HomeMy WebLinkAboutCCM-11-16-92 SPECIALCARMEL CITY COUNCIL
MEETING MINUTES
November 16, 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, Tim Story, Chris Painchaud and
Luci Snyder. 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.
RECOGNITION OF OUTSTANDING CITIZENS AND EMPLOYEES:
Mayor Johnson presented plaques to the following employees of the
month for specific excellent contributions made to the City of
Carmel in the performance of their duties:
Employee of the month of September, Patricia Kopko, Carmel Clay
Communications Center.
Employee of the month of October, Carol McMananma, Carmel Utilities
Department.
Employees of the month of November, Carmel Clerk-Treasurer,
Susan W. Jones and her four staff members.
APPROVAL OF MINUTES:
Councilman Fleming made a motion to approve the minutes of the
regular session of November 2, 1992 as submitted. The motion was
seconded by Councilwoman Snyder. All members voted aye. Motion
carried.
Councilman Kendall made a motion to approve the minutes of the
special meeting of November 9, 1992 as submitted. The motion was
seconded by Snyder.
Kendall made a motion to approve the claims of 10-28-92
CLAIMS:
for $341,372.45, 10-30-92 for $7,745,000.00, 10-30-92 for
$94,380.50, 11-4-92 for $301,039.56 and 11-5-92 for $3,365.00. The
motion was seconded by Snyder. Five members voted aye. Councilman
Story abstained. Motion carried.
COMMITTEE REPORTS:
Kendall read a
INSURANCE COMMITTEE REPORT / DEFERRED COMPENSATION:
report from the Insurance Committee dated November 16, 1992
regarding the City of Carmel Deferred Compensation Plan and the
Carmel Police Department Deferred Compensation Plan. A copy of the
1
report is attached to the official minutes of the meeting.
Discussion ensued among Council members regarding deferred
compensation. City Attorney, Steve Brown stated he would provide
the Council with highlights of the possible consequences of an
Internal Revenue Service disqualification of the current deferred
compensation plan at the next regular meeting of the City Council.
OLD BUSINESS / SECOND READING:
RESOLUTION CC-11-2-92-1 / REQUEST FOR TRANSFER OF FUNDS - CARMEL
Johnson submitted back-up to the Council members
PLAN COMMISSION:
supporting the request and totals requested for transfer by the
Plan Commission. Quinn made a motion to adopt Resolution CC-11-2-
92-1, a transfer of Carmel Plan Commission funds through the
following accounts: $1,000 from #250 (Travel) into #252 (Training
and Instruction). The motion was seconded by Councilman Potasnik.
Clerk-Treasurer Jones stated, for the record, subscriptions and
membership dues should not be paid from training and travel as
requested and she objected to a transfer of funds to make purchases
that should be appropriated. Call for the question. All members
voted aye.
PUBLIC HEARING:
ORDINANCE Z-276 / AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2,
SECTION 31 OF THE CARMEL CITY CODE / REZONING 10499 N. COLLEGE AVE.
Jack Hittle,
FROM AN R-3 ZONED DISTRICT TO A B-1 ZONED DISTRICT:
representing the estate of Clifford Schweigel requested rezone of
the common address of 10499 N. College Ave. from R-3 to B-1 in
order to accommodate an employment agency interested in purchasing
the property. Hittle stated the property was in disrepair and had
not been inhabited for two years. Hittle stated surrounding
residents and businesses had no objection to the proposed use of
the property. After hearing the petitioner's presentation, Johnson
re-opened the hearing regarding the rezone to the public. Hearing
no request from the public to speak, Johnson closed the public
hearing and opened discussion to the Council. Discussion ensued
among Council members regarding Ordinance Z-276. Call for the
question. Story, Snyder, Fleming and Potasnik voted aye. Kendall
and Quinn voted nay. Motion carried.
ORDINANCE C-165 / A REQUEST FOR ANNEXATION TO THE CITY OF CARMEL
FOR COMMON ADDRESS / 3227 SMOKEY ROW ROAD / PETITIONER -
Sheila Marshall of Coots, Henke and Wheeler
RICK BARRERAS.
representing property owner Rick Barreras of the common address
3227 Smokey Row Road requested annexation of said property to the
City of Carmel. Johnson open the hearing regarding Ordinance C-165
to the public. Hearing no request from the public to speak,
Johnson closed the public hearing and opened discussion to the
Council. Discussion ensued among Council members regarding
2
Ordinance C-165. Story made a motion to suspend the rules and act
on Ordinance C-165. The motion was seconded by Potasnik. Four
members voted aye. Snyder and Quinn voted nay. Motion failed.
This item will appear under "Old Business" at the next regular
meeting of the City Council.
NEW BUSINESS:
RESOLUTION CC-11-2-92-2 / A RESOLUTION TRANSFERRING CAREY ROAD
PROPERTY TO THE CARMEL CLAY BOARD OF PARKS AND RECREATION:
Kendall made a motion to adopt Resolution CC-11-2-92-2. The motion
was seconded by Quinn. Johnson read Resolution CC-11-2-92-2
transferring a tract of City of Carmel land located on Carey Road
to the Carmel Clay Board of Parks and Recreation. Discussion
ensued among Council members regarding Resolution CC-11-2-92-2.
Quinn made a motion to amend Resolution CC-11-2-92-1 adding
paragraph F to read: At the aforementioned conditions (A,B,C,D and
E) be placed in recordable form and reported along with the deed at
the Office of the Hamilton County Courthouse. The motion was
seconded by Story. All members voted aye. Kendall made a motion
to amend Resolution CC-11-2-92-2 to include the following phrase at
the end of paragraph B: "and an authorizing resolution by the
Common Council of the City of Carmel;" Johnson stated he believed
the amendment was legislating the executive decision making branch
out of the process. Kendall stated he was trying to insure
decisions of this type are not made behind closed doors. The
motion was seconded by Quinn. Discussion continued among Council
members regarding Resolution CC-11-2-92-2. Call for the question
on the amendment. All members voted aye. Call for the question
All members voted aye. City Attorney Steve Brown stated he would
submit an amended copy of the Resolution for Council signature.
RESOLUTION CC-11-16-92-1 / REQUEST FOR TRANSFER OF FUNDS - CARMEL
Kendall made a motion to adopt
CLAY COMMUNICATIONS CENTER:
Resolution CC-11-16-92-1. The motion was seconded by Potasnik.
Carmel Clay Communications Director, Jerry Lowe requested a
transfer of Carmel Clay Communication Center funds to the following
accounts to cover a shortage in the salary and social security
accounts as a result of the addition of the position of Director to
budget:
$14,000 from #202 (Health Insurance) to #101 (Full Time Salary)
$2,500 from #110 (Part Time Salary) to #201 (Social Security)
$2,500 from #407 (Planning & Consulting) to #201 (Social Security)
Discussion ensued among Council members regarding Resolution CC-11-
16-92-1. Call for the question. All members voted aye.
ORDINANCE D-870 / FIRST READING: AN ORDINANCE AMENDING D-677
ESTABLISHING BI-WEEKLY SALARIES FOR CERTAIN ELECTED OFFICIALS AND
Story made a motion to introduce
ADVISORY COMMITTEE MEMBERS:
Ordinance D-870, an ordinance amending the salary of the City Judge
3
to a bi-weekly salary of $1,800 effective January 2, 1993. The
motion was seconded by Kendall. Judge Hughes asked Council
approval for Ordinance D-870 which conformed to the budget approved
by the City Council during the budget hearings. Discussion ensued
by Council members regarding Ordinance D-870. Further discussion
of Ordinance D-870 was withheld until the required publication and
a thirty day remonstration period was met prior to the second
reading scheduled for the regular session of December 21, 1992.
RESOLUTION CC-11-16-92-2 / REQUEST FOR TRANSFER OF FUNDS - CARMEL
Quinn made a motion to adopt Resolution CC-11-16-92-2.
CITY COURT:
The motion was seconded by Story. Judge Hughes requested a
transfer of Carmel City Court funds to the following accounts:
$1,150 from #303 (Official Records) into #640 (Office Supplies)
$300 from #304 (Law Books) into #640 (Office Supplies)
$1,356 from #358 (Paper Supplies) into #640 (Office Supplies)
$1,100 from #411 (Jury) into #640 (Office Supplies)
$1,950 from #424 (Software Support) into #640 (Office Supplies)
$994 from #472 (Building Repairs) into #640 (Office Supplies)
Call for the question . All members voted aye.
RESOLUTION CC-11-16-92-3 / REQUEST FOR TRANSFER OF FUNDS - OFFICE
Quinn made a motion to adopt Resolution CC-11-16-92-
OF THE MAYOR:
3. The motion was seconded by Story. Johnson requested a transfer
of Office of the Mayor funds to the following accounts:
$2,000 from #250 (Travel) into #443 (Promotion of the City)
Call for the question. All members voted aye.
RESOLUTION CC-11-16-92-4 / A RESOLUTION SUPPORTING THE ALLOCATION
Potasnik
OF AT LEAST 25% OF LOTTERY REVENUES TO LOCAL GOVERNMENT:
read proposed Resolution CC-11-16-92-4, a resolution supporting the
allocation of at least 24% of lottery revenues to local government.
Discussion ensued among Council members regarding proposed
Resolution CC-11-16-92-4. Kendall made a motion to adopt
Resolution CC-11-16-92-4. The motion was seconded by Potasnik.
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
Quinn made a motion to introduce Ordinance D-
COMPENSATION PLAN:
871. The motion was seconded by Kendall. Quinn gave a brief
explanation of Ordinance D-871 amending chapter 2, article 3,
section 2-56 of the Carmel City Code regarding the deferred
compensation plan. Clerk-Treasurer Jones asked Quinn to reiterate
his comment that all employees of the City had been advised and
issued no objection. Quinn stated that was correct. Kendall made
a motion to amend Ordinance D-871 to substitute the word
"voluntary" in paragraph `a' with the word `elective' and the word
"involuntary" in paragraph `a' to the word `non-elective'. The
motion was seconded by Quinn. All members voted aye. Further
4
discussion was withheld until the second reading.
RESOLUTIONS CC-11-16-92-5, CC-11-16-92-6, CC-11-16-92-7, CC-11-16-
92-8, AND CC-11-16-92-9 / REQUEST FOR TRANSFERS OF FUNDS - CARMEL
Carmel Fire Chief Steve Couts requested transfer
FIRE DEPARTMENT:
of Carmel Fire Department funds to the following accounts:
$250 from #315 (Fuel Oil) into #317 (Diesel Fuel)
$500 from #472 (Building & Structure Repairs) into #351
(Building Materials)
$1,800 from #442 (Telephone Service) into #690 (Furniture &
Fixtures)
$5,000 from #202 (Health Insurance) into #641 (Motor Equipment)
$4,000 from #442 (Telephone Service) into #641 (Motor Equipment)
$10,920 from #202 (Health Insurance) into #642 (Other Equipment)
Kendall made a motion to adopt Resolutions CC-11-16-92-5, CC-11-16-
92-6, CC-11-16-92-7, CC-11-16-92-8, and CC-11-16-92-9. The motion
was seconded by Quinn. Discussion ensued among Council members
regarding the transfer requests of the Fire Department. Call for
the question. All members voted aye.
RESOLUTION CC-11-16-92-10 / REQUEST FOR TRANSFER OF FUNDS - CARMEL
Quinn made a motion to approve Resolution CC-
STREET DEPARTMENT:
11-16-92-10 transferring Carmel Street Department funds to the
following account:
$300 from #250 (Travel) into #252 (Training and Instruction)
The motion was seconded by Story. Call for the question. All
members voted aye.
AGENDA ADD-ONS:
Quinn made a motion to add Resolution CC-11-16-92-11 to the agenda.
The motion was seconded by Kendall. All members voted aye.
RESOLUTION CC-11-16-92-11 / REQUEST FOR TRANSFER OF FUNDS - OFFICE
Quinn made a motion to adopt Resolution CC-11-16-92-
OF THE MAYOR:
11 transferring Office of the Mayor funds to the following
accounts:
$1,500 from #456 (Legal Expenses other than Attorney) into #101
(Salary - Full Time)
$1,475 from #252 (Training and Instruction) - ($500) into #101
(Salary Full Time) and ($975) into #111 (Salary -
Temporary)
$1,500 from #202 (Health Insurance) - ($825) into #111 (Salary -
Temporary) and ($675) into #201 (Social Security)
The motion was seconded by Story. Discussion ensued among Council
members regarding the request for transfer. Call for the question.
All members voted aye.
5
OTHER BUSINESS:
Clerk-
REQUEST FOR APPROVAL TO PURCHASE COPIER / QUOTE REVIEW:
Treasurer Jones stated 11 quotes had been obtained to be considered
for the proposed purchase of a copier for use by the Clerk-
Treasurer's office for Council related work. Discussion ensued
among Council members regarding the copier purchase. Story made a
motion to direct the Clerk-Treasurer to purchase the Sharp 8870
copier through CopyRite. All members voted aye.
REVIEW OF CITY FIRE CODE UPDATE / CARMEL FIRE DEPARTMENT:
Potasnik made a motion to postpone review of the Fire Code update
to be brought back, at a later date, by Mayor Johnson at his
discretion. The motion was seconded by Story. All members voted
aye.
ANNOUNCEMENTS:
WATER PLANT MEETINGS / NOVEMBER 30, 1992 / DECEMBER 7, 1992:
Johnson stated a special televised meeting would be set up for
November 30, 1992 at 7:00 P.M. to discuss the water expansion
project and re-establishment of the Cumulative Capital Storm Sewer
Fund and rate.
Johnson stated the regular meeting of December 7th, 1992 would
include a request for approval of the water expansion project on
the agenda. Johnson encouraged the Council to ask any questions
which may pertain to the water plant and rate setting prior to the
special meeting.
SPECIAL MEETING / DECEMBER 30, 1992 - 6:15 P.M. / CLAIMS APPROVAL:
Johnson called a special meeting of the City Council for December
30, 1992 at 6:15 P.M. for year-end final approval of claims.
Johnson stated the newspaper reported the City
TAX COMMISSIONERS:
of Carmel would appear before the tax commissioners on November
18th when, in fact, the date had been changed to November 17th.
Clerk-Treasurer Jones stated she would be present on the 18th for a
re-hearing in the event a member of the public was present as a
result of the change of the meeting date.
Quinn congratulated everyone involved with the
ARTWORK EXHIBITION:
City of Carmel and Hunan, China children's art exchange and exhibit
in City Hall. Quinn inquired about the possibility of purchasing a
display board similar to the type on loan from the school for
future City Hall exhibits. Clerk-Treasurer Jones stated monies
were available in the Council budget for such a purchase. Quinn
asked the Mayor to secure a quote so the monies could be encumbered
for such a purchase. Johnson advised he would do so.
6
Kendall inquired about purchase of video
VIDEO EQUIPMENT:
equipment to enable the Council to have live broadcasts from the
Council chambers. Johnson stated several thousand dollars were
available in the 1992 budget and he would discuss what could be
purchased after a discussion with Hal Espey. Johnson stated an
underground cable problem would prevent live broadcasts, but the
matter would be looked into and corrected.
Potasnik requested the Council and
CARMEL HIGH SCHOOL NEWSPAPER:
Mayor consider honoring the Carmel High School newspaper and year
book for regional, national and state recognition they had
received. Johnson stated the Carmel High School radio station was
rated number two in the nation, also.
Story stated the Council's
BOARD OF ZONING APPEALS APPOINTMENT:
appointee to the Board of Zoning Appeals advised him his term was
about to expire. Story asked the Clerk-Treasurer to submit a list
of appointments which were about to expire and requested the
Council discuss the appointments, as previously discussed, in a
forum other than a regular meeting.
City Attorney Steve Brown asked where the Council
REDISTRICTING:
stood on the redistricting project. Johnson stated redistricting
was essentially done and finalization of the project was just about
completed.
There being no further business before the Council the meeting was
duly adjourned.
Respectfully submitted,
______________________________
Susan W. Jones, Clerk-Treasurer
Approved:
_______________________________
ATTEST: Mayor T. E. Johnson
_______________________________
Susan W. Jones, Clerk-Treasurer
7