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HomeMy Public PortalAbout11-02-1981 167 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 2, 1981 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session November 2, 1981 at the hour of 7:3.0 p.m. in the Council Chambers 3 in the Municipal Building in said City. President Mills presided with 4 the following members present: Messrs. Elstro, Williams, Ahaus, Welch, 5 Parker, Carter and Paust. Absent: Hankinson. The following business 6 was had, to-wit: 7 8 DEVOTIONS 9 10 Devotions were given by President Mills. 11 12 APPROVAL OF MINUTES OF OCTOBER 19, 1981 13 14 Councilman Williams moved to approve the minutes of the previous meeting 15 as received, seconded by Coundilman Welch and on unanimous voice vote 16 the motion was carried. 17 18 REPORT FROM BOARD OF PUBLIC .WORKS AND. SAFETY 19 20 Councilman Elstro complained of a trashy yard at 1109 Parry Street. Mr. 21 Meredith noted the. Board ordered the owner, Mr Dilly who lives in Penn- 22 sylvania, to appear to show cause why the City shouldn't clean it up. 23 It was cleaned by the occupant but within-a week was right back where 24 it was. Mr. Dilly was contacted and he was going to make an effort to 25 void the contract with the occupant. The Board will have an inspection 26 made. 27 28 Councilman Elstro stated the northwest- corner of South 8th &: "0" is a 29 mess and requested Board take action to correct this. 30 31 MISCELLANEOUS BUSINESS 32 33 President Mills welcomed the government class from RHS which was in 34 attendance. 35 36 President Mills announced Tabled Ordinance No. •71-1981 will not be on the 37 agenda tonight and will come back in two (2) weeks. 38 39 ORDINANCES ON 1ST READING 40 41 Councilman Welch moved to suspend the rules and read Ordinance Nos. 42 78-1981 through 82-1981 on first reading by title only, seconded by 43 Councilman Parker and on unanimous voice vote the motion was carried. 44 45 ORDINANCE NO. 7 8-19 81 46 47 The Clerk read on first reading by title only Ordinance No. 78-1981 - 48 AN ORDINANCE TO TRANSFER WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 49 50 Councilman Welch moved to suspend the rules and read Ordinance No. 78- 51 1981 on second reading, seconded by Councilman Parker and on unanimous III 52 voice vote the motion was carried. 53 . . 54 The Clerk read on second reading Ordinance No. 78-1981 . 55 56 President Mills announced Ordinance No. 78-1981 is on public hearing. 57 Explaining this Ordinance was City Controller Don Meredith. 58 59 Councilman Carter moved for engrossment, seconded by Councilman Paust 60 and on unanimous voice vote the motion was carried.61 62 Councilman Welch moved to suspend the rules and read Ordinance No. 78- 63 1981 on third and final reading by title only, seconded by Councilman 64 Parker and on unanimous voice vote the motion was carried. lb68 Common Council Minutes Cont'd. November 2, 1981 Page 2 1 The Clerk read on third reading by title only Ordinance No. 78-1981. 2 3 Ordinance No. 78-1981 was adopted by the following vote: 4 AYES: Elstro, Williams, Ahaus, Welch, Parker, Carter, Faust, Mills (8) 5 NOES: None (0) 6 ABSENT: Hankinson 7 8 ORDINANCE NO. 79-1981 9 10 The Clerk read on first reading by title only Ordinance No. 79-1981 - 11 AN ORDINANCE TO TRANSFER WITHIN THE MUNICIPAL AIRPORT FUND. 12 13 Councilman Welch moved to suspend the rules and read Ordinance No. 79- 14 1981 on second reading, seconded by Councilman Parker and on unanimous 15 voice vote the motion was carried. 16 17 The Clerk read on second reading Ordinance No. 79-1981. 18 19 President Mills announced Ordinance No. 79-1981 is on public hearing. 20 Explaining this Ordinance was City Controller Don Meredith. 21 22 Councilman Carter moved for engrossment of Ordinance No. 79-1981 , 23 seconded by Councilman Welch and on unanimous voice vote the motion 24 was carried-. 25 26 Councilman Welch moved to suspend the rules and read Ordinance No. 79- 27 1981 on third and final reading by title only, seconded by Councilman 28 Parker and on unanimous voice vote the motion was carried. 29 30 The Clerk read on third reading by title `only Ordinance No. 79-1981. 31 32 Ordinance No. 79-1981 was adopted by the following vote: . 33 AYES: Elstro, Williams, Ahaus, Welch, Parker, Carter, Faust, Mills (8) 34 NOES: None (0) 35 ABSENT: Hankinson 36 37 ORDINANCE NO. 80-1981 38 39 The Clerk read on first reading ,by title only Ordinance No. 80-1981 - 40 AN ORDINANCE TO TRANSFER WITHIN THE PARK AND RECREATION FUND. 41 42 Councilman Welch moved to suspend the rules and read Ordinance.No. 80- 43 1981 on second reading, seconded by Councilman Parker and on unanimous 44 voice vote the motion was carried. 45 46 The Clerk read on second reading Ordinance No. 80-1981. 47 48 President Mills announced Ordinance No. 80-1981 is on public hearing. 49 Explaining this Ordinance was City Controller Don Meredith. 50 51 Councilman Ahaus moved for engrossment of Ordinance No. 80-1981, 52 seconded by Councilman Parker and on unanimous voice vote the motion was 53 carried. 54 55 Councilman Williams moved to suspend the rules and read Ordinance No. 80- 56 1981 on third and final reading by title only, seconded by Councilman 57 Welch and on unanimous voice vote the motion was carried. 58 59 The Clerk read on third reading by title only Ordinance No. "80-1981. 60 61 Ordinance No. 80-1981. 62 AYES: Elstro, Williams, Ahaus, Welch, Parker, Carter, Faust., Mills (8) 63 NOES: None (0) 64 ABSENT: Hankinson 69 Common Council Minutes Cont'd. November 2, 1981 Page 3 1 {ORDINANCE NO. 81-1981 2 3 The Clerk read on first reading by title only Ordinance No. 81-1981 - 4 AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 5 6 President Mills announced Ordinance No. 81-1981 has to be advertised. 7 8 ORDINANCE NO. 82-1981 9 10 The Clerk read on first reading by title only Ordinance No. 82-1981 - 11 AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 12 13 Councilman Welch moved to suspend the rules and read Ordinance No. 82 14 1981 on second reading, seconded by Councilman Parker and on unanimous 15 voice vote the motion was' carried. 16 17 The Clerk read on second reading Ordinance No. 82-1981. 18 19 - President Mills announced Ordinance No. 82-1981 is on public hearing. 20 Explaining this Ordinance was City Controller Don Meredith. 21 22 Councilman Parker moved for engrossment of Ordinance No. 82-1981, 23 . seconded by Councilman Welch and on unanimous voice vote the motion 24 was carried. 25 26 Councilman Welch moved to suspend the rules and read Ordinance No. 82- •27 1981 on third and final reading by title only, seconded by Councilman 28 ' Parker and on unanimous voice vote the motion was carried. 29 III 30 The Clerk read on third reading by title only Ordinance No. 82-1981. 31 32 Ordinance No. 82-1981 was adopted by the following vote: 33 AYES: Elstro, Williams, Ahaus, Welch, Parker, Carter, Paust, .Mills (8) 34 NOES: None (0) 35 ABSENT: Hankinson 36 37 ORDINANCES ON 2ND READING 38 39 The Clerk read on second reading Ordinance No.. 49-1981 - AN ORDINANCE 40 TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES 41 IN THE FACILITIES OFDTHE RICHMOND SANITARY DISTRICT OF THE CITY OF 42 RICHMOND, INDIANA TO.BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF 43 THE CITY OF RICHMOND, INDIANA. 44 45 Chairman of the Committee of the Whole. Rick Ahaus announced his Com- 46 mittee met twice concerning Ordinance No. 49-1981. He noted there was 47 little input from the public, other than the Messrs. Brantner. Concerns 48 were expressed as to how the charges- should be done and 'some people are 49 saying charge the people for what they use so those who use more will 50 have to pay more. Chairman Ahaus presented a letter from Mr. Dick 51 Wedding, Richmond Plating Company, dealing with the water usage and the 52 discharge usage of several of Richmond's major employers. 53 54 President Mills noted Mr. Myron Frasier of Umbaugh & Associates, who 55 are the consultants, is ill and will not be here. 56 57 President Mills announced Ordinance No. 49-1981 is on public hearing 58 and called on Mr. John Helmich, Chairman of the Board of Sanitary 59 Commissioners, to give a review and update of the, Ordinance. Mr. 60 Helmich stated that in 1977 the State Board of Health found the 61 Sanitary District in violation of their discharge permit for the 62 sewage treatment works. To attain the level of wastewater treating 63 systems to meet the discharge permit, it was necessary to (1) renovate 64 and rehab the syst,em's sewage treatment works and increase its Common Council Minutes Cont'd. November 2, 1981 Page 4 1 capability to treat sewage and (2) separation of the storm water from the 2 . sanitary sewer. Federal funds were obtained-for, this project and one of 3 the conditions for the funds was that a user charge would be installed. 4 Sanitary District Resolution No. 7 has been given to the Council to 5 incorporate in their Ordinance... Two (2) major concerns came from the 6 Committee of the Whole meetings. One is the house count and Brantners 7 and representatives of the Sanitary District were to. get together and 8 come to a meeting of the minds.,as to the house count. They agree on 9 the physical count of structures, the difference in total count being 10 caused by multi-family dwellings, shopping centers, etc. The other 11 concern was the actual rates. Sanitary Resolution No. 7 called for a 12 $5.40 basic charge for a 5/8 _ 3/4 inch meter size and $.82 charge per 13 1,000 gallon used per month. Following discussion at the Committee of 14 . the Whole it was suggested the base rate be $3.50 and per 1 ,000 gallon 15 rate $1.27. Mr. Frasier has reviewed these figures and recommends the 16 gallon rate be $1.03 if the base rate is changed to $3.50. 17 18 Councilman Welch presented the following figures: At $3.50 per month 19 the revenue would be $552,132.00 and using $1 .03 for the flow rate per 20 1,000 the revenue would be $1,552,792.00. The remaining figures in Mr. 21 Frasier's-report were not changed, so the total income for the Sanitary 22 District would be $2,.915,189.00 or a favorable variance above their 23 needed income projections of $16,861.00. 24 25 .Councilman Welch offered an amendment to the Resolution and to the 26 Ordinance for a base rate of $3.50 per 'month ,and for the flow rate of 27 $1.03 per 1,000 gallon. In the proposed amendment we would be .inserting 28 in the Class I user charge $.73 and debt service $.30 for a total of 29 ' $1.03 per 1,000. In the base rate of the Resolution the proposal for 30 5/8-3/4 inch user charge $1.84 and debt service stay at $1.66 for a 31 total of $3.50. President Mills seconded the motion. 32 , 33 Councilman Ahaus stated $1.01 would put it at the right amount. 34 Councilman Williams stated he feels he is forced to accept something 35 which he doesn't want to accept. He stated he feels the citizens nor 36 Council have a real choice. Councilman Carter stated he feels more 37 money is going to be generated in this amendment than was originally 38 asked for. He stated he would like to see them have $300,000 less than 39 they asked for as there is that much padding in their budget. He feels 40 there are more users than they are estimating.which will generate at 41 least $300,000 more than shown in the budget. 42 43 Councilman Welch said he will offer as a second proposal that Article 44 No. VII be amended to read that there be a.review after the first year 45 to determine that the rates we do establish by enacting this Ordinance 46 are in fact generating the revenues and not exceeding the projections 47 of the Sanitary Department. He suggested this..review be timed to 48 budget preparation time. of 1982. 49 50 Mr. Helmich-stated the District is in a transition period now and it 51 is hoped this projection will be good until construction is completed. 52 It will be three (3) or four (4) months before this charge will go on 53 line. The figures in 1982 and 1983 will still be during the transition 54 period. The figures in 1984 should be more realistic. 55 56 In response to a request for a legal opinion from Councilman Carter, 57 City Attorney Ed Anderson stated the Statute does provide that not only 58 by this Ordinance do you set or approve these rates now but you have the 59 right that if there is any change in these rates, they must be approved 60 by the Council, so if any change in rates would come about, if you want 61 a review of them, I'm sure it's inferred that you can ask for a review 62 before the rates are in any way changed. He further stated that is one 63 section of the Ordinance that disturbs him that no changes can be made 64 without the approval of the Council. 171 Common Council Minutes Conttd. November 2, 1981 Page 5 1 The President asked the Clerk to take the roll for the proposed amend- 2 ment on the rate. The following was recorded: Ayes: . Elstro, Williams, 3 Ahaus, Welch, Parker, Paust and Mills. Noes: Carter. The vote being 4 seven (7) to one (1) in favor of passage of the amendment. 5 6 President Mills asked if anyone wished to speak against this Ordinance. 7 Speaking against Amended Ordinance No. 49-1981 were Mr. Edward Brantner III 8 952 So. 17th Street, stating he is still not sure of the head count that 9 is being used. Councilman Welch stated -the 5/8-3/4 usage figure is 10 13,146. Councilman Carter, predicted a $300,000 to $500,000 in surplus 11 monies. Also speaking against this Ordinance were Mr. Paul Stiner, 6040 12 National Road East, who owns two mobile home parks; Mr. J. C. Phillips, 13 1210 No. "A", owner of six apartment buildings; Mr. Clarence Downs, 206 14 No. 9th; and Mr. Richard Wedding, R.R. 1 , Centerville, Richmond Plating, 15 who recommended a meeting with industry as to the rates. Complaints 16 were aired as to the charge .;being on figures from the Water Company, 17 who only reads the meter every three months and sends estimates the 18 remainder of the time. Councilman Carter predicted another $400,000 19 - surplus monies from industry. 20 21 Councilman Welch moved to amend Section VII in the third paragraph that 22 begins "thereafter on a biennial basis" insertion of "except for one (1) 23 year after commencing of the user charge that there be a one (1) year 24 review by Council of the income and revenue of the Sanitary District 25 under the rates approved in this Ordinance", seconded by Councilman 26 ' Paust. Councilman Ahaus asked..if Council could change the Resolution 27 of the Sanitary District which isa part of this Ordinance. City 28 Attorney Ed Anderson stated the Resolution is incorporated and made part 29 of the Ordinance; therefore, Council can change the Resolution as well 30 as the body-of the Ordinance because it is incorporated by reference. 31 It was noted Council has, under this Ordinance, ,the power to raise or 32 lower the rate. On unanimous voice vote the motion was carried. 33 34 City Attorney Ed Anderson suggested Council- insert the words "as amended" 35 in Clause 3 _of Ordinance No. 49-1981. Councilman Welch so moved, 36 seconded by Councilman Ahaus and on unanimous voice vote the motion 37 was carried. 38 39 Councilman Welch moved to engross Amended Ordinance No. 49-1981, 40 seconded by Councilman Williams and on a call of the roll the following 41 was recorded: Ayes: Elstro, Williams, Ahaus, Welch, Parker;-Paust and 42 Mills. Noes: Carter. The vote being seven (7) to one (1) in favor of 43 passage of the engrossment. 44 45 Councilman Ahaus noted Section 10 of the Ordinance, as well as the 46 Resolution, should be amended as it refers to a biennial review. City 47 Attorney Anderson agreed that 10 should be amended and, even though the 48 Ordinance has been engrossed, this is a technical matter and not adding 49 a new subject matter it would be proper that the Chair recognize that 50 it could be amended to agree with what previously has been done. 51 President Mills- stated he recommend this be done on unanimous consent 52 of the Council. There being no dissenters, Councilman Ahaus so. moved, 53 seconded by Councilman Welch and on unanimous voice vote the motion 54 was carried. 55 56 SET COMMITTEE OF THE WHOLE FOR REVIEW OF ORDINANCE NO. 54-1981 57 58 Chairman Ahaus set Monday, November 9 at 7:00 p.m. in the Board of 59 Works Room to review Ordinance No. 54-1981. 60 61 ORDINANCES ON 2ND READING 62 63 ORDINANCE NO. 77-1981 172 Common Council Minutes Cont'd. November 2, 1981 Page 6 1 The Clerk read on second reading Ordinance No. -77-1981 - AN ORDINANCE 2 TO APPROPRIATE WITHIN THE. GENERAL FUND. 3 4 City Attorney Ed Anderson examined the proof of publication for Ordinance 5 No. 77-1981 and found it to be in order. Councilman Welch moved the 6 -proof be acceptedand placed on file, seconded by Councilman Ahaus and 7 on unanimous voice vote the motion was carried. 8 9 President Mills announced Ordinance No. 77-1981 .is on public hearing. 10 11 There being no one speaking for or against this Ordinance, Councilman 12 Welch moved for engrossment, seconded by Councilman Williams and on 13 unanimous voice vote the motion was carried. 14 15 Councilman Welch moved to suspend the rules and read Ordinance No. 77-1981 16 on third and final reading by title only, seconded by Councilman Williams 17 and on unanimous voice vote the motion was carried. 18 19 The Clerk read on third reading by title only Ordinance No. 77-1981. 20 21 Ordinance No. 77-1981 was adopted by the following vote: 22 AYES: Elstro, Williams, Ahaus, Welch, Parker, Carter, Paust, Mills (8) 23 NOES: None - (0) 24 ABSENT: Hankinson 25 26 ADJOURNMENT 27 - 28 There being no further business on motion duly made, seconded and passed 29 the meeting was adjourned. 30 31 Kenneth Mills 32 President 33 : 34 ATTEST: JoEllen Trimble 35 City Clerk