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:
__________________________________________