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.
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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.
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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.
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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.
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Common Council Minutes Cont'd
December 2, 2002
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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.
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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