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HomeMy WebLinkAboutCCM-06-07-93CARMEL CITY COUNCIL MEETING MINUTES June 7, 1993 7:00 P.M. Council Chambers/One Civic Square The Carmel City Council meeting was called to order by Mayor Johnson. Members in attendance were Tom Kendall, Jim Quinn, Frank Fleming, Tim Story, Alan Potasnik, Chris Painchaud and Luci Snyder. City Attorney, Gordon Byers and Clerk-Treasurer Susan W. Repp were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES OR OUTSTANDING CITIZENS: Mayor Johnson proclaimed Monday June 14, 1993 as "Carmel Flag Day" urging all citizens to pause at 7:00 P.M. on June 14th, joining all Americans in reciting the Pledge of Allegiance to the Flag and our Nation. Councilor Quinn made a motion to approve the APPROVAL OF MINUTES: minutes of the regular session of May 17, 1993 and the executive session of May 25, 1993 as submitted. The motion was seconded by Councilor Kendall. All members voted aye. Greg Binder of 11819 CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Westwood Drive, outlined specific areas of concern pertaining to the City's planning and rezone procedures and concepts. Binder encouraged the Council and Mayor to find a single professional certified planner to coordinate citizen surveys, developers, Plan Commission, City Council and Board of Works and attorney's. Binder offered his services along with several other interested citizens, and builders to form a public committee to oversee a re-engineering of the planning process. Kendall made a motion to approve the following claims: CLAIMS: 5-12-93 for $361,365.68, 5-12-93 for $4,000,000.00, 5-20-93 for $700,616.57, 5-24-93 for $1,280.75, 5-31-93 for $191,842.30, 5-26-93 for $376,133.99 and 5-28-93 for $10,000,000.00. The motion was seconded by Councilor Story. All members voted aye. Story made a motion to add Ordinance D-998 to the AGENDA ADD ON: agenda. The motion was seconded by Kendall. All members voted aye. COMMITTEE SPECIAL REPORTS: 1 COUNCIL NOMINATION FOR APPOINTEE TO THE CARMEL/CLAY PUBLIC LIBRARY Quinn made a motion to open the floor to BOARD OF TRUSTEES: nominations for the Council appointee to the Carmel/Clay Public Library Board of Trustees. The motion was seconded by Kendall. Quinn made a motion to nominate Doctor Judith Ann Edwards as Council appointee to the Carmel/Clay Public Library Board of Trustees. The motion was seconded by Kendall. Quinn, Story and Councilor Potasnik lauded the credentials of Doctor Edwards. Potasnik made a motion to close nominations. The motion was seconded by Kendall. Edwards was appointed by unanimous consent. Upon unanimous consent of the Council FINANCE COMMITTEE HEARINGS: the following dates were set for the Finance Committee public budget hearings: Monday, July 12, 1993 at 7:00 P.M., Thursday, July 15, 1993 at 7:00 P.M. and an alternate date of Thursday, July 22, 1992 at 7:00 P.M. Council members advised the Clerk-Treasurer to advise the Township Trustees and Park Board the hearings for their budget would be July 15, 1993. Kendall stated every effort would be made to televise the hearings. Potasnik stated the Sidewalk Committee would SIDEWALK COMMITTEE: meet in the City Hall Caucus Room on June 14, 1993 at 6:30 P.M. Potasnik invited all interested members of the public to attend. AGENDA CHANGES: Potasnik made a motion to move agenda item 9C (Resolution CC-6-7- 93-2) to the position of Agenda 9A under old business. The motion was seconded by Quinn. All members voted aye. OLD BUSINESS / SECOND READINGS: RESOLUTION CC-6-7-93-2 / A RESOLUTION WITH RESPECT TO THE ADOPTION OF THE "AMENDMENT TO THE COMPREHENSIVE PLAN UPDATE, CITY OF CARMEL Quinn made a motion to adopt Resolution AND CLAY TOWNSHIP, 1993": CC-6-7-93-2, a resolution with respect to the adoption of the amendment to the Comprehensive Plan Update, 1993. The motion was seconded by Story. Robert Hepler, special counsel to the Plan Commission, presented an overview for the necessity of a resolution to amend the Comprehensive Plan, as a first step, in providing the latitude necessary to make zoning changes (by ordinance) at a later date. Hepler stated the action would not change the zoning ordinance but would merely establish an overlay low density residential district averaging no more than one unit per gross acre. Extensive discussion ensued among Council members regarding the proposed resolution to amend the Comprehensive Plan Update. Potasnik, Councilor Painchaud, Councilor Fleming, and Councilor Snyder and Mayor Johnson expressed serious reservations regarding 2 Resolution CC-6-7-93-2. Kendall made a motion to amend Resolution CC-6-7-93-2 section #1 to change the wording from "to the advisable" to read "to be advisable" and to change the wording from "is such overlay" to read "in such overlay". The motion was seconded by Quinn. All members voted aye. Quinn, as the Council's representative to the Plan Commission, asked for the Council's favorable consideration of Resolution CC-6- 7-93-2 in order to help create a better and more streamlined planning process. Painchaud made a motion to amend Resolution CC-6-7-93-2 section #1 to add at the end of the paragraph "except that density may increase to 1.5 units per acre by special permit, provided certain buffers and transitional elements are affected consistent with the recommendations of the July 1992 S-1 Zone Planning Study subsection titled "Regulatory Strategies" on page 2." Motion died for lack of a second. Plan Commission President Ron Houck encouraged the Council to vote in favor of Resolution CC-6-7-93-2. Quinn, Story, and Kendall expressed confidence in the recommendations made by Hepler and Houck regarding Resolution CC-6- 7-93-2. Call for the question. Quinn, Story and Kendall voted aye. Snyder, Painchaud, Potasnik and Fleming voted nay. Motion failed. Quinn tendered his immediate resignation from the Plan Commission to Mayor Johnson. AGENDA CHANGES: Kendall made a motion to move agenda item 9B (Ordinance Z-281) to the next position of the agenda under old business. The motion was seconded by Potasnik. All members voted aye. ORDINANCE Z-281 - REQUEST FOR REZONE BY HILLS BUILDING AND CONSTRUCTION SERVICES, NO. 5, INC. OF PARCEL WITH COMMON ADDRESS, Story made a motion to 1020 SOUTH GUILFORD ROAD FROM R-1 TO R-4: approve Ordinance Z-281. The motion was seconded by Kendall. Glenn Brehm representing Hills Building and Construction Services No. 5, Inc. answered Council member's questions regarding the proposed rezone of property with the common address 1020 South Guilford Road from R-1 to R-4 in order to continue the second phase of Lennox Trace Development by the addition of 24 condominium units and seventeen garages. 3 Call for the question. All members voted aye. ORDINANCE Z-280 - REQUEST FOR REZONE BY LANGSTON DEVELOPMENT COMPANY AND BAYVIEW DEVELOPMENT COMPANY OF PARCEL A FROM B-5 TO B- 2, PARCEL B FROM B-5 TO R-4 AND PARCEL C FROM B-5 TO R-1: Story made a motion to approve Ordinance Z-280. The motion was seconded by Kendall. Quinn made a motion to amend Ordinance Z-280 to delete paragraph three (3). The motion was seconded by Kendall. James Nelson, representing the current property owner, Bayview Development Inc. and Langston Development, Inc., the contract purchaser of the real estate, answered Council member's questions regarding the proposed rezone for property located east of and adjacent near to the point where U.S. 31 and Keystone Avenue merge for mixed use development rezoning the western section of the property near the Meridian Corridor from B-5 to B-2 (which falls within the U.S. 31 Overlay Zone) and would, by commitment, not exceed a maximum amount of building construction beyond 190,000 square feet, the central section of the property from B-5 to R-4 which, by commitment, would not exceed 130 homes, and the eastern edge of the property from B-5 to R-1 where very little of that section of the property could be developed due to the fact that it was in a flood plain. The motion and second to amend Ordinance Z-280 was withdrawn by Quinn and Kendall. Discussion ensued among Council members regarding the B-2 classification and concerns for the potential for undesirable tenants for the property. City Attorney, Gordon Byers warned Council members to refrain from extracting commitments from the petitioner regarding potential tenants because such requests would be considered contract zoning which was illegal. Byers stated the petitioner, however, could volunteer commitments based on what the petitioner had heard in the Council hearing process. Call for the question. Story, Painchaud, Snyder and Fleming voted aye. Potasnik, Quinn and Kendall voted nay. Mayor Johnson called for a five minute recess. RECESS: RESOLUTION CC-6-7-93-2 / A RESOLUTION WITH RESPECT TO THE ADOPTION OF THE "AMENDMENT TO THE COMPREHENSIVE PLAN UPDATE, CITY OF CARMEL City Attorney, Gordon Byers referred to AND CLAY TOWNSHIP, 1993": Resolution CC-6-7-93-2 which failed to pass earlier in the evening. Byers provided an overview of the State statute that requires the legislative body to provide written statements of reasons why the comprehensive plan was rejected. Byers stated he would prepare, 4 for Council's consideration at the next regular meeting, written statements of the specific reasons for rejection, which would be forwarded to the Plan Commission for their review. Byers indicated State statute allows the Plan Commission sixty (60) days to consider the legislative rejection. Byers stated the Plan Commission is entitled to disapprove the rejection and return it to the Council again for consideration. Byers stated if it was rejected again by the Council, the Resolution could not be reintroduced. Byers stated the Plan Commission was also entitled to drop the issue. Quinn asked the City Attorney to obtain specific reasons from each Council member who voted against the Resolution as if "in findings of fact". PUBLIC HEARING: ORDINANCE D-992 - REQUEST FOR A $60,000 SPECIAL APPROPRIATION FOR STREET DEPARTMENT ELECTRICITY ACCOUNT. ORDINANCE D-997 - AN ORDINANCE REQUESTING A) TWO ADDITIONAL APPROPRIATIONS FOR THE CARMEL CLAY COMMUNICATIONS CENTER/ $10,050 - PC'S AND NETWORKING EQUIPMENT AND $11,135 - COMMUNICATIONS EQUIPMENT. B) ONE ADDITIONAL APPROPRIATION FOR THE CARMEL POLICE DEPARTMENT/ $22,288 - COMMUNICATIONS EQUIPMENT. C) ONE ADDITIONAL APPROPRIATION FOR THE CARMEL STREET DEPARTMENT/ Quinn made a motion to $175,000 - CONTRACTED STREET PAVING.: introduce Ordinance D-992 requesting an additional appropriation of $60,000 for the Street Department electricity account and D-997 requesting additional appropriations for $10,050 and $11,135 for Carmel Clay Communication Center PC's, networking and communications equipment, $22,288 for Carmel Police Department communications equipment and $175,000 for Carmel Street Department contracted paving, and to allow the public hearing to be simultaneously heard on both ordinances. The motion was seconded by Story. Johnson opened the hearing for Ordinances D-992 and Ordinance D- 997. Hearing no request from the public to speak, Johnson closed the public hearing. Discussion was withheld until the second reading on June 21, 1993. NEW BUSINESS: RESOLUTION CC-6-7-93-1 / A RESOLUTION OF THE CARMEL CITY COUNCIL Snyder made a motion to introduce SUPPORTING PSI ENERGY: Resolution CC-6-7-93-1, a resolution of the Carmel City Council supporting PSI Energy. The motion was seconded by Kendall. 5 Snyder read Resolution CC-6-7-93-1. Discussion ensued among Council members regarding the merits and possible repercussions of supporting such a resolution. Quinn suggested withdrawing any possible derogatory statements against Indianapolis Power and Light and Company and listing specific positive things PSI had done for the community along with a formal presentation of a proclamation to Mr. McClosky of PSI. Snyder stated she would be happy to do so. Story encouraged the Council to think about the lack of information available to Council members pertaining to the problems between Public Service Indiana and Indianapolis Power and Light. Story stated he would love to hear convincing statements from Council members why it would be beneficial for the City of Carmel to involve themselves with possible impact of such a resolution. Painchaud made a motion to postpone consideration of Resolution CC- 6-7-93-1 until the next meeting of the City Council allowing Councilor Snyder to make the proposed revisions. The motion was seconded Kendall. All members voted aye. RESOLUTIONS REQUESTING TRANSFERS OF FUNDS: CC-6-7-93-3 - CARMEL CITY COURT CC-6-7-93-4 - OFFICE OF THE CLERK TREASURER CC-6-7-93-5 - OFFICE OF THE MAYOR CC-6-7-93-6 THROUGH CC-6-7-93-13 - BOARD OF PUBLIC WORKS AND Johnson withdrew Resolutions CC-6-7-93-7 and CC-6-7-93-12 SAFETY: as duplicates. Quinn made a motion to adopt the requests for transfers of funds through the following Resolutions: Carmel City Court - Resolution CC-6-7-93-3 $250 from #302 (Office Supplies) into #515 (Maintenance Contracts) Carmel Office of the Clerk-Treasurer - Resolution CC-6-7-93-4 $500 from #300 (Official Forms) into #570-02 (Training Fees) Carmel Office of the Mayor - Resolution CC-6-7-93-5 $500 from #630 (Furniture and Fixtures and $500 from #640 (Office Equipment into #632.01 (Computer Equipment Hardware) Carmel Board of Public Works and Safety - Resolution CC-6-7-93-6 $10,000 from #475 (Insurance) into #450.02 (Promotional and Special Printing) Carmel Board of Public Works and Safety - Resolution CC-6-7-93-8 $5,000 from #470 (Workmans Compensation) into #440 (Telephone) Carmel Board of Public Works and Safety - Resolution CC-6-7-93-9 $10,000 from #470 (Workmans Compensation) into #110 (Salaries - Part-Time) Carmel Board of Public Works and Safety - Resolution CC-6-7-93-10 $2,000 from #120.03 (Overtime) into #110 (Salaries - Part-time) Carmel Board of Public Works and Safety - Resolution CC-6-7-93-11 $2,210 from #630 (Furniture and Fixtures) into #632.01 (Computer Equipment Hardware) Carmel Board of Public Works and Safety - Resolution CC-6-7-93-13 6 $5,000 from #475 (Insurance) into #525 (Building Rental) The motion was seconded by Painchaud. All members voted aye. ORDINANCE D-998 / AN ORDINANCE RESTRICTING TRANSFERS OF FUNDS Quinn made a motion to BETWEEN LINE ITEMS FOR ALL DEPARTMENTS: introduce Ordinance D-998, an ordinance restricting transfers of funds between line items for all City departments. The motion was seconded by Painchaud. Quinn made a motion to suspend the rules and act on Ordinance D-998. The motion was seconded by Painchaud. All members voted aye. Painchaud made a motion to approve Ordinance D-998. The motion was seconded by Story. All members voted aye. OTHER BUSINESS: REQUEST TO ADVERTISE FOR ADDITIONAL APPROPRIATIONS FOR THE CARMEL ENGINEERING DEPARTMENT / $50,375 - TRAFFIC SIGNAL & $100,000 - PARCEL PURCHASE 116TH STREET $20,950 - UPGRADE TRAFFIC SIGNAL & $54,000 - INSTALL SIDEWALKS: Quinn made a motion approve the request to advertise for additional appropriations as follows: CARMEL ENGINEERING DEPARTMENT $50,375 - Traffic Signal at Smokey Row and Rangeline Road $100,000 - Right-of-Way Purchase to Complete 116TH Street Project $20,950 - Upgrade Traffic Signal at Main and Guilford Street $54,000 - Install Sidewalks from the 1992 List The motion was seconded by Painchaud. Johnson asked for the advertising of the additional appropriation for sidewalk installation be changed from $54,000 to $150,000 in order to include monies needed for 1993 sidewalk installation. Story so moved. The motion was seconded by Snyder. Call for the question. All members voted aye. ANNOUNCEMENTS: Story stated, for the record, he SPENDING CUTS AND TAX INCREASES: believed Carmel resident's opinions were similar to those reflected in the recent Republican senate election win in Texas which by a 68/32 ratio won on the platform that spending cuts should precede tax increases. Story encouraged Council members to take heed in the upcoming budget deliberations and proceed with determination to reflect the desires of the taxpayers. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, _______________________________ 7 Susan W. Repp, Clerk-Treasurer Approved: _____________________________________ Mayor T. E. Johnson ATTEST: ______________________________________ Susan W. Repp, Clerk-Treasurer 8