HomeMy Public PortalAbout09-21-1992 15 5'
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY_OF_RICHMOND._1NDIANA,_SEPTEMBER21_,1992
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 September 21, 1992, in the Council Chambers in said City. President Elstro presided with the following
3 Councilmembers present: Lundy, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The
4 following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
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8 PRAYER-COUNCILMEMBER LUNDY
9
10 ROLL CALL,
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12 APPROVAL OF MINUTES OFSEPTEMBER 8.1992
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14 Councilmember Brookbank made a motion to approve the minutes of the September 8, 1992 meeting as
15 prepared,seconded by Councilmember Allen and carried on a unanimous voice vote.
16
17 COMMUNICATION FROM THE MAYOR
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19 None
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21 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
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23 VACATION PETITION NO. 5 - 1992- (ORDINANCE NO. 64- 1992) -A PETITION TO VACATE A PUBLIC
24 WAY LOCATED AT 1600 RICH ROAD AND EXTENDING NORTH 480 FEET
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26 In explaining the petition, City Attorney Thomas Milligan noted the owners, Elder Family Partners, L.P., have
27 requested the vacation of a public way located at 1600 Rich Road extending north 480 feet.
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29 Earnest Jarvis, director of Public Works, said the site runs north to south from Rich Road paralleling Flatley
30 Road to the north. Milligan said the City will maintain the ownership of the nearby strip in the event there will
31 be future development to the north and it ever became desirable to proceed with the original plan of a
32 boulevard type highway there the City would have the right of way through there. With the adoption of the
33 petition the City's obligation to maintain the area covered by the petition is terminated.
34
35 President Elstro declared the petition on public hearing. Councilmember McBride made the motion to refer
36 the petition to the Planning Commission, second by Councilmember Parker and carried by a unanimous
37 voice vote.
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39 REPORT FROM CITY DEPARTMENTS
40
41 None presented.
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43 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
44
45 Minutes of the September 3 and September 10 meetings were in the packets.
46
47 REPORTS FROM STANDING COMMITTEES
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49 None
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51 REPORTS FROM SPECIAL COMMITTEES
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53 None
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55 REPORTS FROM OTHER COUNCIL COMMITTEES
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57 None
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59 ORDINANCES
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61 ORDINANCES ON FIRST READING
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63 Councilmember Hutton made a motion to suspend the rules and read on first reading by title only
64 Ordinances No. 63, 64 and 65 - 1992, second by Councilmember Dickman and carried on a unanimous
65 voice vote.
156
Common Council Minutes Cont'd
S-eptember-2_ t992
Page 2
ORDINANCE NO.63-1992
' The Clerk read Ordinance No. 63 - 1992 - A GENERAL ORDINANCE AMENDING SECTION 91.17 OF
THE RICHMOND CODE, COMMONLY REFERRED TO AS THE DANGEROUS OR VICIOUS DOG
ORDINANCE
President Elstro announced the ordinance would go into the Committee of the Whole.
ORDINANCE NO.64-1992
10
1 The Clerk read Ordinance No.64- 1992-A SPECIAL ORDINANCE VACATING A PUBLIC WAY LOCATED
1 AT 1600 RICH ROAD AND EXTENDING NORTH 480 FEET
1
1, President Elstro announced the ordinance would go to the Planning Commission.
1'
1. ORDINANCE NO.65-1992
1
1: The Clerk read Ordinance No. 65 - 1992 - AN APPROPRIATION ORDINANCE AMENDING THE 1992
19 BUDGET
20
2' Milligan explained the purpose of the ordinance was to transfer funds within the airport budget to cover the
22 expense of the printing of T-shirts sold at the Boogie taking place over the Labor Day weekend. Kent
2 Haisley, transportation manager for the City, said the money received from the sale of the shirts during the
24 annual sky-diving event more than paid the bill for the printing.
2$
2 Councilmember McBride moved to suspend the rules and advance Ordinance No. 65 - 1992 to second
2 reading and read by title only,second by Councilmember Brookbank and carried by a unanimous voice vote.
2
2 The Clerk read Ordinance No.65- 1992 on second reading.
3
3 President Elstro declared the ordinance on public hearing. There being no comments either for or against,
3 Councilmember Brookbank moved for engrossment, second by Councilmember McBride and carried by a
3 unanimous voice vote.
34
3S Councilmember Lundy moved to suspend the rules and advance Ordinance No. 65 - 1992 to third and final
3 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.13.
3 The Clerk read Ordinance No. 65-1992 on third reading.
3
4 Ordinance No. 65-1992 was adopted by the following call of the roll:
41
4 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9)
4 Nays:None
4
ORDINANCES ON SECOND READING
44
4 ORDINANCE NO.44-1992
4
4 The Clerk read Ordinance No. 44 - 1992 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE
5 1993 SALARY ORDINANCE
5
52 City Controller Dennis Grimes explained that the last time this ordinance was before Council the salaries
53 were listed on an annual basis. He explained the necessity for presenting a bi-weekly amount on the salary
15 ordinance allows his office to calculate the payroll on a worked day-worked paid basis.
5
5 Hutton asked why hourly employees were not included in the ordinance. Milligan explained that it is a salary
5 ordinance and not for those receiving an hourly pay rate. He added that the statute states that the Mayor
5 shall set forth in the ordinance the recommended salaries of appointed deputies, employees and positions.
5 All persons employed by the City are not in the ordinance because the statute doesn't require it.
6
6 Grimes pointed out that on page 4, section 10, 10.05 crossing guard, should be deleted since it deals with a
6' part-time employee.
6'
6, Councilmember Parker moved to amend, second by Councilmember Brookbank and carried by a
6• unanimous voice vote.
157
Common Council Minutes Cont'd
Sepiembel_21,1992
P-a a e-3
1 In further action, Councilmember Lundy moved to amend Ordinance No. 44 - 1992, second by
2 Councilmember Parker and carried by a unanimous voice vote.
3
4 President Elstro declared the ordinance on public hearing. There being no comments either for or against,
5 Councilmember Brookbank moved for engrossment, second by Councilmember Lundy and carried by a
6 unanimous voice vote.
7
8 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 44 - 1992 to third and
9 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
10 vote.
11
12 The Clerk read Ordinance No.44-1992 on third reading.
13
14 President Elstro questioned both Mayor Cornett and Grimes as to whether all the salaries covered in the
15 ordinance were the same as last year. Both answered in the affirmative.
16
17 Ordinance No.44-1992 was adopted by the following call of the roll:
18
19 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro(9)
20 Nays: None
21
22 Milligan advised Council that an ordinance is forthcoming in which elected officials' salaries will be put in
23 bi-weekly form to get them on the same plain as those mentioned in the salary ordinance.
24
25 ORDINANCE NO.52-1992
26
27 The Clerk read Ordinance No. 52 - 1992 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE
28 1993 BUDGET
29
30 City Controller Dennis Grimes distributed copies of comparison figures dealing with attorney fees. He stated
31 that the comparison included Richmond with a population of 38,705, Elkhart with 43,672 and Columbus with
32 31,802. He said he had had conversations with the controllers of both Elkhart and Columbus and the
33 numbers he was given indicated to the best of their knowledge what they anticipate for the remainder of the
34 year and what is projected for 1993.
35
36 Legal costs for Richmond: 1989 -Salaries and benefits, actual, $50,592;contractual legal services, $89,240;
37 making a total of $139,832. 1990 - actual salaries and benefits, $51,832; contractual legal services,
38 $63,026;making a total of$114,858. 1991 -actual salaries and benefits,$53,387; contractual legal services,
39 $70,746;making a total of$124,133.00. 1992- projections, salaries and benefits non-applicable,contractual
40 legal services, $120,000. 1993 - projections, $120,000. Grimes pointed out that in the 1990 actual, 15 legal
41 firms were contracted to provide the service of contract and litigation services at a rate ranging from $80 per
42 hour to$150 per hour.
43
44 Columbus comparison figures: 1991 - Actual salaries and benefits, $67,345; contractual legal services,
45 $21,34; making a total of $88,690. 1992 - projections, salaries and benefits, $70,714; contractual legal
46 services$87,500;making a total of$158,214. 1993- projections,salaries and benefits, $77,835;contractual
47 legal services, $30,000;making a total of$107,835.
48
49 Elkhart comparison figures: 1991 -Actual salaries and benefits, $96,000;contractual legal services, $45,000;
50 making a total of $141,000. 1992 - projections, salaries and benefits, $105,600; contractual legal services,
51 $150,000; making a total of $255,600. 1993 - projections, salaries and benefits, $104,320; contractual legal
52 services, $21,900; making a total of$126,220.
53
54 Hutton asked if a transfer could be made to litigation. Mayor Cornett explained that the City Controller had
55 spent hours putting together the information given to Council and it would be inconsistent now to turn around
56 and split it up again. He said the next major item of business before Council will be the Master Plan which will
57 require a lot of legal services when dealing with annexation issues. He said he wants to make sure the
58 budget will allow the City to get on with the Master Plan.
59
60 Councilmember Donat asked Grimes if the figures quoted from the other two cities included the office staff.
61 He responded that it was strictly attorney fees and that he did not have total legal department budgets for the
62 two cities. In response to a question by Hutton, Grimes said Columbus has a City Attorney and two
63 assistants and in Elkhart,there are two attorneys.
64
65
158
Common Council Minutes Cont'd
September 21, 1992
Rago 4
Dickman asked about the $30,000 in litigation and Grimes said it was designated for settlements and the
name had been changed in an effort to establish a more perfect audit trail. He said he had tried to impress
on department heads that they should budget for items and spend the money exactly where it is budgeted.
He added that expenditures within categories do not require Council approval, only the approval of
department heads and the Controller.
Councilman Dickman moved to change Account No.3121 to settlements,second by McBride and carried by
a unanimous voice vote.
1 Milligan explained that the budget is the best knowledge applied to what is foreseen -a spending plan. The
1 unforseen amount of litigation, such as the 1968 explosion, blew the city's legal budget all apart and those _
1 kinds of information are not known at this time. He said it will be necessary to come back before Council and
1 secure an additional appropriation for the transfer of funds from one category to another. He said in adopting
14 the budget Council is not adopting a contract for these services but simply adopting a fund to enable the city
1 to purchase the services. He added that it can't cost more without approval of Council.
1
1 Councilmember Hutton requested that Councilmembers receive monthly reports on the legal fees and
1 Grimes said there is no problem concurring with the request.
1
2 President Elstro declared the ordinance on public hearing.
2
2 Mayor Cornett recommended the following amendments to the 1992 budget on page 25:Account No. 1196,
2 delete $5,700; Account No. 1220, delete $350; Account No. 1222, delete $80; bringing the total to $6,130.
2 And, adding to Account No. 1221, $4,000;Account No. 1302, $2,130; ending with the total of$6,130.
2
2 Grimes explained that the adjustments are attributed to salary adjustments including the original department
2 of administration budget estimate rescinded at the September 8 Council meeting which included $5,700 for
2 salaries; $350 for Social Security;$80 for Medicare;$4,000 for unemployemnt;and$2,130 for overtime.
2
3 Councilmember McBride moved to adopt the amendments, second by Councilmember Brookbank and
3 carried by a unanimous voice vote.
3
3 Councilmember Brookbank moved for engrossment, second by Councilmember Dickman and carried by a
3 unanimous voice vote.
3
3 Councilmember Brookbank moved to suspend the rules on Ordinance No. 52 - 1992 and read on third
3 reading by title only, second by Councilmember McBride and carried by a unanimous voice vote.
3
3 The Clerk read Ordinance No.52-1992 on third reading.
4
4 President Elstro commented to the Mayor that at the September 8 Council meeting he stated that if Council
4 adopted the budget it would be their budget. He told the Mayor it was his budget, he made it, but the Council
4 would bless it.
4
4. Ordinance No.52- 1992 was adopted by the following call of the roll:
4.
4 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (8)
4 Nays: Donat(1)
14
5' MISCELLANEOUS BUSINESS
5
5 Councilmember Brookbank stated that the City block parties are beginning this coming weekend and
5 encouraged people to participate.
5
5 Councilmember Lundy asked about the Human Rights Commission and read a portion of Section 6 of the
5. ordinance where it states that the Mayor selects and appoints a director who may only be removed by a
5 majority vote of the Commission. She questioned whether the Mayor had the right to take the director off.
5 Mayor Cornett responded that he had addressed that with the Commission's board of directors. He
5 explained that the wording applied meant removing with cause. He explained that the individual was not
6' being terminated,the position was simply not being budgeted.
6
6 Milligan explained that by placing those responsibilities with Jan Hibner in the Department of Law it would
6 mean more resources there to handle the issues,of human rights than there are in the department as it is
64 currently structured. In answer to a question posed by Elstro, Mayor Cornett said if the re-structuring runs
65 into too many complications it could always go back the way it was before.
Common Council Minutes Cont'd
September 21, 1992
Page-5
1 Hibner will assume the responsibilities of the Human Rights Director and a mayoral appointment will be
2 made to the Commission whose decision it will be as to whether the restructuring is working. Mayor Cornett
3 said if the services rendered are not appropriate he feels there will be enough of a human cry to get the
4 Council's attention.
5
6 President Elstro recognized Mary Alexander, who identified herself as a concerned citizen, who asked the
7 definition of an ordinance.Milligan explained that it is an official act of the Common Council in a second class
8 city in the state of Indiana. He added that the Council is the only body that can change an ordinance. The
9 Mayor, he said, appoints the executive director of the Human Rights Commission and as of January 1, 1992,
10 those duties will be assigned to Jan Hibner who will also have other duties.
11
12 Alexander said she did not understand why Council had no input. She said she had no problem with a
13 change but she wonders if anyone has a problem will they go to the City Attorney's office. Milligan said
14 virtually every provision for enforcement of human rights set forth in that ordinance requires some type of
15 legal enforcement and he can't think of a more appropriate place for it to be than in the Department of Law.
16
17 Milligan further explained that the City Attorney serves as attorney for the Human Rights Commission and
18 the position of director had been eliminated in the 1993 spending plan. Being consistent with the ordinance,
19 the purse strings are controlled by Council.The Commission has no power to spend money on its own.
20
21 ADJOURNMENT
22
23 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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30 Howard J. Elstro, President
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36 ATTEST:
37 Norma Carnes, City Clerk
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