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HomeMy WebLinkAboutCCM-02-17-92CARMEL CITY COUNCIL MEETING MINUTES FEBRUARY 17, 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. Mayor Johnson and Fire Chief Couts RECOGNITION OF CITY EMPLOYEE: presented a 20 year service pin and plaque in honor of Carmel Fire Department Battalion Chief Stanley Callahan. Potasnik made a motion to amend the MINUTES: FEBRUARY 3, 1992: minutes of February 3, 1992 changing the second paragraph under `Citizens Who Wish to Speak to the Council' to read; Quinn moved to suspend the rules to allow the most recent State Board of Accounts audit of the Carmel Police Department to the agenda. The motion was seconded by Kendall. Kendall and Quinn voted aye. Five members voted nay. Motion defeated. Fleming asked why agenda items had been removed from the agenda without the consent of the Council. Clerk-Treasurer Jones stated the Councilman who placed the item on the agenda, requested withdrawal of the item. Potasnik stated an ordinance could not be introduced and seconded and then disappear. Painchaud stated if an item is removed from the table an action is required by the Council. Painchaud stated postponement without action by the Council or no action by the Council at the subsequent meeting of a tabled item, allows the action to die and would require reintroduction at a later date. Story made a motion to approve the minutes of February 3, 1992 including Potasnik's amendment. The motion was seconded by Quinn. All members voted aye. Motion carried. RECOGNITION OF CITIZENS WHO WISH TO SPEAK TO THE COUNCIL: Richard E. Frost addressed the Council regarding procedures and suggestions for consideration by the Council. Frost will appear 1 under the same agenda category at the next meeting. Kendall made a motion to approve the claims dated 2-7-92 CLAIMS: totaling $783,790.53 as presented. The motion was seconded by Painchaud. Six members voted aye. Potasnik voted nay. Quinn made a motion to TRANSFERS - RESOLUTION CC-2-17-92-2: introduce Resolution CC-2-17-92-2. The motion was seconded by Story. Clerk-Treasurer Jones requested the following transfer to cover the cost of a printer needed in the office of the Clerk- Treasurer, which was not budgeted: From Acct. # Into Acct. # $552.34 301 640 $552.33 620.8c 340.2 $552.33 793.2 330.32 Discussion among Council members ensued. Johnson called for the question. All members voted aye. Motion carried. PROPOSED REFUNDING TRANSACTION FOR CURRENT CITY OF CARMEL PRIVATE Theodore Esping of Baker & Daniels representing ACTIVITY BOND: Beverly Enterprises-Indiana, Robert Rolfe, A. Stuart Campbell and Schuyler Hollingsworth of Beverly Enterprises gave a presentation concerning refinancing and refunding of a City of Carmel economic development revenue bond in order to take advantage of today's favorable interest rates. Beverly Enterprises presentation included financial information pertaining to Beverly Enterprises. Esping requested a first reading of Ordinance D-754 that evening. Discussion between the Council members, City Attorney Steve Brown and Beverly Enterprises representatives ensued. City Attorney, Steve Brown stated the Council had fulfilled their obligations of due diligence by asking the questions that needed to be answered concerning the transaction. Brown stated the legality of the transaction was his responsibility and he would render a written opinion, advising the proper documents are in place and that the Council properly passed and reviewed the ordinance. Brown stated the Council should be due diligent concerning the legal mechanism of the transaction and should not be caught up in looking at the transaction as if it were an investment because that is not due diligence. Brown stated the document would state the full faith and credit of Carmel did not stand behind the transaction and it would not affect the City of Carmel bond rating, debt limit, general obligations, nor would it be payable through funds raised through taxation. Story made a motion to suspend the rules and introduce Ordinance D-754 and dispense with the reading and allow the ordinance to remain at the Council's current position in the agenda. The motion 2 was seconded by Painchaud. Five members voted aye. Kendall and Quinn voted nay. Motion defeated. EMPOWERMENT OF CITY OF CARMEL REDEVELOPMENT COMMISSION: Johnson stated Ordinance D-720 stands and a Redevelopment Commission has been appointed. Johnson stated the City Attorney recommended the Redevelopment Commission not be dissolved in order to use the Commission for other projects in Carmel such as downtown redevelopment. Quinn directed the City Attorney prepare an ordinance repealing Ordinance D-720 to dissolve the Redevelopment Commission. REQUEST TO ADOPT ORDINANCE D-751 TO REINSTATE AN ECONOMIC Potasnik made a motion to amend Ordinance DEVELOPMENT COMMISSION: D-751 changing Section 1 subsection C to include "The commissioners shall be compensated in the amount of $35.00 per regular or special meeting attended except for organization and/or reorganization meetings to be paid through the budget of the Department of the Economic Development Commission." The motion was seconded by Quinn. All members voted aye. Motion carried. Quinn made a motion to amend Ordinance D-751, Section 1 subsection A changing the Economic Development Commission from `five (5)' members to `three (3)' members, and amendment of Section 1 subsection B changing the appointment of `three (3)' members by the Mayor of Carmel to one `(1) member'. The motion was seconded by Kendall. Story confirmed the legality of the motion with City Attorney Brown All members voted aye. Motion carried. Story made a motion to amend Ordinance D-751 Section 1 subsection I. Changing `Five Thousand Dollars ($5,000)' to read: `Two Thousand Dollars ($2,000)', and changing `Two Thousand Five Hundred Dollars ($2,500)' to read: `One Dollar ($1)'. The motion was seconded by Kendall. All members voted aye. Motion carried. Story made a motion to adopt Ordinance D-751 as amended. The motion was seconded by Kendall. All members voted aye. Motion carried. Discussion over procedure concerning ORDINANCE D-754 - DISCUSSION: the suspension of rules and introduction of Ordinance D-754 ensued between Council members, the petitioner and the City Attorney. Johnson ruled the petitioner did not follow proper procedure for submission of Ordinance D-754 and advised the first reading of Ordinance D-754 would take place at the next meeting if properly submitted to the Clerk-Treasurer's office on time and as required 3 by Ordinance. Johnson asked the Council to seriously consider suspending the rules at the next meeting and voting after the first reading since the public had heard information regarding the bond issue at two meetings and would have a third opportunity at the next meeting. Johnson urged the petitioner to meet requirements of agenda submission for the next meeting. REDEMPTION OF WATER AND SEWER BONDS: Johnson presented an analysis of sewer utility bond refunding options and potential redemption of water bonds submitted by Utilities Department Manager, Jim Dougherty for review by the Council. Johnson stated the City's fiscal consultants would review the options and make a recommendation. Johnson asked that this item appear under `other business' at the next meeting. Story made a motion to ADDITIONAL APPROPRIATION ORDINANCE D-755: introduce Ordinance D-755 and dispense with the reading pending an explanation from the Clerk-Treasurer regarding the ordinance. The motion was seconded by Potasnik. Johnson opened the hearing for Ordinance D-755 to the public. Clerk-Treasurer Jones gave a brief explanation of Ordinance D-755 for an additional appropriation totaling $65,307.76. Hearing no request from the public to speak, Johnson closed the public hearing at 9:57 P. M. Johnson asked for discussion from the Council. A discussion concerning the ordinance ensued. Painchaud made a motion to suspend the rules and approve Ordinance D-755. The motion was seconded by Story. All members voted aye. Motion carried. Story asked for unanimous consent for the question. All members voted aye. Motion carried. Discussion STATE BOARD OF ACCOUNTS - CARMEL POLICE DEPARTMENT: took place regarding a State Board of Accounts, Carmel Police Department audit from January 1, 1990 through October 21, 1991 among the Council members. Quinn read the audit report. Further discussion ensued among the Council members and the Mayor regarding the audit. Johnson stated the report and the exit conference were held with the State Board of Accounts, Mayor Hancock and Chief of Police Barney prior to his taking office in January of 1992 and he did not intend to take any other action in the matter other than advising the Police Department what current administration policy and state law dictates. Jones stated she had been advised the officer involved attended the exit conference mentioned by the Mayor and was given an opportunity to respond, for the record, within thirty days of the exit conference. Clerk-Treasurer Jones requested the CITY PROPERTY INVENTORY LIST: item be withdrawn from the agenda. RESOLUTION 2-17-92-1 - CITY OF CARMEL EMPLOYEE HANDBOOK AND WORK 4 Quinn made a motion to approve Resolution CC-2-17-92-1 to RULES: establish an employee handbook and work rules by November 1, 1992. Discussion by the Council concerning Resolution CC-2-17-92-1 ensued. Story called for unanimous consent on the question. All members voted aye. Motion carried. Jones requested Council approval for resolutions PERF RESOLUTIONS: approving Public Employee Retirement Funds for the three positions approved by the Council at the second meeting in January. Jones stated the positions were, Press Secretary, Administrative Assistant to the City Council and Clerk-Treasurer and Communications Center Director. Potasnik so moved. The motion was seconded by Quinn. All members voted aye. Motion carried. OTHER BUSINESS: Johnson asked for direction regarding the school SCHOOL SIGNS: signs in the event the school refused to take action concerning the issue. Discussion concerning the signs took place among the Council members. Johnson stated he would report on the subject at the next meeting under `other business' on the agenda. A special meeting for the public and CELLULAR PHONE TOWER MEETING: any cellular phone company wishing to participate, concerning the cellular phone towers, was scheduled by the Mayor for March 30, 1992 at 7:00 P. M. Johnson requested approval for approximately EMPLOYEE NEWSLETTER: $2,500 to establish an employee newsletter. Discussion concerning the newsletter ensued. Johnson temporarily withdrew the request. Johnson read a CARMEL-CLAY PARKS BOARD OF PARKS AND RECREATION: letter outlining his concerns about harassing phone calls and comments to Carmel-Clay Parks Board committee members by members of the Carmel City Council. Johnson presented Resolution CC-2-17-92-3 which affirmed support of Ordinance D-724 establishing the creation of the Carmel-Clay Board of Parks and Recreation. Snyder made a motion to approve Resolution CC-2-17-92-3. The motion was seconded by Potasnik. Discussion of the resolution ensued. Potasnik read the resolution. Quinn instructed the City Attorney to prepare an ordinance repealing Ordinance D-724 to appear on the next agenda. Story asked for unanimous consent for the question. Story, Snyder, Potasnik and Fleming voted aye. Quinn voted nay. Kendall abstained. Painchaud was not present. Kendall made a motion to not CITY COUNCIL MEETING - APRIL 6, 1992: schedule a public hearing for the meeting of April 6, 1992. The motion was seconded by Quinn. All members voted aye. Motion 5 carried. Kendall stated he had STUDENT RECOGNITION FOR ACADEMIC EXCELLENCE: not received a list of the students to be recognized for academic excellence from the school administration. Kendall asked the Mayor to write to the school administration asking for the list. Johnson stated he would write to Dr. Hartman. ANNOUNCEMENTS: Potasnik congratulated the CARMEL HIGHSCHOOL LADY GREYHOUNDS: coach and team members of the Carmel Highschool Lady Greyhounds for their victory in their first regional basketball championship in the school's history. Potasnik urged Carmel residents to support the team in their upcoming game against Brebeuf. Potasnik asked that individuals be prevented from AGENDA POLICY: speaking on an agenda item if no ordinance or resolution was before the Council. Johnson stated only ordinances, resolutions or public hearings would be allowed on the agenda. All other requests would be delegated to the `Other Business' category. 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: ______________________________________ 6 Susan W. Jones, Clerk-Treasurer __________________________________ T. E. Johnson, Mayor ATTEST: ______________________________________ Susan W. Jones, Clerk-Treasurer 7