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HomeMy WebLinkAboutCCM-10-18-93CARMEL CITY COUNCIL MEETING MINUTES Date: October 18, 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 present were Frank Fleming, James Quinn, Alan Potasnik, Luci Snyder, Thomas Kendall, Christopher Painchaud and Tim Story. 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. Mayor Johnson, PROCLAMATIONS/PRESENTATION OF KEY TO THE CITY: through a proclamation, declared the week of October 21, 1993 as UN Awareness Week. Mayor Johnson presented a key to the City to citizen Darrell R. Jensen for his efforts in saving two young girls from molestation by a man in the Meadowlark Park. Councilor Quinn made a motion to approve the APPROVAL OF MINUTES: minutes of October 4, 1993. The motion was seconded by Councilor Kendall. Councilor Quinn offered an amendment to the minutes asking that in paragraph 7 on page 1 the sentence, "All members voted aye." be removed from the text. The motion was seconded by Councilor Kendall. All members voted aye. Councilor Kendall made a motion to approve the following CLAIMS: claims. The motion was seconded by Councilor Story. All members voted aye. Motion carried. September 22, 1993 $45,275.78 September 29, 1993 $353,344.40 October 7, 1993 $776,070.90 October 14, 1993 $365,716.07 September 30, 1993 $1,000,000.00 September 29, 1993 $6,000,000.00 September 28, 1993 $3,000,000.00 Park board member, Mark Damer requested COMMITTEE SPECIAL REPORTS: a communications format between the Park Board and the Council. Councilor Quinn stated it was the Mayor's idea to have a monthly report and that he should discuss the format with the Mayor. The Mayor said he just wanted to open communications between the Park Board and the Council and any format or anything the board felt important should be brought before the Council on a once a month basis. Damer went on to announce the Halloween celebration planned by the Park Board. Gordon Byers gave a brief summary of a petition filed before the FCC on October 13, 1993 to allow certification and regulation of basic cable rate TV service. Byers stated he did this to preserve the authority of the Council to regulate these types of matters and since the freeze on rates would be lifted on November 15th, this certification had to be filed in a timely manner to allow the Council the authority to regulate the rates. Byers stated he would be giving another report in the next 30 days about what options would be available to the Council. Councilor Quinn moved to suspend the rules and allow the introduction of school Superintendent Stephen Tegarden. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Tegarden addressed the Council and stated he was just observing. SECOND READING OF ORDINANCE D-1022/DOOR TO DOOR SOLICITORS LICENSE: Councilor Painchaud made a motion to amend the ordinance on page 2, second to the last paragraph, which is entitled, "Restrictions". Painchaud wanted the language "relating to the license or its use" inserted in this paragraph. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. Councilor Painchaud also wondered about the language used in the right to revoke a license because someone was "rude". Byers stated that since the ordinance allowed for an appeal procedure that due process would be served to the license holder. Councilor Painchaud then made a motion to amend the ordinance on page 3, Section (c) to read as follows: "Denial or revocation of a license by the Clerk-Treasurer and the Executive of the City shall entitle the applicant, upon written request within seven (7) days of the issuance of the denial or revocation, to appeal the decision to the next regularly scheduled meting of the Carmel Board of Public Works and Safety." Councilor Quinn seconded the motion. No discussion took place. All members voted aye. Motion carried. Councilor Story made a motion to amend the ordinance on page 2 concerning the times for soliciting. Story offered an amendment to change the times from April 1 to October 31, 10:00 a.m. to 6:00 p.m. and from November 1 to March 31, 10:00 a.m. to 5:00 p.m. The motion was seconded by Councilor Painchaud. Much discussion took place regarding the times for solicitation and the differences between a solicitor and a vendor. City Attorney Byers suggested that other communities that restricted the times were sometimes challenged in court. Byers stated it was difficult to balance the rights of the homeowners and the free speech right, however, he felt that since there was an appeal process in the ordinance that everyone's rights were being protected. Byers also said it was often difficult to separate the difference between a vendor and a solicitor but felt the proposed ordinance did define who should be licensed and who should not because the ordinance speaks to those individuals who are merchandising, promoting or brokering products or property for the profit of the general public. Those groups that only solicit opinions would be exempt from the ordinance. A voted was taken on the amendment. Councilors Painchaud, Snyder, Kendall and Potasnik voted nay. The amendment did not pass. Councilor Quinn then moved to change the times from April 1 to October 31 from 10:00 a.m. until 7:00 p.m. and from November 1 to March 31 from 10:00 a.m. until 6:00 p.m. The motion was seconded by Councilor Story. Councilors Potasnik, Kendall and Snyder voted nay but the motion carried by a majority vote. Councilor Kendall made a motion to amend page 3 in Section (vii) where it says the Clerk-Treasurer "sees" more than one verifiable complaint to "receives" more than one verifiable complaint. This motion was a result of suggested verbiage by the City Attorney. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Kendall asked Byers if that language couldn't be construed as the Clerk-Treasurer has to actually, physically see the violation. Byers stated this was the language suggested by the Clerk-Treasurer and it was the intent of the language to mean that the verifiable complaint would be reported to the Clerk-Treasurer and that it was a complaint that could be confirmed by actually talking to an individual or resident. Kendall then asked that the above comments made by the City Attorney be included in the minutes. The Mayor asked Kendall if this meant Byer's comments on Section vii. Kendall said yes. Councilor Potasnik made a motion to amend the ordinance on page 2, Section (4) to read as follows: "Each vendor shall openly display upon his person while engaging in door-to-door sales activity and I.D. card issued by the Clerk-Treasurer." Councilor Potasnik, in the same motion, asked to strike Section (c) paragraph (2). The motion was seconded by Councilor Painchaud. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance D-1022 passed unanimously. Councilor SECOND READING OF ORDINANCE D-1024/TAXI-CAB LICENSE: Potasnik made a motion to amend Ordinance D-1024 under the Section 4-53 entitled, Penalty to read as follows: "Any person, corporation, partnership, licensee, applicant, or driver who violates any provision of this ordinance shall be subject to a fine of One Hundred Dollars ($100.00) per day up to a maximum of Two Thousand Five Hundred Dollars ($2,500.00). Councilor Snyder seconded the motion. All members voted aye. Motion carried. Councilor Painchaud called for the question. All members voted aye. Ordinance D-1024 passed unanimously. SECOND READING OF ORDINANCE D-1025/GOVERNING FEES, AND LICENSES IN Mayor Johnson commented on Ordinance D-1025 concerning GENERAL: Section 4-5, Payment of Fees and the payment of licenses and/or permits in cash and asked the Council to not apply this particular section to the utility company. Councilor Quinn moved to amend the ordinance under Section 4-5, Payment of Fees to read as follows: "The fees required to any license or permit issued by the Clerk- Treasurer of the City of Carmel, shall be paid in cash and shall be paid before the granting of the license or permit. No fee paid shall be refunded, in part or in full, unless the license or permit is denied." The motion was seconded by Councilor Painchaud. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance D-1025 passed unanimously. PUBLIC HEARING/ANNEXATION OF SHADYBROOK/FIRST READING OF ORDINANCE Councilor C-168/PETITIONER TMF, LTD -RALPH MORGAN-GENERAL PARTNER: Quinn moved to introduce Ordinance C-169 and suspend the rules for reading of the same. The motion was seconded by Councilor Painchaud. James Nelson, attorney for Ralph Morgan, presented the request for annexation of Shadybrook. Nelson stated the Plan Commission and the Board of Public Works had given a favorable recommendation for this annexation. This development would be a single family residential neighborhood containing 56 homesites. Shadybook is located north of 99th Street and east of Keystone Avenue. Councilor Quinn moved to suspend the rules and act on C-169 tonight. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance C-169 passed unanimously. PUBLIC HEARING OF RE-ZONE OF 10605 BELLEFOUNTAIN FROM R-1 TO B- Councilor Fleming made a 2/FIRST READING OF ORDINANCE Z-288: motion to introduce Ordinance Z-288 and suspend the rules for reading of the same. The motion was seconded by Councilor Kendall. All members voted aye. Ms. Ann Inman, petitioner, explained the reason for the request. Ms. Inman stated she and her two sisters wanted to use their mother's residence as a ceramics studio. Ms. Inman went on to explain that the houses around this home were zoned B-2 and that Plan Commission gave a favorable recommendation for the re-zone. The Mayor opened the meeting to the public for a hearing calling for questions, comments and/or objections. Seeing none, the Mayor closed the public hearing and opened the floor for discussion and questions by the Council. The second reading will be held on November 1, 1993. Withdrawn FIRST READING OF ORDINANCE D-1029 ENTITLED NO SMOKING: from the table by Councilor Quinn. Councilor Quinn made a TRANSFER OF FUNDS/CARMEL FIRE DEPARTMENT: motion to approve the following transfers for the Carmel Fire Department. The motion was seconded by Councilor Painchaud. All members voted aye. Motion carried. Resolution: CC-10-18-93-1 $200 from 313 to 311 CC-10-18-93-2 $1500 from 407 to 314 CC-10-18-93-3 $1500 from 631 to 509 CC-10-18-93-4 $750 from 450 to 390 There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ________________________________ Susan W. Repp, Clerk-Treasurer Approved: _______________________________ Ted Johnson, Mayor ATTEST: _________________________________ Susan W. Repp, Clerk-Treasurer