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