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HomeMy WebLinkAboutCCM-10-19-81MINUTES OF THE CITY COUNCIL MEETING OCTOBER 19, 1981 The meeting of the City Council meeting was called to order by Mayor Reiman at 7:30 P.M. on October l9, 1981. Council members Walker, Garretson, McMullen, Kerr and Fleming were present. Al.so present was City Attorney, Mike Howard and Clerk-Treasurer. Mrs. McMullen made a motion to approve the minutes of the October 5, 1981 meeting. Motion seconded by Mr. Walker and passed unanimously. Old Business Public Hearing - Ordinance D-315 - Additional Appropriation for Building Commissioner Salary - Mrs. Kerr asked if the salary increase would remain the same for 1982 and there be no raise from the $24,000. Mayor Reiman stated it would remain the same. Mayor Reiman opened the meeting for a public hearing, there being no comment, the public hearing was closed. Vote was taken on Ordinance D-315 which passed unanimously. Transfer of Funds - Plan Commission - Mr. Garretson made a motion to table the matter since Mr. Johnson was not present. Motion seconded hy Mrs. Kerr and passed unanimously. New Business Interpretation of Rezone Request - E. Davis Coots appeared before the Council on behalf of his client, William Frye. Mr. Coots presented the Council with a history of the rezone and requested that since the matter had been refused by the Council for hearing due to the fact the make-up of the Plan Cbmmission was in dispute, that the Council consider the date of the court judgement, September 25, 1981, be the date the 90 days statute begin to run. Mrs. McMullen asked attorney Howard if this would be legal. Mr. Howard stated he felt the intent of the statute was to move the process along and since the delay was through no fault of the petitioner it would be permissable. Mrs. Terry Litvan, 1215 Fairbanks Dr., Chairman of the BZA, suggested that perhaps the BZA could waive the one year for the Peitioner to return to the Plan Commission. Mr. Howard stated that too, was a statute not merely a rule by the BZA. Mr. Garretson stated he felt the Council was supposed to serve the public and in this instance a citizen had been delayed by the bureaucracy. Mrs. Kerr stated she felt that if it came back before the Council, a notice of public hearing should be published. Mr. Coots stated he could take care of the publication. Mr. Garretson made a motion to hold a public hearing on the rezone at the November 2, 1981 meeting. MDtion seconded and passed 5-l. Mrs. Kerr voting nay and asking that the record reflect her nay vote was due to the fact that she felt it was inconsistent with State Statute. Mr. Garretson stated that if the procedure of the Council on rezone matters was going to be the publication of a notice of public hearing, an ordinance should be drawn to make the procedure a part of the rules of Council. Mr. Howard stated he felt perhaps the procedure was spelled out more clearly in the new statutes. Mr. Howard stated he would check to see if an ordinance was in order and act accordingly. Ordinance D-317 - Ordinance EsAtablishing Additional Yield Signs - Mrs. McMullen made a motion to introduce Ordinance D-317. Mbtion seconded by Mr. Fleming. Mayor Reiman read the proposed ordinance and Chief Lowe stated that the yield City Council Oct. 19, 1981 Page two signs were being recommended by his office following review of the intersection. Mr. Garretson made a motion to suspend the rules and act on ORdinance D-317 this evening. Mbtion seconded by Mr. Flemlng and passed unanimcusly. Vote was taken on Ordinance D-317 which passed unanim~usly. Discussion of Stop Sign at 4th Avenue S.E. and Canmelview Drive (Carmel Elementary) M ayor Reiman stated that Mr. Shepherd had to be out of town but that he had discussed the need for traffic control at this intersection. Mrs. Parks, Myron Rockhill and Alice Fisher, all residents of the area spoke to the Council in favor of some type of traffic control. Mr. Garretson made a motion that the Engineer and Police Chief review the intersection, make a recommondation and present an ordinance, if necessary, at the next meeting. Motion seconded by Mrs. Kerr and passed unanim~usly. Ordinance D-316 - An Ordinance Amending Ordinance D-lll, Fringe Benefits Mr. Fleming made a motion to introduce Ordinance D-316. Motion seconded by Mrs. McMullen. Mr. Garretson stated he did not feel overtime should be paid starting at 37.5 hours since the reduction of time worked automatically gave the employees a wage increase per hour. Mrs. Kerr stated she felt the same, that to grant overtime at time and one-half commencing at 37.5 hours was adding fringe benefit on top of fringe benefit. Mayor Reiman stated that these were emergergency situations only and the City did not pay overtime for paperwork not done. She further stated that supervisors were called out and under the present ordinance did not receive overtime until after 45 hours and then only at straight time. Mr. Garretson stated he could go along with paying overtime to supervisors' after 40 hours if all employees we paid overtime after 40 hours not 37.5 hours. Mr. Boone Clark and Mr. Harvey Kirby, bothsupervisors presented some of the problems involved with the overtime starting at 40 hours when the rest of the employees were working 37.5 hours. Mr. Walker stated he felt overtime was part of the job of being a supervisor and the supervisors should not be paid overtime after 40 hours. Mr. Walker also stated he felt the proposed amendment was ambiguous in that it states all overtime must have advance approval of the supervisor. If the overtime is used only for emergency, how can advance permission be given? Mr. Walker made a motion to table Ordinance D-316 and asked that the department heads, Mayor Reiman and the Clerk-Treasurer prepare an amendment that was clear for presentation to the Council at their next meeting. motion seconded by Mrs. Kerr and passed 3-2, Flemung and Garretson voting nay. Ordinance D-76 - Annexation at 116th Street and Meridian Street - Mr. Garretson made a motion to introduce Ordinance C-76. Mbtion seconded by Mrs. Kerr. Mr. Rick Rembusch and Mr. Jim Johnson, representatives of R.V. Welch & Associates, appeared before the Council to seek annexation of the area on the Northeast corner of 116th Street and Meridian Street. Mrs. Kerr asked for a definition of the boundaries and the Council took a recess from 9:12 to 9:20 P.M. to look at a map of the area. After Counci reconvened, Mr. Garretson asked about utility service to the area. Mayor Reiman stated that the Board of Public Works had already granted water and sewer service to the area and had requested at that time that the Peitioner seek annexation so the area would be added to Carmel's tax base. Petitioners stated they would incur the cost of having the water and sewer lines run to the area. Mr. Garretson asked that petitioners return next meeting with a map of the area showing where water and sewer lines will be run. Mrs. Kerr asked that the record reflect she had a problem with this because she did not approve of lasso annexation and the only area contiguous to the proposed annexation is U.S. 31. Presentation - Mr. Hensel, Township Trustee, presented Mayor Reiman and Jim Garretson with a check in the amount of $3,641-06 from the the Township Advisory City Council Oct. 19, 1981 APPROVED ATTEST