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HomeMy WebLinkAboutCCM-09-06-89Carmel City Council Meeting Minutes September 6, 1989 7:00 P.M. Carmel City Meeting Hall The meeting of the Carmel City Council was called to order by Mayor Dorothy Hancock. Council members present were Minnie Doane, Alan Potasnik, Annabelle Ogle, David Adams, Frank Fleming and Tom Irvin. The invocation was given by Councilor Doane followed by the Pledge of Allegiance. Councilor Lonzo made a motion to approve the minutes of MINUTES: both August 21 and August 28, 1989. Councilor Irvin corrected the minutes in the paragraph regarding a Resolution for Investment of Funds to show that Councilor Doane seconded the motion and not Councilor Potasnik. Councilor Potasnik seconded the motion and all members voted aye. Motion carried. Councilor Lonzo made a motion to JONES INTERCABLE TV/RADAR WEATHER: add Jones Intercable TV to the agenda. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Steve Randall of Jones Intercable stated that they will purchase the radar weather equipment as a service to the community. The City Council applauded the efforts and generosity of the Cable TV franchise. Councilor Lonzo PUBLIC HEARING/ORDINANCE D-607/OUTDOOR BURNING: made a motion to introduce Ordinance D-607 and suspend the rules for reading of the same. Councilor Potasnik seconded the motion. All members voted aye. The Mayor opened the hearing to the public. Bruce Allen, 1117 Hillcrest, Cool Creek Addition. Mr. Allen has a 9 year old daughter with severe allergies and also has a neighbor who feels it is his God given right to burn whatever and whenever he wants. Mr. Allen spoke against the ordinance in theory but understood the need. Mr. Allen felt the ordinance should be amended to make it easier for police and fire to enforce. Mr. Allen made suggestions to the ordinance for better enforcement. Mr. Allen went on to say that the way the ordinance is written, it will have no benefit to his family. Suggested that the Council strike B-1-e eliminates judgement call of person enforcing the ordinance as to if it is a nuisance. Also B-2-C needs to also be stricken. Mr. Allen stated is was looking out for daughter's right to breathe. Councilor Potasnik stated that most of the contents of the ordinance were taken from the state statute. Councilor Potasnik asked Mr. Allen if he would be happy with striking B-2-C and leave in B-l-e. Mr. Allen appreciated that the Council was trying to do something about the problem. Freda Allen Wood, 154 Audubon Drive. Has hundreds of trees. Asked the Council if she could burn her leaves in her fireplace in the back yard? Ms. Wood stated it wouldn't be practical to bag all her leaves. Mrs. Wood stated it would take millions of bags. Councilor Lonzo stated that under the proposed Ordinance, she would still be able to burn but she would have to have a screen and not become a nuisance. Councilor Potasnik stated it was not only the container that was an issue but Mrs. Wood would have to follow all the rules on page 2 of the ordinance. John Zeller, Orchard Park Addition. Mr. Zeller testified to the Council that you don't have to be a little girl to have breathing problems. Mr. Zeller suffers with a breathing problem and is against leaf burning totally. Phyllis Hughes of Altum Drive has two daughters who suffer with breathing problems. Mrs. Hughes said she had talked to an official at State level and his concern was also with enforcement of this ordinance. Mrs. Hughes stated she was against burning totally but understands the need to burn. Wants to see more enforcement of the burning violations should they occur. Bill Jackoskey, Circle Drive, resident 35 years. Stated that he does burn his leaves because there is no alternative to getting rid of the leaves. Mr. Jackoskey asked the Council to adopt an attitude that can help residents rather than hurt them. Mr. Jackoskey testified he was not in favor of ordinance. Mr. Jackoskey wants Carmel to form committee to check into the possibility of another means of disposal. Councilor Lonzo stated that a committee was formed and has met several times and that he most certainly had the best interest of the community at heart when he drafted this Ordinance. Councilor Lonzo went on to state that people's lives were more important than burning leaves. Ray Brining, Circle Drive. Similar problem to Mr. Jackoskey. Has looked into all possibilities for disposal. Hasn't found anything that will work. Opposed to a ban on burning altogether. Needs to define nuisance in the ordinance. It's a judgement call. Hearing no other testimony on Ordinance D-607 the Mayor closed the hearing to the public and opened it to the Council for their comments. Councilor Irvin stated he was in favor of banning all burning but realizes it is not reasonable at the present time. Better than anything we have had or anything we have got. We need to look into the alternatives of disposing leaves. Look to future for another means of disposing leaves. Councilor Adams echoed Councilor Irvin's feelings. Moved towards a ban on all burning for the future. Councilor Adams voiced his concern, page 2, Section C...definition of nuisance. Councilor Adams proposed and amendment to Ordinance D-607 in the form of a motion: "a nuisance shall be defined so as to include a complaint regarding burning from any downwind property owner or occupant." Councilor Lonzo seconded the motion. All members voted aye. Motion carried. Councilor Potasnik addressed the issue. Councilor Potasnik stated he was in favor of the amendments and sympathizes with Mr. Jackokey. Councilor Potasnik went on to state that if it would be up to him he would ban all burning. Sees no purpose. Should be picked up and not be burned. Very expensive to the taxpayers. We don't ask the City to plow our drive ways. Testimony is evenly split. Burning is not acceptable. Councilor Lonzo apologized to the Council for not getting more direct information to other members on alternatives to burning. Councilor Lonzo stated the committee looked into purchasing a leave sucker. Cost was $17,000. The leaf sucker was a 65 horsepower grinder and is pulled behind a city dump truck. Councilor Lonzo stated he had checked with Noblesville. Said it was the worst mistake the City has ever made. Machine breaks down on an average of two to three times a week and residents constantly put things into the pile of leaves that are forbidden, causing damage to the equipment. Councilor Lonzo also stated that he looked into the possibility of having the leaves hauled away by private contractor. The cost would be approximately $2000 to $3000 per day or $60,000 per season. Not fair for taxpayers to pay that tab for cost for people who had wooded lots. Councilor Lonzo at that time then suggested, in the form of a motion the following amendments to Ordinance D-607: Amendments: State level - all references to Title 325 to administrative code to Title 326. Councilor Adams seconded the motion. All members voted aye. Motion carried. Large letter (A) Application - striking "commercial or". Councilor Potasnik seconded the motion. Commercial already needs a permit. All in favor. Motion carried. Lee Lonzo made a motion to take out all references to "waste oil burning" B-l-f and 2-(d). Dave Adams seconded the motion. In order to have waste oil burning you must have a pit. Makes it confusing. Doesn't change meaning of ordinance. All in favor. Motion carried. Councilor Irvin and Councilor Lonzo had concerns on pockets of areas that are not annexed into the City. Hopefully in the next few years that will be taken care of and eliminate those problems. County not interested in going along with this ordinance and pass it at County level. Jordon Woods one of the worst areas for burning. Perhaps could take care of through zoning ordinances. Councilor Lonzo made a motion to suspend the rules and pass on Ordinance D-607 tonight. The motion was seconded by Councilor Potasnik. The motion was defeated as Councilor Fleming voted nay. Councilor Fleming stated he wanted a "clean" copy of the ordinance before he voted on it. Final vote on September 18, 1989. Alan Potasnik gave a brief report on the Committee Reports: Comprehensive Plan Update. Getting public input. Survey has been completed on public survey. September 12th would be the next meeting. Councilor Potasnik also gave a report on the Annexation committee - met with Wes Bucher and staff. Beginning to arrange a procedure to begin to start filing in gaps and/or pockets of land within the city limits that are not yet annexed. Alan Potasnik gave a report from the Technical Committee - Phase II Civic Square and Communications Center. County council has passed 40 cent rate for 911 Center per line charge per month. Tentative date to move dispatch to Fi re Station is sometime in October. December 6th is the target date for the 911 to go on line or perhaps Christmas. Bids for tower will be going out soon. Announcements - City Attorney Andrews stated that Westfield voted to deregulate it's water utility. Councilor Irvin asked about "loop hole" for height requirements for buildings in certain business zones. Would like to see that ordinance be changed or amended. Council needs to push towards getting that ordinance changed. Steve Andrews stated it would have to come from Plan Commission - recommendation on height requirements. Councilor Potasnik addressed ADLS/change in height requirements. Felt that it might have merit. Time frame reference is possibly ill timed because of the comprehensive plan update. Entire zoning ordinances are so filled with loop holes/address entire ordinance. Doesn't want to piece meal. Out dated and should look at big picture. Needs to be recodified. He feels that enough members of Plan Commission want to see this happen. Once Comprehensive Plan Update is completed then the zoning ordinance recodification can be done. Mayor Hancock stated that zoning is now in the process of being recodified. Trying to bring it altogether right now. Mayor Hancock as did other members of the Council, welcome Annabelle Ogle to the Council. There being no further business before the City Council the meeting was adjourned. APPROVED: Lee R. Lonzo ATTEST:Susan W. Jones, Clerk-Treasurer