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HomeMy Public PortalAbout12-07-1998 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,MONDAY,DECEMBER 7,1998 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, December 7, 1998 in the Council Chambers in said City. President Bruce Wissel presided with the following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Robert Dickman, Sarah "Sally" Hutton, Geneva "Gene" Allen, Dennis R. Rice Sr, Bing Welch and Larry Parker. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER LUNDY ROLL CALL Nine present. President Wissel announced that since the agenda is quite lengthy tonight,he would ask for a recess at the end of all the ordinances on first reading. Also,he said,Resolution No. 11 — 1998, which has to do with the purchase of real estate adjacent of New Paris Pike landfill,has been moved to the last of the agenda,coming after the rezoning ordinance. APPROVAL OF MINUTES The minutes of the November 16, 1998 meeting, were approved on a motion by Councilmember Allen, second by Councilmember Parker and the motion was carried on a unanimous voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS Councilmember Hutton announced that she had a petition signed by residents of South West 2nd Street and South West G Street, requesting a four-way stop. She said she would like to have the petition given to Captain Melody Truitt and then given to the Board of Works. COMMUNICATION FROM THE MAYOR REPORTS FROM CITY DEPARTMENTS REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the meetings of November 3, 10 and 17, 1998 were in the Council packets. REPORTS FROM STANDING COMMITTEES There were none. REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS • There were none. MISCELLANEOUS BUSINESS Councilmember Hutton announced that the resignation of Paul Allen from the Urban Enterprise Zone would be effective the end of December and a replacement will be needed. She said suggestions for that position, which would be a businessperson in that zone, would be brought before Council at its next meeting and the vote would be taken the first meeting in January. President Wissel said the appointment to the Human Rights Commission would be held until the next meeting. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinance No.— 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132- 1998 by title only,second by Councilmember Welch and the motion was carried on a unanimous voice vote. Common Council Minutes Cont'd December 7, 1998 Page 2 ORDINANCE NO.117—1998 • The Clerk read Ordinance No. 117 — 1998 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED TO THE REAR OF 2301 CHESTER BOULEVARD, RICHMOND,INDIANA President Wissel announced this ordinance would be assigned to the Planning Commission to be heard at a public hearing at its December 17 meeting. ORDINANCE NO.118—1998 The Clerk read Ordinance No. 118 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Speaking on behalf of Ron Chappell, Deputy Controller Ann Cottongim explained this ordinance deals with a transfer for the Human Rights Commission. She said it moves money into the Computer Equipment account in order to purchase a system for his office. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 118 — 1998 to second reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 118— 1998 on second reading. President Wissel declared Ordinance No. 118 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Lundy moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 118 - 1998 to third and final reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 118—1998 on third reading. Ordinance No. 118—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO. 119—1998 The Clerk read Ordinance No. 119 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Planning Director Bob Goodwin explained this ordinance deals with a transfer of funds in the amount of $1,500 for the installation of hearing impaired stations in the Council Chambers and the Community Room in the Municipal Building. Councilmember Rice moved to suspend the rules and advance Ordinance No. 119— 1998 to second reading and read by title only, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 119—1998 on second reading. President Wissel declared Ordinance No. 119 — 1998 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 unanimous voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 119 - 1998 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 119—1998 on third reading. Ordinance No. 119—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None Common Council Minutes Cont'd December 7, 1998 Page 3 ORDINANCE NO.120—1998 The Clerk read Ordinance No. 120 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Clerk Norma Schroeder explained this ordinance deals with the transfer of funds within the Off-Street Parking account. She said because of discontinuing the use of some of the parking attendants there was some money left in the part time account to take care of a new ticket spitter on the North 7th Street lot. She said the cost will be about $5,000. Cottongim said the ordinance needs to be amended, explaining the account that it needs to go to is the 4490 account since this is a capital outlay. She said it was typed up as a 2000 supply account. Councilmember Welch moved to amend the ordinance to read the 4490 account instead of the 2000 supply account as it was originally written, second by Councilmember Parker and the motion was carried on a unanimous voice vote. Councilmember Welch moved to suspend the rules and advance amended Ordinance No. 120 — 1998 to second reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read amended Ordinance No. 120— 1998 on second reading. President Wissel declared amended Ordinance No. 120 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Welch moved for engrossment, second by Councilmember Dickman and the motion was carried on a unanimous voice vote. Councilmember Allen moved to suspend the rules and advance amended Ordinance No. 120- 1998 to third and final reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read amended Ordinance No. 120—1998 on third reading. Amended Ordinance No. 120—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO.121—1998 The Clerk read Ordinance No. 121 — 1998 — AN APPRORPIATION ORDINANCE AMENDING THE 1998 BUDGET Police Chief Bill Shake explained this ordinance deals with a transfer of funds into two accounts: Other Contractual Services to pay for the service contract for the mug shot computer and the law enforcement training network and the Equipment account to buy some equipment that the department needs. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 121 — 1998 to second reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 121—1998 on second reading. President Wissel declared Ordinance No. 121 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Lundy and the motion was carried on a unanimous voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 121 - 1998 to third and final reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 121 —1998 on third reading. Ordinance No. 121—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None Common Council Minutes Cont'd December 7, 1998 Page 4 ORDINANCE NO.122—1998 The Clerk read Ordinance No. 122—1998— AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Explaining the ordinance was Fire Chief Mike Allen who said this transfer request is to purchase some needed turnout gear for the firefighters. He said the funds were made available through two very positive programs of which they are very proud of on the fire department. One is the maintenance program which extends the life of the turnout gear through cleaning and repair through a professional service and the other is the maintenance program for the fire apparatus which was also very successful. Councilmember Welch moved to suspend the rules and advance Ordinance No. 122 — 1998 to second reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 122—1998 on second reading. President Wissel declared Ordinance No. 122— 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous voice vote. Councilmember Allen moved to suspend the rules and advance Ordinance No. 122- 1998 to third and final reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 122—1998 on third reading. Ordinance No. 122— 1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO. 123—1998 The Clerk read Ordinance No. 123 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Explaining the ordinance was Terri Quinter of Roseview Transit who said earlier this year one of the department's vehicles was in an accident and money had to be transferred out of the insurance account to cover the repairs because it is a handicapped lift equipped van and that is still in litigation and might be a year or two before it is settled.This will cover the insurance costs for the fourth quarter. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 123 — 1998 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 123—1998 on second reading. President Wissel declared Ordinance No. 123 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Rice moved for engrossment, second by Councilmember Welch and the motion was carried on a unanimous voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 123 - 1998 to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 123—1998 on third reading. Ordinance No. 123—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO. 124—1998 The Clerk read Ordinance No. 124 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Common Council Minutes Cont'd December 7, 1998 Page 5 Street Division Manager Bill Smith said this ordinance needs to be amended,noting that Item No. 6 should read"add$9,000 to Service account" instead of"add $9,000 to Overtime." Councilmember Elstro moved to amend the ordinance, second by Councilmember Welch and the motion was carried on a unanimous voice vote. Smith said ordinance deals with a transfer of funds to be used to upgrade a couple of pieces of equipment used in the snow program and the upgrading of some of the small equipment,which is worn out. Councilmember Rice moved to suspend the rules and advance amended Ordinance No. 124 — 1998 to second reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read amended Ordinance No. 124— 1998 on second reading. President Wissel declared amended Ordinance No. 124 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch and the motion was carried on a unanimous voice vote. Councilmember Allen moved to suspend the rules and advance amended Ordinance No. 124- 1998 to third and final reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read amended Ordinance No. 124—1998 on third reading. Amended Ordinance No. 124— 1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO. 125—1998 The Clerk read Ordinance No. 125 — 1998 — 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 Explaining this ordinance was Councilmember Allen who said this is a request for a 10-year real estate tax abatement made by B & C Real Estate Inc. which will be taken under advisement by the tax abatement committee and will be brought back to the December 21 meeting. ORDINANCE NO.126—1998 The Clerk read Ordinance No. 126 — 1998 — 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 also explained this ordinance, saying that this is a 10-year new manufacturing equipment tax abatement request made by Purina Mills,Inc. which will also be taken under advisement by the tax abatement committee and brought back to the December 21 meeting. ORDINANCE NO.127—1998 The Clerk read Ordinance No. 127 — 1998 — 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 In explaining this ordinance, Councilmember Allen said this request is also made by Purina Mills, requesting a 10-year tax abatement for new manufacturing equipment which will also be brought back to the December 21 meeting with a recommendation from the tax abatement committee. ORDINANCE NO.128—1998 The Clerk read Ordinance No. 128 — 1998 — AN APPROPRIATION ORDINANCE AMENDING ORDINANCE NO. 36 — 1998, WHICH AUTHORIZED THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE AREA 9 IN-HOME COMMUNITY SERVICES AGENCY Explaining this ordinance was Terri Quinter of Roseview Transit who said normally, grant funding of $40,000 a year is received for the Paratransit Services and this deals with additional grant funding of$500, which makes the total received$40,500. Common Council Minutes Cont'd December 7, 1998 Page 6 Councilmember Welch moved to suspend the rules and advance Ordinance No. 128 — 1998 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 128— 1998 on second reading. President Wissel declared Ordinance No. 128 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Parker moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Rice moved to suspend the rules and advance Ordinance No. 128 - 1998 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 128—1998 on third reading. Ordinance No. 128—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO.129—1998 The Clerk read Ordinance No. 129 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Deputy Controller Ann Cottongim explained that this ordinance deals with a budget reduction to remove the over funded portion from three accounts in the 1998 budget. She said these accounts are the Unsafe Building Fund, the Police Pension Fund and the Fire Pension Fund. She explained that by reducing these amounts it fulfills the City's legal requirements for the State Tax Board's calculation of the 1999 operating balance. In answer to a question by Councilmember Hutton,Cottongim said these reductions do not affect the City's trust reserves. Answering a question by Councilmember Welch, she explained that this is an unused expenditure this year that is going to be used as revenue next year to support next year's budget. Councilmember Welch moved to suspend the rules and advance Ordinance No. 129 — 1998 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 129—1998 on second reading. President Wissel declared Ordinance No. 129 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 129 - 1998 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 129—1998 on third reading. Ordinance No. 129—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO.130—1998 The Clerk read Ordinance No. 130 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET Deputy Controller Cottongim also explained this ordinance, stating that it deals with moving $5,000 from the Office Supplies account to the Contractual Services account to upgrade the City's telephone system for the year 2000 compliance. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 130 — 1998 to second reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. Common Council Minutes Cont'd December 7, 1998 Page 7 The Clerk read Ordinance No. 130— 1998 on second reading. President Wissel declared Ordinance No. 130 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Rice moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 130 - 1998 to third and final reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 130—1998 on third reading. Ordinance No. 130—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO.131—1998 The Clerk read Ordinance no. 131 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET City Attorney Bob Bever explained that this ordinance deals with the purchase of a table and chairs for the conference room in the Law Department. He said they had put in their budget this year $1,000 to buy a table and two chairs,but when the bids came in they exceeded that amount. That is why, he said, they are transferring$600 from the Other Contract Services account which will also allow them to get a third chair. He added that they have budgeted for next year to get the remaining chairs for the conference room. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 131 — 1998 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 131— 1998 on second reading. President Wissel declared Ordinance No. 131 — 1998 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 unanimous voice vote. Councilmember Rice moved to suspend the rules and advance Ordinance No. 131 - 1998 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 131 —1998 on third reading. Ordinance No. 131—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCE NO. 132—1998 The Clerk read Ordinance No. 132 — 1998 — AN APPROPRIATION ORDINANCE AMENDING THE 1998 BUDGET City Engineer Bob Wiwi explained this ordinance deals with a request to transfer $1,650 from the Computer Services and Charges account to the Computer Equipment account.He said the reason for this is that during this year his department has had on loan a piece of software which it has used for the G.I.S. project and it has been determined it is a good piece of software and this transfer will enable them to purchase it. Councilmember Welch moved to suspend the rules and advance Ordinance No. 132 — 1998 to second reading and read by title only, second by Councilmember Dickman and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 132—1998 on second reading. President Wissel declared Ordinance No. 132 — 1998 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch and the motion was carried on a unanimous voice vote. Common Council Minutes Cont'd December 7, 1998 Page 8 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 132 - 1998 to third and final reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 132— 1998 on third reading. Ordinance No. 132—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None President Wissel announced that there would be a 10-minute recess. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 112—1998 The Clerk read Ordinance No. 112 — 1998 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT NEW PARIS PIKE,RICHMOND,INDIANA President Wissel reported on the public hearing conducted Thursday, November 19, by the Richmond Advisory Planning Commission, on a petition of the City of the Richmond Sanitary Board requesting a special use classification in the A-1 agricultural district for the mining of sand and gravel and zoning the land for future use as a landfill. He said notices were delivered to 18 adjacent property owners with two comments in favor returned to the office and eight in opposition. At the hearing, he said,four people spoke in favor of the request, with 13 speaking in opposition. A petition was presented with 569 signatures opposing the request. He said arguments against the request included concerns about leakage, the use of a gravel base, setback requirements, aquifer and river proximity to the landfill, problems with vegetation, changes in property values, increased chances of cancer, traffic increase and pattern and other safety issues. He said the planning staff recommended approval of the request. The vote of the Planning Commission, he said, was five in favor and two opposed, to recommend passage. Since the vote must have a majority of the entire commission, or six votes, to be considered an official action, he said, the ordinance is being returned to Council without a recommendation from the Planning Commission. President Wissel declared Ordinance No. 112—1998 on public hearing. Speaking in favor of the ordinance was Bob Bever who explained that in his capacity as City Attorney for the City of Richmond,he also serves as the attorney for the Richmond Sanitary District.He said because of the importance of this issue and the effect it has on many people within this area he would be going through the significant number of concerns that have been expressed as well as some of the background. Bever said in the audience tonight are members of the Richmond Sanitary District and all three of the Board members, Pete Bartel, Amy Dillon and Bob Wiwi, to answer questions and make comments as needed. He reminded those attending that the reason for this ordinance is the rezoning of approximately 209 acres immediately adjoining the current landfill operation on New Paris Pike. He said the Richmond Sanitary Board passed Resolution No. 8 — 1997 on October 28, 1997, followed by a purchase agreement with the Rev. and Mrs. Tim Cummings, owners of the property addressed by the ordinance. He added that the agreement was contingent upon the rezoning of this property, noting that the Sanitary District did not want to be purchasing the property if it could not be rezoned for its intended use. Bever said there was a double reason for the hopeful purchase of this property, the first being an immediate need to allow the Sanitary District to use dirt from this area for cover on the current cells in the current landfill which could be done immediately if the City was able to purchase the property. The second need, he said, is that it is known that there is not an unlimited amount of space at the current landfill, which means there would be a point in time when additional space would be needed. When the property adjoining the landfill came up for sale,Bever said, the City had to compare how much could be saved by continuing to use the same operation at that immediate site rather than start it all over again some place else or traveling it to some other location. He also added that knowing there would be objections no matter where the location is,placing it on this property,it was hoped to minimize objections. Common Council Minutes Cont'd December 7, 1998 Page 9 Bever suggested that the ordinance be amended to include the language "and for removal of minerals" in the first paragraph of the body of that ordinance. He said tonight's action will not be the authorization for using this land as a landfill,but is just for rezoning it. He said there is a dual procedure in the City's code for rezoning and then authorization for use as a sanitary landfill. Since the City is not in the process of getting ready to use it now,the detailed drawings and list of requirements will not be presented. Explaining that procedure, Bever said at that time it will be presented to IDEM, which has its own strict requirements, as well as all of the strict requirements of the local code. Then, he said, it will come before Planning Commission,be subject to public hearing and the then City officials would want to meet with the people involved again at that time to discuss the specifics on the drawings. Bever said at that time, also, IDEM would approve an application. He added that there had been some question as to what has been IDEM's involvement up to this date. Bever said since the City is not ready to request the specific authorization for the landfill with the specific drawings, it is impossible to obtain written authorization from IDEM. Consequently, he said, Cordi contacted them by phone when the City started the process of the purchase agreement just to find out if they saw or could foresee any possible objections down the road and he was assured that at this time they did not see or have any reason to believe that a petition in the future would not be acceptable. He said that is all the farther they can go right now. That is why the Sanitation District Board continued on the pursuit of this property and now the rezoning. Some conditions that have to be met at that time, Bever said, include a 200-foot buffer from the cell to a property line by the local code. Also, a limitation, which is the actual sanitary landfill itself, cannot be closer than 900 feet to a dwelling and no closer than 1,000 feet to a well.He added that it couldn't be closer than 100 feet to the wetlands or 200 feet closer to a river or a stream. He pointed out that on a map he distributed to Councilmembers they could see that with those known conditions,they have created an inner boundary 1,150 feet from Porterfield Road, 1,200 feet from New Paris Pike and 1,200 feet from Smyrna Road. He said that inner boundary is the largest, as far as the effective use, and will be reduced down so that there will be an approximate 50 acre area in the middle that would actually be used for landfill purposes. Bever said the City understands the concerns of the neighbors in the area of the landfill because they mirror the concerns of the Sanitary District and the City as to what they want to accomplish in that area. He said the last thing the City wants is to buy property, put in a landfill that won't work and the problems, which would come later.He said that's why all the studies have been made and it has taken a long amount of time to put all of this information together.He stated that they had met with some of the neighbors following the Planning Commission meeting to further answer some of their concerns. One of the earlier concerns was the access, he said, with the neighbors speaking out about not wanting heavily loaded trucks coming in off of Smyrna or Porterfield Roads. He said that is not going to occur, adding that traffic will still come in off New Paris Pike as it has in the past. He stated that the City had received assurances in writing from U.S. Aggregates,which owns the mineral rights,that that would be the case. Bever explained that the City did not want to enter into a landfill with another party owning the mineral rights,so consequently,as another condition of the purchase agreement,negotiations were started. Then,an agreement was reached with U.S. Aggregates that they are now going to have a limited amount of time to get the minerals while the City is only needing the ground for the dirt cover. He said that agreement gives them until December 31,2007 for the completion of the removal of the mineral rights. He added that if the Sanitary District gets approval from IDEM for modification of one of the current cells, which would enlarge the use,and life of that cell, then they would be given until the 2010 date. At that time, he said, all the mineral rights would be transferred to Richmond Sanitary District and given up by U.S. Aggregates which agrees not to use any other access. The second concern heard on numerous occasions,Bever said, is that the soil in this area is not the proper soil and not as good as soil found elsewhere in Wayne County for use of the landfill.He pointed out that in this new day and age, when the landfill is lined, it is not nearly as important or if at all even relevant to the old days when the trash was dumped in the dirt and in the natural ground. Then, he said, it was more important on the type of soil and the type of material underneath.Based on the material used to line it now, he said, the type of soil underneath is not nearly as relevant and the studies have been done that this is acceptable soil. He said he would leave it to the Sanitary District staff to get into more specifics of that, regarding vegetation. He added that taking that background into consideration, it was decided that this is still the best and proper place for expansion. Speaking to the concern about ground water contamination, Bever said there had been some, but it was from the old landfill which was constructed per the old requirements at the time and it was unlined.He said there has been none in any of the current lined cells. Common Council Minutes Cont'd December 7, 1998 Page 10 Fortunately,Bever said,that contamination was discovered early enough to allow for an effective response and two remedial actions have been taken. He said a slurry wall was constructed south of the landfill to redirect the ground water to a common point at which a well was constructed. Secondly,he said,a series of wells was placed downgrade of the old landfill. He said water pumped from those wells, which are located on the landfill property to the sanitary sewers,based on these,none of the contaminants have ever migrated off site. The monitoring wells, he said, are spaced at a maximum of 350 feet, which is closer than the required 500 feet by IDEM. The fourth concern,Bever said, is that there are designated wetlands in this area.He explained that they are very small and what people don't realize is that wetland issues don't stop a project,adding that all you have to be responsible for is a two for one or three for one replacement of the area. Therefore, he said, if a wetland area is destroyed, a new one double that size or tripe its size would be required to be replaced by the Richmond Sanitary District which, of course, would be done. He said all of that would be set forth in the specifics when it comes to the authorization down the road. Addressing the fifth concern by neighbors, Bever said they said that Richmond Sanitary District only does the minimum and never goes beyond the call of duty in spite of what City officials say, and tries to get by as cheap as possible for as little as possible.He said that is simply not the case, explaining that the clay cap for Phase I exceeds the required depth in some areas by more than double. Also, he said, the 80-mil geosynthetic liner has been installed instead of the 60-mil liner. He said they asked why some of these things haven't been done in the current cell landfill and Bever said the 1984 code that he addressed regarding special use landfill was not in existence when the landfill originally went in there. He said that is why there are not the same buffer requirements or other requirements in that area. However, he said, in spite of that, in order to address the concern of the neighbors, the Sanitary District staff is discussing a 15-foot fence, which is not required, to stop the blowing trash. He said the planting of trees and some of the same buffer, though not technically required, will be put in to help address those concerns. Bever also pointed out that since EA2 and the current administration has come in, they are dedicated to improve the quality and the nature of that landfill. He said he would hope that if residents have driven out there or looked at the photos they would see that this is not "your old tire burning dump," but a well run, now-managed sanitary landfill that is hoped can be a good neighbor to all the people out there. Stating that the Planning staff has recommended approval of this petition for rezoning, with five in favor,it was not official because of a majority vote. However, he said, it boils down to the fact that at some time, some place, the ground is going to be needed for a sanitary landfill and the most prudent, economical, logical location is this area. He said it can be purchased for$1,000 an acre, which was the appraised price, and it is hoped that the deal can be closed at the end of the year. He added that he feels the homework has been done and he feels that they have done everything right,therefore,he asks for Council's approval. Councilmember Hutton asked it there is anything in writing that there will be no drives into the landfill off of Smyrna or Porterfield Roads and Bever read from a letter dated November 17, 1998, which stated that. She also asked why this has to be done by the end of the year and Bever answered that the dirt is needed and in the agreement with the U.S. Aggregates, they need a lead time to get their equipment in to be helping take the dirt off for their mining activities from which the City can use the dirt. He explained that in order for their springtime lead-time to be met the City has to come within a deadline. Also, he said, it is in the 1998 budget of the Richmond Sanitary District to expend the money for the purchase of the property in 1998.He said that although some people have said this is new to the public,this has been worked on for two years, not behind closed doors, but at public hearings and public meetings every step along the way down at the Sanitary District. He said the process of the negotiations and all the steps taken were time consuming. Councilmember Rice asked if there would be some trees planted at the existing landfill to block the visibility of the neighbors. Bever answered that there will be, but he would ask the staff to address that issue. Craig Cordi, director of the Richmond Sanitary District, introduced Rick McGuire, superintendent of the landfill since 1980, who said they did make an effort in 1997, planting a row of evergreen and a row of hardwoods. However, he said, because of the extreme dry summer, 24 of the evergreens turned brown. He said he had contacted the nursery and they agreed to replace those trees.He said he is going to ask for some help in establishing the vegetation in the one buffer area that was removed and they want to re-establish that to close up the open area to the north.He said they will look at other areas that will possibly need some vegetation to hide the landfill from its neighbors. McGuire said he had been through the construction of each of the three phases of the landfill. He said through the process of building each trash cell,the City has exceeded the expectations, adding that Phase 1 was prior to any federal rules and regulations but, at that time,IDEM had some fairly stringent regulations that were followed and exceeded. Common Council Minutes Cont'd December 7, 1998 Page 11 McGuire said when Phase 2 was constructed, the federal regulations had come in, requiring the use of polyeurethane liners.He said IDEM exceeds federal regulations,which call for a 2-foot compacted liner as in the plastic liner, and Indiana requires a 3-foot compacted liner before the plastic liner is installed. However, he said, the Sanitary District installed a 5-foot compacted clay liner so that is two foot beyond state regulations and three foot beyond federal regulations, which proves they do exceed.He stated that the minimum regulations set down by the state is not a minimum specification, but is a maximum protection for the environment. Councilmember Rice commented on the 15-foot high fence that is possibly going to be put around the landfill to keep the material from blowing off onto the property of the neighbors in the area, asked what is being done to stop the stuff from blowing out of the vehicles traveling along New Paris Pike. He said he had driven there the day before and noticed a lot of trash along the side of the road. McGuire responded that the sanitary trucks,of course,are covered, and Rumpke and most of the commercial haulers put nets on their loads.He said it is an ongoing battle to get individuals to cover their loads coming into the landfill.He said some people he turns away if their loads are not secured. He added that when large items are lost, the sanitary employees go out and pick them up. Councilmember Rice said he noticed in some of the reading material ,he had that property owners surrounding the landfill can have their well water tested and asked if that is done by the Sanitary District. Speaking to that was Jackie Makela, assistant director of the Sanitary District, who stated that there is not currently an ongoing program to test residential wells. She added that there are some reasons for this. She said the groundwater flow at the landfill runs from north to south, so those residents bordering up on the north are actually upstream from the landfill, so the water would not flow into their wells. She said there is a complex system of monitoring wells that are on site and regulations require that they are within 50 feet of the solid waste fill boundary. She explained that the reason they want to monitor wells close to the actual.sanitary waste boundary is to be able to promptly detect a release if it occurs and have time to respond to it before any of the contaminated water leaves the site. She pointed out on the map that the large green area is the old landfill, which is the unlined landfill where they are experiencing some contamination problems. She said that is no longer being used and was closed out in January of 1993. Makela said to go off site and monitor wells is actually closing the gate after the horse has left the barn because by then you violate a lot of state and federal regulations which prohibit release of contaminated groundwater from the facility. That is why, she said, they have concentrated all of their monitoring efforts close to the possible source and have delineated on the sides and northern end of all their water flows. She said there have been quite extensive geological and hydrogeological studies on the current site. Makela said there has been some independent testing by Indiana-American Water Co. in the past but there is not a current semi-annual off site testing. She said she had heard some people say their wells are contaminated, but the district has not seen a lab report from a residential well to verify that. Councilmember Welch asked if testing is available to any residents who are on well water through the Wayne County Health service well testing. He said that is where they draw the samples and take it through the health department,which sends it to Indianapolis for testing,and verification of no pollution. Makela said the health department does offer a loaded monitoring for around$15 if you supply the bottles and they give instructions about how to take it and send it back to the department which then sends them out to a commercial lab which returns the results. Bever explained that what Councilmember Rice was reading from is one of the ways a department could reduce the 1,000 feet requirement for a well. In answer to a question by Councilmember Welch as to whether or not there is a leachate pond retainment walls and leachate pond currently in place on the old closed pond and Cordi said what is there is what was installed in the last couple of years.That,he said, is a leachate collection system which is basically a sewer system which catches all the leachate that comes out of the current landfill that goes into a pumping lift station that pumps it down to the wastewater treatment facility to be treated. That is on site and they do have the infrastructure there if,in fact,down the road,the landfill is expanded. Bob Wiwi, speaking as the chairman of the Richmond Sanitary District Board of Commissioners, said the Board has thoroughly reviewed the purchase of this land and it has voted unanimously to purchase this land with Council's approval. He added that he feels this purchase is a pro-active step for a long range plan for this district and he fully supports it. Pete Bartel,a member of the Board of Sanitary Commissioners, said most of the issues he mentioned to the Planning Commission have been discussed here tonight, particularly the land being adjacent to the current site and the practicality of trying to manage a landfill that is already adjacent to an existing landfill so a management issue becomes a simple process.He said the mining rights and the fact that the property being acquired is going to provide some dirt to use as cover for the current landfill is a benefit to taxpayers. Common Council Minutes Cont'd December 7, 1998 Page 12 Continuing,he explained that,hopefully, this would keep the cost of having a landfill down and reduce the expense in providing a daily cover so that existing community residents can keep their tax base lower. Also, he said, there are some benefits for the landfill if U.S. Aggregates is mining the gravel out of the ground,that creates a hole for the City, which is some excavation that won't have to be done.He said when he became a member of the Sanitary Commission three years ago he was concerned about the cost of maintaining a landfill and he wasn't sure at that time that this City had the wherewithal to continue to have a landfill given the expense to maintain it. Bartel mentioned issues such as what is being done to prolong the life of the existing landfill, the introduction of recycling, beautification and the changes made within the Sanitation Department which came with the introduction of the new management. In answer to a question posed by Councilmember Dickman as to whether or not it will cause any efficiency problems as the cells move further away from the entrance as the years go by, Cordi pointed at the map at cell 3, commenting that that is at the farthest point from the entrance and if expansion does take place it would not create a problem getting the equipment back there. Cordi said one of the programs implemented in the past year is the full time hazardous waste program in place to collect materials so they do not go into the landfill, adding that they have spend a tremendous amount of money to construct a facility for that program and training the staff. He said after coming into the front, you go into that area and drop off the hazardous materials, drop off the recyclables into another set of bins and go to a set of bins where the trash would go. He said they are trying to make it easy and efficient. Alluding to some comments made by Bever earlier, Cordi said he and his staff want to come back to Council 10 years down the road and want to sit down with the residents. He said they want to explain to them how this is going to be done and get their input on how they would like the work to proceed, especially with protection and buffer zones. He added that he and his staff are willing to work with the community, noting that he has heard stories in the past that nobody would talk to those neighbors of the landfill.He said he has been out talking to them and he wants to continue working with them and make this a win-win situation for everybody. Councilmember Welch asked if the land was left in the hands of the present owners and the mineral rights would be mined by the U.S. Aggregates,would there be any assurances that U.S. Aggregates would have to maintain any boundaries and buffer zones. Bever said there is a 75-foot requirement for any mining in the City and two-mile fringe area, which would be a lot closer than the 200-foot buffer that they agreed to live by because of this zoning question. Then,Councilmember Welch asked how much would they be required to re-construct after they completed or finalized their mining of the property.Bever said there are no real requirements. Councilmember Welch then said if the land is left as is,the potential end results could be a lot worse than what is being considered here in this discussion tonight.Bever concurred. One of the questions being asked, Bever said, is if it is going to be just 50 acres, what's the reason for rezoning the whole area.He said by rezoning the whole area as a special use landfill, when it comes time to then ask for authorization to use the landfill, that gives the Planning Commission the ability to put conditions on the whole area that has been rezoned for that special use. Councilmember Welch addressed the issue of the methane gas. He said under the old dumps and old landfills, the methane gas was being generated from the decomposition of the material being buried, and at one time, not too many years ago, he remembers the landfill operators were lighting off stand pipes and burning off the methane every night to dispose of the gas. Then, he asked if whether that is still being done and,if not,how is the Sanitation Department safeguarding the methane discharge. Stepping forward to answer that was Paul Donica, a consultant for the City, saying that the current landfill does not fall under new source performance standards which were brought about in 1996, but the new estimates on the landfill probably will bring it into guidance by those standards. He said these require that there be an active gas system on site at the landfill and they do have gas wells engineered into the landfill design.He said they would also use those wells through a header system in a mechanical vacuum,draw the methane gas out of the landfill and take it to a gas energy facility. He said that gas can be burned directly, which the City is looking at contracts to do,or the gas can be cleaned and piped to the outside. Cordi said Sanitary District has entered into an agreement with the EPA which has a consulting engineering firm working for them that comes in and does extensive studies on your landfill for methane gas collection. He said they have entered into an agreement with the EPA and they are going to come in and do a study. He said some of the staff are going to Tennessee to a seminar on this program, adding that there will be companies there that will come and evaluate the landfill and if it is feasible for them, they will come and actually install all the equipment and take the gas cells and use it as they need. He said this is a joint effort between them, the federal government and the consulting engineering firm to work on it. Donica said they will be performing quarterly surface scans of the landfill area to detect any methane escaping from the active gas system. Common Council Minutes Cont'd December 7, 1998 Page 13 Speaking against the ordinance was Daniel Chance, 120 Hayes Arboretum Road, who said he is also a property owner on Porterfield Road. He expressed his concerns about the mineral rights, going into detail. He also questioned the actions of Tim Cummings, adding that he is also concerned about how this is going to affect the value of the property of the adjacent property owners. He said he had questioned a real estate agent and learned that if he sells his farm and does not tell the buyer about the expansion of the landfill he could very well be sued for not disclosing that information.He mentioned the ground pollution, stating that studies say that all manmade landfills will eventually leak, polluting the underground resources as well as the air. He mentioned a composing program from the Netherlands, adding that it might be something the City would want to look into. He also expressed some concerns about a buffer zone, what kind of trees would be planted,what kind of soil they would be planted in and the maintenance of the buffer. Also speaking against the ordinance was Helen Stanley, a resident of Smyrna Road,who complained of the dust making it difficult for her to breathe,and the noise made by the trucks. She asked where the buffer was and Cordi responded by saying the trees are going to be planted, they will re-seed the area so grass will grow to cut down on the dust as well as doing some watering of the road and drive. Stanley said she built there on Smyrna Road in 1968, adding that she would be lucky to get a fair price out of her house. Councilmember Welch asked Cordi when the landfill came into existence. Cordi answered that the original cells were made in 1968. Mike Daugherty, 1647 Buttermilk Road, identified himself as the legislative affairs chairperson for the Northeast Rural Neighborhood Association. He expressed his concerns about well testing and the unsuitability of the current site, stating that according to the U.S. Department of Agriculture, it is highly unsuitable for landfill use because of seepage. He quoted from date by the U.S.D.A. (all of which is on file in its entirely in the Clerk's office), saying there are other soil types in Wayne County that are much more suited for landfills and comprise a much higher portion of the county. Regulatory landscape is tightening,Daugherty said, adding that he is concerned about the changes that will come about in 10 years. He questioned as to whether or not buying this land is a good business decision on the part of the City and the Sanitary District. Daugherty suggested that if the City takes the position of rezoning it for sand and gravel only, and let the Sanitary District offer to remove the overburden for U.S. Aggregates, they could go ahead and mine it. That way, he said, the City has its overburden, Cummings still owns the land and the City does not risk over $125,000. He said the land is valueless because it is sitting next to an operating landfill. Then, he said, in 2006, the.Sanitary District can offer$200 an acre to take the ground off of Cummings' hands,so the City wins both ways. Daugherty questioned City Engineer Bob Wiwi's role as the Chairman of the Richmond Sanitary District and his membership on the Planning Commission.He stated that he feels it is a conflict of interest and read from the state statute to make his point. Responding to the technical information brought up by Daugherty, Makela said the information he gave Council on the soil survey of Wayne County was developed in 1981. She said the sanitary landfills for which they evaluated the soils are not the ones being addressed here, not for the constructed double lined landfills.She read from the materials to show that this was trash placed directly on the soil. Nancy Brewer of 5113 Smyrna Road thanked Cordi for coming to her house and walking back to the rear of her property to see the mess there. She said she was unaware of the landfill when she bought her property or she would not have bought it. She voiced her concerns about the dust and trash. She said she has registered African pigmy goats and registered miniature donkeys and her concern is their health and how it could be affected by the presence of the landfill. She said she is concerned about the leakage and that there is really no way of knowing what somebody throws into a dumpster. Making his second appearance of the night was Dan Chance, responding to the comments made about the soil. He said his concern is that chemicals may mix and break down the quality of a liner, adding that he learned that there is a possibility of the clay liner cracking because of the ground pulling the moisture out. He said they are finding the monitoring wells are too far apart now and that contaminants could possibly travel past them and not be detected until they are off site. He said he couldn't understand why the City would not propose to go out and test the wells in an effort to help the neighbors of the landfill. He added that until they start seeing some things being done, they are going to have a hard time believing that anything is going to be done. Donica said Chance's information is concerning trichloroethylene and the leachate collecting systems being used in today's landfills were not mentioned, adding that these are not permitted in the landfills. However, if they did get through, it would be diffused through the waste, diluted and captured with other moistures and that moisture would hit the drainage layer at the foot of the landfill. After that, he said, it would be transmitted through the collection system down to the wastewater treatment plant where it would be treated properly.He added that it wouldn't sit on the liner and have a chance to diffuse through the liner. As for the monitoring well spacing, Donica said anyone on the north and east side of the landfill is upgrade of the landfill and that means the groundwater is flowing from north to south.He said testing of their wells would be not of any significant benefit because obviously the water has not hit the landfill at that point yet. Common Council Minutes Cont'd December 7, 1998 Page 14 Continuing on the issue of the monitoring well spacing, Donica said the state requires a maximum of 500 foot distance and the Sanitary District is now spacing them from 100 to 350 foot, trying to monitor a lot closer. He said this well spacing is shown to be adequate in testing any kind of contamination. He added that the contamination in the unlined area was detected and remedial action was taken and that would also be the case here if anything like that happened. Dan Chance commented again,saying that any kind of ethylenes can put a penlight type of hole in the liner. Janice Chance, 190 Hayes Arboretum, who is a property owner on Porterfield Road and with her brother, she said, was able to purchase together the land on which they grew up. She said with this action, all that seems in jeopardy, which is a major personal concern for her. She voiced her concern about not being properly informed about the expansion. She said in her conversations with IDEM she learned that it could be 90 acres that could be used, but the Sanitary District keeps saying 50 acres. She said she talked with Hoosier Microbiology, a private testing agency in Muncie, and was told that to be able to test for every possible contaminant that can come from a landfill into a private well, would cost $620 every six months for that individual. She said she read in the newspaper that 250 ton of trash is going into the landfill per day, with 100 ton coming from the Richmond residents. She asked where the other 150 ton are coming from. Cordi responded that 8 percent of the total trash is from outside the district and most of the other business and commercial trash is picked up in the City. He said the next phase is to work with businesses to get their recycling program in place, which should come at the tail end of 1999. She said raising the rates to deter outside people from hauling into the landfill means that all the neighbors of the landfill have to pay those outside rates. She suggested that the Sanitary District propose that they pay what the City residents pay if they really want to accommodate the neighbors there. She also questioned the fact that this is a good business deal because at the Zoning Board hearing she learned that the landfill is currently paying a fine of$183,000 imposed because they had to overfill a cell. She said that was as a result of poor planning. She said she also heard at that hearing about the extra lining that is out at the landfill now and it sounded to her like enough to fill an entire added cell. She said she felt that was not good business, adding that she heard linings are not real cheap. Bever assured her that there was no really thorough research done to consider other site options at this time. Chance said in her conversations with the engineer, geologist and permit person at IDEM, they expressed to her that this landfill has had to be watched every step of the way. She said she feels the Sanitary District and the City are only responding now because things have become public. She said the neighbors out there near the landfill need to see things that are going to happen not just hear promises. Margaret Chance of 5264 Smyrna Road, who also owns property on Porterfield Road,said she is concerned about the public health and the landfill. She stated that studies show gas emitted from landfills and contaminated water from organic chemicals and landfills can cause cancer in humans and animals. She said she is a health care professional and cited several instances of neighbors living with cancer and those who have died. She said she felt that if the Sanitary District has money to spend, it is obligated to create a healthier environment for the residents near the landfill. Walter Wagor of 3113 Weiss Road who identified himself as cochairman of the Northeast Rural Neighborhood Association said he wished to make several points with his comments. He questioned the comments made by Bever that this expansion was old news. He said people in his area do not have cable and do not hear or see the public access channels.He voiced his concern about the regulations met today,as to whether or not those regulations might change in the future. Another issue of concern, he said, is the cost.He said he tried to find out what the typical household in Richmond pays for trash pickup. He said he asked the Sanitary District, the Treasurer's office and the assessor's office, but no one could tell him. He said he wants to know what it means in dollars,adding that he pays$12.50 per month for trash pickup. He asked what the true cost of trash disposal is. He said he has been hearing about declining property values and he considers that a cost to the trash disposal and no one paid for that except the property owners around the landfill. He asked whether or not they deserve to be compensated for their loss. He said another cost is the pollution of the groundwater,but he didn't know how to put a price tag on that. He said perhaps that could be determined if it is discovered why the river is so polluted that in the newspaper, in the advisories, they say not to eat very much fish from that river. He asked where that pollution is coming from, adding that the City of Richmond should know whether the landfill has anything to do with that. He said the City owes it to the residents of this area to institute a regular and systematic testing of the private wells near the landfill,adding that it cannot expect the people to bear the expense. Common Council Minutes Cont'd December 7, 1998 Page 15 He also suggested the City should be responsible for keeping New Paris Pike free of trash regularly, with once a month pickup alongside the road. He feels the City should pay for that, too. Another suggestion he had was to made recycling mandatory,adding that people are still unwilling to spend what it costs for trash disposal. He said the current location is not a good one and before they talk about expanding or moving it, people and the City need to experience the real cost of their garbage disposal and only then can they really decide about the best way and the best place to dispose of it. He said the City must give some assurance that the landfill becomes a good neighbor through long range planning. Tom Ashley at 5161 Smyrna Road expressed concern about not being able to believe what he is told by the Sanitary District. He said next to his property is a 100-foot easement and he has been told repeatedly that they have no plans of opening that road up into Smyrna. Cordi responded that they have no intention of using that piece of property.He said the only reason not to commit to selling that property is that it is used as a utility easement and might, if this deal goes through, need to be used to bring electrical power back into the back side of the landfill.He said right now,without having designs and studies done,he can't make an estimate on whether or not they can sell it. He said,however, he can guarantee that they do not plan on running trucks through that easement.Shirley Ashley also voiced her concern about that property. Don Chance of 5264 Smyrna Road said he's a farmer and grows the crops making it necessary to have the landfill. He said farmers feed the country and fill the landfill, adding that they are the most recyclable people on earth,recycling back into the ground.He said when the soybeans are sold,the oil is extracted and that is where plastic comes from. He stated that if you do away with all the farming, you don't have to worry about the landfill,food or anything else. President Wissel said it is the custom of Council to give those in favor to respond to comments made by those in opposition. Bever,commenting on the technical points,said he understood that even though they initially showed some interest they realized that later might want the easement. He added that they still consider the sale of that property to them. He said as far as the City being the petitioner in this action that is normal procedure for the buyer to be the petitioner before a rezoning matter. Addressing a comment made by Wagor about not being able to get Cable TV to be informed,Bever said it was also on the radio and in the newspaper,adding that nothing is kept from the public during Sanitary District meetings. He said there is great concern about the health of all people in the area and he hopes with more studies all of those things can be addressed when the City asks for authorization to open the landfill 10 years down the line to again address those concerns of health or anything else that might address specifics. About the number of acres,Bever said it was pointed out that the dotted boundary does show what could be the 90 acres out of the 209 but it was simply indicated at this point that it is the intent to use only the 50 acres. Addressing the issue of contamination, Bever said thinking that because there was a problem which is being remedied when there was no liner at the original landfill,you should not expand a landfill with a liner because there would have to be some contamination,jumps to some conclusions and misses some logical steps.He added that he is not sure there is any evidence of any off site contamination as far as the water is concerned. As far as monitoring wells or being responsible for inspection of wells on other people's property, Bever said there are some potential problems with that. He said the Sanitary District feels it can accomplish the same thing by locating the monitoring wells between the source of what could be the problem and their wells. He said it's going to show up on the monitoring wells before it would ever get to the adjoining property owners' wells,so it would not be necessary for the City to pay for those inspection costs. Commenting on the statements made by Daugherty regarding the economics,Bever said the Board chose to accept the appraisal of Matt Nepote rather than the stated appraisal of Daugherty. He added that that may have something to do with Nepote being an M.A.I. as compared to being a plaintiff in a lawsuit against the City of Richmond between Daugherty and Nepote. He said he would be glad to check the statute as far as Wiwi's participation in this matter, adding that he will be more than surprised if he finds anything contrary to the legal opinion. He stated that Wiwi has no direct or indirect financial interest in whether or not this landfill goes in. Makela spoke to the request for the Sanitary District to make extensive plans, stating that one of the difficulties with making concrete plans is that requirements do change. She said it takes time to present detailed plans and she said the requirements are probably going to be tighter in the future. She asked that when talking about expanding the landfill, it should be kept in mind that the working base of a landfill are small cells of five acres or less. Common Council Minutes Cont'd December 7, 1998 Page 16 She said it is not as if the entire 50 acres is going to be expanded as an open trash collection area. She said it would be worked, as it is now, where there are individual controlled cells, which are monitored individually to pinpoint any problems that might occur. She said a lot of technical questions had been brought up and she felt she could not address them all unless there were specific questions. Councilmember Lundy said she had been out of the City and had missed the last Council meeting and the Planning Commission hearing,but she had heard a lot of things said about what could happen if the current land site is used and what kind of soil has to be in it. She asked it anyone had addressed the issue of an alternate site for a landfill. Makela said other government units such as the Resource Inventory Council delineates sites that are available based only on soil studies. She said the Wayne County soil surveys are soil studies done on the first five feet of soils and do not address what is underneath those soils. She added that typically landfills can be 20 to 30 to 40 feet deep so even soil information presented only addresses the surface and doesn't go into a lot of geological information so there have been no detailed studies done on alternate sites.She said the information presented by those two other sources really do not define other sites well. Mayor Dennis Andrews said he respected the thought expressed and the people who have expressed them, with a couple of exceptions, adding that especially when there is an emotional issue,people are affected by it and you have to be tolerant when people are attacked personally. He said Wiwi is one of the few people in this room who doesn't have personal financial interest in this. He said he has encountered over and over again people who have different judgments even when they are professionals looking at the same thing. His position,he said,is that he appointed each of the members of the Sanitation Board,and they have made changes there for which he is grateful. Among the things they did first in 1996 was to establish an independent commission of citizens such as Mike Daugherty who was asked to look at and examine the Department of Sanitation. He said Daugherty is an individual who knows a good deal as a result of that examination about the department and he would think know that many, many changes have been implemented at the Department of Sanitation. The Mayor said there is some irony associated with presuming that when information is not readily available, not seen on television nor heard on the radio, people did not respond to public meeting notices that action is being taken to accomplish something secretly. People are understandably suspicious, he said, of what experts say as is the case here where experts say safely dispose of trash.People,he said,are suspect of government action especially when it is seen to adversely affect them. He said it is his sincere opinion that when this matter was looked at and the issue and the question was raised, steps needed to be taken to expand the capacity for landfill in the future. He said when they looked at and asked where it made the most sense to do that, they asked if this is a reasonable and appropriate place to do that as opposed to other possibilities. He said he has to rely on people who are experts in that area and hopefully and prayerfully are correct in their conclusions.He said he is not an expert on landfill or refuse and not many in Council chambers tonight are,but the City has a landfill out there and the proposal is that the City rezone and acquire that property given the additional regulations which are entirely appropriate. The Mayor said Chance made the point that there may be all sorts of additional requirements that should be in place that need to be added. He said when the City and the Sanitation Department looked at the existing landfill site and looked at the soil, there were no liner requirements, none for a setback nor buffer. He added that there are all sorts of requirements in place now that, from a layman's view, appears to be reasonable and appropriate. He said it may be that additional requirements are very reasonable and appropriate in the future that we don't have in place now, and it might indeed be required before this property could ever be approved by IDEM t be used as a landfill. He said his limited experience with IDEM had been that they are anything but a rubber stamp. He said if there is anything that is not appropriate or any safeguard that is not in place that should be in place, this won't happen. He added that they are tough. Bever asked that the wording of the amendment be"and for removal of minerals." Councilmember Welch moved to amend the ordinance, second by Councilmember Allen and the motion was carried on a unanimous voice vote. There being no further comments either for or against, Councilmember Welch moved for engrossment, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 112 — 1998 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 112—1998 on third reading. Common Council Minutes Cont'd December 7, 1998 Page 17 Councilmember Welch stated that all that is being voted on here is rezoning.He said this issue will have to come back with more detailed information, but, for now, allows the removal of that top soil as a cover for the existing landfill use which is desperately needed and will be needed repeatedly for years to come. The second think,he said,is that it allows U.S. Aggregates to start mining that gravel and get it out of there and open that ground up with the assurance that any vegetation or land that they tear up will have to be re- established in these boundaries that we set out and agreed to. He said that when that point is reached in approving this land for landfill use that restrictions have to go into place that answer the concerns brought out by these residents. Also, that IDEM, the EPA and Natural Resources need to tell us what has to be put in those stipulations for special use of landfill at that property. He said he feels that for now it is only prudent to move ahead and rezone the property. Councilmember Dickman suggested that Cordi have an annual meeting with all the adjacent property owners to have a continuing discussion as to how things are going and what needs improved so they feel they are well informed. President Wissel announced that following the vote of Council there would be a 45-second pause to allow anyone who wishes to leave the room to do so. Councilmember Lundy Lundy said, bob alluded to doing something with neighborhoods. Go one step further, doing something about the problems they have already brought out and not just saying going to but doing it. Ordinance No. 112—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(8) Nays:Hutton(1) ORDINANCE NO.113—1998 The Clerk read Ordinance No. 113 — 1998 — 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 said she met with Joe Pierce at the Hospital Bed Remanufacturing Co. and took a tour of the location where they intend to put the wood shop in which this new equipment would be housed. The $70,000 worth of equipment will enable them to hire additional people, she said, adding that she thought their operation was impressive. She said the inventory ready to be delivered looked like new. She said she asked about the savings to the buyer and was told it was about 50 percent. President Wissel announced that Ordinance No. 113—1998 was on public hearing. There being no further comments either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Rice and the motion was carried on a unanimous voice vote. Councilmember Allen moved to suspend the rules and advance Ordinance No. 113— 1998 to third and final reading and read by title only,second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 113—1998 on third reading. Ordinance No. 113—1998 was adopted on the following call of the roll: Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Welch,Parker and Wissel(9) Nays:None ORDINANCES ON THIRD READING There were none. UNFINISHED BUSINESS The Clerk read Resolution No. 11 — 1998 -A RESOLUTION OF INTEREST TO PURCHASE CERTAIN REAL ESTATE CONTAINING APPROXIMATELY 209 ACRES AND ADJACENT TO THE NEW PARIS PIKE LANDFILL Common Council Minutes Cont'd December 7, 1998 Page 18 Councilmember Welch moved to adopt Resolution No. 11 — 1998, second by Councilmember Parker and the motion was carried on a vote of eight to one,with Councilmember Hutton voting against. CALL FOR ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. Bruce Wissel,President ATTEST: Norma Schroeder,Clerk