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Home My WebLink AboutCCM-12-04-95CARMEL CITY COUNCIL DECEMBER 4, 1995 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE The meeting of the Carmel City Council was brought to order by Mayor Ted Johnson. Members in attendance were Frank Fleming, Jim Quinn, Alan Potasnik, Tom Kendall, Luci Snyder and Tim Story. City Attorney Gordon Byers and Deputy Clerk-Treasurer Anne Hartman were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. AGENDA AMENDMENT: Councilor Quinn moved to amend the agenda by moving item 11b to item 8a and to add on Resolution CC12-04-95-06 as item 11d. Councilor Story seconded the motion. All members voted aye. Motion passed. RECOGNITION OF OUTSTANDING CITIZENS AND EMPLOYEES: Mayor Johnson recognized Employee of the Month, Mindy Holliday, from the Engineering Department. APPROVAL OF MINUTES: Councilor Story moved to approve the minutes of November 20, 1995. Councilor Fleming seconded the motion. Councilor Potasnik moved to amend the minutes by striking "taking office" and inserting "in 1995" page three (3) paragraph eight (8). Councilor Kendall moved to further amend the minutes by striking "his" and inserting "state" page three (3), paragraph three (3). Minutes were approved as amended by unanimous consent. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Johnson recognized Richard Frost, resident at 507 Stonehedge Drive, who again addressed the issue of the "Clerk-Treasurer owing no one an apology", and requested his presentation become part of the minutes. (See presentation attached to original minutes.) CLAIM APPROVAL: Councilor Kendall moved to approve the following claims. Councilor Snyder seconded the motion. 11/15/95 $1,203,147.97 11/21/95 435,038.93 Councilor Kendall moved to amend the claim docket of November 15th by changing on page five (5) Express Graphics to reflect the Fire Department's budget, not the Police Budget. Mayor Johnson called for the question on the amendment. All members voted aye. Motion passed. Mayor Johnson called for the question on the claims. All members voted aye. Motion passed. RESOLUTIONS CC12-04-95-02 THROUGH CC12-04-95-05/TRANSFERS WITHIN 1995 POLICE DEPARTMENT BUDGET: Councilor Quinn moved to approve Resolutions CC12-04- 95-02 through CC12-04-95-05, transfers within the Police Department's 1995 budget as follows. Councilor Kendall seconded the motion. CC12-04-95-02 $2,957 from a/c #100 to 632-01 CC12-04-95-03 6,490 from a/c #100 to 510 CC12-04-95-04 5,700 from a/c #430-02 to 57 0-03 CC12-04-95-05 1,500 from a/c #100 to 302 Mayor Johnson called for the question. All members voted aye. Motion passed. AMENDMENT TO FRANCHISE AGREEMENT/RESOLUTION CC11-20-95-01 - ADOPTING AMENDMENT TO FRANCHISE AGREEMENT/RESOLUTION CC11-20-95-2 - PROVIDES FOR TRANSFER OF FRANCHISE: Councilor Quinn moved to approve Resolution CC11-20-95-01. Councilor Snyder seconded the motion. Councilor Quinn read from a statement Councilor Painchaud had sent, urging Council to look into other options to transfer the cable franchise to, or approve this request until a better standard could be met, rather than Time Warner, as they have a horrible customer service record; Time Warner labels are carried on gangster rap recordings; and, they are on the top of the Republican congressional hit list for smut. City Attorney Gordon Byers explained the sequence of agreements and resolutions before Council and stated the Amendment, to the Franchise Agreement dated December 7, 1987, to be approved tonight, inserts the language left out from the 1980 agreement, ensuring one full-time access channel to be provided free of charge for Carmel/Clay schools; Resolution CC11-10-95-01 adopts the amendment; and, Resolution CC11-20-95-02 provides for the non-exclusive transfer of the cable TV franchise to Time Warner Entertainment Advance/Newhouse partnership. Mayor Johnson called for the question on the Amendment and Resolution CC11-20-95-01. All members voted aye. Amendment and Resolution adopting amendment passed. Councilor Quinn moved for the adoption of CC11-20-95-02, Transfer of Cable TV Franchise. Councilor Kendall seconded the motion. Councilor Quinn questioned Gordon Byers what would happen if Council did not consent to the transfer. Gordon Byers responded it would be a breach of contract and the City could be sued. 2 Councilor Kendall stated all this resolution does is transfer the right to bury cable in the city right-of- way and pay the city a fee for doing so; since this a non-exclusive contract there is no monopoly; and, Council has allowed other companies to come in and install fiber optic cable without considering the product they will be delivering and without a fee payable to the city. Mayor Johnson called for the question. All members voted aye. Resolution passed. SECOND READING ORDINANCE D-1188/ESTABLISH 4-WAY STOP HUMMINGBIRD CIRCLE AND DOVE DRIVE: Councilor Quinn moved to approve Ordinance D-1188, establishing a 4-way stop at Hummingbird Circle and Dove Drive. Councilor Kendall seconded the motion. Councilor explained the need for the ordinance for safety reasons as a school bus has to back out of a dead-end street onto a street that does not have a stop. Mayor Johnson called for the question. All members voted aye. Ordinance passed. RESOLUTION CC12-04-95-01/TRANSFER OF FUNDS WITHIN 1995 COURT BUDGET: Councilor Quinn moved to approve Resolution CC12-04-95-01, transfer of funds within the 1995 Court budget as follows. Councilor Story seconded the motion. $ 800 from a/c 419.99 to 302 500 from a/c 430.02 to 302 1,200 from a/c 640 to 302 Mayor Johnson called for the question. All members voted aye. Resolution passed. FIRST READING ORDINANCE D-1190/ESTABLISH LAW ENFORCEMENT AID VI FUND #910: Councilor Quinn moved to approve Ordinance D-1190, establishment of Law Enforcement Aid VI Fund #910, to receive grant monies in 1996. Councilor Kendall seconded the motion. Councilor Quinn moved to suspend the rules and act on Ordinance D-1190 tonight. Councilor Kendall seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members voted aye. Motion passed. RESOLUTION CC12-04-95-06/TRANSFER OF FUNDS WITHIN 1995 COMMUNICATIONS CENTER BUDGET: Councilor Story moved to approve Resolution CC12-04-95-06, transfer of $2,000 within the Communications Center Budget from account #670-99 to #501. Councilor Quinn seconded the motion. 3 Mayor Johnson called for the question. All members voted aye. Resolution passed. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ____________________________________ Approved, ____________________________________ Attest: ______________________________ 4