HomeMy WebLinkAboutCCM-05-17-93CARMEL CITY COUNCIL
MEETING MINUTES
May 17, 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 May 18, 1993 as Mark Shoup Day in the in
the City of Carmel to honor of Shoups distinguished service and
inspiration to his students in Carmel High School.
Mayor Johnson proclaimed May 17th through May 23rd, 1993 as High
Blood Pressure Awareness Week to encourage Carmel citizens to be
tested for high blood pressure.
Councilor Story made a motion to approve the
APPROVAL OF MINUTES:
minutes of the regular session of May 3, 1993 correcting those
minutes to indicate Councilor Kendall as making the motion to
approve the minutes of April 19th. The motion was seconded by
Councilor Kendall. All members voted aye.
Mayor Johnson stated all
CITIZENS WHO WISH TO ADDRESS THE COUNCIL:
citizens who desired to speak to issues on the agenda, would be
called upon at the opening discussion of the specific agenda item.
Johnson stated all citizens who were unable to wait could speak to
their issue at this portion of the meeting.
Richard Frost, 507 Stonehedge Drive, Carmel, addressed the Council
with several of his concerns regarding contracts and made
suggestions.
Clerk-Treasurer Repp stated the claim for $450.43 would
CLAIMS:
have to be voted on separately because the claim had not been
signed by a Council member. Kendall made a motion to approve the
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claims dated 1) 5-7-93 for $244,751.75. The motion was seconded by
Story. All members voted aye.
Quinn made a motion to approve the claim docket dated 5-10-93 for
$450.43. The motion was seconded by Kendall. Discussion ensued
among Council members regarding City Council policy for spending
from the Council. Kendall stated he believed the claim should be
paid from the Mayor's promotional budget. Jones requested the
Council to set policy regarding individual Council members ability
to spend from the Council budget, since one rule could not apply to
one Council member and not another. The Council declined to set
policy regarding Council budget spending procedures for the
present. Call for the question. Potasnik, Snyder, Fleming and
Story voted aye. Painchaud, Kendall and Quinn voted nay. Motion
carried
REQUEST FOR DISCUSSION OF POLICY REGARDING EXPENDITURES FROM THE
Quinn made a motion to withdraw the request
CITY COUNCIL BUDGET:
for discussion of policy regarding expenditures from the City
Council budget from the agenda. The motion was seconded by
Fleming. All members voted aye.
Potasnik asked the sidewalk committee members
SIDEWALK COMMITTEE:
to advise him as soon as possible when a time could be conveniently
arranged to set up a meeting. Johnson received a consensus from
the Sidewalk Committee members to proceed with design and
installation of sidewalks not completed in 1992. Quinn asked the
Mayor to propose installation of sidewalks on the rest of Main
street for the Sidewalk Committee to consider.
AGENDA CHANGES:
Potasnik made a motion to add Ordinance A-72, an ordinance amending
Ordinance A-67 to the agenda. The motion was seconded by Kendall.
All members voted aye.
OLD BUSINESS / SECOND READINGS:
ORDINANCE Z-278 - (DAVIS PARCEL) REQUEST FOR REZONE FROM AN S-1 TO
AN S-2, R-2 DISTRICT AND ORDINANCE Z-279 (IRWIN PARCEL) REQUEST FOR
Quinn made a motion to
REZONE FROM AN S-1 TO AN R-2 DISTRICT:
adopt Ordinance Z-278, an ordinance requesting rezone of the Davis
Parcel from an S-1 to and S-1, R-2 District and Ordinance Z-279, an
ordinance requesting rezone of the Irwin Parcel from an S-1 to an
R-2 District with voting to be done separately on each ordinance.
The motion was seconded by Potasnik.
Quinn asked the City Attorney if the withdrawal of federal funding
for the widening of 116th Street was substantive enough to require
the application for rezone of the Davis parcel to the Plan
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Commission for re-consideration. Quinn stated he believed the
change would have affected deliberations and possibly the decision
concerning the rezone request. City Attorney Gordon Byers stated
the Plan Commission was an advisory body only and variables
occurring after a Plan Commission hearing should not force a re-
introduction of the request to the Plan Commission. Byers stated
after-the-fact variables, however, could and should be considered
by the Council in their deliberations.
Johnson admonished Councilors Quinn and Kendall to refrain from
debate concerning federal funding of 116th Street until meetings
and negotiations concerning funds affecting the project were
completed.
Quinn made a motion to table Ordinance Z-278 for thirty days. The
motion was seconded by Kendall. Quinn, Kendall and Painchaud voted
aye. Story, Snyder, Fleming and Potasnik voted nay. Motion
failed.
Discussion ensued among Council members regarding Ordinance Z-278
which covered concerns ranging from impact of the project on local
schools, density, infrastructure and citizen's concerns regarding
over-development and traffic. Potasnik encouraged Council members
to look to past precedent for City development to determine the
response the Council should have toward managed growth without fear
of the school board holding future City development hostage.
Call for the question regarding Ordinance Z-278. Potasnik, Snyder
and Fleming voted aye. Kendall, Quinn, Painchaud and Story voted
nay. Motion failed.
Michael Caron of 12015 Forest Lane, Carmel encouraged Council
members to vote against Ordinance Z-279 and thanked the Council
members for addressing all of the concerns of the Northwood Hills
residents.
Discussion ensued among Council members regarding Ordinance Z-279
pertaining to the trees on the proposed rezone property, citizens
concerns for density and lack of adequate traffic considerations.
Call for the question regarding Ordinance Z-279. Potasnik voted
aye. Six members voted nay. Motion failed.
ORDINANCE C-166 - REQUEST FOR ANNEXATION OF MILLBROOK LOCATED WEST
OF AND ADJACENT TO KEYSTONE AVENUE, SOUTH OF EAST 116TH STREET AND
Story made a motion to adopt Ordinance
NORTH OF EAST 99TH STREET:
C-166, an ordinance requesting annexation of Millbrook, located
west of and adjacent to Keystone Avenue, south of east 116th Street
and north of east 99th Street. The motion was seconded by
Potasnik. Call for the question. Six members voted aye. Quinn
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voted nay. Motion carried.
James Nelson, representing the petitioner, C.P. Morgan, Co., Inc.
and Estridge Development Co., Inc. requested the Office of the
Clerk-Treasurer to assign a Councilmanic district upon presentation
of the ordinance for signature.
ORDINANCES D-878, D-879, D-880, D-881, D-882 AND D-884 / ORDINANCES
AMENDING CHAPTER 2, ARTICLE 2, SECTION 2-50 OF THE CARMEL CITY CODE
The following
BY THE INCLUSION OF SECTIONS ENTITLED OVERTIME:
employees appealed to the Council to vote against Ordinances D-878,
D-879, D-880, D-881, D-882 and D-884 advising the Council the rule
would adversely affect their individual compensation and well-
being, place strain on current manpower, and adversely affect
morale:
Chief Steven A. Couts Kent Steury
Matthew F. Hoffman Steve Witsken
Scott Tierney Brad Bartrom
John Moriarty Michael Lux
Kennneth D. Overton Paul Pace
Steve Baskerville Jeff Steele
Frank Vallone Robert Halpin
Stephen Reeves Eric E. Ehlers
Terry Fleming
Quinn made a motion to approve Ordinances D-878, D-879, D-880,
D-881, D-882 and D-884 amending chapter 2, article 2, section 2-50
of the Carmel City Code by inclusion of sections entitled overtime.
The motion was seconded by Kendall.
Discussion ensued among Council members and Chief Couts regarding
Ordinances D-878, D-879, D-880, D-881, D-882 and D-884.
City Attorney Byers stated all City employees should be formerly
notified of a hearing regarding the proposed overtime ordinances
because the benefit currently, by law, was regarded as a property
right of the employee. Byers stated since the ordinances would
adversely affect the proprietary interest of the employee, as
determined by the Federal Fair Labor Standards Act , he suggested
the employees be notified of a public hearing on July 19, 1993, to
be included in their next paycheck.
Painchaud made a motion to postpone further discussion until the
meeting of July 19, 1993 for which the employees should duly be
notified of such public meeting, preferably with their payroll
checks, as soon as possible, with all amendments to the ordinances
to be provided early enough at subsequent meetings, thereby,
allowing time for all employees to review the amended ordinance.
The motion was seconded by Story. All members voted aye.
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PUBLIC HEARING:
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:
Painchaud made a motion to introduce Ordinance Z-280. 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, petitioned the
Council for approval of a rezone for property located east of and
adjacent near to the point where U.S. 31 and Keystone Avenue merge.
Nelson requested zoning for mixed use development rezoning the
western section of the property near the Meridian Corridor from B-5
to B-2 which 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 since it was in a flood plain.
Johnson opened the hearing regarding Ordinance Z-280 to the public.
Cynthia Faust of 1301 N. Rangeline Road. Faust stated her home was
south and east of the proposed rezone area. Faust stated she was
mainly concerned with the density of the area with little or no
obvious plans to alleviate the already serious traffic problems in
the area.
Hearing no further requests for the public to speak, Johnson closed
the public hearing and opened discussion to the Council.
Discussion ensued among Council members, petitioner Nelson,
remonstrator Faust and Jim Klausmeier who provided the petitioner's
traffic impact study. Further discussion was withheld until the
second reading on June 7, 1993.
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:
introduce Ordinance Z-281. The motion was seconded by Painchaud.
Glenn Brehm representing Hills Building and Construction Services
No. 5, Inc. requested 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. Brehm stated Hills was
contracted to the 5.6 acres to the south of the property and a
Phase 3 plan would be presented to the Council and Plan Commission
at a later date.
Johnson opened the hearing for Ordinance Z-281 to the public.
Hearing no request from the public to speak, Johnson closed the
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public hearing and opened discussion to the Council. Discussion
ensued among Council members regarding Ordinance Z-281.
Quinn made a motion to suspend the rules and act on Ordinance Z-
281. The motion was seconded by Story. Four members voted aye.
Potasnik and Fleming voted nay. Snyder left the room and did not
vote. Motion failed.
Further discussion was withheld until the second reading on June 7,
1993.
ORDINANCE D-992 / AN ORDINANCE REQUESTING A $60,000 SPECIAL
APPROPRIATION FOR THE CARMEL STREET DEPARTMENT ELECTRICITY ACCOUNT:
Story made a motion to table Ordinance D-992 until the next regular
meeting because the public hearing had not been properly
advertised. The motion was seconded by Painchaud. All members
voted aye.
NEW BUSINESS:
ORDINANCE D-990 / AN ORDINANCE CREATING SECTION 66 OF CHAPTER 6,
ARTICLE 4 OF THE CARMEL CITY CODE ENTITLED "USE OF THE CARMEL CITY
Kendall made a motion
STREETS BY RUNNERS, JOGGERS OR PEDESTRIANS":
to introduce Ordinance D-990, an ordinance entitled " Use of the
Carmel City Streets by Runners, Joggers or Pedestrians" allowing
him to read the ordinance for the benefit of the public.
Motion died for lack of a second.
ORDINANCE D-991 / AN ORDINANCE AMENDING SECTION 2-37 OF THE CARMEL
CITY CODE REGARDING PROBATIONARY TIME PERIODS FOR EMPLOYEES OF THE
Carmel Clay Communications
CARMEL CLAY COMMUNICATIONS CENTER:
Center Director Jerry Lowe requested Council consideration to
change the required probationary period for City of Carmel
civilians to exempt Communication Center civilians, since the long
training process of Communication Center civilians would sensibly
require a one year probationary period.
Potasnik made a motion to introduce Ordinance D-991. The motion
was seconded by Snyder. Story made a motion to suspend the rules
and act on Ordinance D-991. The motion was seconded by Potasnik.
Six members voted aye. Quinn voted nay. Motion failed.
Quinn asked the Mayor to direct the City Attorney to provide an
opinion as to why exempting Communications Center civilian
employees from the probation rule for all other civilian employees,
would not be discriminatory and perhaps leave the City vulnerable
to litigation. Potasnik asked the City Attorney to render an
opinion regarding individual departments and determine if each was
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unique in and of themselves. Kendall asked the City Attorney if
removing the probation period from Communications Center employees
was a proprietary right of the employee, which would require
notification of those employees and a public hearing. Byers stated
those employees would have to be notified of a public hearing and
he would incorporate that statement with his written opinion.
Further discussion was withheld until the public hearing and
notification of Communication Center employees on July 19, 1993.
RESOLUTION CC-5-17-92-1 / A RESOLUTION REQUESTING TRANSFER OF
Quinn made a motion to adopt
CARMEL STREET DEPARTMENT FUNDS:
Resolution CC-5-17-92-1, a resolution transferring the funds of the
Carmel Street Department as follows:
$6,000 from #502 (Contracted Street Repaving Account)
into #362 (Cement Account)
The motion was seconded by Painchaud. All members voted aye.
RESOLUTION CC-5-17-92-2 / A RESOLUTION REQUESTING TRANSFER OF THE
Quinn made a
CARMEL POLICE DEPARTMENT - LAW ENFORCEMENT AID FUNDS:
motion to adopt Resolution CC-5-17-92-2, a resolution transferring
the funds of the Carmel Police Department Law Enforcement Aid Funds
as follows:
$400 from #120-00 (Overtime)
into #302-00 (Office Supplies)
The motion was seconded by Potasnik. All members voted aye.
OTHER BUSINESS:
REQUEST FOR ANNUAL LICENSE APPROVAL / YELLOW CAB OF CARMEL:
Quinn made a motion to approve the annual license for Yellow Cab of
Carmel as recommended
by the Clerk-Treasurer. The motion was seconded by Snyder. All
members voted aye.
REQUEST TO ADVERTISE FOR A $10,050 SPECIAL APPROPRIATION FOR CARMEL
Story made a motion
CLAY COMMUNICATION CENTER COMPUTER EQUIPMENT:
to direct the Clerk-Treasurer to advertise for an additional
appropriation for Carmel Clay Communication Center computer
equipment for $10,050. The motion was seconded by Potasnik. All
members voted aye.
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Johnson stated if the Township was unable to meet before the public
hearing in order to receive Board approval to pay their share, he
would suggest the Ordinance not be passed until the Township could
meet.
REQUEST TO ADVERTISE FOR A $175,000 SPECIAL APPROPRIATION FOR
CARMEL STREET DEPARTMENT 1993 PROPOSED PAVEMENT PROGRAM:
Quinn made a motion to direct the Clerk-Treasurer to advertise for
an additional appropriation for the Carmel Clay Street Department
proposed 1993 pavement program for $175,000. The motion was
seconded by Story. All members voted aye.
ORDINANCE A-72 / AN ORDINANCE AMENDING ORDINANCE A-67 AN ORDINANCE
AUTHORIZING THE ISSUANCE OF WATERWORKS REVENUE BONDS AND PROVIDING
FUNDS TO PAY THE COST OF CERTAIN ADDITIONS, EXTENSIONS AND
IMPROVEMENTS OF THE MUNICIPAL WATERWORKS OF SAID CITY, PROVIDING
FOR THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS,
OTHER MATTERS CONNECTED THEREWITH, AND REPEALING ORDINANCES
City Attorney Gordon Byers stated Ordinance
INCONSISTENT HEREWITH:
A-72 was an ordinance issued to amend Ordinance A-67 that had been
approved by the Common Council on December 7, 1992. Byers stated
bond counsel, Ice Miller Donadio and Ryan advised the City of the
necessity to insert certain language in the ordinance to satisfy
the request of the company insuring the bond. Byers stated bond
pre-closing on May 26, 1993 and final closing May 27, 1993 would
force the necessity of the Council to suspend their rules and act
on Ordinance A-72 that evening. Byers stated closing was scheduled
for one day prior to the deadline of the construction contracts.
Byers stated the cost of the insurance would be paid by the bond
purchasers. Byers advised the potential expense for the City would
only apply to the cost of an audit if requested by the company
insuring the bond.
Painchaud made a motion to introduce Ordinance A-72. The motion
was seconded by Story. Discussion ensued between Quinn, Story,
Mayor Johnson and Byers regarding the bond rate and Utility rating.
Quinn made a motion to suspend the rules and act on Ordinance A-72.
The motion was seconded by Kendall. All members voted aye.
Painchaud made a motion to approve Ordinance A-72. The motion was
seconded by Kendall. All members voted aye.
ANNOUNCEMENTS:
Clerk-Treasurer
HAMILTON COUNTY SENIOR SERVICES ORGANIZATION:
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Susan W. Repp stated Council members had not submitted a claim to
pay the Hamilton County Senior Services Organization. Repp stated
the organization has made inquiries regarding the funds. Repp
stated the Council had set aside $6,000 during the 1992 budget
process. By consensus of the Council, Repp was advised the
organization could submit a claim and it would be paid.
Repp stated the information
INFORMATION RETRIEVAL SYSTEM:
retrieval system for City Code, Council minutes and BPW minutes
were available on laptop computer for the use by Council members.
Repp requested one day notice if a Council member would need the
laptop computer.
Repp stated City Attorney Byers had placed
HOOSIER CODIFICATION:
Hoosier Codification on 60 day notice to terminate the contract due
to poor performance as outlined in the contract obligations. Repp
stated Hoosier Codification currently held 6 months of "uncodified
ordinances". Repp advised the Council that additional funds may be
required to transfer the City code to another codifier.
City Council Meeting - May 17, 1993
There being no further business before the Council the meeting was
duly adjourned.
Respectfully submitted,
_______________________________
Susan W. Repp, Clerk-Treasurer
Approved:
_____________________________________
Mayor T. E. Johnson
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ATTEST:
______________________________________
Susan W. Repp, Clerk-Treasurer
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