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HomeMy WebLinkAboutCCM-09-08-92CARMEL CITY COUNCIL MEETING MINUTES September 8, 1992 7:00 P.M. Council Chambers/One Civic Square The Carmel City Council meeting was called to order by Council President, Chris Painchaud. Members in attendance were Jim Quinn, Tom Kendall, Chis Painchaud, Alan Potasnik, Frank Fleming and Tim Story. City Attorney Steve Brown and Clerk-Treasurer Susan W. Jones were also in attendance. Mayor Johnson and Dr. Story arrived late and did not vote on the minutes or claims. Luci Snyder was absent. The invocation was given by Councilman Quinn followed by the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS: Councilman Painchaud recognized, on behalf of the Mayor, the efforts of the students from Clay Junior High School for academic excellence by achieving a 4.0 average, by presenting them with a proclamation declaring Tuesday, September 8, 1992 as Clay Junior High School Academic Achievement night. Painchaud deferred the Employee of the Month presentations until the arrival of the Mayor. APPROVAL OF MINUTES: Quinn made a motion to approve the minutes of the regular session of August 17, 1992, the executive session of August 17, 1992 and the special meeting of August 24, 1992. The motion was seconded by Potasnik. Potasnik made a motion to amend the minutes of the regular session of August 17, 1992 to change page four which read "Hamilton County Human Society" and should read "Hamilton County Emergency Management" and to amend the minutes of the special meeting of August 24, 1992 to correct the signature page from A.P. to A.J. Potasnik. The motion was seconded by Kendall. Fleming made a motion to change the August 24, 1992 special meeting to include ordinance numbers and budget totals. The motion was seconded by Painchaud. Painchaud asked all in favor of approval of the minutes as amended. All members voted aye. Motion carried. Quinn made a motion to approve the claims of 8-19-92 for CLAIMS: $356,336.23, 8-25-92 for $10,270,216.36 and 8-26-92 for $9,931.25. The motion was seconded by Kendall. Quinn made a motion to amend the claims total of 8-25-92 to read $10,720,216.36. The motion was 1 seconded by Kendall. Painchaud asked all in favor of approving the claims as amended. All members voted aye. Motion carried. Fleming asked that future investment claims dockets be separate from the other claims. Jones advised the Council that would be done. PRESENTATION OF EMPLOYEE OF THE MONTH AWARD: Johnson presented "Employee of the Month" plaques to the following employees: Employee of the Month of June, Bob Hoyt, for his dedication in attending the Carmel City Council meetings and his interest in the City and its business. Employee of the Month of July, Mark Baumgart, for his dedication, hard work and volunteerism on the Carmel Square Fountain Committee. Employees of the Month of August, the entire Carmel Fire Department, for all of the extra work done with Hurricane Andrew Relief efforts, the Indiana Firefighters Association Conference, and the City of Carmel Employee Hog Roast. Johnson thanked the department for its cheerful help whenever help was needed. OLD BUSINESS: WOODLANDS SUBDIVISION, BRIAR CREEK - WATER DRAINAGE PROBLEM: Johnson stated the City Engineer and the Street Commissioner would make a survey of the drainage problems in the City and advise the Council of the capital costs necessary to relieve the problems. Johnson stated the Council would be informed after the survey was completed which would require several heavy rainfalls. Potasnik stated he would advise the Mayor of particular problems regarding drainage problems he had previously reviewed and encouraged Council members to do the same for their respective districts. PUBLIC HEARING: ORDINANCE Z-274 / REZONE FROM R-2 TO R-3 CLASSIFICATION - 114 FIRST Quinn made a motion to introduce STREET SOUTHEAST, CARMEL, IN.: Ordinance Z-274 and to dispense with the reading in favor of an explanation from the petitioner. The motion was seconded by Kendall. Petitioners William and Regina Greenwood gave a brief presentation regarding their request to rezone property located at 114 First Street Southeast from a R-2 to a R-3 classification. - Johnson opened the hearing regarding Ordinance Z-274 to the public. Hearing no request from the public to speak, Johnson closed the public hearing and opened discussion to the Council. Quinn made a 2 motion to suspend the rules and act on Ordinance Z-274. The motion was seconded by Kendall. All members voted aye. Motion carried. Council members asked Greenwood questions regarding his rezone request. Potasnik called for the question. All members voted aye. Motion carried. ORDINANCE D-829 / ADDITIONAL APPROPRIATION / $200,359.06 / POLICE Clerk-Treasurer Jones gave a AND FIRE DEPARTMENT PENSION FUNDS: brief explanation of the monies needed to refund the pension funds from the General Fund. Quinn made a motion to introduce Ordinance D-829. The motion was seconded by Kendall. Johnson opened the hearing regarding Ordinance D-829 to the public. Hearing no request from the public to speak, Johnson closed the public hearing and opened discussion to the Council. Quinn made a motion to suspend the rules and act on Ordinance D-829. The motion was seconded by Kendall. All members voted aye. Motion carried. Call for the question. All members voted aye. ORDINANCE D-830 / ADDITIONAL APPROPRIATION / $550,000 / CIVIC Johnson stated the proposed Ordinance D-830 was the SQUARE CENTRE: offering of the purchase price for the Civic Centre Building on the Southwest corner of Civic Center Drive and Rangeline Road. Kendall made a motion to introduce Ordinance D-830 and dispense with the reading. The motion was seconded by Potasnik. Johnson opened the hearing regarding Ordinance D-830 to the public. David Taylor and Jean Gervitz appealed to the Council to vote in favor of the purchase of the Civic Centre building. Hearing no other requests from the public to speak, Johnson closed the public hearing and opened discussion to the Council. Discussion ensued among Council members regarding the Ordinance D-830. Quinn made a motion to suspend the rules and act on Ordinance D-830. The motion was seconded by Kendall. Kendall, Quinn, Potasnik, Story and Painchaud voted aye. Fleming voted nay. Motion failed. Kendall made a motion to suspend the rules and allow Jean Gervitz to speak again. The motion was seconded by Painchaud. All members voted aye. Motion carried. Gervitz stated the City desperately needed a location for training the cultural arts to young children and asked the Council for alternative suggestions for facilities available for that purpose. Story appealed to petitioners in favor of the Civic Centre purchase to return to the next meeting and offer suggestions regarding their proposed source of revenue for the purchase, since it was not currently available from City funds. NEW BUSINESS: RESOLUTION CC-9-8-92-1 / A RESOLUTION TRANSFERRING FUNDS OF THE Jones stated Resolution CC-9-8- OFFICE OF THE CLERK-TREASURER: 3 92-1 was a request to transfer funds totaling $5700 from #101 (full time salary) to #424 (software support) and $800 from #101 (full time salary) to #640 (office equipment). Jones stated the monies were necessary to cover anticipated software support needs of Solutions Group and the purchase of a fax machine for the office. Painchaud made a motion to approve Resolution CC-9-8-92-1. The motion was seconded by Story. All members voted aye. Motion carried. ORDINANCE D-832 / AN ORDINANCE AMENDING CARMEL CITY CODE CHAPTER 6 SECTIONS 6-114 THROUGH 6-121 AND ADDING SECTION 6-122 / ABANDONED Potasnik made a motion to introduce Ordinance D-832 and VEHICLES: to dispense with the reading in favor of a brief explanation. The motion was seconded by Kendall. Potasnik gave a brief synopsis of the changes Ordinance D-832 would make to City Code Chapter 6 Sections 6-114 through 6-121 along with an addition of Section 6- 122 regarding abandoned vehicles. Kendall asked about a discrepancy regarding vehicles on private property for fifteen and thirty days in two separate sections of the ordinance. Potasnik stated he would talk to Judge Hughes and have an answer by the second reading at the next meeting of the City Council. ORDINANCE D-833 AN ORDINANCE AMENDING CHAPTER 6 ARTICLE 5 SECTION Kendall 6-88 AND 6-89 OF THE CARMEL CITY CODE / WEEDS AND DEBRIS: made a motion to introduce Ordinance D-833 and to dispense with the reading in favor of a brief explanation. The motion was seconded by Quinn. Johnson gave a brief synopsis of the changes Ordinance D-833 would make to City Code Chapter 6 Article 5 Sections 6-88 and 6-89 of the Carmel City Code regarding weeds and debris. Discussion ensued among Council members regarding Ordinance D-833. The Council asked the City Attorney to define the words "rank vegetation" in order to prevent the ordinance from difficulty in enforcement due to questionable interpretation. Kendall asked for the ordinance to include trees and shrubbery be maintained at least two feet from the public sidewalk and trees be maintained and trimmed to a distance of 8 feet overhanging public sidewalks. Painchaud asked the City Attorney if weed height should be spelled out in the ordinance. Brown stated exact height was left out intentionally to make Ordinance D-833 easier to enforce. Further discussion of Ordinance D-833 was withheld until the second reading at the next meeting of the City Council. ORDINANCE D-835 AN ORDINANCE AMENDING CHAPTER 5 ARTICLE 5 SECTION 8-51 OF THE CARMEL CITY CODE / LIMITED PARKING ON SPECIFIED Quinn made a motion to introduce Ordinance D-835. The STREETS: motion was seconded by Painchaud. Johnson stated Ordinance D-835 was an effort to include remaining streets in the Carmel High School area which continued to have students park their cars during school hours, causing serious inconvenience to area residents. 4 Discussion ensued among Council members regarding Ordinance D-835. Quinn made a motion to suspend the rules and act on Ordinance D- 835. The motion was seconded by Story. All members voted aye. Motion carried. Call for the question. All members voted aye. UTILITY DEPARTMENT ORDINANCES D-836 THROUGH D-841, ORDINANCES D-843 THROUGH D-844 AND ORDINANCES D-846 THROUGH D-857 AMENDING VARIOUS Quinn made a motion to SECTIONS OF CARMEL CITY CODE CHAPTER 9: introduce Utility Ordinances D-836 through D-841, D-843 through D- 844 and D-846 through D-857 and dispense with the reading pending a brief explanation. The motion was seconded by Potasnik. Lee Dolen and Dave Pace representing the Utilities and Water Distribution Department gave a brief explanation of the changes, additions and deletions made to individual sections of the Carmel City Code Utilities - Chapter 9 regarding procedures, fees and fines. Discussion of the ordinances ensued among Council members. Brown stated approximately six more ordinances would be presented at the next Council meeting and asked the Council to consider suspending the rules and vote on the additional ordinances at the next meeting. Brown stated a vote on the utility ordinances as a whole would allow him to submit them to the Indiana Regulatory Commission at one time. RESOLUTION CC-9-8-92-2 A RESOLUTION TRANSFERRING FUNDS OF THE Potasnik made a motion to approve Resolution OFFICE OF THE MAYOR: CC-9-8-92-2. The motion was seconded by Kendall. Johnson stated Resolution CC-9-8-92-2 was a request to transfer funds of the Mayor's office totaling $1,500 from #441 (Postage) to #443 (Promotion of the City). Johnson stated the monies were needed to cover expenses for Civic Square activities . Call for the question. All members voted aye. RESOLUTION CC-9-8-92-3 A RESOLUTION TRANSFERRING FUNDS OF THE BOARD Quinn made a motion to approve OF PUBLIC WORKS AND SAFETY: Resolution CC-9-8-92-3. The motion was seconded by Painchaud. Johnson stated Resolution CC-9-8-92-2 was a request to transfer funds of the Board of Public Works and Safety totaling $9,000 from #461 (Insurance) to #484 (Rentals). Johnson stated the monies were needed to cover rental of a property for storage of equipment. Call for the question. All members voted aye. OTHER BUSINESS: REQUEST TO ADVERTISE FOR AN ADDITIONAL APPROPRIATION / MVH FUND - Quinn made a motion to direct the ENGINEER'S BUDGET - $11,976.98: Clerk-Treasurer to advertise for an additional appropriation from the MVH Fund of the City Engineer's budget totaling $11,976.98 to cover overtime needed for traffic count studies. The motion was seconded by Kendall. All members voted aye. Motion carried. 5 ANNOUNCEMENTS: POLIS PROGRAM - INDIANA UNIVERSITY: Kendall introduced representatives of the Indiana University Polis Program. The representatives gave a brief explanation of the year- long program they proposed to help the Council chart the course for the future of the City of Carmel. Discussion ensued among Council members regarding the necessity of such a program. Further discussion was withheld until the public hearing scheduled for the September 21, 1992 City Council meeting. Quinn asked the City Attorney a question ERNST MEMO / S-1 ZONING: regarding a memo he had received from former Director of Community Development, Bill Ernst. Brown stated he had not seen the memo. Quinn asked for clarification regarding the Council's request to the Plan Commission regarding S-1 density. Discussion ensued among Council members regarding S-1 density. Johnson stated the City Attorney would prepare exactly what the Council instructed. Johnson stated questions arose because the Council asked for one thing regarding S-1 density and the Plan Commission was asking for another thing. Johnson stated the Council would expect a recommendation from the Plan Commission regarding the comprehensive plan. Johnson stated he would ultimately ask the Council for a final determination of exactly what the Council wanted after the recommendation was made. There being no further business before the Council the meeting was adjourned. Respectfully submitted, ______________________________ Susan W. Jones, Clerk-Treasurer Approved: _______________________________ ATTEST: Mayor T. E. Johnson _______________________________ Susan W. Jones, Clerk-Treasurer 6