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HomeMy Public PortalAbout05-15-1989 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MAY 15, 1989 1 I The Common Council of the City of Richmond, Indiana met in regular session May 15, 1989 at the hour of 2 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following 3 Councilmembers present: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust. 4 Absent: None. Representatives of the following media were in attendance: WKBV/WFMG, WHON/WQLK 5 and Palladium Item. The following business was had to-wit: 6 7 I PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 APPROVAL OF MINUTES OF MAY 1, 1989 12 13 I Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded 14 by Councilmember McBride and on unanimous voice vote the motion was carried. 15 16 COMMUNICATIONS FROM THE MAYOR 17 18 Mayor Frank H. Waltermann spoke of the Police Memorial Service held on this date and complimented those 19 involved for an excellent service. He reported that within the past two weeks Robert Wiwi had been hired as 20 Public Works Director and Joyce Schmitz as Director of Administrative Services. 21 22 ' Mayor Waltermann said there had been a lot of work with Economic Development and the Planning 23 Department on the Performing Arts Center or Cultural Center as he prefers it called. He said he would keep 24 the Common Council updated on future developments and is currently establishing a Blue Ribbon panel to 25 ! investigate financial feasibility. 26 27 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS 28 29 None 30 31 REPORTS FROM CITY DEPARTMENTS 32 33 None were presented. 34 35 REPORTS FROM OTHER OFFICES 36 37 None were presented. 38 39 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 40 41 Mr. Barden reported that the Board had approved several 1989 Rose Festival requests, awarded bids for 42 mowing equipment and decided to participate in the Community Correction Work Program. 43 44 Councilmember Elstro asked who supervised mowing of lots for the City and Mr. Barden said a contract had 45 just been awarded and Dana Leas supervises. 46 II 47 f Councilmember Elstro asked about the median in front of the High School not being mowed and Mr. Barden 48 said that either the Park should be responsible and he would pass the information to them. 49 50 REPORTS FROM SPECIAL COMMITTEES 51 52 None. 53 54 REPORTS FROM STANDING COMMITTEES 55 56 Park Board 57 58 President Hutton reported that all bond issue projects were under way and the pool was scheduled to open 59 on June 2, 1989 with the senior center opening scheduled for September 10, 1989. 60 61 REPORTS FROM SPECIAL COUNCIL COMMITTEES 62 63 None 64 65 MISCELLANEOUS BUSINESS None was presented. 4 Common Council Minutes Cont'd May 15, 1989 Page 2 1 2 RESOLUTIONS 3 Councilmember Morris moved to suspend the rules and read Resolution No. 10-1989 by title only, seconded 4 by Councilmember Elstro and cn unanimous voice vote the motion was carried. 5 6 RESOLUTION NO. 10-1989 7 8 The Clerk read by title only Resolution No. 10-1989 -A RESOLUTION APPROVING THE STATEMENT OF 9 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT 10 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION 11 AREAS IN THE CITY OF RICHMOND, INDIANA. 12 13 Mr. Dooley explained there were several firms listed in the Resolution since the deadline was May 15, 1989 14 for filing. He said all were evaluated and the committee recommended they be approved. 15 16 Councilmember Elstro moved for adoption of Resolution No. 10-1989, seconded by Council member Morris 17 and on unanimous voice vote the motion was carried. 18 19 ORDINANCES 20 21 ORDINANCES ON FIRST READING 22 23 Councilmember Elstro moved Lo suspend the rules and read Ordinances No. 28, 29, 30, and 31-1989 on 24 first reading by title only, seconded by Councilmember Brookbank and on unanimous voice vote the motion 25 was carried. 26 27 ORDINANCE NO. 28-1989 28 29 The Clerk read on first reading by title only Ordinance No. 28-1989 - AN ORDINANCE GRANTING 30 PRELIMINARY APPROVAL TO A RESIDENTIAL DEVELOPMENT UNIT PROJECT IN A R-4 31 MULTI-FAMILY RESIDENCE DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF THE DRIVE 32 KNOWN AS SOUTH 52ND PLACE, PURSUANT TO ARTICLES 45 AND 48 CHAPTER 154 OF THE 33 CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF 34 RICHMOND, INDIANA. 35 36 President Hutton assigned Ordinance No.28-1989 to the Plan Commission for public hearing. 37 38 ORDINANCE NO. 29-1989 39 40 The Clerk read on first reading by title only Ordinance No. 29-1989 - AN ORDINANCE GRANTING 41 PRELIMINARY APPROVAL TO A RESIDENTIAL DEVELOPMENT UNIT PROJECT IN A R-4 42 MULTI-FAMILY RESIDENCE DISTRICT ON PROPERTY LOCATED ON THE SOUTH SIDE OF SOUTH L 43 STREET IN THE 1800 BLOCK, PURSUANT TO ARTICLES 45 AND 48 CHAPTER 154 OF THE CODE OF 44 ORDINANCES, COMMONLY `<NOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 45 INDIANA. 46 47 President Hutton assigned Ordinance No.29-1989 to the Plan Commission for public hearing. 48 49 ORDINANCE NO.30-1989 50 51 The Clerk read on first reading by title only Ordinance No. 30-1989 - AN ORDINANCE FIXING THE 52 ANNUAL SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF RICHMOND. 53 54 President Hutton announced the ordinance would be advertised for a thirty day period for public hearing. 55 56 ORDINANCE NO.31-1989 57 58 The Clerk read on first reading by title only Ordinance No. 31-1989 - AN ORDINANCE REPLACING 59 AMENDED SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND. 60 61 President Hutton announced tho ordinance needed to be advertised for public hearing. 62 63 Councilmember Elstro asked why this ordinance needed to be advertised and requested anyone in 64 attendance wishing to speak bs allowed. 65 227 Common Council Minutes Cont'd May 15, 1989 Page 3 1 Mr. Tom Seal, 234 South 4th Street,Attorney at Law representing Firefighters Local 1408 presented his view 2 on advertisement of the ordinance. Mr. Seal said only ordinance with penalties need to be advertised and if 3 published in book form publication is not required. 4 5 City Attorney Barden informed the Council that it has been his practice to over advertise and he likes to see 6 code changes be advertised. He said it gives a chance for public notification and comment on ordinances 7 affecting laws or changes to laws. 8 9 Councilmember Elstro moved to suspend the rules and move Ordinance No. 31-1989 to second reading. 10 The motion was seconded by Councilmember Hankinson and defeated on a voice vote with Councilmember • 11 Morris voting no. 12 13 President Hutton allowed persons speaking in favor or in opposition to make comment on first reading. 14 15 Mr. Tom Seal told the Council this ordinance was being presented since the City Attorney had determined 16 the existing Fact Finding Ordinance unenforceable. He said the present ordinance requires a 2/3 vote of the 17 legislative body or the recommendations of the Fact Finding Panel would become binding with this being a 18 stricter requirement than state law. He said by changing that 2/3 to a simple majority the ordinance would be 19 consistent with the Indiana Code. 20 21 Mr. Seal explained that Mr. Ruckleshaus, Attorney for Police and Fire on a statewide level, had proposed the 22 ordinance as presented and Local 1408 feels that fact finding is necessary. 23 24 Councilmember Paust said he had not had the opportunity to look at all the materials furnished and asked 25 what the solution might be if Council does not agree with the fact finding recommendation. 26 27 Mr. Seal said the Council defeat the ordinance incorporating the recommendations of the fact finders if they 28 did not agree. 29 30 Councilmember Paust asked what the next step would be to reach agreement if the Council defeated the 31 ordinance and Mr. Seal said that if Council did not agree Council could suspend the rules on their own 32 volition and could negotiation with the Firefighters or request the administration to go back to the table. He 33 said if the Council agreed with the recommendations and adopted the ordinance they would be binding. 34 35 Councilmember Paust commented that there needed to be a procedure to ultimately solve the problem, 36 otherwise it could just go back to the beginning continually. 37 38 I Mr. Seal said that was only in the unlikely event that Council did not agree with the recommendations. 39 40 Councilmember Parker asked Mr. Barden to comment on the proposed Ordinance versus an ordinance that 41 I had been proposed in 1985 and stricken by the Council. (Ordinance No. 129-1985) 42 43 Mr. Barden said there had been a vast amount of research go into Ordinance No. 129-1985 and it had been 44 proposed after comments from the Court with regard to the Palladium-Item law suit last time there was fact 45 finding called. 46 47 Councilmember Paust questioned the ability of the Council to override a veto of the Mayor of the proposed 48 ordinance since it would require a 2/3 vote and then the problem would be right back where it is now. 49 50 President Hutton requested the discussion of Ordinance No. 31-1989 be continued in a Committee of the 51 Whole meeting. 52 53 Councilmember Brookbank set May 24, 1989 at 7:00 PM as a date and time for a Committee of the Whole on 54 Ordinance No.31-1989. 55 56 ORDINANCE ON SECOND READING 57 58 ORDINANCE NO. 25-1989 59 60 The Clerk read on second reading Ordinance No. 25-1989- AN ORDINANCE VACATING TWO (2) PUBLIC 61 ,ALLEYS WITHIN THE CITY OF RICHMOND, INDIANA, BEING A TWELVE (12) FOOT WIDE ALLEY AND 62 AN EIGHT (8) FOOT WIDE ALLEY, SAID CONTIGUOUS ALLEYS RUNNING SOUTH OFF OF SOUTH G 63 STREET BETWEEN SOUH 6TH AND SOUTH 7TH STREETS. 64 65 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris moved to 28 Common Council Minutes Cont'd May 15, 1989 Page 4 1 accept and file the Proof of Publication, seconded by Councilmember Brookbank and on unanimous voice 2 vote the motion was carried. 3 4 President Hutton announced Ordinance No. 25-1989 was on public hearing. 5 6 There being no public comment, Councilmember Hankinson moved for engrossment, seconded by 7 Councilmember Elstro and on unanimous voice vote the motion was carried. 8 9 Councilmember Elstro moved to suspend the rules and move Ordinance No. 25-1989 to third and final 10 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 11 motion was carried. 12 13 The Clerk read Ordinance No.25-1989 on third and final reading by title only. 14 15 Ordinance No.25-1989 was adopted on the following call of the roll: 16 17 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 18 Nays: None. 19 20 ORDINANCE NO. 27-1989 21 22 The Clerk read on second reading Ordinance No. 27-1989 - AN ORDINANCE AMENDING CERTAIN 23 PROVISIONS OF THE POLICE MERIT COMMISSION OF THE CITY OF RICHMOND. 24 25 President Hutton announced Ordinance No. 27-1989 was on for public hearing. 26 27 Speaking for Ordinance No. 27-1989 was Mr.Jack Portzline, President of the Police Merit Commission. 28 29 Mr. Portzline told the Council that he would like to make a general statement regarding the Police 30 Department in light of the recent questions and events in the department. 31 32 Mr. Portzline said in his opinion the Richmond Police Department was an excellent Department and one to 33 be proud of, with for the most part quality officers. He said the testing company for the Merit Commission 34 has commented that this is one of the finest departments in the state. 35 36 Mr. Portzline said the most unfortunate problem always is a morale problem since they see people 37 continually question their abilities and integrity. 38 39 Mr. Portzline asked the Council to keep in mind that most officers have nothing to do with the current 40 problem, but all are being examined casting a shadow over the entire department. He said he feels the 41 problem is blown well out of proportion and should be settled in the judicial system. He concluded that this is 42 an excellent Police Department and one the Council and the City can be proud of and the City is positively 43 getting their money's worth. 44 45 Mr. Portzline explained Ordinance No. 27-1989 and that it was asking the Merit Commission budget be 46 established separate from the Police Department. He said there has been no problem, but the City Attorney 47 feels they should have an independent budget and both the Police Department and the Merit Commission 48 have no problem with the suggestion. 49 50 Councilmember asked what the cost would be and Mr. Portzline said the budget varies depending on testing 51 costs. 52 53 Mr. Barden explained there would be no additional cost since the funds were already in the Police budget 54 and'would just be put in a separate Merit Commission budget. Mr. Barden said this recommendation and 55 others he is prepared to make will bring the Merit Commission in line with the findings of a recent court case. 56 57 There being no further discussion, Councilmember Morris moved for engrossment, seconded by 58 Councilmember Paust and on unanimous voice vote the motion was carried. 59 60 Councilmember Morris moved to suspend the rules and move Ordinance No. 27-1989 to third and final 61 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 62 motion was carried. 63 64 The Clerk read Ordinance No.27-1989 on third and final reading by title only. 65 6)29 Common Council Minutes Con_'d May 15, 1989 Page 5 1 Ordinance No.27-1989 was adopted on the following call of the roll: 2 3 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 4 Nays: None. 5 6 OTHER BUSINESS 7 8 Councilmember Elstro questioned the proper handling of Ordinance No. 24-1989 since it had not been listed 9 on the agenda as the agenda was originally published, but had been placed on an amended copy of the 10 agenda presented for use at the meeting. He said since this was an appropriation, he felt it had been 11 illegally done and the Council should reconsider. 12 13 Mr. Barden said he felt it had been properly handled since the Council allowed the addition to the Agenda by 14 the fact that they took final action on the Ordinance at that meeting. 15 16 RESCHEDULE REGULAR MEETING OF COMMON COUNCIL 17 18 Due to the lack of a quorum being available for the meeting of June 5, 1989, Councilmember Hankinson 19 moved to establish June 12, 1989 as the date for a regular meeting of the Common Council, seconded by 20 Councilmember Brookbank and on unanimous voice vote the motion was carried. 21 22 ADJOURNMENT 23 24 There being no further business, on a motion duly made, seconded and passed, the meeting was 25 adjourned. 26 27 28 29 30 Sarah L. Hutton, President 31 32 33 34 35 36 ATTEST: 37 38 Mary Merchanthouse, City Clerk 39 40 • 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 230