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HomeMy Public PortalAbout09-18-2000 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,MONDAY,SEPTEMBER 18,2000 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, September 18, 2000, in the Council Chambers in said City. President Larry Parker presided with the following Councilmembers present: Howard "Jack"Elstro,Etta J. Lundy,Bruce Wissel,Karl Sharp,Bing Welch,Paul Combs,Phil Dickman and Sarah"Sally"Hutton.The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER COMBS ROLL CALL Nine present. `APPROVAL OF MINUTES Councilmember Hutton pointed out a typographical error in the spelling of Ron Chappell's first name on page 3 of the minutes of the September 5, 2000 meeting and all Councilmembers voted to accept the correction on a voice vote. The minutes, as corrected, were approved on a motion by Councilmember Wissel second by Councilmember Hutton and the motion was carried on a voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS City Attorney Bob Bever stated that at the September 5, 2000 meeting he had presented to Council Resolution No. 1 — 2000 — A RESOLUTION OF RICHMOND COMMON COUNCIL TO "PICK UP" THROUGH PAYROLL REDUCTION THE CONTRIBUTIONS REQUIRED TO BE MADE BY EMPLOYEES OF THE POLICE AND FIRE DEPARTMENT TO THEIR RESPECTIVE PENSION FUNDS. He said this resolution came as a result of the negotiations for the year 2000 contract with the Police and Fire Departments, whereby they asked that the amount that they currently contribute to the pension be worded in such a way that it would not be taxable to them.He added that this has no cost at all to the City and there are certain IRS regulations that required the correct wording for Council to approve how this payroll reduction would be done so that it would be nontaxable to them.He said this could only take effect in the future and not in the past and it is hoped that action can be taken on this tonight so that starting in the fourth quarter the contributions they make to their pension fund would be nontaxable Councilmember Welch moved for adoption of Resolution No. 1—2000, second by Councilmember Hutton and the motion was carried on a voice vote. Bever introduced Resolution No. 2—2000—A RESOLUTION TO RICHMOND COMMON COUNCIL APPROVING THE FINANCIAL ASPECTS OF A NEW CONTRACT BETWEEN THE CITY OF RICHMOND AND JOHN HENNIGAR LODGE NO.63,FRATERNAL ORDER OF POLICE He said this regards the contract that has been approved by the Board of Works following the successful negotiations with the Police F.O.P., saying that there is a paragraph in the current contract that says any financial ramifications of the contract in a new contract were subject to approval of Common Council.He said this could be done just by Council passing the budget for next year,but he said he guessed he wanted to be extraordinarily careful and have a resolution whereby the Council does approve the financial aspects of this contract.He said if Council chooses to approve,the contract would start January 1,2000 and run to December 31,2003. Councilmember Hutton moved to open the agenda and add Resolution No. 2 — 2000, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Wissel asked if this had to be passed tonight, adding that they had just been handed the resolution tonight and he would feel more comfortable voting on something he had read.He asked that this be held until the next meeting to give all Councilmembers an opportunity to read it thoroughly. Patrolman Dean Snapp, president of the F.O.P., commented that this is the first time in the three negotiations he has sat in one that all parties have sat down and worked together. He said the F.O.P. gathered the fact on other second class cities and found that the Richmond Police Department was "very low" in comparison with other salaries. In answer to a question by Councilmember Hutton, he said the current contract is in effect until December 31, 2000. He said they had all worked together"as a team"in negotiations. President Parker said this would be brought back at the next Council meeting. Common Council Minutes Cont'd September 18,2000 Page 2 COMMUNICATION FROM THE MAYOR City Controller Shelley Miller said that prior to the meeting she had distributed information from Mayor Dennis Andrews regarding the construction of a new two-lane bridge at the location of the old Main Street bridge. She said that communication pointed out some considerations before the decision was made which included the fact that it would be undesirable to have a Main Street that ended in the middle of the City, pointing out that Main Street is a main artery through the City especially for residents on the west side of the City.He said that expectations of an increase of economic development in the area certainly warrant an additional bridge. He said at this time, the engineer's office would begin the preliminary design work for this project and the Finance Department would seek grant opportunities and look at alternate means of financing,working with the Law Department. Addressing City Attorney Bob Bever,Councilmember Hutton said she had had several complaints over the summer about vehicles parked in front yards and on lawns, adding that she had talked with the Planning Department and Inspections and there doesn't seem to be any avenue for them to enforce any action to correct the situation. She said someone told her that one of the ordinances dealt with not being able to drive a vehicle across a sidewalk and curb without a curb cut.Bever said he didn't have an answer off the top of this head but he would certainly look into it. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Parker said the minutes of the meetings of August 31,2000 were included in their packets. REPORTS FROM DEPARTMENT HEADS City Engineer Bob Wiwi said the purpose in coming before Council tonight is to update the members on the area transportation study that was completed in and around the U.S. 40 bridge. Giving some background, he said in March 1999 the City hired Cole & Associates to do three types of studies which included looking at the existing Main Street Bridge and prepare a report as to structural evaluation of the bridge and that work was done in May 1999 with supplemental work in September of that same year. Another part of that study was to look at bridge overlooks as a part of the old Main Street Bridge site and that work was done in July 2000 and they did some conceptual drawings of what overlooks might look like along with some cost estimates. The third phase of that work, he said, was to do an area transportation study in and around the old and new bridge. As a result of that, he said, in August 1999 they came forth with a preliminary report and what he has given Council tonight is a supplement to that report.He said the purpose of this is to show the difference in the traffic patterns that have developed after the new Main Street Bridge was opened and the old Main Street Bridge was closed. He explained there were seven intersections that were studied,with traffic counts taken before and after the old bridge was closed.The intersections,he said,were at 3rd and East Main Street,4th and East Main Street, 5th and East Main Street, 7th and East Main Street, 3rd and South A Street, 5th and North D Street and Northwest 2nd Street and Richmond Ave. He said there were three basic patterns that were developed and indicated that there was more traffic going westbound on the new bridge than what they had projected,but with that increase, it was substantially less than what it was designed for which was 3,800 cars per hour. The count showed only 1,396 going westbound. He said there was a decrease on Main Street, starting at 3rd Street, about 52 percent, after the old bridge was closed and as traffic got closer to the uptown area that decreased significantly, going down to 8 percent at 7th and Main. He said they also found that there was an increase in the use of the Richmond Avenue Bridge. He said the finding was that DLZ(formerly Cole&Associates)believes that adequate capacity now exists to handle the new traffic patterns caused by the closure of the Main Street Bridge. He said the bridge closure appears to have had no detrimental impacts on traffic operation in the surrounding area. Wiwi said he knows that there is still some fine tuning that needs to be done, adding that Councilperson Hutton had mentioned something to him about the backup in traffic on U.S.40, and he said the State needs to know about those things. (The report in its entirety is on file in the Clerk's office). At the end of the report,Wiwi fielded questions from a few Councilmembers concerning specific areas of concern. REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES Councilmember Wissel said he had a question about the Audit Committee, which consists of only himself, and City Controller Miller responded with the statement that the State Board of Accounts comes in every year to conduct an audit. She said they usually come in the spring and are here about 6 to 8 months, depending on the other audits they have to work on with the City's. She said they have completed their fieldwork within the past few days and will be scheduling an exit conference within the next two weeks. Common Council Minutes Cont'd September 18,2000 Page 3 REPORTS FROM ORGANIZATIONS Councilmember Dickman reported that the Board of Aviation Commissioners had hired Bob Wilcox, a former employee of the Parks and Recreation Department,as the new airport manager. MISCELLANEOUS BUSINESS President Parker announced the appointment of Rick Jacobs of the Street Department to the Oversight Committee, adding that Council's appointment to that committee from the Sanitation Department. was announced at the last meeting and that is Rich Thomasetti. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read by title only Ordinances No. 67, 68 and 69- 2000,second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCE NO.67—2000 • The Deputy Clerk read Ordinance No. 67 —2000—AN APPROPRIATION ORDINANCE AMENDING THE 2000 BUDGET Lt. Barry Ritter of the Richmond Police Department explained that this ordinance deals with a request to transfer money from the telephone account to the other equipment account to pay for the department's share of the update of Windows and the servers for the Computer Aid Dispatch system and also for part of the equipment in the patrol cars dealing with computers.He said this is the City's share for the servers that they are sharing with the County in dispatch. Councilmember Welch moved to suspend the rules and advance Ordinance No. 67 — 2000 to second reading and read by title only, second by Councilmember Combs and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 67—2000 on second reading. President Parker declared Ordinance No. 67—2000 on public hearing and there being no other comments either for support or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 67—2000 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No.67—2000 on third reading. Ordinance No.67—2000 was adopted on a unanimous roll call vote. ORDINANCE NO.68—2000 The Deputy Clerk read Ordinance No. 68 —2000— AN APPROPRIATION ORDINANCE AMENDING THE 2000 BUDGET City Controller Miller explained that Planning Director Bob Goodwin would normally be explaining this ordinance to Council,however, he is attending the Indiana Association of Cities and Towns conference in Evansville. She proceeded to explain that the ordinance deals with a request to transfer $2,500 from the Other Contractual Services Account into an Overtime Account to meet ongoing overtime expenses for the two employees who oversee this building to make sure it is secure and open as evening meetings require. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 68—2000 to second reading and read by title only,second by Councilmember Welch and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No.68—2000 on second reading. President Parker declared Ordinance No. 68—2000 on second reading and there being no other comments either for or against the ordinance, Councilmember Lundy 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. 68—2000 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No.68—2000 on third reading. Common Council Minutes Cont'd September 18,2000 Page 4 Ordinance No. 68—2000 was adopted on a unanimous roll call vote. ORDINANCE NO. 69—2000 The Deputy Clerk read Ordinance No. 69— 2000 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE 1937 FIREFIGHTER'S PENSION FUND FOR THE CITY OF RICHMOND Jim Fessler,secretary of the Fireman's Pension Fund,said this ordinance deals with the recommendation of the Board of Trustees for the City of Richmond Firefighter's Pension Fund to raise the benefits for the surviving spouses.He invited questions from Councilmembers. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 69—2000 to second reading and read by title only,second by Councilmember Combs and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 69—2000 on second reading. President Parker declared Ordinance No. 69—2000 on public hearing and there being no other comments either for or against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 69—2000 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 69—2000 on third reading. Ordinance No.69—2000 was adopted on a unanimous roll call vote. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO.63—2000 The Deputy Clerk read Ordinance No. 63—2000—A GENERAL ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE REGARDING THE CITY'S AFFIRMATIVE ACTION PROGRAM President Parker said Councilmembers had received a letter from Bever outlining the different modifications made to this chapter. Councilmember Combs moved to add to D: under 35.03 an amendment that says: "This audit shall be distributed to the Mayor, Common Council,Department Administrators and placed on file with the EEOC Compliance Officer."Councilmember Lundy seconded the motion and it was carried on a voice vote. Rev.Ron Chappell,director of the Human Rights Commission,said there is a need for department heads to look at this on a regular basis, adding that he doesn't have a problem with the proposed amendment as stated,saying he could not see it creating a major problem for his department. Barry Cramer,2124 South 21st Street, identified himself as an active member of the Richmond/Whitewater Valley Chapter of Parents,Families and Friends of Lesbians and Gays. His purpose in being here tonight, he said, is to advocate that the City include sexual orientation in its Equal Employment Opportunity ordinance. The request, he said, is that in the providing for services and the employment process that the City provide equal treatment of all persons,including those who happen to be gay or lesbian. He proceeded to give examples of unfair treatment and discrimination of gays and lesbians. He distributed packets of information on this issue to each Councilmember and pointed out that included was a list of employers in the area who have made non-discrimination against gay and lesbian people a part of their corporate policies. Failure, he said, to include sexual orientation in this ordinance leaves the door wide open for such discrimination and including it would say that the City values all employees even those who are gays and lesbians. Susan Lee Barton-Kriese,46 South 18th Street and a member of the Richmond/Whitewater Valley Chapter of Parents, Families and Friends of Lesbians and Gays, said she receives phone calls from people in the City who are dealing with crisis situations such as parents with their children and from people who have been discriminated against because of their sexual orientation. Also speaking in support of the issue of sexual orientation being added as a part of this ordinance was Pamela K.Napier-Fine,702 Peacock Road,a business person who works with people who are disabled. Chappell questioned the data presented by Cramer and the credibility of some of his sources, pointing out those,things that he took issue with, asking Council to consider any decision to this particular ordinance and said Council is not compelled to add this particular issue. Common Council Minutes Cont'd September 18,2000 Page 5 There being no others speaking for or against the issue, President Parker said Ordinance No. 63 —2000 would stay on second and come back to Council at its next meeting. Councilmember Combs moved for engrossment,second by Councilmember Welch and the motion failed on a five to four roll call vote.Voting against were Councilmembers Elstro,Lundy,Wissel,Hutton and Parker. ORDINANCE NO.65—2000 The Deputy Clerk read Ordinance No. 65 — 2000 — AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2001 BUDGET City Controller Miller said that after proper advertising the public hearing that is required and adoption meeting follows 10 days afterward. ORDINANCE NO.66—2000 The Deputy Clerk read Ordinance No. 66 — 2000 — A GENERAL ORDINANCE ADDING A NEW SECTION 31.60 TO THE CITY OF RICHMOND CODE Councilmember Wissel offered an amendment to this ordinance to Section 31.60, Section A, concerning the Richmond Police Complaint Advisory Committee, suggesting that since the Police leadership is appointed by the Mayor that it is a good idea to have the majority of those members sitting in review to be appointed by some other agency other than the Mayor. His suggestion was that they continue with a committee of five residents of the City with three appointed by Common Council and two by the Mayor.So that the terms are staggered and members may be reappointed at the discretion of the Mayor or Council. The motion to accept the amendment covering the appointments to the Police Complaint Advisory Committee was made by Councilmember Wissel, second by Councilmember Lundy and was carried on a voice vote. Bever read the amendment in full, as it was to appear in the ordinance and will be included in revised form for signatures. President Parker declared the ordinance on public hearing and on second reading. Speaking in support of the ordinance was Lt. Barry Ritter who explained that this is an ordinance that was submitted by the administration stemming from concerns of minorities within the City more than two years ago. He said the group had been operating successfully for the past year. Lt. Ritter said the process of citizens filing complaints against officers had become complex and the citizens felt that they were not receiving fair treatment within the department in the investigations. He said the committee has worked well because when the investigation is completed from within the Police Department this committee then reviews it. He added that this committee does not have any authority to administer discipline but simply reviews the complaint and the steps taken within the investigation to make sure the citizen received fair treatment from the investigation. Paul Barton-Kriese, an associate professor of political science at Indiana University East, also spoke in support of the ordinance, reading from a prepared statement. He commented that he applauded the Richmond Police Department for reaching out in this fashion to the community, stating that it has resulted in opening many eyes to problems and joys of policing in Richmond. He also commented that he feels it has resulted in the police officers coming to a better understanding the fears and needs of the citizens that they have been sworn to protect and serve. There being no other comments either for support or against the ordinance,Councilmember Wissel moved for engrossment,second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Amended Ordinance No. 66 — 2000 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No.66—2000 on third reading. Ordinance No.66—2000 was adopted on a unanimous roll call vote. ORDINANCES ON THIRD READING There were none. Common Council Minutes Cont'd September 18,2000 Page 6 UNFINISHED BUSINESS In answer to Councilmember Wissel's question about the upcoming budget meeting to be held at 7:30 p.m. Thursday night in Council chambers, which is the same time that night as the Planning Commission meeting in the same place,President Parker said he felt the Planning Commission would be happy to delay its meeting five minutes to give Council time to act on the budget. CALL FOR ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. Larry Parker,President ATTEST: Myra Miller,Deputy Clerk