HomeMy Public PortalAbout07-19-1999 PROCEEDINGS OF THE COMMON COUNCIL OF
THE CITY OF RICHMOND,INDIANA,MONDAY,JULY 19,1999
,E
The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,July
19, 1999, in the Council Chambers in said City. President Bing Welch presided with the following
Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Robert Dickman, Sarah "Sally" Hutton,
Geneva "Gene" Allen, Dennis R. Rice Sr., Bruce Wissel and Larry Parker. The following business was
conducted:
PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILMEMBER WISSEL
ROLL CALL
Nine present.
APPROVAL OF MINUTES
Councilmember Rice moved to approve the minutes of the July 6, 1999 meeting, second by
Councilmember Parker and the motion was carried on a unanimous voice vote.
Councilmember Hutton moved to open the agenda and add Resolution No. 2— 1999 and also allow Meta
Swindell from the Moose to speak, second by Councilmember Parker and the motion was carried on a
unanimous voice vote.
PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS,
MOTIONS AND PUBLIC COMMENTS
The Clerk read Resolution No. 2 — 1999 — A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA SUPPORTING THE BIPARTISAN BOND FAIRNESS AND
PROTECTION ACT OF 1999
David Osburn, general manager of Richmond Power & Light, explained the reason and the principles
behind this resolution. He said the industry is starting to go through a lot of restructuring, which is
deregulation, and whenever any industry goes through this, the players always try to position themselves
politically to try to get legislation passed in their favor. What has happened in the industry, he said, is that
the investor-owned utilities know they are at a disadvantage compared to public power systems such as RP
&L and are trying to get legislation passed that would make any outstanding debt taxable and not to allow
the issuance of any more taxes and financing which has always been a mainstay of any municipal body
such as an electric utility,to issue taxes and financing.
He said RP & L is currently in a position where it does not have any outstanding debt, but he feels it is
important that the City supports this. He said Senators Kerrey and Gorton have introduced a bond
protection and fairness act which basically protects any outstanding debt of municipal electric utilities that
may want to enter into a competitive environment. He said this is being supported by the APPA of which
RP&L is a member and so far it's going very well.One thing APPA has asked is that communities such as
this one to pass a resolution supporting this.He said there have been about 80 communities so far that have
passed similar resolutions.He also asked that this Council support this.
Councilmember Welch said he had noticed that the recommendation is that this be sent to Senator Bayh,
Senator Lugar and Rep. McIntosh, adding that he is sure that copies will be sent to APPA for inclusion in
any lobbying efforts that they take for it. Osburn answered that a copy will be sent to APPA.
Councilmember Elstro moved for the adoption of Resolution No. 2 — 1999, second by Councilmember
Wissel and the motion was carried on a unanimous voice vote.
Meta Swindell,chairperson of the government relations for the local chapter of the Moose Lodge as well as
for the Fifth District,said she wanted to get some information so they can take part in the local government.
She said they are interested in learning about the new zoning laws, sales tax, property tax, all the zoning
ordinances that would have to do with the Moose Lodge, licensing for gaming, liquor and food service,
building permits and what the codes are, all ordinances on smoking, drinking and discrimination. She said
what they learn on the local level will be used in working on a state level with legislators.
President Welch responded to her statements by pointing out that Bob Goodwin, planning director, and
City Attorney Bob Bever,both present at this meeting, are the two people she can talk with about most of
what she wants to know about codes,permits and ordinances.
COMMUNICATION FROM THE MAYOR
There was none.
Common Council Minutes Cont'd
July 19, 1999
Page 2
REPORTS FROM CITY DEPARTMENTS
Craig Cordi, director of the Sanitary Department, gave Council an update on the projects on which his
department is working. He said they have tried to help the community with more communications on what
exactly the Sanitary Department is doing and to do more in the field of public relations.He talked about the
highly publicized program of recycling that has been put into effect and are still trying to get the point
across that the department needs to know what problems exist within the community.
He said they hosted an open house last year, which included tours of the treatment plant, the recycling
center and the landfill. He said more than 500 people came through the facility in a little over four hours
which led him to believe it was a success. He said one of the biggest projects was getting the three-yard
containers out of the alleys and converting the residential neighborhoods over to Rosie Rollers.Every area,
he said, should be converted over except for the multi areas which they are working with now to address
how the containers can be locked so they would be the only ones having access to them. A couple of
programs spinning off from that, he said, are working with Community Corrections and the second phase
of the landfill.
In the area of Community Corrections, Cordi said, there is an ordinance before Council tonight will help
the department beef up their enforcement of litter. He said they are going to use that ordinance and
hopefully, have a press conference, to initiate their alley cleanup program which will be out with
Community Corrections and doing alleys in the City to make sure they are kept clean.
He said they have started construction on the second phase of Cell 3 of the landfill and also covered phase
II so they're doing both construction projects together. He added that it had been estimated that by doing
that they have saved the City almost $400,000 in construction costs. He said those projects would be
completed by the September 30 deadline, adding that they have to go to permitting to IDEM by November.
He said the state just awarded the department a $94,000 grant to go ahead and purchase the tub grinder,
which is half a match payment.He said that would help to continue the recycling program with grinding up
the tubs and the brush that is out at the landfill because all of that is considered diverted recyclable
materials and that goes against not having what is in the landfill,meaning that it saves space in the landfill.
He said that the next phase of recycling they're going to be working on will be trying to implement the
multi units and how to get them in on the project. He said that includes institutions, commercial businesses
and schools, along with anyone who would like to join. And, concerning liquid waste, Cordi said the
treatment facility is going through a$4 million upgrade now,putting in a million-gallon sludge storage tank
and the digesters are being upgraded. Looking at the sewer systems, Cordi said it is important that they
know where some of the flooding is happening and they are looking at an overall flood program.
He said the new siphon was turned on in January and it is running full power now and it has greatly
increased the capacity of the southeast sewer basin and there have been a lot of dramatic drops in overflows
in residences. They have also purchased some new equipment and are doing some more study of that
system. He said they have an area that they know has some defects and they're looking at that now and
possibly before the end of this year or the first of next they will be making some major corrective action in
that area.
The other area they want to address is getting everybody in the City and the district on sewers. He said
those are being mapped out now. He said last week the state came in and did an inspection of the treatment
facility, it is the Indiana Water Pollution Control Association with the state and IDEM in conjunction they
do a safety inspection and for the second consecutive year they granted the department the safety award
which they will be receiving in the fall at their annual convention. He said that award reflects on the
employees at the Sanitary District because they are the ones who do all the work,keeping the plant straight
and keeping it clean.He said he appreciated all their hard work,adding that the award is well deserved.
President Welch asked Cordi if they are looking at those residential areas adjacent to the Industrial Park.
Cordi said the Board of Sanitary Commissioners has taken a stand that nothing outside their boundaries
now would be looked at until we've addressed the problems inside. Councilmember Wissel said he gets a
lot of calls about the Rosie Rollers being left out beyond the 12-hour period the ordinance allows and, in
reading the ordinance, the Sanitary Department is in charge of enforcing that ordinance. He asked about
their procedure in enforcing that and is he to understand the right of way is not included on that if the Rosie
Roller is kept on the median between the street and sidewalk. Cordi answered that their action in enforcing
it is that they usually go out and talk to the resident and shows them the letter with the wording on where
they need to put the Rosie Roller.However,they have not taken any real firm stance on that right now,but
they are looking at that to be a part of the revitalization of Chapter 93, which speaks to the enforcement of
litter.
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
President Welch said the minutes of the meetings of June 24 and July of the Board of Works were included
in their packets.
Common Council Minutes Cont'd
July 19, 1999
Page 3
REPORTS FROM STANDING COMMITTEES
REPORTS FROM SPECIAL COMMITTEES
REPORTS FROM ORGANIZATIONS
MISCELLANEOUS BUSINESS
President Welch commented on the visitation to the City by Channel 13, WTHR TV of Indianapolis on
July 9, stating that he thought it was quite a happening for Richmond and hoped that it gave the City some
statewide recognition.
ORDINANCES ON FIRST READING
Councilmember Elstro moved to suspend the rules and read Ordinances No. 60, 61 and 62— 1999 on first
reading and read by title only. However,before the second,President Welch announced that Ordinance 60
— 1999 would be removed and would not be considered tonight but would be revised and resubmitted.
Councilmember Elstro amended his motion to include only Ordinances No. 61 and 62, second by
Councilmember Dickman and the motion was carried on a unanimous voice vote.
ORDINANCE NO. 61-1999
The Clerk read Ordinance No. 61 — 1999 — A SPECIAL ORDINANCE AUTHORIZING THE
APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR
DEDUCTIONS UNDER I.C. 6-1.1-12.1
Councilmember Allen explained this ordinance deals with a request by Johns Manville for a 10-year
abatement on real estate of over$1 million and new manufacturing equipment of over$21 million, making
it a $22 million investment in the community. She said this request would be reviewed by the Tax
Abatement Committee and come back on second reading at Council's next meeting August 2.
ORDINANCE NO. 62—1999
The Clerk read Ordinance No. 62 — 1999 — A GENERAL ORDINANCE AMENDING PORTIONS OF
CHAPTER 93 OF THE CITY CODE REGARDING PROPER DISPOSAL OF REFUSE
President Welch asked Cordi for a brief summation of what this ordinance deals with. Cordi came forward,
commenting that he would refer most of the explanation to City Attorney Bob Bever since he was the one
who actually did the revised ordinance.
Cordi said when he looked at the ordinance and had a problem with one of the areas.He said he feels that if
his people and equipment and the taxpayers' time is going to be spent with the people being there and there
is trash in the alley and for me to go through the trash to find that it belongs to whoever lives at the house
adjacent to it and then go to them and tell them they have seven days to clean it up,it's not doing the City a
bit of good. He said he would rather, at that point, to have the authority to clean it up or immediately fine
them for that issue because he feels it does no good to leave the trash there for seven days.
He said that was his interpretation when he looked at it and he told Bever that he would like to make some
changes. Also, he said, by changing it he would like to include everything, not just certain bits and pieces
that people consider what's garbage, what's rubbish and what's trash. He said anything in that alley that
would be considered something that goes in the landfill needs to be taken care of. He said those were his
concerns, which he took to Bever then added that he would like Bever then to touch on what he has done
with the ordinance.
Bever said the City's current code talks about two different areas, one is private property and then the alley
and other public thoroughfares. On the private property there was a choice of two remedies. One was the
immediate fining for the unsightly accumulation of refuse and the other was to give people seven-day
notice to remove it and if they did not then the Sanitation Department could remove it on their own and
charge the people for that. He said that on the public thoroughfares such as the alleys, only the second
remedy was available,which was the seven-day notice.
He said he didn't realize that until Cordi pointed it out to him and, as part of the Mayor's Beautification
Program,they wanted to look at all possible avenues of enforcement. Therefore,he said, it seemed simple,
as Cordi pointed out, that while they are out there to be able to take it right then and if they can identify
who improperly placed it there,that they can pick it up right on the spot and fine the person.
Councilmember Wissel then reiterated what had been said, stating that if someone is in violation the
Sanitation Department has the right to issue a ticket and the Police Department can do that also. Bever
answered that it was correct,they are not taking anything away from the Police or the inspectors.
Common Council Minutes Cont'd
August 2, 1999
Page 4
In answer to a question by Councilmember Elstro, Bever said it is the department head of Sanitary or his
designated representative who can write the ticket for the fine. Cordi answered that it would be the
management staff of the solid waste department to do the inspection but before any fines are issued it
would have his personal signature. Cordi further explained that there are two key issues here that a lot of
people don't understand.First,he said, if a person pays a waste hauler to haul it away, and they don't want
to pay fees at the landfill, and they drive down an alley in the middle of the night and throw it off, then if
the sanitation department goes out and identifies the trash inside as that of that individual, and Cordi goes
to him or her to write a trash violation,that individual is going to show a receipt showing he or she has paid
a waste hauler,then Cordi is going to go to the waste hauler and pull their permit for the landfill,which will
not allow them to haul waste in the City. He said that shows they are not going after just citizens, but
everybody who dumps in the City. He said that happens quite a bit, adding that there are alleys they clean
once a week because it is a continuous problem.He said it makes no sense for the taxpayers to keep paying
to clean this up and the people get away with it, when the Sanitation Department could immediately assess
fines at the point of the violation. Councilmember Elstro asked if any of the Councilmembers get calls on
this where should they direct the calls. Cordi answered that he would appreciate those calls coming directly
to him.
President Welch said this ordinance would come back on second reading August 2 when it would be on
public hearing to give those individuals who wish to express their opinion an opportunity to do so.
ORDINANCES ON SECOND READING AND ENGROSSMENT
ORDINANCE NO.40—1999
The Clerk read Ordinance No. 40 — 1999 — A SPECIAL ORDINANCE AUTHORIZING THE
APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR
DEDUCTIONS UNDER I.C. 6-1.1-12.1
President Welch explained that this ordinance has been held on second reading for two meetings. City
Attorney Bob Bever said he had talked with Jeff Hanna,the property owner, and he understands and has no
objections to having it stricken right now. Bever then said he felt the proper motion would be to strike the
ordinance with the understanding that it can be re-filed.He said the City Code says that after something has
been stricken it cannot be re-introduced within a year, but he said he would appreciate in this motion it
would be stricken but with the understanding that it can be re-introduced within a year after the completed
information is obtained.
Councilmember Hutton so moved as recommended by Bever with a second by Councilmember Rice.
President Welch then explained that there was a motion and a second to strike Ordinance No. 40 — 1999
with the condition that it may be re-submitted at such time as the full and complete information is available
to re-file the request for abatement.The motion was carried on a unanimous voice vote.
ORDINANCES ON THIRD READING
There were none.
UNFINISHED BUSINESS
Councilmember Hutton brought the Board's attention to the birthdays of President Welch and
Councilmember Parker.Councilmember Lundy said she gave all Councilmembers a copy of Ordinance No.
20 — 1998 which deals with Rumpke, adding that she feels the ordinance does not address what Council
actually voted on. She said she feels this ordinance does not allow for what they are planning to do. She
said she feels it is difficult for a Councilmember to vote on something when the facts are not presented
completely.She said this ordinance does not address a transfer station but that is what Rumpke is getting.
Bever responded, saying he had talked at length with Councilmember Lundy and members of the Planning
Commission staff and gone back and reviewed personally the ordinance,the minutes of the meeting for that
night and the minutes for the Planning Commission meeting. With that, he said, he felt it would be very
improper for anybody to be led to believe that Rumpke in any way misrepresented anything,adding that the
petition for rezoning clearly said that the transfer station was going to be involved. He said there were
many questions about that transfer station at the Planning Commission meeting with many members of the
public attending that meeting and talking about it.Bever said maps were even presented and discussed.
Reading from the minutes of the Council meeting of March 16, 1998, Bever said when Tom Seal, the
attorney for Rumpke spoke, he indicated a transfer station was involved, adding that if there was fault, the
title of the ordinance does not include the words "transfer station,"but only that they were expanding. This
area,he said, has had a special use since 1988, and at that time it was for cardboard recycling. He said the
petition to rezone specifically stated that they wanted to expand that recycling to include the transfer
station. The Plan Department and the staff, he said, simply put in the title of this ordinance that Rumpke
wanted to expand the existing cardboard recycling facility and did not go into all the details,which is not at
all unusual.
Common Council Minutes Cont'd
July 19, 1999
Page 5
Bever said after talking with Councilmember Lundy the administration plans on doing to help alleviate any
potential problem in the future is to—right now, when someone presents a petition to re-zone, the petition
itself only goes to the Planning Commission members and that includes one or two of the Councilmembers
but not all of them—so,to assist Council that petition will also be included in the Councilmembers packets.
He said in doing that all of the Councilmembers will have a copy of that petition to rezone that talks about
all of the detail of any rezoning petition.
Councilmember Lundy thanked Bever for his explanation adding that she was in no way saying that
Rumpke misrepresented the issue but was saying that Ordinance No. 20 — 1998 did not address what she
felt it asked for. Bever agreed that the title did not say anything about a transfer station. President Welch
agreed with Councilmember Lundy, saying that he had read all the information she had supplied. He said
he remembered that Seal emphasized that Rumpke's main desire at that time was to expand the cardboard
recycling and they needed a truck wash maintenance garage for the trucks. He said he felt that if the words
"transfer station" had been anywhere in the text of the ordinance it would have led Council to ask
additional questions.He said at this point he really questioned as to whether or not they should be moving
forth with a transfer station when an attempt is being made to make a linkage to the North 10th Street area
and develop the Atlas building into elderly housing and trying to find some use for the depot. He said he
really questions the advisability of talking about putting an enlarged trash transfer station right across the
track to the north of the depot.
Bever said he felt that might be a question,but added that perhaps it should have come up at the Planning
Commission or Council meeting. Reading from the petition presented by Rumpke, Bever said their
requested special use was "to upgrade of cardboard recycling building into a modernized recycling facility
expansion of the recycling building to include a transfer station and the expansion of the truck garage to
include a truck wash. He added that they could not have done anything more to that, saying the
administration stood on its recommendation. Concluding the discussion, Councilmember Lundy said she
did not want this to happen again.
CALL FOR ADJOURNMENT
There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
Bing Welch,President
ATTEST:
Norma Schroeder,Clerk