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HomeMy WebLinkAboutCCM-11-20-95CARMEL CITY COUNCIL NOVEMBER 20, 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, 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. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Councilor Fleming moved to approve the minutes of November 6, 1995. Councilor Snyder seconded the motion. Councilor Fleming stated there were corrections to be made to page 4, Ordinance D-1185 should be Ordinance D-1186 throughout the paragraphs and the second reading should be November 20th, not November 6th. Minutes were unanimously approved as amended. CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Dick Frost, resident at 507 Stonehedge Drive, presented a letter to council and read from it his position that the Clerk-Treasurer need not apologize and that the whole situation was poorly handled. ACTION ON MAYORAL VETO: Bert Sorenson, resident at 10578 Chatham Court, encouraged Council to overturn the Mayoral veto stating state officials say the current law is unenforceable and would probably end up in court. Councilor Story moved to override veto. Councilor Fleming seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. APPROVAL OF CLAIMS: Councilor Kendall moved to approve the following claims. Councilor Painchaud seconded the motion. 10/31/95 $466,968.80 11/01/95 26,734.45 11/08/95 442,867.68 Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE Z-310/REZONE OF PROPERTY WEST OF THIRD AVENUE FROM I-6 TO R-4: Councilor Painchaud moved to approve Ordinance Z-310, rezone of property west of 3rd Avenue from I-6 to R-4. Councilor Snyder seconded the motion. Councilor Kendall spoke against the ordinance stating growth is dependant upon a balance between residential and industrial areas and this would limit industrial growth as residential areas are not likely to become industrial. Councilor Story agreed referring to numerous examples across the country where cities are rebuilding industrial bases and revitalization is occurring; this rezone changes density and should be scrutinized closely in that respect; and, although the rezone has many merits, will vote no. Councilor Potasnik spoke in favor of the ordinance citing the rezone will provide housing for seniors, will continue the revitalization process started by this council and spoke of the reliability in the past of CP Morgan to develop areas as planned. Councilor Snyder also spoke in favor of the ordinance, urging passage, stating the access to this industrial site is limited and will sit many more years vacant as is, and reiterated residents will be able to walk to downtown and plans for development will provide affordable housing. Councilor Painchaud admitted a difficult decision as he has received a strong lobbying opposed to the project and although their concerns have sound merits, the homeowners abutting the project will have a buffer to protect their interests, stated he supports the ordinance. Councilor Fleming spoke in favor of the ordinance reiterating the area abuts residential property. Mayor Johnson called for the question. While Councilors Kendall and Story voted nay, all other members voted aye. Ordinance passed by a majority. SECOND READING ORDINANCE D-1186/OPERATING BALANCE CAP: Councilor Kendall moved to approve Ordinance D-1186, operating balance to be set at $3,600,000. Councilor Potasnik seconded the motion. Ron Carter, resident at 1311 Ridge Road, spoke against the ordinance stating it was a $2 million in property tax savings and a giveaway of one million to one and a half million to other cities and towns within Hamilton County, and a total loss of three million in revenue to Carmel that can never be gotten back. Councilor Potasnik defended his position stating he has always had the welfare of the city in mind when voting and was never vindictive. Councilor Kendall spoke in support of the ordinance stating a lot has been accomplished these last four years, police and fire pension funds are now fully funded, bond issues have been paid off, twenty-six (26) additional firefighters and sixteen (16) policepersons have been hired and while the campaign issues focused on the tax increases this spring, the bottom line was, although his personal property taxes increased less than $6 per year, a reduction in taxes is what the people have asked for. 2 Councilor Story stated although a little higher operating balance would have made him happier, the 96th Street Project has extra cash built in; departments will not spend all the money appropriated this year, which could possibly be better than $500,000, back into the operating balance; while approximately 65% of COIT monies in Hamilton County come from Carmel, Carmel does not get 65% back; and, a property tax reduction puts money back into the pockets of homeowners now; the figure of $3,600,000 should be sufficient and feels fiscally responsible by voting for the ordinance. Councilor Painchaud moved to amend the ordinance by increasing the number. Mayor Johnson stated it was state law, it can not be amended, he sets it and council can't change it. Councilor Painchaud requested City Attorney's opinion whether or not an ordinance to be passed by Council could be amended. City Attorney Gordon Byers, after a lengthy explanation, stated the ordinance amount could not be amended. Councilor Painchaud stated, although he wished to increase the balance and could not, would vote in favor of the ordinance. Mayor Johnson asked for approval to the amended ordinance he submitted tonight, changing some of the language, replacing the word "cap" with "balance". Amendment was approved by consent. Mayor Johnson then turned the gavel over to Councilor Snyder and spoke of the background going into the ordinance, Council had approved 3.6 million, having been allowed to raise it from his submitted 2.6 million, the next Council will have approximately $100,000 less cash on hand than this Council had in 1995, reiterated all of the capital improvements made by this Council and stated he loved this community and plans on living here the rest of his life and would not do anything to jeopardize the community; this is an opportunity for a tax break for Carmel citizens which should not be passed up. Councilor Snyder stated a lot of time, work and thought has gone into this question, do we have enough, did we do it right, this Council has come up with a number and will vote for it and called for the question. Councilor Potasnik clarified that when this Council took office the operating balance was $2,800,000, which was prior to all the projects this Council was able to accomplish. Mayor Johnson called for the question. All members voted aye. Ordinance passed. AGENDA ADD-ONS: Councilor Story moved to add on the agenda Resolutions CC11-20-95-04 3 through CC11-20-95-10. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1188/4-WAY STOP HUMMINGBIRD WAY AND DOVE DRIVE: Councilor Story moved to postpone second reading of Ordinance D-1188, establishing 4-way stop at Hummingbird Way and Dove Drive as the sponsor, Councilor Quinn, was absent. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Second reading will be held at the next regularly scheduled meeting on December 4, 1995. AMENDMENT TO FRANCHISE AGREEMENT/RESOLUTION CC11-20-95-01- ADOPTING AMENDMENT/RESOLUTION CC11-20-985-02-PROVIDES FOR TRANSFER OF FRANCHISE: Upon the recommendation of Gordon Byers, Councilor Story moved to postpone acting on the Amendment to the Franchise Agreement as a signed and sealed agreement from Denver has to be returned prior to action by Council. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. RESOLUTIONS CC11-20-95-03 THROUGH CC11-20-95-10/TRANSFER OF FUNDS WITHIN VARIOUS 1995 BUDGETS: Councilor Painchaud moved to approve the following resolutions. Councilor Snyder seconded the motion. CC11-20-95-03 Law Enf Aid V from a/c 509 to 465 $1,200 CC11-20-95-04 Fire from a/c 450.02 to 440 1,200 from a/c 506 to 440 1,300 CC11-20-95-05 from a/c 475 to 370 6,000 CC11-20-95-06 from a/c 475 to 631 2,500 CC11-20-95-07 from a/c 404 to 419 100 CC11-20-95-08 from a/c 515.01 to 510 2,000 CC11-20-95-09 from a/c 475 to 630 2,000 CC11-20-95-10 Communications from a/c 100 to 485 75 Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1189/ADOPTION 3RD QTR 1995 CITY CODE SUPPLEMENT: Councilor Story moved to introduce Ordinance D-1189, Adoption of 3rd Quarter 1995 City Code Supplement. Councilor Kendall seconded the motion. Councilor Story moved to suspend the rules and act on Ordinance D-1189 tonight. Councilor Kendall seconded the motion. 4 Mayor Johnson called for the question on the suspension. All members voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members voted aye. Ordinance passed. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully su bmitted, ____________________________________ Approved, ____________________________________ Attest: _________________________________ 5