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HomeMy WebLinkAboutCCM 03-20-95CARMEL CITY COUNCIL MARCH 20, 1995 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE The Carmel City Council was brought to order by Mayor Ted Johnson. Members in attendance were Frank Fleming, Jim Quinn, Alan Potasnik, Luci Snyder, Chris Painchaud and Tim Story. Deputy Clerk-Treasurer Anne Hartman was also in attendance with City Attorney Gordon Byers arriving later in the meeting. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. PROCLAMATIONS: Mayor Johnson proclaimed April as Parliamentary Law Month, March as Seikyo Gakuen Junior/Senior High School month, and April 9th-15th as Telecommunicators Week. APPROVAL OF MINUTES: Councilor Fleming made a motion to approve the minutes of March 6, 1995. Councilor Snyder seconded the motion. Mayor Johnson called for the question. With Councilor Quinn abstaining from vote due to absence at that meeting, all other members voted aye. Motion passed. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Johnson recognized Robert Hoyt , resident at 220 1st Avenue S.E., who spoke of problems with students parking on 1st Avenue S.E. and requested the curbs be marked yellow at the intersections. Daryl Farrington , resident at 10803 East Lakeshore Drive, spoke of concerns regarding student safety on 106th Street at Keystone and at East Lakeshore Drive. Richard Frost , 507 Stonehedge Drive, spoke against Greenway project. APPROVAL OF CLAIMS: Councilor Quinn made a motion to approve the following claims. Councilor Painchaud seconded the motion. 02/18/95 $ 6,558,226.73 03/01/95 26,448.99 03/02/95 429,865.16 03/09/95 542,323.72 03/03/95 13,000,000.00 Councilor Quinn asked Judge Gail Bardach to explain a claim from PRIDE that a council member had questioned. Judge Bardach explained PRIDE, Parents Resources Institute for Drug Education, is a three day conference in Indianapolis that she was asking prior approval on. Mayor Johnson called for the question. All members voted aye. Motion passed. COMMITTEE SPECIAL REPORTS: Sam Rincker, Treasurer, and David Carter, President of the Carmel/Clay Parks & Recreation Board presented Council with the 1994 Annual Report and spoke of the upcoming events sponsored by Parks. ADD-ONS: Councilor Quinn made a motion to amend the agenda by adding on item CC03-20-95-01 as item 11b. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Councilor Quinn made a motion to further amend the agenda by moving item 11a, First Reading of Ordinance D-1149 to the first item under Old Business. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1149/CALCULATING OVERTIME RATES: Councilor Snyder made a motion to introduce Ordinance D-1149, Calculating Overtime Rates and dispense with reading of same but with an explanation from Mayor Johnson. Councilor Painchaud seconded the motion. Mayor Johnson explained this ordinance establishes the overtime rate to be paid to City employees to be calculated by taking the bi-weekly pay plus longevity as reaffirmed by the Fair Labor Standards Act of 1938; and, if enacted, be retroactive to December 31, 1994. Councilor Painchaud made a motion to suspend the rules and act on Ordinance D-1149 tonight. Councilor Story seconded the motion. Council President Quinn called for the question. All members voted aye. Motion passed. Council President Quinn relinquished the gavel to Deputy Clerk-Treasurer Anne Hartman and moved to amend Ordinance D-1149 by changing Section 1 to read "The City of Carmel, in determining all wages and compensation of City employees, shall comply with the Fair Labor Standards Act of 1938 and as amended." Council President Jim Quinn took the gavel back and called for the question. With Story voting nay, all other members voting aye, amendment passed. Mayor Johnson took the gavel back and recognized citizens who wished to speak. Police Chief Roger Conn spoke in favor of the ordinance and confirmed that it will be retroactive to December 31, 1994. Mayor Johnson called for the question. All members voted aye. Motion passed. 2 SECOND READING ORDINANCE D-1140/ADDITIONAL APPROPRIATION $500,000/ GENERAL FUND: Councilor Painchaud made a motion to approve Ordinance D-1140, Additional Appropriation in the amount of $500,000 for City wide trash collection from the General Fund. Councilor Potasnik seconded the motion. Councilor Painchaud stated the ordinance should be for all residents including apartments and condominiums. Councilor Story pointed out other costly projects in progress around the City and stated although the Ordinance is well intended was not the best use of the money, representing 7% of the total budget, and will vote against. Councilor Quinn opposed the Ordinance stating that it is a business the City should not be in and it did not exclude any residents/occupants as written. Councilor Snyder spoke in favor of the Ordinance stating that Council had made a commitment to give the excess COIT funds back to the homeowners, and, the City was not getting into the trash business, it was going to be contracted out and that this gives the City the chance to count recyclables. Councilor Fleming spoke in favor of the Ordinance citing the health and safety of citizens by having fewer trucks on residential streets. Councilor Quinn questioned how to mandate separation of trash with reluctant homeowners. After some further discussion Councilor Snyder made a motion to amend the ordinance by adding after City wide "single family residential". Motion died for lack of second. Councilor Snyder made another motion to add "residential" after City wide. Councilor Painchaud seconded the motion. Quinn questioned whether residential would include all multiple family dwellings and nursing homes with bio-hazardous waste, any place where people reside. Councilor Potasnik stated these issues raised could be addressed when the contracts are bid. Mayor Johnson explained that the maximum levy can not be reduced as you loose that million dollars forever, this is giving the taxpayers back one million dollars, businesses are not included at this time, they do receive tax deductions for trash pick-up and maybe at a later date we can do something for them in the way of a tax rebate. Councilor Quinn asked if City could stop trash pick-up if it were found that the money was needed everyone elsewhere and as the ordinance is amended it is unfair, it was fair as originally written as pays 3 taxes. Councilor Snyder stated she did want to create a special benefit for a certain group of people, the homeowner, and this ordinance does that. Mayor Johnson called for the question on the amendment. With all members, except Councilors Quinn and Story, voting aye, motion passed. Councilor Story stated this was not the best use of the money, downtown renovation, for example, should be of higher priority than saving people trash collection money; and, when other projects come do we will have to raise revenue for those. Councilor Quinn suggested this Ordinance be withdrawn and rewritten so that the Board of Public Works has jurisdiction over. Councilor Painchaud made a motion to postpone action to address the issues raised tonight. Councilor Story seconded the motion. Mayor Johnson called for the question. With Councilors Fleming, Snyder and Potasnik opposed, all others voting aye, there was a tie. Mayor Johnson broke the tie by voting aye. Motion passed. Ordinance D-1140 will return at the next meeting, April 17th. SECOND READING ORDINANCE D-1148/THREE WAY STOP BRIARWOOD TRACE AND BROOKSHIRE PARKWAY/3 WAY STOP BRIARWOOD TRACE AND HAZELWOOD DRIVE: Councilor Quinn made a motion to approve Ordinance D-1148, Establishing 3 way stops at Briarwood Trace and Brookshire Parkway, and, Briarwood Trace at Hazelwood. Councilor Painchaud seconded the motion. Mayor Johnson recognized citizens who wished to address the Council. Doris Hirsch, resident at 4774 Bedford Drive, spoke against the Ordinance and presented a petition with 55 names, all opposed. Brian Thinnes, 4667 Briarwood Trace, spoke in favor of the Ordinance and presented a petition with 60 names, all for. Councilor Potasnik questioned whether this had been presented to Council before. Councilor Quinn stated it had been, but, was withdrawn awaiting a petition drive to better assess the situation. Councilor Potasnik citing the duplicity of names on both petitions, best interest of the community and 4 the enormous opposition to it, spoke against the Ordinance. Councilor Snyder spoke against the Ordinance stating she was disinclined to put stop signs in place when there is substantial opposition and reiterated stop signs are not for speed control. Mayor Johnson called for the question. All members voted nay except Councilor Quinn. Ordinance was defeated. SECOND READING ORDINANCE D-1147/TERM LIMITS: Councilor Quinn moved to approve Ordinance D-1147 Term Limits. Councilor Story seconded the motion. Councilor Story stated the City Attorney Gordon Byers had provided information that this is clearly beyond the scope of the Council, home rule shall not supersede Indiana Law with respect to elections and although a good idea, suggested it be withdrawn. City Attorney Gordon Byers stated the real difficulty would be that if it was passed and someone challenged it the City would have to get an injunction against the state and county election boards to preclude them from being on ballot and state would say you have been preempted. Councilor Snyder spoke against the Ordinance stating the voter has the power to set term limits by his/her vote and then left the meeting. Councilor Painchaud made a motion to withdraw Ordinance D-1147. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members present voted aye. Motion passed. FIRST READING & PUBLIC HEARING ORDINANCE Z-301/REZONE PLUM CREEK DEVELOPMENT FROM S-1 TO B-3: Councilor Quinn made a motion to introduce and suspend the reading of Ordinance Z-301 with an explanation from Jim Nelson. Councilor Potasnik seconded the motion. Jim Nelson, Attorney for developer, explained the Ordinance as a rezone to accommodate a retail and service facility of property on 131st Street east of Cherry Tree Avenue, presented conceptual development plans, stated he had submitted a series of commitments and the rezone represents a special use which requires BZA approval. Mayor Johnson opened the Public Hearing at 10:05 P.M. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 10:05 P.M. Councilor Quinn stated the Merriam Reports cites lack of mixed use and the rezone clearly addresses that. 5 Councilor Story questioned how this strip mall will compare to the 126th and Gray strip mall. Jim Nelson stated with the greenway surrounding the proposed site and the Mitchner Drain it was the same size as 126th Street. Councilor Quinn made a motion to suspend the rules and act on Ordinance Z-301 tonight. Councilor Fleming seconded the motion. Mayor Johnson called for the question. With Councilors Fleming, Quinn and Potasnik voting aye, Councilors Story and Painchaud voting nay, motion failed. Ordinance Z-301 will return to the next meeting on April 17th for a second reading. RESOLUTION CC03-20-95-01/SCRIVENER'S ERROR CORRECTION: Councilor Quinn moved to adopt Resolution CC03-20-95-01 Scrivener's Error Correction. Councilor Painchaud seconded the motion. Councilor Story questioned whether scrivener's errors needed an ordinance/resolution to correct. City Attorney Gordon Byers stated this resolution is not correcting a spelling or text error, it is a physical correction of zone map. Councilor Quinn made a motion to amend Resolution CC03-20-95-01 to change R-3 to B-1 under No. 1. Councilor Potasnik seconded the motion after clarifying with City Attorney that it was correct to do so. Mayor Johnson called for the question. All members voted aye. Motion to amend passed. Mayor Johnson called for the question on the resolution. All members voted aye. Motion passed. OTHER BUSINESS: Councilor Story questioned Mayor about annexing islands within Carmel and Mayor Johnson replied of 32 islands in the City, 30 would cost us money to serve. Mayor Johnson was familiar with the case that Councilor Story was interested in and this island was not one of those that would cost the City more money to annex. Councilor Quinn clarified for the record there was no effort to regulate smoking in individuals' homes but rather in residences where day care services are provided and stated results just published show that there is a risk increase of 8.5% of infant death syndrome from second hand smoke and still supports legislation to protect the helpless from smoke inhalation. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, 6 ______________________________ Approved, ______________________________ Attest: ______________________________ 7