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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 1 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 2 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: 3 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. 4 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. 5 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 6 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 7 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: ______________________________________ 8 Janice L. Hope, Deputy Clerk-Treasurer 9