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HomeMy WebLinkAboutCCM-05-02-94CARMEL CITY COUNCIL MEETING MINUTES MAY 2, 1994 7:00 P.M. CAR MEL CITY HALL/ONE CIVIC SQUARE/COUNCIL CHAMBERS The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Council members in attendance were Frank Fleming, Thomas Kendall, Alan Potasnik, James Quinn, Christopher Painchaud, Tim Story and Luci Snyder. Clerk-Treasurer Susan W. Jones and City Attorney Gordon Byers were also in attendance. The invocation was given by Council Quinn followed by the pledge of allegiance. Councilor Quinn made a motion, CHANGES IN ORDER OF AGENDA: seconded by Councilor Kendall to move agenda item 11h. to 8e., 11i. to 8f. and 11a. to 8g. All members voted aye. Motion carried. Councilor Snyder moved to approve the minutes of the MINUTES: previous meeting. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Dick Frost said he CITIZENS WHO WISH TO ADDRESS THE COUNCIL: wanted to talk to the Council about saving taxpayers money through the Mayor, City Council and Clerk-Treasurer but he needed more than his allotted 5 minutes to make his presentation. The Mayor suggested to Mr. Frost to make a tape and have it played on Channel 54. Mr. Frost said he would do that. Council Kendall made a motion to approve the following CLAIMS: claims: Claims dated 4/22/94 in the amou nt of $7,000,000.00 Claims dated 4/20/94 in the amount of $ 1,748.93 Claims dated 4/20/94 in the amount of $ 472,733.15 Claims dated 4/15/94 in the amount of $ 234,552.82 Claims dated 4/13/94 in the amount of $ 375,499.69 The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. RESOLUTION CC-5-2-94-6/CARMEL ECONOMIC DEVELOPMENT COMMISSION/DONATION OF $5,250 TO BABE RUTH WORLD BANQUET OF Councilor Quinn made a motion to adopt Resolution CHAMPIONS: CC-5-2-94-6. The motion was seconded by Councilor Painchaud. Alan Burns, a member of the Carmel Economic Development Commission, spoke in favor of the resolution supporting the Babe Ruth World Series that would be held in Carmel in August. All members voted aye on the Resolution. The Resolution passed unanimously. Council APPOINTMENT TO CARMEL ECONOMIC DEVELOPMENT COMMISSION: Snyder made a motion to re-appoint Charles Koehler as the Council's appointment to the Carmel Economic Development Commission. All members voted aye. Motion carried. RESOLUTION CC-5-2-94-7/APPROVAL FOR THE CARMEL/CLAY BOARD OF PARKS AND RECREATION TO EXPEND FUNDS FROM THE SPECIAL NON-REVERTING Councilor CAPITAL FUND FOR THE DEVELOPMENT OF CAREY GROVE PARK: Story moved to resolve that the Carmel/Clay Board of Parks and Recreation be allowed to spend the dollars that have been accumulated. After a brief discussion, Councilor Painchaud moved to resolve, in nature to support a resolution. Councilor Snyder seconded that motion. Later the motion and the second was withdrawn. Matt Dickey, Parks Director, said this was the first time a request has been made and they were merely looking for some direction on how to get this money spent. Councilor Quinn directed Mr. Dickey to the clerk. Clerk-Treasurer Jones said the money was on deposit with the township and the ordinance merely states that the Park needs permission but the vehicle to get that permission is not stated. Quinn said he thought the process was unnecessary and all they had to do was submit a claim. Jones stated the claims would be done through the township and not the Council. After more discussion, Dickey presented a formal resolution, which stated the Council's specific support. Councilor Story moved to introduce and adopt this Resolution CC-5- 2-94-7. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. RESOLUTION CC-5-2-94-1/COOL CREEK ASSOCIATES, LTD/ISSUING REVENUE Alan BONDS FOR THE FINANCING OF AN ECONOMIC DEVELOPMENT FACILITY: Burns presented this resolution to the Council and asked for their support. Burns outlined the request by saying this was a re-issue of revenue bonds. Councilor Quinn moved to adopt Resolution CC-5-2-94-1. The motion was seconded by Councilor Snyder. All members voted aye. Motion carried. Councilor Quinn made a CHANGE IN ORDER OF AGENDA AND ADD-ON ITEMS: motion to move item 11f. up to 8h. and to add item D-1081 to the agenda. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. RESOLUTION CC-5-2-94-4/TRANSFER OF FUNDS/CARMEL CLAY COMMUNICATIONS Councilor Kendall made a motion to approve the transfer of CENTER: funds in the amount of $25,000 from #100 into #632 for the purchase of new computer equipment. The motion was seconded by Councilor Potasnik. After considerable discussion, Mayor Johnson called for the vote. All members voted aye. Resolution CC-5-2-94-4 passed unanimously. Councilor Potasnik moved SECOND READING/C-172/TYNER ANNEXATION: for the immediate approval of Ordinance C-172. The motion was seconded by Councilor Painchaud. Mayor Johnson called for the question. All members voted aye. Ordinance C-172 passed unanimously. SECOND READING/ORDINANCE D-1068/ADDITIONAL APPROPRIATION/$73,324/GENERAL FUND/HIRING OF TWO NEW POLICE Councilor Story moved for the OFFICERS AND THEIR EQUIPMENT: immediate adoption of D-1068. The motion was seconded by Councilor Snyder. After a discussion was held the Mayor called for the question. Councilors Potasnik and Quinn voted nay. All other members voted aye. Ordinance D-1068 passed by a majority vote. Gordon Byers asked for the ORDINANCE D-2000/STREET TREE ORDINANCE: Council to delay action on this ordinance. Byers said there were some problems with the ordinance as it related to utilities and their needs to keep plantings out of the right-of-way and easements. After much discussion Councilor Quinn moved for the immediate adoption of Ordinance D-2000. The motion was seconded by Councilor Story. Councilor Story then called for the question. All members voted nay and Ordinance D-2000 failed by a majority vote. ORDINANCE S-57/AN ORDINANCE AMENDING INTERCEPTOR AND TRUNK SEWER Councilor Painchaud moved for the immediate adoption CONNECTIONS: of Ordinance S-57. The motion was seconded by Councilor Kendall. Mayor Johnson called for the vote. All members, except Councilor Snyder, voted aye. (Councilor Snyder left the room and was not present for the vote.) ORDINANCE A-75/AN ORDINANCE CREATING THE TRANSFER OF CONNECTION Councilor FEES AND SHUT-OFF OF WATER FOR NON-PAYMENT OF BILL: Quinn moved to adopt Ordinance A-75. The motion was seconded by Councilor Potasnik. Rick Brandau, a Carmel Utility employee, outlined the ordinance to the Council and stated there would be no more meter deposits but rather a service charge of $20 will be charged to new customers. The ordinance also called for a shut-off of water if a customer's water bill has not been paid in full at their original location. Councilor Quinn said the ordinance lacked due process and called for an amendment to the ordinance striking section (b). The motion was seconded by Councilor Kendall. Councilors Story, Painchaud, Kendall and Quinn voted for the motion. Councilor's Fleming, Snyder and Potasnik voted nay. The amendment passed by a majority vote. Councilor Story called for the question on the ordinance as amended. All members voted aye. Ordinance A-75, as amended, passed by a unanimous vote. ORDINANCE S-59/AN ORDINANCE CONCERNING RETURNED CHECKS AND Councilor Potasnik DISCONNECTION FOR NONPAYMENT OF UTILITY BILLS: moved to approve Ordinance S-59. The motion was seconded by Councilor Snyder. Councilor Potasnik stated he was not in favor of this ordinance. Potasnik said that section (c) was too ambiguous. He said the term "history" was not defined and it was all a matter of interpretation. Rick Brandau stated Section (c) was the only part of the ordinance that was different from now existed. Mayor Johnson called for the question. All members vote nay. Ordinance S-59 was defeated by a unanimous vote. ORDINANCE A-77/AN ORDINANCE CONCERNING INDIVIDUAL WATER Councilor Kendall moved to approve Ordinance A-77. CONNECTIONS: The motion was seconded by Councilor Potasnik. Mayor Johnson called for the question. All members voted aye. Ordinance A-77 passed unanimously. ORDINANCE A-76/AN ORDINANCE ESTABLISHING RIGHTS AND RESPONSIBILITIES OF THE CITY OF CARMEL WITH RESPECT TO ITS Councilor Quinn moved ACTIVITIES AND EASEMENTS AND RIGHTS-OF-WAY: to adopt Ordinance A-76. The motion was seconded by Councilor Story. Mayor Johnson called for the question. All members voted aye. Ordinance A-76 passed unanimously. ORDINANCE D-1070/VEHICLE IDENTIFICATION INSPECTION NON-REVERTING Councilor Quinn moved to adopt Ordinance D-1070. The motion FUND: was seconded by Councilor Snyder. Councilor Potasnik stated he was not in favor of this ordinance. Potasnik said he didn't think it was good thing to say welcome to Carmel and then charge new residents $5 for a vehicle inspection. Councilor Kendall said the problem was with the car dealerships that get a new batch of cars and the police often spend several hours checking vehicle identification numbers. Councilor Potasnik and Councilor Quinn said they would favor an ordinance that deals with a fee charged to commercial car dealers but were not in favor of charging residents. Councilor Potasnik moved to post-pone this Ordinance. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. ORDINANCE D-1071/AN ORDINANCE ALLOWING ADVANCE PAYMENTS FOR CERTAIN Councilor Kendall moved to adopt Ordinance D- TRAVEL EXPENSES: 1071. The motion was seconded by Councilor Snyder. Councilor Painchaud called for the question. All members voted aye. Ordinance D-1071 passed unanimously. Councilor Story DISCUSSION OF 1994 FIRE PROTECTION CONTRACT: stated the proposed 1994 contract needs a settlement date. The clerk-treasurer said she saw no difference in this contract over the last contract and is just as hard to interpret. Councilor Quinn said he doesn't understand why the township is writing the City's contract when we provide the service. Gordon Byers said he would talk to the township and to the Board of Public Works about concerns of the City Council. Councilor Story and Councilor Quinn both asked the Board of Public Works to take under advisement the fact that this contract does not include a specific date for a settlement. PUBLIC HEARING AND FIRST READING/ORDINANCE C-173/ANNEXATION OF Councilor Painchaud made a motion to SHOEMAKER REAL ESTATE: introduce Ordinance C-173. The motion was seconded by Councilor Story. James Nelson, attorney for the petitioner, outlined the annexation. Mayor Johnson opened the meeting to the public calling for comments, questions and/or objections. Hearing none, the Mayor closed the hearing. Councilor Quinn made a motion to suspend the rules and act on Ordinance C-173 tonight. 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-173 passed unanimously. PUBLIC HEARING AND FIRST READING/ORDINANCE C-174/ANNEXATION OF A Councilor Potasnik SMALL PORTION OF WILLIAMSON RUN SUBDIVISION: made a motion to introduce Ordinance C-174. The motion was seconded by Councilor Painchaud. James Nelson, attorney for the petitioner, outlined the annexation. Nelson stated this annexation was only a partial of ground on the lots that backed up to the lake. He stated that after the plats were done, the lot sizes were increased. A portion of the backyards were in Carmel and the other portion was in Clay Township. Mayor Johnson opened the meeting to the public calling for comments, questions and/or objections. Hearing none, the Mayor closed the hearing. Councilor Quinn made a motion to suspend the rules and act on Ordinance C-174 tonight. The motion was seconded by Councilor Fleming. All members voted aye. Mayor Johnson called for the question. All members voted aye. Ordinance C-174 passed unanimously. FIRST READING/ORDINANCE D-1079/SPECIFIC LOCATION OF STOP AND YIELD Councilor INTERSECTION OF CAREY ROAD AND HAWTHORN DRIVE WEST: Quinn moved to introduce Ordinance D-1079. The motion was seconded by Councilor Kendall. Ordinance D-1079 will be on the next agenda for a second reading. FIRST READING/ORDINANCE D-1080/AN ORDINANCE REGULATING THE PLANTING OF TREES AND LANDSCAPING THE INTERSECTION OF 116TH AND GRAY ROAD THROUGH PRIVATE DONATIONS AND A GRANT MONIES FROM THE DNR: Councilor Quinn moved to introduce Ordinance D-1080. The motion was seconded by Councilor Kendall. Mayor Johnson stated this ordinance exempted the City from its own ordinance that regulates the planting of trees and shrubs in the City's right-of-way. Johnson said this was a specific project and was being funded by private donations and a grant from the DNR. Councilor Potasnik moved to suspend the rules and act on Ordinance D-1080 tonight. The motion was seconded by Councilor Story. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance D-1080 passed unanimously. RESOLUTION CC-5-2-94-2/CALLING FOR ACTION ON THE PART OF THE HAMILTON COUNTY COUNCIL TO IMPOSE A DOG TAX IN ORDER TO SUPPORT THE Councilor Snyder read Resolution HAMILTON COUNTY HUMANE SOCIETY: CC-5-2-94-2. Councilor Potasnik moved to amend the resolution to read as follows: Change Paragraph 5 to read: WHEREAS under I.C. 15-5-9-8(d) a county legislative body may designate by ordinance one (1) humane society located in that county to receive fifty cents ($0.50) from each dog tax payment collected under this chapter. Change paragraph 6 to read: NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Carmel, requests the Hamilton County Council to duly enact an ordinance, as prescribed by I.C. 15-5-9-8 (d) to designate a humane society and to allow said society to be the...etc. Add as the first FURTHER: FURTHER, it is the desire that the Hamilton County Humane Society be the designated humane society. Insert before "Adopted this": We call upon all cities and towns within Hamilton County to support this effort. Councilor Quinn seconded the motion. Councilor Painchaud then made a motion to adopt the Resolution and to incorporate Councilor Potasnik's amendments. The motion was seconded by Councilor Story. Councilor Story then made a motion to further amend the resolution by striking paragraphs 2, 3 and 8. Councilor Story said paragraph 2, as written, offered no evidence of where the money comes from, that he did not believe paragraph 3 to be true and that paragraph 8 was not what this was about and did not believe it applied. Councilor Kendall seconded the motion to amend but offered another amendment to the amendments. Kendall motioned to strike the words "and tax" in paragraph 2 and add the word "dog" between the words "providing" and "tax" in paragraph 3. After a discussion, Councilor Story withdrew his motion to amend but Councilor Kendall's amendments remained. All members voted aye on the amendments. Councilor Story called for the question. All members voted aye. Resolution CC-5-2-94-2 passed unanimously. Councilor Snyder stated she would re-type the resolution, obtain the necessary signatures and pass it on to other cities and towns in Hamilton County. RESOLUTION CC-5-2-94-3/TRANSFER OF FUNDS IN THE MVH FUND/STREET Councilor Painchaud called for the immediate adoption DEPARTMENT: of Resolution CC-5-2-94-3. The motion was seconded by Councilor Story. All members voted aye. Motion carried. The resolution called for a transfer of $3000 from the #480 to #490. RESOLUTION CC-5-2-94-5/TRANSFER OF FUNDS IN THE GENERAL FUND/COURT: Councilor Story called for the immediate adoption of Resolution CC-5-2-94-5. The motion was seconded by Councilor Painchaud. All members voted aye. Motion carried. The resolution called for a transfer of $450 from #419 into #640. ORDINANCE D-1081/AN ORDINANCE RE-CODIFYING THE NEW SUPPLEMENT TO Councilor Quinn moved to introduce Ordinance D- THE CITY CODE: 1081. The motion was seconded by Councilor Painchaud. Councilor Painchaud moved to suspend the rules and act on Ordinance D-1081 tonight. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. Mayor Johnson called for the question. All members voted aye. Ordinance D-1081 passed unanimously. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ________________________________ Approved, _________________________________ ATTEST: ______________________________________