HomeMy WebLinkAboutCCM-05-03-93CARMEL CITY COUNCIL
MEETING MINUTES
May 3, 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, Frank
Fleming, Tim Story, Alan Potasnik, Chris Painchaud and Luci Snyder.
Jim Quinn was absent. City Attorney, Gordon Byers and Deputy
Clerk-Treasurer Janice L. Hope were also in attendance.
The invocation was given by Mayor Johnson followed by the Pledge of
Allegiance.
RECOGNITION OF CITY EMPLOYEES OR OUTSTANDING CITIZENS:
Mayor Johnson proclaimed the week of May 2nd through May 8th, 1993
as National Drinking Water Week in the City of Carmel.
Mayor Johnson proclaimed May 9th through May 15th, 1993 as National
Police Officers Memorial Week and ordered the United States Flag to
be flown at half-mast in front of Carmel Police Headquarters in
honor of all fallen officers.
Councilor Painchaud made a motion to approve
APPROVAL OF MINUTES:
the minutes of the regular session of April 19, 1993 as submitted.
The motion was seconded by Councilor Potasnik. All members voted
aye.
Mayor Johnson stated all
CITIZENS WHO WISH TO ADDRESS THE COUNCIL:
citizens who desired to speak regarding the rezone would be called
upon at the opening of the public hearing of the specific agenda
item. Johnson stated all citizens with a desire to speak, would be
held to a five minute maximum per person in order to conduct the
business of the City at a reasonable pace.
Richard Frost, 507 Stonehenge Drive, Carmel, read to the Mayor
state statute pertaining to the duties of the Clerk-Treasurer with
regard to presentation of resolutions and ordinances to the city
executive for approval. Frost provided a copy of the state
statute, which would be held in the Clerk-Treasurer's office for
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one week, for any member of the City Council interested in
reviewing the material.
Maxine Vanderlinden, 256 East Carmel Drive, Carmel, stated current
signage laws in Carmel were adversely impacting her ability to
attract business and asked when the new sign laws were scheduled to
be completed. Johnson stated they were in the process and a
completion date had not yet been scheduled. Johnson encouraged
Vanderlinden to seek information from the Department of Community
Development in City Hall and to attend the public hearing regarding
signage which would be advertised when scheduled.
Councilor Kendall made a motion to approve the claims
CLAIMS:
dated 1) 4-14-93 for $360,958.72, 2) 4-23-93 for $1,678,540.11, 3)
4-29-93 for $4,000,000.00, 4) 4-29-93 for $368,812.724. The motion
was seconded by Potasnik. All members voted aye.
COMMITTEE SPECIAL REPORTS:
KAWACHINAGANO, JAPAN CITY OFFICIALS MAY 4, 1993 VISIT TO CARMEL:
Kendall stated city officials of Kawachinagano, Japan would visit
Carmel on May 4, 1993 in an effort to build a closer relationship
with the City of Carmel. Kendall introduced Henry Cole of the
International Sister Cities Association to explain the financial
obligations of taxpayers pertaining to Sister Cities. Cole stated
the fee for belonging to the International Sister Cities
Association would be approximately $300 per year as assessed by the
Sister Cities Organization through population. Cole stated the
national Sister City office strongly recommends a not-for-profit
501C-3 Organization be established to develop financial sources for
funding activities of the Sister City program.
SIDEWALK COMMITTEE:
Johnson stated Sidewalk Committee Chairman Potasnik would be
accepting written requests from the public for sidewalk projects
connecting main thoroughfares throughout the City.
AGENDA CHANGES:
ORDINANCE A-73 / AN ORDINANCE REPLACING ORDINANCE A-68 REVISING
RATES FOR THE WATER UTILITY: NOTE FOR THE RECORD: THROUGHOUT THE
MEETING OF MAY 3, 1993, THE ORDINANCE REPLACING ORDINANCE A-68 WAS
REFERRED TO AS ORDINANCE A-72. DUE TO A PAGINATION ERROR, THE
Painchaud
ORDINANCE NUMBER HAS BEEN CHANGED FROM A-72 TO A-73.
made a motion to move agenda item 11A to this position on the
agenda. The motion was seconded by Kendall. All members voted
aye.
Councilor Story made a motion to introduce Ordinance A-72, an
ordinance replacing Ordinance A-68 revising (reducing) water
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utility rates. Johnson asked for Council consideration to suspend
the rules and act on Ordinance A-72 in order to put it in place
prior to the bond sale. Johnson stated if the bond rates were
favorable, it may be possible that the ordinance would be re-
written again to lower the rates even further.
Painchaud made a motion to suspend the rules and act on Ordinance
A-72. The motion was seconded by Story. All members voted aye.
Story made a motion to approve Ordinance A-72. The motion was
seconded by Painchaud. Story stated the proposed rates would still
be less than the average water bill in Indianapolis and the project
would help insure future supply and safety control through
increased capacity. Call for the question. All members voted aye.
OLD BUSINESS / SECOND READINGS:
ORDINANCE D-887 / AN ORDINANCE ESTABLISHING A SPECIAL NON-REVERTING
OPERATING FUND FOR THE CARMEL/CLAY BOARD OF PARKS AND RECREATION
AND ORDINANCE D-888 / AN ORDINANCE TO CREATE A NON-REVERTING
CAPITAL FUND FOR THE CARMEL/CLAY BOARD OF PARKS AND RECREATION:
Potasnik made a motion to approve Ordinance D-887, an ordinance
establishing a special non-reverting operating fund for the Carmel
Clay Board of Parks and Recreation and Ordinance D-888, an
ordinance to create a non-reverting Capital Fund for the Carmel
Clay Board of Parks and Recreation. The motion was seconded by
Kendall.
Discussion ensued among Council members and Carmel Clay Board of
Parks and Recreation Attorney Scott Benkie regarding Ordinances
D-887 and D-888 with respect to the legal disbursing agent of the
Parks Board Funds. Discussion of reconsideration of the joinder
agreement at a later date was proposed by Kendall who also included
Quinn's concurrence. Kendall made a motion to table Ordinances D-
887 and D-888 for one month until the City/Township Joinder
Agreement could be reconsidered. Motion died for lack of a second.
Benkie stated the Park Board was currently holding a check which
needed a capital fund for its deposit and also advised the Council
park monies generated in late spring and early summer would need an
operating fund as a depository.
Call for the question regarding Ordinance D-887. Five members
voted aye. Kendall voted nay. Motion carried. Call for the
question regarding Ordinance D-888. All members voted aye.
PUBLIC HEARING:
ORDINANCE Z-278 - (DAVIS PARCEL) REQUEST FOR REZONE FROM AN S-1 TO
AN S-1, R-2 DISTRICT AND ORDINANCE Z-279 (IRWIN PARCEL) REQUEST FOR
Story made a motion to
REZONE FROM AN S-1 TO AN R-2 DISTRICT:
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introduce Ordinance Z-278 an ordinance requesting rezone of the
Davis Parcel from an S-1 to and S-1, R-2 District. The motion was
seconded by Councilor Potasnik. Johnson set the guidelines for the
public hearing in regard to participation by the public and Council
members. City Attorney Gordon Byers explained what the
recommendation categories by the Plan Commission should mean to the
Council.
James Nelson, representing the petitioner, Brenwick Development
Co., Inc., presented the master plan regarding the development
named Waterstone which would include the parcels of land requested
in the rezone. Nelson gave a detailed explanation of why the
classifications were desired for each of the proposed parcels of
land in Ordinances Z-278 and Ordinance Z-279.
Mayor Johnson opened the hearing regarding Ordinance Z-278 and Z-
279 to the public. The following residents spoke against the
approval of Ordinance Z-279 citing lack of public input regarding
Hazeldell Road construction location, needless destruction of
mature forest, disruption of the quality of life in the Northwood
Hills community, opposition to the proposed heavy population
density of the neighborhood and direct conflict of the Waterstone
16.5 acre (Irwin Parcel) with the Comprehensive Plan:
Russ Zimmerman 5920 Bunty Lane
Sheridan Gilchrist 11836 Westwood
Doris Oliphant 11932 Westwood Drive
George E. Miller 11940 Westwood Drive
Karri Phelan 11901 Westwood Drive
Greg Binder 11819 Westwood Drive
Gloria Linville 5933 Bunty Lane
Michael Caron 12015 Forest Lane
James Nelson responded with a rebuttal to the Council by stating
the S-1 density was not consistent with the entire area nor the
Comprehensive Plan. Nelson stated the Northwood Hills community
was the exception to the rule regarding zoning in the entire area.
Nelson emphasized the request was consistent with the zoning for
the area and extensive tree planting was planned for the project
with tree preservation an important consideration for the plan.
Nelson stated the City of Carmel's Comprehensive Plan suggests a
roadway, boulevard or thoroughfare through this portion of the
township. Nelson stated the road had to go through the parcel of
land because it had to intersect near River Road and would not be
able to be put through Northwood Hills or Lake Forest. Nelson
stated the developer was compelled to place the road to meet the
requirements of the Comprehensive Plan.
Hearing no further requests from the public to speak, Johnson
closed the public hearing and opened discussion to the Council.
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Story made a motion to introduce Ordinance Z-279 an ordinance
requesting rezone of the Irwin Parcel from an S-1 to an R-2
District. The motion was seconded by Kendall.
Extensive discussion ensued among Council members, Mayor Johnson,
James Nelson, Greg Binder and Sheridan Gilchrist, regarding
Ordinance Z-279. Tom Ford of Pflum, Klausmeier & Gehrum answered
Council questions regarding the traffic impact study for the
Brenwick Development Company.
Johnson stated for the record, input of the representatives of
Northwood Hills was considered very seriously which prompted the
proposed road to be moved away from the west side of the Northwood
Hills property lines. Johnson objected to the suggestion that
Northwood Hills residents had no input regarding road placement.
Potasnik asked the Mayor to direct the City Attorney to provide the
City Council with the guidelines, dictated by law, for the Council
to consider in the rezone hearing process. The Mayor so directed
the City Attorney to provide a written explanation to be included
with the City Council packets for the May 17, 1993 meeting.
Further discussion was withheld until the second reading on May
17th. Audio and visual tapes of this meeting will be available for
public review in the Office of the Clerk-Treasurer.
Mayor Johnson called for a five minute recess.
RECESS:
PUBLIC HEARING - CONTINUED:
ORDINANCE C-166 - REQUEST FOR ANNEXATION OF MILLBROOK LOCATED WEST
OF AND ADJACENT TO KEYSTONE AVENUE, SOUTH OF EAST 116TH STREET AND
Painchaud made a motion to introduce
NORTH OF EAST 99TH STREET:
Ordinance 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 Councilor Snyder.
James Nelson, representing the petitioner, C.P. Morgan, Co., Inc.
and Estridge Development Co., Inc. requested annexation of the
described property of Ordinance C-166. Nelson stated the described
property, when developed, would be named Millbrook and include 122
single family homesites pursuant to primary plat approval by the
Plan Commission. Nelson stated upon completion the homes were
estimated to bring at least $360,000 in property tax revenues.
Nelson stated cost to the City would be minimal. Sewers were to be
provided by Clay Township Regional Waste District and water was to
be provided by Indianapolis Water Company and Fire Protection
currently covered the land because it was in Clay Township.
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Mayor Johnson opened the hearing regarding Ordinance C-166 to the
public. Hearing no request from the public to speak, Johnson
closed the public hearing and opened discussion to the Council.
Discussion ensued among Council members and Nelson regarding
Ordinance C-166. Further discussion was withheld until the second
reading on May 17th, 1993.
ORDINANCE D-889 / AN ORDINANCE REQUESTING A $150,000 ADDITIONAL
APPROPRIATION TO COVER CONSTRUCTION COSTS FOR A CIVIC CENTER SQUARE
Johnson stated Ordinance D-889 was a
CENTER SQUARE GAZEBO:
request for an additional appropriation of $150,000 to build a
gazebo on the grounds of City Hall in the Civic Square Center, and
asked the Council to consider suspending the rules to approve the
ordinance in order for construction to begin early enough to have
use of the facility by the end of the summer. Story made a motion
to approve Ordinance D-889. The motion was seconded by Painchaud.
Mayor Johnson opened the hearing regarding Ordinance D-889 to the
public. Hearing no request from the public to speak, Johnson
closed the public hearing and opened discussion to the Council.
Discussion ensued among Council members and the Mayor regarding
design and use and day-to-day scheduling operation of the gazebo
along with the possibility of including the Township in a cost-
share program. Johnson stated a shell design, which had been
considered, exceeded $750,000 in cost estimates thereby eliminating
it from consideration. Painchaud made a motion to suspend the
rules and act on Ordinance D-889. The motion was seconded by
Snyder. Potasnik made a motion to approve Ordinance D-889. The
motion was seconded by Kendall. Five members voted aye. Fleming
voted nay. Motion carried.
NEW BUSINESS:
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
Kendall made a
BY THE INCLUSION OF SECTIONS ENTITLED OVERTIME:
motion to introduce 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 Story. Kendall read the proposed amendments from
each ordinance regarding overtime.
Story asked the Mayor to direct the City Attorney to provide the
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City Council with an opinion regarding the ordinances and their
compliance with the Garcia Law. The Mayor so directed the City
Attorney to provide a written explanation to be included with the
City Council packets for the May 17, 1993 meeting.
Kendall asked the Mayor to direct Chief Couts, by the next meeting,
to provide a document showing all 1992 vacation days taken by each
Fire Department employees indicating whether vacation time was
taken during long periods or short periods.
Story made a motion to suspend the rules and allow anyone who
wished to speak to the ordinances, to address the Council. The
motion was seconded by Kendall. Hearing no request to speak,
further discussion was withheld until the second reading on May 17,
1993.
REQUEST TO ADVERTISE FOR A $60,000 SPECIAL APPROPRIATION FOR STREET
Johnson requested Council approval
DEPARTMENT ELECTRICITY ACCOUNT:
to advertise for an additional appropriation of $60,000 to replace
monies which had to be transferred for salt and overtime due to the
heavy snow. Story so moved. The motion was seconded by Kendall.
All members voted aye.
REQUEST TO ADVERTISE FOR AN $11,135 SPECIAL APPROPRIATION FOR
Story made a motion
CARMEL CLAY COMMUNICATIONS CENTER EQUIPMENT:
to approve the request to advertise for an $11,135 special
appropriation for Carmel Clay Communications Center Equipment. The
motion was seconded by Potasnik. Carmel Clay Communications Center
Director Jerry Lowe and Carmel Police Chief Roger Conn gave an
explanation for the necessity for additional emergency radio
equipment and relay rack cabinet to monitor Hamilton County and
Marion County Fire Departments, Paramedics and Indiana State
Police.
Discussion ensued among Council members, Lowe and Conn. Upon
consideration of the projected need by the Carmel Police Department
for additional radio equipment for the same reason, Story amended
his motion to change the advertisement total from $11,135 to
$30,000 which would include the equipment needed by the Police
Department. The motion was seconded by Painchaud. All members
voted aye.
ANNOUNCEMENTS:
THURSDAY, JUNE 3, 5:00 P.M. MEETING AT HAMILTON COUNTY JUDICIAL
Story stated a
CENTER FOR DISCUSSION OF SPECIFIC COUNTY TAXES:
meeting would be held Thursday, June 3, 1993 at 5:00 P.M. at the
Hamilton County Judicial Center in Noblesville for discussion of
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specific Hamilton County taxes including COIT. Story encouraged
City officials and the general public to attend.
SEMINAR FOR INDIANA LOCAL GOVERNMENT OFFICIALS MAY 24 -25, 1993 AT
Story encouraged participation of City officials
THE OMNI HOTEL:
at the seminar for Indiana Local Government Official on May 24 and
25, 1993 at the Omni Hotel. Johnson stated several members of the
Mayor's and Clerk-Treasurer's staff were registered for the
program.
Story asked the Mayor to
NATIONAL HIGH BLOOD PRESSURE MONTH:
present a proclamation naming May as High Blood Pressure Month and
May 15th as Stroke Awareness Day in order to encourage awareness of
the need for blood pressure testing.
City Council Meeting - May 3, 1993
There being no further business before the Council the meeting was
duly adjourned.
Respectfully submitted,
______________________________________
Janice L. Hope, Deputy Clerk-Treasurer
Approved:
_____________________________________
Mayor T. E. Johnson
ATTEST:
______________________________________
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Janice L. Hope, Deputy Clerk-Treasurer
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