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HomeMy WebLinkAboutCCM-09-21-92CARMEL CITY COUNCIL MEETING MINUTES September 21, 1992 7:00 P.M. Council Chambers/One Civic Square The Carmel City Council meeting was called to order by Mayor Ted Johnson. Members in attendance were Jim Quinn, Tom Kendall, Alan Potasnik, Frank Fleming, Chris Painchaud, Luci Snyder and Tim Story. City Attorney Steve Brown and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilman Quinn followed by the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS AND EMPLOYEES: Mayor Johnson presented students of Carmel Junior High School with proclamations honoring their achievement of reaching a 4.0 average during the spring semester of 1992. Mayor Johnson and the Council honored the anniversary of five, ten fifteen, twenty, twenty-five and thirty year employees of the City with presentations of keys to the City of Carmel to the five, ten, fifteen, and twenty year employees, pens to the twenty-five year employees and a watch to thirty year employee Jim Dougherty. APPROVAL OF MINUTES: Councilman Story made a motion to approve the minutes of the regular session of September 8, 1992. The motion was seconded by Councilman Fleming. Five members voted aye. Councilwoman Snyder abstained because she was not present at the September 8th meeting. Councilman Painchaud was late and did not vote. Motion carried. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Charles Demler of Carmel asked for the Council's intersession regarding a drainage problem caused by a land build-up by Indiana Bell of property adjacent to his home at 463 Emerson Rd. Demler stated Indiana Bell's dirt lot also caused an enormous amount of dirt coating of the homes in the area by the number of trucks using Indiana Bell's facility. Demler stated repeated attempts to resolve the problem with Indiana Bell had produced no results. Johnson stated he would bring the request before the Board of Public Works and Safety and have the City Engineer review the problem. Johnson stated he would notify Demler of the Board's determination of the problem. 1 Quinn made a motion to approve the claims of 8-31-92 for CLAIMS: $170.25, and 9-10-92 for $874,655.39 and to add-on claim 9-21-92 for $356,679.21. The motion was seconded by Councilman Kendall. Five members voted aye. Story abstained. Motion carried. Councilman Potasnik made a motion to suspend the AGENDA ADD-ONS: rules to add under New Business a request for an additional appropriation by the Fire Department for an inspection/ investigation vehicle and to add a request for an additional appropriation by the Fire Department for a replacement copy machine. The motion was seconded by Kendall. All members voted aye. Motion carried. OLD BUSINESS: CARMEL PLAN COMMISSION REPORT ON S-1 DENSITY SO ORDERED BY CARMEL In CITY COUNCIL RESOLUTIONS CC-3-16-92-1 AND CC-8-17-92-3: response to City Council Resolutions CC-3-16-92-1 and CC-8-17-92-3, Quinn read the report from Ron Houck, President of the Carmel Plan Commission, regarding the S-1 density issue. Further discussion on this agenda item was postponed until presentation of an ordinance by the Plan Commission to the Council. OLD BUSINESS - SECOND READINGS: ORDINANCE D-830 / ADDITIONAL APPROPRIATION / $550,000 / CIVIC Kendall made a motion to postpone this agenda item SQUARE CENTRE: until the arrival of Council President Painchaud. The motion was seconded by Snyder. All members voted aye. Motion carried. 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: approve Utility Ordinances D-836 through D-839, D-841, D-843 through D-844, D-846 through D-847 and D-849 through D-857 and dispense with the reading. The motion was seconded by Snyder. All members voted aye. Motion carried. Potasnik made a motion to table Ordinances D-840 and D-848 until the next meeting. The motion was seconded by Kendall. 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 amend D-832 as follows: VEHICLES: Change Sec. 6-115 (a) (1) from seventy-two (72) hours to five (5) days. Change Sec. 6-115 (a) (3) from forty-eight (48) hours to fifteen (15) days. 2 The motion was seconded by Story. Discussion ensued among Council members regarding Ordinance D-832. Call for the question. All members voted aye. ORDINANCE D-833 / AN ORDINANCE AMENDING CARMEL CITY CODE CHAPTER 6, Snyder stated ARTICLE 5, SECTION 6-88 AND 6-89 / WEEDS AND DEBRIS: Ordinance D-833 was introduced to allow the City to promptly control obvious weed and debris problems. Discussion ensued among Council members regarding Ordinance D-833. City Attorney Steve Brown advised the Council Ordinance D-833 was enforceable as written, but as is true with any legal document, it could be challenged. Snyder made a motion to approve Ordinance D-833. The motion was seconded by Fleming. All members voted aye. Motion carried. PUBLIC HEARING: ORDINANCE D-859 / ADDITIONAL APPROPRIATION / $100,000 / GENERAL FUND - MAYOR'S BUDGET - CONSULTING FOR INDIANA UNIVERSITY POLIS Kendall made a motion to introduce Ordinance D-859 and PROGRAM: dispense with the reading in favor of a brief explanation. The motion was seconded by Snyder. John Krauss and David Bodenhamer of Indiana University gave a brief explanation of the proposed Polis program for the City of Carmel which would help the City evaluate policy alternatives through analysis of the growth and development of Carmel, organizational analysis of the City government and fiscal analysis of the City. Johnson opened the hearing of Ordinance D-859 to the public. Ken McGinity of Carmel asked if the study would include Clay Township. Johnson stated the study would include Clay Township. 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 and Indiana University representatives regarding the Polis Program. Johnson advised Council members he would attempt to talk to Clay Township trustees before the next City Council meeting regarding the possibility of shared funding of the program. Further discussion of Ordinance D- 859 was withheld until the second reading. OLD BUSINESS / CONTINUED (MOVED FROM AGENDA POSITION 9A): ORDINANCE D-830 / ADDITIONAL APPROPRIATION / $550,000 / CIVIC Quinn made a motion to approve Ordinance D-830 for SQUARE CENTRE: a $550,000 additional appropriation for the purchase of the Civic Square Centre Building on the Southwest corner of Civic Centre Drive and Rangeline Road. The motion was seconded by Kendall. Discussion ensued among Council members regarding the proposed 3 purchase of the Civic Square Centre Building. Quinn made a motion to amend Ordinance D-830 to change the words "purchase" of Civic Square Centre to the words "return" of Civic Square Centre. Painchaud stated the motion was a hostile amendment which would change the purpose of the main motion. Clerk-Treasurer Jones stated the amendment would change the use for which the ordinance was advertised and would not be approved by the State Tax Commissioners. Quinn withdrew his motion. Call for the question. Snyder, Potasnik and Fleming voted aye. Quinn, Kendall, Story and Painchaud voted nay. Motion failed. Painchaud made a motion for an emergency appropriation of $90,000 to pay the cost of the return of the Civic Square Centre Building to the bank and to further direct the Clerk-Treasurer to advertise for that appropriation. The motion was seconded by Story. Quinn, Kendall, Story, Painchaud and Snyder voted aye. Fleming and Potasnik voted nay. Motion carried. PUBLIC HEARING - CONTINUED: ORDINANCE D-860 / ADDITIONAL APPROPRIATION / $5,000 / GENERAL FUND - DEPARTMENT OF COMMUNITY DEVELOPMENT - PAYMENT TO HNTB FOR Fleming made a motion to introduce COMPREHENSIVE PLAN PRINTING: Ordinance D-860 and dispense with the reading in favor of a brief explanation. The motion was seconded by Snyder. Johnson stated the request for an additional appropriation was to pay for the balance of a contract with HNTB for comprehensive plan printing. Johnson opened hearing of Ordinance D-860 to the public. Hearing no request from the public to speak, Johnson closed the public hearing and opened discussion to the Council. Discussion ensued among Council members regarding Ordinance D-860. Potasnik made a motion to suspend the rules and approve Ordinance D-860. The motion was seconded by Fleming. All members voted aye. Motion carried. Call for the question. All members voted aye. ORDINANCE D-861 / ADDITIONAL APPROPRIATION / $10,000 / GENERAL Quinn made FUND- MAYOR'S BUDGET - LEGAL COSTS OTHER THAN ATTORNEY: a motion to introduce Ordinance D-861 and dispense with the reading in favor of a brief explanation. The motion was seconded by Kendall. Johnson stated the request for an additional $10,000 appropriation was for a payment to resolve a court case. Johnson opened hearing of Ordinance D-861 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-861. The motion was seconded by Story. All members voted aye. Motion carried. Call for the question. All members voted aye. ORDINANCE D-862 / ADDITIONAL APPROPRIATION / $11,976.98 / MVH FUND Story made a motion to introduce Ordinance D- - ENGINEER'S BUDGET: 4 862 and dispense with the reading in favor of a brief explanation. The motion was seconded by Kendall. Story stated the request for the additional appropriation for $11,976.98 was to cover expense of overtime for traffic counts which had been requested by the Council. Johnson opened hearing of Ordinance D-862 to the public. Hearing no request from the public to speak, Johnson closed the public and opened discussion to the Council. Further discussion of Ordinance D-862 was withheld until the second reading. NEW BUSINESS: RESOLUTION CC-9-21-92-1 A RESOLUTION TRANSFERRING FUNDS OF THE Quinn made a motion to approve CARMEL CLAY COMMUNICATIONS CENTER: Resolution CC-9-21-92-1. The motion was seconded by Kendall. Quinn stated the resolution was a transfer of the following funds by the Department of Community Development: $4,645.00 from General Account #202 (Health Insurance) into- #301 - (Printing and Stationary) - $3,675.00 #472 - (Building and Structure Repair) - $720.00 #642 - (Other Equipment) - $250.00 Call for the question. All members voted aye. RESOLUTION CC-9-21-92-2 A RESOLUTION TRANSFERRING FUNDS OF THE Quinn made a motion to approve CARMEL STREET DEPARTMENT: Resolution CC-9-21-92-2. The motion was seconded by Kendall. Quinn stated the resolution was needed to cover additional work by summer help through a transfer of the following funds by the Carmel Street Department: $2,500 from Account #101 (Full Time Salary) into- #110 - (Part-Time Salary) - $2,500 Discussion regarding the transfer ensued among Council members. Call for the question. All members voted aye. RESOLUTION CC-9-21-92-3 A RESOLUTION TRANSFERRING FUNDS OF THE Potasnik made a motion to DEPARTMENT OF COMMUNITY DEVELOPMENT: approve Resolution CC-9-21-92-3 for transfer of the following funds by the Department of Community Development: $5,000 from #475 (Maintenance Contracts) into- #471 (Equipment Repair) - $5,000. The motion was seconded by Kendall. Call for the question. All members voted aye. RESOLUTION CC-9-21-92-4 A RESOLUTION TRANSFERRING FUNDS OF THE Quinn made a motion to approve Resolution CARMEL PLAN COMMISSION: CC-9-21-92-4 for transfer of the following funds by the Carmel Plan Commission. $3,950 from #439 (DOCD Support Staff Per Diem) into- #110 (Part-Time Salary) - $3,950. The motion was seconded by Snyder. Call for the question. All 5 members voted aye. ORDINANCE D-858 AN ORDINANCE ESTABLISHING A PROMOTIONAL FUND FOR Potasnik made a motion to introduce THE OFFICE OF THE MAYOR: Ordinance D-858 and dispense with the reading in favor of a brief explanation. The motion was seconded by Story. Jones stated Ordinance D-858 was a housekeeping ordinance to replace a lost ordinance that established a promotional fund for the office of the mayor. Quinn made a motion to suspend the rules and act on Ordinance D-858. The motion was seconded Story. All members voted aye. Motion carried. Call for the question. All members voted aye. ORDINANCES D-842, D-845, D-863 AND D-864 / UTILITY ORDINANCES AMENDING VARIOUS SECTIONS OF CHAPTER 9 OF THE CARMEL CITY CODE: Kendall made a motion to introduce Ordinances D-842, D-845, D-863 and D-864 and dispense with the reading in favor of a brief explanation. The motion was seconded by Quinn. As requested by the City Attorney, Kendall made a motion to withdraw Ordinance D-845. The motion was seconded by Snyder. All members voted aye. Motion carried. Dave Pace representing the Utility Department gave a brief explanation of Ordinances D-842, D-863 and D-864. Further discussion of Ordinances D-842, D-863 and D-864 was withheld until the second reading. OTHER BUSINESS: REQUEST FOR AN ADDITIONAL APPROPRIATIONS FOR $13,000 AND $6,485/ CARMEL FIRE DEPARTMENT / PURPOSE: PURCHASE OF INSPECTION / Quinn made a INVESTIGATION VEHICLES AND REPLACEMENT COPY MACHINE: motion to instruct the Clerk-Treasurer to advertise for an additional appropriation totaling $13,000 for the purpose of Fire Department purchase of inspection/investigation vehicles and $6,485 for purchase by the Fire Department of a replacement copy machine. The motion was seconded by Story. All members voted aye. Motion carried. ANNOUNCEMENTS: There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ______________________________ Susan W. Jones, Clerk-Treasurer Approved: 6 _______________________________ ATTEST: Mayor T. E. Johnson _______________________________ Susan W. Jones, Clerk-Treasurer 7