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HomeMy WebLinkAboutCCM-08-01-94CARMEL CITY COUNCIL MEETING MINUTES Date: August 1, 1994 7:00 P.M. COUNCIL CHAMBERS / ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Council members in attendance were Frank Fleming, James Quinn, Alan Potasnik, Thomas Kendall, Christopher Painchaud, Tim Story and Luci Sndyer. City Attorney Gordon Byers and Clerk- Treasurer Susan Jones were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. Councilor Potasnik made a motion to MINUTES OF JULY 18, 1994: approve the minutes of July 18, 1994. The motion was seconded by Councilor Kendall. Councilor Kendall asked for a correction on page 4 of the minutes to indicate his nay vote on Ordinance Z-295. Councilor Quinn moved for the approval of the minutes as corrected. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Councilor Painchaud made a motion to approve claims dated CLAIMS: 7/12/94 in the amount of $821,973.67, claims dated 7/15/94 in the amount of $245,737.88 and claims dated 7/21/94 in the amount of $408,185.05. The motion was seconded by Councilor Snyder. All members voted aye. Motion carried. William Fortier, 4945 CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Wood Creek Drive, Carmel spoke to the Council about watering restrictions. Fortier asked the Mayor for consideration of moving his watering day from Saturday to another day. Fortier said that he was unable to meet social obligations because he was forced to stay at home on Saturday night to water his lawn. Fortier also called for a ban on new construction until the water system is adequate. The Mayor addressed Mr. Fortier's concerns and said this was the first time he had heard of his complaints. The Mayor said the new plant would be pumping water in the very near future and this should certainly be the last summer for watering restrictions. Public Hearing/Economic Development Commission Refinancing/Carmel City Attorney Gordon Byers stated this was Drive Office Building: not a formal hearing and notice of this agenda item through the agenda was sufficient. Alan Burns of the Carmel Economic Development explained this refinancing to the Council and stated the Carmel EDC had unanimously approved this refinancing. Discussion took place with regards to the cost of the attorney. Councilor Quinn stated, for the record, that the documents submitted exempted the City from paying any expense and that all costs would be paid by the petitioner. Gordon Byers said he would not bill the City or the Economic Development Commmission for his services. All fees would be paid by the petitioner. Councilor Quinn moved to introduce Ordinance D-2001. The motion was seconded by Councilor Snyder. Councilor Quinn moved to strike the word "special" from the ordinance. The motion was seconded by Councilor Snyder. The clerk stated there was no signature page for this ordinance. Two Council members did not receive a copy of this ordinance prior to the start of the meeting. A second reading will be held on August 15, 1994. Second Reading/Ordinance D-1085/An ordinance appropriating funds Councilor Snyder from the Cumulative Capital Improvement Fund: moved to approve Ordinance D-1085. The motion was seconded by Councilor Painchaud. Councilor Kendall asked for a cost breakdown including the original purchase price. The Mayor said he had already given that to the Council when he made his original request. The Mayor said the engineering costs were $11,000 and the construction cost was approximately $120,000. Kendall stated the cost of the new 40 parking spaces was $250,000. The Mayor said that included drainage, curbs and a new entrance to the back of City Hall and he was not aware of the original cost of the land. The clerk stated the cost of the land was $119,000 and copies of the purchase had been sent to the Mayor and to the Council many weeks ago. The Mayor said he didn't know anything about it and apparently the clerk has all the information but he wasn't aware of any records on the purchase because this took place so long ago. Councilor Quinn objected to the costs and suggested the City consider selling the land. Councilor Kendall asked about the current market value of the land and didn't feel the City would probably be able to get their money back out of the land but felt $250,000 was too high of a price for 40 new parking spaces. Mayor Johnson called for the vote. Councilors Kendall and Quinn voted nay. All other Councilors voted aye. Ordinance D-1085 passed by a majority. Second Reading/Ordinance Z-293/An ordinance amending Carmel/Clay Zoning Ordinance Z-289 and Chapter 10 of City Code allowing Councilor Quinn moved fireworks sales in certain business zones: to adopt Ordinance Z-293. The motion was seconded by Councilor Snyder. Councilor Potasnik stated he was opposed to this ordinance. Potasnik said that if you were to build in these zoning classifications, strict set-back and sign requirements for example, would have to be followed. But if you wanted to construct a fireworks stand, none of the zoning rules, regulations would apply. Potasnik stated the ordinance was unfair and not right. Potasnik said he wanted the ordinance to be returned to the Plan Commission for more work. Councilor Story agreed with Potasnik and said the application of this ordinance made the zoning rules un-even and this ordinance needed fine tuning. Councilor Kendall said the ordinance needed serious changes. After more discussion of the same, the Mayor called for vote. All members voted aye. Ordinance Z-293 was defeated by a unanimous vote. Second Reading/Ordinance Z-295/An ordinance amending Carmel/Clay Zoning Ordinance Z-289 but not Chapter 10 of City Code regulating Councilor Quinn made a motion to adopt parking lot landscaping: Ordinance Z-295. The motion was seconded by Councilor Fleming. Chamber of Commerce Executive Director, Nancy Blondin spoke to the Council about concerns she had with the ordinance. Blondin explained she was not opposed to the ordinance but wanted to make sure that businesses can be seen and this ordinance is not creating a financial hardship to already existing businesses. Councilor Quinn had concerns over older buildings that would apply for a remodelling permit that would come under this new ordinance, seriously limiting the space on existing land to expand or causing the business person to have to go through a lengthy and costly variance process. Councilor Quinn thought this ordinance had some serious issues that could come back later and cause major problems. Councilor Painchaud moved to table this ordinance but later withdrew his motion in order to facilitate more discussion of the ordinance. The Mayor said this ordinance had been through a lengthy process and public hearings had been held and wondered why the Council would want to refer it back to the Plan Commission. Councilor Quinn offered a method, through a computer, similar to virtual reality that could display the effects of this ordinance on a given business district such as Carmel Drive. After much discussion, the Council directed Councilor Painchaud to check into this process and report back to the Council at their next regular meeting. The Council by consensus, authorized Painchaud to spend up to $1,000 to get this sketch done. Councilor Painchaud then moved to table this ordinance with the intent to remove it from the table. The motion was seconded by Councilor Kendall. Councilors Potasnik and Story voted nay. All other Councilors vote aye. Motion passed. The Council has until September 27th to act on this ordinance. Gordon Byers said if it was returned to the Plan Commission, the reason for the defeat should be outlined. The Council directed the clerk to make sure this agenda item was placed on the agenda no later than September 19, 1994. Second Reading/Ordinance D-1091/An ordinance amending Chapter 2 of Councilor Kendall City Code to include a Street Tree Committee: made a motion to approve Ordinance D-1091. The motion was seconded by Councilor Quinn. Councilor Story expressed his concern over the language in paragraph E. He said he never liked the idea of an appointed body and/or committee being allowed to promulgate rules. Councilor Potasnik made a motion to amend paragraph E to read as follows: The City's forester shall be an employee of the Street Department. The forester shall have the power to promulgate and enforce rules, regulations and specifications concerning the planting, trimming, maintenance, and removal of trees, shrubs, and other plants upon the right-of-way of any street, or alley in the City. Such rules, regulations, and specifications shall be in ordinance form and shall not be in force until passage by the Council. Copies of such regulations, rules and specifications shall be available to the public through the street department and the office of the clerk-treasurer. The motion to amend was seconded by Councilor Kendall. Councilor Quinn said while he wanted the control of the street committee to be in an ordinance framework, he thought the rules should be administered by the Board of Public Works. Councilor Painchaud thought the Council shouldn't be in the business of micro-managing the City and this was a concern dealing with right-of-way and not personal property rights. After further discussion the Mayor called for the question on the amendment. Councilors Story, Snyder, Fleming and Painchaud voted nay. The motion to amend was defeated. Councilor Kendall then made a motion to amend paragraph E to change the first sentence to read, "The City's forester shall be an employee of the " and to change the last sentence City of Carmel striking the words "street department" and inserting the " office of " The motion was seconded by Councilor Quinn. the clerk-treasurer. All members voted aye. The amendment passed unanimously. Councilor Kendall then made a motion to add a sentence to paragraph (b) which said that a member of the Street Tree Committee could not be a member of the Parks Board or the Plan Commission. The motion did not receive a second. Councilor Quinn made a motion to amend Section 2-22 (b) to read as follows: The Committee shall be composed of seven (7) members, who shall reside in the City of Carmel, who shall be appointed by the Mayor. Committee members shall serve without compensation. The motion was seconded by Councilor Story. Councilor Kendall voted nay. All other members voted aye. Councilor Story called for a suspension of the rules and to act on this ordinance tonight. The motion was seconded by Councilor Kendall. All members voted aye. Councilor Story called for the question. Councilor Kendall vote nay. All other Councilors vote aye. Ordinance D-1091 passed by a majority vote. Second Reading/Ordinance D-1092/An ordinance amending Chapter 6 of City Code regulating the Planting and Removal of Trees and Shrubs Councilor Quinn made a motion to strike in Public Right-of-Way: Ordinance D-1092 and remove it from the agenda. The motion was seconded by Councilor Story. Councilor Quinn stated that Ordinance D-1092 conflicted with Ordinance D-1091. Councilor Potasnik agreed. The Council directed the Mayor and/or staff of the Department of Community Development to bring forth an ordinance at the next Council meeting that would repeal all other current ordinances that conflict with Ordinance D-1091. The Mayor said he would do so. Councilor Story called for the question. All members voted aye. Ordinance D-1092 was removed from the agenda. First Reading and Public Hearing/Ordinances C-175 and C- Councilor Quinn made a 176/Annexation of Ashmore Subdivision: motion to introduce Ordinance C-175. The motion was seconded by Councilor Snyder. Councilor Quinn made a motion to remove C-176 from the agenda. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Jennifer Shea of SAFCO stated the annexation was tract 1 of 2 tracts to be annexed. This parcel was 8 acres and was located on the south side of 146th Street and east of Hazel Del Road. The Mayor opened the hearing to the public. There being no one from the public to speak, the Mayor closed the hearing. Councilor Quinn made a motion to amend the Ordinance to include District 2 to the language of the Ordinance. The motion was seconded by Councilor Kendall. All members voted aye. Councilor Quinn questioned the Mayor if this parcel of land to be annexed would create any pockets of homes that were not in the City. Jennifer Shea stated it did not. Quinn asked the Mayor to have the City engineer review the annexation for this potential problem. A second reading will be held on August 15, 1994 on this annexation ordinance. After this annexation is complete, SAFCO will be bringing back C- 176 for the annexation of the remaining tract. First Reading and Public Hearing/Ordinance D-1095/An ordinance appropriating the Funds from the MVH Fund in the amount of $70,775 for the engineering and installation of a traffic signal at 146th and Carey Road - First Reading and Public Hearing/Ordinance D- 1096/An ordinance appropriating the Funds from the Local Roads and Streets Funds in the amount of $813,200 for contractual services for the construction of 116th Street to eastern City limits including the bridge over Cool Creek - First Reading and Public Hearing/Ordinance D-1097/An ordinance appropriating the Funds from the Cumulative Capital Development Fund in the amount of $114,000 for inspection of the construction of 116th Street to eastern City Councilor Quinn made limits including the bridge over Cool Creek: a motion to introduce Ordinances D-1095, D-1096 and D-1097. The motion was seconded by Councilor Painchaud. The Mayor opened the meeting to the public, however no one from the public was in attendance. Councilor Quinn called for a suspension of the rules to allow action on Ordinances D-1095, D-1096 and D-1097. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Councilor Quinn moved for the immediate adoption of Ordinances D- 1095, D-1096 and D-1097. The motion was seconded by Councilor Painchaud. Mayor Johnson called for the question. All members voted aye. Ordinances D-1095, D-1096 and D-1097 passed unanimously. Discussion with representatives of Telecas regarding their Reverse Sales representatives of Telecas gave a brief pitch 911 system: for the Reverse 911 system. Telecas said the main reason they were again pitching the system was because the $25,000 installation and system cost was being offered to Carmel for $18,500 and wanted Carmel to consider the savings. Telecas also said that a meeting had been held in which 19 to 20 members of the community, plus 2 members of the Council attended and those in attendance were in favor of the Reverse 911 system. Chief Roger Conn spoke in favor of the system but said that public safety was not at risk without the system. Conn said Reverse 911 was a tool he could use but it was not a matter of life or death. Jim Kinder of the Carmel Clay Communications system echoed Conn's remarks and said he did not have enough money in next year's budget to support the 19 lines required. No decision was made by the Council to appropriate or transfer funds for the purchase of this system. First Reading/Ordinance D-1098/An Ordinance establishing a 4-Way STOP intersection at Howe Drive, Grace Drive and Grace Court: Councilor Quinn made a motion to introduce Ordinance D-1098. The motion was seconded by Councilor Fleming. A second reading will be held on August 15, 1994 on this ordinance. Transfer of Funds/Carmel Street Department/$2,000 for cement to Councilor Quinn made a motion to adopt install handicap ramps: Resolution CC-8-01-94-1. The motion was seconded by Councilor Story. All members voted aye. Motion carried. Discussion of 4-Way STOP intersection at corner of Oldfield Drive Councilor Kendall withdrew this ordinance and Woodcreek Drive: from the agenda. Councilor Quinn so moved. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Request from Clerk-Treasurer to have BPW re-negotiate broadcasting The Council, contract with Hal Espey for taping Council meetings: through a motion made by Councilor Quinn and seconded by Councilor Painchaud, directed the Clerk-Treasurer to negotiate a new contract with Hal Espey for the taping of all council meetings and budget committee meetings and return said contract to the Council for their approval. All members voted aye. Motion carried. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ________________________________ Approved, ________________________________ ATTEST: __________________________________________