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HomeMy WebLinkAboutCCM-11-06-95CARMEL CITY COUNCIL NOVEMBER 6, 1995 7:00 P.M. COUNCIL CHAMB ERS/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 and Chris Painchaud. City Attorney Gordon Byers, Clerk-Treasurer Susan Jones and her Deputy, Anne Hartman were also in attendance. The Pledge of Allegiance was followed by the Invocation, given by Councilor Quinn. RECOGNITION OF CITY EMPLOYEES: Mayor Johnson honored Charlene Kelsey, Dawn Pattyn and Gayle Stahl as Employees of the Month for November 1995. Mayor Johnson thanked those departments who served at the murder/suicide at National City Bank on October 20th, Communications Center, Fire, Police and Street. Fire Chief Steve Couts recognized two (2) firefighters for twenty (20) years of service, Gary Carter and Stephen Hodson. APPROVAL OF MINUTES: Councilor Fleming moved to approve the minutes of October 16, 1995. Councilor Snyder seconded the motion. Minutes were unanimously approved as submitted. APPROVAL OF CLAIMS: Councilor Kendall moved to approve the following claims. Councilor Quinn seconded the motion. 10/12/95 $ 452,075.46 10/13/95 6,000,000.00 10/18/95 1,817,616.34 10/25/95 427,428.46 10/30/95 13,735,367.85 Mayor Johnson called for the question. All members voted aye. Motion passed. COMMITTEE REPORTS: Councilor Kendall, of the Carmel Cable TV Advisory Committee, verified with City Attorney Gordon Byers, there will be a resolution for transfer of the franchise agreement and an ordinance approving the transfer and that the agreement will include carrying Carmel High Cable Television, at the next regularly scheduled meeting. THIRD READING ORDINANCE D-1185/AUTHORIZE TRANSFER OF MONEY FROM NON-REVERTING CAPITAL FUND TO PARKS: Mayor Johnson explained when the vote was taken at the meeting of October 16, 1995, the vote was 3-2 and had to be continued as there was not a simple majority. Councilor Story spoke in favor of the ordinance as Council has already appropriated the money. Councilor Snyder spoke in favor of the ordinance as Council has to approve the final purchase and the money is fully refundable for any reason, there is no reason not to vote yes. Mayor Johnson called for the question. With Councilors Potasnik and Kendall voting nay, all others voting aye, motion passed. SECOND READING ORDINANCE Z-309/SWIMMING POOL ACCESSORY USE AMENDMENT: Councilor Quinn moved to approve Ordinance Z-309, Swimming Pool Accessory Use Amendment. Councilor Snyder seconded the motion. Mike Shebek, of Automatic Pool Covers, spoke in favor of the ordinance stating covers are far safer than any fence and state code requires an automatic pump to remove standing water on cover. Councilor Quinn moved to amend Ordinance Z-309 by correcting the scriveners error in section 5.3.2 paragraph three, strike the word "and" and replace it with "or". Councilor Story seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Councilor Potasnik questioned whether we are in compliance with state building code if Council wants fence and cover requirement, can state dictate to a city whether or not they have to come into compliance with state. City Attorney Gordon Byers stated the current ordinance is in conflict with state code and the state's position is this is pre-empted and if not brought in line with state code, city has to ask for a declaratory judgement. After some discussion as to why this ordinance is before council, that reason being city code does not comply with state code, its been pre-empted, Councilor Kendall offered an amendment to delete section 5.3.2 in its entirety, reverting to current code but addressing the original concern of location of pools allowed on double fronted lots, and then so moved. Councilor Snyder seconded the motion. Councilor Painchaud spoke against the amendment stating the main issue is pool covers and fences. Gordon Byers stated the ordinance could be split. Councilor Story urged members to vote no on the motion and vote yes on the ordinance as this would put city in compliance with state code. Councilor Snyder questioned whether the automatic pump was part of our ordinance. 2 Gordon Byers stated it was under Section F, compliance with Indiana swimming pool code and any amendments therewith. Mayor Johnson called for the question on the amendment. All members voted nay. Motion failed. Mayor Johnson called for the question on the ordinance. All members voted aye. Motion passed. Mayor Johnson did not sign the ordinance and has 10 days to return the ordinance to the Clerk- Treasurer with his statement. FIRST READING & PUBLIC HEARING ORDINANCE Z-310/REZONE OF PROPERTY WEST OF 3RD AVENUE SW FROM I-1 TO R-4: Councilor Kendall moved to introduce Ordinance Z-310, Rezone from I-6 to R-4 of property at 3rd Avenue SW. Councilor Painchaud seconded the motion. Mark Boyce, of C.P. Morgan, gave an overview of the rezone from industrial to residential for the development of a ninety-nine (99) lot subdivision for single family homes in conformance with the Residential Open Space ordinance; stated the twenty-one acres has remained vacant for years, has not been sold in the three years is has been for sale for industrial use; and there is a specific land plan commitment if approved. Mayor Johnson opened the Public Hearing at 8:12 P.M. Terry Tryon, Building Trades Instructor at Carmel High School, spoke in favor of the ordinance. Sue Vorhees, resident at 48 Wilson Drive, spoke in favor of the ordinance stating her property abuts area in question and dreaded an industrial park being built there. Hearing and seeing no one else who wished to speak, the Public Hearing was closed at 8:15 P.M. Councilor Quinn questioned whether the Carmel Clay Park Board had plans to develop the space as a park or would it be a private park. Mark Boyce stated the land would be offered to parks and if declined would then be developed for the residents of the sub-division. Second reading will be held at the next Council meeting of November 20, 1995. FIRST READING ORDINANCE D-1186/OPERATING BALANCE CAP FOR 1996: Councilor Quinn moved to introduce Ordinance D-1186, Operating Balance Cap set at $3,600,000 for 1996. Councilor Kendall seconded the motion. 3 Mayor Johnson explained the ordinance is required by the State Tax Commissioners and it is his wish, and he thought it is Council's wish, to set the operating balance at $3,600,000 and reduce 1996 taxes. Councilor Quinn moved to suspend the rules and act on Ordinance D-1186 tonight. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All Councilors voted aye except Councilor Snyder, who voted nay. Motion failed. Councilor Snyder explained she would like someone from the City's accounting firm to talk to Council and assure them this would not impede business. Councilor Story, after verifying that passage of ordinance would allow for sufficient levy for budgets passed, spoke in favor of the ordinance as it had been promised to the next Council budgets would be funded and have a four million operating balance. Ordinance D-1186 will return for a second reading at the meeting of November 20, 1995. FIRST READING ORDINANCE D-1187/CONSENT TO ANNEXATION BY WESTFIELD: Councilor Quinn moved to introduce Ordinance D-1187, Consent to Annexation by the Town of Westfield of property within 3 miles of the city limits of Carmel, 151st, 171st and Oak Road. Councilor Quinn moved to suspend the rules and act on Ordinance D-1187 tonight. Councilor Snyder seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. Councilor Quinn moved for the approval of Ordinance D-1187. Councilor Story seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. RESOLUTIONS CC11-06-95-01 THROUGH 03/TRANSFERS WITHIN VARIOUS 1995 BUDGETS: Councilor Painchaud moved to approve Resolution CC11-06-95-01, transfer of funds from account 552 to 530-99, in the amount of $350; CC11-06-92-02, from account 363 to 365, in the amount of $200, both within 1995 Fire Budget; and, CC11-06-95-03, transfer of funds from account 419.52 to 690, in the amount of $300 within 1995 Court Budget. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1188/ESTABLISH FOUR-WAY STOP AT HUMMINGBIRD CIRCLE AND DOVE DRIVE: Councilor Quinn moved to introduce Ordinance D-1188, establishment of a four-way stop at Hummingbird Circle and Dove Drive. 4 Councilor Painchaud seconded the motion. Second Reading will be held at the next meeting held on November 20, 1995. FIRST READING ORDINANCE Z-311/SCRIVENER'S ERROR AMENDMENT TO ZONING ORDINANCE: Councilor Painchaud moved to approve Ordinance Z-311, Scrivener's Error Amendment to Z-297 Zoning ordinance. Councilor Snyder seconded the motion. Gordon Byers explained the need for the ordinance as the federal government has informed city that definitions were erroneously not included in the zoning ordinance regarding flood plain, this does not change the ordinance, it only affects the definition pages. Councilor Painchaud asked if these were FEMA standard definitions and it was affirmed. Councilor Painchaud moved to suspend the rules and act on Ordinance Z-311 tonight. Councilor Quinn seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. Councilor Quinn moved for approval of Ordinance Z-311. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE A-81/PROTECTION OF AQUIFER: Councilor Story moved to introduce Ordinance A-81, Protection of Aquifer. Councilor Painchaud seconded the motion. Gordon Byers briefly explained the ordinance, the state has adopted certain well-head protection standards and this is a codification of state standards at a local level to give protection to city's well- head areas and aquifers that service the well-heads; and, it regulates the types of uses and development standards with respect to those well-heads. Contact has been made the Hamilton County surveyor who has jurisdiction over legal drain, legal drain systems, waterways, water courses by statute and he is in favor of the ordinance, and has agreed verbally to enter into an interlocal agreement with us, regarding any jurisdictional dispute, they would allow us to use their jurisdictional powers with respect to legal drain systems. Councilor Quinn moved to suspend the rules and act on Ordinance A-81 tonight. Councilor Kendall seconded the motion. Mayor Johnson called for the question on suspension. All members present voted aye. Motion passed. Councilor Snyder left the meeting and was not present for vote. Councilor Quinn moved to adopt Ordinance A-81. Councilor Kendall seconded the motion. 5 Councilor Painchaud questioned whether builders and developers are in line with this ordinance. Gordon Byers stated most builders and developers were in line with this ordinance and this assured they would remain so. Mayor Johnson called for the question. All members present voted aye. Ordinance passed. RESOLUTION CC11-06-95-04/AUTHORIZE WITHDRAWAL FROM NON-REVERTING EMERGENCY AMBULANCE AND FIRE SERVICE FUND: Councilor Quinn moved to adopt Resolution CC11-06-95-04, authorizing withdrawal from the non-reverting Ambulance and Fire Service Fund. Councilor Kendall seconded the motion. Fire Chief Steve Couts explained the funds were needed for software and billing charges for set-up and administration of invoicing ambulance runs. Mayor Johnson called for the question. All members voted aye. Motion passed. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ____________________________________ Approved, ___________________ _________________ Attest: ______________________________ 6