Loading...
HomeMy WebLinkAboutCCM-05-07-90CARMEL CITY COUNCIL MEETING MINUTES MAY 7, 1990 7:00 P.M. CARMEL CITY MEETING HALL The meeting was called to order by Mayor Dorothy J. Hancock. Councilors in attendance were Lee Lonzo, Annabelle Ogle, Tom Irvin, Frank Fleming, President Alan Potasnik and David Adams. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. The Pledge of Allegiance was recited. Councilor Lonzo presented the Carmel High School boys' swim team with a plaque to honor their achievement for winning the State championship. Mayor Hancock presented a key to the city to city employee David Dye for his efforts above and beyond the call of duty. Mr. Dye heard citizen Helen Mueller scream for help after she had injured herself from a fall she had taken in the early morning hours. Mayor Hancock then read a proclamation honoring CHS students during Student Leadership Week. The Mayor explained the "shadow" program that would be taking place during the Council meeting. Each Council member, City Attorney, Clerk-Treasurer and Mayor had a student sitting with them as a "shadow." Each elected official introduced their student "shadow". They were: Chad Pittman, Lisa Pellegrin, Nate Hinerman, Jesse Newman, Katie Morris, Ginger Faerber, Heather Leary, Andy Schaaf, Katie Durham and Jenny Mills. Councilor Potasnik made a motion to correct the minutes as MINUTES: follows: Page 3 - the third paragraph shows that Councilor Potasnik made both the motion and seconded it and it was Councilor Potasnik's belief that Councilor Lonzo did in fact, second the motion. Page 4 - the third paragra ph from the bottom, Councilor Potasnik wanted to insert words that would clarify the intent of a letter from former EDC member Vaughn Story and that the intent of the letter was to state where the EDC funds came from and how the EDC came into being and that a legal trail had been left to show how these EDC funds were to be used. Also on the same page, under Ordinance D-641 (Disbanding of the EDC), Councilor Potasnik wanted the minutes to reflect that a final vote was taken. On the next page, the top paragraph, Councilor Potasnik wanted the word "betterment" changed to "promotion" and then, continuing down, the motion to suspend was carried and there was a final vote taken. Councilor Ogle asked about Ordinance D-644. She stated that her notes showed that Ordinance to be D-643. The Clerk-Treasurer stated she would check on that. If it needed to be changed, she would do so, she said. Councilor Potasnik made a motion to approve the minutes as amended. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Potasnik made a motion to change the word "he" to "she" in the Special meeting minutes of April 30, 1990, under the heading of Excise Tax/Possible Shortfall. Councilor Irvin made a motion to approve the minutes of the special meeting as amended. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. ORDINANCE D-635/THE CATASTROPHIC MEDICAL LEAVE BANK/SECOND READING: Councilor Potasnik asked about the new sections on page 3, number 4 and wondered if that was the direction the Council wanted to go with this. Councilor Potasnik had concern over the duties of the administrator in doing the assessment of sick days rather than the Clerk-Treasurer. Discussion concerning this matter took place. Councilor Potasnik felt it should be under the duties of the Administrator under Section 2-C. Councilor Lonzo suggested that under paragraph 4 that after the word "Administrator." that everything should be struck from that point on. Councilor Lonzo put that in the form a motion and it was seconded by Councilor Adams. All members voted aye. Councilor Irvin made a motion to approve Ordinance D-635 as amended. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-635 passed unanimously. Councilor REQUEST FOR LOADING ZONING/DAD'S CLUB/30 WEST MAIN: Fleming addressed the request on behalf of the Dad's Club. Councilor Potasnik stated that he would go along with this request with the stipulation that the loading zone would only stay at that location as long as the Dad's Club occupies the building and that it did not block egress and ingress to the building. Councilor Adams made a motion to direct the City Attorney to draft an ordinance for a 15-minute loading zone at 30 West Main and bring it back at the next Council meeting for a first reading. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Ordinance D-648/ADDITIONAL APPROPRIATION HEARING/CUMULATIVE CAPITAL Mayor Hancock explained the reason for IMPROVEMENT FUND/$181,300: this request. The Mayor stated the $62,300 for the Salt Barn Construction was only done to correct the budget last year where it showed it was for sidewalks but should have stated salt barn construction. The $119,000 would be used for land acquisition. Councilor Potasnik made a motion to introduce Ordinance D-648 and suspend the rules for reading of the same. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Mayor Hancock opened this hearing to the public asking for any questions, comments or objections. Mr. Ted Johnson, 317 Concord Lane asked the Mayor where this property was located and the purpose for this property acquisition. The Mayor explained that the property was located on the west side of Rangeline Road between CSI and the Lukes Insurance Building. The property was connected to the Civic Square property and could be used as an entrance or exit for the back parking lot. There being no further questions, the Mayor closed the public hearing and opened it to the Council for questions or objections. Councilor Potasnik asked for a clarification on which fund and whose budget this appropriation would fall under and, also, where sidewalk money would come from. The Mayor stated the salt barn would come from CCI and not from street commissioner Dave Klingensmith's budget and sidewalk money would come from the Cumulative Capital Development fund rather than CCI as it has in the past. Councilor Lonzo made a motion to suspend the rules and act on D 648. The motion was seconded by Councilor Irvin seconded the motion. All members voted aye. Motion carried. The Mayor called for the question. All members voted aye. Ordinance D-648 passed unanimously. ORDINANCE D-649/ADDITIONAL APPROPRIATION HEARING/LOCAL ROADS AND Mayor Hancock outlined the request for STREETS FUND/$175,000: $175,000 from the Local Roads and Streets Fund. She stated she was requesting $120,000 for 116th and Gray Road construction, $15,000 for 116th and Gray Road engineering, $30,000 for 116th Street engineering and environmental impact study and $10,000 for 126th Street Extension engineering. Councilor Irvin made a motion to introduce Ordinance D-649 and suspend the rules for reading of the same. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Before the Mayor opened the public hearing she announced that she was forming a committee of Carmel residents and homeowners association representatives to study the proposed project. The Mayor stated that the Associations would appoint their own representative to serve on this Committee. There would be no time limit set for this committee to complete its work. The Mayor opened the hearing to the public for questions, comments or objections. Chris Painchaud, Rolling Springs Drive, spoke in opposition to spending any more money on 116th Street for engineering and for an environmental impact study until such time as the City had a specific plan in mind. Mr. Painchaud asked the City to direct the money for engineering on 96th, 106th or 146th. Mr. Painchaud stated residents are being told there are options on projects for 116th hut he felt it was a done deal. Tom Kendall, Brookshire, echoed Mr. Painchaud's remarks. Mr. Kendall spoke in opposition of spending the $30,000 for engineering and environmental impact study on 116th Street. Mr. Kendall also went on to say that at the first meeting he attended that plans, he assumed the City had paid for, were displayed that showed a four lane road project with a boulevard. Mr. Kendall also informed the Council that a petition would be presented to the Council at their June 18th meeting asking for consideration of a three-lane project with one lane east, one lane west and a grassy, concrete partition with access for a center turn lane. Mr. Kendall also asked that if nothing had been done, why were the Ellers shown a 4 lane with boulevard project which would dissect the multi-generation-owned farm. Mr. Kendall stated he felt the entire presentation was a charade and that it was his opinion that the 4-lane project with a boulevard was the preferred plan for the Mayor and that the public meetings were only being used to drum up support of the project rather than listening to the input of the residents and homeowners in the area. Mr. Kendall asked the Council to not waste any more of the taxpayers' money on the wrong solution. Mr. Kendall asked for the Council to consider the following seven items. 1. To please keep in mind why so many people selected Carmel as their home. 2. To keep commercial deve lopment in well-defined commercial areas. 3. To not waste any more of the taxpayers money on this four or five-lane project. 4. To look at all costs but to go beyond all studies and consider the needs of the people. 5. T o consider the cost of this project to the environment and to the trees. 6. To consider the monetary-cost. The cost of right-of-way and the cost of the four- or five-lane project. As opposed to the cost difference of the three lane project and that perhaps the savings could be used on parks, schools, etc. 7. To mandate the Mayor to study all options and make those studies available to the public. To hold additional meetings for the public and for the Mayor to work within an appropriate budget for all the road projects. The Mayor then stated she felt the public had objections to the $30,000 for the engineering and the environmental impact study on 116th Street and asked the Council if they would like to strike it from the appropriation request. Councilor Lonzo made a motion to remove the request for the $30,000 until a report was received from the committee. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Mr. Lewis Liggett, Bradford Place questioned the Mayor about the appropriation for the construction of 116th and Gray Road and asked the Mayor to explain the geographical area of the project. The Mayor stated that this money would be used for the City's portion of the project and may not even be needed this year. The Mayor went on the say that with the schedule it is on now, it may not be ready for bid until November and construction not until next spring. The geography of the project would be on the northside of 116th to the bridge, if you are travelling south on Gray Road. The bridge will stay the same and the road will be moved slightly to the east and cross the field that is directly across the intersection where it is now at the "T" in front of the little yellow house. On the east-west part of the project, the Mayor stated that on the west side it would start tapering and would be in the area of the Morgan property and head east and on the other side of the intersection it would be before you get to the next bridge. Mr. Liggett felt that the intersection was very unsafe and would hope this construction would, in fact, create a safe area to travel but hoped this project would not serve as a template for what else it going to be done on the rest of 116th Street. Mr. Liggett supported earlier comments from other Woodbrook parents and would not be in favor of a four- or five-lane road on 116th Street. Pat Foster, Eden Forest Homeowners Association, asked what is going to happen to the White River Bridge. The Mayor stated she couldn't give an answer and she would have to ask the Commissioners for that answer. However, the engineering firm had talked with the County Commissioners and that was the reason the Ellers had been drawn into the project. Mrs. Foster asked when we would know about that bridge because an intelligent answer to the three-, four- or five - lane projected road project would mean nothing without a definite answer about the bridge. The Mayor stated that the "committee" would have to work with the Commissioners on that. Denny Hammond, 116th Street resident, asked for consideration of curbs to be constructed to keep the sidewalks safe regardless of how many lanes were built. George Hoffman, 116th Street resident, asked for the Mayor to explain where the $120,000 was coming from and why we need to have the money appropriated now since we weren't going to be using it until next year and that we didn't know what the intersection was even going to look like so how could you know how much money it was going to cost. Mr. Hoffman also asked if this money wasn't approved last year. The Mayor stated that preliminary engineering plans had been done on this particular project and the $120,000 was only an estimate and that the Local Roads and Streets Fund was a fund that whose budget is done on a project by project basis and is not done at budget time. Jeanie Reid, Bradford Place, asked about some of the expenses of the additional appropriation request that had already been spent and do we spend money before we vote to approve the spending of that money. Mrs. Reid also asked that if the engineers we are paying that attend these public meetings and are paid with our money to attend these meetings, who are they serving? Mrs. Reid felt the engineers who have attended these public forums have been evasive in answering residents questions. The Mayor stated that this engineering was done under an on-going contract with the engineers and that she had requested an encumbrance, but it wasn't processed. Mayor Hancock stated that the meetings we have had up to this point have not been official and that the State will conduct the official hearings on the intersection in June. Jim Arnold, Twin Springs Court, requested the Council to table the entire appropriation of $175,000 until such time as a comprehensive road plan can be completed and studied by all persons. Mr. Arnold felt this should be considered due to a lack of a clear road plan and the overwhelming objections of all persons concerned. Resident, 11824 Gray Road, questioned the traffic count and stated she traveled many times up and down 116th Street everyday and was her car counted 10 times or only once. The Mayor stated it was probably counted 10 times. Peg Goldberg, 12800 Shelburne Road, County Commissioner, clarified, in her opinion, comments about the Commissioner's input into the 116th Street project. She stated that the concept for the bridge was 4 lanes and the road project between Fishers and Carmel was 4 lanes with a boulevard. Mrs. Goldberg stated that at a meeting last fall attended by the Mayor, the Mayor went on record with the Commissioners that several meetings had been held with residents of the area and only a handful of residents were not in agreement with the 4 lane project with a boulevard. The Fishers Town Board was prepared to purchase the entire south side of the downtown area, level it and build the highway. Councilors Lonzo and Irvin questioned the Commissioner on the thoroughfare plan for the county. Councilor Irvin asked for the Commissioner to share a copy of this plan with the Council. Councilor Lonzo asked the Commissioner if 116th Street was shown as a four lane project in that plan. She stated it was. Councilor Lonzo asked if Commissioner Goldberg had voted to approve that plan. Commissioner Goldberg stated she had. Ms. Goldberg stated that Mr. Steele from Butler, Fairman & Seufert had visited the Ellers. Bonnie Liggett, Bradford Place, stated she had visited the Ellers last Friday and that two officials from Fishers were the ones to approach them on the acquisition of right-of-way. She stated they thought the original agreement or discussion was for 12 feet of right-of-way and now they live in fear their farm will be destroyed by this four to five lane divided highway project. The Eller family had been farming at this location since 1831 and the farm has been declared a Hoosier Homestead by the State of Indiana. Janice Cooper, Eden Estates Place, stated she had no problem getting out onto 116th and questioned who would benefit from this road project. The Mayor answered the question by stating that, at this time, it has not been determined that it will be a four-lane road. The Mayor stated she didn't know why this has not come through. That no determination will be made until after the committee has studied the project and reported back to the Council. W. Allen Arnett, Valley Brook, stated he was quite confused. Mr. Arnett said the first public meeting he attended had the wall plastered with plans and engineering drawings for four lanes of concrete with a boulevard. These plans were paid for by the residents of the City of Carmel he said. Then at the second meeting, attended by the Mayor, he was told that the four lanes with a boulevard was never really an option. Mr. Arnett questioned why so much money was spent on plans that we are now being told were never an option. Dr. Philip Reid, Bradford Place, asked if an appropriation is being requested on money that has been spent without authorization. The Mayor replied no. Dr. Reid asked if there was authorization, who gave it? Mayor Hancock stated authorization was obtained through the Board of Public Works under a contract with Butler, Fairman & Seufert. Dr. Reid asked the Mayor if the request included money that has been spent or will be spent. The Mayor replied both with most of the money that has been spent was spent on 116th and Gray Road in the approximate amount that has been unpaid in the amount of $2,600. Dr. Reid asked the Council, in light of the comments heard here tonight, to not go forward on spending any more money until such time as the committee has had time to organize and meet and make recommendations to the Council. Marilyn Arnett, Valley Brook, asked about the composition of the committee. The Mayor stated the committee would be made up of a representative of Woodbrook PTO (appointed by them) and appointments from other homeowners associations and residents in the area. Other homeowners association outside of the area would also serve on the committee. These people would all be appointed by the associations themselves. The Mayor also stated there would be no time limit set on the committee. Annette Jenkins, Eden Place, asked the Mayor again, who this project would benefit. The Mayor stated she did not have the answer and that they would have to ask the County as they were the ones with the plans. Jeanie Reid, Woodbrook PTO President, again addressed the Mayor on her statement. Mrs. Reid felt the Mayor was premature on her decision to widen the road and that she was not listening to the facts. Mrs. Reid also commented that she and others had finally obtained and read the comprehensive plan and concerned about other areas of Carmel as well. At this time, hearing no other comments, the Mayor closed the hearing to the public and opened it to the Council for comments, questions or objections. Councilor Lonzo stated he was troubled about the emotions and the confrontational nature of the meeting. Mr. Lonzo stated he represented persons in that district that lived on 116th Street. Mr. Lonzo said he was sure something had to be done on 116th Street but at this point seven people have not taken a vote on this and was not prepared to do so tonight but he did want to go forward with the 116th and Gray Road intersection. Councilor Lonzo stated that regardless of what the Mayor had done or not done, it was not a "done deal" because that would take a vote of the seven Council members and seven Council members had not seen any plans and had yet to vote. Councilor Irvin thanked the public for their input and stated he shared their concerns. Councilor Irvin admitted to not having seen any plans on anything that had to do with 116th Street but was in favor of the 116th and Gray Road intersection construction. Councilor Irvin asked Commissioner Peg Goldberg to identify the major thoroughfares outlined in the County plan. Ms. Goldberg stated they were 96th Street, 116th Street, 146th Street and she wasn't sure about 106th Street. Councilor Potasnik stated he had not attended any meeting where members of Council were asked to address the issue of widening of 116th Street. Councilor Potasnik assured the public that no deal was in the offing. Councilor Potasnik also criticized the Carmel Ledger for publishing a story that stated the Council is proposing to widen 116th Street from two lanes to four or five lanes. President Potasnik stated for the record that the Council has not acted on this project yet in any manner. The Councilor said he attended the Woodland Springs Annual meeting the Woodbrook Homeowners Association meeting and has spend hours collecting input from the property owners in the area and if there was a deal already struck he would have been better served to have stayed at home those nights. Councilor Potasnik was not in favor of suspending the rules and acting on the appropriation tonight. President Potasnik agreed it was a dangerous intersection and needs attention but did not feel the urgency to vote tonight and wanted to wait until the next meeting. Councilor Adams also stated he represented residents in that area and felt we shouldn't delay the construction of 116th and Gray Road. Councilor Adams also shared the concerns of other Councilors about the confrontational attitudes of the public and asked the public to keep the emotions on a calmer level and not get involved with character assassinations. Councilor Fleming agreed with the comments that have already been made. Councilor Fleming was also not prepared to vote on anything tonight. Councilor Ogle stated she was not in favor of the do nothing approach. She felt something needed to be done with 116th Street. Councilor Fleming asked the Mayor if this $120,000 was the maximum amount needed for this project. The Mayor stated it was ~Construction Only~. The second reading of Ordinance D-649 will take place at the next Council meeting. APOLOGY TO CARMEL LEDGER REPORTER FROM COUNCILOR POTASNIK: Councilor Potasnik apologized to Rick Myers from the Carmel Ledger for his earlier statement concerning an article he read in the paper earlier in the week. Councilor Potasnik said he was, in fact, referring to a letter to the editor from Gail Bardach rather than an article written by a report from the newspaper. Councilor COMMUNICATIONS CENTER/CLAIM FOR $3,500/SRS ARCHITECTS: Potasnik explained that the Board of Public Works had approved the contract at their meeting tonight and the claim needed approval of the Council since this money would be coming from Council budget #446. Councilor Potasnik made a motion to approve the claim. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Potasnik presented the vocal VOICE OVER-RIDE POLICY: over-ride policy to the Council for a favorable recommendation for the Board of Public Works. Councilor Potasnik introduced an addendum to the vocal over-ride policy. After Council Potasnik read the addendum, a change was made in paragraph two to change the words "deemed necessary" to "so designated". Councilor Irvin made a motion to give a favorable recommendation of the voice over-ride policy with the amended addendum to the Board of Public Works. The motion was seconded by Councilor Ogle. Councilor Adams 1991 BUDGET SCHEDULE REQUEST BY CLERK-TREASURER : spoke to the issue concerning the need to get the budget process going for 1991 and stated he had suggested that the Clerk-Treasurer add this to the agenda for discussion. The Mayor stated the tentative moving date for Civic Square was the weekend of July 14th. The Clerk-Treasurer stated her computer would be down for a minimum of three to five days and could also be going through the annual audit at that same time. She asked if the Council could start the budget process earlier this year. Mayor Hancock stated that she and Councilor Potasnik were meeting on Tuesday and would return at the next Council meeting with a proposed budget meeting schedule at the next Council meeting. The Clerk- Treasurer REQUEST FOR AUDIT OF RECORDS AND BOOKS FOR EDC: asked the Council to consider a request for an audit by the State Board of Accounts of the records and books for the Economic Development Commission and to not hold the Clerk-Treasurer responsible for any audit results and comments prior to receipt of money from EDC. Councilor Irvin felt there was nothing wrong with that request and made a motion to adopt a resolution calling for such an audit. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. : The Clerk-Treasurer REPORT ON TAX SHORTFALL FROM CLERK-TREASURER stated she had been in contact with the State Tax Commissioners and that the they had assured her the shortfall was added into the maximum levy for 199O and it would be received along with the June and December tax draw. The Clerk-Treasurer also stated that a law had been passed, (Public Law 74) which stated that the rates for the Cumulative Funds were held so that only the same amount of money could be raised this year that had been raised last year. The Mayor asked this item be removed from the RETREAT SUMMARY: agenda. The Council asked for a special meeting of the Council on an off Monday night for this purpose. Councilor Potasnik made a motion VIDEO TAPING OF COUNCIL MEETINGS: to add this item to the agenda. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Clerk-Treasurer Jones reported that she had talked with Hal Espy at the High School and he agreed to tape the meetings on his own time this summer for a fee. Jones stated she felt it was a great thing to have as a permanent record for the City. The Council agreed. Councilor Potasnik made a motion for Councilor Lonzo to talk with Mr. Espy concerning his fee and report back to the Council. There being no further business before the Council the meeting was duly adjourned. APPROVED:Dorothy J. Hancock, Mayor ATTEST:Susan W. Jones, Clerk-Treasurer