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Home My WebLink AboutCCM-04-17-95CARMEL CITY COUNCIL APRIL 17, 1995 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE The Carmel City Council meeting was brought to order by Mayor Ted Johnson. Members in attendance were Frank Fleming, Jim Quinn, Alan Potasnik, Tom Kendall, Luci Snyder, Chris Painchaud and Tim Story. City Attorney Gordon Byers and Deputy Clerk-Treasurer Anne Hartman were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS: Mayor Johnson recognized from Carmel High School, the Girl's Basketball Team who came in second in State, the Men's Swim Team who came in first in State, and Hi-Lite Newspaper which is in the top 14 of the country. PROCLAMATION: Mayor Johnson proclaimed April 23rd-30th as Week of the Young Child. APPROVAL OF MINUTES: Councilor Painchaud made a motion to approve the minutes of March 20, 1995 and April 10, 1995. Councilor Fleming seconded the motion. Mayor Johnson called for the question. With Councilors Quinn and Snyder abstaining from April 10th and Councilor Kendall abstaining from March 20th, each due to absence, all members voted aye. Motion passed. CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Lisa Sauce, of the Hamilton County Humane Society , gave an update of the Society, and with Judy Levine requested $5,200 from the City of Carmel. Councilor Quinn stated it was unfair to look to Carmel for tax dollars when citizens were already taxed for that through County, and Carmel is being asked for money when Clay Township is not and stated the fair thing would be to have Clay Township asked for funds. Judy Levine passed out a memo from the Society's attorney which addressed Local Government Revenue Sources. (Memo attached to original minutes.) Councilor Painchaud asked that the request be taken under advisement. Mayor Johnson suggested the Humane Society present an ordinance to a Council member for consideration by Council. Councilor Quinn presented Council with the draft proposal of the Sign Ordinance drawn up by the Special Task force for their review, and, after the Public Hearing at the Plan Commission, would come before Council hopefully on July 17th. Judge Bardach spoke, at the request of Council, on the Judicial Education Program she has instituted involving 3rd, 4th and 5th graders. Councilor Kendall gave a Sister City update and presented gifts to the City from Japan. Mayor Johnson left the meeting. AGENDA ADD-ON: Councilor Potasnik made a motion to add Ordinance D-1151 as item 11b to the agenda. Councilor Painchaud seconded the motion. Council President Quinn called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE Z-301/REZONE PLUM CREEK DEVELOPMENT FROM S-1 TO B-3: Councilor Snyder made a motion to approve Ordinance Z-301, Rezone of Plum Creek Development. Councilor Potasnik seconded the motion. Councilor Story, citing a number of advantages, but personally opposing the ordinance referring to a suspected loss of business for O'Malia's on 126th Street, stated he would vote in favor of the ordinance. Kendall, mentioning a vacant store on Range Line, and possibly another vacancy left in the Marsh Plaza when that store moves, stated this ordinance would not help the business district and will vote against the rezone. Councilor Painchaud spoke in favor of the ordinance stating the comprehensive plan emphasizes the need for regional hubs to serve the community that surrounds it, and that it is not the job of the Council to protect existing businesses from competition. Councilor Potasnik spoke in favor of the ordinance stating it was a use question. Councilor Snyder also spoke in favor of the ordinance citing the need for smaller service stores in the area such as a bank and gas station and, to place a commercial area prior to the residential area is ideal. Council President Quinn called for the question. All members voted aye except Councilor Kendall who voted nay. Ordinance passed by a majority. SECOND READING ORDINANCE D-1140/ADDITIONAL APPROPRIATION/ $500,000/GENERAL FUND: Councilor Snyder made a motion to approve Ordinance D-1140, Additional Appropriation in the amount of $500,000 for city wide trash removal. Councilor Kendall seconded the motion. Councilor Painchaud made a motion to amend the ordinance by adding to original language Sections II, III & IV, and read the amendment. Councilor Snyder seconded the motion. 2 Councilor Potasnik questioned City Attorney if this substantially changes the ordinance. Councilor Quinn, concurring with the attorney, stated this ordinance establishes all authority to administer the contractual services in the Board of Public Works. Councilor Kendall spoke in favor of the ordinance stating it is "putting $120 back in my pocket" and is benefitting most of the people. Councilor Painchaud moved to amend the ordinance further by adding to Section I "Services contracted for in this ordinance shall, at a minimum, include all single family and condominium homes." Councilor Kendall seconded the motion. Council President Quinn called for the question on the amendment to the amendment. All members voted aye. Motion passed unanimously. Council President Quinn called for the question on the amendment. All members voted aye. Motion passed unanimously. Councilor Story spoke against the ordinance stating constituents were overwhelmingly against the use of extra money spent this way and cited several projects that are already in progress where the money might be used more wisely; and, while it is a good idea to return money, this was not the way. Councilor Painchaud also spoke against the ordinance after surveying constituents and finding them seriously opposed to this use of the money; that the public likes to have the choice of hiring and firing the vendor; and, if the $500,000 is not spent it will go back into the operating fund and the cash will be on hand. Council President Quinn called for the question. With Councilors Story and Painchaud voting nay, all others voted aye. Ordinance passed by a vote of 4-2. Council President Quinn stated for the record, had he been able to vote, he would have voted against the ordinance. FIRST READING & PUBLIC HEARING ORDINANCE C-179/ANNEXATION OF SPRING CREEK SUBDIVISION: Councilor Story moved to introduce Ordinance C-179, Annexation of Spring Creek Subdivision. Councilor Kendall seconded the motion. Attorney for the petitioner, Douglas Floyd, gave a brief description of the ordinance. Council President Quinn opened the Public Hearing at 8:55 P.M. Hearing and seeing no one who wished to speak the Public Hearing was closed at 8:55 P.M. 3 Council President Quinn asked if this petition had been presented to the Board of Public Works. Douglas Floyd stated it had not. Council President Quinn, after receiving the consensus of the council, requested it go before that board. Council President Quinn stated Ordinance C-179 will return for a second reading on May 1 and after it has been in front of the Board of Works. FIRST READING ORDINANCE D-1150/CONSENT TO ANNEXATION BY WESTFIELD: Councilor Potasnik moved to introduce Ordinance D-1150, Consent to Annexation by the Town of Westfield, and dispense with reading of same. Councilor Kendall seconded the motion. Councilor Potasnik moved to suspend the rules and act on Ordinance D-1150 tonight. Councilor Kendall seconded the motion. Council President Quinn called for the question. All members voted aye. Motion passed unanimously. Councilor Story moved to amend the ordinance by making it contingent upon the Clerk-Treasurer's office receiving the legal description. Councilor Kendall seconded the motion. After Councilor Painchaud questioned whether the legal description would change anything, Councilor Kendall moved to further amend the ordinance by making it contingent that none of the property was in Clay Township. Councilor Story seconded the motion. Council President Quinn called for the amendment. All members voted aye. Motion passed. Council President Quinn called for the question on the ordinance. All members voted aye. Ordinance passed unanimously. FIRST READING ORDINANCE D-1151/ESTABLISH NO PARKING 1ST AVENUE SE: Councilor Potasnik moved to introduce Ordinance D-1151, Establishment of No Parking on 1st Avenue SE during regular session school hours and dispense with reading of same. Councilor Fleming seconded the motion. Councilor Potasnik moved to suspend the rules and act on Ordinance D-1151 tonight stating the end of the school year draws near. Councilor Snyder seconded the motion. Council President Quinn called for the question on suspension. All members voted aye. Motion passed. Councilor Potasnik moved for the approval of Ordinance D-1151. Councilor Kendall seconded the 4 motion. Council President Quinn called for the question. All members voted aye. Ordinance passed unanimously. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, __________________________________________ Approved, __________________________________________ Attest: ______________________________ 5