Loading...
HomeMy WebLinkAboutCCM-03-02-92CARMEL CITY COUNCIL MEETING MINUTES MARCH 2, 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 Frank Fleming, Tom Kendall, Chris Painchaud, Alan Potasnik, Jim Quinn, Luci Snyder, and Tim Story. City Attorney Steve Brown and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. Press Secretary, Rick Myers, RECOGNITION OF OUTSTANDING CITIZEN: presented Mark Bingle with a proclamation which honored his heroic efforts in helping a citizen caught in a vicious dog fight. Mr. Bingle's efforts were greeted by a standing ovation from the Council and all citizens present at the meeting. Potasnik made a motion to amend the MINUTES: FEBRUARY 17, 1992: minutes of February 17, 1992 changing the first paragraph on page 6 to read "for their first regional basketball victory in the school's history" and to change "Fleming" to "Potasnik" under `Agenda Policy'. Johnson called for approval of the minutes as amended. All members voted aye. RECOGNITION OF CITIZENS WHO WISH TO SPEAK TO THE COUNCIL: The following citizens addressed the Council regarding support of the parks board joinder agreement between the City of Carmel and Clay Township: 1) Jean Deeds, on behalf of the League of Women Voters. 2) Fran Shoup, member of the Parks Board Long Range Planning Committee. 3) Audrey P. Stehle, Clay Township Representative 4) Ed Jutt, representing himself and the president of the North Acres Homeowners Association, Beth Schindler. Jutt addressed the Council regarding his concerns on the parks board and several matters concerning how the Council members proceed during meetings. 1 5) Carolyn Reifel, twenty year Carmel resident. 6) Nancy Blondin, representing the Carmel Clay Chamber of Commerce. The following citizens presented a petition signed by 700 citizens of Clay-West Township regarding an amendment to S-1 density in the Comprehensive Plan and addressed the Council concerning that matter: Walter Pavlicek, representing the Clay-West Information Council. Judy Hagan, representing the Clay-West Information Council. The following citizen addressed the Council regarding support of Ordinance D-754 regarding Beverly Enterprises, refunding revenue bonds. Jim Bagnoli, representing the Carmel-Clay Chamber of Commerce. Several Council members discussed the zoning matter concerning the Comprehensive Plan and asked Department of Community Development Director, William Ernst to address the issue. Ernst advised the Council what steps were underway which would address the problem of zoning in the Clay-West area. Johnson asked the Council to approve an addition to the CLAIMS: claims for Hamilton County Insurance Co. for $183,469.00. Quinn made a motion to approve the claims dated 2-19-92 totaling $356,272.53, the claims dated 2-21-92 totaling $328,525.26 and the Hamilton County Insurance claim dated 1-20-92 for $$183,469.00 as presented. The motion was seconded by Painchaud. Six members voted aye. Potasnik voted nay. NEW BUSINESS: Story made a motion to ORDINANCE D-754 - REVENUE REFUNDING BONDS: introduce Ordinance D-754 and to dispense with the reading. The motion was seconded by Kendall. Theodore Esping of Baker & Daniels representing Beverly Enterprises-Indiana, Robert Rolfe, A. Stuart Campbell and Schuyler Hollingsworth Jr. of Beverly Enterprises answered additional questions from the Council pertaining to Beverly Enterprises. Painchaud made a motion to suspend the rules and act on Ordinance D-754 and allow additional questions prior to the vote. The motion was seconded by Story. All members voted aye. Motion carried. Extensive discussion occurred between the Council members, the Beverly Enterprises representatives and City Attorney, Steve Brown concerning the bond issue. Quinn made a motion to amend Ordinance D-754 to include aye and nay columns, to reflect the vote of the Council. The motion was seconded by 2 Painchaud. Quinn called for the question. Six members voted aye. Potasnik voted nay. Motion carried. Quinn made a motion to amend Ordinance D-754 to approve the ordinance contingent upon receipt of an investor letter and addition of a paragraph under Section 16. Discussion regarding the amendment ensued. Hearing no second, the motion failed and did not come before the meeting. Further discussion by Council members ensued regarding Ordinance D-754. City Attorney, Steve Brown, stated liability in this matter, was not a concern of the Council or the City. Brown reviewed a number of research examples he made, supporting his recommendation that due diligence had been met and that the legal documents were in order, holding no liability against the City of Carmel. Potasnik called for the question. All members voted aye. Motion carried. Clerk-Treasurer Jones read the motion calling for a vote on Ordinance D-754 as amended. Kendall, Snyder, Potasnik and Fleming voted aye. Story, Painchaud and Quinn voted nay. Motion carried. RESOLUTION CC-3-2-92-1 / A RESOLUTION RESCINDING RESOLUTION CC-1- 20-92-2 REGARDING PRESENTATION OF STATE BOARD OF ACCOUNT AUDITS TO Potasnik outlined his reasons for which he THE CITY COUNCIL: asked the Council to consider rescinding Resolution CC-1-20-92-2 adding that audits submitted by the State Board of Accounts were already public record. Potasnik made a motion to introduce Resolution CC-3-2-92-1. The motion was seconded by Kendall. Discussion among the Council members ensued. Painchaud made a motion to call for the question. A show of hands approved the motion. Johnson asked all in favor of Resolution CC-3-2-92-1. Potasnik and Fleming voted aye. All other Council members voted nay. Motion defeated. ORDINANCE D-758 - AMENDMENT OF SECTION 3-9 (b) / "REGULAR AND Kendall made a motion to SPECIAL MEETINGS, EMERGENCY SESSIONS": introduce Ordinance D-758 and suspend the rules and act that evening on the ordinance. Kendall read the Ordinance. The motion was seconded by Potasnik. All members voted aye. (except Snyder who left the room and did not vote) Quinn made a motion to adopt Ordinance D-758. The motion was seconded by Painchaud. All members voted aye. (except Snyder, who left the room and did not vote). ORDINANCE D-759 - AMENDMENT OF CHAPTER 8, ARTICLE 5, SECTION 8-47 Kendall made a (a) / "3-HOUR PARKING LIMITS IN CITY PARKING LOTS" motion to introduce Ordinance D-759. The motion was seconded by Potasnik. The ordinance was read, in part, by Councilman Kendall. 3 Discussion ensued among several Council members. A show of hands cut-off further debate until the second reading. RESOLUTION CC-3-2-92-2 / REQUEST FOR TRANSFER OF FUNDS: Chief Roger Conn, Carmel Police Department, requested the following transfer in order to pay for unexpected vehicle repairs: $200.00 from Account #693 - Computer Software to Account #471 - Equipment Repair Quinn made a motion to adopt Resolution CC-3-2-92-2. The motion was seconded by Kendall. All members voted aye. Motion carried. ORDINANCE D-761 - AN ORDINANCE AMENDING ORDINANCE D-709: Mayor Johnson removed this item from the agenda. RESOLUTION CC-3-2-92-3 / RESOLUTION FOR TRANSFER OF FUNDS: Chief Roger Conn, Carmel Police Department, requested the following transfer in order to cover administration of a mandatory Hepatitis- B vaccine to all sworn Police officers which was not budgeted for 1992, but would save the City $2,000 if administered by April 1, 1992. $6,348.00 from Account #101 Full Time Salary to Account #403 Physical Exams Quinn made a motion to introduce Resolution CC-3-2-92-3. The motion was seconded Story. Story asked that the Council withhold action on this Resolution until the next meeting, allowing him to investigate the cost effectiveness of using Engirex vaccine. Story made a motion to postpone action on Resolution CC-3-2-92-3 until the next regular meeting. The motion was seconded by Quinn. All members voted aye. Motion carried. OTHER BUSINESS: REQUEST FOR ADDITIONAL APPROPRIATION - CARMEL POLICE DEPARTMENT: This item was withdrawn until the next meeting. REQUEST FOR FUNDS FROM COUNCIL BUDGET FOR EMPLOYEE NEWSLETTER: Press Secretary, Rick Myers, requested use of $2,523 from the Council newsletter fund, so the City could begin publishing a newsletter for employees. Myers stated the $2,523 would cover cost for one year's work by UN Printing. Potasnik made a motion to allow $2,523 to be used from the Council's newsletter fund to cover the cost for an employee newsletter. The motion was seconded by Quinn. All members voted aye. (except Story, who left the room and did not vote). Motion carried. REQUEST FOR ADDITIONAL APPROPRIATION - DEPARTMENT OF COMMUNITY Director of Community Development, Bill Ernst DEVELOPMENT: requested an additional appropriation from the General Fund in the 4 total amount of $15,000 for the purchase of a new car and the printing of the comprehensive plan. Ernst asked for the emergency spending of $10,000 for a car due to an immediate savings in purchasing a car through the State bidding vehicle package and because the funds he was requesting were not additional tax monies but monies already in his budget under the line item of office equipment. The emergency spending would allow Ernst to spend the money prior to the public hearing and passing of the additional appropriation ordinance at the next meeting. Ernst explained that he was merely creating a new line item in his budget and transferring money into that line item through a transfer. Clerk-Treasurer Jones stated this was the only method that could be used for doing such a purchase. Ernst went on to state that the $5,000 request for printing was money budgeted in 1991 but was not encumbered into the 1992 budget. Ernst stated there was a contract for this particular printing project which had to be honored. Quinn made a motion to direct the Clerk-Treasurer to advertise for the additional appropriations and asked for unanimous consent for the question. The motion was seconded by Kendall. All members voted aye. Motion carried. Councilor Story moved to resolve to approve the emergency spending of $10,000 for the new car prior to the public hearing. The motion was seconded by Painchaud. Six members voted aye. Quinn voted nay. Discussion ensued among Council members concerning the issue. Story called for unanimous consent for the question. All members voted aye. Motion carried. Johnson stated the research REDEMPTION OF WATER AND SEWER BONDS: was nearly complete concerning redemption of water bonds. Johnson stated it would be advisable to have a special meeting to discuss the redemption of the bonds and all the options concerning the entire matter. Potasnik supported Johnson's request for a special meeting. Johnson stated the school had not contacted the City SCHOOL SIGNS: regarding the signs. Johnson stated he would attempt report on the subject at the next meeting by attempting to obtain the school's input for signage and cost of electricity. Kendall stated a letter was RECOGNITION OF ACADEMIC EXCELLENCE: sent to the Council president listing the students eligible for recognition. Kendall recommended the Clerk-Treasurer's office or Mayor's office write the invitations that week, in order for the students to be recognized at the next Council meeting. Jones stated her office had other deadlines that had to be met and did 5 not have the time help with the Council's additional project and added the Council should have considered how the project would be executed before they approved it, not after. Johnson stated Rick Myers would be unable to take the time to do the project. Kendall volunteered to do the initial project himself. Painchaud asked if the Council had a line item that could be used to pay someone to complete the project. Jones stated the Council could pay for a service through the Council promotional fund. Kendall stated he would look into the ways the project could be completed. ANNOUNCEMENTS: Potasnik congratulated the Carmel Boys High CARMEL BOYS SWIM TEAM: School Swim Team for bringing another State Championship to Carmel bringing recognition to themselves, Carmel High School and the community. Potasnik asked that the team be recognized at the next Council meeting and be presented with a plaque for their achievement. Potasnik stated he would notify the team and advise the Clerk-Treasurer how the plaque should read. Story announced the CARMEL CIVIC SQUARE TASK FORCE II MEETING: public was invited to a meeting of the Carmel Civic Square Task Force II on Thursday, March 12, 1992 in the City Hall Caucus Room at 6:00 P.M. Story stated data would be presented which may produce the likely cost of operating the Civic Square building on an annual basis. Kendall stated Judge Hughes and Chief PARKING FINE ORDINANCE: Roger Conn, requested the Council review the parking fines which are currently only $5. Kendall asked the Mayor if his office and the City Attorney would review the matter with the Judge and the Police Chief and make a recommendation to the Council. Johnson stated he would review the matter. Quinn stated he opposed the way RESOLUTION CC-2-17-92-3: Resolution CC-2-17-92 was introduced at the prior meeting and that it had not properly been added as an agenda item prior to the meeting, thereby, denying Councilman Painchaud his vote because he left early believing all business had been completed. Painchaud stated he felt bad about missing debate on an item of great significance because he was unaware that the item would be added after business had been completed. Johnson stated the resolution as presented asked for no debate and, in his opinion, Painchaud would not have missed a debate. Johnson stated he was merely asking for a consensus from the Council to support the Parks Board. Quinn stated Painchaud was denied his vote. Johnson stated all he 6 needed was a consensus, and that is what he received. 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 CARMEL CITY COUNCIL MEETING MINUTES - MARCH 2, 1992 _________________________________ T. E. Johnson, Presiding Officer ATTEST: ______________________________________ Susan W. Jones, Clerk-Treasurer __________________________________ T. E. Johnson, Mayor ATTEST: ______________________________________ Susan W. Jones, Clerk-Treasurer 7