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HomeMy WebLinkAboutCCM-02-06-95CARMEL CITY COUNCIL FEBRUARY 6, 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, Tom Kendall, Luci Snyder, Chris Painchaud and Tim Story. 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. RECOGNITION OF CITY EMPLOYEES: Fire Chief Steve Couts recognized Firefighters Ken Overton and Rick Martin for their efforts in fund raising to help with former Battalion Chief Joe Bauer's medical bills. As per Joe Bauer's request, a check in the amount of $500 was presented to Chief Couts for the Chief Swails Education Fund, and a check in the amount of $3,500 to Diana Clark, President of Indiana Organ Procurement Association, in memory of Joe Bauer. Mayor Johnson recognized the following outstanding employees for their contributions to the City of Carmel: various crews from the Fire Department , Jerry Spicklemire from Department of Community Development, Luanna Stephens from the Communications Center, Todd Luckowski from the Communications Center, and Fire Fighter Sgt. Scott Osborne . APPROVAL OF MINUTES: Councilor Snyder made a motion to approve the minutes of January 23, 1995. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All members voted aye with Councilor Quinn abstaining. Motion passed. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Jane Reiman , of 748 Wilson Terrace Court, spoke in favor of the request to advertise for an additional appropriation for the Main Street Infrastructure Improvements. Bill Heisel of 4109 Brian Place, Jim Broyles of 3803 Haverstick, and Keith Barrett of Armon Drive spoke in favor of Ordinances D-1135 and D-1136, 25 m.p.h. on Haverstick between 10th and 116th Streets and a 3-way stop on Wood Creek Drive, Williams Drive and Williams Court. Mark Payne of Canary Court, and Amy Boldt , resident of Avian Glen, spoke of their concerns over the extension of Hazel Dell. APPROVAL OF CLAIMS : Councilor Kendall made a motion to approve the following claims. Councilor Snyder seconded the motion. 01/01/94 $6,910,120.31 01/24/94 300,126.95 Mayor Johnson called for the question. All members present voted aye. Motion passed. SPECIAL REPORTS: Rick Myers, representing Carmel/Clay 2020 Vision Planning Process , presented a survey to the Council requesting their input; invited them to a Management Committee Meeting on February 15th, 7:30 A.M.; and, presented the logo for the project. (See original minutes for the neighborhood meeting dates at Carmel/Clay Schools.) AMENDMENT TO AGENDA: Councilor Quinn made a motion to move items 11a and 11b to the next items on the agenda. Councilor Story seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1135/25 M.P.H. ESTABLISHMENT ON HAVERSTICK AND ORDINANCE D-1136/ESTABLISHMENT OF 3-WAY STOP WOOD CREEK DRIVE/WILLIAMS DRIVE AND WILLIAMS COURT: Councilor Quinn made a motion to introduce Ordinances D-1135, Establish 25 m.p.h. on Haverstick and D-1136, Establishment of 3-way Stop Wood Creek Drive, Williams Drive and Williams Court and dispense with the reading of same. Councilor Kendall seconded the motion. Councilor Quinn made a motion to suspend the rules and act on Ordinances D-1135 and D-1136 tonight. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Councilor Quinn made a motion to approve Ordinances D-1135 and D-1136. Councilor Story seconded the motion. Councilor Kendall questioned Ordinance D-1136 as to why is there an ordinance to establish a 3-way stop where there is a 4-way stop established already. Councilor Kendall made a motion to remove Ordinance D-1136 from agenda. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Ordinance D-1136 was removed from the table. Councilor Painchaud cautioned that non-compliance of the speed limit is the problem and lowering the speed limit will not bring drivers into compliance and spoke against Ordinance D-1135. Councilor Painchaud went on to encourage stricter enforcement of the current speed limits and stop signs. Councilor Kendall spoke in favor of the ordinance pointing out that Haverstick is a residential street and soon it will have the main entrance of Woodbrook Elementary coming out on it. Mayor Johnson called for the question on Ordinance D-1135. With Councilor Painchaud voting nay, all other members voted aye. Motion passed. SECOND READING ORDINANCE D-1130/ADDITIONAL APPROPRIATION $10,000/CCI Councilor Quinn made a motion to approve Ordinance D-1130, Additional Appropriation in the amount of $10,000 for Cumulative Capital Improvement Fund for the engineering for the 1995 Sidewalk Construction. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion carried. SECOND READING ORDINANCE D-1131/ADDITIONAL APPROPRIATION $105,600/ LR&S Councilor Kendall moved for the approval of Ordinance D-1131, Additional Appropriation in the amount of $105,600 for lane lengthening on Range Line south of 116th Street and for Main Street Renovation/Beautification. Councilor Snyder seconded the motion. Councilor Kendall made a motion to amend the ordinance to $64,150 for Engineering fees for the Main Street Project and take off Range Line Road lane lengthening. Councilor Story seconded the motion. Councilor Potasnik spoke in favor of the amendment recommending that action be taken once the City has annexed that portion of land required for the lane lengthening. Councilor Story spoke against the appropriation for lane lengthening stating that it might make the merger more difficult and may present even more of a safety hazard. Councilor Kendall made a motion to suspend the rules and speak without objection, allow a citizen to speak. Bruce Lyon, 3016 Woodshore Court, spoke of his concern for the lane lengthening allowing cars to go even faster coming into the residential area on Range Line Road. Mayor Johnson stated the engineering recommendations he has received urge the lane lengthening for safety's sake and the plans drawn up will be presented to the Board of Public Works and evaluated as to whether it will work or not. Mayor Johnson called for the question on the amendment. With Councilors Snyder, Quinn, Painchaud and Fleming voting nay, all others aye, motion failed. Mayor Johnson called for the question. With Councilors Story and Potasnik voting nay, all others voted aye. Motion passed by a majority. Councilor Kendall stated for the record that he voted for the appropriation as he felt stronger for the beautification of downtown than the lane lengthening and did not want the motion to fail, though he felt they should have been separate requests to he could vote against the lane lengthening. SECOND READING ORDINANCE D-1132/ADDITIONAL APPROPRIATION $937,101/ CCD: Councilor Quinn moved for the adoption of Ordinance D-1132, Additional Appropriation in the amount of $947,101 in the Cumulative Capital Development Fund. Councilor Painchaud seconded the motion. Mayor Johnson explained the appropriation is for reconstruction of 131st, 126th and Gray Road intersections, Engineering $35,200, $309,400 for construction of these intersections; Engineering for Hazel Dell Road Extension $217,450; Old Towne Infrastructure Improvements on 1st Avenue NE $275,051; and $100,000 for sidewalk construction. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1133/ADDITIONAL APPROPRIATION $303,840/ CCS: Councilor Quinn made a motion to approve Ordinance D-1133, Additional Appropriation in the amount of $303,840 for the Cumulative Capital Sewer Fund. Councilor Kendall seconded the motion. Mayor Johnson explained $2,100 is needed for an outstanding invoice from 1991; and $301,740 is for Storm Drainage for certain areas listed throughout the city. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1138/1995 ECONOMIC REVENUE REFUNDING BOND: Upon the recommendation of City Attorney Gordon Byers, Councilor Potasnik moved to table Ordinance D-1138 until the next meeting of March 6, 1995, due to a change in financial terms. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING & PUBLIC HEARING ORDINANCE Z-300/REZONE GRAY ROAD SITE FROM S-1 TO R-5: Councilor Quinn made a motion to introduce Ordinance Z-300, Rezone from S-1 to R-5 of property on Gray Road between 96th and 106th Street, and dispense with reading of same. Councilor Kendall seconded the motion. James Nelson, Attorney for the petitioner, gave a comprehensive presentation of the rezone request including this statement that this would bring this property within the Comprehensive Plan outlines, 45 acres committed to higher density housing and 5 acres committed to commercial use. Mayor Johnson opened the Public Hearing at 9:25 P.M. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 9:25 P.M. Councilors Kendall and Potasnik both spoke of their concern for the projected 30% increase in traffic. Councilor Quinn expressed concern over higher density housing and the impact it will have to the area. Councilor Snyder recounted the Plan Commission's view that if Carmel was going to have higher density housing for apartments, elder care housing or such, placing it where nothing else could encroach on it, and, being at the southern end of Carmel, this would be the property to do it, if Carmel was interested in setting aside land for higher density housing. Ordinance Z-300 will return at the March 6, 1995 meeting for a second reading. FIRST READING & PUBLIC HEARING D-1137/ADDITIONAL APPROPRIATION $3,740/DOCD 1995 BUDGET: Councilor Quinn made a motion to introduce ordinance D-1137, Additional Appropriation in the amount of $3,740 for DOCD 1995 Budget and dispense with reading of same. Councilor Kendall seconded the motion. Mayor Johnson explained this amount is needed for the purchase of a vehicle for DOCD. Mayor Johnson opened the Public Hearing at 9:59 P.M. Hearing and seeing no one who wished to speak the Public Hearing was closed at 9:59 P.M. Councilor Painchaud made a motion to suspend the rules and act on Ordinance D-1137 tonight. Councilor Quinn seconded the motion. Mayor Johnson called for the question. With Councilors Story and Snyder out of the room, all other members voted aye. Motion passed. Councilor Painchaud made a motion to approve Ordinance D-1137. Mayor Johnson called for the question. With Councilor Quinn voting nay, members present voted aye. Ordinance passed by a majority. FIRST READING ORDINANCE D-1141/ADOPTION OF 1994 4TH QTR SUPPLEMENT TO CITY CODE: Councilor Quinn moved for the introduction of Ordinance D-1141, Adoption of 1994 4th Quarter Supplement to City Code and to dispense with reading of same. Councilor Painchaud seconded the motion. Councilor Kendall moved to suspend the rules and act on Ordinance D-1141 tonight. Councilor Quinn seconded the motion. Mayor Johnson called for the question on suspension of rules. With Councilors Story and Snyder out of the room, all other members present voted aye. Motion passed. Mayor Johnson called for the question on Ordinance D-1141. All members present voted aye. Motion passed. RESOLUTION CC02-06-95-01/REDUCING THE COIT BALANCE HELD BY IRS FROM 6 MONTHS TO 3 MONTHS: Councilor Kendall made a motion to approve Resolution CC02-06-95- 01, Reducing the COIT balance held by the IRS from 6 months to 3 months. Councilor Potasnik seconded the motion. Mayor Johnson explained the COIT balance is monies held by the state to be sure that the revenues come in to cover, if not, money is held back to make up the difference; since Carmel is a growing community we get more than what was certified by the state, and this allows Carmel to collect those monies. Councilor Story questioned if we accept this agreement are we agreeing to receive only half and waiving our rights to the other half. City Attorney Gordon Byers stated this would not waive any right to future claims. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1139/REDUCTION OF 1995 DOCD BUDGET - COMPUTER EQUIPMENT LINE ITEMS: Councilor Quinn made a motion to introduce D- 1139, Amendment to Budget Ordinance D-1100, Reduction of 1995 DOCD's Computer Equipment Line Items. Councilor Kendall seconded the motion. Councilor Quinn stated that in 1994, Council had retained in its budget all of the spending authority for computer hardware and software and this ordinance would return the authority to the Council. Ordinance D-1139 will return to Council March 6, 1995 for a second reading. FIRST READING ORDINANCE D-1142/SMOKING PROHIBITED: Councilor Quinn made a motion to introduce Ordinance D-1142, Smoking Prohibited. Councilor Story seconded the motion. Councilor Quinn explained this resolution was before the Council eighteen months ago but tabled with a resolution pending in the House of Representatives and it was decided that this would not be necessary at City level pending the outcome. Due to the change of majority in the House last November the responsibility governing is now being returned to local governments. Second reading of Ordinance D-1142 will be March 6, 1995. RESOLUTIONS CC02-06-95-02,03/TRANSFER OF FUNDS/1995 STREET BUDGET: Councilor Quinn made a motion to approve the following resolutions. Councilor Story seconded the motion. CC02-06-95-02 Street Dept. From #509 to 370.01 $10,000 CC02-06-95-03 502 to 365 20,000 Mayor Johnson called for the question. All members voted aye. Motion passed. REQUEST PERMISSION TO ADVERTISE/ADDITIONAL APPROPRIATIONS/$500,000 GENERAL FUND/$700,000 GENERAL FUND: Councilor Quinn made a motion to approve the requests for additional appropriations in the amounts of $500,000 for trash removal and $700,000 for Main Street Infrastructure Improvements, both from the General Fund. Councilor Story seconded the motion. The Clerk-Treasurer will advertise and First Reading/Public Hearings for Additional Appropriations will be March 6, 1995. RESOLUTION CC01-23-95-04/CARMEL COUNCIL 1995 MEETING DATES: Councilor Quinn made a motion to approve Resolution CC01-23-95-04, 1995 Carmel Council Meeting Dates. Councilor Kendall seconded the motion. Councilor Story made a motion to amend last paragraph page one to read December 29th, not December 28th. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Councilor Quinn made a motion to amend the resolution further by changing the date of December 11th to December 18th. Councilor Story 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 resolution. All members voted aye. Resolution passed. OTHER BUSINESS: Mayor Johnson distributed a break down of costs for the Sidewalk Project on Gray Road at Cool Creek sent by Hamilton County Highway Department. Mayor Johnson also distributed a break-even analysis of the 1986 General Obligation Bond which the City's fiscal consultant recommends paying off. This will be brought back to the Council at a future date. (See original minutes for the Break-Down Analysis.) There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ____________________________________ Approved, ____________________________________ Attest: ______________________________