common Council of the City of Richmond, Indiana met in regular session July 5, 2011 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR WISSEL President Pappin called the meeting to order and the following business was conducted: ROLL CALL Councilors present were Howard "Jack" Elstro, Kelley Cruse - Nicholson, Bruce Wissel, Clay Miller, Bing Welch, Lany Parker, Robert Goodwin, Diana Pappin and Phil Quinn. Also present were: Walt Chidester, City Attorney; Sarah "Sally' Hutton, Mayor, Joyce Carr, City Clerk's Office; Tony Foster, Director of Metropolitan Development; Fred Griffin, Wayne County Emergency Management; and Kris Woiski, Police Chief. APPROVAL OF MINUTES Mr. Parker moved to approve the minutes of the meeting of June 6, 2011 supported by Mr. Goodwin. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS • Mr. Griffin reported on the revised Warning Siren Activation Criteria. COMMUNICATION FROM THE MAYOR None REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the June 2, 9, 16 & 23, 2011, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS None MIISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance No. 33, 35 & 36 -2011 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Common Council Minutes July 5, 2011 Page 2 of 4 ORDINANCE NO. 33 -2011 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM MEDIUM DENSITY SINGLE - FAMILY RESIDENTIAL, (R2) DISTRICT TO GENERAL COMMERCIAL (GC) DISTRICT AND REPEALING PRIOR ORDINANCE NO. 23 -2011 (3955 US 27N) Ms. Carr read Ordinance No. 33 -2011 on first reading by title only. Presented by Mr. Foster, Ordinance No. 23 -2011 was previously passed on May 16, 2011, in order that the zoning designation for the property commonly known as 3955 US 27 North (Chester Boulevard) could be rezoned from a Residential to a General Commercial District. It is necessary to repeal Ordinance 23- 2011 in order that the Richmond Advisory Plan commission recommendations be incorporated into this replacement Ordinance and into any exhibits. Ordinance No. 33 -2011 would change the zoning designation of PT NW SEC 16-14 1 4.33A with the exception of the eastern portion of the property due north of lots 16 and 17 of the Fair Acres Subdivision (subsequently measured at one hundred ninety (190) feet by the planning staff) which shall remain as Medium Density Single - Family Residential District. Mr. Parker moved to advance Ordinance No. 33 -2011 to second reading and to suspend the rules and read by title only, supported by Mr. Welch. Upon a vote viva voce, the motion passed. Ms. Carr read Ordinance No. 33 -2011 on second reading by title only. Council President Pappin declared Ordinance No. 33 -2011 on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Cruse - Nicholson moved for engrossment of Ordinance No. 33 -2011, supported by Mr. Elstro. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 33 -2011 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. Ms. Carr read Ordinance No. 33 -2011 on third reading by title only. Ordinance No. 33 -2011 was adopted with a 9-0 roll call vote. ORDINANCE NO. 35 -2011 — AN APPROPRIATION ORDINANCE AMENDING THE 2011 BUDGET (RPD) Ms. Carr read Ordinance No. 35 -2011 on first reading by title only. Presented by Chief Wolski, this Ordinance would authorize the transfer $25,000.00 from Salary Contribution to Fleet Maintenance for repair parts. Both funds are within the 2011 Police Department annual budget. Mr. Parker moved to advance Ordinance No. 35 -2011 to second reading and to suspend the rules and read by title only, supported by Mr. Welch. Upon a vote viva voce, the motion passed. Ms, Carr read Ordinance No. 35 -2011 on second reading by title only. Council President Pappin declared Ordinance No. 35 -2011 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Welch moved for engrossment of Ordinance No. 35- 2011, supported by Mr. Parker. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 35 -2011 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. Ms. Can- read Ordinance No. 35 -2011 on third reading by title only. Ordinance No. 35 -2011 was adopted with a 9-0 roll call vote. Common Council Minutes July 5, 2011 Page 3 of 4 ORDINANCE NO. 36 -2011 — A GENERAL ORDINANCE AMENDING SECTION 94.03 OF THE RICHMOND CITY CODE (Weeds) Presented by Mr. Foster, Ordinance No. 36 -2011 would amend the Richmond City Code Section 94.03 with regard to Weeds. Ordinance No. 36 -2011 will be heard on second reading July 18, 2011 ORDINANCES ON SECOND READING ORDINANCE NO. 31-2011 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ALLEY) ((running north and south approx 450 feet north of So. °N" Street) Ms. Carr read Ordinance No. 31 -2011 on second reading by title only. This Ordinance is a petition to vacate a portion of the public way (alley) running north and south approximately 450 feet north of South °N° Street. The alley is east of South 6t' Street, Richmond Recycling, Inc. and Edelman Management, LLC own the entire block and the vacation will allow the business to best utilize their property. Ordinance No. 31 -2011 was heard at the June 23, 2011 Richmond Advisory Plan Commission meeting. The alley is not an active right -of -way and only shows up on the original Bealview Addition plat of 1911 and other legal documents. Industrial interests own both sides of the right -of -way and it accesses no other public right -of -way. There are no objects from the Police and Fire Departments. Local utilities and the sanitation department request the vacation be contingent on recording any existing utility easements. Mr. Miller moved to amend Ordinance 31 -2011 with recommendations made by the Staff and Richmond Advisory Plan Commission, supported by Mr. Wissel: WHEREAS, The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to since industrial interests own both sides of the alley, and WHEREAS, The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient because the alley would only provide access to private property, and WHEREAS, 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; and WHEREAS, 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 this portion of the original subdivision is now owned by industrial interests. Upon a vote viva voce, the motion passed. Ordinance No. 31 -2011 as amended will be held on second reading until the July 18, 2011 meeting. ORDINANCES ON THIRD READING There were no Ordinances presented for third reading. Common CounaN Minutes July 5, 2011 Pegs 4 of 4 CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. Diana Pappin, Presid 7" ATTES aren Chasteen, IAMC, MMC City Clerk