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HomeMy Public PortalAbout12-02-2002.35 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, DECEMBER 2, 2002 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, December 2, 2002, in the Council Chambers in said City. President Bruce Wissel presided with the following Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Karl Sharp, Bing Welch, Larry Parker and Sarah "Sally" Hutton. Phil Dickman and Paul Combs were absent. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER SHARP ROLL CALL Seven present. APPROVAL OF MINUTES Minutes of the November 18, 2002 meeting were approved on a motion by Councilmember Parker, second by Councilmember Welch and the motion was carried on a voice vote PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING) COMMUNICATION FROM THE MAYOR There was none. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY . President Wissel said the minutes of the meetings of October 31, November 7 and 14, 2002 were in their packets. REPORTS FROM DEPARTMENT HEADS Kim Parker, newly named director of Human Resources, outlined the 2002 accomplishments within the department. She also explained the new insurance package through J.F. Malloy as the third party administrator. She mentioned the employee management partnership and the recognition picnic where the employee of the year award was given. She talked about the implementation of the drug testing of the CDL employees, progress made by the safety committee and gave an update and printing of the personnel policy. REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS The re -appointments of the Rev. Rick White and Sheila Armstead to the Police Advisory Commission were approved on a motion by Councilmember Welch and a second by Councilmember Hutton. The approval was by a unanimous voice vote. President Wissel welcomed students from the government class from Richmond High School who were in attendance tonight. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinance No. 83, 98, 99, 100, 101, 102, 103 and 104 - 2002 by title only, second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCE NO. 83 — 2002 The Clerk read Ordinance No. 83 — 2002 — A GENERAL ORDINANCE ADDING CHAPTER 32.80 TO THE CITY OF RICHOND CODE REGARDING THE CREATION OF A CITY EMPLOYEE GRIEVANCE COMMISSION City Attorney B ob B ever s aid a greement had b een r eached o n a 11 the s pecific 1 anguage o n t he c ontract between the City and AFSCME and asked that the ordinance be stricken. Councilmember Parker so moved, second by Councilmember Sharp and the motion was carried on a voice vote. ��q Common Council Minutes Cont'd December 2, 2002 Page 2 ORDINANCE NO.98 — 2002 The Clerk read Ordinance No. 98 — 2002 — A SPECIAL ORDINANCE REZONING THE PROPERTY COMMONLY KNOWN AS 911 NORTH "E" STREET, RICHMOND, INDIANA President Wissel stated that this ordinance deals with a zoning request for a pizza parlor which is now in the M-1 district which makes the request for a special use necessary. He said this would go to the Plan Commission and return to Council after the first of the year in 2003. ORDINANCE NO. 99 — 2002 The Clerk read Ordinance No. 99 — 2002 — AN APPROPRIATION ORDINANCE AMENDING THE 2002 BUDGET Explaining this ordinance was Stan Lambert, superintendent of the Parks and Recreation Department, who said that the purpose of this ordinance is to transfer funds within the department to make it possible to complete an update of the five-year master plan. . In a nswer t o a q uestion b y Councilmember P arker a bout what c onsultants c ould t ell t hem t hat h is s taff could not. Lambert said they would be able to provide some expertise gained by looking at various departments from the state and region and to provide some outside input in looking at the City and to see how the department is functioning at present. He also said the Park Board has approved the request and moving ahead to interview three different consultants for the project. Answering Councilmember Lundy's question about how his department had the large amount of money to transfer and Lambert answered that throughout the year, as they lost employees, they were able to save that amount. At the request of C ouncilmember Welch, liaison of Council to the Park Board, Lambert talked about the forum he attended in Fort Wayne looking at the historic attributes of the City and the Parks system. Lambert said he listened to comments about the renovation of three city parks, getting some ideas as to how those could be incorporated locally. He said that since Glen Miller Park is on the National Historic Register, they will have to ensure that when the renovation begins, that the original plans and . designs are taken into account so it can be renovated to its original condition. Councilmember Welch moved to suspend the rules and advance Ordinance No. 99 — 2002 to second reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 99 — 2002 on second reading. President Wissel declared Ordinance No. 99 — 2002 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 99 — 2002 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 99 — 2002 on third reading. Ordinance No. 99 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 100 — 2002 The Clerk read Ordinance No. 100 — 2002 — AN APPROPRIATION ORDINANCE AMENDING THE 2002 BUDGET Explaining the ordinance was Bob Wiwi, director of public works and engineering, who said the request is for a transfer within the department and is for the airport. He said it is for a transfer of $4,350 from the Motor Equipment account into the accounts for Social Security, Medicare Insurance, PERF Contribution and Overtime. Councilmember Welch moved to suspend the rules and advance Ordinance No. 100 — 2002 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 100 — 2002 on second reading. President Wissel declared Ordinance No. 100 — 2002 on public hearing. There being no comments either for o r a gainst the o rdinance, C ouncihmember E lstro moved f or a ngrossment, s econd b y Councilmember Welch and the motion was carried on a voice vote. .37 Common Council Minutes Cont'd December 2, 2002 Page 3 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 100 — 2002 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 100 — 2002 on third reading. Ordinance No. 100 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 101— 2002 The Clerk read Ordinance No. 101 — 2002 — AN APPROPRIATION ORDINANCE AMENDING THE 2002 BUDGET In the absence of Ron Chappell, Mayor Miller explained that this ordinance deals with a transfer of funds within the Human Rights Department for part time salaries for the remainder of the year. Councilmember Welch moved to suspend the rules and advance Ordinance No. 101 — 2002 to second reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 101— 2002 on second reading. President Wissel declared Ordinance No. 101 — 2002 on public hearing. There being no comments either for o r a gainst the o rdinance, C ouncilmember E lstro moved for engrossment, s econd b y Councilmember Welch and the motion was.carried on a voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 101 — 2002 to third and final reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. The Clerk read Ordinance No. 101— 2002 on third reading. Ordinance No. 101 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 102 — 2002 The Clerk read Ordinance No. 102 — 2002 — AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS TO CERTAIN FUNDS City Controller John Kenny explained that $1,391,164.91 is needed to fund the General Fund through December 31, 2002, explaining that at least 90 percent of the additional appropriations is for health insurance. H e supplied t hree s preadsheets for C ouncilmembers t o s tudy t he o verall p icture. H e s aid t he ordinance was advertised Friday, November 29, and the requirement is that the ad runs 10 days before it can be acted upon by Council. In answer to a question by Councilmember Welch, Kenny said the total cost of health insurance for the City the current year is between $4.0 and $4.2 million and it will go up to $4.9 million, without the plan changes, in 2003. He added that, however, the City is doing the plan changes so he is optimistic that it will hold steady at $4.0 and $4.2 million. President Wissel announced that Ordinance No. 102 — 2002 would come back on second reading at Council's next meeting on December 16. ORDINANCE NO. 103 — 2002 The Clerk read Ordinance No. 103 — 2002 — AN APPROPRIATION ORDINANCE AMENDING THE 2002 BUDGET Explaining this ordinance was Wiwi again, who said it deals with a transfer of $2,400 from the Temporary Help account to the Computer Equipment account within the Engineering Department. He said the money will be used for a much needed computer software upgrade. Councilmember Welch moved to suspend the rules and advance Ordinance No. 103 — 2002 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 103 — 2002 on second reading. President Wissel declared Ordinance No. 103 — 2002 on public hearing. There being no comments either for o r a gainst t he o rdinance, C ouncilmember E lstro moved f or a ngrossment, s econd b y Councilmember Parker and the motion was carried on a voice vote. �q Common Council Minutes Cont'd December 2, 2002 Page 4 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 103 — 2002 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 103 — 2002 on third reading. Ordinance No. 103 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 104 — 2002 The Clerk read Ordinance No. 104 — 2002 — AN,APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNSFIELD ASSESSMENT GRANT PROGRAM Coming back before Council was Lambert who explained that the reason for this request for a grant to be able to provide an environmental assessment of the central section of the Whitewater River Gorge area, which is from the Starr-Gennett area up to'Richmond Avenue. He said it is a 100 percent grant which will not require a local match. In answer to a question by Councilmember Parker, Lambert explained the three different phases needed to go through before the remediation of cleanup can be done. The amount of the grant is up to $400,000. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 104 — 2002 to second reading and read by title only, second by Councilmember Hutton and the motion was carried on a voice vote. The Clerk read Ordinance No. 104 — 2002 on second reading. President Wissel declared Ordinance No. 104 — 2002 on public hearing. There being no comments either for or against the ordinance, Councilmember Lundy moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 104 — 2002 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 104 — 2002 on third reading. Ordinance No. 104 — 2002 was adopted on a unanimous roll call vote. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 65 — 2002 The Clerk read Ordinance No. 65 — 2002 — A SPECIAL ORDINANCE REZONING THE PROPERTY COMMONLY KNOWN AS 3132 NORTH SALISBURY ROAD, RICHMOND, INDIANA (WITHDRAWN BY THE PETITIONER) Councihnember Welch moved to strike Ordinance No. 65 — 2002, second by Councilmember Hutton and the motion was carried on a voice vote. ORDINANCE NO. 84 — 2002 The Clerk read Ordinance No. 84 — 2002 — A SPECIAL ORDINANCE REZONING CERTAIN PROPERTY LOCATED ALONG INDUSTRIES ROAD IN THE CITY OF RICHMOND, INDIANA President Wissel reporting on the Plan Commission meeting, said it conducted a public hearing Nov. 21, voting 8-0 in favor and approved an amended request of Nobil E. Toney, owner, by Jeff Hanna, agent, to rezone only the 2.507 acres along the south side of Industries Road and excludes the 1.207 acres north of Industries Road and the 16-foot access strip from U.S. 27. He said the request is to make the entire property a C-2 commercial zoning. Hanna spoke in favor of the ordinance and added that the seller requests that there be a deed restriction placed upon the property which has been acceptable to the purchaser that this property be zoned C-2 with a deed restriction of professional offices to include medical facilities only. Councilmember Welch said one of the things he thought would be a good idea, in his discussion with Hanna, since this will be a property located to the north of Friends Fellowship and Heritage Regency and sometime, hopefully, in the near future they will be planning a northern exit drive out of both those facilities. 3q Common Council Minutes Cont'd December 2, 2002 Page 5 He reminded Hanna that he was going to ask the purchasers what their feelings might be of granting an easement for a future drive or roadway across the western extreme of this property. Hanna said those prospective buyers had no problem or. issue with that, adding that they even thought this would enhance the site since it will be a medical facility and it might be an excellent access to the property. Councilmember Welch moved to include only the 2.507 acres along the south side of Industries Road for consideration in this ordinance, second by Councilmember Parker and the motion was carried on a voice vote. There being no further comments either for or against the ordinance, Councilmember Sharp moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules on Amended Ordinance No. 84 — 2002 and move to final reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 84 — 2002 on third reading. Amended Ordinance No. 84 — 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 94 — 2002 The Clerk read Ordinance No. 94 — 2002 — A GENERAL ORDINANCE RE-ESTABLISHING RICHMOND CITY COURT City Attorney Bob Bever said the idea for the City Court did not originate in the Law Department. He said that based upon information given to President Wissel he rightfully asked the Law Department to look into this and it was found that it could only be done every four years. Shortly thereafter, he found that there was some misinformation given to him and President Wissel and that their original thoughts were not accurate. He added that some of that information was not flattering to his own office and upon discovering that he immediately sent the information to Councilmembers and to the media and the public. He said it was based upon this information that he, at the last meeting, withdrew support for this ordinance. Bever said that the ordinance violations that had been delayed were not issues of safety but unpaid parking violations — those that do not have neighbors or other victims involved. Bever said as far as the monetary issue, if all 400 of those tickets, most of which ranged from $10 to $30 with the average being $20, were collected it would be $12,000. More realistically, he said, is 25 to 50 percent collection so you would be looking at $3,000 to $6,000 and he added that he saves that almost monthly in the law department budget. Bever said that based upon that negative economic impact it would have to the City and based upon what he believes is a better process to relieve the delays which includes some changes in office structure he has planned and Wayne Superior Court 3's agreement to take 30 a week starting after January 1, it remains the City's conclusion that City Court is no longer necessary and the problem can be solved in different ways. He said he would invite a motion to strike. President Wissel announced that Ordinance No. 94 — 2002 was on public hearing. Speaking in favor of the ordinance was Allen Williams, 130 South 4`h Street, who said ordinances like this work in other cities. He said that in watching what is going on downtown, he has observed that the police are not writing violations for ordinances that are on the books but moving them along to different parts of the City. There being no other comments on Ordinance No. 94 — 2002, Councilmember Hutton moved to strike it, second by Councilmember Elstro and the motion was carried on a voice vote. Councilmember Welch said he didn't look at this as a lost motion or criticism of anyone because it allowed an opportunity to look into some procedures and open some eyes. ORDINANCES ON THERD READING UNFINISHED BUSINESS In reference to the appointments made earlier by Council, Mayor Miller said the appointments were not to the Police Merit Commission but to the Citizens Complaint Advisory Commission. Bever suggested that to correct that error, a motion would be in order. Councilmember Welch said he was the one who moved, incorrectly, to appoint the two individuals to the Police Merit Commission. He moved to make the correction to Citizens Complaint Advisory Commission, second by Councilmember Parker and the motion was carried on a voice vote. �D Common Council Minutes Cont'd December 2, 2002 Page 6 CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 8:45 P.M. Bruce Wissel, President ATTEST: Norma Schroeder, Clerk