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Home My WebLink AboutCCM 01-09-95CARMEL CITY COUNCIL JANUARY 9, 1995 7:30 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. APPROVAL OF MINUTES: Councilor Potasnik made a motion to approve the Executive Session minutes of December 19th, Regular Meeting minutes of December 19th and Special Meeting minutes of December 30th. Councilor Quinn seconded the motion. Councilor Quinn made a motion to amend December 19th minutes, the second paragraph from the bottom of page one to read "January 9, 1995", not "December 30, 1994". Councilor Story seconded the motion. Mayor Johnson called for the question on the amendment. All members voted aye. Amendment passed. Mayor Johnson called for the question of approval. With Councilors Quinn and Story abstaining from voting on December 30th minutes, all members voted aye. Motion passed. APPROVAL OF CLAIMS: Councilor Kendall made a motion to approve the claims dated December 28th in the amount of $23,739.74. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Councilor Kendall made a motion to approve the claims that were not formally approved on December 19, 1994. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. ELECTION OF COUNCIL PRESIDENT: Mayor Johnson turned the meeting over to Council President Snyder. Council President Snyder called for nominations for Council President. Councilor Kendall made a motion to nominate Councilor Jim Quinn. Story seconded the motion. Councilor Kendall made a motion to close the nominations. Councilor Potasnik seconded the motion. Council President Snyder called for the vote on Councilor Quinn as 1995 Council President. All members voted aye. Councilor Snyder turned the chair over to new Council President Quinn. CITY COUNCIL APPOINTMENTS: Councilor Story made a motion to nominate Diana Cordray to the Board of Zoning Appeals for a second term. Councilor Painchaud seconded the motion. Hearing no further nominations, Council President Quinn closed the nominations and by acclamation Diana Cordray was appointed to the Board of Zoning Appeals for the term ending 12/31/95. Councilor Kendall questioned how many appointments must the Council make to Plan Commission as there is no City Civil Engineer at the moment. Councilor Quinn suggested the Council appoint one tonight and two more at the next meeting at least for 1995. Councilor Potasnik made a motion to renominate Councilor Luci Snyder to the Plan Commission . Councilor Kendall seconded the motion. Council President Quinn closed the nominations stating there will be two more members to be appointed at the next Council meeting on January 23rd, and by acclamation Councilor Luci Snyder was appointed to the Plan Commission for a second term ending 12/31/95. Councilor Potasnik made a motion to nominated Charles Koehler to the Carmel Economic Development Commission . Councilor Snyder seconded the motion. Hearing no further nominations, Council President Quinn closed the nominations and by acclamation Charles Koehler was appointed the Carmel Economic Development Commission for another term ending 12/31/95. Councilor Kendall made a motion to reappoint Councilor Luci Snyder to the Hamilton County Solid Waste District Board . Councilor Potasnik seconded the nomination. Council President Quinn closed the nominations and Councilor Snyder was reappointed to the Hamilton County Solid Waste District Board for the term ending 12/31/95. Councilor Snyder nominated Councilor Tom Kendall to be reappointed to the Carmel Cable TV Committee . Councilor Painchaud seconded the motion. Hearing no further nominations, Council President Quinn closed the nominations and by acclamation Councilor Kendall was reappointed to the Carmel Cable TV Committee for the term ending 3/31/96. Councilor Quinn stated that an ordinance will be brought to the council in February to change the term of appointments for the Carmel Cable TV Advisory Committee. Council President Quinn relinquished the chair to Mayor Johnson. TABLED ORDINANCE Z-297/REZONE OF 3802 W. 96TH STREET FROM S-1 TO B-7: Councilor Quinn moved for the immediate adoption of Ordinance Z-297, Rezone of 3802 W. 96th Street. Councilor Painchaud seconded the motion. Councilor Quinn made a motion to amend Section 1 to include "Petitioner commits to the attached plans subject to Plan Commission approval." Councilor Kendall seconded the motion. Mayor Johnson called for the question on the amendment. Councilor Story voted nay, all other members voted aye. Motion passed by a majority. Councilor Story spoke against the Ordinance fearing that this will not be the only case of commercial space invading north of 96th Street and stated the law obviated the legislative authority, the Council does not have full consideration of the issue. Mayor Johnson called for the question. All members voted aye except Councilor Story. Ordinance passed by a majority. SECOND READING ORDINANCE S-60/ILLEGAL CONNECTIONS TO SEWER SYSTEM: Councilor Painchaud made a motion to approve Ordinance S-60, Illegal connections to Sewer System. Councilor Kendall seconded the motion. Councilor Painchaud made a motion to amend Section 7 (a) to add a first sentence "Any person of billing record who voluntarily requests in writing that the utilities department perform an inspection of his/her sanitary sewer connections shall receive a $10 Credit on their subsequent sewer bill. This credit shall be allowed whether or not a violation is found", and amend maximum amounts at the bottom of the page, $100 to $90 and reduce the other three by $5 each to make up the loss created by the credit. Councilor Story seconded the motion. Councilor Quinn cautioned that this invites residents to call in for their $10 credit and suggested that it be done geographically, offered to the problem areas. Councilor Painchaud said that while it would eventually be available to everyone it was going to be actively promoted in the problem areas first. Councilor Quinn cautioned that this could eventually effect the rate. Councilor Potasnik spoke of his concern regarding the quantity of manpower required to do the inspections. Councilor Story questioned the wisdom of passing a law that would be selectively complied with. Mayor Johnson called for the question on the amendment. Councilors Painchaud and Story voted aye. All other members voted nay. Motion failed. Councilor Painchaud made a motion to amend Ordinance S-60 by adding to Section 7 the following: "k. All provisions herein relative to credits for correcting inflow/infiltrations will expire December 31, 1997.", three years being the necessary time table to get these inspections done. Councilor Snyder seconded the motion. Mayor Johnson called for the question. While Councilors Story, Fleming and Potasnik voted nay, all other members voted aye. Motion passed by a majority. Councilor Kendall made a motion to amend Ordinance S-60 by the following: Page 2 under Infiltration/Inflow change the word "cause" to "contribute to", at the top of page 3 have the first sentence end "...disposing of sewage." deleting rest of paragraph and under Section 1 same page remove the part of the sentence "even though such connection may have been allowable when made under then existing ordinances, rules, regulations or standards." Quinn seconded the motion. Mayor Johnson called for the question on the amendment. All members voted aye. Motion passed. Mayor Johnson called for the ordinance. All members voted aye. Ordinance passed. FIRST READING & PUBLIC HEARING ORDINANCE Z-299/AMEND SIGN ORDINANCE: Councilor Quinn moved to introduce Z-299 Amendment to Sign Ordinance and dispense with the reading. Councilor Painchaud seconded the motion. Mayor Johnson recognized a citizen who wished to speak. Nancy Blondin of the Carmel Clay Chamber of Commerce, 41 E. Main Street, spoke against the proposed sign ordinance. Mayor Johnson opened the Public Hearing at 9:25 P.M. Josephine McCormick, 11035 Lakeshore Drive West, spoke against the proposed sign ordinance and stated the current ordinance should be worked with and on. Councilor Quinn made a motion to suspend the rules and vote on Ordinance Z-299 tonight. Councilor Snyder seconded the motion. Mayor Johnson called for the question. Councilors Kendall and Story voted nay while all other members voted aye. Motion failed. Ordinance Z-299 will return for a second reading at the next meeting of January 23rd. FIRST READING ORDINANCE D-1129/ESTABLISH LAW ENFORCEMENT AID V FUND #909: Councilor Quinn made a motion to introduce Ordinance D-1129, Establishment of Law Enforcement Aid V Fund #909. Councilor Kendall seconded the motion. Councilor Quinn moved to suspend the rules and act on Ordinance D-1129 tonight. Councilor Kendall seconded the motion. Mayor Johnson called for the question on suspending the rules. All members voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members voted aye. Ordinance passed. APPROVAL OF HAL ESPEY VIDEOTAPE CONTRACT: Councilor Quinn made a motion to approve the 1995 contract for videotaping City Council Meetings with Hal Espey. Councilor Kendall seconded the motion. After some discussion as whether to add Board of Public Works, Plan Commission and Board of Zoning Appeals, it was decided those Boards should be included in the contract before presenting the contract to the Board of Public works for their approval. Mayor Johnson called for the approval of the contract as is. All members voted aye. Motion passed. OTHER BUSINESS: Councilor Kendall submitted his 1995 Conflict of Interest Statement for the record. Mayor Johnson appointed Councilor Quinn as Chaplain for 1995 and also appointed Councilor Painchaud as the 1995 Parliamentarian. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ____________________________________ Approved, ____________________________________ Attest: ______________________________