Loading...
HomeMy Public PortalAbout11-18-1991 .55 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. NOVEMBER 18, 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on November 18, 1991 at the 2 hour of 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following 3 Councilmembers present: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust. 4 Absent: None. Representatives of the following media were in attendance: WON CABLE 16, 5 WKBV/WFMG,WHON/WOLK and Palladium Item. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 APPROVAL OF CORRECTED MINUTES OF NOVEMBER 4, 1991 12 13 President Hutton noted that Page 2, line 19 needed to be corrected to reflect "Democrat" by political 14 affiliation. 15 16 Councilmember Brookbank moved to approve the minutes of the previous meeting as corrected, seconded 17 by Councilmember McBride and on unanimous voice vote the motion was carried. 18 19 COMMUNICATIONS FROM THE MAYOR 20 21 Mayor Frank Waltermann congratulated the Richmond High School football team for their successes in 22 going to the Regional Tournament. 23 24 Mayor Waltermann informed Council that he had been working with Mayor Elect Cornett for a smooth 25 transition of the administration. He introduced Mr. Cornett and congratulated the winners in the recent City 26 election. 27 28 WELCOME OF GUESTS 29 30 President Hutton welcomed the students from Mr.Zinkens classes at Richmond High School. 31 32 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS 33 34 None were presented. 35 36 REPORTS FROM CITY DEPARTMENTS 37 38 None were presented. 39 40 REPORTS FROM OTHER OFFICES 41 42 None were presented. 43 44 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 45 46 Ms. Carrie Hauptstueck informed the Council that the Board had received a petition for a Smoke Free 47 Workplace and invited input from the Council. 48 49 Councilmember Brookbank thanked Ms. Hauptstueck for the cooperation between the State and Sanitary 50 District in getting the problem with the Sanitary Sewer at South A and 17th resolved. 51 52 Councilmember Elstro asked about the Animal Sheltering specifications and the types of cages specified. 53 54 Ms. Hauptstueck said the specifications were written as a joint effort of Purchasing,the Board, City Attorney, 55 and the Animal Control Officer. She said they were designed after the United States Humane Society 56 guidelines. 57 58 Councilmember Elstro asked for a copy of the specifications. 59 60 Councilmember Parker asked about traffic control on National Road West and Ms. Hauptstueck said the 61 information the State requested was forwarded to them. 62 63 Councilmember Morris asked about the 16th and East Main traffic markings and Mr. Wiwi reported that he 64 has contacted the State and will continue to follow up on the request. 65 66 56 Common Council November 18, 1991 Page 2 1 REPORTS FROM SPECIAL COMMITTEES 2 3 None were presented. 4 5 REPORTS FROM STANDING COMMITTEES 6 7 Reid Hospital 8 9 Councilmember Brookbank reported she had attended a Financial Management session today. 10 11 REPORTS FROM SPECIAL COUNCIL COMMITTEES 12 13 None were presented. 14 15 MISCELLANEOUS BUSINESS 16 17 Police Merit Commission 18 19 President Hutton announced that the Council still did not have an appointment to the Police Merit 20 Commission and they would need to do that at the next meeting since the Merit Commission meets on the 21 second Tuesday of the month. 22 23 RESOLUTIONS 24 25 Councilmember Brookbank moved to suspend the rules and read Resolutions No. 26 and 27-1991 by title 26 only, seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 27 28 RESOLUTION NO. 26-1991 29 30 The Clerk read by title only Resolution No. 26-1991 -A RESOLUTION CONCERNING THE ISSUANCE OF 31 ECONOMIC DEVELOPMENT BONDS. 32 . . 33 Mr. Kent Klinge,Attorney at Law, represented the Resolution for the applicant,Sanko Peterson Corporation. 34 Mr. Klinge informed Council this was the standard inducement for 3,000,000.00 financing for a 32,000 square 35 foot manufacturing facility. He stated the industry would have 17 semi-skilled jobs with a payroll of 36 480,000.00 annually. 37 38 Mr. Klinge reminded the Council that the economic development bonds place no burden on the taxpayers 39 and the Economic Development Commission had adopted their resolution finding no adverse impact. 40 41 There being no further questions or comments, Councilmember Elstro moved for adoption, seconded by 42 Councilmember Hankinson and on unanimous voice vote the motion was carried. 43 44 RESOLUTION NO. 27-1991 45 46 The Clerk read by title only Resolution No. 27-1991 -A RESOLUTION APPROVING THE STATEMENT OF 47 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT 48 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION 49 AREAS IN THE CITY OF RICHMOND, INDIANA. 50 51 Councilmember Parker reported that all standards were met the Committee recommended approval. 52 53 There being no questions or comments, Councilmember Morris moved for adoption of Resolution No. 54 27-1991,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 55 56 ORDINANCES 57 58 ORDINANCES ON FIRST READING 59 60 Councilmember Elstro moved to suspend the rules and read on first reading by title only Ordinance No. 65, 61 66, 67, 68, and 69-1991, seconded by Councilmember Brookbank and on unanimous voice vote the motion 62 was carried. 63 64 65 66 57 Common Council Minutes Con't November 18, 1991 Page 3 1 ORDINANCE NO.65-1991 2 3 The Clerk read on first reading by title only Ordinance No.65-1991 -AN ORDINANCE TO REDUCE WITHIN 4 THE FIRE PENSION FUND. 5 6 Councilmember Morris moved to suspend the rules and move Ordinance No. 65-1991 to second reading, 7 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 8 9 The Clerk read Ordinance No.65-1991 on second reading. 10 11 President Hutton announced the Ordinance was on public hearing. 12 13 Ms. Sweet explained to the Council that this reduction ordinance was a part of the budget process bringing 14 us closer to the maximum levy and the funds were left from employees not retiring. 15 16 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on 17 unanimous voice vote the motion was carried. 18 19 Councilmember Lundy moved to suspend the rules and move Ordinance No. 65-1991 to third and final 20 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 21 motion was carried. 22 23 The Clerk read the ordinance on third and final reading by title only. 24 25 Ordinance No. 65-1991 was adopted on the following call of the roll: 26 27 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 28 Nays: None 29 30 ORDINANCE NO.66-1991 31 32 The Clerk read on first reading by title only Ordinance No. 66-1991 -AN ORDINANCE TO REDUCE WITHIN 33 THE POLICE PENSION FUND. 34 35 Councilmember Morris moved to suspend the rules and move Ordinance No. 66-1991 to second reading, 36 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 37 38 The Clerk read Ordinance No.66-1991 on second reading. 39 40 President Hutton announced the Ordinance was on public hearing. 41 42 Ms. Sweet explained to the Council this was the same as the Fire Pension reduction. 43 44 Councilmember Elstro moved for engrossment, seconded by Councilmember Brookbank and on unanimous 45 voice vote the motion was carried. 46 47 Councilmember Morris moved to suspend the rules and move Ordinance No. 66-1991 to third and final 48 reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote the motion 49 was carried. 50 51 The Clerk read the ordinance on third and final reading by title only. 52 53 Ordinance No. 66-1991 was adopted on the following call of the roll: 54 55 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 56 Nays: None 57 58 TRANSFER ORDINANCE NO.67-1991 59 60 The Clerk read on first reading by title only Ordinance No. 67-1991 - AN ORDINANCE TO TRANSFER 61 WITHIN THE GENERAL FUND. (FIRE DEPARTMENT) 62 63 Councilmember Morris moved to suspend the rules and move Ordinance No. 67-1991 to second reading, 64 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. 65 Common Council Minutes Cont'd November 18, 1991 Page 4 1 The Clerk read Ordinance No. 67-1991 on second reading. 2 3 President Hutton announced the Ordinance was on public hearing. 4 5 Chief Sticco informed Council this transfer was to cover a rate increase by the water company for hydrant 6 rental. He said this would come from the equipment account and would cover the cost the remainder of this 7 year. 8 9 Councilmember Parker asked how many hydrants were in the City and Chief Sticco said there were 912. 10 11 There being no further comment, Councilmember Brookbank moved for engrossment, seconded by 12 Councilmember Elstro and on unanimous voice vote the motion was carried. 13 14 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 67-1991 to third and final 15 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 16 motion was carried. 17 18 The Clerk read the ordinance on third and final reading by title only. 19 20 Ordinance No.67-1991 was adopted on the following call of the roll: 21 22 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 23 Nays: None 24 25 TRANSFER ORDINANCE NO.68-1991 26 27 The Clerk read on first reading by title only Ordinance No. 68-1991 - AN ORDINANCE TO TRANSFER 28 WITHIN THE GENERAL FUND. 29 30 Councilmember Morris moved to suspend the rules and move Ordinance No. 68-1991 to second reading, 31 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 32 33 The Clerk read Ordinance No. 68-1991 on second reading. 34 35 President Hutton announced the Ordinance was on public hearing. 36 37 Ms. Sweet informed Council this was to cover street lights for the balance of the year and requested Council 38 to amend the ordinance by deleting the 9,500.00 from the Police Merit Commission. She said they had 39 another unexpected expenditure and had need for the money in their budget. 40 41 Councilmember Morris moved to amend Ordinance No. 68-1991 by deleting the transfer from the Police 42 Merit Commission and reducing the transfer to 46,500.00, seconded by Councilmember Brookbank and on 43 unanimous voice vote the motion was carried. 44 45 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on 46 unanimous voice vote the motion was carried. 47 48 Councilmember Morris moved to suspend the rules and move Ordinance No. 68-1991 to third and final 49 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 50 motion was carried. 51 52 The Clerk read the ordinance on third and final reading by title only. 53 54 Ordinance No.68-1991 was adopted on the following call of the roll: 55 56 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 57 Nays: None 58 59 TRANSFER ORDINANCE NO.69-1991 60 61 The Clerk read on first reading by title only Ordinance No. 69-1991 - AN ORDINANCE TO TRANSFER 62 WITHIN THE GENERAL FUND. 63 - 64 Councilmember Morris moved to suspend the rules and move Ordinance No. 69-1991 to second reading, 65 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. t(. Common Council Minutes Cont'd November 18, 1991 Page 5 1 The Clerk read Ordinance No.69-1991 on second reading. 2 3 President Hutton announced the Ordinance was on public hearing. 4 5 Mr. Robert Wiwi told the Council the transfer was from funds budgeted for a position not filled until 6 September and they would use the funds to upgrade their IBM computer and a maintenance agreement for 7 the Intragraph Work Station. 8 9 Councilmember Brookbank moved for engrossment, seconded by Councilmember McBride and on 10 unanimous voice vote the motion was carried. 11 12 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 69-1991 to third and final 13 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 14 motion was carried. 15 16 The Clerk read the ordinance on third and final reading by title only. 17 18 Amended Ordinance No. 69-1991 was adopted on the following call of the roll: 19 20 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 21 Nays: None 22 23 ORDINANCES ON SECOND READING 24 25 ORDINANCE NO.48-1991 26 27 The Clerk read on second reading Ordinance No. 48-1991 - AN ORDINANCE AMENDING CHAPTER 154 28 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 111 29 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 30 PROPERTY LOCATED AT 102 SOUTH 18TH STREET, FROM R-2 SINGLE FAMILY RESIDENCE 31 DISTRICT TO R-2SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE 32 SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF A DENTAL OFFICE. 33 34 President Hutton announced the Plan Commission requested the Ordinance be stricken from the Agenda. 35 - - 36 Councilmember Morris moved to strike Ordinance No 48-1991 from the agenda, seconded by 37 Councilmember Brookbank and on unanimous voice vote the motion was carried. 38 39 ORDINANCE NO.55-1991 40 41 The Clerk read on second reading Ordinance No. 55-1991 - AN ORDINANCE VACATING CERTAIN 42 UTILITY EASEMENT LOCATED ON PROPERTY IN THE 1800 BLOCK OF SOUTH I STREET AND 43 ALONG THE COMMON LOT LINES OF LOTS 43, 44, 45 AND 46 IN THE REPLAT OF THE FAIRFIELD 44 PARK FIRST ADDITION. 45 46 President Hutton announced the Ordinance was on public hearing. - 47 48 There being no one addressing the ordinance, Councilmember Elstro asked Mr. Dooley to report on the 49 condition of other property owned by the petitioner. 50 51 Mr. Dooley reported to the Council that he had spoken with Mr.Jennings'agent about the South 10th Street 52 property and he indicated he planned to go forward with the repairs to the structure and have them 53 completed within 60 days. He was also assured the debris would be cleaned up and the structure was 54 secured. 55 56 Councilmember Elstro announced he still intended to hold this ordinance on second reading until he could 57 get a good answer since the structure was not secured nor cleaned up. 58 59 The Ordinance was held on second reading. - 60 61 ORDINANCE NO. 58-1991 62 63 The Clerk read on second reading Ordinance No. 58-1991 - AN ORDINANCE AMENDING CHAPTER 96 64 OF THE RICHMOND CITY CODE REGARDING STREET EXCAVATIONS. 65 Common Council Minutes Cont'd November 18, 1991 Page 6 1 Councilmember McBride said he had met with the gas and water utilities regarding the proposed ordinance 2 and both were represented in the audience and have suggestions and proposed amendments for the 3 ordinance. 4 5 Councilmember McBride said the utilities have proposed using#53 stone as backfill, allowing the use of cold 6 mix temporarily, allowing reporting time be extended for emergency cuts and the penalty be 100.00 for the 7 first offense and 300.00 for additional offenses. 8 9 Councilmember McBride said they also suggested the Street Department prepare a plan for paving that 10 could be provided to them for advance notice. 11 12 President Hutton announced the ordinance was on public hearing. 13 14 Mr. Harry Garrison, representing Indiana Gas, went over the proposed amendments. He said the use of#53 15 stone makes it better for tamping. Mr. Garrison also explained they were opposed to the City closing and 16 resurfacing the excavations and felt this burden should be on the utilities with a year's maintenance 17 responsibility and if the City made the repairs who would then be liable for the maintenance. 18 19 Mr. Garrison stated that they should be allowed a temporary repair and if hot mix is available it should be 20 repaired immediately,but 30 days should be allowed on a temporary repair if materials are not available. 21 22 Mr. Garrison felt the penalty should be 100.00 for the first offense and 300.00 for each additional offense. 23 He addressed the Street Department sharing their plans with the utilities and the advantage in such 24 instances as raising and lowering manholes prior to the paving. Mr. Garrison said on emergency repairs, 25 they felt they should be allowed 48 hours to notify the City so they can correct emergency problems when 26 they arise. 27 28 Mr. Garrison said he has also spoken with Mr. Wiwi about the cut permits being issued in blocks and with 29 color coding it would be easy to identify who was the responsible party. 30 31 Councilmember Parker expressed concern over taking out the language that the City could correct a problem 32 and recover the costs from the utilities. He felt this language should remain in the ordinance. 33 34 Mr. Garrison said he was familiar with the fact that other cities were trying to get away from doing any 35 paving. He said they contract the paving out and he preferred the City would take the utility to task in 36 another form and the only reason they should be delayed on a permanent repair would be during the cold 37 months. Mr. Garrison told Council that the newly formed Utility Committee will be a great assistance in this 38 problem. 39 40 Councilmember Parker said without that language it would still leave the city in a lurch and no recourse to 41 recover costs. 42 43 Mr.Garrison told Council that they are responsible for the maintenance of a temporary repair at all times until 44 the permanent repair can be made and then they assume responsibility for that for one year. 45 46 Councilmember Morris asked who was responsible for any liability for damages if the cut was not repaired 47 properly and Mr.Metzger said the utility company, but the City would also be held responsible. 48 49 Councilmember Morris said their concerns were damages caused by the cuts and the City could not afford to 50 lose the quality of its streets over and over again. 51 52 Mr.Garrison stated the utilities did not want their lines under pavement and prefer to do them along the curb 53 line. He said if legal action is taken, the utility would be named and the City be enjoined and he was not 54 certain how to get away from that liability. 55 56 Councilmember Parker asked if Mr. Metzger has a change to look at the proposed amendments and Mr. 57 Metzger indicated he did not have sufficient time to look over the proposed changes. 58 59 Mr. David Brook, Indiana American Water Company, told Council that Mr. Garrison had represented the 60 utilities well and he agreed with the Utility Committee there would be increased communication and reduced 61 problems. Mr. Brook did inquire how the 52 week rule for maintenance would apply if the City did the 62 repairs. 63 64 Mr. Metzger said the City would assume the responsibility when they did the repairs. 65 66 Councilmember Lundy expressed concerns that if the City alleviates the utilities of the responsibility of filling the cuts by filling them,then the utilities may never fill one. 9 Common Council Minutes Cont'd November 18, 1991 Page 7 1 Councilmember Parker commented that the City would bill for the costs and if would be more expensive if 2 we did the repairs. 3 4 Councilmember McBride reminded the Council of the shortage of manpower in the Street Department and 5 we would have to add personnel to maintain the utility cuts. 6 7 Mr. Wiwi addressed the Council regarding the proposed amendments and he said the concern with the 8 proper fill was to make certain the materials would not settle. He told Council he agreed that many of the 9 problems would be addressed with the Utility Committee and good communication. Mr.Wiwi said if Council 10 would continue to make three year funding commitments for streets, then they would be able to share that 11 plan with the utilities, but would certainly be able to provide an annual plan. 12 13 Mr.Wiwi did request that Council not relax this ordinance to make it less stringent that the ordinance already 14 on the books. 15 16 Councilmember Brookbank felt the City Attorney should have proper time to look at the proposed 17 amendments and suggested it be held on second reading. 18 19 President Hutton announced the ordinance would be held on second reading. 20 21 Councilmember Elstro asked that RP&L and the Sanitary District also be consulted. 22 23 ORDINANCENO.62-1991 24 25 The Clerk read on second reading Ordinance No. 62-2991 - AN ORDINANCE AMENDING CHAPTER 154 26 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 27 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 28 PROPERTY GENERALLY BOUND BY INTERSTATE 70, SALISBURY ROAD, GAAR JACKSON ROAD 29 AND ROUND BARN ROAD NORTH, FROM A-1 AGRICULTURAL DISTRICT TO M-2 GENERAL 30 INDUSTRIAL DISTRICT. 31 32 President Hutton announced the Ordinance was on public hearing. 33 34 Mr.James Kinnett, Economic Development Director, told Council with this rezoning they were attempting to 35 address needs for future growth for industry. He said there is very little land in other areas for viable growth 36 and this will develop specific plans for future growth. 37 38 Mr. Kinnett stated that they have a verbal commitment from the State that property would be available on a 39 case by case basis for development. He said the rezoning would change the property to taxable, tax 40 generating property. 41 42 Mr. Kinnett stated that the City needed to look at the future and not address needs after the fact, but rather 43 standardize the process for future development. 44 45 Councilmember McBride asked if any access to Interstate 70 would be the responsibility of the State and Mr. 46 Kinnett said that was correct and any interstate interchange would take from 8 to 10 years to complete and 47 would be approved at the federal level. He said this issue has been looked at they will continue to follow up 48 on it. 49 50 Councilmember McBride asked if it was true that the revenue from the rental of the grounds went to the local 51 State Hospital and Mr. Kinnett said he understood that it goes to the local facility for general fund revenue. 52 53 Councilmember Morris asked about the developer and Mr. Kinnett said this was the City of Richmond 54 looking at future development plans. 55 56 Councilmember Morris asked about site preparation and environmentally sound development. 57 58 Mr. Kinnett said they had been notified by the Department of Natural Resources of the existance of 9 areas 59 of wet land that would have to be addressed, but none of them existed on the southern portion of the 60 property. - 61 62 Mr. Kinnett stated that most of the area to the south of this property is already zoned M-2 and many existing 63 uses in the area are compatible with M-2. He said this would allow uses of this property to be monitored and 64 developed properly. - 65 Common Council Minutes Con't November 18, 1991 Page 8 1 Councilmember Morris said she would be interested to see if the property were suitable for industrial use 2 without major damage to the environment. 3 4 Mr. Kinnett stated that they had not done a major environmental review yet. 5 6 Ms.Shirley Rogers, 890 Hidden Valley Lane, representing the Wayne County Resource Council,told Council 7 that the area has natural resource issues that need to be considered. She said it was prime farm land and 8 there were 7 to 9 wetlands to be considered. Ms. Rogers said this zoning change was introduced when a 9 low impact industry was being considered and now the rezoning is being done as a blanket rezoning and 10 should be reconsidered. 11 12 Mr. Dooley informed Council that the Plan Commission had discussed the issues of the wetlands and they 13 will not preclude industrial development or affect the rezoning. He said they were not large areas and any 14 development will have to be made in concert with the wetlands. Mr. Dooley added that the Master Plan 15 identified the north west areas of the City of Richmond for industrial use and this area has frontage on 16 Interstate 70 and has the only railroad line servicing the City of Richmond. 17 18 Speaking in opposition was Mr. Don Eliason. Mr. Eliason introduced himself to Council as a farmer in the 19 area and asked that the land be left alone. He informed Council that the O'Brien Ditch would not handle 20 industrial development. Mr. Eliason told Council that he had spoken with Ms. Christine Letz of the State and 21 she informed his this land would not be free to the City of Richmond. Mr. Eliason asked that the City stay in 22 Wayne Township for development until they use what is available there. 23 24 Mr. Phil Bright, 1854 West Grove Road,told Council he was not anti-job or economic development. He said 25 he understood the need for industrial development, but also understood the need for responsible industrial 26 development. Mr. Bright said the City and County have been irresponsible with their tax abatements and he 27 felt it was unwise to continue development in other parts of the County. 28 29 Mr. Bright stated that the O'Brien Ditch was not able to be used as a drainage ditch and during the County 30 Master Plan meeting many people expressed the need to keep 1-70 frontage open as a rural gateway into 31 the County. Mr. Bright agreed that areas in Wayne Township that are vacant need to be used for industrial 32 development. 33 34 Mr. Bright said if the property is annexed into the City it will extend the two mile fringe jurisdiction to 1-70 and 35 Centerville Road and this is unquestionably wrong. 36 37 Ms. Linda Wallace, 2347 Salisbury Road North, told Council they have been fighting drainage problems for 38 years because it comes across the road and into their houses. She said they moved where they live 39 because they wanted country living and have first class homes. Ms. Wallace said there is plenty of vacant 40 property on the east side that should be used first. 41 42 Mr. Bob Thomas, 2339 Salisbury Road North,told the Council he agreed with Ms.Wallace. He said he has 43 seen businesses leave the area and there are properties available for industrial development. Mr. Thomas 44 asked the members of Council if they would want an industrial complex in their back yard. 45 46 Ms. Marcia French, 3502 College Corner Road, said she too understood the need for economic 47 development, but has a problem with a blanket rezoning in Center Township. She said they have severe 48 water problems in the area and the ditch is for rural drainage and not industrial. 49 50 Ms. French asked how homeowners would be protected for their investment in their home and she felt the 51 City needed to slow down with the zoning and get some legitimate plans made first. 52 53 There being no further discussion, Councilmember Elstro moved for engrossment, seconded by 54 Councilmember Parker and on unanimous voice vote the motion was carried. 55 56 Councilmember Elstro moved to suspend the rules and move Ordinance No. 62-1991 to third and final 57 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 58 motion was carried. 59 60 The Clerk read the ordinance on third reading by title only. 61 62 Ordinance No.62-1991 was adopted on the following call of the roll: 63 64 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Paust (7) 65 Nays: Morris and Hutton (2) 6.1 Common_CounciLMinutes Cont'd Novem e�S8,1-991 Page 9 1 ORDINANCE NO.64-1991 2 3 The Clerk read on second reading Ordinance No. 64-1991 - AN ORDINANCE ESTABLISHING AN 4 ENFORCEMENT AID FUND,A NON-REVERTING FUND. 5 6 The Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept 7 and file the Proof of Publication, seconded by Councilmember Brookbank and on unanimous voice vote the 8 motion was carried. 9 10 President Hutton announced the Ordinance was on public hearing. 11 12 Chief Rice explained to the Council the fund was for forfeited property from the Federal Drug Enforcement 13 Agency and they were expecting 20,000.00 in the near future. He said these funds could not go into the 14 general fund, but had to be specified for law enforcement. 15 16 There being no further questions, Councilmember Elstro moved for engrossment, seconded by 17 Councilmember Hankinson and on unanimous voice vote the motion was carried. 18 19 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 64-1991 to third and final 20 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 21 motion was carried. 22 23 The Clerk read the ordinance on third and final reading by title only. 24 25 Ordinance No. 64-1991 was adopted on the following call of the roll: 26 27 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 28 Nays: None 29 30 31 ORDINANCES ON THIRD READING 32 33 None were presented. 34 35 ORDINANCES STRICKEN FROM THE AGENDA 36 37 ORDINANCE NO.76-1990 38 39 AN ORDINANCE TO ESTABLISH A DEPARTMENT OF STORM WATER MANAGEMENT. 40 41 ORDINANCE NO.23-1991 42 43 AN ORDINANCE AMENDING ORDINANCE 73-1983,AS AMENDED. 44 45 Councilmember Brookbank moved to strike Ordinance No. 75-1990 and Ordinance No. 23-1991 from the 46 agenda,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 47 48 ORDINANCE BROUGHT FROM THE TABLE 49 50 ORDINANCE NO.6-1990 51 52 Councilmember Brookbank moved to bring Ordinance No. 6-1990 from the table and place it on second 53 reading at the regular meeting of Council on December 2, 1991, seconded by Councilmember Hankinson 54 and on unanimous voice vote the motion was carried. 55 56 ADJOURNMENT 57 58 There being no further business, on a motion duly made, seconded and passed, the meeting was 59 adjourned. 60 61 62 63 64 Sarah Hutton, President 65 ATTEST: Mary Merchanthouse, City Clerk 62