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HomeMy WebLinkAboutCCM-03-16-92CARMEL CITY COUNCIL MEETING MINUTES MARCH 16, 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, Chris Painchaud, Luci Snyder, and Tim Story. Alan Potasnik was absent. City Attorney Steve Brown and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. The Council honored the RECOGNITION OF OUTSTANDING CITIZENS: academic excellence of straight A students from Carmel High School. Mayor Johnson recognized the Tiger Cubs from Cherry Tree Pack 189. Painchaud made a motion to amend the MINUTES: MARCH 2, 1992: minutes of February 2, 1992 changing the section under Ordinance D-759 to the correct names of the Council member who motioned and seconded the introduction of the ordinance. Quinn made a motion to approve the minutes as amended. The motion was seconded by Story. All members voted aye. Motion carried. Kendall submitted a conflict of CONFLICT OF INTEREST STATEMENT: interest statement pertaining to work he performed for the office of the Clerk-Treasurer in the amount of $510. Johnson RECOGNITION OF CITIZENS WHO WISH TO SPEAK TO THE COUNCIL: asked the Council to allow the citizens who wished to speak, to address the Council under the respective agenda items for which they wished to be heard. No citizens spoke under this agenda category. Quinn made a motion to approve the claims of 2/25/92 in CLAIMS: the amount of $96.39 and 2/28/92 in the amount of $300,378.29. The motion was seconded by Kendall. Johnson called for the question. All members voted aye. Motion carried. 1 OLD BUSINESS: SECOND READING ORDINANCE D-759 - AMENDMENT OF CHAPTER 8, ARTICLE 5, SECTION 8-47 (a) / "3-HOUR PARKING LIMITS IN CITY PARKING LOTS": Fleming stated he would prefer the ordinance prohibiting over night parking but did not restrict parking to three hours in deference to the businesses on Rangeline and Main Street. Discussion among Council members ensued regarding Ordinance D-759. Johnson called for the question. Story, Painchaud and Kendall voted aye. Snyder, Quinn and Fleming voted nay. Johnson chose not to vote. Motion failed. Johnson stated he would place a no-overnight parking ordinance before the Council at the next regular meeting. RESOLUTION CC-3-2-92-3 / REQUEST FOR TRANSFER OF FUNDS AND REQUEST Story stated, after review of cost FOR ADDITIONAL APPROPRIATION: options, he recommended the City proceed with the Riverview Hospital offer of $120 per three-shot series in order to comply with OSHA rules of City employees in risk groups against hepatitis- B. Quinn made a motion to approve Resolution CC-3-2-92-3. The motion was seconded by Painchaud. Johnson called for the question. All members voted aye. Motion carried. Painchaud made a motion to direct the Clerk-Treasurer to advertise for a special appropriation to cover the costs of the required immunizations for the Carmel Police Department totaling $6,348.00. The motion was seconded by Story. All members voted aye. Motion carried. PUBLIC HEARING: ORDINANCE D-760 - REQUEST FOR ADDITIONAL APPROPRIATION / DEPARTMENT OF COMMUNITY DEVELOPMENT / AUTOMOBILE AND REINSTATEMENT OF FUNDS Quinn made a motion to introduce Ordinance D-760. The FOR HNTB: motion was seconded by Painchaud. Quinn made a motion to amend Ordinance D-760 changing the budget name from Clerk-Treasurer's budget to Department of Community Development's budget. The motion was seconded by Painchaud. All members voted aye. Motion carried. Jones read Ordinance D-760. Johnson opened discussion of the ordinance to the public at 7:25 P.M. Hearing no request from the public to speak, Johnson closed the public hearing. Discussion of Ordinance D-760 ensued among the Council members. 2 Quinn stated that although the $5,000 for HNTB was honoring a previous contract, no one had spoken to HNTB to see if they would relieve the City of the obligation. Quinn stated he made the request for HNTB to be approached regarding relief of the obligation and, to date, he had not heard results concerning his request. Quinn stated HNTB had charged in excess of $160,000 for the update which had not been done, and requesting relief from printing costs, in his opinion, was no big deal. Quinn proposed an amendment to Ordinance D-760 striking Account #306 - Comprehensive Plan Printing - $5,000 and reducing General Fund - Department of Community Development Budget to $10,000 in order to consider the items separately, acting on the automobile request that evening and holding action on the HNTB printing request until the next meeting. The motion was seconded by Story. Johnson called for the question on the amendment. All members voted aye. Motion carried. Quinn made a motion to suspend the rules and act on Ordinance D-760 as amended that evening. The motion was seconded by Kendall. All members voted aye. Motion carried. Johnson called for the question on Ordinance D-760. All members voted aye. Motion carried. NEW BUSINESS: ORDINANCE D-756 / ORDINANCE REPEALING ORDINANCE D-720 THE Jeff Nickloy representing Carmel Clay REDEVELOPMENT COMMISSION: Chamber of Commerce appealed to the Council to consider voting against Ordinance D-756 due to the negative signal it would send to local businesses and developers and due to the advantages a Redevelopment Commission can offer for the community. Painchaud made a motion to introduce Ordinance D-756. The motion was seconded by Quinn. Council members discussed the advantages and disadvantages of repealing the formation of the Redevelopment Commission. Quinn asked the City Attorney to determine when the County formed the Redevelopment Commission and to determine whether or not the City can form a Redevelopment Commission if the County already has a Redevelopment Commission. Fleming stated the City had already engaged an outside law firm to establish the legality of the Redevelopment Commission. Johnson stated the City had an opinion from Ice, Miller and Donadio establishing the legality of the Redevelopment Commission. Painchaud made a motion to suspend the rules and act on Ordinance D-756 that evening. The motion was seconded by Story. Five members voted aye. Quinn voted nay. Motion failed. Quinn made a motion to hold the second reading until the April 20, 1992 meeting, in order to hear the City Attorney's opinion on whether the City can establish a Redevelopment Commission if the County already has a Redevelopment Commission in place. The motion 3 was seconded by Kendall. All members voted aye. Motion carried. RESOLUTION CC-3-16-92-1 / A RESOLUTION REQUESTING AN AMENDMENT TO S-1 DENSITY AND RESTRICTION OF THREE LANES ON 106TH, 126TH, AND Clerk-Treasurer Jones read Resolution CC-3-16-92-1. 131ST STREET: Jim Bagnoli and Jeff Nickloy, representing the Carmel Clay Chamber of Commerce appealed to the Council to consider due diligence when reconsidering S-1 density. Nickloy and Bagnoli outlined specific reasons for the Council to carefully consider the overall impact of such a sweeping change to S-1 density. Judy Hagan, representing the Clay-West Information Council spoke in favor of Resolution CC-3-16-92-1 and appealed to the Council to please listen to the 700 disenfranchised voters who asked for the Council's help, in petition form, by allowing them due process with approval of Resolution CC-3-16-92-1 and, thereby, giving them the opportunity to be heard through the Plan Commission and the Comprehensive Plan update. Discussion among the Council members regarding the resolution ensued. Painchaud made a motion to introduce Resolution CC-3-16-92-1. The motion was seconded by Quinn. Further discussion among Council members regarding the resolution ensued. Story made a motion to amend Resolution CC-3-16-92-1 to read as follows: "Section 1, The Common Council has recognized the desire of many residents of the Clay West area to development density no more that one (1) unit per acre. The Common Council supports that there are such currently designated S-1 zoning areas where that would be appropriate, though such guidelines might not apply to the entirety of the currently zoned S-1 areas within the City of Carmel and Clay Township" and, to amend Section four (4) to read: "120 days instead of 60 days". The motion was seconded by Kendall. All members voted aye. Motion carried. Quinn made a motion to call for the unanimous question. The motion was seconded by Kendall. Five members voted aye. Snyder voted nay. Motion carried. Story made a motion to suspend the rules and allow a citizen to speak to the issue of Resolution CC-3-16-92-1. The motion was seconded by Kendall. All members voted aye. Motion carried. Mike Weiss, stated he was a resident of Clay West and president of the Hamilton County Builders Association. Weiss stated the amendment to Resolution CC-3-16-92-1 basically addressed the issues 4 he was concerned about as a resident and builder and thanked the Council for their consideration. Johnson called for a five minute recess. RECESS: OTHER BUSINESS: ANNUAL REPORT / CARMEL-CLAY BOARD OF PARKS AND RECREATION: Judi Jacobs, president of the Carmel-Clay Board of Parks and Recreation presented the Parks annual report to the Council. (A copy of the complete text will be available for review by the public in the office of the Clerk-Treasurer) A lengthy question and answer session ensued among the Council members and Jacobs regarding the Carmel-Clay Board of Parks and Recreation and its role with the City of Carmel and specific questions regarding the annual report. Quinn and Kendall reiterated their total support for parks in the City of Carmel and apologized for the animosity created by their position regarding their continued doubts of the governmental status of the Parks Board and hoped future debates would lead to solutions that would be in the best interest of the citizens of Carmel. PUBLIC, EDUCATIONAL & GOVERNMENTAL ACCESS RULES / CARMEL CABLE TV Chairman of the Carmel Cable TV Advisory ADVISORY COMMITTEE: Committee, Tom Allebrandi presented the final draft of the proposed Public, Educational & Governmental Access Rules governing use of the Cable TV system's access channel. Discussion of the rules ensued among Council members and Allebrandi. Johnson directed the City Attorney to draw an ordinance incorporating the Carmel Cable TV Advisory Committee's proposed Access Rules and to place the ordinance on the agenda for a first reading at the special meeting of the City Council on March 30, 1992 at 7:00 P.M. without discussion. Quinn and Allebrandi engaged in further discussion concerning Cable TV rules and regulations and procedural policies of the Cable TV Advisory Committee. PROCLAMATION - PROCLAIMING FAIR HOUSING AND EQUAL OPPORTUNITY MONTH Johnson read a proclamation sponsored by FOR THE MONTH OF APRIL: Councilman Painchaud proclaiming the month of April as `Fair Housing and Equal Opportunity Month'. COUNCIL APPOINTMENT TO THE ECONOMIC DEVELOPMENT COMMISSION: Painchaud suggested the Council consider Charles Koehler as the 5 appointment by the Council to the Economic Development Commission as submitted by Councilwoman Snyder and deferred to Snyder to make the nomination. Quinn made a motion to nominate Charles Koehler as the Council appointee to the Economic Development Commission. The motion was seconded by Kendall. Johnson asked the Council for any further nominations. Hearing none, Johnson closed the nominations and named Koehler the Council's appointment to the Economic Development by unanimous consent. Johnson named the mayoral appointment to the Economic Development Commission as Michael Rusnak, a tax attorney with the law firm of Locke, Reynolds, Boyd & Weisell. Johnson stated, for the record, the third member of the Economic Development Commission was Alan Burns, who was the Hamilton County Council appointment. REQUEST FOR ADDITIONAL APPROPRIATION - OFFICE EQUIPMENT: Quinn made a REQUEST FOR ADDITIONAL APPROPRIATION - OVERTIME: motion for unanimous consent to approve directing the Clerk- Treasurer to advertise for additional appropriations for office equipment (agenda item 11E) and overtime (agenda item 11F). The motion was seconded by Story. All members voted aye. Motion carried. ANNOUNCEMENTS: PROCLAMATION - TORNADO AWARENESS WEEK - MARCH 15 THROUGH MARCH 21, Johnson proclaimed March 15, 1992 through March 21, 1992 as 1992: Tornado Awareness Week in the City of Carmel, Indiana urging citizens to become involved in tornado awareness activities including the education and preparation thereof. Quinn made a motion to cancel APRIL 6, 1992 CITY COUNCIL MEETING: the City Council meeting of April 6, 1992 due to the lack of Council members able to attend. The motion was seconded by Story. Kendall asked the Council to reconsider because of the students who were scheduled to appear to be recognized for academic excellence. Quinn called for the question. Five members voted aye. Kendall voted nay. Motion carried. Discussion concerning notification of the meeting cancellation to the student ensued. Quinn asked the Mayor if it had CONTROL OF PARKS BOARD MONIES: been determined by the City Attorney who would control the Parks Board monies. Johnson stated a decision would be made prior to establishment of the City budget. Story announced the CARMEL CIVIC SQUARE TASK FORCE II MEETING: public was invited to a meeting of the Carmel Civic Square Task Force II on Thursday, March 26, 1992 in the City Hall Caucus Room at 6:00 P.M. Story stated the meeting would begin with an informal tour of the building at 5:30 P.M. 6 Quinn made a motion to authorize the Clerk-Treasurer to CLAIMS: pay any lease obligations which would incur late fees as a result of the cancelled April 6, 1992 Council meeting. The motion was seconded by Story. All members voted aye. Motion carried. There being no further business before the Council or ADJOURNMENT: requests from the public to speak the meeting was duly adjourned. CARMEL CITY COUNCIL MEETING MINUTES - MARCH 16, 1992 Respectfully submitted, ____________________________ Susan W. Jones, Clerk-Treasurer _______________________________ T.E. Johnson, Presiding Officer ATTEST: _______________________________ Susan W. Jones, Clerk-Treasurer _______________________________ T.E. Johnson, Mayor ATTEST: _______________________________ Susan W. Jones, Clerk-Treasurer 7 8