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HomeMy Public PortalAbout09-08-1987 5I PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA,SEPTEMBER 8, 1987 1 The Common Council of the City of Richmond, Indiana met in regular session September 8, 1987 at the hour 2 of 7:30 P.M. in the Council Chambers in said City. President Brookbank presided with the following 3 Councilmembers present: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris and Theobald. 4 Absent:None. The following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 SILENT DEVOTIONS 9 10 APPROVAL OF MINUTES OF AUGUST 17 and 24,1987 11 12 Councilmember Hankinson moved to approve the minutes of the previous meeting as prepared,seconded by 13 Councilmember Hutton and on unanimous voice vote the motion was carried. 14 15 COMMUNICATIONS FROM THE MAYOR 16 17 Mayor Waltermann introduced Mr.Jay Allen Mikesell,the new Director of Aviation and administered the Oath 18 to become a department head. 19 20 Mr. Mikesell told the Council that he had recently retired from twenty-two years of service with the military 21 and was a graduate of Richmond High School. He said his plans were to keep the airport moving on a forward 22 basis. 23 24 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 25 26 President Silberstein informed the Council that the Board had awarded bids for the paving of South G Street 27 and the pumping station at Highland Lake Golf Course. She said the Board also approved the hiring of 28 Robert Abner as a firefighter and approved the burning of a structure at 2401 Chester Boulevard for a 29 training exercise. 30 31 Ms. Silberstein stated the Board approved rules and regulations for employees of Rose View Transit and 32 affirmed orders for the removal of a dwelling at 1111 Sheridan Street,the repair of 1107 Sheridan Street and 33 the repair of 414 North 18th St. 34 35 Councilmember Williams asked that litter be investigated on the Glazer property. 36 37 MISCELLANEOUS BUSINESS 38 39 President Brookbank announced the annual Cities and Towns conference to be held starting on September 40 20, 1987 and asked any interested members of Council to contact the Clerk for information. 41 42 ORDINANCES 43 44 ORDINANCES ON FIRST READING 45 46 Councilmember Morris moved to suspend the rules and read Ordinance No.46, 47, 48 and 49-1987 on first 47 reading by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion was 48 carried. 49 50 ORDINANCE NO.46-1987 51 52 The Clerk read on first reading by title only,Ordinance No.46-1987-AN ORDINANCE AMENDING CHAPTER 53 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 54 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF 55 PROPERTY LOCATED AT 2906 EAST MAIN STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE 56 DISTRICT AND R-2 SINGLE FAMILY RESIDENCE TO R-3 SU AND R-2 SU AND PROVIDING FOR THE 57 SPECIAL USE OF SAID PROPERTY AS AN ACCESSORY OFF-STREET PARKING FACILITY. 58 59 President Brookbank announced Ordinance No.46-1987 would be assigned to the Plan Commission. 60 61 TRANSFER ORDINANCE NO.47-1987 62 63 The Clerk read on first reading by title only Ordinance No.47-1987-AN ORDINANCE TO TRANSFER WITHIN 64 THE GENERAL FUND. 65 Common Council Minutes Cont'd September 8, 1987 Page 2 1 Councilmember Morris moved to suspend the rules and move Ordinance No. 47-1987 to second reading, 2 seconded by Councilmember Williams and on unanimous voice vote the motion was carried. 3 4 The Clerk read Ordinance No.47-1987 on second reading. 5 6 President Brookbank announced Ordinance No. 47-1987 was on public hearing. 7 8 Mr. Barden explained to the Council the transfer would cover the cost of 1987 supplements that had been 9 donated to the City by the Council Law Library. 10 11 There being no further comments, Councilmember Elstro moved for engrossment of Ordinance No.47-987, 12 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 13 14 Councilmember Williams moved to suspend the rules and move Ordinance No. 47-1987 to third and final 15 reading and read by title only,seconded by Councilmember Morris and on unanimous voice vote the motion 16 was carried. 17 18 1 The Clerk read Ordinance No.47-1987 on third and final reading by title only. 19 20 ' Transfer Ordinance No.47-1987 was adopted on the following call of the roll: 21 - 22 Ayes: Elstro,Williams, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (9) 23 Nays: None. 24 25 APPROPRIATION ORDINANCE NO.48-1987 26 27 The Clerk read on first reading by title only Appropriation Ordinance No. 48-1987 - AN ORDINANCE TO 28 APPROPRIATE WITHIN THE GENERAL FUND. 291 30 President Brookbank announced Appropriation Ordinance No.48-1987 had to be advertised. 31 32 APPROPRIATION ORDINANCE NO.49-1987 33 34 The Clerk read on first reading by title only Appropriation Ordinance No. 48-1987 - AN ORDINANCE TO 35 APPROPRIATE WITHIN THE FEDERAL REVENUE SHARING TRUST FUND. 36 37 President Brookbank announced Appropriation Ordinance No.49-1987 had to be advertised. 38 39 ORDINANCES ON SECOND READING 40 41 ORDINANCE NO.45-198* 42 43 The Clerk read on second reading Ordinance No. 45-1986 - AN ORDINANCE PROHIBITING CERTAIN 44 DISCRIMINATORY PRACTICES AND ESTABLISHING A RICHMOND HUMAN RELATIONS COMMISSION. 45 46 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris moved to 47 accept and file the Proof of Publication,seconded by Councilmember Williams and on unanimous voice vote 48 the motion was carried. 49 50 President Brookbank announced Ordinance No.45-1986 was on public hearing. 51 52 Councilmember Williams informed the Council and the public that the ordinance had been under 53 consideration for some time. He said this administration undertook the problem when they came into office 54 and it had been assigned to a citizen committee for work. He said the Committee had worked very hard on 551 the ordinance and he feels the Council can pass the ordinance tonight. 5611 57 The following amendments were offered: 58 59 Councilmember Morris moved that Ordinance No. 45-1986 be amended in its entirety, seconded by 601 Councilmember Hutton and on unanimous voice vote the motion was carried. 61 62 Councilmember Williams moved to amend Section 4 (A) to read four members to be appointed by the 63 Common Council and three members to be appointed by the Mayor,seconded by Councilmember Hankinson 64 and on unanimous voice vote the motion was carried. 65 Common Council Minutes Cont'd September 8, 1987 Page 3 1 Councilmember Williams suggested the title be amended to say all discrimination, not just certain 2 discrimination. 3 4 Mr. Barden explained that the Constitution only provides certain protections, but the could strike the word 5 "certain". 6 7 Councilmember Williams moved to strike the work "certain" from the title of Ordinance No. 45-1987, 8 seconded by Councilmember Morris and on unanimous voice vote the motion was carried. 9 10 Councilmember Williams moved to change the words"Civil Rights"in the title to"Human Rights",seconded by 11 Councilmember Morris and on unanimous voice vote the motion was carried. 12 13 Councilmember Hutton asked the Committee to explained why it had been changed from Human Relations 14 Commission. 15 16 Mr. David Fulton, representing the Citizen Advisory Committee for the Human Relations Ordinance, 17 explained to the Council that they were following the State Statute regarding civil rights and felt the local 18 ordinance should reflect what the commission would actually be working with. He said it was not a point of 19 great contention and the words"Human Rights"would be fine. 20 21 Councilmember Williams stated it would be impossible to satisfy all and many will still be dissatisfied. He said 22 human rights concerns all and this administration did address the issue and not ignore the problems. 23 Councilmember Williams commended Mayor Waltermann for his efforts. 24 25 Councilmember Whitesell asked if the establishment of a local commission would preclude persons being 26 able to file with the State Commission and Mr. Barden said they could file with either commission, but not with 27 both. He said there would be a referral relationship with the State Commission. 28 29 Councilmember Parker commented that if the local commission does not find probable cause,then it can not 30 be filed with the state and Mr. Barden indicated that was correct. 31 32 Councilmember Hankinson asked how much duplication of efforts would be made with the workings of the 33 State Commission and Mr. Barden explained that in most cases the judication and mediation could be the 34 same as the State, but the local commission would be set up to handle more cases that fall between the 35 cracks. 36 37 Councilmember Morris commented that the committee had heard testimony from many persons that made it 38 clear that the State Commission was cumbersome and slow at best. She said they had listened to five 39 months of testimony and worked very hard. She said the careful investigation of this ordinance by the 40 committee represented democracy at its finest. Councilmember Morris said the committee has developed 41 the best ordinance for Richmond and had included the proposals of Mayor Waltermann. 42 43 Councilmember Whitesell said the philosophy of the ordinance is to establish a procedure which will hopefully 44 obtain citizen assistance and expand upon what is being carried out through the Information and Referral 45 Office. He said they should be able to avoid a lot of potential hearings by findings in the Director's position 46 and through the methods of resolving complaints. He said the ordinance points out the intentions in a 47 correct manner and looks beyond for other types of assistance. He said this a good step and may lead to 48 more long term and formal steps. 49 50 Speaking in favor of the ordinance was Mr. Frank Pumerville, 128 South 22nd Street. Mr. Pumerville 51 informed the Council that he was President of the Wayne County Council on Aging and they have reviewed 52 the proposed amended ordinance and had unanimously voted to support the ordinance. He said the 53 ordinance will be great help to seniors particularly in the area of funding since the State has established 54 certain criteria on minority concerns. Mr. Pumerville indicated the ordinance will also be helpful in the 55 education of employers and employees and act as a preventive step along with providing curative 56 measures. 57 58 Mr. David Fulton,205 South A Street, informed the Council he was a representative to the Citizen Committee 59 from the field of education. He said the ordinance will create a forum for complaints of potential civil rights 60 infractions to be voiced and resolved. He said it will be handled in a neutral fashion and is a vital need for any 61 city. Mr. Fulton said the commission will undertake public activities to create better knowledge of the 62 issues. 63 64 Mr. Fulton pointed out the compromise points of the Ordinance including the clause referring to an expiration 65 time unless the Council reinstates the Commission. He said the committee has tried to determine the need or demand and found this could not be answered. He said the Ordinance will give a trial period to prove the Common Council Minutes Cont'd September 8, 1987 Page 4 1 need and to get the information back to Council to justify the Commission or it will automatically expire. 2 3 Mr. Fulton said the ordinance was structured uniquely and this was through a proposal made by Mayor 4 Waltermann. He said the ordinance established that the already existing Information and Referral Office 5 would be the review board for receiving complaints and if they are discriminatory they will be forwarded to the 6 Director of the Commission. He said this is a unique arrangement and has two years to work and for 7 Common Council to decide the merits and worth of the Commission. 8 9 President Brookbank commented that during the last meeting of the Committee it was pointed out that the 10 job of an ombudsman was already being done by the I&R/Citizen Action Call Office and was being done 11 better than many communities with a full time paid staff. 12 13 Brenda Frazier-Christie, 32 South 21st Street, representing the Third World Caucus, urged adoption of the 14 Ordinance and spoke of the necessity of the City of Richmond to be in favor of human rights issues. 15 16 Rev. Girten, Mt. Moriah Church and Director of OIC, informed the Council he was past chairman of the prior 17 commission and said he believed this ordinance was on the right track and urged adoption. 18 19 Mr. Carl Henderson, 1212 South J Street,commented on the Mayor being responsible for the appointment of 20 the Director and that a Mayor not in favor of the Ordinance could stop the proceedings. He said this as a 21 good start, but like anything else would need to be pressed to get it started. 22 23 Councilmember Williams informed Mr. Henderson that the Council did not have the powers to hire a director, 24 but they can question any appointments and they will if necessary. 25 26 Councilmember Parker asked Mayor Waltermann to go over the proposed budget for the Commission 27 operations. Mayor Waltermann said the total budget would be 25,000. with 15,000. being dedicated to a 28 director on a case by case basis. He said 2,500. would go for supplies, 2,500.for educations materials and 29 travel for the Commission members and 5,000.would be used to enhance the operations of the MR as they 30 assume the referral responsibilities. 31 32 Ms. Sandy Suman, 104 Henley Road, informed the Council that she had served as Convener of the Citizen 33 Committee and was representing the Community Services Council. Ms. Suman read the following letter to 34 the Council from Dr.Jackson Bailey: 35 36 This letter will confirm my support for the Human Relations Ordinance. I believe that passage will benefit 37 the Japanese community, present and future. 38 39 I will be in Japan at the time the Ordinance comes before the Council. 40 41 I look forward to keeping in touch with you. 42 43 /s/ Jackson H. Bailey 44 Director, Institute for Education on Japan 45 46 Ms. Suman also presented a written statement in favor of the Ordinance to the Council to read at their 47 convenience. 48 49 Also speaking was Mr. Olin Moore, 1132 Boyer Street. Mr. Moore questioned all the hang ups on getting a 50 local commission started. 51 52 Ms. Sue Silberstein, 1908 Valley Drive,told the Council she had been involved with the Ordinance from the 53 beginning and was glad it had reached this stage. Ms. Silberstein expressed her concern that a paid staff 54 was needed and that serving on call could compromise the partiality of the director. She said this would also 55 prevent utilizing the director for education purposes. Ms. Silberstein indicated she supported a full time 56 position as set out in the original ordinance. 57 58 There was no one speaking in opposition to the Amended Ordinance. 59 60 Being no further comment, Councilmember Williams moved for engrossment of Amended Ordinance No. 45- 61 1986, seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 62 63 Councilmember Williams moved to suspend the rules and move Amended Ordinance No.45-1986 to third and 64 final reading and read by title only,seconded by Councilmember Whitesell and on unanimous voice vote the 65 motion was carried. h 5 Common Council Minutes Cont'd September 8, 1987 Page 5 1 The Clerk read on third and final reading by title only Amended Ordinance No. 45-1986 -AN ORDINANCE 2 PROHIBITING DISCRIMINATORY PRACTICES, AND ESTABLISHING A RICHMOND HUMAN RIGHTS 3 COMMISSION. 4 5 Councilmember Hankinson stated that he had intended to vote against the ordinance not believing in 6 duplicating already offered services through the State. He said that with the fervor developed and the 7 proposal for a trial basis he would support the ordinance. He said he hoped the process that has been 8 started will be improved in the two year period. 9 10 Amended Ordinance No.45-1986 was adopted on the following call of the roll: 11 12 Ayes: Elstro,Williams, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (9) 13 Nays: None 14 15 ORDINANCE NO.43-1987 16 17 The Clerk read on second reading Ordinance No.43-1987-AN ORDINANCE AMENDING CHAPTER 154 OF 18 THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING 19 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 20 LOCATED AT 110 EAST MAIN STREET FROM M-1 LIGHT INDUSTRIAL DISTRICT TO M-1 SU LIGHT 21 INDUSTRIAL SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY TO 22 PERMIT THE PLACEMENT OF AN INSURANCE AGENCY. 23 24 President Brookbank announced the ordinance was on public hearing. 25 26 Mr. Dan Dooley explained to the Council this was the sight of the former Clark Station and the Plan 27 Commission had unanimously voted for approval. 28 29 There being no further comment, Councilmember Hankinson moved for engrossment of Ordinance No. 43- 30 1987,seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 31 32 Councilmember Elstro moved to suspend the rules and move Ordinance No. 43-1987 to third and final 33 reading and read by title only,seconded by Councilmember Parker and on unanimous voice vote the motion 34 was carried. 35 36 The Clerk read Ordinance No.43-1987 on third and final reading. 37 38 Ordinance No.43-1987 was adopted on the following call of the roll: 39 40 Ayes: Elstro,Williams, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (9) 41 Nays: None 42 43 ORDINANCE NO.45-1987 44 45 The Clerk read on second reading Ordinance No. 45-1987 - AN ORDINANCE DECLARING THAT THE 46 REDEVELOPMENT DISTRICT BOND FUND IS A DORMANT FUND,WITH NO USES TO BE MADE OF SAID 47 FUND AND TRANSFERRING ALL FUNDS WITHIN THE REDEVELOPMENT DISTRICT BOND FUND TO THE 48 ACCOUNT OF THE COMMUNITY AND ECONOMIC DEVELOPMENT FUND. 49 50 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris moved to 51 accept and file the Proof of Publication,seconded by Councilmember Williams and on unanimous voice vote 52 the motion was carried. 53 54 President Brookbank announced Ordinance No.45-1987 was on public hearing. 55 56 Councilmember Parker asked how much was in the fund and would it be put into the Revolving Loan Fund 57 and Mr. Dooley explained there was a 125,000. in the fund and was a non reverting fund to pay the principal 58 and interest on redevelopment bonds. He said these have long since been paid off and these funds will be 59 transferred to the Community and Economic Development Loan Fund. 60 61 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by 62 Councilmember Parker and on unanimous voice vote the motion was carried. 63 64 Councilmember Whitesell moved to suspend the rules and move Ordinance No. 45-1987 to third and final 65 reading and read by title only,seconded by Councilmember Hutton and on unanimous voice vote the motion .401 Common Council Minutes Cont'd September 8, 1987 Page 6 1 was carried. 2 3 The Clerk read Ordinance No.45-1987 on third and final reading. 4 5 Ordinance No.45-1987 was adopted on the following call of the roll: 6 7 Ayes: Elstro,Williams, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (9) 8 Nays: None 9 10 ADJOURNMENT 11 12 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 13 14 15 16 17 Jane R. Brookbank, President 18 19 ATTEST: 20 Mary Merchanthouse,City Clerk 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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