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HomeMy Public PortalAbout03-05-1984 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MARCH 5,1984 • • 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 March 5, 1984, at the hour of 7:30 P.M. in the Council Chambers in the Mun- 3 icipal Building in said City, President Elstro presided with the following 4 members present: Councilpersons: Williams, Brookbank, Hankinson, Whitesell, 5 Parker, Bodiker, Lemoine and Morris. Absent: None. The following business 6 was had to-wit: 7 8 PLEDGE OF ALLEGIANCE 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF FEBRUARY 21 , 1984 13 14 Councilperson Hankinson mOved to approve the minutes of the previous meeting 15 as received, seconded by Councilperson Williams and on unanimous voice vote 16 the motion was carried. 17 18 COMMUNICATIONS FROM THE MAYOR 19 20 Mayor Frank Walterma.nn stated that he would not he making a report due to the 21 length of the agenda and the importance of the matters on the agenda. 22 ,: nT WORKSSAFETY 23 REPORT �S(?._. .�Q�!P.L' OF PUBLIC b^]O.t 8 AND 24 25 ar'-y "'''n' ss, Presi_de_nt of the .Board of Public works and; Safety cd=me ted 26 that no sic!nificant action had been. taken by the Board in the last two (2 27 weeks. 28 . 29 REPORTS FROM CITY DEPARTMENTS 30 31 Controller Cathy. Maness reported that based on computations made, local road 32 and street money available for 1984 expendures is $388,210.00. Those expend- 33 itures are yet to be made. 34 35 REPORTS FROM OTHER OFFICERS 36 37 None 38 • 39 REPORTS FROM STANDING COMMITTEES 40 41 None • 42 43 REPORTS FROM SPECIAL COMMITTEES 44 45 Airport - Councilperson. Lemoine announced that the meeting which had been. 46 cancelled due to the weather for the Councilpersons at the airport had been 47 rescheduled for March 29, 1984 at 7:00 P.M. 48 49 Community Services - Councilperson Whitesell- introduced Anne Withers of the 50 Community Services Council. iris....Withers gave the Council a brief background 51 - of the Community Services Council which was organized in 1939 as the Council 111 52 of Social Agencies. She explained that the only source of funds id member- 53 ship fees. They have 23 agency members and 28 individual members. The Com- 54 'munity services Council is still identifying needs and are currently involved 55 in a mini needs study. They also Offer an Annual Scholarship at I.U. East 56 and recognize the Human Service Worker annually. The meeting is on the third 57 Friday of each month at the MCL Cafeteria. The Board meeting is at 11 :00 a.m. 58 and the regular meeting starts at 12:00 noon. Both meetings are open to the 59 public. 60 61 MISCELLANEOUS BUSINESS 62 63 President Elstro announced that Councilperson Lemoine had volunteered to 64 serve on the Committee for the evaluation of converting Ci 7ic Hall to a Per- 65 . forming Arts Center. :4-4. 4. H. Common Council Minutes Con't February 21, 1984 Page 2 1 ' Councilperson Lemoine announced the first Public Forum meeting for the mem- 2 bers of Gonfalon Council will be on March 13, 1984 at Townsend Center. This 3 first meeting will be in District 2 and Councilperson Williams will chair the 4 meeting. 5 6 Councilperson Williams invited all persons in that District to attend with 7 suggestions of complaints. 8' 9 RESOLUTIONS 10 • 11 Councilperson Parker moved to suspend the rules and real Resolution No. 7-198[ 12' by title only, seconded by Councilperson Williams and on unanitous voice vote 13 the motion was carried. 14 15 RESOLUTION NO. 7-1984 16 17' The Clerk read by title only R- ..olution No. 7-1984 - A RESOLUTION AUTHORIZING 18 THE EXECUTION AND DELIVERY OF A GRANT AGREEMENT BY AND BETWEEN THE CITY OF 19 RICHMOND, .INDIANA AND THE INDIANA DEPARTMENT OF COMMERCE, GRANT NO. II 83-005, 20 AND AUTHORIZING AND DIRECTING TIE MAYOR OF THE CITY OF RICHMOND, INDIANA, 21, FRANK H. WALTERNANN, TO EXECUTE SAID GRANT AGREEMENT OF AND IN BEHALF OF THE 221 CITY OF RICHMOND, INDIANA: AND AUTHORIZING THE MAYOR OF THE CITY OF RICHMOND, 23 INDIANA, FRANK H. WALTERMANN, TO ENTER INTO A LOAN AGREEMENT BY AMID BETWEEN 24 THE CITY OF RICHMOND, INDIANA AND RICHMOND HOTEL, LIMITED, C/0 ROBERT D. 25 GABBARD, 222 MAPLE AVENUE, DANVIL.T,E PENTUCKY 40422 IN THE AMOUNT OF $500,000. 26 00, AS MADE AVAILABLE THROUGH SAID GRANT, FOR THE RESTORATION OF THE EXISTING 27 LELAND HOTEL. • 28 29 Councilperson Bodiker asked Mayor Waltermann regarding the loan agreement as 30 a condition of the grant agreement. 31 32 Mayor Waltermann asked Richard Freeman of 1607 Reeveston Road to respond to 33 the questions on this Resolution. 34' 35 Mr. Freeman stated that the City had preliminarily negotiated an interest 36 rate over ten (10) years that called for a required payment of 1/20th of the 37 amount of the principal due semi-annually and interest at 5 3/4% also pay- 38 able. 39 40 Mr. Freeman further stated that the construction interest that would be earned 41 through 1984 to January 1, 1985, the first required payment'of 1/20th of the 42 principal. plus interest at 5 3/4%, would be deferred payment due and payable 43 on July 1, 1985. This payment would be deferred and accrued along with the 44 construction interest. Those two (2) amounts would then be charged :the. intres4 45 rate of 11 1/2% on those amounts not paid on time. Also on January 1, 1986 46' the payments would be $40,108.00 semi-annually and at the end of six (6) 47 years when the second mortgage on the property was paid off the payments woula .48 be increased to $60,108.00. This means the term of the loan according to the 49 Grant Agreement would become a ten (10) year.period and this provides for an 50 earlier pay off to the City over approximately 7 2 years. This enables the 51 City to receive money back to begin loaning money out to assist other busin- 52 esses and industries locating in the City. 53 54 Councilperson Bodiker asked if this would be repaid into an Economic Develop 55 ment Fund and what kind of security did the City have on this loan. 56, 57 Mr. Freeman stated the security would be a third mortgage and that they were '58 trying to obtain a first mortgage on furniture, fixtures and equipment. • 59 60 Councilperson Williams asked Mr. Freeman if the City.would be in debt on the 61, loan agreement for a private business. 62' 63 Mr. Freeman stated this is not a grant typical of past grants received. As 64 a part of the grant agreement the City will loan Richmond Hotel, Limited 65 $500,000.00. There are no local tax dollars involved. p•t,� E:o Common Council Minutes Con't • March 5; 1984 Page 3 • • 1 Mr. Freeman stated that this is a $6,000,000.00 project, $500,000.00 of which . 2 is financed through this Industrial Incentive Grant and the other $5,500,000.000 • 3 by Economic Development Bonds and the developer's equity. • 4 5 Councilperson Parker coaaented that this is the first one of it's kind within 6 the City and asked Mr. Freeman to explain some assets of this program. 7 . 8 . Mr. Freeman explained that this provides low interest loans for location or 9 . expansion of business or industry in the community, allows repaid funds to 10 be used. by City for location of new industry or expansion of industry or 11 business and creates an Economic Development Fund. He further explained that 12 the 'Council writ l need to pass -an Ordinance to control the loaning of funds . 13 • from the Economic Development Fund. 14 15 Councilperson Hankinson 'moved to adopt Resolution No. 7-1984, seconded by 16 Councilperson Whitesell and on unanimous voice vote the Resolution was adopteo. 17 18 ORDINANCES ON FIRST READING .19 ' 20 Councilperson Norris moved to suspend the rules on Ordinance NO. 11-1984 and 21 read by title only, seconded by Councilperson Bodiker and on unanimous voice 22 vote _the motion was carried. 23 24 ORDINANCE NO. 11-1984 25 26 The Clerk read on first reading by title only Ordinance No. 11-1984 AN 27 ORDINANCE NCE TO TRANSFER WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 28 29 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 11- 30 1984 to second reading, seconded by Councilperson Williams and on unanimous 31 voice vote the motion was carried. 32 33 The Clerk read on second reading by title only Ordinance No. 11-1984 - AN 34 ORDINANCE TO TRANSFER WITHIN .THE MOTOR VEHICLE HIGHWAY FUND. 35 36 President Elstro announced that Ordinance No. 11-1984 was on public hearing. 37 Speaking for Ordinance NO. 11-1984 was Controller Cathy Maness. Ms. Maness 38 explained that this transfer within the Motor Vehicle Highway was to help . 39 compensate for cuts made by the State Tax Commissioners in Supplies and Other .40 . Services and Charges. The funds will be transfered from the Personal• Services 41 ' account and this will be refunded with Revenue Sharing Funds. The amount be- 42 ing transfered will cover expenses from January 1, 1984 to•March 31, 1984. 43 44 Councilperson Hankinson moved to engross Ordinance No. 11-1984, seconded by 45 Councilperson Williams and on unanimous voice vote the motion was carried. 46 47 Councilperson. Williams moved to suspend the rules and to move Ordinance No. 48 11-1984 to third and final reading and to read by title only, seconded by 49 Councilperson Morris and on unanimous voice vote then otion was carried. 50 51 'Ordinance No. 11-1984 was adopted with•the following vote: III 52 53 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Iemoine, 54 Morris and Elstro. (9) 55 Nays: None 56 57 Councilperson Morris moved to suspend the rules on Ordinance No. 12-1984 and 58 read on first reading by title only, seconded by Councilperson Bodiker and 59 on unanimous voice vote the motion was carried. 60 :61 ORDINANCE NO. 12-1984 • 62 63 The Clerk read on first reading by title only Ordinance NO. 12-1984 - AN 64 ORDINANCE TO APPROPRIATE .b ktOM THE FEDERAL REVENUE SHARING TRUST FUND. 65 oriAlt6 Common Council Minutes Can't March 5, 1984 Page 4 1 President Elstro announced Ordinance No. 12-1984 needs to be legally adver- 2 tised for public hearing. 3 4 Councilperson Hankinson moved to suspend the rules on Ordinance No. 13-1984 5 and read by title only on first reading, seconded by Councilperson Williams 6 and oniunanimous voice vote the motion was carried. 7 8 The 'G-lerk read on first reading by title only Ordinance No. 13-1984 '- AN 9 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - CT ERNS OFFICE. 10 11 Councilperson Hankinson moved to suspend the rules on Ordinance No. 13-1984 12 and to move to second reading, seconded by Councilperson Bodiker and on 13 unanimous voice vote the motion was carried. 14 15 The Clerk read on second reading by title only Ordinance No. 13-1984 - AN 16 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - CLERK'S OFFICE. 17 18 President Elstro announced that Ordinance No. 13-1984 was on. public hearing. 19 20 Speaking for Ordinance No. 13-1984 was Mary Merchanthouse. Ms. Merchanthouse 21 stated that the Clerk's Office needed to reimburse the supply budget due to 22 large expexiditures to purchase stationary and to bring the working supplies 23 back to the necessary level. The $300.00 transfer will be taken from the • 24 travel budget and placed in the supply budget for office supplies: 25 26 Councilperson Hankinson moved to engross Ordinance No. 13-1984, seconded by 27 Councilperson Whitesell and on unanimous voice vote the motion was carried. 28 29 Councilperson Whitesell moved to suspend the rules on Ordinance No. 13-1984 30 and to move it to third and final reading and to read by title only, second- 31 ed by Councilperson Hankinson and on unanimous voice vote the motion was 32- carried. • 33 34 Ordinance NO. 13-1984 was adopted,with the following vote: 35 36 Ayes: Williams, Brookbank; Hankinson, Whitesell, Parker, Bodiker, Lemoine, 37 Morris and Elstro (9) 38 Nays: None 39 40 Councilperson Williams moved to suspend the rules -and read Ordinances No. 41 14, 15, and 16-1984 by title only, seconded by Councilperson Brookbank and 42 on unanimous voice vote the motion was carried. 43 44 ORDINANCE NO. 14-1984 45 • 46 The Clerk read on first reading by title only Ordinance No. 14-1984 - AN 47 ORDINANCE AMENDING THE SALARIES AND POSITIONS OF THE FIRE DEPARTMENT OF THE 48 CITY OF RICHMOND,OND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1984 AND . 49 ENDING DECEMBER 31, 1984. 50 51 Councilperson Hankinson moved to suapend the rules and to-move Ordinance No. 52 14-1984 to second reading, seconded by Councilperson Parker and on unanimous 53 voice vote the motion was carried. 54 55 The Clerk read on second dreading by title only Ordinance No. 14-1984 -AN 56 ORDINANCE AMENDING THE SALARIES AND POSITIONS OF THE FIRE DEPARTMENT OF THE 57 CITY OF RICHMOND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1984 AND 58 ELIDING DECEMBER 31, 1984. 59 60 President Elstro announced that Ordinance NO. 14-1984 was on public hearing. 61 62 Speaking for Ordinance No. 14-1984 was Controller Cathy Maness. Ms. Maness 63 explained that the 1984 Salary Ordinance needed to be amended due to the 64 contract negotiations with the Fire Department and the Board of Public Works 65 and Safety. There will be an overall increase in the salaries of the Fire �41 Common Council Minutes March 5, 1984 Page 5 1 Department of $6,856.00. This figure is a 5% increase and. the original ord- 2 inance included wages with a 3% to 4% increase. This increase will be ab- ' sorbed by- the -Fire Department by a transfer into personal services from the 4 capital outlay' budget.• . pAlso speaking for Ordinance No. .14-1984 was Jud Rigs'by,P:resident of Local 1408. Mr. Rigsby stated that this was an agreeable settlement and the fire- fighters were in favor of this Ordinance. 1 Councilperson Hankinson moved to engross Ordinance No: 14-1984, seconded by 1 Councilperson Bodiker and on unanimous voice vote the motion carried. f 1 1J Councilperson Whitesell moved to suspend the rules and to move Ordinance 14 No. 14-1984 to third and. final -reading and to read by title only, seconded 15 by Councilperson Williams and on unanimous voice.vote the motion was carr_- 1r ied. 1 18 Ordinance No. 14-1984 was adopted with the following vote: 2 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, Morris and Elstro (9) . 2 Nays: None . • 2t' . 24 . ORDINANCE rIO.. 15-1984'. . 26 The Clerk .read on second reading by. title'onlY .Ordinance No 15-1984 - AN 217 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - FIRE DEPARTMEK III 2 2 President Elstro announced that Ordinance No. 15-1984 was on public hearing. 3 . 3 Speaking for Ordinance No. 15-1984 was Controller Cathy Maness. Ns. Maness 3 explained that the Ordinance :will fund the amended salary ordinance for the 3 Fire Department that was just passed. 30 . . 3p Councilperson Hankinson moved to engross Ordinance No. 15-1984, seconded by 35 ' Councilperson'Parker and on unanimous voice vote the motion was carried. 37 . • 3p Councilperson Williams moved to suspend the rules and to move Ordinance No. 3 15-1984 to third and final reading and to read .by title only, seconded by 4 Councilperson Hankinson and on unanimous voice vote the motion was carried. 4 4 . The Clerk read on third and final reading by title only Ordinance No.15- 413 1984 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - FIRE DEPARTMENT. 40 4 p Ordinance No. 15-1984 was adopted with the followingvote:e: . . • 4V Ayes:. Williams, Brookbank, rankinson, Whitesell, Parker, Bodiker, Lemoine, 4p . Morris and Elstro (9) . 4p Nays: None 5) 51 ' ORDINANCE NO. 16-1984 • . . 53 The Clerk read by title only on first reading Ordinance No. 16-1984 - AN 5(+ ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 5 . . 5 President Elstro announced- Ordinance No. 16-1984 has to be legally adverti- 5 sed. 5 . . . • 59 ORDINANCES ON SECOND READING 6D 6 ORDINANCE NO. 5-1934 6 6 The Clerk read on second reading by title only Ordinance No.. 5-1984 - AN 64 . ORDINANCE FACATING A CERTAIN PUBLIC ALLEY LYING IN•THE TERRITORY GENERALLY 65 BOUNDED BY NORTH "B" STREET,:NORTH 8th STREET, NORTH "A" STREET AND NORTH 00448 Common Council Minutes March 5, 1984 Page 6 1 7th STREET. 3 City Attorney Barden told the members of Council that the Plan Commission 4 meeting to hold Public Hearing on this Ordinance had been cancelled and will 5 not be held again until the regular meeting in March. The Council can hold 6 their public hearing and wait for final vote on this ordinance when the 7 recommendation from the Plan Commission is made. 8 • 9 •President Elstro announced that Ordinance No. 5-1984 was on public hearing. 10 11 Speaking for Ordinance No. 5-1984 was Tony Polver, Chairman of the Building 12 Committee at St. Mary's Church. The alley being requested to be vacated is 13 located behind the Church and Gym and the Church owns the property on both 14 sides of the alley. There are gates located at each end of the alley which 15 are closed during recess periods, but are opened at other times. Traffic 16 shortcutting through this alley makes it dangerous for the children to cross. 17 18 Councilperson Williams moved to engross Ordinance No. 5-1984, seconded by 19 Councilperson Hankinson and on unanimous voice vote the motion was carried. 20 21 ORDINANCE NO. 8-1984 22 23 The Clerk read on second reading by title only Ordinance NO. 8-1984 - AN 24 ORDINANCE PROVIDING FOR THE DESIGNATION OF ON-STREET PARKING FOR THE PHY- 25 SICALLY T Y HANDICAPPED, RESTIRCTING THE USE OF SUCH DESIGNATED PARKING SPACES, 26 AND PROVIDING PENALTIES FOR VIOLATION THEREOF IN THE CITY OF RICHMOND, IND- 27 IANA. 28 29 The City Attorney stated the Proof of Publication was in order for a public 30 hearing. 31 32 Councilperson Bodiker moved to accept and file the Proof of Publications, 33 seconded by Councilperson Hankinson and on unanimous voice vote the motion 34 was carried. 35 36 President Elstro announced that Ordinance No. 8-1984 was on public hearing. 37 38 Speaking for Ordinance No. 8-1984 was June Miller, 4111 Backmeyer Road, 39 President of the Community Council on Disability Awareness. Mrs. Miller 40 stated that the Council on Disability Awareness has decided to make aware- 41 ness of this ordinance a project of this organization. They will attempt to 42 make the disabled aware of how to obtain the proper vehicle identification 43 and are in full support of this ordinance. 44 45 Also speaking for Ordinance No. 8-1984 was Weldon Pierce of SW 17th Street. 46 Mr. Pierce asked about enforcement on private property. The City Attorney 47 stated the City has no authority on private property, but that shopping 48 centers may contract this enforcement. He had contacted the shopping centers 49 and one has reacted positively. 50 51 Mr. Robert Rigg, Vice President of the Community Council on Disability 52 Awareness commented that compared to other states the $50.00 fine imposed 53 by this ordinance is very reasonable. 54 55 Mr. Howard Mullin representing the Disabled American Veterans expressed 56 their support of this Ordinance. 57 58 Mr. Steve Martin of the Easter Seal Society also expressed his support of 59 this ordinance. 60 61 Mr. Orville Wille Willis, 250 Cartwright Drive, questioned the Council re- 62 garding the $50.00 fine for a first offender. 63 a Councilperson ?Jillians stated that this Ordinance must have some teeth in 65 it to make violators aware of their responsibility to the disabled. V-` 9 1 Co,^mon. Council Minutes Con't 2 March 5, 1984 3 Page 7 4 5 6 Councilperson Brookbank moved to engross Ordinance No. 8-1984, seconded by 7 Councilperson Uhi•tesel l and on unanimous voice vote the motion was carried. 8 9 Councilperson Bodiker moved to suspend the rules and move Ordinance No. 8- 10 1984 to third and final reading and to read by title only, seconded by 11 Councilperson i%enkin.son and on unanimous voice vote the motion.'.was- carried. • 12 13 The Clerk on read on third and final reading by title only Ordinance No. 8- 14 1984 - AN PPJ;INANCE PROVIDING FOR THE DESIGNATION OF ON-STREET PARKING FOR 15 THE PHYSICALLY HANDICAPPED, RESTRICTING THE USE OF SUCH DESIGNATED PARKING 16 SPACES, AND PROVIDIBG PENALIT IES FOR VIOLATION .l >El' OF TN THE 'CITY OF RICPMON D, 17 INDIANA.. 18 19 Ordinance No. 8-1984 was adopted with the following vote: 20 21 Ayes: Williams, Brookbank, inakinson, Ub.itesell, Parker, Bodiker, Lemoine, 22 Morris and Elatro (9) 23 Nays" None 24 25 ORDINANCE NO. 10-1984 26 27 The Clerk read on second reading by title only Ordinance No. 10-1984 - AN 28 ORDINANCE CONCERNING..ANIMAL WASTES AND TO FACILITATE TIE REMOVAL THEREOF. 29 30 City Attorney Barden stated. the Proof of Publication for public hearing was 31 in order. 32 33 . Councilperson Parker.moved to accept and file the Proof of Publication, 34 Seconded. by Councilperson Bodiker and on. unanimous voice vote the motion 35 was carried. 36 37 Councilperson Morris asked the City Attorney how this ordinance was to be 38 ' enforced. 39 40 Councilperson Bodiker also stated he did not feel the ordinance was.enforce- 41 able. 49 43 President Elstro announced that Ordinance No. 10-1986 was on public hearing. 44 5� Weldon Pierce of S.W. Street asked. the Council who he was to call re- , W. 17_..h. re- 46 gerding the. remo al of waste by animals not belonging to him.. 47 4 t Attorney statedinreasonthisordinancewasthe 8 The Ci:y At�orn�_y tine for to mandate 49 clean up. The Li4 ter Ordinance passed last made the deposal.t a crime but 50 made no mention of the clean up. The property owner has the authority to call 51 the police in order to. have a ticket written for wastes_deposited in their 52 yard and not cleaned., up. • 53 54 ' Jim Knight of 809 South 1 7th Street questioned the enforcement of this ord- 55 inance. 56 57 Mr. Orville Wi_lliis of Cartwright Drive asked if this ordinance includes cats. �r 1'i l ' i, T r- ed thatanimalswere 'e 58 N�. ��tiii� was L�._o..�._` ��at all included. 60 Councilperson Dorris moved to engross Ordinance No. 10-1984, seconded by 61 Councilperson Hankinson and on hte following vote the motion was carried. 62 63 Ayes: Williams, Hankinson, Whites ell, Morris and Elstro (5) 64 Nays: Brookbank, Parker, Bodiker. and Lemoine (4) 65 . I Common Council Minutes Con't • March 5, 1984 Page 8 1 Councilperson Whitesell moved to suspend the rules and move Ordinance No. 10- 2 1984 to third and final reading and read by title.only, seconded by Council- 3 nerSm Williams and on a .voice•vote the motion wa defeated. • 5 ORDINANCE NO. 9-1984 7 Councilperson ?orris moved to bring Ordinance NO. 9-1984 from• the Committee 8 of the Whole and place it :on second. reading, seconded by Councilperson Will- n Tams and on unanimous voice vote the motion was carried. 10 11 The Clerk read on second r_eading. by title. only Ordinance No. .9-1984 - AN 12 ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID 13 WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF .THE CITY OF . 14 RICHMOND; Indiana, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE 15 CITY OF RICHMOND, INDTANA.' . . • 15 • 17 The City Attorney stated the Proof of Publication for public hearing was in. 18 order. 19 20 Councilperson Bodiker moved to accept adn file the Proof of Publication, 21 seconded by Councilperson Parker and on unanimous voice vote the motion was 22 carried. 23 24 . • President Elstro announced Ordinance No. 9-1984 was on public hearing. 25 25 There was no one speaking for this ordinance. ' • . 27 28 Speaking against this ordinance was Mr. Tom Jones, 1314 Hunters Point Drive. 29 Mr. Jones opposes this. ordinance and.. asked the Council to delay their decis- 30 ion until the current administration can redo a budget that has been alleged 31 to be wasteful. He also asked the Council that if it was necessary to in- 32 crease the •fees to do so temporarily and only for the mount needed to keep 33 the Sanitary. District form operating in the red. 34 35 Mr. Paul Fuller of 1215 Ratliff Street asked the rates to be clarified re- 36 garding the amount of funds. included i_n the user charge set aside tomrd 37 debt service. Mr. Fuller was informed that none of the debt service had 38 been included in the user fee as presented. All debt service will go on 39 tax base. - 40 • 41 M.r. Orville Willis of Cartwright Drive continented on the prior waste in the 42 sewer separation. project and the construction of the new treatment plant. 43 44 Councilperson Williams commented that the original rate had been set too 45 low and this rate increase is, necessary to keep the.plant operational. 4 47 —Councilperson Whitesell stated that Mr. Willis' questions were valid and 48 should be, answered. .He commented that the original rate was figured to keep 49 the plant operational as it was at that time, With the plant going on line 50 with a much greater. capacity it.will now take more funds to operate the 51 plant.. Mr. Whitesell noted that the current budget has been carefully stud- s') ied and that it is based on the best known data at this time. 54 Councilperson Morris requested that Mr. Willis .and Mr. Judge be allowed to 55 state their professional opinions regarding the user rate increase and Dos- 55 sibly answer. some questions from the pbulic. in •their explanation. 57 58 Mr. Ralph Willis, Public Works Director of the City of Richmond, stated 59 they have studied the budget and have made cuts within the personal services. 50 There are some budgeted items that are mandated by the EPA. Mr. Willis hl stated that the plant simply cannot run for less money that the costs of 62 the operation. The historic evidence is not sufficient to allow any better 63 estimate of the budget than presented. Mir. Willis commented that the Council 54 had the option of cutting or raising the rates annually. 65 Common Council Minutes Con't March 5, 1984 Page 9 1 Mr. Gerald Judge of. the Sanitary District coMmented that even if there is 2 ' surplus in the budget they had started the veer in the negative. They are 3 currently operating on the old rates and they need the new rates to bring 4 the account out of the red. He stated that they can work out the surpluses 5 if there are any and can go from there. 6 7 Cathy Maness, City Controller, stated that there was a cash deficit of app- 8 ro".irmately S50,000.00. The utility has received a short term loan from the 9 ,solid waste division of the Sanitary District to help meet its operating; 10 costs. This Joan must be repaid by the end of 1984. 11 12. City Attorney, U.enneth Barden stated that due to EPA requirements the Board. 13 of Sanitary Commissioners passed a new Resolution No. 5-1984 amending Resol- 14 ution No.2-1984 changing Article 5. 15 16 Speaking against Ordinance No. 9-1984 was Bob Doyle of Geraldine Lane. Mr. 17 Doyle stated that if the new Sanitary District had not been formally accepted 18 by the City of Richmond that it should not be until everything is correct. 19 20 President Elstro stated it was up to the Sanitary Commissioners to accept 21 the new facility not hte Common Council. 22 23 Mr. Curtis Gilmore, Environmental Coordinator of the Belden Corporation 24 commented on the rate of increase of the user fee including the debt service 25 being placed on the tax base. 26 27 Mr. Gary Adamson, CPA with Brady, Ware and Co. , stated that the percentage 28 of rate increase was figured only on flow service and that the debt service 29 would have cost the same regardless if it had been figured_ on the user. fee 30 or added to the tax base. 31 32 Mr. Gilmore commented that regardless of whether the increase. is.on the user 33 fee 'or the tax base, it is still money ott of pocket. 34 35 Mr. Jim. Knight asked Mr. Willis if the Sanitary District had asked the EPA 36 to build the plant. 37 38 Mr. Willis commented that the plant had to be built due to EPA regulations. 39 40 Mr. Knight questioned concerning if the plant standards set by EPA were due 41 to the plant possibly being regional. 42 43. Mr. Weldon Pierce of S.W. 17th Street asked regarding the fact that the 44 user fees were based on the water bills and that meters are only read every 45 three months therefore the user fees are being based on estimated bills. 46 47 Mr. Judge commented that if there is a problem and the fees need adjusted 48 to call the Sanitary Plant and the matter will be handled. 49 50 Councilperson Williams commented that he realized this increase could place 51 hardship on persons on f i`.e_d income and. that the Council needs to really J 52 study t'?i_s issue before lie also co_��r tinted that persons with bills J voting. 1. 53 that they cuecti_on should contact the Sanitary District for assistance. 54 55 Councilperson Bodiker stated..that with good mamagement and tightening of 56 the belt that the plant could. be operated with less of rate increase. Be 57 further stated that be -??not support the proposed rate increase and feels 58 there must he some reduction of the rates. 59 60 Councilper_son Morris asked Mr. Willis if this plant could have been a smaller 61 plant and if it could have been condid.ered mismanagement to have a plant 62 that size for this area. 63 64 Mr. Willis stated that this particular plant if an Advanced Waste Treatment 65 Plant and we do more to treat our water since it must meet more standards due to the Brookville Reservoir. 00 Common Council Minutes Con't March5, 1984 Page 10 1 Councilperson l'Ihitesell co ented on the idea of Mr. Jones regarding a ternp- 2 orary rate increase with a date of expiration included. Mr. Willis stated 3 that they ;have no background on z7hi_ch to base this kind of decision. The best 4 extimate possible has been presented on operating costs. The Sanitary Dis- 5 trict cannot make dramatic changes to cut the budget, the EPA will allow only 6 slow methodical changes. 7 3 Councilperson Parker asked Gary Adamson of Brady,, ,Ware and. Co. if they could 9 go through and redo the budget: Mr. Adamson stated that most of the budget 10 i term including the maintenance and capitalization. categories were mandated 11 by the EPA and the only flexibility was 'i n the operating end of the budget. 12 13 Councilperson Limoine stated she felt that the rate they had been presented 14 was a little high and she hoped. someone .would amend these rates. 15 16 Councilperson Morris moved.to amend Ordinance No. 9-1984 as, follows: 17 18 Reduce the treatment rate of Class I users from $1.18 to $1.13 and to reduce 19 the treatment rate of Class II users from $.96 to $.91 per thousand gallons 20 per month. Raise the rate surcharge based upon suspended solids from seven 21 to eight cents per pound of suspended solids and to raise the rate surcharge 22 based upon BOD from eight to nine cents per pound of biochemical oxygen 23 demand. Also to add the statement. "'the rates set forth in this Ordinance 24 shall be applicable for usage occuring on or after the effective date and 25 shall not be retroactive" to Section 9 of the ordinance. . 26 . 27 Councilperson Lemoine seconded the motion to amend Ordinance No. 9-1984 and 28 the motion was carried with the following vote: 29 30 Ayes: Williams, Brookbank, Wh.itesell, Lemoine, Morris and Elstro (6) 31 Nays: Hankinson, Parker and Bodiker (3) 32 . 33 Councilperson Morris moved to engross Ordinance No. 9-1984, seconded by 34 Councilperson Brookbank and on a voice vote the motion was passed.. 35 36 Councilperson Williams moved to suspend hte rules and to move Ordinance Mo. 37 9-1984 to third and final reading and read by title only, seconded by 38 Councilperson Morris and on a roll call the motion was defeated by a no 39 vote by Councilperson Parker. .. 40 41 ORDINANCES OF THIRD BEADING . 49 - 43 None ',4 . 45 Councilperson Bodiker stated to Ms. Maness that he would like to extend his 46 compliments to the Board of Works to pass along to the Street Department for 47 . their fine work in the recent snow emergencies. 48 49 ADJOUPJYIMENT 50 . 51 There being no further business on a motion duly made, seconded and passed 52 the meeting was adjourned. 53 54 55 ' Howard J. Elstro 56 President 57 58 59 ATTEST: Mary Merchanthouse 60 City Clerk 61 62 63 64 65 V