HomeMy Public PortalAbout10-07-1996 5_3
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oROCEEDINGS OF THE COM
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The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m.Monday, October
7, 1996, in the Council Chambers in said City. President Geneva "Gene"Allen presided with the following
Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally"" Hutton, Robert
Dickman,Alan Stamper, Bing Welch and Larry Parker.The following business was had to-wit:
. PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILMEMBER STAMPER
10 ROLL CALL
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1 Nine present.
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1 APPROVAL OF MINUTES
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1, No minutes were available for approval.
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1= PRESENTATIONS.MEMORIALS.REMONSTRANCES.INTRODUCTIONS.MOTIONS. RESOLUTIONS
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2(1 State Rep. Richard Bodiker presented two letters signed by Governor Evan Bayh acknowledging the
2 $180,000 for the City's aviation program and$67,000 for the completion of the baseball project. He stated
2. that these funds had been previously approved by the State Budget Committee and local government using
2, funds from Build Indiana that the City could not ordinarily use budget money for.He explained that this is not
2, new money but is just replenishing the money used on the project. He presented the letters to Clerk Norma
2' Schroeder.
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2 COMMUNICATIONS FROM THE MAYOR
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2• In the absence of Mayor Dennis Andrews, City Attorney Bob Bever said he had nothing but the handouts
3; distributed to Councilmember prior to the meeting..
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3. REPORTS FROM DEPARTMENT HEADS
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3, REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
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3; REPORTS FROM STANDING COMMITTEES
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3: REPORTS FROM SPECIAL COMMITTEES
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4; REPORTS FROM ORGANIZATIONS
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4- MISCELLANEOUS BUSINESS
4•! ORDINANCES
4z ORDINANCES ON FIRST READING
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4- Councilmember Lundy moved to suspend the rules and read Ordinances No. 101 by title only, and 103 and
4• 104 in entirety,second by Councilmember Hutton,and the motion was carried on a unanimous voice vote.
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51 ORDINANCE NO.101 -1996
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53 The Clerk read Ordinance No. 101 - 1996 - AN APPROPRIATION ORDINANCE AMENDING THE 1996
5, BUDGET
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56 Fire Chief Mike Allen explained this ordinance is a transfer of funds from three different categories all within
5 ' the same line items to cover the additional overtime needs for the department. Councilmember Parker asked
58 about the $10,000 from hydrants and Chief Allen responded that the original appropriation was $500,000
59' and the expenditures for the remainder of the year do not add up to that.
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61 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 101 - 1996 to second
62 reading and read by title only, second by Councilmember Parker and the motion was carried on a
63 unanimous voice vote.
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65 The Clerk read Ordinance No. 101 -1996 on second reading.
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Common Council Minutes Cont'd
October 7, 1996 •
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1 President Allen declared Ordinance No. 101 - 1996 on public hearing. There being no comments either f•r
2 or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton
3 and the motion was carried on a unanimous voice vote.
4
5 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 101 - 1996 to third and fi al
6 reading and read by title only, second by Councilmember Parker and the motion was carried on 'a
7 unanimous voice vote.
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9 The Clerk read Ordinance No. 101 -1996 on third reading.
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11 Ordinance No. 101 -1996 was adopted on the following call of the roll:
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13 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9)
14 Nays:None
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16 ORDINANCE NO.103-1996
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18 The Clerk read Ordinance No. 103-1996- AN APPROPRIATION ORDINANCE AUTHORIZING THE CI
19 OF RICHMOND TO RECEIVE A DONATION
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21 "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a speci is
22 purpose and
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24 "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of su
25 property for the intended purpose,
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27 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that a
28 donation of $1,950 from Richmond Power and Light to be used for the purchase of tree transplanti g
29 equipment, is hereby accepted and gratefully acknowledged by the citizens of Richmond."
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31 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 103 - 1996 to seco 'd
32 reading and read by title only, second by Councilmember Parker and the motion was carried on a
33 unanimous voice vote.
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35 The Clerk read Ordinance No. 103-1996 on second reading.
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37 City Controller Shelley Miller expressed appreciation and acknowledged the receipt of the donation of t 'e
38 tree transplanting equipment from RP &L.
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40 President Allen declared Ordinance No. 103- 1996 on public hearing. There being no comments either for
41 or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmemb-r
42 Hutton and the motion was carried on a unanimous voice vote.
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44 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 103- 1996 to third and fin'
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45 reading and read by title only,second by Councilmember Welch and the motion was carried on a unanimo 's
46 voice vote.
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48 The Clerk read Ordinance No. 103-1996 on third reading.
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50 Ordinance No. 103-1996 was adopted on the following call of the roll:
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52 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,'Stamper,Welch, Parker and Allen(9)
53 Nays:None
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55 ORDINANCE NO.104-1996
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57 The Clerk read Ordinance No. 104- 1996 -AN APPROPRIATION ORDINANCE AUTHORIZING THE CI
58 OF RICHMOND TO RECEIVE A DONATION
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60 "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specif c
61 purpose and
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63 "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of suc
64 property for the intended purpose,
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"NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that
donation of $150.00 from Perfect Circle Credit Union to be used to offset the expenses incurred for the
Family Fun Fest held on September 15, 1996, is hereby accepted and gratefully acknowledged by the
citizens of Richmond."
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�C�bCommon Council Minutes Cont'd
haTithat 1 , 1 996 •
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1 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 104 - 1996 to second
2 readng and read by title only, second by Councilmember Welch and the motion was carried on a unanimous
3 voice vote.
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5 The Clerk read Ordinance No. 104-1996 on second reading.
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7 President Allen declared Ordinance No. 104 - 1996 on public hearing. There being no comments either for
811 or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton
9 and the motion was carried on a unanimous voice vote.
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11 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 104- 1996 to third and final
12 j reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous
131 voice vote.
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15 The Clerk read Ordinance No. 104- 1996 on third reading.
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17 Ordinance No. 104-1996 was adopted on the following call of the roll:
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19 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9)
20 Nays:None
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22 ORDINANCES ON SECOND READING
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24 ORDINANCE NO.81 -1996
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26 The Clerk read Ordinance No. 81 - 1996 -A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR
27', REAL ESTATE SOUTH OF THE WHITEWATER RIVER, IN THE 2500 BLOCK OF NEW PARIS PIKE
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29' Councilmember Wissel explained that this ordinance asks for rezoning from an M-2 General Industrial district
30! to an R-2 One Family Residential district. He said the property is located south of 2511, 2515 and 2519 New
31 Paris Pike and south of the Whitewater River in Richmond. He said the adjacent property owners were
321 notified and the legal ad was published on September 13. Councilmember Wissel said the property is located
33 within the two-mile fringe and the Plan Commission received no response from the property owners. He said
341 there was a question by one of the Commissioners who was concerned with the property zoned 0-1. He said
35 the R-2 had less frontage requirement for personal development and the home that Anderson plans to build
36 there and possibly two other homes for family members would more than meet the qualifications for the 0-1
37 zoning. He said the Plan Commission voted 7 to 3 in favor,with one absent.
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39 Attorney George Sowers said his client was present if Council wished to ask any questions. Bob Goodwin,
40 director of Planning, said he did receive a favorable response from a property owner but none against. He
41 also said that one Commissioner voting against was because of the flood plain zone and after examining the
42 maps thoroughly found it is not a problem and that satisfied his concern. Sowers said this would be an
43 extension of an already existing R-2 north of the river, adding that Anderson wishes to build his home in a
44 meadow which will have access off Elks Country Club Road.
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46 President Allen declared Ordinance No. 81 - 1996 on public hearing. There being no further comments for
47 and none against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember
48 Welch and the motion was carried on a unanimous voice vote.
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50 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 81 - 1996 to third and final
51 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
52 voice vote.
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54 The Clerk read Ordinance No. 81 -1996 on third reading.
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56 Ordinance No.81 -1996 was adopted on the following call of the roll:
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58 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9)
59 Nays:None.
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61
62 ORDINANCE NO. 88-1996
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64 The Clerk read Ordinance No. 88 - 1996 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL
65 COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1997
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Common Council Minutes Cont'd
October 7, 1996 •
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1 President Allen explained that this ordinance had its first reading September 23 and changes have been
2 made. She declared the ordinance on public hearing.
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4 City Controller Shelley Miller explained that publication for elected officials requires 30 days which means it
5 cannot be voted on until October 21.There were no comments either for or against Ordinance No. 88- 1996
6 and it was held on second reading.
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8 ORDINANCE NO,94-1996
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10 The Clerk read Ordinance No. 94 - 1996 - A GENERAL ORDINANCE AMENDING THE CITY CF
11 RICHMOND CODE TO ESTABLISH AN UNSAFE BUILDING COMMISSION
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13 Assistant City Attorney Steve Rabe explained that currently when an unsafe building order is filed against a
14 property the owner has the right to appeal to a hearing authority according to state law. However, the sta:e
15 law designates that the authority is to be appointed by the Mayor and our City Code further specifies that Is
16 the Board of Works. Rabe said we now have a situation where the President of the Board of Works is also
17 the Director of Planning, Permits and Inspections which makes a conflict of interest. Therefore, in order o
18 alleviate this problem now and in the future,this ordinance establishes the Commission.
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20 President Allen declared Ordinance No. 94- 1996 on public hearing. There being no comments either for or
21 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch
22 and the motion was carried on a unanimous voice vote.
23
24 Councilmember Welch moved to suspend the rules and advance Ordinance No. 70- 1996 to third and final
25 reading and read by title only, second by Councilmember Parker and the motion was carried on a
26 unanimous voice vote.
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28 The Clerk read Ordinance No.94-1996 on third reading.
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30 Ordinance No. 94- 1996 was adopted on the following call of the roll:
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32 Ayes: Elstro, Lundy,Wissel, Hutton,Dickman, Stamper,Welch, Parker and Allen(9)
33 Nays:None
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35 ORDINANCE NO.95-1996
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37 The Clerk read Ordinance No.. 95 - 1996 - (AMENDED) A GENERAL ORDINANCE AMENDING SECTION
38 155.04(B)OF THE RICHMOND CODE
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40 Rabe said this ordinance was discussed at a previous meeting and offered an amendment. He said upon
41 further examination of the Richmond Code, the two sections which deal with this currently states that ary
42 recommendations of the Plan Commission requires 2/3 vote of this Council to overrule. This ordinance, e
43 said, would change that so it would take a majority vote of the entire body. He said he added language o
44 clarify that further.
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46 City Attorney Bob Bever said that when it talks about overriding the Plan Commission it means it is only f r
47 the vacation or abandonment of public ways or platted, lots and does not include rezoning which is t e
48 majority of the business handled by the Plan Commission.
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50 Speaking as an elected member of the Plan Commission from the Council, Councilmember Wissel said e
51 feels the 11 members on the Commission spend the time studying this issue and it is the only area they de I
52 with and Council needs to give credit to the experience and dedication they bring to the Commission.
53 said he feels the real issue becomes more of'a political one when it is brought to Council but th
54 Commission is a good diverse group and it functions well and is less prone to emotional issues than a
55 elected body. Councilmember Hutton said this is really nothing more than what happens when the Pa,
56 Board brings something here and Council overrides it. She added that Council oversees all the Boards.
57
58 Councilmember Welch said in prior years the Code of Richmond required that an overriding vote by Coun it
59 overriding the Plan Commission required 2/3 vote and the Code was modified on zoning questions to
60 majority vote but this portion was overlooked and never changed leaving it in the Code book that th
61 requires a 2/3 vote by Council. He said he feels the Code should be changed so it is consistent so the Pla
62 Commission knows that when Council is looking at a decision of any kind like that it takes a majority vote.
63
64 President Allen declared Ordinance No. 95- 1996 on public hearing. There being no comments either for r
65 against the ordinance, Councilmember Hutton moved for engrossment, second by Councilmember Welc
and the motion was carried on a unanimous voice vote.
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Common Council Minutes Cont'd.
October 7, 1996
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1 Councilmember Parker stated that in the, letter from Rabe he mentioned an amendment. Councilmember
2 Welch moved to amend Ordinance No. 95 - 1996 pursuant to the following suggested guidelines.
3 Councilmember Hutton said the ordinance would have to be un-engrossed and withdrew her motion to
4 engross. Councilmember Welch withdrew his second and moved for engrossment of the amended
5 ordinance, second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
6
Councilmember Welch moved to suspend the rules and advance Ordinance No. 95- 1996 to third and final
reading,second by Councilmember Parker and the motion was carried on a unanimous voice vote.
10 Councilmember Dickman said although he appreciates the intent of the proposed change, the Plan
11 Commission is an appointed body of volunteers chosen to thoroughly study and hold in depth public
1 hearings. He said he feels the current requirement of a 2/3 vote is designed to protect the citizens and
1�3 preserve the integrity of the Commission. He added that he thinks the citizens are better served to leave the
1 law as it is.
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1 The Clerk read Ordinance No. 95- 1996 on third reading.
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1 Ordinance No.95-1996 was defeated on the following call of the roll:
2. Ayes:Hutton,Welch and Parker(3)
2 Nays: Elstro, Lundy,Wissel, Dickman,Stamper and Allen (6)
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2: ORDINANCE NO.102-1996
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2. The Clerk read Ordinance No. 102- 1996-AN ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO
2. ISSUE ITS "ADJUSTABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1996
2 (HOLLAND COLORS AMERICAS INC. PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT
2: THERETO
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3$ President Allen declared Ordinance No. 102- 1996 on public hearing.
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3' Michelle Smith, representing Holland Colors, stated that although the City is approving this it is not liable in
3: any way for the bond. She added that Holland Colors is responsible for ensuring the bond is paid. There
3' being no further comments for the ordinance and none against, Councilmember Wissel moved for
3. engrossment,second by Councilmember Stamper and the motion was carried on a unanimous voice vote.
3.
3 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 102- 1996 to third and final
3: reading and read by title only,second by Councilmember Wissel and the motion was carried on a unanimous
3. voice vote.
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4 The Clerk read Ordinance No. 102- 1996 on third reading.
4'
4° Ordinance No. 102-1996 was adopted on the following call of the roll:
4.
4 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9)
4. Nays:None
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4: Bever stated that the record should reflect that the amount is$2 million.
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50 ORDINANCES ON THIRD READING
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5 There were none.
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5 UNFINISHED BUSINESS
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5. Councilmember Parker commented that some time earlier in the year it was discussed that no dollar amount
5 should be given when donations were given to the City. He asked Bever to check with the State Board of
5: Accounts to see if that is legal. Bever said he would and commented that they had tried to combine
5' donations such as in the Fire Department and the justification for that is that amount went into the line item of
611 the budget.He added that is only an isolated incident but he would find out what to do.
6
6 Councilmember Stamper asked as to whether or not the Clerk could read what ordinances were held over so
6 the public would be advised as to what will be going on during the next meeting. Clerk Shroeder said that
6' would be no problem and noted that the only ordinance held over was Ordinance No. 88- 1996 dealing with
6-, the salaries of the elected city officers.
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Common Council Minutes Cont'd
Oetober996 •
Page 6
1 Fire Chief Mike Allen asked for a progress report on the Adopt-A-Street project and Councilmeber Elst o
2 asked the Clerk to comment. She said the issue was in limbo but she would have an answer by the ne t
3 meeting. Councilmember Hutton said the Gorge Cleanup is scheduled for Saturday and suggest d
4 Councilmembers who want to help meet at 9 a.m. at Weir Dam. Chief Allen said he would be happy to assist
5 Clerk Schroeder in selecting a street, adding that he had a list of places that had already been spoken for.
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7 President Allen asked the Clerk to read the Mayor's Proclamation for the week of October 6- 12.
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9 The Clerk read:
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11 "WHEREAS, the YWCA has a long history of empowering women and families and fostering racial justi••-;
12 and
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14 "WHEREAS, each year, thousands of women are physically and psychologically mistreated by th-ir
15 partners;and
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17 'WHEREAS,violence in our society proliferates;and
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19 "WHEREAS,the YWCA abhors and does not condone such behaviors;and
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21 "WHEREAS, the YWCA of Richmond supports programs which provide protection to women and th-ir
22 dhildren;and
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24 "WHEREAS, the YWCA of Richmond offers programs which enables people to resolve their differenc-s
25 without violence;NOW
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27 "THEREFORE, I, Dennis Andrews, Mayor of the City of Richmond, do hereby proclaim the week of Octob-r
28 6 - 12, 1996 as WEEK WITHOUT VIOLENCE in the City of Richmond, and call upon all of our residents o
29 observe this week."
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31 ADJOURNMENT
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33 I There being no further business,on a motion duly made,seconded and passed,the meeting was adjourneo.
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41 Geneva"Gene"Allen, President
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47 ATTEST:
48 Norma Schroeder, City Clerk
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