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HomeMy Public PortalAbout12-15-2003PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, DECEMBER 15, 2003 The Common Council of the City of Richmond, Indiana met at the regular session Monday, December 15, 2003, in the Council Chambers in said City. President Bing Welch presided with the following Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Karl Sharp, Bruce Wissel, Larry Parker, Stephen H. Rabe, Phil Dickman and Sarah "Sally" Hutton. The following business was conducted: PRAYER BY COUNCILMEMBER LUNDY ROLL CALL Nine present. APPROVAL OF MINUTES Councilmember Parker moved to approve the minutes of the December 1, 2003 meeting, second by Councilmember Hutton and the motion was carried on a voice vote. PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING) AMENDED RESOLUTION NO. 11— 2003 — A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN PROPERTY INTO THE TOWN OF CENTERVILLE Explaining the current status of Amended Resolution No. 11, City Attorney Bob Bever said that after negotiations and discussions with the town of Centerville officials and their attorney agreement has been reached regarding this resolution. He said it affects both the town of Centerville's request for Council's approval of their annexation as well as a joint petition that the town of Centerville and the City of Richmond will go forward with on obtaining new contiguous unincorporated area planning and zoning jurisdictions. He said he had prepared an amended Resolution No. 11 — 2003 which has this Council approving Centerville's request for its own annexation but incorporating that agreement between the town of Centerville and the City of Richmond have reached on the areas that will now be in Richmond's two-mile fringe area and in Centerville's two-mile fringe area. He said what has to happen now is for the Plan Commission of both communities to approve the joint petition and present it to the Wayne County Commissioners. Then, he said, after a public hearing that body will approve those extended two-mile fringe areas, adding that he feels confident that the Commissioners will go along with the agreement and may try to take action before the end of this year. He added that he appreciated the cooperation the City is getting with the town of Centerville. Councilmember Dickman moved to adopt the amended resolution, second by Councilmember Parker. Don Eliason of Eliason Road North of Centerville asked to look at the map to see the areas that will be affected and was satisfied that he would not be personally affected. The motion was carried on a unanimous voice vote. RESOLUTION NO. 12 — 2003 —.A RESOLUTION APPROVING THE 2004 POLICE CONTRACT Bever also explained this resolution, saying that the one-year contract that was presented to the Board of Works for its approval included a zero increase on wages which the Fraternal Order of Police requested so the medical insurance benefits for the Police Department's retirees could be increased. Councilmember Lundy moved to adopt the resolution, second by Councilmember Elstro and the motion was carried on a voice vote. RESOLUTION NO. 13 — 2003 — A RESOLUTION APPROVING A LEASE OF FORMER DANA FOUNDRY Bever said this resolution regards the future of the Dana Foundry building. He explained that a company by the name of Richland came forward in hopes of purchasing the foundry, however nothing has been finalized at this time. He said since this is Council's last meeting of the year he asked that Council approve the lease between the Redevelopment Commission and the Economic Development Corporation of Wayne County as stated and explained in the lease itself, with the contingencies that E.D.C. becomes the owner and that the Redevelopment Commission enters into this satisfactory sub -lease. He also added that Council could take this resolution through the three readings and adopt it tonight if that is agreeable. Common Council Minutes Cont'd December 15, 2003 Page 2 Jim Hizer, president of B.D.C., spoke in support of this resolution adding to the explanation given by Bever. He said this is all about trying to save 65-plus jobs at the foundry. He said that as it stands now an extension of the purchase agreement seems inevitable, but as long as everybody is talking it is possible to pull this thing together. In answer to a question by Councilmember Parker about the 26 acres, Bever said this is just the parking lot and building and Hizer added that it excludes the capped landfill and the uncapped landfill. President Welch commented that he felt it is prudent for Council to move forward on this and treat this resolution just like an ordinance. Councilmember Sharp moved to advance the resolution to second reading and read by title only, second by Councilmember Rabe and the motion was carried on a voice vote. The Clerk read Resolution No. 13 — 2003 on second reading. President Welch declared the resolution on public hearing. There being no comments either for or against the resolution, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Elstro moved to suspend the rules and advance Resolution No. 13 —2003 to third and final reading and read by title only, second by Councilmember Rabe and the motion was carried on a voice vote. The Clerk read Resolution No. 13 — 2003 on third reading. Resolution No. 13 — 2003 was adopted on a unanimous roll call vote. RESOLUTION NO. 14 — 2003 — A RESOLUTION DETAILING HOW CAPITAL AND NON - CAPITAL SERVICES SHALL BE ADMINISTERED TO A CERTAIN 53.3 ACRE TRACT THAT HAS BEEN VOLUNTARILY PROPOSED FOR ANNEXATION INTO THE CITY OF RICHMOND Assistant City Attorney Joel Harvey explained that this ordinance adopts the fiscal plan which details how these services will be administered to this area. He said that he had included the statement explaining that the petitioner chose not to install sidewalks and streetlights which are not required by Chapter 153 of City Code, adding that it is anticipated that neither will be provided in the future to that proposed area. Councilmember Parker moved to adopt Resolution No. 14 — 2003, second by Councilmember Sharp and the motion was carried on a voice vote. COMMUNICATION FROM THE MAYOR Bever announced that Mayor Shelley Miller is a patient at Reid Hospital where she is being treated for pneumonia. President Welch expressed his appreciation to Mayor Miller for her cooperation with Councilmembers. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the Board of Works meetings of November 20, 2003 were in the Council packets. REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Welch asked the Centerville High School students in the audience to come forward and introduce themselves. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinance No. 86, 89, 90, 91, 92, 93, 94, and 95 — 2003 on first reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. Common Council Minutes Cont'd December 15, 2003 Page 3 ORDINANCE NO. 86-2003 The Clerk read Ordinance No. 86 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING ADDITIONAL APPROPRIATIONS IN CERTAIN FUNDS City Controller Ann Cottongim explained that this ordinance deals with an additional request for the local road and street fund. She said that what took place is when the 2003 budget was certified only the appropriations of $263,487 were allowed, which was not the amount the city had requested. She said it was assumed that last year's entire budget was completely spent and they couldn't see that there was sufficient cash balance to appropriate the full amount that was requested. She added that there is $593,000 available in local road and streets and she said she needs an additional appropriation to cover the current year expenditures of $165,000 which would leave the local road and street cash balance exactly as projected for this year end. Councilmember Sharp moved to suspend the rules and advance Ordinance No. 86- 2003 to second reading, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 86 —2003 on second reading. President Welch announced that Ordinance No. 86 — 2003 was on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Parker moved to suspend the rules and advance Ordinance No. 86 — 2003 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 86 — 2003 on third reading. Ordinance No. 86 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 89 — 2003 The Clerk read Ordinance No. 86 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM PARTNERSHIP FOR A DRUG FREE WAYNE COUNTY Explaining this ordinance was Carol Miller, coordinator of the Widowed Persons program, who said these funds would be used to purchase two videos, working with not only widowed but other senior citizens. She said the videos deal with the dangers of mixing prescription drugs and alcohol and getting carried away playing bingo and going to the gambling boat. She said the videos stress the fact that these things are fun as long as you have a budget and stick to it. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 89 — 2003 to second reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Clerk read Ordinance No. 89 —2003 on second reading. President Welch declared the ordinance on public hearing. There being no comments either for or against the ordinance, 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 89 — 2003 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. 89 — 2003 on third reading. Ordinance No. 89 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO.90 — 2003 The Clerk read Ordinance No. 90 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE UPS FOUNDATION Explaining this ordinance was Erin Hitz, community recreation coordinator for the Parks and Recreation Department, saying that it deals with a request for a grant for $3,500 from the UPS Foundation for the department's Just Us Kids (JUKO) outdoors program. Common Council Minutes Cont'd December 15, 2003 Page 4 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 90 — 2003 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 90 — 2003 on second reading. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Rabe and the motion was carried on a voice vote. Councilmember Sharp moved to suspend the rules and advance Ordinance No. 90 — 2003 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. 90 — 2003 on third reading. Ordinance No. 90 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 91— 2003 The Clerk read Ordinance No. 91 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM ROSIE'S FOR ALL KIDS FOUNDATION Hitz also explained this ordinance saying that Rosie's focuses on economically disadvantaged youth in America and this is a request for a grant of $3,000 for the JUKO program. Councilmember Parker asked President Welch if Hitz could also explain Ordinance No. 92 — 2003 at this time. He said that was a good idea and asked Hitz to continue. She said that ordinance deals with a request for a $3,500 grant from the Pepsico Foundation which focuses on fitness for youth and it is also for the JUKO program. Councilmember Parker moved to suspend the rules and advance Ordinance No. 90 — 2003 to second reading and read by title only, second by Councilmember Hutton and the motion was carried on a voice vote. The Clerk read Ordinance No. 91 —2003 on second reading. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Dickman moved for engrossment, second by Councilmember Lundy and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 91— 2003 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. 91 —2003 on third reading. Ordinance No. 91 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 92 — 2003 The Clerk read Ordinance No. 92 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE PEPSICO FOUNDATION Councilmember Parker moved to suspend the rules and advance Ordinance No. 92 — 2003 to second reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Ordinance No. 92 —2003 on second reading. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Lundy moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 92 — 2003 to third and final reading and read by title only, second by Councilmember Hutton and the motion was carried on a voice vote. Common Council Minutes Cont'd December 15, 2003 Page 5 The Clerk read Ordinance No. 92 — 2003 on third reading. Ordinance No. 92 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 93 — 2003 The Clerk read Ordinance No. 93 — 2003 — AN APPROPRIATION ORDINANCE AMENDING THE 2003 BUDGET City Controller Ann Cottongim explained that this ordinance deals with a request from the Richmond Fire Department to transfer $41,653.99 into the overtime account. Councilmember Sharp moved to suspend the rules and advance Ordinance No. 93 — 2003 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 93 —2003 on second reading. President Welch 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 Elstro moved to suspend the rules and advance Ordinance No. 93 — 2003 to third and final reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. The Clerk read Ordinance No. 93 —2003 on third reading. Ordinance No. 93 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 94 — 2003 The Clerk read Ordinance No. 94 — 2003 — AN APPROPRIATION ORDINANCE AMENDING THE 2003 BUDGET Cottongim also explained this ordinance which deals with a request by the Human Resources Department to delete $258.40 from Copier Charges and add it to Unemployment Compensation. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 94 — 2003 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 94 —2003 on second reading. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Parker moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Sharp moved to suspend the rules and advance Ordinance No. 94 — 2003 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. 94 — 2003 on third reading. Ordinance No. 94 — 2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 95 — 2003 The Clerk read Ordinance No. 95 — 2003 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE PARTNERSHIP FOR A DRUG FREE WAYNE COUNTY Explaining this ordinance was Dean Snapp, Richmond Police Department canine unit, saying that this is a request for a $7,100 grant for the City and also Wayne County canine units to upgrade the equipment, training and certifications and possibly to insure their dogs. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 95 — 2003 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 95 —2003 on second reading. Common Council Minutes Cont'd December 15, 2003 Page 6 President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Sharp and the motion was carried on a voice vote. Councilmember Sharp moved to suspend the rules and advance Ordinance No. 95 — 2003 to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 95 —2003 on third reading. Ordinance No. 95 — 2003 was adopted on a unanimous roll call vote. City Attorney Bob Bever called attention to the fact that Ordinance No. 85 — 2003, which is in conjunction with Resolution No. 14 — 2003, was inadvertently omitted from tonight's agenda. Councilmember Lundy moved to amend the agenda and bring Ordinance No. 85 — 2003 back on second reading. ORDINANCES ON SECOND READING AND ENGROSSMENT AMENDED ORDINANCE NO. 23 — 2003 The Clerk read Amended Ordinance No. 23 — 2003 — A GENERAL ORDINANCE AMENDING SECTION 10.99 OF THE RICHMOND CODE President Welch declared Amended Ordinance No. 23 — 2003 on public hearing. Bever explained that this is the ordinance that increases 53 different offenses from a $50 fine to a $100 fine, leaves 52 at the same amount and eliminates 8 code violations. There being no comments either for or against, Councilmember Rabe moved for engrossment, second by Councilmember Sharp and the motion was carried on a voice vote. Councilmember Parker moved to suspend the rules and advance Amended Ordinance No. 23 — 2003 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 23 — 2003 on third reading. Councilmember Rabe said he was part of the committee that helped with this ordinance and he was going to vote in favor of it because he believes it is a step in the right direction. He said he would like to remind City government that it does not exist to fine its citizens but rather to work with them for the benefit of the community. Amended Ordinance No. 23 —2003 was adopted on a unanimous roll call vote. ORDINANCE NO. 85 — 2003 The Clerk read Ordinance No. 85 — 2003 — A SPECIAL ORDINANCE ANNEXING CERTAIN CONTIGUOUS LANDS INTO THE CITY OF RICHMOND President Welch said this ordinance deals with the services and intended services the City will provide under a voluntary basis. President Welch declared the ordinance on public hearing. There being no comments either for or against, Councilmember Rabe moved for engrossment, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Sharp moved to suspend the rules and advance Ordinance No. 85 — 2003 to third and final reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. The Clerk read Ordinance No. 85 —2003 on third reading. Ordinance No. 85 — 2003 was adopted on a unanimous roll call vote. ORDINANCES ON THIRD READING There were none. Common Council Minutes Cont'd December 15, 2003 Page 7 Councilmember Rabe commented on the fact that Gordon Moore is in the audience tonight and he alluded to his resignation as Street Department director and expressed his appreciation for his services to the City. He also thanked the other Councilmembers for their support in the 10 months he has served on Council. President Welch also added his words of appreciation for Moore's work with the City. Councilmember Lundy said she would miss everyone who is leaving. Councilmember Dickman expressed his appreciation of the other Councilmembers and commented on his four years on Council. He said he feels there have been a lot of positive things for the City and he feels that there are some good years ahead. President Welch wished everyone "a Merry Christmas, peace on earth and love and joy." City Attorney Bever also commented that this is his last meeting and added that it had been his pleasure to work with this Council and the City administration. CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 9:20 P.M. ATTEST: Norma Schroeder, Clerk Bing Welch, President