HomeMy Public PortalAbout12-20-1993 63 9 5
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY-OF-RICHMOND-INDIANA-MONDAY-DECEMBER-201993
•
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 December 20, 1993, in the Council Chambers in said City. President Lundy presided with the following
3 Councilmembers present: Elstro, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The
4 following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY COUNCILMEMBER PARKED
9
10 ROLL CALL,
11
12 Nine present.
13
14 APPROVAL OF MINUTES OF DECEMBER 6.1993
15
16 Councilmember Allen moved to approve the minutes of December 6, 1993, second by Councilmember
17 McBride and the motion was carried on a unanimous voice vote.
18
19 COMMUNICATIONS FROM THE MAYOR
20
21 The Mayor was not present.
22
23 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
24
25 REPORT FROM CITY DEPARTMENTS
26
27 Councilmember Parker noted that he had received information in his Council packet which he asked City
28 Clerk Norma Carnes to pass on to City Engineer Bob Wiwi, pointing out it dealt with the G.I.S.systems and
29 would be a cost savings to the City since the figures were considerably less than what is being spent.
30
31 REPORT FROM OTHER OFFICES
32
33 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
34
35 Minutes of the December 2 and December 9 meetings in the Council packets.
36
37 Councilmember Donat questioned City Controller Dennis Grimes, since he is a member of the Board of
38 Works, about calls from constituents who had called the office of Earnest Jarvis, also a member of the Board
39 of Works, to be told that the City no longer had plans to close Hayes Arboretum Road. Grimes noted that
40 Bob Goodwin, director of Planning, will be in charge of the meeting tomorrow night where this issue will be
41 discussed. Goodwin said the issue to be discussed will be for abandonment of the Hayes Arboretum Road
42 not a vacation. He says anyone who shows up will be heard and a hearing will be conducted at a later date
43 before the Board of Works if that is necessary. President Lundy asked Goodwin if residents who are
44 concerned about the issue should show up and he answered in the affirmative.
45
46 REPORTS FROM SPECIAL COMMITTEES
47
48 Councilmember Brookbank reported on the Reid Hospital Board meeting, noting that it was lengthy because
49 of working on the 1994 budget. She said although she and five or six others voted against it,the hospital will
50 raise its rates five percent.
51
52 REPORTS FROM STANDING COMMITTEES
53
54 None were presented.
55
56 REPORTS FROM OTHER COUNCIL COMMITTEES
57
58 President Lundy noted that all Councilmembers had received the report from the Housing Authority of the
59 City of Richmond.
60
61 Goodwin introduced 12 Boy Scouts who were in the audience along with their scoutmaster Lance Shultes,
62 noting that he and Mike French had been working with them and they were in the process of earning their
63 citizenship in the community merit badges on their way to becoming Eagle Scouts. He said that he and
64 French had accompanied the group earlier as the young men sat in the chairs currently being occupied by
65 Council members and they had helped make decisions and learned about map reading.
96
Common Council Minutes Cont'd
December 20, 1993
Page 2
1 President Lundy asked Clerk Games to read a letter dated December 8 from City Attorney Thomas Milligan
in which he stated some of the changes which would occur because of Council's vote in its December 6
31� meeting to retain its own attorney. (Letter in its entirety is in the City Clerk's files).
4
5 President Lundy said she had sent copies of the letter to all the Councilmembers, telling them she would
6 keep them advised of her progress in looking for an attorney. She said she had decided it was too much
responsibility for one person and she would be too rushed. She said she decided not to hire an attorney this
year but to seek legal advice from one and have one available in case he or she would be needed. She
suggested that the President of Council next year take time in hiring an attorney. She said Council does
1 d have some outstanding bills which will have to be paid. When Councilmember Parker asked what the bills
11 were for, President Lundy said Council had asked about Ordinance 20 - 1993 and the wellhead and the
1 attorney had been asked about that. She added that no attorney had been,hired on a permanent basis but
1 Council has engaged some legal advice. She said that attorney will be paid the same amount as the City
1 Attorney, which is $70 per hour. In answer to a question by Councilmember Dickman, President Lundy said
1 the attorney looking at that ordinance was Charles Braddock of Anderson, the attorney retained by the
1 Concerned Citizens Coalition.
1
1: ORDINANCES •
1*
2� ORDINANCES ON FIRST READING
21
2- Councilmember Hutton moved to suspend the rules and read on first reading by title only Ordinances No.
2 108, 109, 110, 111, 112 and 113- 1993,second by Councilmember Parker and the motion was carried on a
2, unanimous voice vote.
2-
2: ORDINANCE NO.108-1993
2
2E The Clerk read Ordinance No. 108 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
25 224 SOUTH 5TH STREET
30
31 President Lundy announced that this ordinance will go to planning.
3
3 ORDINANCE NO.109-1993
3 .
3 The Clerk read Ordinance.No.. 109 - 1993 = AN APPROPRIATION ORDINANCE AMENDING THE 1993
3 BUDGET..
3 .
•
3: City Controller.Dennis Grimes said this ordinance deletes $12,000-from medical insurance in the general
3 fund and adds $12,000 to the public fire service for fire hydrant costs. It.also deletes $830 from computer
4® services and charges in the Engineering Department and:adds$830 for furniture and fixtures for a computer
4 work station desk and chair. And; it deletes $6,458 from other contractual services in the motor vehicle
4 highway street divisionand adds$6,458 to building acquisition for two overhead doors at the Street Division
4 which is actually a continuation of the ongoing renovation project.
4
4 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 109 1993 to second
4. reading and:read by title only, second by Councilmember McBride and the motion was carried on a
4 unanimous voice vote. .
4
4 The Clerk read Ordinance No. 109-1993 on second reading. •
5
5 President Lundy declared Ordinance No. 109- 1993 on public hearing. There being no comments either for
5 or against, Councilmember McBride moved for engrossment,second by Councilmember Brookbank and the
5 .motion was carried on a unanimous voice vote.
5
5 . . .
5 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 109- 1993 to third and final
57 reading and .read by title only, second by Councilmember Parker and the motion was carried on a
5 unanimous voice vote.
5
6
6 The Clerk read Ordinance No. 109 -1993 on third reading. .
6
6 Councilmember Elstro questioned the $12,000 for public fire service hydrants and Grimes said it was an
6 addition of charges by the water utility. He added that the rate increased over and above an estimate given
65 in June 1992.
97•
•
Common Council Minutes.Cont'd
December 20, 1993
Paola
•
1 Ordinance No. 109- 1993 was adopted on the following call of the.roll:
2 :
3 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
4 Nays:None
5
6 ORDINANCE NO.110-1993
7 -
8 The Clerk read Ordinance No. 110-1993-A SPECIAL ORDINANCE AUTHORIZING THE EXECUTION OF
9 A TRANSMISSION CAPACITY PURCHASE AGREEMENT
10
11 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 110 - 1993 to second
12 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
13 voice vote.
14
15 The Clerk read Ordinance No. 110- 1993 on second reading. .
16
17 President Lundy declared Ordinance No. 110-1993 on public hearing.
18
19 President Lundy asked Grimes to read the letter written by Milligan to all Councilmembers which concerned
20 RP & L Resolution No. 8 - 1993. He stated that after discussing the Transmission Capacity Purchasing
21 Agreement with James McClarnon, legal counsel to IMPA, the following changes have occurred:The Mayor
22 will not be signing the agreement but Huffman will be signing it in his capacity as General Manager to RP &
23 L; and the execution of the agreement will be authorized by Ordinance No. 110- 1993 as an act of Common
24 Council rather than using Resolution No. 8 - 1993 as an act of the Board of Directors of RP & L. He
25 recommended passing a motion to strike Resolution No. 8 in the December 20 meeting of the RP & L Board
26 and suspending the rules and passing Ordinance No. 110 - 1993 on all three readings in the December 20
27 meeting of Common Council.
28
29 President Lundy said she had conversation with the City and Huffman and there is no problem with this
30 ordinance. Hearing no comments either for or against Ordinance No. 110 - 1993 Councilmember Elstro
31 moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous
32 voice vote.
33
34 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 110- 1993 to third and
35 final reading and_read by title only, second by Councilmember Hutton and the motion was carried on a
36 unanimous voice vote.
37
38 The Clerk read Ordinance No. 110- 1993 on third reading.
39
40 Ordinance No. 110- 1993 was adopted on the following call of the roll:
41
42 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
43 Nays: None
44
45 ORDINANCE NO. 111 -1993
46
47 The Clerk read Ordinance No. 111 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
48 BUDGET
49
50 Grimes said this ordinance deletes$201.10 for printing in the.Council operation budget, however the balance
51 in the account is actually $68.28. It also deletes $170.89 in the office supplies account, which brings the
52 corrected total to $239.17 for legal services which would be account number 3120. He offered those
53 amendments to Ordinance No. 111 - 1993. Councilmember Donat, author of the ordinance, said the$201.10
54 was what was given to her when she asked for the latest amount in the account less than two weeks ago.
55 Grimes said he could only assume that the figure came from the November 30 statement and there had been
56 some expenditures in the meantime which would account for the difference. He added that normally on all
57 transfer ordinances that affect the budget he reviews those first but he did not have the opportunity to do that
58 on this particular one so when he received his Council packet Friday he looked at the balances as of that
59 date.
60 .
61 Grimes said this figure goes to legal services 3120 because when he asked President Lundy what this
62 ordinance intended to do she told him it was for legal services. He said the account number is 3120 rather
63 than for miscellaneous professional services, noting there is no money in that account because Lundy had
64 indicated the $2,500 be transfered to legal services. He stated that when President Lundy said the purpose
65 of the money was to have it for legal services for an attorney he had informed her that she should transfer the
money from one account to another,which would be an inter-category transfer.
Common Council Minutes Cont'd
December 20, 1993
Rage 4 : . . .
1 • Councilmember Dickman asked why.the money is"being deleted from 'office supplies and:printing when •
21 money can be used out of the$2,500 which was transferred.Grimes noted that this ordinance is authored by
3 Councilmember Donat and perhaps she would be able to explain the reasoning behind it. Councilmember
J. •
Donat said that when Council had received notice from Milligan that-he would no longer be its attorney, she
spoke with President Lundy and with her approval the ordinance was written because it was felt Council may
E need more money for legal services and since it was the end of the year there would be no need for printing
7 or office supplies. Councilmember Dickman asked if the plan was to spend an excess of $2,500 before the
E end of the year. President Lundy answered that it was not, adding that at first she thought it would be
£ necessary to hire an attorney immediately but found that was not the case. Councilmember Brookbank
I1 asked"what kind of bill would Council be getting from Braddock and President Lundy said she was not sure,
11 adding that she had not received the bill but it would be itemized at$70 per hour for attorney fees. Grimes
1 added that the intra-category transfer that took place was not only for the $2,500 in the miscellaneous
1 professional services but in all the other accounts in the 3000 cateogry bringing the total to $4,158 in legal
1 services.
1
1 Grimes added that basically the$4,158 is applicable for obligations in December, after which any obligations
1 for legal services would have to come out of the 1994 budget in January and thereafter.
1:
1' Councilmember Hutton moved to amend Ordinance No. 111 - 1993 as recomended by Grimes, second by
2e Councilmember Elstro and the motion was carried on a unanimous voice vote.
2
2- Councilmember Hutton moved to suspend the rules and advance Ordinance No. 111 - 1993 to second
2 reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimous
2, voice vote.
2'
2• The Clerk read Ordinance No. 111 - 1993 on second reading. •
2
2: President Lundy declared the ordinance on public hearing. There being no comments either for or against
2^ Ordinance No. 111 -1993 Councilmember Elstro moved for engrossment, second by Councilmember Hutton
30 and the motion was carried on a unanimous voice vote.
3
3. Councilmember Elstro moved to suspend the rules and advance Ordinance No: 111 - 1993 to third and final
3 reading and read by title only, second by Councilmember Parker and the motion was carried on a
3, unanimous voice vote. '
3 _ •
•
3• The Clerk read Ordinance No. 111 -1993 on third reading: • "
37
3 Ordinance No.1 11.= 1993 was adopted on-the following call of the roll::. .
3
4 Ayes: Elstro,Brookbank, Donat,"McBride,-Parker,Allen,"Hutton and Lundy(8) "
4 Nays::Dickman (1.)_ . ` - : -
4 "
4 ORDINANCE NO.112-1993 -
4 . •
41 The Clerk read Ordinance'No. 112- 1993 -AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY
4 OF RICHMOND TO RECEIVE DONATIONS •
47
4 President Lundy requested the ordinance•be read in its.entirety"by Clerk Carnes. The purpose of,the
4 ordinance is to authorize the City to accept a cash gift of$3,250 from Beverly J. Shepherd, doing business
51 asBev's Threads,'to be used in the Human Services Division of the Department of Adminstration for taxi
5 fares for senior and/or disabled citizens. • •
5.
5 Councilmember Hutton said.this money will be used for special trips for people who need it after hours and it
5 is.very much used.
5 • "
5 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 112 - 1993 to second
556 reading and: read by title only, second by Councilmember McBride and the motion was carried on a
unanimous voice.vote.
5 •
6 The Clerk read Ordinance"No. 112-.1993 on second reading. '
6 . .
6? President Lundy declared Ordinance No. 112- 1993 on public hearing.
63 '
64 Councilmember Dickman said the gift was an impressive one and commended Bev's Threads for the
65 donation. Hearing no comments either far.or against Ordinance No. 112 - 1993 Councilmember Parker
moved for engrossment, second by Councilmember:Hutton and.the motion was carried on a unanimous
voice vote.
399
Common Council Minutes Cont'd
December 20, 1993
Rage 5
1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 112- 1993 to third and
2 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
3 unanimous voice vote.
4
5 The Clerk read Ordinance No. 112-1993 on third reading.
6
7 Ordinance No. 112- 1993 was adopted on the following call of the roll:
8
9 Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
10 Nays:None
11
12 ORDINANCE NO.113-1993
13
14 The Clerk read Ordinance No. 113 - 1993 -A SPECIAL ORDINANCE TO FUND THE TRANSFER FROM
15 THE ELECTRIC UTILITY TO THE GENERAL FUND IN THE 1994 CITY BUDGET
16
17 Grimes read a letter in advance of any movement on the ordinance. He noted that this is Resolution No. 7
18 that was stricken in the RP & L board meeting and came back with Ordinance No. 113 - 1993. He said the
19 matter before Council is that there was a concern among some members as to whether or not the State
20 Board of Accounts would have an audit exception to the procedure. He said he had contacted them last
21 week and offered the facts and a copy of the ordinance.Their letter dated December 17 is the result of that
22 contact, he said. (The letter in its entirety is on file in the Clerk's office).
23
24 It was stated in the letter from the State Board of Accounts that as long as Ordinance No. 113 - 1993 is in
25 compliance with IC 8-1.5-3-22 (e) that body would not take audit exception to the emergency transfer of
26 funds. However, it further stated, it should not be construed as a legal opinion.
27
28 Councilmember Allen moved to suspend the rules and advance Ordinance No. 113-1993 to second reading
29 and read by title only,second by Councilmember McBride and the motion was carried on a unanimous voice
30 vote.
31
32 Councilmember Donat said prior to this meeting she had asked an attorney who had donated his time about
33 this. She said he had advised her that according to state statute in order to pass this ordinance the 1994
34 budget had to have been approved and she asked Grimes if it had.Grimes said he had asked Charlie Pride,
35 Supervisor for Cities and Towns for the Indiana State Board of Accounts, about that portion of the statute
36 and he said it points out that after final certification of the budget this body must declare there is an
37 emergency necessary to make a transfer. He said since the statute was rather ambiguous as to whether the
38 final certification came from the State Tax Board or from Councilmatic approval and because it does not
39 specifically point out that it is either, the interpretation that was offered by Pride was that Councilmatic
40 approval would suffice.
41
42 Councilmember Donat said the attorney she contacted also said that the transfer must be approved by the
43 State Tax Board. He further indicated that an emergency must be declared by the Richmond Power& Light
44 Board. Grimes said he also asked Pride about that question and Pride said the statute indicates that Council,
45 not the RP & L Board, has the authority to declare the emergency and that is why he recommended that
46 Council, not the RP &L Board,consider Ordinance No. 113- 1993 and not Resolution No.7.
47
48
49 In answer to a question by Councilmember Elstro,Grimes said Pride is not an attorney but is an accountant.
50 He added that this Council had asked for a State Board of Accounts opinion as far as the procedure at hand.
51 Councilmember Elstro said Milligan had said it had to be a resolution and Grimes said that was a point of
52 order clarification as to whether it had to be a resolution or an ordinance. He added that Pride said the
53 statute clearly indicates that it should be handled by ordinance by the Common Council rather than a
54 resolution by the RP&L Board. He said Milligan had indicated to Grimes that he stood corrected.
55
56
57 President Lundy said in talking with Irving Huffman, General Manager of RP & L, she said he didn't think it
58 should go this way but stated that as long as Council has the cover letter from the State Board of Accounts it
59 could go that way.
60
61
62 The Clerk read Ordinance No. 113- 1993 on second reading.
63
64 President Lundy declared Ordinance No. 113-1993 on public hearing.
65
Common Council Minutes Cont'd
•
December 20, 1993 • -
Eage_6
1 There.were no comments:in favor of the. ordinance: Huffman said he,was not in favor or against the
ordinance but merely raised the question as to the legality and the procedure. He said there is a great
concern at RP & L that Council could pass an ordinance what would tell him to go out and shoot the City
Controller, but he couldn't do that ethically and it would be wrong morally. He said his question is, that in
passing this ordinance,does it allow RP& L to do this ethically, morally and properly: He added that he feels
Council should get some legal advice on the subject.
President Lundy said she had talked with the City Attorney and he said it would be okay. Huffman
questioned as to whether the letter from the State Board of Acconts is really answering the question that
1 Council thinks it is answering.
1
1 Councilmember Allen said in the Indiana Utility Regulatory Commission report last year it said the legislative
1 body is the only one that has the authority to appropriate additional funds. Huffman said it is RP & L's
1 interpretation of the statute that certain steps have to be followed and if those steps are followed then this is
1 permissable. Councilmember Allen said she is familiar with the statute. Huffman said IURC has no
1 jurisdiction over this matter.
1
1 4 Councilmember Dickman said that Huffman has said the way to do this is through an emergency declaration
1 on a transfer and when he spoke to him earlier on the telephone he had told him the same thing, adding that
2t if it is done this way he had no problem with it. Councilmember Dickman said that keeping that in mind, he is
2 somewhat confused as to why Huffman has a problem with it. President Lundy said an attorney has seen
2- this letter and given his opinion that it is okay to do it this way and Huffman asked if any attorney had
2 indicated that it is not correct. He added that he still raised the question but could not cite any authority as to
2, why he questions it. Councilmember McBride said he is sure that Grimes wants to be within the law as much
2 as Huffman does and he feels he is following all the proper procedures. Huffman said he had a right to
2• question it and Councilmember McBride said he thinks Council has the right and the prerogative to overrule
2 the question.
2:
2• Herschel Philpot, financial manager of RP & L, asked for clarification of the ordinance, noting that it is his
3o understanding that he has to transfer an additional $184,816.66 from the.utility's cash operating fund to the
3 utility's cash reserve fund during the calendar year of 1993'in order to fund the transfer from the electric
3 utility to the citygeneral fund of $2,066,677 on or after January 1, 1994. He asked if this ordinance is
3 instructing him to transfer money from the utility's cash operating fund to the utility's cash reserve fund and
3, President Lundy assured him that it so states, adding that some of it should already be there.
3
3: Philpot said at the end of November of this year there was a little more than $21/2 million in the cash reserve
3 fund..Councilmember Allen said the difference between the $2,066,677 and what was in the cash reserve
3: fund at the end of June which was $1.8 million was the$184,000 which needed to be transferred in order to
3• pay out.the $2,066,677 in January. Philpot said he just wanted to make sure what Council is telling him to
46 do, adding that the.problem he has is that it is going to change the financial picture of RP &.L because the
4 net income is going to go down. He said'since the money is already there he doesn't see the need for an
4 additional transfer. Councilmember Allen said it is transferring from one reserve fund to another. Philpot said
4 when it goes into the cash reserve fund it is a restricted asset and it is the only thing it can be used for.
4
4 Councilmember Allen said this.is merely transferring one asset to another asset..She added that another
4. reason that it is necessary to transfer it was that she attended the public hearing at the State Tax Board
4 where they said they wanted it documented and that is what is being done here. Council is documenting
4: what it passed in September. Philpot:said he didn't see how this will document that, adding that the balance
4° in the cash reserve 'fund as of June-30, 1993 will not change:. Councilmember Allen said that
5o Councilmembers know that:.
5
5 Philpot said the ordinance,states that the municipal legislative body; with the approval of the. Board, may
5 transfer surplus earnings of the utility to the general fund. He said he would think before Council could
5, transfer money it should have the approval of the RP&L Board. '
5
5.
5 Councilmember Brookbank moved for engrossment, second by•Councilmember Dickman and the motion
5: was carried on a unanimous voice.vote.
5°
6:
6 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 113- 1993 to third and
62 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
6 unanimous voice vote.:
6
65 The Clerk read Ordinance No 113:1993 on third reading. :`
401
Common Council Minutes Cont'd
December 20, 1993
Page-7
1 In answer to a question by Councilmember Donat, Grimes said the letter he read into the record from Pride
2 represented an audit opinion. He added that the legal opinion that is questioned here is represented in the
111 3 format in which this ordinance is presented. Pride indicated that his opinion was not legal and he would defer
4 to the City Attorney for a legal opinion. Grimes said Milligan prepared this ordinance with his legal expertice,
5 bearing in mind the statute which this particular ordinance covers. He added that as far as the legality of this,
6 he feels there is no question, and as far as the ethics and the accounting procedure, there is also no
7 question.
8
9 Answering Councilmember Elstro's question as to what the emergency is, Grimes said the emergency which
10 exists is that Council passed a budget approving a revenue source of $2,066,677 and without that revenue
11 materializing, the 1994 general fund budget would have to be cut by about$184,816. Councilmember Elstro
12 said the City could have cut the budget and Grimes said that is correct, but Council has already passed the
13 budget. He added that the City was $3 million over and it was cut back so it could be in balance.
14 Councilmember Elstro said the City could cut it some more and Grimes said that was possible.
15 Councilmember Elstro said he voted for this the first time but he would vote against it tonight.
16
17 Councilmember Parker said this indicates that members need to make up their minds as to how much they
18 want to transfer from RP & L to the City, adding that they can't continue to go back in and make changes
19 because afterwards there is always a legal question on one side or the other. He said since they have made
20 this commitment they have to honor it, but added that this is a one-time shot and he has no intention of
21 putting this kind of figure together for 1994. President Lundy said that an amount should be set early in 1994.
22
23 Ordinance No. 113-1993 was adopted on the following call of the roll:
24
25 Ayes: Brookbank, McBride, Parker,Allen, Dickman, Hutton and Lundy(7)
26 Nays: Elstro and Donat(2)
27
28 Goodwin requested Council's indulgence while the Boy Scouts left the Council Chambers. Councilmember
29 Brookbank read an article about attitudes which she felt would be beneficial to the Scouts as well as to
30 others in the audience.
31
32 ORDINANCES ON SECOND READING
33
34 There were none.
35
36 ORDINANCES ON THIRD READING
37
38 ORDINANCE NO.100-1993
39
40 The Clerk read Ordinance No. 100 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
41 3641 EAST MAIN STREET
42
43 President Lundy invited attorney Gayle Gardner to step forward to explain the latest steps in Ordinance No.
44 100 - 1993. He informed Council what his clients, owners of this real estate, have decided to do, noting that
45 they have petitioned Council through the County Clerk and mailed a copy of the petition to each of the
46 Councilmembers. He said they have petitioned to suspend the rules on third. reading and amend the
47 proposal and the ordinance that has been engrossed to delete all of the real estate that is outside the city
48 limits of Richmond. He noted his clients have done that in the petition and retained Beals & Asssociates to
49 draft a legal'description deleting anything outside the city limits. He added that in his letter he explained that
50 this area that is being deleted is also the area through which the Elks Country Club Road extension would
51 extend at some place and his clients have agreed to donate that to the community. He advised
52 Councilmembers they would have to suspend the rules since the ordinance is on third reading.
53
54 Councilmember Hutton moved to suspend the rules and go along with the petition that Gardner has
55 presented to take that portion out of Ordinance No. 100 - 1993, second by Councilmember Donat and the
56 motion was carried on a unanimous voice vote.
57
58 Councilmember Donat expressed her appreciation for the action and applauded the compromise made by
59 his clients.
60
61 Ordinance No. 100- 1993 was adopted on the following call of the roll:
62
63
64 Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
65 Nays:None
•
Common Council Minutes Cont'd
December 20, 1993
Rage 8 .
1 OLD BUSINESS
There was none.
MISCELLANEOUS BUSINESS
President Lundy asked Clerk Carnes to read the letter from the Board of Governors of the Wayne County
Convention & Tourism Bureau which asked for the approval of the appointment of Linda Von Pein, Dana
• Weigle and Maurie Risser for two-year terms beginning Jan. 1, 1994 and ending December 31, 1995.
1i
11 Councilmember Brookbank moved to accept the three appointments commenting on the continued
1- community involvement of the trio, second by Councilmember McBride and the motion was carried on a
1 unanimous voice vote.
1
1 Councilmember Hutton said two vacancies need to be filled on the Police Merit Commission. She placed the
1• names of Dr.Tom Ringenberg in the professional category and Marilyn J. Adams in personnel for Council's
17 approval and moved for acceptance, second by Councilmember Parker and the motion was carried on a
1 unanimous voice vote.
1
2 ADJOURNMENT
2
2 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
2
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2 Etta J. Lundy, President
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34
35 ATTEST: '
3 Norma Carnes,City Clerk
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5.
57 •
5 .
5
6
6
6
6
6
65