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HomeMy WebLinkAboutCCM-04-18-94CARMEL CITY COUNCIL MEETING MINUTES APRIL 18, 1994 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/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, Alan Potasnik, James Quinn, Tom Kendall, Christopher Painchaud, Tim Story and Luci Snyder. Clerk-Treasurer Susan Jones and City Attorney Gordon Byers were also in attendance. After the invocation was given the Pledge of Allegiance was recited. Awards were presented to the Carmel High School Boys Swim Team and employees of the month were Dave Valentine, Kim Rott, Lana Johnson, Greg Gross and Bill Haymaker. Councilor Potasnik made a motion to approve the minutes MINUTES: of March 7, 1994, March 21, 1994 and April 11, 1994. The motion was seconded by Councilor Snyder. All members voted aye except Councilor Quinn abstained from voting on the minutes of April 11, 1994 since he was not in attendance. Richard RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Frost addressed the Council and voiced his opposition to the Japanese trade imbalance. Jack Beiman addressed the Council and voiced his concern over joggers running in the streets. Beiman asked for the Council to reconsider passing an ordinance that the Council had defeated. Dr. Steve Tegarden, Carmel Clay Schools spoke in favor of Ordinance D-1065 and said the school board would cooperate in getting the same type of approval from the County. Councilor Kendall made a motion to approve the claims dated CLAIMS: 4/11/94 in the amount of $48,169.67. The motion was seconded by Councilor Snyder. All members voted aye. The claims were approved. Judy Jacobs of the Park Board gave a brief COMMITTEE REPORTS: report on park activities and Councilor Kendall also gave a report on his trip to Japan. Kendall presented gifts from Carmel's sister city, Kawachinagano to the Mayor, to the President of the Council, and the Police and Fire Chief. Councilor Story made a motion to add Ordinance ADDITION TO AGENDA: S-60 to the Council's agenda. The motion was seconded by Councilor Snyder. Councilor Quinn voted nay. All other members voted aye. Motion passed. SECOND READING/ORDINANCE D-1062/ADDITIONAL APPROPRIATION CCS Councilor Snyder moved FUND/$10,000/STORM SEWER AND MAINTENANCE: to approve Ordinance D-1062. The motion was seconded by Councilor Potasnik. Mayor Johnson called for the question. Councilor Quinn voted nay. All other members voted aye. Ordinance D-1062 passed by a majority vote. SECOND READING/ORDINANCE D-1065/ESTABLISHING 25MPH IN SCHOOL ZONES: Councilor Potasnik made a motion to approve Ordinance D-1065. The motion was seconded by Councilor Story. Judge Bardach explained the proposed ordinance and said the ordinance would make all 11 school zone signage consistent and the 25 mph speed limit would be for all times during the day and night. James Phend, 799 Arrowwood Drive, Carmel and President of the Carmel Motorists Association spoke in opposition of the ordinance. Mr. Phend stated that no child has been hurt, injured for fatally injured in a school zone in 15 years and there hasn't been a fatal accident involving a child at any intersection in Carmel for the same length of time. Phend asked the Council to recognize the good and safe driving records of Carmel drivers. K.E. Valentine, 740-D Mohawk Hills Drive, Carmel also spoke in opposition to the ordinance. Valentine wanted signs to read "when children are present" and stated that government governs best that governs least. Councilor Painchaud stated he was in favor of the ordinance and did not wish to wait until a child was hurt or killed before the Council acted. Painchaud said he couldn't understand why people would be so selfish to not slow down a few mils per hour in order to insure the safe keeping of our children. Councilor Kendall, Story, Painchaud, Fleming and Quinn also spoke in favor of the ordinance. Councilor Potasnik spoke in opposition to the ordinance and stated this ordinance may just be a case of better definition for the courts and pleaded for the use of logic. Gordon Byers stated this ordinance would not go into effect until 30 days after publication. Byers also pointed out ambiguities in the current city code that calls for only a $25 fine for speed violations in a school zone. Judge Bardach said she did not put a fine in this ordinance because she wanted to use penalty limits set forth in section 8-91 of the current city code. Councilor Painchaud made a motion to amend Ordinance D-1065 that would call for passage 30 days after publication. The motion was seconded by Councilor Kendall. All members voted aye. Mayor Johnson called for the question. Councilor Potasnik voted nay. All other members voted aye. Ordinance D-1065 passed by a majority vote. SECOND READING/ORDINANCE D-1042/ESTABLISH FUND FOR CAPITAL Councilor IMPROVEMENTS FOR EMERGENCY AMBULANCE AND FIRE SERVICE: Potasnik moved to approve Ordinance D-1042. The motion was seconded by Councilor Quinn. Councilor Quinn stated that Section 3-25 of current city code states the form that should be used in drafting ordinances and current proposed ordinances are not following the city code. Gordon Byers said he would put the ordinance in proper form. Mayor Johnson called for the question. All members voted aye. Ordinance D-1042 passed unanimously. FIRST READING/PUBLIC HEARING/ANNEXATION ORDINANCE C-172/TYNER Philip Nicely, Attorney for the petitioner presented his PROPERTY: annexation to the Council. Councilor Quinn moved to introduce Ordinance C-172. The motion was seconded by Councilor Potasnik. The Mayor called for a public hearing. Hearing no comments, questions or objections he closed the public hearing. Councilor Quinn asked what would happen to the petitioner on utilities if the annexation did not go through. Mayor Johnson said the city would not be able to provide the utilities and the petitioner would have to look elsewhere. Gordon Byers stated there were many options for utilities should the annexation be defeated by the Council. Councilor Story moved to suspend the rules and act on the annexation tonight. The motion was seconded by Councilor Snyder. Councilor Quinn voted nay. The motion to suspend was defeated. Dave FIRST READING/PUBLIC HEARING/RE-ZONE/JACK'S TOOL RENTAL: Coots, Attorney for Jack's Tool Rental presented the re-zone to the City Council. Jack's Tool Rental was requesting a re-zone from R-1 to B-1. Councilor Story made a motion to introduce Z-291. The motion was seconded by Councilor Snyder. Mayor Johnson then opened the meeting to a public hearing on the re-zone. No one spoke to the re-zone. Mayor Johnson closed the hearing. Councilor Story made a motion to suspend the rules and act on Z-291 tonight. The motion was seconded by Councilor Snyder. All members voted aye. Ordinance Z-291 passed unanimously. FIRST READING/PUBLIC HEARING/ORDINANCE D-1066/ADDITIONAL APPROPRIATION/$7,800/CARMEL BUSINESS DISTRICT REVITALIZATION/BALL The Mayor removed this item from the agenda STATE UNIVERSITY FUND: stated there wasn't a need for a public hearing on this kind of a fund. FIRST READING/PUBLIC HEARING/ORDINANCE D-1067/ADDITIONAL APPROPRIATION/$50,000/CCI FUND/ENGINEERING FOR PEDESTRIAN BRIDGE AT KEYSTONE & CARMEL DRIVE/$50,000/CCD FUND/RIGHT-OF-WAY FOR Councilor Painchaud made a motion to introduce PEDESTRIAN BRIDGE: Ordinance D-1067. Ordinance D-1067 failed because there was no second. FIRST READING/PUBLIC HEARING/ORDINANCE D-1068/ADDITIONAL APPROPRIATION/$73,324/GENERAL FUND/HIRING OF TWO ADDITIONAL POLICE Councilor Kendall made a motion to introduce Ordinance OFFICERS: D-1068. The motion was seconded by Councilor Story. Mayor Johnson stated money to pay these officers was coming from monies returned at the end of 1993. Mayor Johnson opened the meeting to a public hearing. Hearing no objections or comments he closed the public hearing. Councilor Potasnik said he was not in favor of hiring new police officers and maintained it was too early to hire new officers because of the annexation when there wasn't a plan presented yet for the annexation. A second reading will be held at the next regularly scheduled meeting of the Council. FIRST READING/PUBLIC HEARING/ORDINANCE D-1069/ADDITIONAL APPROPRIATION/$8,000/GENERAL FUND/DONATION TO HAMILTON COUNTY Councilor Snyder moved to introduce Ordinance D- HUMANE SOCIETY: 1069. The motion was seconded by Councilor Painchaud. The Mayor opened the meeting to the public for a hearing. Dawn Janssen, 311 West Main, Carmel spoke in favor of the appropriation. Janssen said she was worried about stray animals and felt it was poor judgement to send our pets to Marion County. Janssen said she couldn't find one person who was not in favor of this proposal. John Schuler of Rolling Springs Drive also spoke in support of the ordinance. Richard Frost of Stonehedge spoke in opposition of the appropriation. Frost asked the Council to consider supporting the already existing state statute IC-15-5-9-8 which called for a dog tax to be collected by the township, deposited to the County and then given to the Humane Society. Frost also threatened a law suit against the Clerk-Treasurer. Frost said this donation was in reality a tax and it was illegal for the Council to set a tax without approval of the State Tax Commissioners. Frost said that if the Clerk-Treasurer issued a check he would file a suit in Superior Court and the Clerk could be held personally responsible for the $8,000 payment. Mayor Johnson then closed the hearing to the public. Councilor Potasnik asked Gordon Byers to check into IC-15-5-9-8 before the next meeting. Councilor Story made a motion to suspend the rules and act on Ordinance D-1069 tonight. The motion was seconded by Councilor Quinn. All members voted aye. Councilor Painchaud moved to approve D-1069. The motion was seconded by Councilor Quinn. Councilor Quinn said this was simply a matter of double taxation. Councilor Potasnik said it seemed clear there was already a mechanism to fund the Humane Society through IC-15-5-9-8 and the responsibility ends up with the township to collect the tax. Councilor Snyder said this appropriation was just a donation until such time as this organization can get its funding in place. Councilor Painchaud disagreed with Snyder and thought this money was not a donation but the Humane Society would provide a specific service and would hold a contract with the City much like it does right now with the City of Noblesville. Painchaud said if this was a contract then this payment would not constitute a double tax. Councilor Kendall said he has continued his poll in his district and over 95% of the residents were opposed to tax dollars going towards this philanthropic organization. Councilor Fleming didn't know the dog tax law was still viable and thought the County Council should look into this method of funding. Mayor Johnson called for the vote. Councilors Painchaud and Snyder voted aye. All other members voted nay. Ordinance D-1069 was defeated. WORLD SERIES COMMITTEE/CARMEL DAD'S CLUB/REQUEST FOR $5,250 FOR Wayne Wilson BABE RUTH WORLD SERIES BANQUET OF CHAMPIONS: requested funding in the amount of $5,250 for a banquet of champions. Mr. Wilson was directed to contact the Carmel Economic Development Commission and request funding from that source. Mayor Johnson said he would take care of getting in touch with the CEDC and would have a resolution to present at the next Council meeting in support of the request. Johnson stated that monies from the CEDC were not tax monies but did require approval of the Council. Councilor Quinn asked the Mayor to be sure notices of the Commission's meeting were done in accordance with the open door law. Councilor RESOLUTION 4-18-94-1/TRANSFER OF FUNDS/MAYOR'S BUDGET: Painchaud made a motion to approve Resolution 4-18-91-1 calling for a transfer of funds in the amount of $7,000 in the Mayor's budget from #110 to #404. All members voted aye. Motion passed. RESOLUTIONS 4-18-94-2,5 & 6/TRANSFER OF FUNDS/POLICE BUDGET: Councilor Story made a motion to approve Resolutions 4-18-94-2,5 & 6 calling for transfers in the Police Department's budget. $60 from #590 to #475 $7000 from #510 to #370 $4500 from #100 to #419-10 The motion was seconded by Councilor Snyder. All members voted aye. Motion passed. Councilor RESOLUTION 4-18-94-3/TRANSFER OF FUNDS/ENGINEERING: Story made a motion to approve Resolution 4-18-94-3 calling for a transfer of funds in the amount of $25,000 in the engineering budget from #401 to #509. The motion was seconded by Councilor Potasnik. All members voted aye. Motion passed. RESOLUTION 4-18-94-4/TRANSFER OF FUNDS/COMMUNICATIONS CENTER: Councilor Story made a motion to approve Resolution 4-18-94-4 calling for a transfer of funds in the Communications Center budget amount of $275 from #100 to #630 and $150 from #100 to #301. The motion was seconded by Councilor Snyder. All members voted aye. Motion passed. Mayor Johnson REQUEST TO ADVERTISE PROPOSED STREET TREE ORDINANCE: stated this item was not a request to advertise but rather was asking for a introduction and first reading. Councilor Quinn stated the ordinance was not in proper form and did not have an ordinance number and thought the Mayor was just looking for direction tonight. Quinn stated he did not like the proposed ordinance because it had no appeal process and creates a new level of bureaucracy. Quinn said the idea of tree police came to mind. Mayor Johnson said he did not wish to discuss the ordinance tonight but rather wanted the ordinance to go through the normal process and hold discussion at the second reading. Clerk-Treasurer Jones assigned a number of D-2000 to the ordinance and Councilor moved to introduce the ordinance. The motion was seconded by Councilor Snyder. Johnson stated hundreds of other cities had this type of ordinance and the ordinance only controlled public areas. The Mayor also stated he would get the ordinance in proper form before the next meeting. REQUEST TO ADVERTISE FOR $25,000 ADDITIONAL APPROPRIATION IN THE Councilor Quinn made a motion to CUMULATIVE CAPITAL SEWER FUND: advertise for an additional appropriation in the Cumulative Capital Sewer fund. The motion was seconded by Councilor Story. All members voted aye. Motion carried. FIRST READING/ORDINANCE S-57/INTERCEPTOR AND TRUNK SEWER Councilor Story moved to introduce FEES/AMENDING ORDINANCE S-41: Ordinance S-57. The motion was seconded by Councilor Kendall. Councilor Quinn asked for an amendment or new language in the ordinance that would allow the Board of Public Works to waive the fees. Quinn stated he was still not convinced the BPW had that authority and if they wanted such they should include it in the ordinance. The Mayor said he thought that was a good idea and would have Gordon structure language to that effect. Councilor FIRST READING ORDINANCE A-75/TRANSFER OF CONNECTION FEE: Painchaud made a motion to introduce Ordinance A-75. The motion was seconded by Councilor Snyder. FIRST READING ORDINANCE A-76/ESTABLISH RIGHTS AND RESPONSIBILITIES OF CITY WITH RESPECT TO ACTIVITIES AND EASEMENTS AND RIGHTS-OF-WAY: Councilor Story made a motion to introduce Ordinance A-76. The motion was seconded by Councilor Snyder. FIRST READING ORDINANCE S-59/RETURN CHECKS-DISCONNECTION FOR NON- Councilor Fleming moved to introduce Ordinance S-59. The PAYMENT: motion was seconded by Councilor Snyder. FIRST READING ORDINANCE D-1070/FEE FOR VEHICLE ID NUMBER INSPECTION Councilor Quinn and ORDINANCE D-1071/TRAVEL ADVANCE PAYMENTS: moved to introduce Ordinance D-1070. The motion was seconded by Councilor Kendall. Councilor Story thought the travel advance ordinance should be for all departments and not just the police. Gordon stated both ordinances had several changes and he would get them cleaned up before the next meeting. Councilor Quinn said the issue of making advance payments and not having a means to collect that money should an employee leave employment or not attend the meeting needed to be included in the ordinance. The Mayor objected. ORDINANCE A-77/INDIVIDUAL CONNECTIONS/EQUIVALENT USER CONTRIBUTION Councilor Story moved to introduce Ordinance MULTIPLES/WATER FUND: A-77. Councilor Quinn objected to this and stated the item was not added to the agenda properly. Quinn stated the item did not include a brief rationale, was not distributed to the press prior to the start of the meeting and did not receive a unanimous vote to suspend the rules. Gordon Byers said the addition, even though it did not include a brief rationale, it was added properly and did not require a unanimous vote. The chair ruled this item was added properly and that if the ordinance had to wait another 2 weeks that Councilor Quinn was costing the City a great deal of money. Councilor Kendall seconded the motion to introduce. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ____________________________________ Approved, _____________________________________ Attest: _____________________________________