HomeMy Public PortalAbout08-07-2000 PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND,INDIANA,MONDAY,AUGUST 7,2000
The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
August 7,2000,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 LUNDY
ROLL CALL
Nine present.
APPROVAL OF MINUTES
The minutes of the July 17,2000 meeting were not available.
•
PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS,
MOTIONS AND PUBLIC COMMENTS
COMMUNICATION FROM THE MAYOR
Mayor Dennis Andrews commented on the pending collective bargaining ordinance that he has proposed,
saying that he has not called Councilmembers for private conversation around this issue.He said he has not
made a habit of lobbying Councilmembers. He said he had decided tonight to speak from his heart as well
as his mind and hope that he would not offend anyone in the process.
He thanked Council for its help in improving the City's financial condition, adding that the street and
sanitation workers have been able to realize a competitive benefits package of good pay and improving
equipment with which to work the past several years. He said the laborer in the street department received
on the average of$26,000 in gross pay with none below$21,000. He also mentioned the benefits received
by the employees and stated that the street department had almost zero turnover.
He added that he generally had good relations with the employees and has known some of them for about
30 years. He said at the last Council meeting there had been, from many of the same people here tonight,
what he thought was a raid of insults which offered hardly any focus on the ordinance that is before
Council.Mentioning that ordinance,the Mayor said it makes the decision to recognize consistent with state
law and it creates a procedure to determine the majority status of affected employees. He said there is
nothing in the existing ordinance for recognizing unions. He said the administration is attempting to
establish those procedures tonight and is opposed by organized labor.
The Mayor reiterated that once the procedures are passed into City code,he would use the process outlined
in those procedures for the street department to move forward and he would recommend the Sanitation
Board do the same.He said that adding the procedures and utilizing them to proceed is consistent with the
recent court ruling by Judge Van Middlesworth. Alluding to a letter he received last week from the
AFSCME office he said one of the notable changes in it, as was expected, was that the ordinance language
give the elected officials of City government no say as to whether or not a union would be organized.
The second change, the Mayor said, that AFSCME proposes, which was not expected by the
administration, that the employees of streets and sanitation not be given a vote in the matter. He said he
strongly disagrees with that. He said when these two suggestions are put together that it is obvious that
AFSCME's proposal is not to give elected leadership a choice and not to give street and sanitation workers
a vote.He elaborated on how he feels about the importance of a secret vote. In conclusion, the Mayor said
many of the things he has said tonight are things that the Councilmembers would have heard on the
telephone in a private conversation had he chosen to make those calls.
The Mayor called attention to a proposed amendment that he submitted to Council. He said it deals with a
point in the process, adding that the amendment is being presented only for discussion, not for action
tonight.He said it states that if a majority of employees have been determined to favor recognition and the
Mayor or the relevant board or for any reason decide not to recognize a union,then Council could override
the decision with a two-thirds vote.
In answer to a question by Councilmember Lundy about the judge's ruling, City Attorney Bob Bever said
that the Judge did not order a specific recognition of any bargaining agent,adding that was specifically left
to a second stage. He said all the Judge's order did was make one interpretation of the 1971 ordinance
which said that the ordinance,as he interpreted it,allowed the City employees in any department to attempt
the selection of a collective bargaining agent.
Common Council Minutes Cont'd
August 7,2000
Page 2
He also said the Judge acknowledged that there was no procedure set in that ordinance to show or to follow
as to which that agent might be. Bever said the Judge said that he hoped the procedures would be
established so there would be something to go on.
Councilmember Elstro asked Bever if this ordinance did get passed, what would it do to the Firefighters,
Police and Transit.Bever responded that they would stay like they are because this would have no bearing
on existing contracts, adding that a tentative agreement had been reached with the firefighters and the
police are in the process of taking a vote on their contract.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
President Parker said the minutes of the meetings of July 6, 13 and 20,2000 were included in their packets.
REPORTS FROM DEPARTMENT HEADS
City Controller Shelley Miller said that prior to the meeting tonight she had distributed the schedule for the
2001 Budget process, adding that at this time the administration has met with the department heads and
received their requests. She said that hopefully the 2001 budget would be in their hands by the end of next
week and she requested that they could go ahead and set up the Committee of the Whole meetings for the
budget process. She said those meetings have been held on the third week of August, adding that she had
set those meetings to be held between August 21 and 25. President Parker said he would poll the
Councilmembers on what their preference would be on dates and amount of meetings and get back with
Miller.
REPORTS FROM STANDING COMMITTEES
REPORTS FROM SPECIAL COMMITTEES
REPORTS FROM ORGANIZATIONS
MISCELLANEOUS BUSINESS
Councilmember Hutton nominated Vanessa Orr to replace Ira Carter on the Urban Enterprise Board,stating
that he would be difficult to replace because of his past involvement in the North Richmond Neighborhood,
second by Councilmember Lundy and the motion was carried on a voice vote. The appointment will be
only for the remainder of this year.
ORDINANCES ON FIRST READING
Councilmember Elstro moved to suspend the rules and read by title only Ordinances No.51 and 54—2000,
second by Councilmember Welch and the motion was carried on a voice vote.
ORDINANCE NO. 51—2000
The Deputy Clerk read Ordinance No. 51 — AN APPROPRIATION ORDINANCE AMENDING THE
2000 BUDGET
Bob Wiwi,director of Public Works&Engineering,explained this ordinance deals with a transfer from the
3000 account into the 2000 accounts. He said the reason for the transfer is that the department is running
short in those 2000 accounts which include copier charges, office supplies, gasoline and general supplies.
He said he is requesting a transfer from the Technical Services account.
Councilmember Wissel moved to suspend the rules and advance Ordinance No. 51 — 2000 to second
reading and read by title only, second by Councilmember Welch and the motion was carried on a
unanimous voice vote.
The Deputy Clerk read Ordinance No.51—2000 on second reading.
President Parker declared the ordinance on public hearing. There being no comments either for or against,
Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the motion was
carried on a voice vote.
Councilmember Welch moved to suspend the rules and advance Ordinance No.51—2000 to third and final
reading and read by title only, second by Councilmember Wissel and the motion was carried on a voice
vote.
The Deputy Clerk read Ordinance No.51—2000 on third reading.
Ordinance No.51—2000 was adopted on a unanimous roll call vote.
Common Council Minutes Cont'd
August 7,2000
Page 3
ORDINANCE NO.52 —2000
The Deputy Clerk read Ordinance No. 52 — 2000 — A SPECIAL ORDINANCE AUTHORIZING THE
CITY OF RICHMOND TO RECEIVE A DONATION
"WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a
specific purpose;and
"WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such
property for the intended purpose.
"NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
following donations to the Richmond Police Department be accepted, gratefully acknowledged by the
citizens of Richmond,and appropriated for the uses so indicated:
"1. $200.00 from Nelson & Associates Inc. (Greenwood Apartments) to assist with expenses for the
Neighborhood Picnic sponsored by the Richmond Police Department.
"2. $200.00 from Richmond Lodge #167 L.O.O.M. to assist with the costs of producing police officer
trading cards."
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 52 — 2000 to second
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.52—2000 on second reading.
President Parker declared Ordinance No. 52—2000 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.52—2000 to third and final
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.52—2000 on third reading.
Ordinance No.52—2000 was adopted on a unanimous roll call vote.
President Parker thanked Greenwood Apartments and the Moose for their donations to the City.
ORDINANCE NO. 54—2000
The Deputy Clerk read Ordinance No. 54— 2000 — A SPECIAL ORDINANCE AUTHORIZING THE
SUBMITTAL OF A GRANT APPLICATION TO THE INDIANA DEPARTMENT OF
TRANSPORTATION
Wiwi explained that through this application they are applying for grant funding for Roseview Transit and
Paratransit for the calendar year 2001.He said the amount being requested is $826,366 and of this amount
$640,066 is for operating expense and $186,300 is for capital expenditures. He said the latter number
includes requests for a new bus,two new Paratransit vans,a transit wash facility and two fuel tanks.
Councilmember Wissel moved to suspend the rules and advance Ordinance No. 54 — 2000 to second
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.54—2000 on second reading.
President Parker declared Ordinance No. 54—2000 on public hearing. There being no comments either for
or against, Councilmember Dickman moved for engrossment, second by Councilmember Sharp and the
motion was carried on a voice vote.
Councilmember Welch moved to suspend the rules and advance Ordinance No.54—2000 to third and final
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.54—2000 on third reading.
Ordinance No.54—2000 was adopted on a unanimous roll call vote.
Common Council Minutes Cont'd
August 7,2000
Page 4
ORDINANCES ON SECOND READING AND ENGROSSMENT
ORDINANCE NO.12—2000
The Deputy Clerk read Ordinance No. 12 — 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 asked that this ordinance as well as Ordinance No. 13 — 2000 be held. President
Parker asked that a time limit be set on both and Councilmember Elstro suggested that be the next meeting
of Council.
ORDINANCE NO.13—2000
The Deputy Clerk read 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
This also would be held until the next meeting of Council.
ORDINANCE NO.28—2000
The Clerk read Ordinance No. 28 —2000—A GENERAL ORDINANCE AMENDING SECTION 154.45
TO THE CITY OF RICHMOND CODE REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS
Bob Goodwin, director of Planning, gave the background on this ordinance noting that multiple changes
had been made on the ordinance. He read the letter he had written for Council in which he stated the two
most recent suggestions which were made by Councilmember Welch who requested that these be
considered by Council and bring the ordinance back at Council's next meeting.
Councilmember Combs recalled that at the public hearing that it was suggested by a citizen that the term
"multi-use pedestrian trails" be included. He pointed out those places, noting that the first is on Page 2
under (b) Usable open space and recreation areas could "including multi-use pedestrian trails." He asked
Goodwin if that could be included there and Goodwin answered that he didn't see a problem there,but he
would make a note about it. Councilmember Combs also noted that on Page 10 under (12) "proposed
easements for utilities, pavements, sidewalks, alleys and parking, including widths," the citizen suggested
inserting"multi-use pedestrian trails"between"alleys" and"parking." Goodwin, again, said he would see
no problem with it but he would make that note on the ordinance.
President Parker questioned the use of the word"shall"instead of"may"in the ordinance.Bever suggested
the language used to be "any desired multi-use trail" after the word "areas" under (b) on Page 2. Both
President Parker and Councilmember Combs agreed to that language suggested by Bever.
Councilmember Dickman asked about 154.45.09 "Development Plan Content" commenting that the prior
information about P.U.D. was going to include asking for a drainage plan at that point and asked if there
was some reason for that. Goodwin answered that it had been moved from the preliminary stage to the
secondary stage and that is still required.
Goodwin suggested that this ordinance be held until the next meeting of Council. He added that the
changes that were made will be in bold print and also bold with italics and the latter will be those brought
up this evening. At the request of Councilmember Wissel, Goodwin pointed out those changes and their
locations.He said that ordinance,reflecting those changes,would be brought back at the next meeting.
At the invitation of President Parker who stated that the ordinance is on public hearing,Mark Handley,205
South 34th Street, said he had read an older draft of the ordinance and he had seen nothing in it that stated
who was responsible for enforcement.President Parker said that would be the responsibility of the Planning
Department.
ORDINANCE NO. 42-2000
The Deputy Clerk read Ordinance No. 42 — 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
President Parker declared Ordinance No.42—2000 on public hearing.
Councilmember Combs explained that this is a request made by B &F Plastics Inc. at 540 North 8th Street,
for a tax abatement He said they area asking for a 10-year tax abatement in the amount of$235,000 for a
130 millimeter sterling extruder which would allow them to set up a new production line and to hire six
new employees while retaining 64.He recommended approval.
Common Council Minutes Cont'd
August 7,2000
Page 5
There being no comments either for or against, Councilmember Elstro moved for engrossment, second by
Councilmember Dickman and the motion was carried on a voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No.42—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.42—2000 on third reading.
Ordinance No.42—2000 was adopted on a unanimous roll call vote.
ORDINANCE NO.43—2000
The Deputy Clerk read Ordinance No. 43 — 2000 — A SPECIAL ORDINANCE AMENDING THE
ZONING MAP AT 2250 WILLIAMSBURG PIKE,RICHMOND,INDIANA
Councilmember Wissel explained that the Richmond Advisory Planning Commission conducted a public
hearing on this on July 27, 2000,requesting a re-zoning of 133 acres from an M-2 General Industrial to a
C-4 General Commercial.He said there were favorable comments from two Richmond Community School
Board members,Marilyn Russo and David Stidham,as well as Tourism Director Mary Walker.He said the
Planning staff made a recommendation for approval with an 8—0 vote.
President Parker declared Ordinance No.43—2000 on public hearing.
Speaking in support of the ordinance was Dave Bane, General Manager of Tom Raper Inc., who said they
are requesting the approval to re-zone land which they own south of I-70.He said it is currently farmed and
is pastured. The purpose of the request, he said, is that they would like to begin the transition of their
business lines to the interstate and if this is approved they would like to begin with the movement of their
manufactured homes subsidiary to the interstate on the land directly next to the Coca-Cola plant. He said
they feel that a re-zoning would support further business growth by all the businesses which would
eventually reside in the Midwest Industrial Park as well as existing businesses along Williamsburg Pike
today,which includes Tom Raper Inc.
He explained the reasons for doing that, noting that C-4 designation is required for them to move their
businesses to the interstate. He said that designation is required for them to have interstate visibility along
I-70, adding that research has shown from their manufacturers that that would greatly enhance their traffic
and visibility to the thousands of vehicles that pass on I-70.Bane said they feel C-4 is needed to support the
industrial base around their facility, stating that they currently have problems with employees who have to
migrate in mass for lunch and they feel the C-4 re-zoning would attract retail eating establishments which
would help and support those businesses around that area.
Bane said what he is talking about with a manufactured home complex is something that resembles a
subdivision, featuring lakes, fountains and homes placed in landscaping and an environmental setting so it
looks like you're driving into a neighborhood.He said it would also have streetlights,which would make it
look very attractive from the interstate.
Councilmember Welch asked about the anticipated timing around the move if this is approved. Bane said
their initial plans would be to move the homes to the interstate,provided they have sufficient support from
permits. He said they would like to see that later in the fall and hopefully they might have something in
place next summer.
President Parker declared Ordinance No.43—2000 on public hearing. There being no comments either for
or against, Councilmember Wissel 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.43—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.43—2000 on third reading.
Ordinance No.43—2000 was adopted on a unanimous roll call vote.
Councilmember Elstro asked if it would be possible to move Ordinances No.46—2000 and No. 48—2000
to be acted upon ahead of Ordinance No. 45 —2000, which deals with the collective bargaining. President
Parker announced that those two ordinances would be discussed and dealt with, followed by a five-minute
break before the discussion on Ordinance No.45—2000.
Common Council Minutes Cont'd
August 7,2000
Page 6
ORDINANCE NO.46—2000
The Deputy Clerk read Ordinance No. 46 — 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 Sharp explained that this ordinance deals with a request by Michael E. Lyons for a new
building which would be located on the old Medical Arts Building lot.He said it would be a 4,000 square
foot office building with an estimated value of$325,000.He recommended approval of the request.
President Parker declared Ordinance No.46—2000 on public hearing. There being no comments either for
or against, Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the
motion was carried on a voice vote.
Councilmember Wissel moved to suspend the rules and advance Ordinance No.46—2000 to third and final
reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice
vote.
The Deputy Clerk read Ordinance No.46—2000 on third reading.
Ordinance No.46—2000 was adopted on a unanimous roll call vote.
ORDINANCE NO.48—2000
The Deputy Clerk read Ordinance No. 48 — 2000 — A SPECIAL ORDINANCE CREATING A PARK
FACILITIES NON-REVERTING CAPITAL FUND
President Parker said Ordinance No. 48 — 2000 would be held until the next Council meeting. He
announced a five-minute recess.
ORDINANCE NO. 45—2000
The Deputy Clerk read Ordinance No.45—2000—A GENERAL ORDINANCE AMENDING CHAPTER
33.04 OF THE CITY CODE REGARDING EMPLOYEE COLLECTIVE BARGAINING AND THE
PROCEDURE ASSOCIATED THEREWITH
President Parker said this ordinance is still on public hearing and asked those speaking to keep their
comments brief and to the point without repeating comments that have been made previously.
Debbie Garcia of AFSCME proceeded to explain the background, telling about how many meetings were
conducted after the street and sanitation employees came to AFSCME and asked to be represented. She
explained the procedure which included building a committee after which the majority of those employees
were in favor of having AFSCME be its exclusive bargaining agent.
She said after that AFSCME petitioned the Mayor after seeing there was a current ordinance in place
saying they had the right to organize so they petitioned the Mayor. After getting the denial letter from the
Mayor AFSCME came to the Council,she said,questioning the ordinance. She said in the afternoon before
the Council meeting the Mayor requested a meeting with them and she recounted the actions in that
meeting, saying she explained to the Mayor there were three different ways they could go. She said she
wanted to make it clear that AFSCME is not trying to take away any vote from the employees, adding that
they think it should be the employees' decision. The procedure, she said, should be to use the Indiana
Department of Labor to conduct the elections.
Victor Conti, 629 North West M Street and an employee of Richmond State Hospital and a member of
another state union, said he was here because of reading in the newspaper about what was going on. He
said he had read the current ordinance as well as the one before Council tonight and had some questions
about them, voicing those. He said he couldn't understand why the Judge's decision was not recognized
and he questioned all the"whereas" statements in Ordinance No. 45—2000. He defended the rights of the
City employees to choose someone to speak for them.
Jim Mills, president of AFSCME Council No. 62 which represents public employees throughout Indiana
and Kentucky, responded to a couple of comments made earlier by the Mayor. He said the employees in
question came to him about 18 months ago, starting with anonymous phone calls, saying they had issues
which included health,safety,respect and dignity.He said they are asking for justice.
Dan Harris of Richmond Street Department, saying he was one of the people who has been trying to get a
union established, commenting that there is already an ordinance in place and it needs to be clarified, then
go back to the Judge and let him do that.
Common Council Minutes Cont'd
August 7,2000
Page 7
Nancy McCormack of Lynn, the AFL/CIO Community Services liaison regional director, said she is here
tonight representing the national AFL/CIO in the department of field mobilization. She said 18 months ago
these Richmond City employees had majority status and 97 percent of them said they wanted a voice at
work. She said she is asking Councilmembers to vote against this ordinance and allow these employees to
have their majority status.
Michelle Martin,7185 Seven Oaks Drive,said she is council organizing director for AFSCME Council No.
62. She said she takes exception to anyone saying that AFSCME intimidate employees, adding that these
employees in question signed authorization cards 20 months ago, in confidence and of their own free will.
She said the question here is whether or not the Mayor will recognize AFSCME as the bargaining
representative for the street and sanitation workers.
Others speaking included Gerald Miracle, 135 South 4th Street, of the Richmond Street Department who
said he was one of those who signed the card asking for AFCSME representation; Mike Brown, president
of East Central AFL/CIO and Richmond is part of his area of representation,commented that no one spoke
in favor of this ordinance when the invitation was extended by President Parker and proceeded to extol the
benefits of union representation; Byron Klute, 323 South 19th Street, talked about the"rules" that Council
has before it tonight and cited the purposes of different unions and groups; Ron Michaels, a wastewater
treatment operator with the Sanitation Department, commented about the hours he and his fellow
employees are expected to work, saying they should have the right to say who should represent them;Bill
Clouse of Lynn spoke in favor of union organization commenting on reasons for being organized and the
benefits of choosing to do so, giving some examples of problems caused by opposing unionization in the
past.
There being no further comments on the ordinance,Councilmember Wissel moved for engrossment,second
by Councilmember Sharp and the motion was defeated because of the one "No" vote by Councilmember
Elstro.President Parker announced that Ordinance No.45 would be brought back before Council at its next
meeting.
ORDINANCES ON THIRD READING
There were none.
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:
Myra Miller,Deputy Clerk