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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 1 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 2 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 3 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. 4 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 5 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 6 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. 7 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: 8 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 9 ATTEST: ______________________________________ Susan W. Repp, Clerk-Treasurer 10