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HomeMy WebLinkAboutCCM-07-07-80 MINUTES OF THE CITY COUNCIL MEETING JULY 7, 1980 The Common Council of the City of Carmel was called to order by Mayor Jane A. Reiman at 7:30 P.M. on July 7, 1980. Councilmembers Fleming, Shepherd, McMullen, Garretson, Walker, Johnson and Kerr were present. Also present was City Attorney, John Pearce and Clerk- Treasurer. Invocation was given by Mrs. Kerr followed by the Pledge of Allegiance. Mayor Reiman and Police Chief, Jerry Lowe presented Carmel resident, Vincent Bournique with a citation for saving the life of a Carmel resident when a fire broke out in her home. Mr. Garretson made a motion to approve the Council minutes of June 15. Motion wae seconded by Mr. Walker and passed unanimouely. Committee Report Mr. Garreteon gave the commuttee report on Rules and Procedures. Following Mr. Garretson's report, the City Attorney was asked to pre pare the Rules and Regulations in ordinance form making a change on page 6 (a) deleting reference to an appeal for presentation to the Council at its next meeting. Old Business Ordinance Z-164 - Planned Unit Development - E. Davis Coot, Attorney and former Plan Commission member, stated he had contacted a title insurance company and it was his understanding that before a title insurance company would issue a policy it would have to satisfy themselves that the PUD had been fulfilled up to that point. This would mean that if money was to be borrowed as you went along, one phase would have to be completed before the title company wculd clear the land for a lending institution. It was, therefore, Mr. Coots' request that the Ordinance be passed in its original form without an amendment requiring the PUD to be recorded in the Hamilton County Recorders Office. City Attorney stated he had researched the question and it was his opinion that requiring the PUD to be recorded in the Hamilton County Recorders Office would cause no further inconvenience than any other ordinance and would not cloud the title of the property. Mr. Garretson made a motion to remove the first amendment from the table for vote. Mrs. Kerr seconded the motion which passed unanimously. Vote was taken on the first amendment which passed on a 4-2 vote. Kerr and Johnson voting nay; Walker abstaining. Mr. Garretson made a motion to remove the second amendment from the table for vote. Mr. Fleming seconded the vote which passed 6-1, Kerr voting nay. Vote was taken on second amendment which passed 4-2, Kerr and Johnson voting nay; Walker abstaining. Vote was then taken on Ordinance Z-164 as amended which passed unanimously. City Council Meeting July 7, 1980 Page Two New Business Public Hearing Amending Sign Ordinance - Mrs. Kerr explained that the amendment was to include new zoning classifications. The meeting was opened for public hearing, there being none, public hearing was closed. Mr. Fleming stated he felt the Ordinance amend ment introduced should make reference to theAsection of the City Code being changed so a cross-reference was established. Mr, Garretson made a motion to amend proposed Ordinance Z-165 to insert parenthetically the words "Chapter 27 of Carmel Code" between "D-64" and "is" in the second paragraph of Ordinance Z-165. Mr. Walker seconded the motion which passed unanimously. Mr. Garretson made a motion to suspend the rules and act on Ordinance Z-165 as amended tonight. Mr. Walker seconded the motion which passed unanimously. Vote was taken on Ordinance Z-165 as amended which passed unanimously. Briar Lane Estates Stop Signs - Mr. Thomas Dogherty, 9905 Lakeshore Drive East, stated the need for the stop signs requested in their petition on Lakeshore Drive East at Bridge North Drive, Tahoe, Bridger South and 98th Street. Mr. Mark Wade, 3585 Tahoe Road, Mr. Tuch Schulhof, 11117 L3keshore Dr. East and Mr. Bob Edwards spoke in favor of all the signs requested. Mr. Garretson made a motion requesting the City Attorney to prepare an ordinance for a four way stop sign at Lakeshore Drive East and Tahoe and a three-way stop at Lakeshore Drive East and 98th Street only and the Mayor request the Police and City Engineer to s~udy, the area and a report brought to Council at next meeting. Mr. Johnson seconded the motion which passed 6-2; Shepherd and Walker voting nay stating they felt all signs requested were needed. Mr. and Mrs. Greenstein - Mr. & Mrs. Greenstein came before the Council and stated they had seeded their lawn in April and therefore did a great deal of watering and felt the sprinkling relief granted for A July, August and September was inequitable. After discussion, Mrs. Kerr made a motion re~uesting the City Attorney to prepare an ordinance amending City Code 6.03(d) to grant relief in April, May i and June rather than June, July and Au~ust and that Mr. Dougherty review the averaging period and consult with the City Attorney before preparation of the ordinance. Mr. Johnson seconded the motion which passed 5-2; McMullen and Walker voting nay. The Council broke at 9:40 P.M. for recess and reconvened at 9:50 P.M. Economic Development Bonds - Delta Faucet (Masco) - Doug Floyd, Attorney for Delta Faucet, made a presentation on the company, the purpose of the Economic Development ~onds and effect on the community and re quested that the Council act upon proposed Ordinance D-251 tonight. Mr. Johnson made a motion to suspend the rules and act upon Ordinance D-251 tonight. Motion seconded by Mrs. McMullen and passed unanimously. Vote was taken on Ordinance D-251 which passed unanimously. City Council Meeting July 7, 1980 Page ~hree Economic Development Bond - Anacomp - Bill Fletcher, attorney for Anacomp made a presentation for the Council on Anacomp and requested the Council act upon proposed Ordinance D-252 tonight. Following questions Mrs. Kerr made a motion to suspend the rules and act upon Ordinance D-252 tonight. Motion seconded by Mr. Shepherd and passed unanimously. Mrs. Kerr made a motion to strike reference to the Carmel Plan Commission in the first paragraph of proposed Ordinance D-252. Motion seconded by Mr. Johnson and passed unanimously. Mrs. Kerr made a motion to approve Ordinance D-252 as amended. Motion seconded by Mr. Shepherd and passed unanimously. Ordinance Providing for Application of Water Meter Deposits - Ordinance A-53, providing for application establishing a service fee for collection of delinquent rates and charges was presented to the Council. Mr. Johnson made a motion to suspend the rules and act upon Ordinance A-53 tonight. Motion seconded by Mr. Garretson and passed unanimously. Mrs. Kerr made a motion to amend Ordinance A-53 to add the word "only" to the end of number 3. Motion seconded by Mr. Garretson and passed unanimously. Vote was taken on Ordinance A-53 as amended which passed unanimously. Mrs. Kerr asked that the record show she had asked Mr. Dougherty about an Ordinance establishing a sewer deposit to be applied in the same manner. The Clerk-Treasurer informed Mrs. Kerr that such an ordinance has been prepared for her office for approval by Mr. Dougherty and the City Attorney for presentation to the Council at a later date. General Obligation Bond Ordinance - Ordinance D-253 providing for a 1.5 million dollar general obligation bond sale was presented to the Council. Mr. Garretson made a motion to suspend the rules and act upon Ordinance D-253 tonight. Motion seconded by Mr. Walker and failed 4-3, Kerr, Shepherd and Johnson voting nay. Mayor Reiman distributed back-up material on the general obligation bond to the Council members. Transfer of Funds - Clerk-Treasurer's Office - Ordinance BL164 for transfer of funds within the Clerk-Treasurers budget was presented to the Council. Mr. Shepherd made a motion to suspend the rules and act upon Ordinance B-164 tonight. Motion seconded by Mr. Walker and passed unanimously. Mr. Walker made a motion to adopt Ordinance B-164. Motion seconded by Mr. Shepherd and passed unanimously. There being no further business to come before the meeting, the same was duly adjourned at 11:00 P.M. APPROVED: ATTEST