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HomeMy WebLinkAboutCCM-07-20-92CARMEL CITY COUNCIL MEETING MINUTES JULY 20, 1992 7:00 P.M. COUNCIL CHAMBERS/ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Council members in attendance were Jim Quinn, Frank Fleming, Tom Kendall, Alan Potasnik, Luci Snyder, Chris Painchaud, 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. Mayor Johnson recognized the RECOGNITION OF OUTSTANDING CITIZENS: accomplishments of the following citizens: Major General Richard D. Chegar presented Carmel resident Bill Cordray with the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on July 4, 1968. Mayor Johnson presented Mr. Cordray with a proclamation declaring the month of July 1992 as "Bill Cordray Month" in the City of Carmel. Mayor Johnson pronounced July 20, 1992 as "Clara Green Day" in honor of Ms. Green's dedicated service as the founder of five Mother and Baby Care Pregnancy Problem Centers and as the recipient of President Bush's Daily Point of Light Award. Mayor Johnson pronounced Tuesday, July 21, 1992 as "Carmel Kiwanis Golden K-Santa's Helpers Day". Johnson honored the specific efforts of William Ahlers, Jack Booher, Dr. E. H. Daley, Robert Duryea, Richard Edwards, Robert Harley, Richard Hamilton, John Martin, Eugene McGarvey, Lowell Reed, David Reeve and Robert Stewart for their participation as Santa's Helpers for the Carmel Clay Board of Parks and Recreation during Christmas 1991. Quinn made a motion to MINUTES: REGULAR MEETING OF JULY 6, 1992: approve the minutes of July 6, 1992 as submitted. The motion was seconded by Kendall. All members voted aye. Motion carried. Quinn made a motion MINUTES: EXECUTIVE SESSION OF JULY 6, 1992: to approve the executive session minutes of July 6, 1992 as submitted. The motion was seconded by Kendall. All members voted aye. Motion carried. 1 RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Councilman Story addressed the issue of the Carmel Clay Board of Parks and Recreation budget. Story outlined the necessity for the Council to be fiscally responsible due to unforseen constraints which had developed and grown over twelve (12) years of mismanaged pension funds. Story asked all citizens to keep in mind the growth of local government was beginning to exceed the growth of the City. Story stated most budgets had been scrutinized and cut in the budget process and the parks had not been singled out for cuts. Story outlined specific cuts and additions that had been approved in the budget for the parks. Story asked remonstrators to outline what areas of City services they desired to be cut to allow for the monies needed to maintain the basic City services and commitments. Carmel residents appealed to the Council to follow the wishes of the electorate and vote in favor of the Parks budget as submitted. The residents outlined their desire and need for parks and admonished Quinn, Kendall, Painchaud and Story for not representing the interests of the people who voted for them. The following residents addressed the Council in favor of parks: Audrey P. Stehle, Kathy Davis, Steve Tidler, Jean Deeds, Dr. Rick Adler, Janie Naraine, Debbie Tidler, Judi Jacobs and Laura Arnold. Carmel resident, Vic Edwards appealed to the Council to maintain fiscal responsibility by funding that which was not funded, to meet the obligations of the basic services of the City, and then attempt to meet the needs of other budgets after basic obligations had been met. Extensive discussion ensued among Council members regarding budgeting and the Carmel Clay Board of Parks and Recreation. Fleming made a motion to move agenda item 12C regarding the tower and park site on Carey Road to the next position on the agenda. The motion was seconded by Potasnik. All members voted aye. Motion carried. DISCUSSION OF POTENTIAL DEVELOPMENT OF TOWER SITE INTO A Quinn stated he had been RESIDENTIAL STREET WITH A CITY PARK: contacted by Mark Boyce of C.P. Morgan with an idea for development of a City street and park site at the tower location on Carey Road. Quinn stated he advised the Mayor of the suggested plan and opted to place the plan on the agenda as an option for Council consideration. Quinn made a motion to advertise for an additional appropriation for up to $100,000 to negotiate the purchase of the land at the tower site on Carey Road. The motion was seconded by 2 Kendall. Story stated the public needed to understand the purchase of the land by the City would not force the tower to be taken down because the tower legally would stay until the lease expired. Further discussion ensued among Council members regarding City funds available for the additional appropriation. Johnson stated the appropriation would affect the 1993 budget and essentially would replace what the Council had just cut from the budget. Johnson stated other funds were available in a separate fund that was monies laid aside for the purchase of the Communications Center building and was not part of the tax. Johnson stated the total dollars still available in that land acquisition fund was $150,000 and use of those monies would not affect the 1993 budget. Quinn made a motion to amend his motion to read: Direct the Clerk- Treasurer to advertise for an additional appropriation from the Land Acquisition Fund in the amount of $100,000 for the purpose of land acquisition at Carey Road for a park. The motion was seconded by Kendall. All members voted aye. Motion carried. Clerk-Treasurer Jones stated the public hearing for the $100,000 additional appropriation would be Monday, August 17, 1992. Johnson stated the appropriation did not necessarily mean the City would be willing to pay that amount of money for the land. Johnson called a five minute recess. RECESS: Quinn made a motion to include and approve the claims CLAIMS: docket dated 7/14/92 in the amount of $777,616.27 and to approve the claims of 6/30/92 in the amount of $237,826.59, 7/7/92 in the amount of $643.09, 7/9/92 in the amount of $360,006.42, 7/13/92 in the amount of $1,496.56 and 7/14/92 in the amount of $777,616.27. The motion was seconded by Story. All members voted aye. Motion carried. Story reported Painchaud had just left the COMMITTEE REPORTS: meeting due to illness. Story stated the Budget Committee would meet again on Tuesday, July 21, 1992 at 5:30 P.M. Story stated an additional meeting was scheduled for Thursday, July 23, 1992 at 7:00 P.M. Carmel Clay Board of Parks and Recreation PARKS BOARD DIRECTOR: president, Judi Jacobs introduced the new Director of the Carmel Clay Board of Parks and Recreation, Matt Dickey. Dickey gave a brief presentation of his first several weeks in his capacity as Director and advised the Council he would present them with periodic written reports of his progress as he became more acclimated to the tasks to be accomplished. Quinn made a motion to suspend the rules and move item 9C to the next position on the agenda. The motion was seconded by Kendall. All members voted aye. Motion carried. 3 SECOND READING: ORDINANCE D-810 / A NEW ARTICLE ENTITLED "OPEN Quinn made a motion to ALCOHOLIC BEVERAGES IN MOTOR VEHICLES": approve Ordinance D-810 prohibiting open containers of alcohol in motor vehicles. The motion was seconded by Kendall. Marty Scott, vice-president of Mothers Against Drunk Driving in central Indiana appealed to the Council to vote in favor of prohibition of open containers in motor vehicles. Scott presented Indiana State Police statistics and victim impact panel results regarding safety results from local, county and state levels. Discussion ensued among Council members. Quinn presented letters from the National Safety Council and the Indiana State Police encouraging banning open containers and consumption of alcohol in motor vehicles. Further discussion occurred among Council members regarding Ordinance D-810. Story made a motion to adopt the Ordinance D-810 version which allowed for open containers, but not within the reach of the driver. The motion was seconded by Fleming. Discussion ensued by Council members regarding the Ordinance. Call for the question. Story and Fleming voted aye. Snyder, Quinn, Kendall and Potasnik voted nay. Motion failed. Quinn made a motion to adopt the Ordinance D-810 version prohibiting open alcoholic beverage containers in motor vehicles with the exception of recreation vehicles and commercial vehicles such as limousines, charter buses and chartered passenger vehicles. The motion was seconded by Kendall. Snyder, Quinn, Kendall, Story, and Potasnik voted aye. Fleming voted nay. Motion carried. OLD BUSINESS: SECOND READING: ORDINANCE D-809 / AN ORDINANCE CONTROLLING USE OF Potasnik made a motion to adopt PRIVATE EMERGENCY ALARM SYSTEMS: Ordinance D-809. The motion was seconded by Kendall. Potasnik made a motion to amend Ordinance D-809 under section (E) item number 2 adding to the last paragraph as follows: "The Director of the Carmel Clay Communications Center or his designee shall forward the permit fee to the Clerk-Treasurer for deposit into the General Fund", and section (K) item number 1 insert the civil penalty in the last line as not to exceed "($500.00)". The motion was seconded by Quinn. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. Quinn SECOND READING: ORDINANCE D-804 / 1992 SALARY ORDINANCE: made a motion to adopt Ordinance D-804. The motion was seconded by Kendall. Potasnik made a motion to amend Ordinance D-804, Section 10 to read as follows: "That the Carmel Clay Communications Center telecommunicators shall be given a clothing allowance of $400.00 4 per year; Said clothing allowance shall be for the sole purpose of providing a uniform not useable in any fashion other than as a telecommunicator for the Carmel Clay Communications Center." The motion was seconded by Kendall. Potasnik asked the Mayor to consider amending Ordinance D-804 to reflect the methodology of salary payment within the Mayor's office. Johnson stated he intended to withhold a change to the ordinance until such time when a final determination would be made for staffing and payment within his office. Potasnik stated he would allow his first request for an amendment to stand alone. Call for the question on the amendment. All members voted aye. Motion carried. Quinn made a motion to delete under the Utilities - Water Department section the position of Distribution/Collection Systems Manager. Motion died for lack of a second. Diane Frewer and Pat Kopko, representing the Carmel Clay Communications Center appealed to the Council to consider the one- time request of an additional 5% increase for first and second class dispatchers to bring them to a salary commensurate with surrounding cities. The Communications Center representatives stated the expertise, physical, emotional and life-saving demands of the position did not liken the salary to a secretarial or receptionist position and salary level, but rather a professional salary level which demanded highly technically trained, competent and dependable personnel willing to work long and demanding shifts. Quinn stated a position had been filled in the Communications Center by the Mayor in January which, at the time, had not yet been approved by the Council. Johnson stated a similar situation existed with the Administrative Assistant position currently held by Diane Frewer and he would be reluctant to consider any increases to other positions in that department until Director Lowe and the Mayor, who specifically told the Council he had no desire to add an Administrative Assistant, could explain why the salary ordinance was being ignored. Quinn stated he would forward a letter to Director Lowe asking for an explanation. Discussion among Council members ensued regarding Ordinance D-804. Call for the question. All members voted aye. Motion carried. ORDINANCE D-811 / AN ORDINANCE AMENDING CHAPTER 6, SECTION 157 OF THE CARMEL CITY CODE REGARDING PROHIBITED SMOKING IN CITY HALL: Quinn made a motion to approve Ordinance D-811. The motion was seconded by Kendall. Firefighter Robert Halpin requested Council consideration of allowing smokers to use the bay areas since they were 24 hour residents of the station. Halpin asked the Council to consider addition of Safe-Smoking programs to be added to the insurance program to financially help those who were attempting to quit, able to afford a program designed to do so. 5 Discussion ensued among Council members regarding Ordinance D-811. Kendall made a motion to change the effective date of the Ordinance to January 1, 1993 and to allow an approved paid smoking program for those employees trying to quit from this point forward until the Ordinance effective date. The motion was seconded by Snyder. Johnson, Story, Snyder, and Kendall voted aye. Quinn, Potasnik and Fleming voted nay. Motion carried. Quinn read a letter from Street Commissioner Klingensmith requesting the Council to consider allowing each department head to designate a smoking area in each area of their responsibility. Quinn stated the City could be held liable for lack of action by not providing a smoke- free environment for all citizens and employees of the City. Snyder made a motion to amend Ordinance D-811 under Definitions (1) to include City structures owned "or operated" by the City of Carmel. The motion was seconded by Kendall. All members voted aye. Motion carried. Snyder made a motion to amend Ordinance D- 811 to allow smoking by Fire Department employees working 24-hour shifts in the bay areas of the building. The motion died for lack of a second. Further discussion ensued among Council members. Steve Reeves of the Carmel Fire Department stated the exhaust fumes had known carcinogens such as benzine. Reeves asked the Council to consider the bay area as a smoking area since the area could cause harm whether or not smoking did or did not occur in the bays. Council members discussed current smoking areas in City buildings. Call for the question. Story, Kendall and Quinn voted aye. Snyder, Potasnik, Fleming and Johnson voted nay. Motion failed. PUBLIC HEARING: ORDINANCE D-812 - REQUEST FOR AN ADDITIONAL APPROPRIATION / CARMEL Kendall made a motion introduce Ordinance COMMUNICATIONS CENTER: D-812 and to dispense with the reading in favor of a brief explanation. The motion was seconded by Quinn. Johnson stated the request for an additional appropriation was for monies needed for the Emergency Medical Dispatch Training program. Johnson stated eight (8) dispatchers were scheduled to be trained at an average cost of $250 plus travel per person. Johnson stated the appropriation covered monies needed for instructor development for the training officer and flip cards needed to aid dispatchers when handling an emergency call. Discussion of Ordinance D-812 ensued among Council members. Johnson opened the hearing to the public. Hearing no request to speak, Johnson closed the public hearing and opened discussion to the Council. Discussion ensued among Council members. Call for the question. All members voted aye. Motion carried. None. NEW BUSINESS: 6 OTHER BUSINESS: REQUEST FOR AGREEMENT BETWEEN THE HAMILTON COUNTY HUMANE SOCIETY Quinn made a motion to ANIMAL SHELTER AND THE CITY OF CARMEL: table this item until the next meeting. The motion was seconded by Kendall. All members voted aye. Motion carried. REQUEST TO ADVERTISE FOR AN ADDITIONAL SPECIAL APPROPRIATION FOR Potasnik made a motion to HAMILTON COUNTY EMERGENCY MANAGEMENT: table this item until the next meeting. The motion was seconded by Kendall. All members voted aye. Motion carried. REQUEST TO ADVERTISE FOR AN ADDITIONAL APPROPRIATION OF $550,000 TO Quinn made a PURCHASE THE CIVIC SQUARE CENTRE OFFICE BUILDING: motion to remove this item from the agenda. The motion was seconded by Kendall. Discussion ensued among Council members regarding the additional appropriation. City Attorney Brown stated Merchants Bank advised him the cut-off date would be 60 days which would allow the Council the opportunity to discuss the matter further at a public hearing at the first meeting in September if they so desired. Quinn asked to amend his motion to direct the Clerk-Treasurer to advertise for an additional appropriation of $550,000 for the purchase of the Civic Square Centre office building provided the transfer of physical assets is done immediately. Discussion ensued among Council members. Quinn withdrew his amendment and requested a vote on his original motion to withdraw. Discussion concerning the possible Civic Square Centre purchase continued by Council members and City Attorney Brown. Call for the question. Quinn voted aye. Kendall, Potasnik, Snyder Fleming and Story voted nay. Story made a motion to direct the Clerk-Treasurer to advertise for an additional appropriation of $550,000 for the purchase of the Civic Square Centre office building. The motion was seconded by Potasnik. Kendall, Potasnik, Snyder, Fleming and Story voted aye. Quinn voted nay. Motion carried. Johnson stated he believed the Council should extend the Resolution enacted by the Council in January in regard to the cut-off date on the Civic Square Centre office building. Discussion of the Mayor's proposal ensued. Story made a motion to extend the cut-off date of Resolution CC-1-6-92-1 through Tuesday, September 8, 1992. The motion was seconded by Snyder. All members voted aye. Motion carried. ANNOUNCEMENTS: Jones stated August 24, 1992 at SPECIAL MEETING AUGUST 24, 1992: 7 7:00 P.M. would be the date to pass the budget after a public hearing. Jones stated it is a special meeting of the City Council for that purpose only. Kendall read a letter from a HIGH INTENSITY FUTURE INVESTMENT: local organization that specializes in focusing on young parents between 13 and 25 years of age, providing them with adult role models. The organization appealed to Carmel residents to donate car seats or money for the purchase of car seats to help in the transportation of the young parents and their children. Kendall asked Carmel citizens to contact him if they desired to help the organization. Quinn stated the Hanratty HANRATTY HOUSE / HABITAT FOR HUMANITY: family extended their deepest appreciation for the City of Carmel's recognition of the memory of their son State Trooper Thomas J. Hanratty. Quinn stated the Hanratty's are determined because of Carmel's efforts, to build a home for Habitat for Humanity in Hamilton County in memory of their son. There being no further business before the Council or ADJOURNMENT: requests from the public to speak, the meeting was duly adjourned. Respectfully submitted, _______________________________ Susan W. Jones, Clerk-Treasurer ________________________________ T. E. Johnson, Presiding Officer ATTEST: _______________________________ Susan W. Jones, Clerk-Treasurer _______________________________ ATTEST: T.E. Johnson, Mayor _______________________________ Susan W. Jones, Clerk-Treasurer 8