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HomeMy Public PortalAbout09-05-2000 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,TUESDAY,SEPTEMBER 5,2000 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday, September 5, 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 and Phil Dickman. Sarah "Sally" Hutton was absent. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER WELCH ROLL CALL Eight present. APPROVAL OF MINUTES The minutes of the August 21, 2000 meeting were approved on a motion by Councilmember Wissel, second by Councilmember Welch 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 he had distributed to Councilmembers tonight Resolution No. 1 — 2000, saying that it is not required action tonight although it would be at the next meeting of Council. He explained that as part of the contract that was reached for the 2000 year for the Police and Fire, the Board of Works and the City Administration agreed that it would take all action possible to have the City show that the money going to the Police and Fire Pension Funds would be non-taxable to the Police and Fire employees. In giving the background on this, Bever said by state statute, all Police and Fire employees are to place 6 percent of their wages into their respective pension funds and due to past negotiations the City ended up picking up one percent of that for Fire and does not pay any portion of that for the Police.He said that has always been after tax dollars, adding that there is a method subject to approval of Common Council whereby it can appear for IRS purposes that the City is paying for it so it would not be taxed to the employees. However, while the City pays for that other percent, the way they pay for it is to take a reduction in the pay from the various employees which makes it a"wash,"not costing the City any more to have it worded this way.But,he said,it is a great benefit for the Police and Fire employees so that though it is coming out of their wages it is not being taxed to them as income. Therefore,in their 2000 contract,the City agreed to present to Council the proper resolution approving that method of having the contributions paid by the employees but through the employer, the City, so it would be nontaxable. This cannot be made retroactive, he said, but can only start from the point of Council's action forward. He asked Councilmembers to review the resolution and let him know if they have any questions so action can be taken on it prior to the October 1 date that the City promised them they would try to get this accomplished by. President Parker said this would appear on the agenda of the next Council meeting. Bever said he had also distributed copies of an ordinance that was not on the agenda tonight and asked that it be added.He said this is the ordinance codifying the Police Complaint Advisory Committee,presented as Ordinance No.66—2000. Councilmember Welch moved to open the agenda and add Ordinance No. 66 — 2000, second by Councilmember Combs and the motion was carried on a voice vote of 7 to 1, with Councilmember Wissel voting against. COMMUNICATION FROM THE MAYOR In the Mayor's absence,Bever said he had been asked to pass along to Councilmembers another one of his actions desired before he left office. He said they had written last week to the state that the Mayor was exercising his option for the City's purchase of 171.095 acres west of Round Barn Road at$1,800 an acre. He said this was the second phase of the Midwest Industrial Park,reminding Council that last year they and the Board of Works had approved a purchase agreement on the first parcel which also had in it the option to purchase the additional acreage at this set price. He said the EDC has already set aside the funds for this purchase which means it would cost the City nothing.He said they hope to close on that purchase within the next 60 days. Common Council Minutes Cont'd September 5,2000 Page 2 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Parker said the minutes of the meetings of August 10, 17 and 24, 2000 were included in their packets. REPORTS FROM DEPARTMENT HEADS Fire Chief Mike Allen explained that as promised by Mayor Andrews as part of his action items to be completed for the administration before his resignation becomes effective September 30,he said he would like to give some explanation for the integrated analysis study requested for Emergency Medical Services. Giving a brief history about the Fire Department's role in EMS,he said Emergency Medical Service is not new to the Richmond Fire Department, adding that it has, at least, since 1969, played a role in providing emergency medical care to the community. He said that role has grown by demand and as back up responders for the present emergency medical provider the frequency of response to emergency medical calls has greatly increased. Chief Allen said the Fire Department's response to this increased demand was to provide the training and equipment for the firefighters as well as equipping all of the fire engines with automatic external defibrillators.They have also followed state requirements to improve technology and equipment which has allowed them to provide more effectively life saving procedures to the citizens of this community. He added that what he has described tells briefly the Fire Department's present role in the emergency medical services. The Chief said the local firefighters union initiated the request for the study and the International Association of Firefighters, at no cost to the City or to the local firefighters union, will provide the study. He said a meeting with Mayor Andrews,him and the local union, ended in agreement that the mayor and fire chief are willing to listen and discuss the information provided by the International Association. Now,he said, the purpose of the integrated analysis study is to investigate the utilization of the Richmond Fire Department's personnel and resources toward the delivery of emergency medical service response in this community. He added that the goal is to determine the effectiveness and the efficiency of the Fire Department personnel and resource as a 911 emergency transport provider. REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Parker said it is Council's responsibility to appoint one employee each from the Sanitary Department and Street Department to serve on the oversight panel to handle the election to determine the selection of a union.He said Richard Thomasetti has expressed a willingness to serve as a representative of the Sanitary Department but no one had stepped forward from the Street Department. Councilmember Welch moved to approve the appointment of Thomasetti,second by Councilmember Combs and the motion was carried on a voice vote. President Parker said he would contact Thomasetti and asked for names to be submitted to represent the Street Department. Bever reminded Council that that should be done as soon as possible since the expiration date for that procedure is close at hand and suggested that possibly President Parker might want to entertain a motion to delegate him to name that person so that won't have to wait. Councilmember Wissel so moved, second by Councilmember Sharp and the motion was carried on a voice vote of 7 to 1 with Councilmember Lundy voting against.In answer to a question by Councilmember Dickman,President Parker said those who had been contacted from the list he had"respectfully declined." President Parker also informed Councilmembers that included in their packets was some information regarding the railroad depot and he suggested that they might want to take a look at that and respond, if they feel it is necessary,to the proper people and the Urban Enterprise Association. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read by title only Ordinances No.55,63,64,65 and 66-2000,second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCE NO.55—2000 The Clerk read Ordinance No.55—2000—A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 1607 CHESTER BOULEVARD,RICHMOND,INDIANA Common Council Minutes Cont'd September 5,2000 Page 3 Planning Director Bob Goodwin explained that this is a special use request for a doctor's or professional office at that address.He said there is no complete site plan yet which makes it difficult to tell exactly what is going to happen. He said that hopefully a public hearing would be held at the Planning Commission meeting yet this month and get back to Council with a recommendation. President Parker announced that Ordinance No. 55 —2000 would be referred to the Planning Commission for public hearing at its meeting on September 28. ORDINANCE NO.63—2000 The Clerk read Ordinance No. 63 —2000—A GENERAL ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE REGARDING THE CITY'S AFFIRMATIVE ACTION PROGRAM Alluding to the letter he included in the Council packets this past week, Bever explained that this regards the affirmative action program and is the result of many months of meetings by an appointed Affirmative Action Committee chaired by Ron Chappell. He stated that he also served on that committee along with Police Chief Bill Shake,Fire Chief Mike Allen,Robin Henry and Etta Lundy. The purpose of the committee and of this ultimate ordinance, Bever said, was to bring to date the City's affirmative action program to stay current with any changes in state and federal law.He said it also became apparent over the years that there might be some provisions that needed to be modified or clarified to assure full implementation of the policies presented by the City's program. The ten major changes,Bever said,that took place with this ordinance included: 1. The committee wanted to clarify trying to promote and assure equal opportunity, not simply create unfair, overly favorable treatment to any group and has done this with some slight word changes and clarifications that this is an equal opportunity program to all citizens of the City. 2. Wanted to recognize that the only real control the City has is over its employees, agencies and those who contract with the City. 3. Has reorganized and re-numbered what the City is attempting to do, pointing out that some numbers of sections were left out and now states the purpose,then the goals and objectives. 4. Omitted duplicated language. 5. Omitted references to any past problems. 6.Added age and disability as protected areas and as goals throughout the entire chapter. 7. Previously, there was a separate grievance procedure for any employee or potential employee who felt aggrieved by the City's actions. However, because there is now a comprehensive grievance procedure set forth in the City's personnel policy,that is simply being adopted for anyone who perceived being aggrieved by the items mentioned in the program. 8. The EEO compliance officer has been identified as the Human Rights Director, unless a specialized appointment is made by the Mayor.Consequently,Bever said,Ton Chappell would serve in that capacity to make sure the program is being implemented. 9. Because of technology the City is requiring new ways for distributing information on recruitment, such as using the Internet. 10. Each City department will be required to implement methods to achieve the goals set forth by this, since this is seen as a benefit to all of the community including the employees or any potential employees or people who deal with the City. Chappell said he felt that primarily the committee was concerned with ensuring that they continue with the administration's focus on providing an atmosphere that was conducive for maximizing the potential of all employees within the City. Also, they wanted to ensure that the City recruited to make an effort to ensure that the City government is representative of the community which it serves. He said they also wanted to make sure the businesses doing business with the City were in compliance with local, state and federal EEO laws. Councilmember Combs questioned the deletion of a portion of the original affirmative action program which read: "All contractors, except those exempted by federal regulations, shall abide by written affirmative action programs." Common Council Minutes Cont'd September 5,2000 Page 4 Bever said that has been replaced with"Any contractors bidding upon a City contract involving more than $25,000 shall supply in its bid a written statement showing a make up of its employee workforce which includes the number of minorities and women compared with all its employees."He said the section which Councilmember Combs could be read that it was up to the City, whether a contractor who has a business out in Richmond ever dealt with the City or not, that it was up to the City to go out and police them and find if they have an affirmative action program. Councilmember Combs said he also questioned the deletion of item (b) under "Identification of Problem Areas," which talks about a yearly review, which shall be distributed and placed on file with the EEO Director.He said this practice seemed very positive.Bever said he believed that the committee did not want to stifle or limit what kind of review, how often the review would be done by the Compliance Officer. He also stated that there might be other reviews that are being done that are found elsewhere in the code so that it was not necessary to even be repeated at this point. Robin Henry,Human Resources Director, explained that an EEO 4 audit is done every other year and that is part of this process and it is on file in her office. Councilmember Welch moved to suspend the rules and advance Ordinance No. 63 — 2000 to second reading and read by title only.The voice vote was 7 to 1,with Councilmember Combs voting against. Bever said the second reading has to be at the next Council meeting. ORDINANCE NO. 64—2000 The Clerk read Ordinance No. 64—2000—AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL,ACCEPTANCE,AND APPROPRIATION OF A GRANT FROM BUREAU OF JUSTICE ASSISTANCE Tony Foster,the City's Grants Administrator,explained that the Richmond Police Department is requesting $46,628 from the Bureau of Justice Assistance specifically from their local law enforcement block grant program.Foster said the grant would be used to purchase in-car mobile data units (lap top computers)that the officers can use in the field. He said these would be installed in the patrol vehicles, adding that part of the criteria for this grant a review committee has to be established to review what the City plans to use the grant for.He said that committee has to consist of a representative of the court system,prosecutor's office, the police department,education system and neighborhood associations. In answer to a question by Councilmember Wissel,Foster said they will be used in the cars and they can be able to access records without calling dispatch and get information on who is potentially driving the car before they actually get out of the car.Foster said the City had also received what is called a Cops More 98 grant to help fund this project. That means that this grant would be a supplement to that grant to make sure that every vehicle is equipped with one of these units. Since this is a block grant the$46,628 is the amount of money that is designated to the City and this would supplement the Cops More 98 grant, which also includes the Sheriffs Department. He said the Police and Sheriffs departments would be working in collaboration to make sure everyone is in line with the system. Councilmember Welch moved to suspend the rules and advance Ordinance No. 64 — 2000 to second reading and read by title only, second by Councilmember Combs and the motion was carried on a voice vote. The Clerk read Ordinance No.64—2000 on second reading. Police Chief Bill Shake said he just wanted to remind Councilmembers of the block grant received for computers in conjunction with the Wayne County Sheriff's Department, explaining that the City received $100,000 from Build Indiana as part of the cash match to receive $300,000 from the federal government. He said with that$400,000 they were anticipating putting an in-car system in each marked police car and that should buy all the hardware and software and this extra$46,000 would hopefully cover any extras that may be needed.He said this money couldn't go to operating costs,but only covers the start up,equipment and installation. There being no other comments either for support or against the ordinance, Councilmember Elstro moved for engrossment,second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 64—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 Clerk read Ordinance No. 64—2000 on third reading. Ordinance No.64—2000 was adopted on a unanimous roll call vote. Common Council Minutes Cont'd September 5,2000 Page 5 ORDINANCE NO.65—2000 The Clerk read Ordinance No. 65 —2000 —AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2001 BUDGET City Controller Shelley Miller explained that this is the ordinance that will formally introduce the 2001 budget.She said it must be passed by September 30 and is set for public hearing at Council's September 18 meeting and final adoption for September 28,which will be a special meeting. President Parker said this ordinance would be held on second reading. ORDINANCE NO.66—2000 The Clerk read Ordinance No. 66 — 2000 — A GENERAL ORDINANCE ADDING A NEW SECTION 31.60 TO THE CITY OF RICHMOND CODE Bever explained that earlier in the administration,Mayor Andrews created, on his own, a Richmond Police Complaint Advisory Committee. In order to codify this,Bever said, the Mayor asked that an ordinance be prepared that actually sets this forth in the City code, creating this committee, setting forth who would serve on it.Bever said most of this is already being utilized by his own creation of the committee,but this just puts it in the code. Hitting the highlights of the ordinance, Bever explained that the committee shall consist of 5 residents of the City appointed by the Mayor; shall meet upon notification by the Police Chief of any pending complaint, or as needed; members of the committee shall elect from their membership a chair, vice chair and secretary who shall serve until the end of the calendar year; shall not investigate the merits or lack thereof of any incidents leading to a complaint, but shall review the process to-ensure that proper procedures were followed; shall provide ongoing feedback, including suggestions for improvement with respect to the complaint process;and the names of any complainant filing a complaint shall be confidential. Chief Shake explained that the Mayor had created the committee in 1998 in response to numerous complaints that were received and since that time the committee has served as a Board for him to formally review disciplinary actions as a result of complaints. He said they have also provided feedback on responding to those complaints and have actually helped assist in revising the Police Department's complaint policy. He said the most recent members are Ed Brown, Alan Kolp, Lucinda Cage, Tracey Knechel and Jessie Dansby who has been replaced by Paul Barton-Kriese. As a result of the committee's input, he said, they have developed a check sheet that follows the new complaint policy and each item is discussed to make sure that each thing is completed. He said they have been beneficial to the Police Department and suggested that perhaps some of the members might appear at Council's next meeting to further explain how the committee works. Chief Shake said the committee needs a representative from the clergy and one from the criminal justice, adding that those interested may mail a letter of interest to him in care of the Police Department. Councilmember Wissel said that traditionally, with most of the advisory groups, there is distribution with members being chosen by both the executive and legislative branches. He said he feels that perhaps it would be a good check and balance system to have two and possibly three of the appointments made by Council.Chief Shake said that would be fine with him,adding that he believes this committee is beneficial, no matter who makes the appointments. Councilmember Sharp asked if Chief Shake felt that this committee has worked well and he responded that being a police officer himself, sometimes he has tunnel vision and he may not necessarily see the issues the way a civilian might see them. In answer to a question by Councilmember Dickman, Chief Shake said only sustained complaints go into the officers' personnel packet,adding that unfounded and unsubstantiated complaints do not. President Parker said Ordinance No. 66 — 2000 would come back on second reading at Council's September 18 meeting. ORDINANCES ON SECOND READING AND ENGROSSMENT AMENDED ORDINANCE NO.13—2000 The Clerk read Amended Ordinance No. 13 —2000—A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 Councilmember Elstro explained that the ordinance deals with a tax abatement request by Purina Mills for $1,416,000 for equipment. He recommended approval of the ordinance as amended at the last Council meeting. Common Council Minutes Cont'd September 5,2000 Page 6 President Parker announced that Ordinance No. 13 — 2000 was on public hearing. There being no comments either for or against, 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. 13—2000 to third and final reading as amended and read by title only, second by Councilmember Combs and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 13—2000 on third reading. Ordinance No. 13—2000 was adopted on a unanimous roll call vote. ORDINANCE NO.53—2000 The Clerk read Ordinance No. 53 — 2000 — A SPECIAL ORDINANCE VACATING A PORTION OF NORTH 2ND STREET Robert L. O'Maley, Wayne County Attorney, presented a drawing that showed the present block between 2nd and 3td streets of East Main and North A saying the jail building is proposed to be on this site. He pointed out the location of Main Street and South A, saying that the entire block would ultimately be parking for jail personnel and also for the Wayne County Courthouse. He added that Main Street would continue on down toward the Gorge and North A Street would remain the same.He said North 2nd Street is the issue,stating that it is 66 feet wide and the proposal is to take 16 feet from that street,making it 50 feet wide.He said this would facilitate the traffic pattern on 2nd Street,pointing out how North 2nd Street would become a vital part of the design. He said the request for the 16 feet was made on behalf of the Board of Wayne County Commissioners and, indirectly,all the citizens of Wayne County in that if the jail is built here this would be an integral part of it and necessary for it to be this width.He said a 50-foot wide street is not at all uncommon.He added that 3rd Street is not altered and none of the traffic patterns will be altered but it also facilitates keeping anything on Main Street because the traffic in and out of the jail would be on 2nd Street. In answer to a question by Councilmember Welch,O'Maley said the reduction of 16 feet would include the entire block of North A Street because, ultimately, it could well be that the entire structure would occupy that whole block. Discussion centered around the existing pavement narrowing in that area and Bever said it appears that if they had to they could move that pavement back.Planning Director Bob Goodwin stepped to the microphone,stating that there had been some negotiations which O'Maley had not been a part of and that is that the street would maintain the same width all the way back to A Street,plus, the County would be putting in the sidewalk on the west side. Councilmember Welch said with the statement that Goodwin made with the agreement, it removed his concern and his question. O'Maley said the vacation of any right of way is subject to the right of the existing utilities so the architects are aware that there is one storm water instance in that the water from the Swayne-Robinson building is taken off of those premises into a storm sewer which is on the west side of 2nd Street. He said they are fully aware of that and they would take the storm water over there. He also mentioned that there is a power line belonging to RP&L and they are aware of that and it will be handled. Goodwin said the vote of the Planning Commission was unanimous in requesting that Council approve this request for North 2nd Street. He said there was much discussion about what is going to happen on Main Street and it is not certain that it would always be a dead end,so the planning is that there is a through area because there may be a bridge there in the future. Also,he said, there will be two accesses from the Gorge Park, one of which would come up Main Street past the old gas company bridge. He said the street would be constructed in the same manner as the areas that have been reconstructed between 5th and 10th streets and that is with the brick sidewalks and the intersections which look like block. President Parker announced that Ordinance No. 53 — 2000 was on public hearing. There being no comments either for or against, Councilmember Elstro 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.53—2000 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a voice vote. The Clerk read Ordinance No.53—2000 on third reading. Ordinance No.53—2000 was adopted on a unanimous roll call vote. Common Council Minutes Cont'd September 5,2000 Page 7 ORDINANCE NO.56—2000 The Clerk read Ordinance No. 56 —2000—AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2001 SALARY ORDINANCE President Parker announced that this ordinance is on public hearing.There being no comments either for or against,Councilmember Wissel moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules on Ordinance No.56—2000 and move to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Clerk read Ordinance No.56—2000 on third reading. Ordinance No.56—2000 was adopted on a unanimous roll call vote. ORDINANCE NO.57—2000 The Clerk read Ordinance No. 57 — 2000 — AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED OFFICERS FOR 2001 President Parker announced that Ordinance No. 57 —2000 was on second reading and public hearing. He said this would be brought forward for Council's budget meeting September 28. ORDINANCES ON THIRD READING UNFINISHED BUSINESS CALL FOR ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. Larry Parker,President ATTEST: Norma Schroeder,Clerk