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HomeMy WebLinkAboutCCM-10-04-93CARMEL CITY COUNCIL MINUTES MEETING MINUTES OCTOBER 4, 1993 7:00 P.M. COUNCIL CHAMBERS / ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Council members in attendance were Frank Fleming, James Quinn, Alan Potasnik, Tom Kendall, Luci Snyder and Christopher Painchaud. Tim Story was absent. City Attorney Gordon Byers and Clerk-Treasurer Susan W. Repp were also in attendance. The invocation was given by Councilor Quinn followed by the pledge of allegiance. Councilor Painchuad made a motion to APPROVAL OF COUNCIL MINUTES: approve the minutes of September 20, 1993. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Judy RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Hagan, 10946 Spring Mill Lane, solicited the Council's support in the form of a resolution for bike transportation consideration in Hamilton County's thoroughfare plan. Ms. Hagan explained that the county will be conducting public hearings beginning October 12th in an effort to re-do their thoroughfare plan and wanted bike transportation included in that plan. Councilor Potasnik made a motion to add this request to the agenda so action could be taken tonight. The motion was seconded by Councilor Kendall. All members voted aye. Councilor Potasnik then made a motion to write and send a resolution in support of bike transportation to be included in the County's thoroughfare plan. The motion was seconded by Councilor Quinn. All members voted aye. Councilor Quinn then made a motion to amend Potasnik's motion to include support for sidewalks. The motion was seconded by Kendall. Motion carried. After much discussion and upon consensus from the Council, Quinn withdrew his motion and Kendall withdrew his second. Councilor Painchaud called for the question. All members voted aye. Mayor Johnson stated he would prepare the resolution. Councilor Quinn made a motion to allow Don Harris to address the Council since Mr. Harris did not present his request to speak card prior to the start of the meeting. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Mr. Harris asked the City Council for help with a drainage problem in Brookshire and requested a re-grading effort by the City. Mayor Johnson stated the project was on the 1994 list but there was no money to do the work this year. Mayor Johnson also stated it would be done as soon as it could be done. Councilor Painchaud made a motion to add two AGENDA ADD-ONS: claims for payment to C.F. Jones for construction of the gazebo and a request for a transfer from the Clerk-Treasurer's office to the agenda. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Councilor Kendall made a motion to approve claims in the CLAIMS: amount of $366,056.15 dated 9-15-93, claims in the amount of $989,240.68 and two claims to C.F. Jones totalling $69,616. The motion was seconded by Councilor Potasnik. Councilor Quinn asked the Clerk if the claims to C.F. Jones had been sent through normal procedures in the clerk's office. The clerk stated they had not. Quinn moved to approve these two claims contingent upon the claims going through routine procedures. All members voted aye. Motion carried. SECOND READING OF ORDINANCE Z-283/AN ORDINANCE RECLASSIFYING THE COMMON ADDRESS OF 1032 SOUTH GUILFORD ROAD FROM AN R-1 DISTRICT TO AN R-4 DISTRICT/PETITIONERS, HILLS BUILDING AND CONSTRUCTION Councilor Painchaud SERVICES ON BEHALF OF EUGENE AND HAZEL TRUE: made a motion to approve Z-283. Councilor Quinn seconded the motion. Councilor Quinn called for the question. All members voted aye. Ordinance Z-283 passed unanimously. SECONDED READING OF ORDINANCE D-1022/AN ORDINANCE AMENDING CHAPTER 4, SECTION 4-26 OF THE CARMEL CITY CODE PERTAINING TO DOOR-TO-DOOR SOLICITATION BY ITINERANT MERCHANTS, SOLICITORS AND CANVASSERS: City Attorney Byers distributed a copy of the changes he had proposed in Ordinance D-1022 and stated he felt this ordinance struck a better balance between the rights of the vendor and the rights of the residents of Carmel. Byers said he also re-did the revocation process and made it conform to state statute. Councilor Quinn made a motion to postpone action on this ordinance until the next meeting allowing for time to consider all the changes proposed by the City Attorney. The motion was seconded by Councilor Painchaud. Councilor Painchaud made a motion to amend Quinn's motion to include Ordinances D-1024 and D-1025. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. PUBLIC HEARINGS: ORDINANCE Z-285/AN ORDINANCE RECLASSIFYING 8 (UNVACATED) LOTS WITH THE PLAT OF COLLEGE PARK, EAST OF VACATED PENNSYLVANIA STREET, SOUTH OF I-465, WEST OF COLLEGE AVENUE AND NORTH OF 96TH STREET FROM A S-2 DISTRICT TO A B-6 DISTRICT/PETITIONERS, PARKWOOD JOINT Councilor Painchaud moved to introduce Ordinance Z-285 VENTURE: and suspend the rules for reading of the same. The motion was seconded by Councilor Quinn. Mr. Philip Nicely, attorney representing Parkwood Joint Venture explained the reason for the request to the Council. After the presentation was complete, Mayor Johnson opened the meeting for a public hearing calling for any questions, comments or objections from the public. There being no objections or concerns, the public hearing was immediately closed. The Mayor then solicited comments and questions from the Council. After discussion by the Council, Councilor Painchaud moved to suspend the rules for a second reading and called for approval or Ordinance Z-285 tonight. The motion was seconded by Councilor Snyder. All members voted aye. Motion carried. Councilor Painchaud called for the question. All members voted aye. Ordinance Z-285 passed unanimously. SECOND READING AND PUBLIC HEARING ON ORDINANCE Z-287/AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 10-31 OF THE CARMEL CITY CODE BY REPEALING SECTION 22-0 THROUGH SECTION 22-5 OF THE CURRENT CARMEL CLAY ZONING ORDINANCES Z-160 AND REPLACING IN ITS ENTIRETY A Councilor Quinn made a NEW SPECIAL FLOOD HAZARD ZONING ORDINANCE: motion to approve Ordinance Z-287. Councilor Kendall seconded the motion. Mayor Johnson opened the meeting to a public hearing calling for comments, questions or concerns. Seeing none the Mayor immediately closed the public hearing. Councilor Quinn called for the question. All members voted aye. Ordinance Z-287 passed unanimously. SECOND READING AND PUBLIC HEARING ON ORDINANCE Z-286/AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 10-31 OF THE CARMEL CITY CODE BY AMENDING SECTION 3.7 AND 5.1.6 OF THE SUBDIVISION REGULATIONS AND SECTIONS 18.8.3, 20.2.3(Misnumber should be 30.2.3), 21.2.4, 21.2.5, 30.5.3 and 31.6.4 OF THE CARMEL CLAY Councilor Kendall made a motion to approve ZONING ORDINANCE Z-160: Ordinance Z-286. Councilor Quinn seconded the motion. Mayor Johnson and Councilor Painchaud gave a brief explanation of this ordinance. Mayor Johnson opened the meeting to a public hearing calling for comments, questions and/or concerns. Seeing none the Mayor immediately closed the public hearing. Mayor Johnson then called for the question. All members voted aye. Ordinance Z-286 passed unanimously. FIRST READING/ORDINANCE D-1027/AN ORDINANCE ADDING A STOP INTERSECTION AT THE CORNER OF WOOD CREEK DRIVE, WILLIAMS DRIVE AND Councilor Kendall made a WILLIAMS COURT IN KINGSWOOD SUBDIVISION: motion to introduce Ordinance D-1027 and suspend the rules for reading of the same. The motion was seconded by Councilor Quinn. Kingswood residents Beth Gallagher and Joanne Chaten spoke in favor of the ordinance. Ms. Gallagher stated she had given a petition, which contained over 100 signatures, to Councilor Kendall that supported the need for a stop intersection. Councilor Kendall made a motion to suspend the rules and act on Ordinance D-1027 tonight. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance D-1027 passed unanimously. FIRST READING/ORDINANCE D-1028/AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, SECTION 3-18 OF THE CARMEL CITY CODE ENTITLED ORDER OF Councilor Kendall made a motion to introduce Ordinance BUSINESS: D-1028 and suspend the rules for reading of the same. The motion was seconded by Councilor Potasnik. Mayor Johnson stated this ordinance called for reports from the Parks department and utilities on a monthly basis. Councilor Quinn asked of the reports could be made available in writing prior to the meetings. Johnson said that was intention to submit the reports in writing. Councilor Quinn immediately made a motion to suspend the rules and act on Ordinance D-1028 tonight. The motion was seconded by Councilor Kendall. All members voted aye. Mayor Johnson called for the question. All members voted aye. Ordinance D-1028 passed unanimously. RESOLUTION CC-10-4-93-1/A RESOLUTION TRANSFERRING FUNDS OF THE Councilor Quinn made a motion to adopt CARMEL CITY COURT: Resolution CC-10-4-93-1, a resolution transferring $145.00 from stationery and printing into recording fees for the court. The motion was seconded by Councilor Kendall. All members voted aye. Resolution CC-10-4-93-1 passed unanimously. RESOLUTION CC-10-4-93-2/A RESOLUTION TRANSFERRING FUNDS OF THE Councilor Kendall made a motion to adopt COMMUNICATIONS CENTER: Resolution CC-10-4-93-2, a resolution transferring $2,500 from full time salary into telephone and $45.00 from bottled gas into equipment lease and rental. Councilor Snyder seconded the motion. Discussion ensued among the Council concerning the number of transfers the Communications Center has been requesting this year. The Mayor stated that in 1992 when the budget was made for the year 1993, everyone was new and didn't know the true needs of the Communications Center and the Center only had a 6 months history on the bills. Mayor Johnson called for the question. All members voted aye. Resolution 10-4-93-2 passed unanimously. RESOLUTION CC-10-4-93-3/A RESOLUTION TRANSFERRING FUNDS OF THE Councilor Fleming moved to CUMULATIVE CAPITAL IMPROVEMENT FUND: adopt CC-10-4-93-3 transferring $10,000 from the sidewalk construction line item into the engineering/sidewalk line item within the Cumulative Capital Improvement Fund. The motion was seconded by Councilor Snyder. Mayor Johnson called for the question. All members voted aye. Resolution 10-4-93-3 passed unanimously. RESOLUTION CC-10-4-93-4/A RESOLUTION TRANSFERRING FUNDS OF THE Councilor Quinn moved to adopt CC-10-4- CLERK-TREASURER'S OFFICE: 93-4 transferring $300 from insurance into office equipment and $2000 from publication of legal notices into office equipment. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All members voted aye. Resolution 10-4-93-4 passed unanimously. Rick Conner, REQUEST FOR DISCUSSION/NOBLESVILLE HOUSING AUTHORITY: Commissioner of the Noblesville Housing Authority addressed the Council and asked for their consideration of a resolution which would grant jurisdiction to the Noblesville Housing Authority county-wide. Much discussion followed by the Council. Councilor Snyder stated she felt it impossible to consider such a request of this magnitude when they just distributed the resolution. Councilor Snyder recommended the Council take their request under advisement and when and if they wanted to take action they would request it be put back on their agenda. Councilor Quinn so moved. All members voted aye. Motion carried. CONFLICT OF INTEREST STATEMENT/CLERK-TREASURER SUSAN W. REPP: Mayor Johnson introduced the conflict of interest statement on behalf of the Clerk-Treasurer for the record. Councilor Kendall signed the statement as President of the Council. There being no further action before the Council the meeting was adjourned. Respectfully submitted, ______________________________________ Susan W. Repp, Clerk-Treasurer Approved: ______________________________________ Ted Johnson, Presiding Officer ATTEST: _______________________________________ Susan W. Repp, Clerk-Treasurer