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HomeMy WebLinkAboutCCM-12-06-93CARMEL CITY COUNCIL MEETING MINUTES DECEMBER 6, 1993 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 Alan Potasnik, Frank Fleming, James Quinn, Luci Snyder, Tim Story, Thomas Kendall and Christopher Painchaud were in attendance. Also in attendance was Clerk- Treasurer Susan W. Jones and City Attorney Gordon Byers. The invocation was given by Council James Quinn followed by the Pledge of Allegiance. Councilor Painchaud made APPROVAL OF MINUTES OF NOVEMBER 15, 1993: a motion to approve the minutes of November 15, 1993. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. Seymour Hoffman CITIZENS WHO WISH TO ADDRESS THE COUNCIL: addressed the Council for a final time and requested a reimbursement of his water and sewer connection fees. The Mayor gave a presentation of the history of the Hoffman connection to the utilities stating that the Kavanaugh's were granted a waiver as consideration for an easement. After much discussion and formal presentation of the Mayor, it was the consensus of the Council to not reimburse Mr. Hoffman his connect charges. Discussion ensued concerning the authority of the Mayor the waive connection fees. Councilor Kendall made a motion to approve the following CLAIMS: claims: Claims dated: 11/2/93 in the amount of $228,531.52 Claims dated: 11/23/93 in the amount of $355,775.23 Claims dated: 11/23/93 in the amount of $ 105.31 Claims dated: 11/17/93 in the amount of $966,940.75 Claims dated: 11/30/93 in the amount of $374,064.31 The motion was seconded by Councilor Quinn. Councilor Potasnik voted nay and all other members voted aye. Motion carried. Councilor Kendall questioned the use of line items in the Gaylor Electric bill because part of the work was done on the new gazebo. Councilor Kendall made a motion to change the line item from #500 BPW/Equipment Repair and Maintenance in the amount of $1,760.74 to Cumulative Capital Improvement Fund where the other charges for the gazebo had been posted. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Councilor Quinn stated he would have the FINANCE COMMITTEE REPORT: report for the next Council meeting. After much discussion on the benefits of live feed on cable television of the city's meetings, Councilor Kendall made a motion to allow the Mayor to sign an agreement with Jones Intercable for the purchase of the equipment and to encumber the funds from 1993 into 1994 if possible. The motion was seconded by Councilor Quinn. All members voted aye. The Mayor submitted a budget estimate for equipment of $7,679.10. THIRD READING/ORDINANCE D-1030/ESTABLISHING A THREE-WAY STOP INTERSECTION AT BRIARWOOD TRACE AND HAZELWOOD DRIVE IN FOSTER Councilor Quinn made a motion to approve Ordinance D-1030. GROVE: The motion was seconded by Councilor Story. Councilor Fleming stated the Council, at their last meeting, asked Mrs. Hill to bring back a petition in favor of the STOP intersection. Councilor Quinn and Kendall both stated Mrs. Hill was reluctant to do that. Councilor Quinn moved to amend the first paragraph of D-1030 to read "a" resident rather than "the" and to substitute the word "petitioned" to "requested". The motion was seconded by Councilor Kendall. Councilors Snyder, Potasnik, Fleming and Story all voted nay. The motion was defeated. Mayor Johnson called for the question. Councilors Fleming, Potasnik, Snyder and Story all voted nay. Ordinance D-1030 was defeated by a majority vote. SECOND READING/ORDINANCES D-1034, D-1035 AND D-1036-REGULATING Councilor Quinn DOOR-TO-DOOR, TAXI CABS AND LICENSES AND FEES: moved to approve Ordinances D-1034, D-1035 and D-1036. The motion was seconded by Councilor Kendall. All members voted aye. Mayor Johnson called for the question. All members voted aye. Ordinances D-1034, D-1035 and D-1036 were unanimously approved. SECOND READING/ORDINANCE S-56/ESTABLISHING A 1994 BUDGET FOR SEWER UTILITY and ORDINANCE A-74 ESTABLISHING A 1994 BUDGET FOR WATER Councilor Quinn moved to approved Ordinances S-56 and A- UTILITY: 74. The motion was seconded by Councilor Painchaud. All members voted aye. Mayor Johnson called for the question. All members voted aye. Ordinances S-56 and Z-74 were unanimously approved. SECOND READING/ORDINANCE D-1037/ESTABLISHING A POSITION OF DEPUTY Councilor Potasnik made a motion to postpone action on this MAYOR: ordinance until the Mayor provides a clean copy. The motion was seconded by Councilor Quinn. All members voted aye. PUBLIC HEARING AND SECOND READING/ORDINANCE D-1033/ESTABLISHING A BI-WEEKLY SALARY OF $1,923.08 FOR THE POSITION OF CITY JUDGE: Councilor Quinn made a motion to approve Ordinance D-1033. The motion was seconded by Councilor Story. All members voted aye. Mayor Johnson opened the meeting to a public hearing calling for anyone who had questions or comments to come forward. Hearing and seeing none, the hearing was closed. Mayor Johnson called for the question. Councilor Potasnik voted nay and all other members voted aye. Ordinance D-1033 passed with a majority vote. PUBLIC HEARING AND FIRST READING/ORDINANCE C-170/ANNEXATION OF 163 Councilor Painchaud made a ACRES OF DEPAUW UNIVERSITY REAL ESTATE: motion to introduce Ordinance C-170 and suspend with the reading of the same. The motion was seconded by Councilor Quinn. James Nelson, attorney for the petitioner gave a brief presentation outlining the annexation request. Mr. Nelson stated the 163 acre property, located east of Springmill Road between 136th Street on the North and 131st Street on the South, would be served by the Indianapolis Water Company and the Clay Township Regional Waste District and this was a voluntary annexation done at the request of the Plan Commission. The Mayor then opened the meeting to the public for a hearing. The Mayor called for any comments, questions and/or objections on the annexation. Hearing and seeing none the Mayor closed the hearing. Councilor Quinn moved to suspend the rules and act on Ordinance C- 170 this evening. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance C-170 passed unanimously. PUBLIC HEARING AND SECOND READING/ORDINANCE Z-289/RECODIFICATION OF Gordon Byers stated for the record that the ZONING ORDINANCES: public hearing had been advertised for this particular Ordinance and that proof of publication had been submitted to the Clerk- Treasurer. Councilor Quinn moved to introduce Ordinance Z-289 and suspend the rules for reading of the same. The motion was seconded by Councilor Kendall. Mayor Johnson opened the meeting to a public hearing. Hearing and seeing no one who wished to address the Council, the Mayor closed the public hearing. Councilor Potasnik made a motion to suspend the rules and act on Z- 289 this evening. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance Z-289 passed unanimously. A conflict of CONFLICT OF INTEREST STATEMENT/JOHN V. SCHNEIDER: interest statement was acknowledged by the City Council for John Schneider who serves as the Mayor's appointment on the Clay Township Regional Waste Board. Gordon Byers said he would make sure the conflict was filed with all the proper agencies. Councilor Snyder discussed the ANIMAL CONTROL/CITY OF CARMEL: issue of contributing to the Hamilton County Humane Society. Councilor Painchaud stated that because there was no resolution or ordinance on the table, discussion of the subject would be limited. Councilor Snyder stated that the City now pays a vet in Carmel $250 to $600 a year to take in approximately 20 to 30 animals the police pick-up. Snyder also stated that persons living in Hamilton County were not allowed to use the Humane Society in Marion County. Councilor Snyder felt that some tax dollars should be contributed to this worthy organization. Councilor Kendall stated that $10,000 was paid from tax dollars by the County to the Humane Society and since residents of Carmel make up nearly 50% of the County population, they have already paid and to use City tax dollars would be a double hit. Kendall also stated that he and Quinn both talked with the Humane Society in Marion County and no tax dollars are used to support their organization and residents of Carmel can, in fact, use the Marion County facility. After much discussion, Councilor Snyder stated she would return at the next Council meeting with a resolution asking for funds from the Council's budget to be donated to the humane society. FIRST READING/ORDINANCE D-1040/ESTABLISHMENT OF CITY'S SELF- Councilor Quinn made a motion to introduce INSURANCE HEALTH PLAN: Ordinance D-1040 and suspend the rules for reading of the same. The motion was seconded by Councilor Story. Councilor Quinn said unless further explanation could be provided, he was not going to vote for this ordinance. Councilor Story made a TRANSFER OF FUNDS/CLERK-TREASURER'S OFFICE: motion to approve a transfer of $5000 from #100 (Full-time Salary) into #630 (Furniture and Fixtures and a transfer of $1800 from #300 (Official Forms) as follows: $1,000 into #515-01 (Maintenance Contracts) $ 800 into #440 (Telephone) The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. CLAIM FROM CLAY TOWNSHIP FOR $191,276 FOR PAYMENT OF CREDITS FROM Councilor Quinn PLANNING AND ZONING CONTRACTS 1986 THROUGH 1990: made a motion to have the city's fiscal consultant, Katz, Sapper and Miller to review the claim submitted by the township and to postpone action on this matter until an opinion could be rendered. The motion was seconded by Councilor Painchaud. Councilors Potasnik and Fleming vote nay. (Councilor Snyder was outside of the room when the vote was taken.) Councilors Kendall, Story, Painchaud and Quinn voted aye. Motion carried. Councilor Quinn stated he thought is was absurd that the township was submitting a claim after 8 years and wondered why the township doesn't go all the way back to 1953. Quinn also said he thought it was total neglect of duty on the part of the township trustee to wait so long to claim a credit that may or may not be due the residents of Clay Township. Councilor Quinn felt it was ridiculous to spend tax dollars on a fiscal consultant to determine if tax dollars are owed from one government entity to another but also understood the need to resolve this issue and move forward. Councilor Story made a TRANSFER OF FUNDS/CARMEL POLICE DEPARTMENT: motion, seconded by Councilor Quinn to approve the following transfers within the Carmel Police Department. All members voted aye. Motion carried. $7,900 from #314 Gasoline into 631 Communications Equipment $1,000 from #314 Gasoline into 640 Office Equipment $1,900 from #314 Gasoline into 560-02 Uniform Accessories $5,000 from #314 Gasoline into 670-03 Firearms $15,000 from #440 Telephone Line Charges into 670-03 Firearms $3,000 from 480 Electricity into 350 Building Materials $1,000 from 480 Electricity into 485 Water & Sewer $350 from 480 Electricity into 506 Contracted Cleaning $4,750 from 511 Car Cleaning into 390-99 Miscellaneous Mayor Johnson stated that in 1993 there was a OTHER BUSINESS: change in the law that would grant preferences to Indiana businesses and wondered if the Council would like to see legislation drafted on a local level. The Council felt it was a good idea and asked the City attorney to see if that could also be directed to local businesses within the City limits of Carmel under Home Rule. Mayor Johnson also stated the Council has an appointment to the Hamilton County Economic Commission that needs to be filled. It was the consensus of the council that Charles Koehler would be a good appointment and asked Councilor Snyder if she would contact him and find out if he would be interested in serving. Mayor Johnson asked for permission to send CSX the original copy of the appraisals. Councilor Painchaud stated yes without objections from the Council. Councilor Potasnik asked for a correction in the editorial that appeared in the Noblesville Ledger concerning the new Kroger Store. Potasnik said the editorial attributed the approval of the new Kroger Store to the Council. Potasnik wanted the record to show that the Council only approved an automatic traffic signal and had absolutely nothing to do with the approval process. Councilor Story also stated that the Council really had no choice in approving the traffic signal because of the traffic counts and actually only approved the idea of Kroger paying for said signals. Councilor Kendall stated he wanted a special meeting for the presentation of the Polis Study sometime in January. The clerk stated that her office did not receive a copy. Councilor Quinn asked the Mayor if he would call the people that did the study and request at least 2 copies for the clerk's office. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, _________________________________ Susan W. Jones, Clerk-Treasurer APPROVED: ________________________________ Presiding Officer ATTEST: _________________________________ Susan W. Jones, Clerk-Treasurer