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HomeMy WebLinkAboutCCM-06-20-83MINUTE S OF THE MEETING OF THE CITY COUNCIL JUNE 20, 1983 The meeting of the City Council was called to order by Mayor Reiman at 7:30 P.M. on June 20, 1983. Council members Kerr, Johnson, Garretson, Fleming and Shepherd were present. Also present was City Attorney, Dave Coots and Asst. Clerk-Treasurer, Terri Hiatt. Invocation was given by Mr. Johnson followed by the Pledge of Allegiance. Police Chief Jerry Lowe and Lew Choate, Chairman of the Cystic Fibrosis of Indiana presented awards to those people who participated in the Bike-A-Thon for Cystic Fibrosis. The participants who rode the highest number of miles and collected the most monies were awarded gifts from local merchants and banks. Mr. Fleming made a motion to approve the minutes of the June 6th meeting. Motion seconded by Mr. Johnson with Fleming, Garretson and Johnson voting yes and Mr. Shepherd and Mrs. Kerr abstaining. Mr. Garretson moved to remove the motion from the table and amend the minutes of June 6th in the third paragraph to read the motion to approve the minutes of May 16th were seconded by Mr. Fleming. Motion seconded by Mr. Johnson. The minutes of June 6th were tabled until July 11th. Old Business Ordinance D-371 - Ordinance Amending Carmel City Code, Chapter 32, Section 32.01 Transient Vendors - Mr. Johnson made a notion to introduce Ordinance D-371. Motion seconded by Mr. Garretson. Mr. Garretson made a motion to amend the proposed ordinance D 371 adding paragraph F of Chapter 32.01 Business Regulations, "The Permit holder may solicit on private property of residences only between the hours of 10 A.M. and 6 P.M. Motion seconded by Mr. Johnson. It was the consensus of the Council that the Mayor's office contact the Chamber of Commerce and IACT asking their input and neighboring cities to find out their procedures and come back at the next meeting with this information Mr. Allen Potasnik, 11721 Rolling Springs Dr., spoke to the Council again expressing his concern as to the time limits allowed solicitation preferably ending before dark. Ordinance D-371 was shown as introduced. Public Hearing on Ordinance Z-194 - Ordinance Amending Zoning Ordinance Regarding B-8 Zone - Mr. Johnson made a motion to introduce Ordinance Z-194 and suspend the reading of same. Motion seconded by Mrs. Kerr. Chuck Kiphart, Director of Dept. of Community Development came before the Council to explain the need for changing a B-4 zone to a B-8 around Keystone Square. This new zoning would allow more specific requirements as to lighting, parking and landscaping. Mayor Reiman opened the meeting for a public hearing. There being no one to speak, she then closed the public hearing. Mrs. Kerr made a motion to suspend the rules and act on Ordinance Z-194 this evening. Motion seconded by Mr. Johnson and passed unanimously. Vote was taken on Ordinance Z-194 which passed unanimously. Ordinance D-374 - Establishing No Parking Zone in Carmelview - Mr. Garretson made a motion to introduce Ordinance D-374 and suspend the reading of same. Motion seconded by Mr. Fleming. The Council had a brief discussion and motion was made by Mr. Garretson to suspend the rules and act on Ordinance D-374 tonight. Motion was seconded by Mr. Johnson and passed unanimously. Vote was taken on Ordinance D-374 which passed unanimously. New Business Ordinance D-375 - Ordinance Regarding EDC Funds - Mr. Garretson expressed his concern in that no other committee or governmental unit in the city is able to control their own funds and it would in effect allow the EDC to take over the legislative responsibility of appropriating money at their will and spend money as long as it was there. Mr. Garretson felt the city would be better served if the EDC would anticipate their expenditures and budget them. Mr. Al Kuehn, President and Mr. Max Loudenback, Sec./Treas. of the EDC came before the Council. Mr. Kuehn noted the changing actions of the EDC in that being promoting economic development in the City. Discussion ensued. Mr. Garretson felt the need to include a paragraph in the ordinance requiring that the EDC cannot spend beyond what is in the account and require for a budget that the EDC prepare and file with the Council and Clerk-Treasurer that no expenditure be made beyond budgeted items without Council approval. Mrs. Kerr moved to authorize the EDC expenditures less than $5000 without approval and anything in excess of that amount would require Council approval. Motion seconded by Mr. Johnson and passed unanimously. Mr. Loudenback suggested that expenditures be limited to those funds which are earned in accordance with the provisions of law that's adopted by the Commission. Mr. Garretson moved to accept Mr. Loudenback's suggestion. Motion seconded by Mrs. Kerr and passed unanimously. Mr. Garretson made a motion that no full- time or part-time employees be contracted by the EDC without prior submission to the City Council and adhering to city personnel policies. Motion seconded by Mr. Fleming and passed unanimously. Atty Couts will come back to the Council with an ordinance including amendments made this evening. The meeting convened at 8:53 and reconvened at 8:59 Ordinance C-82 - Ordinance to Annex St. Elizabeth Seton Church - Mr. Johnson moved to introduce Ordinance C-82 and suspend the reading of same. Motion seconded by Mrs. Kerr. Mr. Garretson made a motion to suspend the rules and act on Ordinance C-82 this evening. Motion seconded by Mrs. Kerr and passed unanimously. Vote was taken on Ordinance C-82 which passed unanimously. Ordinance C-83 - Ordinance to Annex Carolina Commons - Mr. Fleming moved to introduce Ordinance C-83 and suspend the reading of same. Motion seconded by Mrs. Kerr. Mr. Garretson made a motion to suspend the rules and act on Ordinance C-83 this evening. Motion seconded by Mrs. Kerr and passed unanimously. Vote was taken on Ordinance C-83 which passed unanimously. Report on Revenue Sharing - Mr. Garretson passed out a report and gave a committee report regarding revenue sharing requests. Mr. Garretson stated the committee would support those requests made by H.E.L.P., Janus Development, Hamilton Centers and Senior Citizens of Hamilton County but would not approve the requests from Conner Prairie and the Transportation Museum As pointed out in the committee report Mr. Garretson distributed, Conner Prairie Settle ment is supported by admission- fees, the endowments are sizably substantial and there were no specific benefits in the form of defined services beneficial to the citizens of Carmel. The committee felt in the way of the Transportation Museum, since the program was promotional they should seek possible funding from the EDC. He stated the committee would also like to set aside monies in revenue sharing for capital improvement and see sidewalks made top priority for those funds. Mr. Johnson commended the committee on its work. Board of Works Recommendation for Appropriation for Flasher Signal - Mayor Reiman asked the Council for the authority to proceed with the publication to hold a public hearing to appropriate monies for a flasher signal at Main St. & Gray Road. Mr. Garretson made a motion to affirm the Council's intent to hold a public hearing for a special appropriation. Motion seconded by Mr. Johnson and passed 4 to 1; Mrs. Kerr voting nay. Mrs. Kerr felt a flasher signal was not necessary. Cable TV - Letter from Marilyn Young - The Council was in receipt of a letter from ~A~ Marilyn Young, Tele-Communications; Inc.(Cable TV) officially waiving the automatic rate increase provision in the franchise agreement until the Advisory Committee has an opportunity to review the financial data and come back to the Council with a recommendation concerning the proposal. The rate increase would automatically become effective 60 days later. It was the consensus of the Council to make this letter a part of the minutes (see original minutes for attached). Ordinance A-58 - BPW Recommendation to amend Water Meter Ordinance - Mr. Johnson made a motion to introduce Ordinance A-58 and suspend the reading of same. Motion seconded by Mr. Fleming. Jim Dougherty, Utilities Manager, came before the Council and explained the ordinance before them would enable the utilities billing office to apply the meter deposit to all past due water service fees and the balance to all past due sewer fees. Discussion ensued on what were homeowners suppose to do in a case where tenants moved out leaving unpaid utility bills and who was responsible for such. The Council agreed it was unfair to homeowners and felt the matter should be looked into further. Mr. Garretson moved to suspend the rules and act on Ordinance A-58 this evening. Motion seconded by Mr. Johnson and passed unanimously. Vote was taken on Ordinance A-58 which passed unanimously. Summer Sprinkling Rates - Mr. Dougherty spoke to the Council stating the city's summer sprinkling rates policy allowed homeowners to water their lawns without facing higher sewage rates. He said sewer relief will start July 25th and be for three months. Other Business Mr. Johnson distributed a memo to the Council with regard to an agreement forthcoming on the Carmel Dr., Keystone Way North project. Mr. Johnson explained the completion of work is based on whether the City takes over maintenance of Keystone Way and Medical Dr. in Keystone Square, and the sign variance owned by Wilson Plaza which is located on the island on Keystone Way North to be moved to the NE corner (McDonalds property) and the City enter into such agreement with the owners regarding the sign. Mr. Johnson stated the State of Indiana has agreed to place a "no right turn on red" on south bound Keystone at the completion of the project. Mr. Johnson produced another memo stating he had received a complaint from a citizen reporting a business is operating in a residential area and is continuing to defy the Development Departments warnings. It was the consensus of the Council that the matter should be taken to court. Mr. Johnson had been asked by Mrs. McMullen to express the need for input on an ordinance regulating temporary stands, such as vegetables, flowers, etc. The Council felt until an ordinance could be projected that no action should be taken against these stands at this time. There being no further business to come before the meeting, the same was duly adjourned at 9:56 P.M. APPROVED: ATTESTED: