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