HomeMy Public PortalAbout03-061989 187
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA, MARCH 6. 1989
1 The Common Council of the City of Richmond, Indiana met in regular session March 6, 1989 at the hour of
2 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following
3 Councilmembers present: Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust. Absent:
4 Elstro. Representatives of the following media were in attendance: WKBV/WFMG, WHON/WQK and•
5 Palladium Item. The following business was had to-wit:
6
7 PLEDGE OF ALLEGIANCE
8
9 SILENT DEVOTIONS
10
11 APPROVAL OF MINUTES OF FEBRUARY 21. 1989
12
13 Councilmember Hankinson moved to approve the minutes of the previous meeting as prepared, seconded
14 by Councilmember Brookbank and on unanimous voice vote the motion was carried.
15
16 COMMUNICATIONS FROM THE MAYOR
17
18 Mayor Frank H.Waltermann spoke with the Council on the notice from CSX on abandonment of railroad from
19 Richmond to Marion, Indiana. He said this abandonment will have very little impact on Richmond, but future
20 plans for adandonment could cause problems for Richmond shippers. Mayor Waltermann said if the tracks
21 are abandoned from Cincinnati to Vincinnes it would cut off the route to the north for Richmond.
22
23 Mayor Waltermann informed the Council that he will join other communities to make certain that the public
24 hearing will be held on the right of way to make certain that it will be kept in place. He said this will assist any
25 short haulers to utilize the right of way.
26
27 Mayor Waltermann reported to the Council on the recent ice and snow storm and the activities of the Street
28 Department to have the major streets cleared by 8:00 AM.
29
30 Mayor Waltermann told the Council there would be a final report on the Performing Arts Center feasibility
31 study by March 17, 1989.
32
33 The Mayor commented on the Homeless Task Force and the report by Dr. Don Royer. He said the report
34 indicated there was a need for 400 to 600 subsidized housing units in the City and he hoped the report could
35 be released to the media to show the need for housing for persons considered marginally housed. The
36 Mayor stated the City was still hoping for a housing grant to place manufactured housing on vacant lots.
37
38 Mayor Waltermann completed his statements to Council by congratulating the Richmond High School Boys
39 Basketball team for their win in Sectional tournament play.
40
41 REPORTS FROM OTHER OFFICES
42
43 None were presented.
44
45 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
46
47 Mr. Barden reported the Board had received bids for renovation of Southview school and other Park Bond
48 projects. Mr. Barden added that the Board had also accepted retirements in the Police and Fire
49 Departments, approved a promotion in the Fire Department and awarded the bids for bulk purchases of
50 gasoline and fuel for the City.
51
52 REPORTS FROM SPECIAL COMMITTEES
53
54 i Committee of the Whole
55
56 Councilmember Brookbank reminded the members of the Committee of the Whole meeting with the Park
57 Department on March, 1989 at 7:00 PM at Glen Miller Park Office.
58
59 REPORTS FROM STANDING COMMITTEES
60
61 Reid Hospital
62
63 Councilmember Brookbank reported she had attended a meeting of the Indiana Hospitals Association where
64 they were able to meet with legislators.
65
4 I
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Common Council Minutes Cont'd
March 6,1989
Page 2
1 Park Board
2
3 President Hutton said the Park Board would be meeting next Wednesday and they hoped to award the bids
4 for the renovation of Southview School for the senior center.
5
6 REPORTS_FROM SPECIAL COUNCIL COMMITTEES
7
8 None.
9
10 MISCELLANEOUS BUSINESS
11
12 Annual Interest Disclosure Statements for Councilmembers Brookbank. Parker and
13 Paust
14
15 The annual Interest Disclosure Statements for Councilmembers Brookbank, Parker and Paust for
16 purchases too small to require the bidding procedure were presented for 1989.
17
18 Councilmember Hankinson moved to accept and file the Annual Disclosure Statements, seconded by
19 Councilmember McBride and on a voice vote with Councilmember Brookbank abstaining, the motion was
20 carried.
21
22 South L Street Extension
23
24 Councilmember Paust inquired of Mr. Willis as to the status of the extension of South L Street. Mr. Willis
25 informed the Council that he had been notified today that all paperwork had been completed by the Engineer
26 and the state would be letting the bid in July with a completion date of late November anticipated. Mr. Willis
27 said the Council will be requested to appropriate the matching funds for the project in the future with the
28 Federal share being 75%and 25%being local match.
29
30 RESOLUTIONS
31
32 None were presented.
33
34 ORDINANCES
35
36 Prior to the reading of Ordinance, Councilmember Hankinson commented that due to the weather many
37 persons are not able to be in attendance to comment on ordinances on public hearing and he moved to
38 detain all ordinance to the next meeting to allow additional public comment.
39
40 Councilmember Paust stated that many of the ordinances could be moved along and only the ones of
41 interest to the public be held fo7 additional comment. He felt they could be dealt with on a one to one basis.
42
43 The motion died for lack of a second.
44
45 ORDINANCES ON FIRST READING
46 -
47 No Ordinances were presented on first reading.
48
49 ORDINANCES ON SECOND READING
50
51 ORDINANCE NO. 5-1989
52
53 The Clerk read on second reading Ordinance No.5-1989-AN ORDINANCE VACATING A CERTAIN PUBLIC
54 WAY WITHIN THE CITY OF RICHMOND, INDIANA,BEING A SIXTEEN FOOT(16')ALLEY RUNNING OFF OF
55 SOUTH 18TH STREET BETWEEN EAST MAIN STREET AND SOUTH A STREET.
56
57 Having received the Proof of Notification, Councilmember Morris moved to accept and file, seconded by
58 Councilmember Paust and on unanimous voice vote the motion was carried.
59
60 President Hutton announced Ordinance No.5-1989 was on public hearing.
61
62 Speaking for the ordinance was Mr. Robert Burton, Attorney at Law, representing the petitioner, Dana
63 Weigle. Mr. Burton informed ;he Council that the McDonald's restaurant at 18th and Main was planning
64 construction. He said all variances and zoning matters have been properly acted upon by the Board of
65 Zoning Appeals and the Plan Commission and the Board of Public Works has accepted a dedication of right
189
Common Council Minutes Cont'd
March 6, 1989
Page 3
1 of way to allow access to an existing alley in order that this alley can be vacated to facilitate the
2 construction.
3
4 Mr. Burton explained this was an east/west alley intersecting with a north/south alley 175 ft. south of Main
5 Street and the right of way accepted by the Board of Works will now provide access to the north/south alley.
6
7 Mr. Burton added that all utility easement will be preserved and all have given their consent and there were no
8 'remonstrances at the Plan Commission hearing with the Plan Commission recommending adoption of the
9 Ordinance.
10
11 Councilmember Brookbank inquired if Mr. Weigle intended to keep the area clean as was past practice and
12 Mr.Weigle assured Councilmember Brookbank they would continue to do that.
13
14 There being no further questions, Councilmember Morris moved for engrossment, seconded by
15 Councilmember Parker and on unanimous voice vote the motion was carried.
16 I
17 1 Councilmember Paust moved to suspend the rules and move Ordinance No.5-1989 to third and final reading
18 'and read by title only, seconded by Councilmember McBride and on unanimous voice vote the motion was
19 carried.
20
21 i The Clerk read Ordinance No. 6-1989 on third and final reading by title only.
22
23 I Ordinance No.5-1989 was adopted on the following call of the roll:
24
25 Ayes: Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (8)
26 Nays: None
27 Absent: Elstro
28
29 I ORDINANCE NO. 6-1989
30
31 The Clerk read on second reading Ordinance No. 6-1989-AN ORDINANCE AMENDING CHAPTER 154 OF
32 THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING
33 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF PROPERTY
34 !LOCATED IN THE 1900 BLOCK OF SOUTH L STREET ON THE SOUTH SIDE, FROM R-2 SINGLE FAMILY
35 !RESIDENCE DISTRICT TO R-4 MULTI-FAMILY RESIDENCE DISTRICT.
36
37 President Hutton announced Ordinance No. 6-1989 was on public hearing.
38
39 Councilmember Morris explained the petitioner was Lutheran Social Services and they would be placing
40 ,housing for low income disabled persons on the property. She said there were no remonstrances at the Plan
41 ;Commission hearing and the Plan Commission recommended adoption of the Ordinance.
42
43 There being no further questions, Councilmember Parker moved for engrossment, seconded by
44 Councilmember Paust and on unanimous voice vote the motion was carried.
45
46 Councilmember Morris moved to suspend the rules and move Ordinance No. 6-1989 to third and final reading
47 and read by title only, seconded by Councilmember McBride and on unanimous voice vote the motion was
48 I carried.
49
50 The Clerk read Ordinance No. 6-1989 on third and final reading by title only.
51
52 Ordinance No. 6-1989 was adopted on the following call of the roll:
53
54 Ayes: Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (8)
55 Nays: None
56 Absent: Elstro
57
58 l ORDINANCE NO. 7-1989
59
60 I The Clerk read on second reading Ordinance No. 6-1989-AN ORDINANCE AMENDING CHAPTER 154 OF
61 'THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING
62 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF PROPERTY
63 LOCATED AT THE RICHMOND MUNICIPAL AIRPORT FROM AZ AIRPORT ZONE DISTRICT TO AZ SU
64 AIRPORT ZONE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR
65 THE LAND APPLICATION OF DIGESTED SLUDGE.
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Common Council Minutes Cont'd
March 6, 1989
Page 4
1 President Hutton informed the Council that the Ordinance needed to amended to reflect a corrected legal
2 description of the property. Councilmember Hankinson moved to amend Ordinance No. 7-1989 to reflect the
3 correct legal description,seconded by Councilmember Parker and on unanimous voice vote the motion was
4 carried.
5
6 President Hutton announced Ordinance No. 6-1989 was on public hearing.
7
8 Councilmember Brookbank requested this Ordinance be left on second reading.
9
10 Speaking for the ordinance was Mr. Ralph Willis, Sanitary District Manager. Mr. Willis explained that the
11 permits for the application of sludge have all been properly handled and approve by the Department of
12 Environmental Management and they have been applying it to a farm in Abington. He said they have
13 received approval 3000 acres approved for application in Wayne County as a hauling area with the Airport
14 area being one. Mr.Willis said the County has approved all zoning of each individual property involved.
15
16 Mr.Willis said the sludge will be used on the farms that are participating when possible and the will only apply
17 the excess along the Airport runways when necessary and will do the application to the owners
18 specifications.
19
20 Councilmember Parker asked about the 300'area along the runways and Mr.Willis explained it was the clear
21 zone, an area where no growth can be.
22
23 Councilmember Parker asked how close the application would be to adjacent property lines and Mr. Willis
24 said there were too many variables to tell,but the management of the Airport would tell where to apply.
25
26 President Hutton asked who would oversee the project and Mr. Willis said they would hire a contractor with
27 the Sanitary District setting the parameters and markings. He said the Sanitary District will be responsible
28 and that Richmond is the first City of this size to be permitted for sludge application.
29
30 In response to questions regarding any safety hazards and notifications involved, Mr. Willis explained they
31 will be getting rid of the by product to make the plant work efficiently. He said the state is very careful in the
32 amount of pounds of sludge that can be applied and the state has also viewed each area in Wayne County.
33 He said if a problem would develop they would immediately resolve it.
34
35 Councilmember Brookbank asked about testing for bacteria and Mr. Willis said tests are made on the soil to
36 determine the loading rate of the sludge. •
37
38 Councilmember Hankinson clarified that Councilmember Brookbank was trying to determine if it would be
39 posted that the fields were being treated with sludge and Mr. Willis said that type of signage could be
40 provided.
41
42 Councilmember McBride commented that he had used sludge applications on the Glen Miller Golf Course
43 with great success.
44
45 Mr.Willis further explained they will apply the sludge by putting it in the ground with knife blades rather than
46 spraying.
47
48 Further discussion was held on the 300' required between the application and any residences and
49 Councilmember Morris said the law required the 300'for the nearest resident.
50
51 Speaking in opposition to the Ordinance was Mr. Therin Specht of 5731 St. Road 227 South. Mr. Specht
52 expressed his concerns over land and water pollution with unknown contents in the sludge and the fear that
53 the 300' was not far enough for safety. He spoke of drainage from the Airport to a ditch going through
54 several farms in the area and also through Boston. He said he would feel more comfortable with the
55 application for the treatment specifying that it had to be applied by soil injection and the buffer zone
56 specified to 300'.
57
58 Mr. Willis said he would be happy to get with Mr. Specht and survey the area allowing him to layout his own
59 specifications.
60
61 Also speaking was Maureen Specht who spoke of potential future problems with industry waste and
62 problems with applying when the ground is frozen allowing a thaw or rain to carry it into the ditch. She said
63 the Airport property is high and the water drains right off the property.
64
65 Mr.Willis stated that the sludge can be taken to the landfill or be applied to an approved farm. he said the
Common Council Minutes Cont'd
March 6, 1989
Page 5
1 sludge does not create toxicity and the application is a far less obnoxious way to handle the problem.
2
3 Ordinance No.7-1989 will be held on second reading until March 20, 1989.
4
5 ORDINANCE NO. 8-1989
6
7 The Clerk read on second reading Ordinance No. 8-1989-AN ORDINANCE TO APPROVE USER RATES
8 AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND
9 SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND
10 SANITARY DISTRICT OF THE CITY OF RICHMOND,INDIANA.
11
12 Proof of Publication was presented and found to be in order. Councilmember Brookbank moved to accept
13 and file the Proof of Publication, seconded by Councilmember Hankinson and on unanimous voice vote the
14 motion was carried.
15
16 President Hutton announced the Ordinance was on public hearing.
17
18 Speaking for the Ordinance was Mr. Jerry Geier, President of the Board of Sanitary Commissioners. Mr.
19 Geier told the Council that he, Mr. Willis, Mr. Jerry Judge and Mr. Gary Adamson were here to answer
20 questions. He told the Council that the user fees are mandated by the Environmental Management to insure
21 proper capitalization for the future. Mr. Geier said the study by Brady Ware had been completed and they
22 !were asking for an increase in small amounts over a three year time period. He said the rates would go from
23 $9.00 to$10.85 in a three year period for the average household user.
24
25 Mr. Geier addressed the sprinkling credit situation and that the Sanitary District would be applying the credit
26 to all based on the average usage during January, February and March plus 25%divided by 3 and that would
27 be used as the average rate in June, July and August. He said if there were extraordinary conditions they
28 would be addressed at that time.
29
30 Councilmember Parker thanked Mr. Geier for the automatic sprinkling credit.
31
32 Mr. Ralph Willis explained that the District is now looking at projects totalling several million dollars that will
33 be needed for upgrade and to assist economic development. He said they are trying to plan and schedule a
34 fifteen year program.
35
36 Councilmember Parker asked why this increase was over a three year period,when they are mandated to do
37 a study of user fees every two years.
38
39 Mr. Gary Adamson of Brady Ware Accounting Firm said there was no requirement to do the study every two
40 years and Mr.Willis explained they required to review and report to EPA every two years in order to make the
41 community responsible and keep the system repaired. Mr. Willis said they did not want the increase to be a
42 rate shock, but prefer to make minor adjustments.
43
44 Ordinance No.8-1989 will be held on public hearing until March 20, 1989.
45
46 ORDINANCE NO. 9-1989
47
48 The Clerk read on second reading Ordinance No.9-1989-AN ORDINANCE TO APPROPRIATE WITHIN THE
49 LOCAL LAW ENFORCEMENT CONTINUING EDUCATION FUND.
50
51 Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept and file
52 the Proof of Publication, seconded by Councilmember Paust and on unanimous voice vote the motion was
53 carried.
54
55 President Hutton announced the Ordinance was on public hearing.
56
57 Speaking for the ordinance was Major Don Ponder. Major Ponder told the Council the appropriation of
58 10,000.was from court fees and would go into the Continuing Education Fund.
59
60 I Councilmember Brookbank asked what the funds were used for and Major Ponder said they were used for
61 K-9 training, and other training related to law enforcement. He said they now have a request for 4,500.00 for
62 a first installment of court fees into the County.
63
64 Mr. Barden stated that they now have to request the fees allotted to the City from the Courts on a monthly
65 l basis.
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Common Council Minutes Cont'd
November 6, 1989
Page 6
1
2 Councilmember Hankinson stated he was aware that Councilmember Elstro had some concerns and
3 requested the Ordinance remain on public hearing until March 20, 1989 for further questions.
4
5 ORDINANCE NO. 10-1989
6 •
7 The Clerk read on second reading Ordinance No. 10-1989-AN ORDINANCE TO APPROPRIATE WITHIN THE
8 CUMULATIVE CAPITAL DEVELOPMENT FUND.
9
10 Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept and file
11 the Proof of Publication, seconded by Councilmember Paust and on unanimous voice vote the motion was
12 carried.
13
14 President Hutton announced the Ordinance was on public hearing.
15
16 Speaking for the ordinance was Fire Chief Don Trotter. Chief Trotter explained the funds were being
17 appropriated for the purchase of a pumper. He explained to the Council the bidding and the award to the firm
18 meeting all specifications required.
19
20 There being no further questions, Councilmember Morris moved for engrossment, seconded by
21 Councilmember Hankinson and on unanimous voice vote the motion was carried.
22
23 Councilmember Morris moved to suspend the rules and move Ordinance No. 10-1989 to third and final
24 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
25 motion was carried.
26
27 The Clerk read Ordinance No. 10-1989 on third and final reading by title only.
28
29 Ordinance No. 10-1989 was adopted on the following call of the roll:
30
31 Ayes: Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (8)
32 Nays: None
33 Absent: Elstro
34
35 ADJOURNMENT
36
37 There being no further business, on a motion duly made,seconded and passed,the meeting was adjourned.
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43 Sarah L.Hutton,President
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49 ATTEST:
50 Mary Merchanthouse,City Clerk
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