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HomeMy WebLinkAboutCCM-03-05-84 MINUTES OF THE CITY COUNCIL MEETING MARCH 5, 1984 The meeting of the City Council was called to order by Mayor Reiman at 7:00 pm on March 5, 1984 with Council members Fleming, Garretson, Johnson, Doane, McMullen and Solaro in attendance. Also present were City Attorney Lee Lonzo and Asst. Clerk-Treasurer Terri Hiatt. Invocation was given by Miss Doane followed by the Pledge of Allegiance. Mrs. McMullen made a motion to approve the minutes of Feb. 6. Motion seconded by Mr. Johnson and passed unanimously. Old Business Ordinance D-398 - Fringe Benefit Ordinance - Following discussion by Council and Mayor Reiman concerning the changes being made on the Ordinance, Mr. Garretson made a call for the question. Vote was taken on Ordinance D-398 which passed unanimously. New Business Carmel Cab Company - Mayor Reiman explained to the Council that the Carmel Cab Co. Was operating out of a residence of 220.5 Second Ave. N.E., this address being a residentially zoned area. The Mayor explained that she had tried administratively to work out the problem with the owner of the Company, Mr. William Lambert but found it necessary to bring it to the Council. Council received a copy of a letter from the owner of this same property, Mrs. Ellen B. Leftwich, to its occupants giving written notice to remove the Carmel Cab Co. operation immediately or face further action. Mr. Johnson addressed the Council and stated on first application after ordinance was passed, the Carmel Cab Co. would operate out of a building on Main St., but since moved to the address 220.5 Second Ave. N.E. Mr. Ray Faust, legal counsel representing Mr. William Lambert, Carmel Cab Co., came before the Council and addressed the situation of the Carmel Cab Co. working out of a residence at 220.5 Second Ave N.E., which is the residence of one of the drivers, takes limited dispatching and a rest area for drivers between runs. Mr. Joe Rogers, 210 Second Ave. N.E., Mrs. Joyce Rogers 210 Second Ave N.E. and Mrs Dorothy Lockhart 221 Second Ave. N.E., spoke to the issue expressing their feelings with the Carmel Cab Co. taking up much of the parking along Second Ave and causing them quite an inconvenience in getting to their own homes. Mr. Chuck Kiphart, Dept of Community Development, stated that running a cab company is not a home occupation as allowed under the City's zoning ordinance and that taxi cabs do indicate from an outside appearance that a commercial business is taking place within said residence. Mr. Johnson pointed out the Carmel Cab Co. was in violation of the City Code in that they do not display their license nor their rates and the code has a penalty attached per $100 a day for violations. Following discussion, Mr. Garretson made a motion that the Council recommend to the Mayor to direct the City Attorney to write a letter to William Lambert, Carmel Cab Co., informing him that if by April 2, 1984 they are not in full compliance with the city ordinances, this Council will move to revoke their licenses. Motion seconded by Mr. Solaro and passed unanimously. Ordinance Z-200 - Rezone of Max Hodson Property - Mrs. McMullen made a motion to introduce ordinance Z-200 and dispense with the reading of same. Motion seconded by Mr. Johnson. Mrs McMullen explained to the council this was going from a S-2 to a B-7 zone, and consisted of 3 lots east of Penn Rd. on the south side of the street. Mayor Reiman opened the meeting for a public hearing. There being no one to speak, the public hearing was then closed. Mr. Garretson made a motion to suspend the rules and act on the Ordinance Z-200 this evening. Motion seconded by Mr. Johnson and passed unanimously. Vote was taken on Ordinance Z-200 which passed unanimously. Ordinance D-400 - Additional Appropriations - Mrs. McMullen made a motion to introduce Ordinance D-400 and dispense with the reading of same. Motion seconded by Miss Doane. Mayor Reiman explained to those present that these funds being appropriated were taken from the budgets. Mayor Reiman then opened the meeting for a public hearing. There being no one to speak, the public hearing was then closed. Mr. Garretson made a motion to suspend the rules and act on the Ordinance D-400 tonight. Motion seconded by Mrs. McMullen and passed unanimously. Vote was taken on Ordinance D-400 which passed unanimously. Ordinance D-399 - Recodification Update - Mrs. McMullen made a motion to introduce D-399 and dispense with the reading of same. Motion seconded by Miss Doane. Ordinance C-89 - Annexation of Springmill Properties - Mrs. McMullen made a motion to introduce Ordinance C-89 and dispense with the reading of same. Motion seconded by Miss Doane. Dave Coots, Atty for the petitioner came before the Council and explained the annexation was necessary to get the Beverly Project property annexed to the City. He stated this was undeveloped land. Mr. Garretson made a motion to suspend the rules and act on Ordinance C-89 tonight. Motion seconded by Mr. Johnson and passed unanimously. Vote was taken on Ordinance C-89 which passed unanimously. Ordinance C-90 - Annexation Brentwood Section II - Mr. Garretson made a motion to introduce Ordinance C-90 and dispense with the reading of same. Motion seconded by Mr. Johnson. Mayor Reiman stated this was the south section of Brentwood which was once Recherche, being lots 15 through 20. Mr. Garretson made a motion to suspend the rules and act on Ordinance C-90 this evening. Motion seconded by Mrs. McMullen and passed unanimously. Vote was taken on Ordinance C-90 which passed unanimously. Requests for Additional Appropriations - (a) General Fund - The Council was in receipt of a copy of a letter from BZA/Plan Comm. Attorney Steve Andrews. The Clerk-Treasurer had sent a memo to the council explaining that no action was taken to appropriate additional funds regarding special litigation. Some of the fees were paid from "Other Legal Expenses" but additional monies are due Mr. Andrews and she was requesting $3500 be appropriated into the Attorney budget for special litigation. (b) Cumulative Capital Sewer Fund - The Council was in receipt of a letter from Mr. Silvey of HNTB stating HNTB had reviewed the estimated cost to study the reconstruction of storm sewers in the older section of the City. An estimated amount being $11,500 to prepare a report recommending improvements. (c) Mr. Silvey's letter also stated Keystone Ave. and Carmel High School an estimated cost being $5200 to come from Local Road and Street Fund. Mr. Garretson made a motion to instruct the Clerk-Treasurer to advertise for the various amounts mentioned and come back to the Council with an ordinance as soon as possible. Motion seconded by Mr. Fleming and passed unanimously. State of the City '83 - Mayor Reiman had previously mailed out her State of the City address to each of the Council members. Mr. Solaro complimented Mayor Reiman on a well written report and asked if the fire equipment the City now owned was adequate to handle all the new construction going up in the City. The Mayor stated that each new building that goes up is required to have up-to-date fire protection systems. The Mayor went on to say that the City was in close relations with the City of Lawrence who had an aerial ladder equipped truck that could be available to us. Other Business Mr. Garretson informed those present that he had met with two professors at Ball State, Dept of Educational Planning, who were using second year students to come up with concepts of how the City's 13.5 acres could function as a governmental center beginning with the fire department. Mr. Johnson stated that he had received a copy of a letter written to the District Traffic Engineer from the City Engineer with regard to the Carmel Dr. And St. Rd. 431 intersection, asking the State for a no right turn on red sign. Mr. Johnson also stated he had received a letter from the City Engineer regarding the 116th St. and Gray Rd. traffic count, in that dates had been set to proceed with the procedure. Mr. Johnson asked that the Council draw up a resolution honoring Dr. Freeman, who served the City for several years and has retired and moved out of state. Mrs. McMullen informed the Council that the H.E.L.P. organization was having a fund raiser on Friday, March 9, 1984, the public being invited. There being no further business to come before the meeting, the same was duly adjourned at 8:55 P.M. APPROVED ATTEST