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HomeMy WebLinkAboutCCM-01-20-92CARMEL CITY COUNCIL MEETING MINUTES JANUARY 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 Frank Fleming, Tom Kendall, Chris Painchaud, Alan Potasnik, Jim Quinn, Lucy Snyder, and Tim Story. Clerk-Treasurer Susan W. Jones was also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. Presentation of twenty year service RECOGNITION OF CITY EMPLOYEES: certificates and pins were made to City of Carmel Fire Department employees, Battalion Chief Donald J. Bauer and Inspector Terry T. Fleming by Mayor Johnson and Chief Couts. Kendall made a motion to suspend INTRODUCTION OF CITY ATTORNEY: the rules and allow the Mayor to introduce the new City Attorney as the next item on the agenda. The motion was seconded by Potasnik. All members voted aye. Motion carried. Mayor Johnson introduced Steve Brown of the law firm of Locke, Reynolds, Boyd & Weisell. Discussion followed regarding the legality of Mayor Johnson relinquishing the gavel to the Council president when he was present at the Council meetings. Brown advised he would review the State and City laws and return to the Council with a determination of his findings. Johnson advised the Council the American Disabilities Act would go into effect on January 26, 1992 and asked them to be prepared to discuss the contents of informational packets distributed by the next meeting. Fleming made a motion to approve the MINUTES; JANUARY 6, 1992: minutes of January 6, 1992 as amended. Kendall made a motion to amend the minutes as follows: Delete from page two, the sentences referring to the Council and Mayoral appointments returning to the agenda under old business, since they returned to another location on the agenda. Delete from page three under Ordinance D-743, the sentence that refers to the item returning under old business. Correction of the spelling of Carey Road under Ordinance Z-268. Under Ordinance D-746, change the Council vote to reflect all Council members voted aye with Kendall and Potasnik voting nay. 1 Potasnik requested the minutes be amended as follows: Page two, Potasnik stated he resigned from the Plan Commission be changed to `Potasnik stated his term expired 12-31-91'. The motion was seconded by Potasnik. All members voted aye. Motion carried. Jones read conflict statements CONFLICT OF INTEREST STATEMENTS: submitted by Dr. Story and Mayor Johnson. Painchaud made a motion to accept the statements as submitted. The motion was seconded by Kendall. All members voted aye. Motion carried. The Council made the following appointments: COUNCIL APPOINTMENTS: Plan Commission: James Quinn Board of Zoning Appeals: Ron Carter Hamilton County Solid Waste Board: Lucy Snyder Cable TV Advisory Board: Tom Kendall Johnson stated Stan Brookie's term on the Carmel Public Library Board would not expire until the end of 1992. Mayor Johnson stated the Council chaplain MAYORAL APPOINTMENTS: would be Councilman Quinn and the Parliamentarian would be Councilman Painchaud. Chuck Baldwin of the law firm of AMERICAN DISABILITIES ACT: Locke, Reynolds, Boyd and Weisell gave a brief summary of the American Disabilities Act and how it would impact the City along with the legal ramifications, if the City failed to comply. Hamilton County Commissioners, Bill HAMILTON COUNTY COMMISSIONERS: Karns, Steve Dillenger, Fred Swift, Meredith Carter and Steve Holt gave a brief presentation of greeting, introduction and an overview of common interests between the new Council and the Hamilton County Commissioners. A discussion between the Council and Commissioners took place, regarding their common interests, particularly roads and bridges. RECOGNITION OF CITIZENS WHO WISH TO SPEAK TO THE COUNCIL: Mary DeVaney of 13229 Abbots Place, Carmel, appealed to the Council for flashing signals in the Mohawk Trails school zone on 126th Street, due to the many dangerous situations that have arisen from traffic. The Council accepted Mrs. DeVaney's request to look into the problem as a mandate. The Council stated they would obtain cost figures and secure whatever special appropriations may be necessary to supply flashing signs for all Carmel schools who do not have flashing signs. The Council stated they would pressure the schools to provide funding for those signs, along with reasonable consideration of issues regarding public desire for safe conditions for school children. Painchaud made a motion to call for the question. The CLAIMS: 2 motion was seconded by Kendall. Five members voted aye. Potasnik and Quinn voted nay. Quinn made the motion to approve the claims. The motion was seconded by Story. Four members voted aye. Potasnik and Story voted nay. Fleming abstained. Motion carried. Painchaud made a motion to delete items 8B, APPROVAL OF AGENDA: 8F, 10A and to add item 10G - ratification of Ordinance D-748. The motion was defeated. Story made a motion to suspend the rules and approve the agenda adding item 10G - ratification of Ordinance D- 748. The motion was seconded by Painchaud. All members voted aye. Motion carried. Report From Civic REPORT FROM CIVIC SQUARE CENTRE TASK FORCE: Square Centre Task Force: Story stated the Task Force adopted a mission statement, the text of which is attached to these minutes. Story advised the Council they would be updated as results became available. Quinn EMPOWERMENT OF CITY OF CARMEL REDEVELOPMENT COMMISSION: proposed a resolution to direct the City Attorney to prepare an ordinance dissolving the Carmel Redevelopment Commission. The motion was seconded by Kendall. Discussion concerning the Redevelopment Commission ensued. Kendall made a motion to table the item until the City Attorney could have time to answer specific questions of the Council. The motion was seconded by Story. Five members voted aye. Painchaud and Quinn voted nay. Motion to table carried. ORDINANCE Z-745/ AN ORDINANCE RATIFYING THE CONTRACTS BETWEEN THE CITY OF CARMEL, INDIANA AND THE TOWN OF WESTFIELD, HAMILTON WESTERN UTILITIES AND CLAY REGIONAL WASTE DISTRICT FOR PLANT EXPANSION: Potasnik called for the question. The motion was seconded by Kendall. All members voted aye. Motion carried. ORDINANCE D-746/ AN ORDINANCE AMENDING THE SALARY ORDINANCE OF 1992 Painchaud made a motion to adopt CHANGE AND CREATE NEW POSITIONS: Ordinance D-746. The motion was seconded by Fleming. Potasnik made a motion to amend the ordinance by removing the position of Administrative Assistant to the Council and Clerk-Treasurer. The motion was seconded by Snyder. Painchaud asked all in favor of Potasnik's amendment. Potasnik and Snyder voted aye. All other members voted nay. Motion to amend was defeated. Painchaud asked all in favor of Ordinance D-746. Five members voted aye. Potasnik and Snyder voted nay. Motion carried. Quinn made a motion to recess for ten minutes. The motion RECESS: was seconded by Johnson. All members voted aye. Motion carried. ORDINANCE D-747/ PROPOSED ORDINANCE TO RESCIND ORDINANCE D-729 AND REVERT BACK TO CITY CODE SECTION 2-50 AS IT RELATES TO THE PAYMENT 3 Kendall made a motion to approve Ordinance D-747. OF OVERTIME: The motion was seconded by Quinn. Snyder gave examples of Police Department procedures that require overtime and conflict with the proposed ordinance and may damage morale. Discussion by the Council followed regarding the ordinance. Kendall made a motion to suspend the rules and allow the employees present to speak to the issue before the Council. The motion was seconded by Snyder. All members voted aye motion carried. Employees of the Carmel Fire Department appealed to the Council to consider the impact the ordinance would have on morale and the negative impact on their own income. Quinn made a motion to table the ordinance. The motion was seconded by Kendall. All members voted aye. Motion carried. REQUEST TO ADOPT AN ORDINANCE TO REINSTATE AN ECONOMIC DEVELOPMENT Johnson asked the Council if they wanted limits on COMMISSION: what could be spent by the Economic Development Commission and asked the Council to approve transfer of funds to provide the monies for the Economic Development Commission. Potasnik offered to act as liaison between the Mayor's office and the City Attorney to resolve the questions before the Council regarding the EDC. Potasnik made a motion to table this item. The motion was seconded by Quinn. All members voted aye. Motion carried. REQUEST TO AMEND OR REPEAL ORDINANCE D-697/COMPREHENSIVE PLAN: Quinn stated he would like the Council to consider amending Ordinance D-697 in order to change the proposed density plan to reflect the general public's desire for density `remaining the same or decreasing'. Discussion followed by Council members concerning the Comprehensive Plan. Kendall made a motion to send a letter through the president of the Council concerning the Council's intent to offer changes in the Comprehensive Plan update changing 1) Hazel Dell north-south thoroughfare to be four lanes and continue from 146th Street to 96th Street; 2) to change 106th Street and 126th Street to three lane thoroughfares instead of four lanes; 3) to change the S-1 zoning to 1 acre net density. Discussion followed concerning the proposed amendment. Quinn made a motion to suspend the rules and allow the Director of Community Development to speak to the Council. The motion was seconded by Snyder. All members voted aye. Motion carried. Bill Ernst, Director of Community Development stated the Board of Zoning Appeals and the Plan Commission were aware, due to a recently received document from HNTB, numerous errors and housekeeping matters on thoroughfare plans and maps needed to be cleaned up on the Comprehensive Plan. Ernst asked the Council to consider that many corrections would be made and asked them to consider asking for only those revisions the Council felt absolutely necessary because of the costs involved with a complete revision. 4 The Council discussed the matter further with the City Attorney. Potasnik called for the question. The motion was seconded by Story. All members voted aye. Motion carried. Johnson asked all in favor of Kendall's motion. Fleming, Quinn and Kendall voted aye. The four remaining members voted nay. Motion defeated. Kendall proposed a RECOGNITION OF SCHOLASTIC EXCELLENCE: resolution to recognize students attending school in the Carmel School system, in grades 3 through 12, twice per year, with a 4.0 or straight A grade in all subjects. Quinn made a motion to adopt the proposal as resolution CC-1-20-92-1. The motion was seconded by Potasnik. Story asked the record to reflect he seconded Councilman Kendall's remarks. Story called for the question. The motion was seconded by Painchaud. All members voted aye. Motion carried. Quinn made PROPOSED RESOLUTION - STATE BOARD OF ACCOUNTS REPORTS: a motion to approve resolution CC-1-20-92-2 which would require all audit reports prepared by the State Board of Accounts of any and all City departments, boards, building corporations or any other entity that spends City of Carmel tax monies be presented to the Council at the first meeting of the Council following the filing date of the audit report, and any and all audit reports prepared by the State Board of Accounts for the above mentioned entities for the 1991 calendar year be presented to the City Council at the February 3, 1992 meeting, to be made part of the public record. The motion was seconded by Painchaud. Discussion regarding the proposed resolution ensued. Painchaud asked all in favor of the resolution. Four members voted aye. Potasnik and Snyder voted nay. Fleming abstained. Motion carried. No formal resolution was presented. The resolution will remain part of the minutes. Quinn made a ORDINANCE D-749 - AMENDMENT TO CITY CODE, CHAPTER 3: motion to introduce Ordinance D-749. The motion was seconded by Painchaud. Quinn stated the changes to Chapter 3, Article 1 Section 3-19, would be as follows: 1) Change agenda deadline from noon Wednesday prior to the meeting to Noon Monday prior to the meeting; 2) to change requirements for mailing agendas packets from 24 to 48 hours after the noon cutoff; the 15th line changes the word Mayor to Presiding Officer. Kendall made a motion to; 1) amend line five and six to remove `on the Monday immediately' and insert `7 days immediately preceding'; 2) and change line 13 to add after the words Clerk-Treasurer `and any member of the press who is present along with additional copies for the public if requested'. The motion was seconded by Quinn. Quinn called for the question. The motion was seconded by Kendall. All members voted aye. Motion carried. Quinn made a motion to suspend the rules and act on Ordinance D-749 as amended. The motion was seconded by Fleming. 5 Six members voted aye. Painchaud voted nay. Motion defeated. A brief REQUEST BY CLERK-TREASURER FOR ADDITIONAL APPROPRIATION: explanation was given by the City Attorney and Clerk-Treasurer regarding a dispute with the Internal Revenue Service for a shortage on FICA taxes. Until the matter could be further investigated, the City Attorney, the City's Fiscal Consultants and the State Board of Accounts advised the payment be made to stop the penalty and interest charges from accruing. The clerk-treasurer asked the Council to decare an emergency order to issue the check, pending the tax commissioner's and public hearing. Quinn made a motion to direct the clerk-treasurer to advertise for an additional appropriation for the total payment due the Internal Revenue Service and the fee for the City's fiscal consultant, Katz, Sapper & Miller. The motion was seconded by Painchaud. Quinn called for the question. The motion was seconded by Story. All members voted aye. Motion carried. Johnson asked all in favor of the motion. All members voted aye. Motion carried. Quinn made a motion for the claim to the Internal Revenue Service totaling $33,425.10 to be paid immediately. The motion was seconded by Story. Story called for the question. All members voted aye. Motion carried. ORDINANCE D-750/ ESTABLISHMENT OF CITIZENS ADVISORY COMMITTEE: Kendall made a motion to introduce Ordinance D-750. The motion was seconded by Quinn. Discussion followed concerning the ordinance. Johnson suggested Kendall, Potasnik, Jones and whoever may want modifications to the ordinance, review and make the necessary changes before the next meeting. Due to an error in procedure the RATIFICATION OF ORDINANCE D-748: at the previous meeting the Council chose to ratify this ordinance according to procedure. Quinn made the motion to ratify Ordinance D-748. The motion was seconded by Kendall. All members voted aye. Motion carried. Council members considered setting up a special OTHER BUSINESS: meeting with the public and cellular telephone companies concerning the ordinance passed at the January 6, 1992 meeting. Quinn stated only the Mayor could pass a special meeting of the Council. Story asked the Council to complete the informal ANNOUNCEMENTS: poll he distributed concerning the Civic Square Centre Building. There being no further business before the Council or ADJOURNMENT: requests from the public to speak the meeting was duly adjourned. 6 Respectfully submitted, _________________________________ Susan W. Jones, Clerk-Treasurer CITY COUNCIL MEETING MINUTES - JANUARY 20, 1992 Approved, __________________________________ T. E. Johnson, Presiding Officer ATTEST: ______________________________________ Susan W. Jones, Clerk-Treasurer __________________________________ T E. Johnson, Mayor ATTEST: ______________________________________ Susan W. Jones, Clerk-Treasurer 7 8