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HomeMy WebLinkAboutCCM-05-18-92CARMEL CITY COUNCIL MEETING MINUTES MAY 18, 1992 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 Jim Quinn, Frank Fleming, Alan Potasnik, Luci Snyder, Chris Painchaud, and Tim Story. Tom Kendall was absent. Clerk-Treasurer Susan W. Jones was also in attendance. The invocation was given by Councilman Quinn, followed by the Pledge of Allegiance. None RECOGNITION OF OUTSTANDING CITIZENS: Fleming made a motion to approve the MINUTES: MAY 4, 1992: minutes of May 4, 1992. The motion was seconded by Snyder. All members voted aye. Motion carried. RECOGNITION OF CITIZENS WHO WISH TO SPEAK TO THE COUNCIL: Marshall Andich, 11 S. Rangeline Road, made a CARMEL DOWNTOWN PARK: presentation outlining the need for parking in the downtown Carmel area. Andich asked the Council to consider conversion of the Carmel Downtown Park which, he felt, had virtually no use. Andich reviewed various parking needs for downtown business versus available parking facilities in the downtown Carmel area and presented a petition requesting Council consideration to convert the Carmel Downtown Park to a parking lot. Sam Yau, 11 W. Main Street, presented a suggested plan to convert the Carmel Downtown Park to a parking lot. The plans included two schemes, the first, a partial conversion and the second, a complete conversion. Yau stated he believed it was his duty to make every attempt to help the downtown Carmel businesses resolve their parking problems. Discussion concerning the downtown area ensued among Council members. Johnson stated the preliminary presentation by Ball State University, to study downtown revitalization, indicated there was too much controversy among the citizens involved to proceed with the study. Johnson stated Ball State withdrew based on their findings from their preliminary presentation. Johnson stated it would be imperative for the businesses, residents and patrons of Downtown Carmel to begin to help themselves by attempting to establish common goals before the City would be able to help. 1 Painchaud stated the Council would take the request under advisement to determine what type of response could be formulated after further study. Johnson stated a comment about where the City would consider going with this problem would be made at the next meeting. Lisa Durnil, Larry Wesmer and Shep Cutler, WOODLAND TRACE: representing the Woodland Trace Apartment complex, presented a petition and appealed to the Council for a traffic light between Rangeline Road and Keystone Avenue on 116TH Street. The residents stated due to the volume and speed of traffic on 116TH Street it was extremely dangerous and practically impossible to leave the building complex and head east. Woodland Trace manager, Lisa Durnil stated several attempts to request action had failed. The residents stated accidents and near-accidents have alarmed them enough to beg the Council's consideration of a traffic light to slow traffic and give them the opportunity to safely leave their homes. Discussion took place among Council members concerning the area. Story made a motion to direct the City Engineer to complete a traffic study and to advise the Council of his recommendation when the study was completed. The motion was seconded by Potasnik. All members voted aye. Motion carried. Potasnik asked for an additional study at a selected entrance to the Keystone Shopping Center along 116TH Street. Kathi Puntenney, President of Habitat for HABITAT FOR HUMANITY: Humanity, Hamilton County, Inc., addressed the Council and stated the goal of the organization was to eliminate poverty housing throughout Hamilton County. Puntenney stated people from all walks of life set aside their differences of race, religion and creed because people agree that everyone should have a decent place to live. Puntenney stated people who qualified for homes were those, the organization believed, to be living in sub-standard housing and who cannot qualify for a normal conventional mortgage. Puntenney stated Habitat for Humanity did not accept donations from government entities but would accept land donations and waivers of any fees required for building construction. Puntenney stated Habitat for Humanity needed to make the necessary contacts to help encourage county-wide participation, particularly in the Carmel and Fishers area. Puntenney stated fund drives, telethons and school participation would be critical to the mission of the organization. Puntenney stated 4% of Hamilton County was living under the poverty level which justified the need to ask for financial support and appeal for donations from an area that was one of the wealthiest in the state of Indiana. Puntenney asked for support from the citizens, government officials and businesses of the Carmel area. 2 Puntenney stated a family could apply for selection consideration by writing to PO Box 572, Noblesville, Indiana to request an application for housing. Puntenney stated the family would be pre- screened and selected by a committee based on need, income, and credit history. Johnson stated Puntenney might like to set up a booth at the 4TH of July, Carmelfest to make local citizens aware of their efforts in the county. Story made a motion to approve the claims of 4/29/92 in CLAIMS: the amount of $150,311.47, 4/30/92 in the amount of $349,588.76, 4/30/92 in the amount of $161,156.00 and 5/11/92 in the amount of $584,355.55. The motion was seconded by Painchaud. Painchaud made a motion to table the claim dated 4/30/92 in the amount of $161,156.00 until the City Attorney could answer specific questions later in the meeting. The motion was seconded by Quinn. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. None. OLD BUSINESS: PUBLIC HEARING: ORDINANCES D-770, D-771, D-772, D-773, D-774, D-775 AND D-776 / REQUEST FOR ADDITIONAL APPROPRIATIONS MISCELLANEOUS FUNDS: Quinn made a motion to introduce Ordinances D-770, D-771, D-772, D-773, D-774, D-775, D-776 and to dispense with the reading provided an explanation of the requests were provided. The motion was seconded by Potasnik. Mayor Johnson explained the following Ordinances: D-770: School Lights totaling $15,000.00 from MVH-201 to Street for 6 lights (2 each) at Mohawk Trail, Forest Dale and Cherry Tree elementary schools. D-772: Hoosier Equip. Svc. totaling $3,162.00 from GEN-101 to BPW for work done in 1991 at the Communications Center for underground storage tank removal and that was not encumbered into 1992. D-773: Hamilton County Economic Development totaling $60,000.00 from GEN-101 to Council for the City's contribution to that corporation. D-774: 116TH Gray Road Intersection balance of work totaling $400,000.00 including the right-of-way from LR&S-202. D-775: Johnson Controls totaling $1,624.55 from GEN-101 to BPW 3 for costs incurred in 1991 that were not encumbered into 1992. D-776: Contaminated Soil Removal totaling $15,000.00 from GEN-101 to BPW. Quinn made a motion to withdraw Ordinance D-771 from consideration. The motion was seconded by Story. All members voted aye. Motion carried. Johnson opened the ordinances to public hearing. Hearing no request to speak, the mayor closed the public hearing and opened discussion to the Council. Story made a motion to suspend the rules and act on Ordinances D-770, D-772, D-773, D-774, D-775 and D-776. The motion was seconded by Quinn. All members voted aye. Motion carried. Discussion of the ordinances occurred among Council members. Call for the question. All members voted aye. Motion carried. NEW BUSINESS: ORDINANCE D-799 / AN ORDINANCE ESTABLISHING NO-SMOKING AREAS IN Story made a motion to introduce Ordinance CARMEL RESTAURANTS: D-799 an ordinance to provide no-smoking areas in restaurants in Carmel, Indiana. Story read the ordinance. The motion was seconded by Painchaud. James Steckley, Carmel, Indiana appealed to the Council to allow the restaurant owner to determine the no-smoking accommodations for their own patrons. Steckley stated the proposed ordinance exceeded federal, local and state norms for restaurants. Steckley stated he provided 16 seats non-smoking on a regular basis out of 225 seats, which 99% of the time was more than adequate. Steckley stated 23% were set aside on Mother's Day and they were never entirely used that day. Steckley stated the policy of the restaurant was to request smoking or non-smoking and to provide non-smoking when required. Steckley stated the proposed ordinance would burden the restaurant owners to meet a need that was not required by patrons making Carmel restaurants victims of competitive restaurants in the area. Steckley stated the Council was exceeding their authority by placing a required percentage of seats aside that would never be used. Steckley stated he hoped the Council would allow the restaurant owners to meet the needs of their own patrons, since it would be obvious if they were not meeting their patrons smoking and non-smoking needs they would be out of business. John Livengood, representing the Restaurant & Hospitality Association of Indiana, asked the Council to consider allowing the 4 restaurant owners to accommodate the needs of their own patrons. Livengood stated flat percentages like the 50% shown in the ordinance before the Council was extremely difficult to enforce. Livengood stated white-cloth, fast-food, cafeteria, casual dining and tavern-type restaurants all drew different clientele with individual needs. Livengood stated by forcing all types of restaurants to meet the Council's criteria for non-smoking areas could financially burden the individual owner who would be unable to meet the needs of their own patrons based on the City ordinance. Livengood stated local government dictating this type of legislation has back-fired in many communities, because government officials were not in tune with the needs of the community. Livengood asked the Council to appreciate the fact that the Carmel restaurants survival depended on the individual owners ability to accommodate their patrons. Livengood asked the Council to allow the Carmel restaurants to determine and meet the needs of their customers and to not dictate the needs of their customers through legislation. Livengood asked the Council to consider the legislation burden placed on restaurants from the American Disabilities Act and FDA and to not add yet one more restriction which could financially burden one of the main parts of the fabric of the Carmel community, its restaurants. Quinn stated his support for Ordinance D-799 and read a statement from Councilman Kendall supporting the ordinance. Snyder and Potasnik stated the impact of the ordinance should be seriously considered, along with more input from Carmel restaurant owners and more detail concerning definitions of "restaurant" in the ordinance. Fleming stated he was reluctant to pass this type of law on the City level and stated this type of legislating should be made by the State Board of Health. Fleming stated he did not want to impose on the rights of the owners and if those owners were not meeting the needs of their patrons, they could choose not to patronize those restaurants. Johnson stated Ordinance D-799 would be brought back to the next meeting for a second reading. Johnson asked City Attorney, Steve Brown, who had the CLAIMS: authority to disperse funds for the Carmel-Clay Parks Board. Brown stated the state statute allows the entity who contributes the larger share of funds to control funds. Brown stated the Council was entitled to contract-away those rights when entering into a joinder agreement. Brown stated the joinder agreement was renewed annually and would be reconsidered this fall. Brown stated the Council would be bound by the agreement until the joinder was 5 reconsidered in the fall of 1992. Story made a motion to approve the claim dated 4-30-92 for $161,156.00. The motion was seconded by Painchaud. Five members voted aye. Quinn voted nay. Motion carried. Story, Quinn and Painchaud reiterated their vow to allow the City to control the funds for the Carmel-Clay Parks Board with the next joinder agreement, as long as the City of Carmel contributed the major portion of funds to the agreement. OTHER BUSINESS: City of Carmel PRESENTATION OF CITY NEWSLETTER - THE ARTISAN: Press Secretary, Rick Myers presented the first issue of the City employee newsletter, The Artisan to the Council and thanked the Council for providing the funds for its development. Quinn asked the City Attorney about an TERM LIMITATION ORDINANCE: ordinance he requested, limiting the terms of City Council members. Brown stated research into the legality of the ordinance was still underway, but would be ready by the next Council meeting. Story requested an amendment to the AGENDA ORDINANCE AMENDMENT: agenda placement Ordinance D-748 (City Code Chapter 3, Section 3- 18) to include between #7 and #8 the section entitled "Reports from Council Committees". Quinn volunteered to draft the ordinance as requested by Councilman Story. Potasnik thanked the Hamilton HAMILTON COUNTY PROGRESS COMMITTEE: County Progress Committee for the fine program and speakers provided during their Public Finance Education Conference held earlier that week. Potasnik asked for an addition to the June 1, CARMEL HIGH SCHOOL: 1992 agenda to honor the Carmel High School students who won the Academic All Star Team competition. Jones stated the June 1, 1992 City Council AGENDA DEADLINE: meeting agenda deadline would be 12:00 noon, Tuesday, May 26, 1992. There being no further business before the Council or ADJOURNMENT: requests from the public to speak, the meeting was duly adjourned. Respectfully submitted, _______________________________ Susan W. Jones, Clerk-Treasurer 6 _______________________________ ATTEST: T.E. Johnson, Presiding Officer _______________________________ Susan W. Jones, Clerk-Treasurer _______________________________ ATTEST: T.E. Johnson, Mayor _______________________________ Susan W. Jones, Clerk-Treasurer 7