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HomeMy WebLinkAboutCCM-07-18-94CARMEL CITY COUNCIL MEETING MINUTES JULY 18, 1994 7:00 P.M. ONE CIVIC SQUARE/COUNCIL CHAMBERS/ONE CIVIC SQUARE The regular meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Council members in attendance were Frank Fleming, Alan Potasnik, Tom Kendall, James Quinn, Christopher Painchaud, Tim Story and Luci Snyder. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. Councilor Quinn made a motion to approve the minutes of MINUTES: the Claims/Special meeting of July 11, 1994. The motion was seconded by Councilor Painchaud. Councilor Story abstained from voting but all other members voted aye. Motion carried. Councilor Kendall made a motion to approve the minutes of the regular meeting of June 20, 1994. The motion was seconded by Councilor Fleming. Councilor Snyder abstained from voting but all other members voted aye. Motion carried. Councilor Kendall made a motion to approve the claims CLAIMS: dated 7/6/94 in the amount of $11,000,000 and claims dated 7/7/94 in the amount of $394,972.28. The motion was seconded by Councilor Snyder. All members voted aye. Motion carried. SECOND READING/ORDINANCE D-1086/AN ORDINANCE FIXING THE SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CLERK-TREASURER AND COURT Councilor Quinn made a motion to adopt Ordinance D-1086. FOR 1995: The motion was seconded by Councilor Kendall. Mayor Johnson called for the question. All members voted aye. Motion carried. SECOND READING/ORDINANCE D-1087/AN ORDINANCE FIXING THE SALARIES OF ALL OTHER APPOINTED OFFICERS AND ALL OTHER EMPLOYEES OF THE CITY OF Councilor Potasnik made a motion to adopt CARMEL FOR 1995: Ordinance D-1087. The motion was seconded by Councilor Kendall. Councilor Quinn made a motion to add the word "full-time" to Section 5. The motion was seconded by Councilor Painchaud. All members voted aye. Motion carried. Councilor Story questioned the Mayor on the need for a Director. Story said that in light of the Mayor's efforts last year to do away with a Director and implement a Management Team, he wondered why the Mayor wanted to reinstate the Director's position. The Mayor stated a review of the management team was due in August and wanted the means to hire a director if he felt the management team concept was not working to his satisfaction. The Mayor said the position was not funded in the 1995 budget. The Mayor called for the question on the amendment. All members voted aye. Motion carried. Councilor Quinn then made a motion to amend Section 2 to leave the first sentence and the last sentence and strike the balance of the paragraph. The Clerk asked if the amendment would include language to indicate that longevity pay was above their regular salary. Quinn so moved. The motion was seconded by Councilor Kendall. The Mayor said he would be bringing back a new personnel policy in the form of an ordinance and the issue of longevity will be re- defined. Mayor Johnson called for the question. Councilor Quinn voted nay. All other Councilors voted aye. Ordinance D-1087 passed by a majority vote. INTRODUCTION/FIRST READING AND PUBLIC HEARING/ORDINANCE D-1085/AN ORDINANCE TO APPROPRIATE FUNDS FROM THE CUMULATIVE CAPITAL Councilor Kendall IMPROVEMENT FUND/$120,000/CITY HALL PARKING LOT: made a motion to introduce Ordinance D-1085. The motion was seconded by Councilor Painchaud. The Mayor opened the meeting to a public hearing calling for questions, comments or objections to the appropriation. Hearing none the Mayor closed the public hearing. A second reading will be held on August 1, 1994. INTRODUCTION/FIRST READING AND PUBLIC HEARING/ORDINANCE D-1089/AN ORDINANCE TO APPROPRIATE FUNDS FROM THE CUMULATIVE CAPITAL SEWER Councilor Quinn made a FUND/$177,300/CORRECT STORM DRAINAGE: motion to introduce Ordinance D-1089 and to suspend the rules and act on D-1089 this evening. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. The Mayor opened the meeting to a public hearing calling for questions, comments or objections to the appropriation. Hearing none the Mayor closed the public hearing. Councilor Painchaud moved to approve Ordinance D-1089. The motion was seconded by Councilor Quinn. Councilor Quinn also moved to declare an emergency and to allow the expenditure of funds for this project prior to State Tax Commissioners approval. The motions were seconded by Councilor Kendall. The motion was seconded by Councilor Kendall. Mayor Johnson called for the question. All members voted aye. Motion carried. Mayor Johnson called for the question on the Ordinance. All members voted aye. Motion carried. INTRODUCTION/FIRST READING AND PUBLIC HEARING/ORDINANCE Z-294/AN ORDINANCE TO AMEND ZONING ORDINANCE Z-201 BY DELETING CLUSTER Councilor Kendall made HOUSING OPTION FROM THE ZONING ORDINANCE: a motion to introduce Ordinance Z-294. The motion was seconded by Councilor Potasnik. The Mayor opened the meeting to a public hearing calling for questions, comments or objections. Councilor Snyder read a letter from Clay resident, Judy Hagan in support of the ordinance. Councilor Kendall made a motion to suspend the rules and act on Z- 294 tonight. The motion was seconded by Councilor Story. All members voted aye. Motion carried. The Clerk asked for an amendment to the title to the Ordinance that was being amended from Z-289 to Z-201. Councilor Quinn so moved. Councilor Kendall seconded the motion. All members voted aye. Motion carried. Councilor Kendall moved to approved Z-294. The motion was seconded by Councilor Quinn. Mayor Johnson called for the question. All members voted aye. Ordinance Z-294 passed unanimously. INTRODUCTION/FIRST READING AND PUBLIC HEARING/ORDINANCE Z-293/AN ORDINANCE TO AMEND ZONING ORDINANCE Z-289 BY ALLOWING FIREWORKS SALES IN THE B-1, B-2,B-3,B-4, B-5, B-6 AND B-7 BUSINESS DISTRICTS: Councilor Quinn made a motion to introduce Ordinance Z-293. The motion was seconded by Councilor Story. The Mayor opened the meeting to a public hearing calling for questions, comments or objections. Hearing none, the Mayor closed the hearing. Discussion among the Council members took place and the Mayor objected saying discussion should be held until the second reading and he only wanted the Councilors to asked specific questions about the ordinance to Dave Cunningham of DOCD. A second reading will be held on August 1, 1994. INTRODUCTION/FIRST READING AND PUBLIC HEARING/ORDINANCE Z-295/AN ORDINANCE TO AMEND ZONING ORDINANCE Z-289 BY THE INCLUSION OF Councilor Quinn made SECTION 4, ENTITLED PARKING LOT LANDSCAPING: a motion to introduce Ordinance Z-295. The motion was seconded by Councilor Snyder. The Mayor opened the meeting to a public hearing calling for questions, comments or objections. Hearing none, the Mayor closed the hearing. Mike Hollibaugh, DOCD, addressed the Council and explained the ordinance. Dr. Story questioned Section 35.2.2 and wondered who would have authority over this particular part. Councilor Quinn questioned the safety issue of planting trees and shrubs around parking lots. Discussion of the ordinance followed. Councilor Quinn made a motion to suspend the rules and act on Z-295 tonight. The motion was seconded by Councilor Potasnik. Councilors Snyder, Kendall and Painchaud voted nay. Motion did not pass. A second reading will be held on this ordinance on August 1, 1994. INTRODUCTION/FIRST READING AND PUBLIC HEARING/ORDINANCES C-175 AND This item was withdrawn C-176/ANNEXATION OF ASHMORE SUBDIVISION: from the agenda by the Mayor. Councilor CARRINGTON WOODS/DISCUSSION OF DRAINAGE PROBLEMS: Kendall made a motion to move this item up on the agenda and to suspend the rules and allow the public to speak. The motion was seconded by Councilor Story. All members voted aye. The Mayor said he would allow 2 minutes per person to speak or one spokes-person for the entire group could take a little longer. The Mayor went on to say this issue was a Board of Works issue and there was nothing for the City Council to do unless the Council wanted to fund it out of their budget. Councilor Kendall said the purpose was just to listen to the problem. Gordon Byers then said he had been contacted by the Carrington Woods Homeowner's Association attorney and a meeting between the Dad's Club, the school, developers and members of the Carrington Wood Homeowner's Association had been scheduled in order to resolve the problem. Tom Riddle, representing the association, outlined the drainage Councilor Quinn spoke in opposition to this ordinance. Quinn suggested they use a contract for the new man and wait and see if the 20 year employee actually retires and then put the replacement person on the payroll. Quinn stated that if the third man doesn't retire, the City will have employed three people full-time for two jobs. Mayor Johnson called for the question. Councilor Quinn voted nay. All other members voted aye. Councilor Painchaud made a motion to adopt TRANSFER RESOLUTIONS: the following resolutions to transfer monies in the various departments. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. Resolution CC-07-18-94-1 $4,000 from #100 to #640 and Clerk-Treasurer $ 500 from #100 to #210 Resolution CC-07-18-94-2 $ 550 from #100 to #350 CCCC Resolution CC-07-18-94-3 $20,000 from #100 to #120 CCCC Resolution CC-07-18-94-4 $ 1,000 from #501 to #364 CFD Councilor Kendall made a ADVERTISE FOR ADDITIONAL APPROPRIATIONS: motion to advertise for additional appropriations in the following amounts. The motion was seconded by Councilor Story. All members voted aye. The hearings will be held on August 1, 1994. 1.) $813,2000 for construction of 116th Street from Keystone to eastern city limits, including bridge over Cool Creek from the Local Roads and Streets Fund. 2.) $114,000 for inspection of the construction of 116th Street from Keystone to eastern city limits, including bridge over Cool Creek from CCD Fund. 3.) $70,775 for contractual services for the installation of a traffic signal and engineering fees at 146th and Carey Road from the MVH Fund. INTRODUCTION AND FIRST READING/ORDINANCE D-1091/AMENDING CHAPTER 2, ARTICLE 2 OF CITY CODE BY THE INCLUSION OF SECTION 2-22 ENTITLED Councilor Snyder made a motion to introduce STREET TREE COMMITTEE: Ordinance D-1091. The motion was seconded by Councilor Painchaud. Councilor Quinn made a motion to amend this "D" ordinance to a "Z" or zoning ordinance and send the ordinance to the Plan Commission for their review and recommendation. Councilor Quinn stated that if this ordinance was so good for the City, it should also be good for the township. The motion to amend was seconded by Councilor Kendall. Gordon Byers stated the City does not control the right-of-way in the township but rather that jurisdiction belonged to Hamilton County. Councilor Story questioned the position of forester. The Mayor stated this position was not a new position and the job would be done by an employee of the Street Department. More discussion followed concerning the regulation of right-of-way of the township. Mayor Johnson called for the vote on the amendment. Councilors Fleming, Potasnik, Snyder, Painchaud, Story voted nay and Councilors Kendall and Quinn voted aye. The motion to amend failed. Councilor Quinn made a motion to suspend the rules and act on D- 1091 tonight. The motion was seconded by Councilor Snyder. Councilor Kendall voted nay. The motion to act failed. A second reading will be held on August 1, 1994. INTRODUCTION AND FIRST READING/ORDINANCE D-1092/AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-64, ENTITLED, PLANTING AND REMOVAL OF TREES Councilor Snyder moved to introduce AND SHRUBS REGULATIONS: Ordinance D-1092. The motion was seconded by Councilor Story. Councilor Quinn made a motion to amend this "D" ordinance to a "Z" ordinance and refer it back to the Plan Commission for their review and recommendation. The motion was seconded by Councilor Kendall. The Mayor called for the vote. Councilors Fleming, Potasnik, Snyder, Painchaud and Story voted nay and Councilors Kendall and Quinn vote aye. The motion to amend failed. A second reading will be held on August 1, 1994. INTRODUCTION AND FIRST READING OF ORDINANCE D-1093/ESTABLISHING AN AUTOMATIC STOP INTERSECTION AT 146TH STREET AND CAREY ROAD: Councilor Quinn made a motion to adopt Ordinance D-1093 and suspend the rules for a second reading and pass the ordinance tonight. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance D-1093 passed unanimously. Councilor Quinn made a motion to declare that an emergency existed with respect to the installation of this automatic traffic signal and ordered the Clerk-Treasurer to honor all claims on this project prior to approval of the State Tax Commissioners for the additional appropriation. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. ORDINANCE D-1094/AN ORDINANCE AMENDING CITY CODE AND ESTABLISHING AN AUTOMATIC STOP INTERSECTION AT 131ST STREET AND GRAY ROAD AND AT Councilor Potasnik made a motion to 126TH STREET AND GRAY ROAD: introduce Ordinance D-1094. The motion was seconded by Councilor Kendall. Councilor Quinn moved to suspend the rules and act on Ordinance D- 1094 tonight. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Councilor Quinn moved to adopt Ordinance D-1094. The motion was seconded by Councilor Kendall. Mayor Johnson called for the question. All members voted aye. Ordinance D-1094 passed unanimously. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ________________________________ Approved, _________________________________ ATTEST: __________________________________