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HomeMy WebLinkAboutCCM-4-20-92CARMEL CITY COUNCIL MEETING MINUTES APRIL 20, 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, Tom Kendall, Alan Potasnik, Luci Snyder, and Tim Story. Chris Painchaud was absent. City Attorney Steve Brown and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilman Quinn, followed by the Pledge of Allegiance. The Council honored Coach RECOGNITION OF OUTSTANDING CITIZENS: Ray Lawrence and members of the Carmel High School State Championship Swim Team with the presentation of a placque. The Council honored the academic excellence of straight A students from Clay Junior High School. The Winter Ball Committee made a presentation of the proceeds totaling $7,000.00 from the Winter Ball to the Carmel-Clay Board of Parks and Recreation. Awards were presented to the winners of the City of Carmel "welcome" sign contest. Story made a motion to approve the MINUTES: MARCH 30, 1992: minutes of March 30, 1992 as submitted. The motion was seconded by Quinn. All members voted aye. Motion carried. RECOGNITION OF CITIZENS WHO WISH TO SPEAK TO THE COUNCIL: Alfred J. Porteous representing the Hunters SIDEWALK PETITION: Glen Condominium Association, presented a petition to the Council respectfully asking the Council to consider a spec study to correct a potentially dangerous sidewalk situation on the north side of east Carmel Drive. Porteous stated the narrowing of the traffic lane nearest the curb coupled with the speed and volume of traffic and the narrow sidewalk all contribute to the problem. Porteous stated the problem exists from Triple A Way west along the front of Hunters Glen Condominiums. 1 Chairman of the Sidewalk Committee, Alan Potasnik stated he would personally notify Mr. Porteous of the exact time when the sidewalk committee would meet. Jim Nelson explained in detail why a ZONING ORDINANCE CORRECTION: manual change had been made to Ordinance Z-264 to a copy of the Ordinance from the meeting of December 2, 1991. Nelson stated it was clearly an oversight and since it was simply a clerical error, he and Bill Ernst came to the conclusion that they would provide the clerk-treasurer's office with an affidavit. Nelson stated he removed a copy of the Ordinance from his file, Nelson repeated it was a Xerox copy of Ordinance Z-264, inserted the introductory claus, and delivered the copy to the Department of Community Development. Nelson reiterated, it was his belief, that no impropriety was committed and the correction appeared to be practical and reasonable. Nelson stated if the Council felt the error should be corrected in another way, he would by more than willing to comply with their wishes. Clerk-Treasurer Jones stated, for the record, the document submitted to her office included original signatures and was not a Xerox copy. Jones also stated, for the record, that an employee of the Department of Community Development asked her in March how to correct an error to a zoning ordinance and she advised that person it would have to be done through an amendment to the original ordinance. Upon unanimous consent, Quinn requested Nelson to add the item to the next City Council agenda to amend Ordinance Z-264. Debbie Tidler, a Carmel resident, expressed her CELLULAR TOWERS: regret for missing the cellular tower meeting and assured the Council that she and others had continued interest in the issue of cellular towers and thanked the Council for their concern in the matter. Kendall abstained from voting for claims because payment CLAIMS: for services he rendered to the City would be considered on the claims docket. Story made a motion to approve the claims of 3/31/92 in the amount of $48.83 and 3/31/92 in the amount of $316,552.38. The motion was seconded by Quinn. Four members voted aye. Potasnik voted nay. Motion carried. OLD BUSINESS: 2 SECOND READING ORDINANCE D-756 - AN ORDINANCE REPEALING ORDINANCE Quinn made a D-720 AND ABOLISHING THE DEPARTMENT OF REDEVELOPMENT: motion requesting unanimous consent for approval of Ordinance D- 756. There was no second on the motion. SECOND READING - ORDINANCE D-763 - AN ORDINANCE ESTABLISHING PUBLIC, EDUCATIONAL & GOVERNMENTAL ACCESS RULES FOR CABLE TV'S Quinn made a motion to dispense with the reading ACCESS CHANNEL: and approve Ordinance D-763. The motion was seconded by Story. Discussion among Council members ensued regarding the public access channel. Story asked that the Cable TV Committee research federal and state requirements, to be certain all requirements have been met for providing public access to cable TV. Kendall stated he would review requirements with the City attorney and report their findings at the next Council meeting. Quinn called for the question. All members voted aye. Motion carried. Kendall provided an overview of the Public, Educational & Governmental Access Rules of which a complete copy is available for review in the office of the Clerk-Treasurer. ORDINANCE D-760A - REQUEST FOR ADDITIONAL APPROPRIATION / Quinn made a motion to table DEPARTMENT OF COMMUNITY DEVELOPMENT: Ordinance D-760A until the work to be provided by HNTB is complete and has been delivered. The motion was seconded by Kendall. Five members voted aye. Fleming voted nay. PUBLIC HEARING: ORDINANCE D-762A/D-762B/D-762C- REQUEST FOR ADDITIONAL Kendall made a APPROPRIATION / OFFICE OF THE CLERK - TREASURER: motion to introduce Ordinance D-762A, D-762B and D762C. The motion was seconded by Quinn. Jones explained the purpose of the Ordinances were to allot monies to pay her staff overtime rather than compensatory time which they could not use and to purchase equipment for the Clerk-Treasurer's office, including a PC. Johnson opened the hearing to the public. Hearing no request to speak, Johnson closed the public hearing and opened discussion of the Ordinances to the Council. Upon unanimous consent, Quinn asked to postpone discussion until the second reading. ORDINANCE D-765 - REQUEST FOR ADDITIONAL APPROPRIATION / CARMEL Carmel Police Chief, Roger C. Conn explained POLICE DEPARTMENT: the purpose of the Ordinance was to reimburse monies borrowed from the full-time salary budget used to pay for a three-shot series for a Hepatitis B vaccine required by OSHA. Discussion concerning Ordinance D-765 ensued among Council members. Kendall made a motion to introduce Ordinance D-765 and dispense with the reading. The motion was seconded by Potasnik. Johnson opened the hearing to the public. Hearing no request to speak, Johnson closed the 3 public hearing and opened discussion of the Ordinance to the Council. Story made a motion to suspend the rules and act on Ordinance D-765. The motion was seconded by Kendall. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. NEW BUSINESS: ORDINANCE Z-272 / ORDINANCE AMENDING CITY CODE REGARDING PRIVATE Quinn made a motion to introduce Ordinance SWIMMING POOL FENCES: Z-272. The motion was seconded by Snyder. Quinn made a motion to suspend the rules and act on Ordinance Z-272. The motion was seconded by Fleming. Five members voted aye. Potasnik voted nay. Motion failed. Bill Ernst, Director of the Department of Community Development, explained that Ordinance Z-272 was simply written to bring the City Code into compliance with the City of Carmel zoning ordinance and state code already in effect. ORDINANCE D-766 / ORDINANCE PROHIBITING OVERNIGHT PARKING IN Story made a motion to introduce SPECIFIC CITY PARKING LOTS: Ordinance D-766 and dispense with the reading. The motion was seconded by Kendall. Discussion concerning Ordinance D-766 among Council members ensued. Kendall made a motion to amend Ordinance D-766 changing "Section a. 10:00 P.M." to read: "Section a. 3:00 A.M." The motion was seconded by Quinn. All members voted aye. Motion carried. Quinn made a motion to suspend the rules and act on Ordinance D-766. The motion was seconded by Kendall. All members voted aye. Motion carried. ORDINANCE D-767 / ORDINANCE ESTABLISHING LIMITED PARKING ON Kendall made a SPECIFIED STREETS IN THE CITY OF CARMEL, INDIANA: motion to introduce and read Ordinance D-767. The motion was seconded by Potasnik. Jones read Ordinance D-767. Johnson explained the original ordinance was inadvertently left out in the recodification process and this ordinance was written to bring City Code into compliance with parking laws that had been previously passed and approved by the City Council. Quinn made a motion to suspend the rules and act on Ordinance D-767. The motion was seconded by Kendall. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. OTHER BUSINESS: Jones stated the petitioner, Mr. Eaton, TAXI CAB DRIVER'S PERMIT: was not present. Potasnik made a motion to remove the item from the agenda. The motion was seconded by Kendall. All members voted aye. Motion carried. ADDITIONAL APPROPRIATION / CARMEL POLICE DEPARTMENT / K-9 OFFICER 4 Carmel Police Chief, Roger Conn, explained the COMPENSATION: compensation resolution reached by the K-9 officers, the City and City attorney, for which additional monies would need to be appropriated to replace salary monies used for this settlement. Story made a motion to instruct the Clerk-Treasurer to advertise for an additional appropriation to cover K-9 officer compensation. The motion was seconded by Kendall. All members voted aye. Motion carried. Further discussion among Council members and Chief Conn ensued. Discussion among Council members regarding REQUEST FOR STOP SIGN: stop sign request procedures ensued. The petitioner, Bill Irons, asked for the Council's consideration for a stop sign at the corner of Hillcrest and Cross Street. Irons stated he had two young children and was interested in slowing traffic that continuously sped through the area. Kendall stated he had requested Chief Conn to assign an officer to spend time in the area with radar to determine the necessity for a stop sign and after discussing the matter with several of Irons neighbors, the desire for a stop sign was mixed. Potasnik suggested the petitioner provide a petition of residents in the area when the matter comes before the Council again, in order for the Council to better determine the desire for a sign by all or most of the residents. After discussion, Snyder repeated the steps to be taken concerning requests for stop signs. 1) The petitioner should call their district Council representative. 2) The Councilperson would initiate the process. 3) The Councilperson would advise the petitioner to obtain verification through a petition that the majority of the residents would be in favor of such signage. Quinn asked the City Attorney if it was a CHANGES TO ORDINANCES: fact that the only people who could make changes to a City ordinance was the City Council acting as a body. City Attorney, Steve Brown stated that was true based on a letter he had received from the Mayor that day. ANNOUNCEMENTS: Quinn announced there MEETING OF THE CARMEL-CLAY PLAN COMMISSION: would be a meeting, open to the public, on Saturday, April 25, 1992 at 10:00 A.M. in the Council chambers of City Hall. Quinn stated the subject of the meeting would be S-1 zoning classification with the comprehensive plan update. Potasnik INDIANA ACADEMIC COMPETITION FOR EXCELLENCE: congratulated Tom McCleary of Carmel High School, for being selected as one of forty Indiana Academic all-stars for 1992. Potasnik stated McCleary had identified Mark Shoup as the school 5 employee most helpful to him, and congratulated Shoup as an outstanding teacher and mentor. Kendall WOODBROOK PARK DEDICATION CEREMONY AND ICE CREAM SOCIAL: announced the dedication ceremony and ice cream social would be held on April 26th. Kendall congratulated Judi Jacobs and the Parks Board for the fine job done regarding Woodbrook Park. Kendall admonished individuals for CANDIDATES SIGN DESTRUCTION: destruction of candidates signs. Kendall stated the individuals were not helping their own candidates, but rather were destroying the political process, and their own preferred candidates reputations since an inference could be construed that their candidate was responsible for the destruction, whether it was true or not. Kendall asked parents to discourage their teenagers from destroying the expensive and important signs that are an important part of the political process. Johnson congratulated Carmel High School CARMEL HIGH SCHOOL HONOR: for being selected one of the top 100 high-schools in the nation by Redbook magazine. Johnson stated a portion of Gray Road would be 116TH GRAY ROAD: closed for approximately one month during the summer due to construction of the Gray Road intersection. Johnson stated signage would soon begin to be posted advising the residents of the impending closing. Johnson stated construction would probably not be completed until the spring of 1993. 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 _______________________________ T.E. Johnson, Presiding Officer ATTEST: _______________________________ 6 Susan W. Jones, Clerk-Treasurer _______________________________ T.E. Johnson, Mayor ATTEST: _______________________________ Susan W. Jones, Clerk-Treasurer 7