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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