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HomeMy WebLinkAboutCCM-04-03-78EINUTES OF ~ CITY COUNCIL MEETING April 3, 1978 The regular meeting of the City Council was called to order at 7:30 PM by Mayor Pickett, who presided. All members except Councilman Garretson were present. City Attorney was present also. Debbie Cline, assistant to the Clerk-Treasurer, took the minutes in the absence of the Clerk-Treasurer. Councilwoman Doane gave the invocation. M~yor Pickett led the pledge of allegiance. Councilman Meachammoved to approve the minutes of the last regular meeting, Councilman Swift seconded it and it passed unanimously. Councilman Horvath moved to approve the minutes of the sps¢ial meeting March 29th, Councilwoman Doane seconded it and it passed unanimously. OLD BUSINESS: AGENDA ITEM #1: REPORT OF STAIIDING COMMITTEE CHAIRMEN: Councilman Swift reviewed Ordinance ~D-150. He reported that the Budget Committee recommends the adoption of Ordinance #D-150. NEW BUSINESS: AGENDA IT~4#1: 80 ACRES FROM S-1 TO S-2 LOCATED BETW~:,:~ 126th AND 131st STREETS ON EAST SIDE OF GRAY ROAD. PAUL I. CRIPEtINC FOR MOHAWK CROSSING: Mayor Pickett read proposed Ordinance ~Z-l~3. The Mayor then read a resolution from the Plan Commission and a certification from the secretary of the Plan Commission requesting the resolution be denied. Before the discussion began Councilman Coots stated the vote that ~ave rise to the secretary preparing that resolution was a ~-~ vote on 8 Plan Commission members present. He stated he believed there is a recent Indiana opinion that requires, for approval, such organizations act by a majority of its members. In other words ? for or 7 against. So this vote does not constitute a recommendation for or against. Do we send it back or do we hear the re-zone petition? The reason Councilman Coots wanted to continue this item on the agenda for discussion among the Council is that there are at least 3 such petitions before the Plan Commission all effecting real estate located immediately east of Gray Rd. and between the bo%u~daries of 126th and approximately ~mile south.of l~6th St. Attorney Doug Church stated the petitioner did not constitute a denial under the state statue and then reviewed their reasons for wanting to change the zone. Councilwoman Reiman stated she felt Dave Fletcher had prepared an incomplete report. She felt he should mention the parcels of ground that don't want to re-zone as well as the ones who do. ~¢r. Steven Harlow, Attorney for Briarwood Homeowners, appeared before the Council and stated there are standards on which to make decisions; for a re-zone or original ordinance, it must promote the health, safety, morals and welfare of the community. That is the standard which is encompassed in the police power to the states. He stated he would like to suggest that, based on that standard, he really doesn't see how it is possible to make a determination that a re-zone enhances the public safety, health and morals. He stated their project would present a traffic problem. Mr. Church stated they are withdrawing the re-zone application at this time as it applies to S-1 to S-2 with the concept of proceeding on a variance of those lots that would require S-1 category and they would proceed back to the Plan Commission with that plat. Councilman Meachammoved the re-zone item be returned to the Plan Commission or Board of Zoning Appeals, whichever comes first. Councilman Coots stated he thought it would be good for this community to (1) to settle in our own procedures whether or not recommendations from the Plan Commission should be by a majority of those members on the Plan Commission or Page whether we accept at the City Council level, a ~-~ vote, either deny or grant a re-zone and go into litigation over it. He felt we could require the Plan Commission to adopt a rule reguiring ? votes for or ~gainst a re-zone petition. Councilman Meacham stated he would change his motion to add the item be sent to the Plan Commission to clarify that position, Councilman Coots seconded it and it passed unanimously. AGENDA ITEM,S2: ORDINANCE ~D-i~0-ADDITIONS TO SALARY ORDINANCES: POLICE & UTILITIES: Mayor Pickett read proposed Ordinance #D-150 adding to the salary ordinance new ranks in the police department, salary for school guards and a position of part-time billing clerk. Councilman Swift moved to adopt proposed ordinance as read, Council- man Horvath seconded it. Councilwoman Doane moved to suspend the rules, Councilman Meacham seconded it and it passed unanimously. Motion to adopt passed unanimously. Police Chief Barney was present and explained the concept of additional ranks. AGENDA ITEM #3: STOP SIGN AT ALTAM DRIVE: Councilman Meacham stated he had a request from a resident near the recently erected 3-way stop sign at Lexington Dr. and Altam. Councilman Meacham showed on map how the traffic is now goi~ to avoid the 3-way sign. He stated Mr. Davis felt it would be better not to put a 3-way sign up, but put a stop sign at Altam and Blairsden. Mr. Jim Davis was present and explained why he felt the change would be better because of our children's safety. Councilman Coots asked Police Chief Barney if the stop signs erected in the past year have presented more of an enforcement problem. Police Chief stated yes. Councilman Coots suggested an ordinance be prepared for the next Councilmeeting with guidance from the executive branch as to locations of signs for the next Council meeting so the Council can have a specific propgsal before us and then discuss and ~ote on it at that time. Mayor Pickett stated it might be in order for the Police Chief and City Engineer to get together for a recommendation. Mr. Davis stated he would suggest forgetting the one at Belden Drive and Ash Drive~ Also, there is a bug bush right at Belden and Altam and he thought there was a city ordinance about haviD~ a sidewalk there that wasn't there and you can't see beyond the bush unless you get right out on the street. Mr. Hohl to check on that. ADDED AGENDA ITEM: ORDINANCE ~D-l~l: Councilman Swift moved to add ordinance ~D-151 to the agenda, Councilman Coots seconded it and it passed unanimously. Mayor Pickett read proposed Ordinance #D-151 authorizin~ purchase of truck body. Councilwoman Doane moved to adopt the ordinance, Councilman Meacham seconded it. Councilwoman Doane moved to suspend rules, Councilman Meacham seconded it and it passed unanimously. Motion to adopt passed unanimously. There being no'further business the meeting was adjourned at 8:45 PM. Peggy ~ou Smith, Clerk-Treasurer Approved: Albert Plekett, MaWr