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HomeMy WebLinkAboutCCM 03-06-95CARMEL CITY COUNCIL MARCH 6, 1995 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE The meeting of the Carmel City Council 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, Clerk-Treasurer Susan Jones and her Deputy Anne Hartman were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. PROCLAMATION: Mayor Johnson proclaimed March as Disability Awareness Month in Carmel. MINUTE APPROVAL: Councilor Quinn made a motion to approve the minutes of February 6th and February 27th. Councilor Story seconded the motion. Councilor Kendall made a motion to amend the minutes of February 27th to read "had not received the back-up" replacing "did not have a chance to review". Councilor Kendall seconded the motion. Mayor Johnson called for the question on the amendment. All members voted aye. Motion to amend passed. Mayor Johnson called for the question on approval. All members voted aye. Motion passed. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Richard Frost, of 507 Stonehedge Drive, spoke against the Monon purchase, against Ordinance D-1142 Smoking Prohibited and against Ordinance D-1147 Term Limits. Councilor Quinn made a motion to move item 9c under Old Business to 8a before Committee Special Reports. Councilor Story seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1138/ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS ISSUANCE: Councilor Quinn moved to approve Ordinance D-1138 Economic Development Revenue Refunding Bonds. Councilor Snyder seconded the motion. Councilor Quinn made a motion to amend the original ordinance by replacing it with the ordinance received in the council packet for tonight and the trust indenture's last 4 pages be replaced with the 4 pages Council was handed this evening. Councilor Snyder seconded the motion. Mayor Johnson called for the question on the amendment. All members voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members voted aye. Ordinance D-1138 passed. COMMITTEE SPECIAL REPORTS: Terry Jones of the Department of Community Development gave an update of 2020 Vision Process referring to two neighborhood meetings held and others scheduled, and invited the Council to a breakfast meeting Tuesday the 14th at 7:30 a.m. with Plan Commission and HNTB. Mayor Johnson requested the Council members direct him, via telephone, on the redemption of 1995 Refunding Bonds . The City's fiscal consultant has recommended redemption of the bonds. SECOND READING ORDINANCE D-1142/SMOKING PROHIBITED: Councilor Quinn made a motion to approve Ordinance D-1142 Smoking Prohibited. Councilor Story seconded the motion. Becky Foland, resident at 14 Bryn Mawr Lane, spoke against D-1142. John Schuler, resident at 11724 Rolling Springs Drive and representing the Carmel Clay Chamber of Commerce, spoke against Ordinance D-1142. Frank Van Overmeiren, resident at 135 Audubon Drive and Carmel business owner, spoke against D- 1142. Joe Lackey, President Indiana Retail Grocers Association, spoke against the ordinance citing loss of business to the City of Carmel. Councilor Snyder spoke against the ordinance stating it was a mandate, intrusive, is big government and has no place in this city. Councilor Potasnik spoke against the ordinance "just because the government is doing nothing doesn't mean the government isn't doing something," citing retailers are beginning to take the initiative to ban smoking and if individuals are offended by smoke they will take their money elsewhere and government should keep out. Councilor Painchaud spoke in favor of the ordinance stating "sometimes government can do something, and this is something we can do" and this ordinance benefits those who deserve benefits without causing undo harm. Councilor Kendall spoke in favor of the ordinance from a personal standpoint but after interviewing constituents he represents and finding them 80-20% against the ordinance, will vote no as the ordinance has problems and would like to see certain aspects of the ordinance revisited in the future. Councilor Story admitted though the ordinance has a number of problems with being too strict and not strict enough, and finding his constituents about evenly divided regarding this, still supported the 2 ordinance. Councilor Quinn spoke in favor of the ordinance stating he had worked with the American Heart, American Lung and American Cancer Associations who have helped pass similar ordinances in cities across the U.S. Quinn reiterated the dangers of second hand smoke and urged the passage of D-1142. Mayor Johnson called for the question. While Councilors Story, Painchaud and Quinn voted aye, all others voted nay. Motion failed. SECOND READING ORDINANCE Z-300/REZONE OF GRAY ROAD BETWEEN 96TH AND 106TH STREETS FROM S-1 TO R-5: Councilor Snyder made a motion to approve Ordinance Z-300 Rezone of property on Gray Road between 96th and 106th Streets from S-1 to R-5. Councilor Potasnik seconded the motion. Councilor Kendall spoke of traffic concerns without a bridge over 96th Street and without the Hazel single Dell extension, and is going to vote against this ordinance as he would rather see higher density family housing. Councilor Quinn spoke in opposition to the ordinance stating the City should not be involved in land speculation citing worst case scenario on Range Line Road property. Councilor Story stated the rezone application was not without merit but citing his commitment of slowing down the too rapid growth in the City of Carmel was going to vote against the rezone. Councilor Potasnik questioned whether there were development plans drawn up, were apartments in the plans and whether a trailer park could go in. is Petitioner's Attorney, Jim Nelson, stated the comprehensive plan important and this conforms to the plan and that it is unfair to expect a land owner to submit expensive development plans when the request may not be granted. He continued that plans are required to be presented to the Plan Commission prior to construction, no plans for apartments are drawn, and there is a commitment for no trailer park. Councilor Painchaud spoke against the ordinance stating high density housing is not appropriate in the interest of the community. Jim Nelson asked if Council would like a definitive development plan. Councilor Snyder spoke in favor of the ordinance as it conforms to the comprehensive plan; it will impact very few people at the southern end of Carmel; and, planning ahead will circumvent future surprises. After some further discussion Jim Nelson requested this motion be withdrawn. 3 Councilor Quinn moved to allow the petitioner to withdraw the rezone request. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1139/REDUCTION OF DOCD HARDWARE AND SOFTWARE 1995 BUDGET: Councilor Quinn moved to approve Ordinance D-1139 Reduction of DOCD Hardware and Software 1995 Budget. Councilor Kendall seconded the motion. Councilor Painchaud spoke against the ordinance reiterating his stance that Council should not try to manage the individual departments. Councilor Story citing no check and balance of spending money for the GIS program that was approved last year stated this would try to right that wrong and spoke in favor of the ordinance. Mayor Johnson stated he would veto this ordinance if passed as it violated his rights to manage the City. Councilor Kendall stated this money was not for GIS, it is for networking and hard drives, it is his personal concern that money is not being spent wisely. Mayor Johnson maintained he defends taxpayers' money and that no equipment purchases will be made because the Council does not and will not pay the claims. Councilor Kendall responded that Council has not turned down any computer purchases that have been made. Councilor Snyder stated the City has been saving money by not employing a department head and that Council should allow the chief executive to run the department as he sees fit. Mayor Johnson called for the question. With Councilors Fleming, Potasnik, Painchaud and Snyder voting nay, the rest voting aye, the motion failed. Councilor Quinn left the meeting. FIRST READING & PUBLIC HEARING ORDINANCE D-1140/ADDITIONAL APPROPRIATION $500,000/GENERAL FUND: Councilor Kendall made a motion to introduce Ordinance D-1140, Additional Appropriation in the amount of $500,000 from the General Fund for City-wide trash removal and dispense with reading of same. Councilor Potasnik seconded the motion. Mayor Johnson explained that trash removal will be put out for bid for city-wide trash removal, yard waste and recycling. He pointed out this money represents a half-year of hauling and this will reduce 4 taxes, in effect, by individuals not having to write checks for trash pick-up and an additional benefit of not having as many heavy trucks along each street as happens now. Mayor Johnson opened the public hearing at 9:30 P.M. Susan Jones, Clerk-Treasurer and resident at 1057-10 Timber Creek Drive, questioned whether apartment complexes and condos will have trash removal. Mayor Johnson stated they will not be addressed at this time and neither will businesses. Richard Frost spoke in favor of the ordinance. Mayor Johnson closed the public hearing at 9:36 P.M. Ordinance D-1140 will return for a second reading March 20, 1995. FIRST READING & PUBLIC HEARING ORDINANCE D-1144/ADDITIONAL APPROPRIATION $700,000/GENERAL FUND: Councilor Kendall made a motion to introduce and dispense with reading of Ordinance D-1144, an additional appropriation in the amount of $700,000 for the revitalization of Main Street. Councilor Potasnik seconded the motion. Kevin Kirby, resident at 231 1st Avenue N.E. and President of Carmel Main Street Inc., presented lighting and sidewalk designs, spoke in favor of the ordinance, and asked the Council to suspend the rules and vote in favor of the ordinance this evening. Mayor Johnson opened the Public Hearing at 9:40 P.M. Peggy Box, resident at 130 1st Street N.W., supported the effort of Old Towne revitalization. Richard Frost spoke against the ordinance if it is subsidizing businesses. Dick Butwin, of Ghafari Associates, explained renovations include new sidewalks and turn-of-the- century lighting, bringing storefronts up to ADA compliance (raising sidewalks to meet bottom of door) and a brick pattern in the road at the intersection of Range Line and Main Street. Sam Yau, resident of 1417 Jeffrey Court and Main Street business owner, described the design drawings. Ken Keltner, owner of three Main Street properties, spoke in favor of the ordinance and stated that this wasn't enough money, it's only headed west, not north, south or east, and asked that this be the beginning. Lance Harting, resident at 641 1st Ave. N.W., spoke of the potential of downtown Carmel and in favor 5 of Ordinance D-1144. and Tim Massey, of National City Bank, asserted revitalization should be done with public private funds and offered low interest loans to shopkeepers for renovation. Kevin Kirby reiterated there would be no public funds spent on private property. Mayor Johnson closed the Public Hearing at 9:55 P.M. Councilor Painchaud questioned how businesses will respond since the City is spending nearly three- quarters of a million dollars to get revitalization started. Sam Yau responded revitalization encourages business renovation. Mayor Johnson took a consensus of Council, and with all members present consenting, reopened the Public Hearing at 10 P.M. Mary Ann Butcher, owner of Corner Stone Building, is in the process of renovating the building and stated "old-time, home-town shops are... ready to go". Mayor Johnson closed the Public Hearing at 10:02 P.M. Councilor Kendall spoke in favor of the ordinance stating that this a win-win situation for the City that will start a seed of growth. Councilor Kendall made a motion to suspend the rules and act on Ordinance D-1144 tonight. Councilor Snyder seconded the motion. Mayor Johnson call for the question. All members voted aye. Motion carried. After further discussion whereby Councilors Snyder, Potasnik, and Story who spoke of the priority of "downtown", all spoke in favor of the ordinance. Mayor Johnson called for the question. All members present voted aye. Ordinance passed. FIRST READING & PUBLIC HEARING ORDINANCE D-1145/ADDITIONAL APPROPRIATION $128,775/CCD: Councilor Kendall moved to introduce and dispense with reading of same Ordinance D-1145, an additional appropriation in the amount of $128,775 from the Cumulative Capital Development Fund. Councilor Painchaud seconded the motion. Mayor Johnson explained the appropriation was for a sidewalk on the west side of 116th Street where the county is rebuilding the bridge and explained the options: 1) do nothing, 2) build sidewalk on just bridge itself and do the rest of the sidewalk ourselves, or 3) build from 116th to existing sidewalk on 6 Gray Road. Mayor Johnson opened the Public Hearing at 10:21 P.M. Richard Frost spoke in favor of the ordinance. Mayor Johnson closed the Public Hearing at 10:25 P.M. Councilor Kendall spoke in favor of Ordinance D-1145. Councilor Story clarified whether the bridge is on 116th or Gray Road and the bridge being discussed here is on Gray Road, not 116th as stated earlier. Councilor Kendall moved to suspend the rules and act tonight on Ordinance D-1145. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members present voted aye. Motion passed. Mayor Johnson called for the question on the Ordinance. All members present voted aye. Ordinance passed. FIRST READING ORDINANCE D-1143/3 WAY STOP HAVERSTICK ROAD AND BRUNSWICK DRIVE: Councilor Kendall moved to introduce Ordinance D-1143, Establishing a 3- Way Stop at Haverstick Road and Brunswick Drive and dispense with reading of same. Councilor Potasnik seconded the motion. Bill Heisel, resident at 4109 Brain Place, and Hans Braun, resident at 11209 Haverstick Road, spoke in favor of the ordinance. Councilor Kendall cautioned placing a stop sign will not alleviate speeding nor running of stop signs, according to state law they are not to be placed to slow people down and, would like to see different avenues explored to help with problem. Councilor Potasnik moved to suspend the rules and act on Ordinance D-1143 tonight. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All members present voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members present voted aye. Motion passed. FIRST READING ORDINANCE D-1148/3 WAY STOP BRIARWOOD TRACE AND BROOKSHIRE PKWY/3 WAY STOP BRIARWOOD TRACE AND HAZELWOOD: 7 Councilor Kendall moved to introduce D-1148, Establish 3-way stop at Briarwood Trace and Brookshire Parkway and 3-way stop at Briarwood Trace and Hazelwood Drive. Councilor Fleming seconded the motion. Second reading will be on March 20, 1995. Councilor Painchaud left the meeting. FIRST READING ORDINANCE D-1146/AMENDMENT TO APPOINTED OFFICERS AND EMPLOYEES ORDINANCE: Councilor Kendall moved to introduce Ordinance D-1146, Amendment to Appointed Officers and Employees and dispense with reading of same. Councilor Story seconded the motion. Mayor Johnson explained this was overlooked at budget time in August last year, this ordinance is replacing Technician within Communications Center to Communications Technician with an increase of salary. Councilor Story asked City Attorney's opinion whether this could be done. City Attorney Gordon Byers explained yes it can, this is changing the job classification and scope of work being done and a new job description is being issued. Councilor Kendall made a motion to suspend the rules and act on Ordinance D-1146 tonight. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Councilor Story stated he was in favor of the ordinance contingent on the Clerk-Treasurer receiving the new job description. Councilor Kendall questioned what date Mayor wished this to take effect. Mayor Johnson stated he would like it retroactive to the first of the year. Councilor Kendall solicited City Attorney's opinion on making it retroactive. City Attorney Gordon Byers advised that it is okay to go forward but would have to check on going retroactive. Councilor Kendall stated he would be more comfortable going forward and avoid any problems by making it retroactive. Mayor stated there was no potential trouble but said okay, he would do it that way. 8 Mayor Johnson called for the question. All members present voted aye. Motion carried. FIRST READING ORDINANCE D-1147/TERM LIMITS: Councilor Kendall moved to introduce Ordinance D-1147, Term Limits Imposed on Elected Officers of the City. Councilor Story seconded the motion. Councilor Story asked the City Attorney to advise Council as to the legality of this ordinance before vote is taken at the next meeting. Ordinance D-1147 will return to Council on March 20, 1995 for a second reading. RESOLUTION CC03-06-95-01/TRANSFER OF FUNDS/FIRE DEPARTMENT 1995 BUDGET: Councilor Story moved to approve Resolution CC03-06-95-01, transfer of $30,350 from account 650-01 Cars and Trucks to account 670-99 Other Equipment. Councilor Snyder seconded the motion. Mayor Johnson explained this was needed as the Fire Department has found it can get some of the replacement equipment cheaper than purchasing it with the vehicle as originally planned. Mayor Johnson called for the question. All members present voted aye. Resolution passed. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, __________ __________________________ Approved, ____________________________________ Attest: ______________________________ 9