The URL can be used to link to this page

Home My WebLink AboutCCM-09-18-95CARMEL CITY COUNCIL SEPTEMBER 18, 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, 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. RECOGNITION OF OUTSTANDING CITIZENS: Mayor Johnson proclaimed September 17th through September 23rd as Constitution Week. Mayor Johnson recognized Society National Bank for donating time and service for Flowing Well Park maintenance and cleaning. Mayor Johnson congratulated the Carmel Dad's Club 13-14 Year Old Girl's Team for winning the ASA Indiana State Fast Pitch Tournament and presented each member with a key to the City. Mike Hollibaugh, DOCD, presented Mayor Johnson with an award from the Indiana Conference of Indiana Planning Association for Distinguished and Effective Planning with regards to 96th Street and the 2020 Vision Process. APPROVAL OF MINUTES: Councilor Painchaud moved to approve the minutes of August 21, 1995, August 28, 1995 and September 11, 1995. Councilor Story seconded the motion. Councilor Quinn abstained from voting on August 21 and August 28th as he was absent. Minutes were approved as submitted by consent. CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Rick Sharp, resident at 1309 Thornbird Lane, questioned the progress of pending litigation with Windsor Regency versus the Board of Zoning Appeals. City Attorney Gordon Byers stated both sides have filed the briefs and anticipate the hearing to be within 60 days and a decision within 30 days after that. AGENDA AMENDMENT: Upon the recommendation of Mayor Johnson, Councilor Quinn made a motion to move item 11h to 11a. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. COMMITTEE REPORTS: Councilor Quinn questioned the status of an invoice that was pulled from the claims docket on September 11, 1995 from Lectro-Communications in the amount of $1,700 and asked the Clerk to advise him where the claim is tomorrow so it could be checked out, sign the claim if resolved and report back to Council at next meeting results of phone calls made. Sam Rincker, Treasurer of Carmel Clay Parks Board, introduced the new Superintendent of Recreation, Steve Frew. Councilor Potasnik questioned negative figures on line items within the Parks Budget August report and how a line item can be higher than the previous month. Mr. Rincker stated he will look into the matter and report back to Council. Councilor Story stated this was a good example of why Parks' books should be kept by the Clerk- Treasurer and a major failing of the joinder agreement is that although the City of Carmel provides more than 50% of the funding the books are kept elsewhere while making questions raised difficult to get answers to. Councilor Quinn concurred stating the Parks' reports are valueless, incomprehendable and agrees that the City should take over the Parks Board as the Clerk's office is underutilized in not having the fund under City jurisdiction and feels the Park Board was set up other than what was designated by Indiana statute. Councilor Potasnik spoke of concern for the manor in which things are done such as the purchase of property being written about in local newspapers rather than being discussed as state law allows behind closed doors. SECOND READING ORDINANCE D-1163/ADDITIONAL APPROPRIATION/$100,675/ CUMULATIVE CAPITAL DEVELOPMENT: Councilor Snyder moved to approve Ordinance D-1163, an additional appropriation in the amount of $100,675 for Cumulative Capital Development. Councilor Story seconded the motion. Bill Fehribach, President of A & F Engineering, explained $30,000 was to place two (2) more poles at 116th and Gray for better visibility and right turn arrows since traffic flow now warranted the change and $60,000 was needed to modernize the intersection at AAA Way and Carmel Drive as the signal currently is not traffic actuated off of AAA Way. Councilor Quinn, citing the anticipated drop in traffic, questioned if other traffic signals were more appropriately addressed. Mr. Fehribach stated it was the only light not traffic actuated in the City. Councilor Fleming questioned who complained of the light on Carmel Drive as he had never encountered any problem nor heard of any complaints. 2 Councilor Painchaud concurred with Councilor Fleming in that there seems to be no need for it right now. Councilor Quinn moved to amend the ordinance by reducing Account #509 from $90,000 to $30,000, allowing for the 116th and Gray Road improvements but not AAA Way. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. While Councilor Story voted nay, all others voted aye. Motion passed by a majority. Mayor Johnson called for the question on the amended ordinance. With Councilor Story voting nay, all others voted aye. Ordinance passed by a majority. FIRST READING & PUBLIC HEARING ORDINANCE Z-303/AMENDMENT TO ZONING ORDINANCE/BASIS OF BOARD APPROVAL-REJECTION: Councilor Quinn moved to introduce and dispense with the reading of Ordinance Z-303, Basis of Board Approval/Rejection. Councilor Snyder seconded the motion. Councilor Quinn stating Plan Commission and the Department of Community Development are working towards making the twenty-five (25) points objective rather than subjective, counseled Council, as author of the ordinance, to defeat the ordinance unanimously. Mayor Johnson opened the Public Hearing at 7:56 p.m. Bill McLinn, 13868 Oak Ridge Road, spoke against the ordinance and applauded simplifications in progress. Rick Sharp, 1309 Thornbird Lane, spoke against the ordinance and urged Council members to vote no. Hearing and seeing no one else who wished to speak, Mayor Johnson closed the public hearing at 8:04 p.m. Councilor Quinn moved to suspend the rules and act on Ordinance Z-303 tonight. Councilor Potasnik seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members voted nay. Ordinance failed. FIRST READING ORDINANCE S-61/SEWER RATE ADJUSTMENT: Councilor Snyder moved to introduce Ordinance S-61, Sewer Rate Adjustment, and dispense with reading of same. Councilor Quinn seconded the motion. 3 City Fiscal Consultant Keith Gambrel gave an overview of the ordinance stating it was a 10.41% increase putting the sewer utility back to break even point; adequate for operating utilities; and, although the last significant increase was in 1982, the rate was subsequently reduced by 12.5% in 1985, this rate hike still does not put us back to the 1982 level. Councilor Quinn questioned whether these rates would be higher than those paid by the purchase of our wastewater treatment plant services at wholesale rates. Mr. Gambrel explained the wholesale rate was a different price structure. Councilor Story mentioned the big increase in water rates that residents experienced about a year ago, and would like to see comparative data of what the people of Carmel are paying against their neighbors who use those same services. Mayor Johnson stated the wholesale users are paying capital costs as well and a comparison of single rate to single rate cannot be done. Second reading and public hearing will be October 16th. RESOLUTION CC09-18-95-01/TRANSFER OF FUNDS WITHIN 1995 DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGET: Councilor Quinn moved to approve Resolution CC09-18-95-01, transfer of $11,000 within Department of Community Development 1995 budget from account #404 Consulting fees to #509 Other Contracted Services for a township wide mailing of the final 2020 Vision Plan. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. RESOLUTION CC09-18-95-02/TRANSFER OF FUNDS WITHIN 1995 COMMUNICATIONS CENTER BUDGET: Councilor Story moved to approve Resolution CC09-18-95-02, transfer of $890 within Communications Center 1995 budget from account #100 Full Time Salary, $150 to #420 Postage, $240 to #515 Maintenance Contracts and $500 to #430-02 Training, Travel and Lodging. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1177/ELECTED OFFICIALS' SALARIES 1996 THROUGH 1999: Councilor Quinn moved to introduce Ordinance D-1177, Elected Official Salaries from 1996 through 1999. Councilor Story seconded the motion. Councilor Quinn explained the ordinance stating there is no increase for the Mayor, a 3% raise for the Clerk-Treasurer and Judge each year, and a 10% increase for council each year as costs to serve should not be a barrier. 4 Councilor Fleming spoke of his concern of the Clerk-Treasurer salary versus the Judge's salary and would like to see Clerk-Treasurer increased to match the judge's salary. Second reading and public hearing will be on October 16, 1995. FIRST READING ORDINANCE D-1178/ADDITIONAL APPROPRIATION/ $4,267,100/ CUMULATIVE CAPITAL DEVELOPMENT: Councilor Snyder moved to introduce Ordinance D-1178, an additional appropriation in the amount of $4,267,100 for the Cumulative Capital Development Fund for the City's portion of construction of 96th Street to I-69. Councilor Painchaud seconded the motion. Mayor Johnson explained the appropriation contains $400,000 not in original budget estimate for contingencies as requested by Council. Second reading and public hearing will be on October 2, 1995. FIRST READING ORDINANCE D-1179/ADOPTION OF 2ND QUARTER SUPPLEMENT TO CITY CODE: Councilor Painchaud moved to introduce Ordinance D-1179, adoption of 2nd Quarter Supplement to City Code. Councilor Snyder seconded the motion. Councilor Quinn moved to suspend the rules and act on D-1179 tonight. Councilor Story seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members voted aye. Ordinance passed. FIRST READING ORDINANCE D-1180/AMENDMENT TO EMERGENCY AMBULANCE AND FIRE SERVICE FUND: Councilor Quinn moved to introduce and dispense with the reading of Ordinance D-1180, an amendment to the Emergency Ambulance and Fire Service Fund. Mayor Johnson explained this amendment is needed because October 1, 1995 the city will no longer have an agreement with Riverview and the City will be operating the ambulance service and this ordinance addresses where the funds generated are put. Councilor Potasnik stated the ordinance also directs the medical service tax from Hamilton County into this fund and started to move to suspend the rules and act on the ordinance this evening. City Attorney Gordon Byers cautioned there needs to be an ordinance with this that allows the City to charge for the service and for collection of the medical service tax Hamilton County collects. Councilor Potasnik reiterated that there is not enough time to put that ordinance into place before October 1, 1995 and something needs to be in place. 5 Councilor Story stated the need for a fee schedule to be in place on October 1, 1995 and suggested the passage of this ordinance tonight and accompany it with a enabling resolution authorizing the Board of Works to adopt a fee schedule and return it to City Council for formal adoption. After some further discussion, Councilor Potasnik moved to suspend the rules and act on Ordinance D- 1180 tonight. Councilor Painchaud seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. Councilor Story stressed the need for a resolution to go before the Board of Public Works. City Attorney Gordon Byers stated what the resolution should include "...resolution authorizing the Carmel Board of Public Woks and Safety at this coming Wednesday's meeting to enter into a contractual relationship, taking into consideration tax revenue and the cost to charge users of ambulance service in the Clay Township as well as the City's jurisdiction, to be later approved back by the legislative body." Mayor Johnson called for the question on the ordinance. All members voted aye. Motion passed. Councilor Painchaud moved to add Resolution CC09-18-95-04 to the agenda as stated by City Attorney as item 11k. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion to amend passed. FIRST READING ORDINANCE Z-307 (was D-1181 on agenda)/PREMISES IDENTIFICATION: Councilor Potasnik moved to introduce and dispense with the reading of Ordinance Z-307, Premises Identification. Councilor Painchaud seconded the motion. Councilor Potasnik explained the need for this ordinance which requires the posting of address on properties in order to facilitate emergency personnel response time and asked that the council approve referring to Plan Commission for township wide approval. Council gave its unanimous consent. RESOLUTION CC09-18-95-03/PURCHASE OF FEE SIMPLE INTEREST IN REAL ESTATE AND INTEREST IN EASEMENTS AND CLAIM DATED SEPTEMBER 8, 1995 FOR PURCHASE: Councilor Quinn moved to approve Resolution CC09-18-95-03, for the purchase of fee simple real estate and a claim dated September 8, 1995 in the amount of $69,560 for part of the purchase. Councilor Snyder seconded the motion. City Attorney Gordon Byers stated this is the final segment to acquire water well sites and easements, and negotiations are underway not to pay for easements. 6 Mayor Johnson called for the question on the resolution and claim. All members voted aye. Motion passed. RESOLUTION CC09-18-95-04/AUTHORIZE BOARD OF PUBLIC WORKS TO SET FEE SCHEDULE FOR AMBULANCE SERVICE AND DIRECT MEDICAL SERVICE TAX: Councilor Story moved to approve add-on agenda item Resolution CC09-18-95-04. Councilor Quinn seconded the motion. 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: _________________________________ 7