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HomeMy WebLinkAboutCCM-12-07-92CARMEL CITY COUNCIL MEETING MINUTES December 7, 1992 7:00 P.M. Council Chambers/One Civic Square The Carmel City Council meeting was called to order by Mayor Ted Johnson. Members in attendance were Jim Quinn, Tom Kendall, Alan Potasnik, Frank Fleming, Chris Painchaud and Luci Snyder. Tim Story was absent. City Attorney Steve Brown and Clerk- Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilman Quinn followed by the Pledge of Allegiance. AGENDA CHANGES: Councilor Quinn made a motion to change and add the following items to the agenda: 1) Move agenda item 11C regarding Carmel Police Department transfers of funds after agenda item 9B regarding Ordinance D-871. 2) Add Resolution CC-12-7-92-3 to the agenda under New Business after agenda item 11B regarding Ordinance D-874. 3) Add the claims docket dated 12-5-92 totaling $218,690.67 to agenda item #7 "Claims approval". The motion was seconded by Councilor Painchaud. All members voted aye. RECOGNITION OF OUTSTANDING CITIZENS AND EMPLOYEES: Mayor Johnson presented a key to the City of Carmel to the following citizens: Lynn Sipiora was honored for her popular book "Dear Barbara, Dear Lynn" about the friendship between two women who suffered the trials and tribulations of infertile couples who desire children. The Carmel High School Girls Swim Team represented by the team captains and coach for winning the Indiana State Girls Swim Team Championship for the seventh year in a row. APPROVAL OF MINUTES: Councilor Kendall made a motion to change the minutes of November 16, 1992 to reflect Councilor Painchaud was present. Quinn made a motion to approve the minutes of the regular session of November 16, 1992 as amended and the minutes of the special meeting of November 30, 1992 as submitted. The motion was seconded by Painchaud. All members voted aye. Kendall stated he would like to 1 correct the insurance committee report dated November 16, 1992 to be clarified, for the record, as follows: The Carmel Police Department did not `opt out' of Social Security but, in fact, were given no choice but to opt out. Kendall made a motion to approve the claims of 11-13-92 CLAIMS: for $1,750,000.00, 11-13-92 for $347,556.72, 11-18-92 for $770,050.84, 11-23-92 for $340,470.83 and 12-5-92 for $218,690.67. The motion was seconded by Painchaud. All members voted aye. Motion carried. Discussion ensued among Council members, the Mayor and Clerk- Treasurer regarding procedures for Council approval regarding claims rejected for payment by the Clerk-Treasurer. Johnson stated he was seeking a legal opinion in the matter. COMMITTEE REPORTS: Councilor Snyder stated, for the record, the RECYCLING COMMITTEE: Hamilton County Recycling Report had been submitted to the State of Indiana and returned to Hamilton County for revision. Snyder stated PSI had volunteered to accept live Christmas trees of Carmel residents at Cool Creek County Park at U.S. 31 and 151st Street between 8:00 A.M. and 6:00 P.M. from December 28th through January 10th, to be ground into mulch for Carmel Clay Parks and Hamilton County Parks. Snyder stated the information would be published in several local newspapers and further information could be obtained by calling the parks department at 848-PARK. OLD BUSINESS / SECOND READING: ORDINANCE C-165 / A REQUEST FOR ANNEXATION TO THE CITY OF CARMEL FOR COMMON ADDRESS - 3227 SMOKEY ROW ROAD / PETITIONER RICK Sheila Marshall of Coots, Henke and Wheeler representing BARRERA: property owner Rick Barrera of the common address 3227 Smokey Row Road requested annexation of said property to the City of Carmel through Ordinance C-165. Discussion ensued among Council members regarding Ordinance C-165. Councilor Potasnik made a motion to approve Ordinance C-165. The motion was seconded by Snyder. All members voted aye. ORDINANCE D-871 / AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 3, SECTION 2-56 OF THE CARMEL CITY CODE REGARDING THE DEFERRED Kendall stated Ordinance D-871 would help COMPENSATION PLAN: resolve deficiencies and on going problems in the current plan. Kendall made a motion to approve Ordinance D-871. The motion was seconded by Snyder. All members voted aye. RESOLUTIONS CC-12-7-92-1 AND CC-12-7-92-2 / REQUEST FOR TRANSFERS Carmel Police Chief Roger C. OF FUNDS - CARMEL POLICE DEPARTMENT: 2 Conn requested a transfer of Carmel Police Department funds to the following accounts: Resolution CC-12-7-92-1: $3,000 from #407 (Planning and Consultation) into #642 (Other Equipment) Resolution CC-12-7-92-2: $6,000 from #473 (Radio Maintenance) into #642 (Other Equipment) Kendall made a motion to adopt Resolution CC-12-7-92-1 and CC-12-7- 92-2. The motion was seconded by Snyder. All members voted aye. AGENDA CHANGE: Quinn made a motion to move the public hearings for Ordinances Z- 277 and Z-275 ahead to the next position on the agenda. The motion was seconded by Snyder. All members voted aye. PUBLIC HEARING: ORDINANCE Z-277 / AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 31 OF THE CARMEL CITY CODE / REZONING COMMON ADDRESS - 40 FIRST AVENUE N.E. FROM AN R-3 ZONED DISTRICT TO A B-1 ZONED Painchaud made a motion to introduce Ordinance Z-277 and DISTRICT: dispense with the reading pending an explanation from the petitioner. The motion was seconded by Kendall. Adam DeHart, project manager for Keeler-Webb Associates representing petitioner Timothy E. Jacobs, gave a brief presentation requesting rezone of the common address 40 First Avenue N.E. from an R-3 zoned district to a B-1 zoned district. Johnson opened the hearing regarding Ordinance Z-277 to the public. Drew Pattyn 30 E. Main, G. McCarty 120 First Avenue N.E. and Linda Foulke 32 1st Street, spoke in favor of the petitioner citing property improvement and lack of sale potential for the property were excellent reasons to consider the rezone. Hearing no other request by the public to speak, Johnson closed the public hearing and opened discussion to the Council. Discussion ensued among Council members regarding Ordinance Z-277. Further discussion was withheld until the second reading on December 21, 1992. ORDINANCE Z-275 / AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 31 OF THE CARMEL CITY CODE / REZONING COMMON ADDRESS - 96TH AND TOWNE FROM AN S-1 ZONED DISTRICT TO A S-2 ZONED DISTRICT: Quinn made a motion to introduce Ordinance Z-275 and dispense with the reading pending an explanation from the petitioner. The motion was seconded by Painchaud. Petitioner Roger Kessler gave a brief presentation requesting rezone of 20 acres with the common address on the north side of 96th Street 1/8th of a mile east of Towne Road 3 from an S1 zoned district to an S-2 zoned district. Johnson opened the hearing regarding Ordinance Z-275 to the public. Christopher E. Donlan, 2150 W. 96th Street stated the proposed subdivision would surround his property on three sides and requested consideration by the Council to have the developer match their commitment made to the Summer Lakes Homeowners Association for landscaping and 120' lot widths for the 5 lots which would surround his property. Discussion ensued between Donlan and Council members. Hearing no other request by the public to speak, Johnson closed the public hearing and opened discussion to the Council. Discussion ensued among Council members and Kessler regarding Ordinance Z-275. Kessler stated, for the record, the Summer Lakes individual properties averaged $750,000 each and Mr. Donlan's property was purchased for $85,000. Discussion continued among Council members regarding Ordinance Z-275. Further discussion was withheld until the second reading on December 21, 1992. Snyder asked the petitioner to provide a cursory sketch of the proposed lot configuration as it relates to Mr. Donlan's property at the second reading on December 21, 1992. OLD BUSINESS - CONTINUED: ORDINANCE A-68 / AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR SERVICES RENDERED BY THE CARMEL WATERWORKS SYSTEM, ORDINANCE A-66/ AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 2, SECTION 9-31(a) OF THE CARMEL CITY CODE REGARDING INCREASING WATER AND SEWER AVAILABILITY CONTRIBUTIONS AND ORDINANCE A-67 / AN ORDINANCE AUTHORIZING ISSUANCE OF WATERWORKS REVENUE BONDS FOR MUNICIPAL WATERWORKS IMPROVEMENTS: {NOTE FOR THE RECORD: THROUGHOUT THE MEETINGS OF DECEMBER 7TH AND NOVEMBER 30TH , THE ORDINANCE ESTABLISHING RATES AND CHARGES FOR SERVICES RENDERED BY THE CARMEL WATERWORKS SYSTEM WAS REFERRED TO AS ORDINANCE A-65. DUE TO A PAGINATION ERROR, THE ORDINANCE NUMBER HAS BEEN CHANGED FROM A-65 TO A-68. ALL PARTIES AFFECTED BY THE ORDINANCE NUMBER CHANGE HAVE BEEN PROPERLY NOTIFIED. ALL REFERENCES TO THAT SPECIFIC ORDINANCE THROUGHOUT THESE MINUTES WILL BE TO THE CORRECT ORDINANCE NUMBER OF A-68.} Johnson removed himself from the chair and asked Council president Painchaud to replace him in order that he may address the Council. Kendall made a motion to approve Ordinances A-66, A-67 and A-68. The motion was seconded by Snyder. Johnson addressed remarks to the Council pertaining to discussion by Council members of the proposed water and sewer improvement which took place at the special meeting of the City Council on November 30th. Johnson took exception to specific remarks made by Council members and outlined his frustration with lack of communication between Council members 4 and his office. The text of Johnson's remarks are attached to the minutes of this meeting. Painchaud stated inference the Mayor may have drawn from the action of the Council on November 30th was unintentional. Fiscal consultant, Kieth Gambrel of Katz, Sapper & Miller, Derrick Burks of Arthur Anderson & Co. and bond counsel, William P. Diener outlined the changes made to Ordinances A-66, A-67 and A-68 pertaining to the water expansion project since the City Council meeting of November 30th. A question and answer forum existed throughout the presentation between the Council members and the presenters. Potasnik stated since he was singled out in the Mayor's remarks it was his wish to apologize to the Mayor if he caused personal offense by his remarks. Potasnik stated it was not his intent to indict the Mayor or his administration. Discussion concerning the consequences delay of ordinance approval would cause ensued among Council members and bond counsel, William Diener. Quinn made a motion to postpone further discussion of Ordinances A- 66, A-67 and A-68 until the December 21, 1992 meeting of the City Council. The motion was seconded by Potasnik. Quinn and Potasnik voted aye. Kendall, Snyder, and Fleming voted nay. Motion failed. Kendall made a motion to suspend the rules and allow anyone from the public who would like to speak to the proposed waterworks expansion project. The motion was seconded by Snyder. All members voted aye. There being no request from the public to speak, discussion continued among Council members regarding Ordinances A- 66, A-67 and A-68. Call for the question. Snyder, Painchaud, Potasnik, Kendall and Fleming voted aye. Quinn voted nay. Motion carried. Painchaud called for a five minute recess. RECESS: NEW BUSINESS: ORDINANCE D-873 / AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-56 OF THE CARMEL CITY CODE REGARDING DEFERRED Quinn made a motion to introduce Ordinance D-873, an COMPENSATION: ordinance amending chapter 2, article 1, section 2-56 of the Carmel City Code regarding deferred compensation and to dispense with the reading pending an explanation of the ordinance. The motion was seconded by Councilor Fleming. Kendall gave a brief explanation of Ordinance D-873. Kendall explained supporting documentation of the 5 three separate deferred compensation plans in effect in the City of Carmel, namely, Lincoln National, PEBSCO Police Department and PEBSCO Civilian Employees. Kendall stated the current City Ordinance did not address the key issues of the elective and non- elective deferred compensation plan. Kendall stated Ordinance D- 873 was written to cover those and other issues and recommendations of the Insurance Committee. Carmel Police Department employee, Robert Smith explained specific concerns he had to the Council regarding Ordinance D-873 and its possible effect on retirement benefits. Kendall answered specific questions of Smith's and asked the City Attorney to consider incorporating some of the suggested changes requested by Smith. Clerk-Treasurer Jones stated she was unable to include the City's paid portion to the employees W-2 forms because it has never been added as compensation by the Council in the salary ordinance and that this practice was confirmed as appropriate by a written opinion of the City's fiscal consultants, Katz, Sapper and Miller who received an opinion from the Internal Revenue Service.(not a private letter ruling from the IRS) Discussion ensued among Council members regarding Ordinance D-873. Further discussion of Ordinance D-873 was withheld until the second reading. ORDINANCE D-874 / AN ORDINANCE REDISTRICTING COUNCILMANIC DISTRICTS Quinn made a motion to introduce Ordinance OF THE CITY OF CARMEL: D-874 an ordinance redistricting councilmanic districts of the City of Carmel and to dispense with the reading in favor of a brief summary. The motion was seconded by Snyder. Painchaud outlined the proposed councilmanic districts. City Attorney Steve Brown stated alignment of councilmanic districts follows statute in regard to population (using census figures) and also requires redistricting at least every ten years. Brown advised the Council that the function of redistricting belonged solely to the Council. The job of redistricting was not the job of the Mayor or the Department of Community Development. Discussion ensued among Council members regarding Ordinance D-874. Painchaud asked for any Council member to make the Redistricting Committee aware of any issue that would flaw the statistics relative to a specific precinct. Further discussion of Ordinance D-874 was withheld until the second reading on December 21, 1992. Clerk-Treasurer Jones asked the Council to bring Ordinance D-874 and their respective maps to the next meeting because of the time it would take to recopy such a large ordinance for the Council 6 packet. RESOLUTION CC-12-7-92-3 / REQUEST FOR TRANSFER OF FUNDS - OFFICE OF Quinn made a motion to adopt Resolution CC-12-7-92-3. THE MAYOR: requesting a transfer of Board of Public Works and Safety funds to the following account: $23 from #441 (Postage) into #415, #416 and #437 (BPW Members) The motion was seconded by Kendall. All members voted aye. OTHER BUSINESS: Kendall made a motion to APPOINTMENTS - COUNCILMANIC AND MAYORAL: re-nominate Ron Carter as the Carmel City Council's appointment to the Board of Zoning Appeals. The motion was seconded by Potasnik. All members voted aye. Kendall made a motion to re-nominate James Quinn as the Council's appointment to the Plan Commission. The motion was seconded by Potasnik. All members voted aye. Painchaud stated the Mayoral appointment would be re-scheduled for the next meeting of the City Council. ANNOUNCEMENTS: BOY SCOUTS OF AMERICA 1ST ANNUAL CARMEL DISTINGUISHED CITIZEN Snyder congratulated Dr. Warren Saunders for his award from AWARD: the Boy Scouts of America as the 1st Annual Carmel Distinguished Citizen. Snyder stated Dr. Saunders embodied all of the attributes Carmel citizens would like to have as a friend, citizen, and a minister. Snyder stated Dr. Saunders upheld the ideals of the Boys Scouts of America and she wished to recognize and thank him for his efforts on behalf of the community. Clerk-Treasurer STATE BOARD OF ACCOUNTS ANNUAL FINANCIAL REPORT: Jones stated the State Board of Accounts had issued the 1991 Annual Financial Report. Jones stated the Council had received copies and additional copies were available in the Office of the Clerk- Treasurer for any member of the public who wished to pick up a copy. Quinn asked for the findings page of the exit AUDIT REPORT: conference of the State Board of Accounts Audit Report to be added under "Committee Reports" at the next meeting of the City Council as required by a resolution passed by the Council early in 1992. Jones stated no arcs had been received, with the exception of one related to her office for which the result was being reconsidered by the State Board of Accounts. Quinn stated regardless of the outcome, he would like the findings page read at the next meeting. 7 There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ______________________________ Susan W. Jones, Clerk-Treasurer Carmel City Council Meeting Minutes - December 7, 1992 Approved: _______________________________ ATTEST: Mayor T. E. Johnson _______________________________ Susan W. Jones, Clerk-Treasurer 8