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HomeMy WebLinkAboutCCM-07-19-93CARMEL CITY COUNCIL MEETING MINUTES July 19, 1993 7:00 P.M. Council Chambers/One Civic Square The Carmel City Council meeting was called to order by Mayor Johnson. Members in attendance were Tom Kendall, Jim Quinn, Frank Fleming, Tim Story, Alan Potasnik, Chris Painchaud and Luci Snyder. City Attorney, Gordon Byers and Clerk-Treasurer Susan W. Repp were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES OR OUTSTANDING CITIZENS: A proclamation was read by Mayor Johnson proclaiming the week of July 18, 1993 as "Bill Lieber Week" for his community contributions and efforts through Kiwanis International. Mayor Johnson presented proclamations to four students who attended the City Council meeting for receiving a 4.0 average in the 1993 spring semester at Carmel High School. Carmel citizen, William Fiorio was presented with a key to the City for his efforts in apprehending two juveniles responsible for several neighborhood burglaries. Stan Brookie was presented with a plaque in appreciation for his work on the Carmel Clay Library Board. Fire Lieutenant Dale Randall was presented with a key to the City by Mayor Johnson and Chief Steven Couts in honor of his twenty years service with the City of Carmel. Councilor Story made a motion to approve the APPROVAL OF MINUTES: minutes of the regular session of July 5, 1993 as submitted. The motion was seconded by Councilor Quinn. All members voted aye. Quinn made a motion to approve the following claims: CLAIMS: 6-30-93 for $1,540.00, 7-7-93 for $367,056.15, 7-13-93 for $574,606.98 and 7-8-93 for $8,000,000.00. The motion was seconded by Councilor Kendall. All members voted aye. Story made a motion to add Resolution CC-7-19-93-3 to the ADD-ONS: 1 agenda as the last item under new business. The motion was seconded by Quinn. All members voted aye. OLD BUSINESS: ORDINANCE D-1001 - AN ORDINANCE FIXING SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF CARMEL FOR THE YEAR 1994: Story made a motion to approve Ordinance D-1001, an ordinance fixing the salaries of appointed officers and employees of the City of Carmel for the year 1994. The motion was seconded by Kendall. Potasnik made a motion to amend Ordinance D-1001 by changing the last paragraph under the section entitled "Communications Center" to read as follows: "An employee, as a function of their position and at the designation of the Director, shall be entitled to receive additional compensation for the responsibility of supervising, training personnel and coordinating IDACS. Said designation shall not exceed one employee per responsibility performed. Said compensation shall be: Supervisor - Up to $1,000 additional per year. Training Officer - Up to $500 additional per year. IDACS Coordinator - Up to $500 additional per year." The motion was seconded by Quinn. All members voted aye. At the request of Mayor Johnson, Quinn made a motion to amend all City Departments (Does not include City Court and Office of the Clerk-Treasurer) to reduce the proposed employee salary increase from 4.2% to 3.2%. The motion was seconded by Councilor Snyder. All members voted aye. Quinn made a motion to amend "Section 1" to include the following definitions: " d. Exempt employee shall mean those employees who are exempt from the overtime provisions of the Fair Labor Standards Act. e. Non-Exempt employee shall mean those employees to whom overtime must be paid." The motion was seconded by Story. Six members voted aye. Councilor Fleming abstained. Motion carried. Quinn made a motion to amend Ordinance D-1001 to define and identify the specific "exempt" employees in the ordinance with all others thereby being "non-exempt". Motion died for lack of a second. Quinn made a motion to amend "Section 2" to be changed from "full employ of the City of Carmel" to read: "full and continuous employ of the City of Carmel" and to add to the end of the paragraph of 2 Section 2: "and administered by the Clerk-Treasurer." The motion was seconded by Story. After discussion regarding the motion to amend, Quinn withdrew the portion of his motion as follows: "and administered by the Clerk- Treasurer." Seconded by Story. Call for the question on the amendment. All members voted aye. Quinn made a motion to amend "Section 9" to read: " That firefighters and police officers who work a holiday...". The motion was seconded by Councilor Potasnik. After discussion regarding the amendment, Quinn withdrew his motion. Seconded by Potasnik. Kendall made a motion to amend "Section 9" to remove the words "the firefighters" and to insert the words "all full time employees". The motion was seconded by Story. Six members voted aye. Quinn voted nay. Motion carried. Quinn made a motion to amend "Section 13" to add at the end of the paragraph: "and only from a part time line item." The motion was seconded by Kendall. All members voted aye. Story made a motion to amend the section entitled "Department of Community Development" to remove the position of "Director". The motion was seconded by Snyder. All members voted aye. Snyder made a motion to amend all City Departments (not including City Court and Clerk-Treasurer) to increase salaries from 3.2% to 4.2% , with 3.2% to be considered as an across-the-board increase for all employees and 1% to be considered merit to be applied on a discretionary basis by approval of the Mayor. The motion was seconded by Quinn. All members voted aye. Call for the question on Ordinance D-1001 as amended. All members voted aye. ORDINANCE D-1005 / AN ORDINANCE ESTABLISHING A CHART OF ACCOUNTS Quinn made a motion to approve Ordinance FOR THE CITY OF CARMEL: D-1005, an ordinance establishing a chart of accounts for the City of Carmel. The motion was seconded by Story. Discussion ensued among Council members, Mayor Johnson and Clerk-Treasurer Repp regarding the necessity for possible modification of the chart of accounts. Upon consensus of the Mayor, Clerk-Treasurer and Council members, it was agreed the spirit of cooperation would exist to modify the charts, at a later date, to help with changes needed by the departments for easier implementation. Call for the question. All members voted aye. 3 RESOLUTION REQUESTING TRANSFER OF FUNDS / CC-7-5-93-1 - CARMEL Mayor Johnson gave a brief DEPARTMENT OF COMMUNITY DEVELOPMENT: rationale requested by the Council at the previous Council meeting to justify the following request for transfer of funds by the Department of Community Development: Resolution CC-7-5-93-1 - $6,336 from 419-02 (Microfilm) Into: $1,000 632-01 (Computer Hardware) $1,500 515-01 (Maintenance Contracts) $1,536 632-02 (Computer Software) $1,500 509-00 (Other Contracted Services) $800 370-00 (Repair Parts) Call for the question. All members voted aye. Mayor Johnson called a five minute recess. RECESS: PUBLIC HEARING: SECOND READING ORDINANCES D-878, D-879, D-880, D-881, D-882 AND D- 884, AMENDING CHAPTER 2, ARTICLE 2, SECTION 2-50 OF THE CARMEL CITY Quinn made CODE BY THE INCLUSION OF SECTIONS ENTITLED "OVERTIME": a motion to approve Ordinances D-878, D-879, D-880, D-881, D-882 and D-884, amending chapter 2, article 2, section 2-50 of the Carmel City code by the inclusion of sections entitled "Overtime". The motion was seconded by Story. Johnson opened the hearing for Ordinances D-878, D-879, D-880, D-881, D-882 and D-884 to the public. The following City of Carmel employees appealed to the Council to vote against the proposed ordinances: Roger Conn, Brett Overmyer, Craig Carter, Tim Green, Ron Carter, Larry Strausborger, John Etter and Luckie Carey. Carmel citizen, Mary Jane Coffing also appealed to the Council to consider striking down the ordinances as proposed. Hearing no further requests from the public to speak, Johnson closed the public hearing and opened discussion to the Council. Extensive discussion ensued among Council members regarding the proposed ordinances. Quinn made a motion to postpone further discussion of Ordinances D-878, D-879, D-880, D-881, D-882 and D- 884 until the first meeting in September. The motion was seconded by Councilor Painchaud. After further discussion by Council members, Quinn withdrew his motion to postpone. The motion was seconded by Painchaud. Further discussion ensued among Council members regarding the proposed ordinances and benefits of the City employees. 4 Quinn made a motion to withdraw Ordinances D-878, D-879, D-880, D- 881, D-882 and D-884. The motion was seconded by Snyder. Six members voted aye. Story voted nay. Motion carried. ORDINANCE D-991, AMENDING SECTION 2-37 OF THE CARMEL CITY CODE FOR PROBATIONARY EMPLOYEES OF THE CARMEL CLAY COMMUNICATIONS CENTER: Story made a motion to approve Ordinance D-991, amending section 2- 37 of the Carmel City Code for probationary employees of the Carmel Clay Communications Center. The motion was seconded by Kendall. Johnson read Ordinance D-991. Kendall made a motion to amend Ordinance D-991 to add the following phrase: "except as it pertains to employees benefits, which would begin at day of hire." The motion was seconded by Story. Six members voted aye. Quinn voted nay. Motion carried. Johnson opened the hearing pertaining to Ordinance D-991 to the public. Hearing no request from the public to speak, Johnson closed the public hearing and opened discussion to the Council. Extensive discussion took place among Council members regarding the proposed ordinance. Kendall made a motion to amend Ordinance D-991 by eliminating the words "exempt from this section." and insert the words "shall have a twelve month probationary period." The motion was seconded by Painchaud. Kendall, Snyder and Painchaud voted aye. Fleming, Quinn, Potasnik, and Story voted nay. Motion failed. Call for the question of Ordinance D-991 as amended. All members voted nay. ORDINANCE C-167 - AN ORDINANCE REQUESTING APPROVAL OF ANNEXATION OF THE "DAVIS REAL ESTATE" LOCATED SOUTH OF AND ADJACENT TO EAST 126TH STREET AND EAST OF AND ADJACENT TO THE RESIDENTIAL COMMUNITY KNOWN Quinn made a motion to introduce Ordinance C-167, AS WATERSTONE: an ordinance requesting approval of annexation of the "Davis Real Estate" located south of and adjacent to east 126th Street and east of and adjacent to the residential community known as Waterstone. The motion was seconded by Story. James J.Nelson, representing James Davis gave a brief presentation on behalf of the petitioner to allow annexation of said property to the City of Carmel. Mayor Johnson opened the hearing regarding Ordinance C-167 to the public. Hearing no request from the public 5 to speak, Johnson closed the public hearing and opened discussion to the Council. Discussion ensued among Council members and Nelson pertaining to Ordinance C-167. Quinn made a motion to suspend the rules and act on Ordinance C-167. The motion was seconded by Kendall. All members voted aye. Quinn made a motion to approve Ordinance C-167. The motion was seconded by Potasnik. All members voted aye. NEW BUSINESS: ORDINANCE D-1004 - AN ORDINANCE AMENDING CHAPTER 8, SECTION 8-121 (8) OF THE CARMEL CITY CODE ESTABLISHING AN AUTOMATIC STOP CONTROL SIGNAL AT THE INTERSECTION OF RANGE LINE ROAD AND EXECUTIVE DRIVE: Quinn made a motion to introduce Ordinance D-1004, an ordinance establishing an automatic stop control signal at the intersection of Range Line Road and Executive Drive. The motion was seconded by Story. James Nelson, representing the petitioner Kroger, Co., requested Council approval for installation of the stated traffic signal at Range Line Road and Executive Drive. Discussion ensued among Council members, City Attorney Gordon Byers, James Nelson, and James Klausmeier of Pflum, Klausmeier & Gehrum Consultants regarding Ordinance D-1004. Quinn made a motion to suspend the rules and act on Ordinance D-1004. The motion was seconded by Story. All members voted aye. Quinn made a motion to approve Ordinance D-1004. The motion was seconded by Story. Call for the question. All members voted aye. RESOLUTION REQUESTING CC-7-19-93-1 - A RESOLUTION RESCINDING RESOLUTION CC-6-21-93-4 AND RECOMMENDING THE CARMEL CLAY PLAN COMMISSION TO AMEND THE CARMEL CLAY ZONING ORDINANCE: Painchaud made a motion to adopt Resolution CC-7-19-93-1, a resolution rescinding Resolution CC-6-21-93-4 and recommending to the Carmel Clay Plan Commission to call for a public hearing on an ordinance amending the Carmel Clay Zoning Ordinance. The motion was seconded by Potasnik. Following a brief presentation from Dave Cunningham of the Carmel Department of Community Development outlining the necessity for the resolution requesting amendment of the zoning ordinance, Council members discussed the merits of the proposed resolution. Call for the question. All members voted aye. RESOLUTION CC-7-19-93-2 / A RESOLUTION REQUESTING TRANSFER OF FUNDS Quinn made a motion to adopt OF THE CARMEL ENGINEERING DEPARTMENT: the requests for transfer of funds as follows: 6 Carmel Engineering Department - Resolution CC-7-19-93-2 $200 from #500.00 (Equipment Repairs) into #455.00 (Publication of Legal Notices) The motion was seconded by Potasnik. All members voted aye. RESOLUTION CC-7-19-93-3 / A RESOLUTION REQUESTING TRANSFER OF FUNDS Quinn made a motion to adopt OF THE OFFICE OF THE CLERK TREASURER: the requests for transfer of funds as follows: Office of the Clerk-Treasurer - Resolution CC-7-19-93-3 $1000 from #475-00 (General Insurance) $2000 from #632-01 (Hardware) $2000 from #302-00 (Office Supplies) Into #400-00 (Legal Fees) The motion was seconded by Painchaud. After discussion of the proposed transfer among Council members, Clerk-Treasurer Susan W. Repp, and the City Attorney, Repp stated she was willing to withdraw the resolution to allow City Attorney, Gordon Byers thirty (30) days to resolve, to Repp's satisfaction, all legal questions regarding potential liability pertaining to the disability insurance benefit currently offered to employees of the City. At the request of Council, Repp promised she would not allow the policies to lapse due to lack of payment by her office, but reiterated it would be essential she receive adequate legal support pertaining to the situation within thirty (30) days. Repp also requested a copy of the contract (plan document) between the City of Carmel and Jefferson Pilot Life Insurance. Byers stated he would provide Repp with a copy. Call for the question. Kendall, Quinn and Potasnik voted aye. Story, Snyder, Fleming and Painchaud voted nay. Motion failed. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, _______________________________ Susan W. Repp, Clerk-Treasurer 7 Approved: _______________________________ Mayor T. E. Johnson ATTEST: ______________________________ Susan W. Repp, Clerk-Treasurer 8