Loading...
HomeMy WebLinkAboutCCM-12-19-94CARMEL CITY COUNCIL DECEMBER 19, 1994 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, Clerk-Treasurer Susan Jones and her Deputy Anne Hartman were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. APPROVAL OF MINUTES : Councilor Fleming made a motion to approve the minutes of the Regular and Finance Committee minutes of December 5, 1994. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. APPROVAL OF CLAIMS : Councilor Kendall made a motion to approve the following claims. Councilor Story seconded the motion. 11/30/94 $ 179,226.74 12/01/94 25,969.90 12/02/94 12,937.00 12/05/94 7,631.13 12/05/94 9,500,000.00 12/07/94 409,823.61 Councilor Kendall questioned the use of line item Subscriptions for the Fire Department's claim from Word Perfect stating if it is software that it come out of that line item, not subscriptions. Councilor Kendall also questioned paying an invoice from American Planning Association in the amount of $1,094. for 1995 membership with 1994 funds. Councilor Kendall moved to remove the American Planning Association's claim from the docket and hold until the first meeting in January, and to assure the correct line item is used for the Word Perfect claim before mailing. Councilor Quinn seconded the motion. Mayor Johnson called for the question on the motion to amend. All members voted aye. Motion passed. No vote was taken on approval of the claims. Claim dockets were signed by the President of the Council and the Mayor. Formal vote will be taken on December 30, 1994. COMMITTEE REPORTS : Councilor Quinn made a motion to hold the City Council meetings on January 9th and January 23rd as January 2nd and January 16th are City holidays. councilor Kendall seconded the motion. City Attorney Gordon Byers stated the holiday overrides having to meet the first Monday of the new year and meeting on the 9th is within state statute. Mayor Johnson called for the question. All members voted aye. Motion passed. Bob Modisett of the Carmel/Clay Parks and Recreation Board introduced himself to the Council and gave a report of the successes Parks has had this month with the Santa Calls, Chicago Shopping Trip, open gym and numerous classes. Councilor Snyder distributed lists of City Council appointments that expire the end of this year. (See list attached to original minutes.) Councilor Snyder stated that she is keeping a list of prospective volunteers. AGENDA ADD-ONS : Councilor Quinn made a motion to add Resolution CC12-19-94-11, Utility Amendment and Resolution CC12-19-94-12, BPW Transfer of 1994 Funds to the agenda as items l and m respectively. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE Z-297/REZONE 3802 W. 96TH STREET FROM S-1 TO B-7 : Councilor Quinn asked the petitioner if he would agree to table Ordinance Z-297 until the next regularly scheduled Council meeting as there are questions that need to be addressed. Mitch Sever of Sever and Associates asked if the questions couldn't be addressed tonight. Councilor Story questioned whether or not a legal description was in the packet when submitted. Mr. Sever stated that the legal description was on the site plan, Lot 20. Councilor Story asked if there were any commitments placed by the Plan Commission. Mr. Sever stated the only commitment was approval of the septic system and that he has the letters of approval and submitted the Warranty Deed. Councilor Quinn expressed concern over the lack of low income housing protection and concern of the petitioner to sell the re-zoned property to another developer who could put anything in that fell within B-7 zoning. Dave Cunningham of the Department of Community Development stated there is a system of checks and balances built-in; an ADLS and development plan has to be approved by the Plan Commission once Council has approved the re-zone. If the plan should change the process of hearings begins again. Mr. Cunningham went on to state the property has been rezoned already and if the existing structure is torn down, it could not be replaced with another single-family structure. Councilor Quinn read notes that Councilor Painchaud had sent which expressed concern that a professional building will be surrounded on three sides by a low cost residential neighborhood and that the current comprehensive plan calls for a transition from heavy commercial office to medium density residential. Councilor Painchaud feared a domino effect of the creation of commercial office space east-west and possibly north of the subject property. Mayor Johnson called for an introduction to Ordinance Z-297. Councilor Story made a motion to approve Ordinance Z-297. Councilor Snyder seconded the motion. Councilor Quinn moved to table Ordinance Z-297 until January 9, 1995. Councilor Kendall seconded the motion. Mayor Johnson called for the question. With Councilors Fleming and Snyder opposing, the motion carried by a majority vote. SECOND READING ORDINANCE Z-298/REZONE 11580 N. COLLEGE AVENUE FROM R-1 TO R-3 : Councilor Potasnik made a motion to approve Ordinance Z-298, Rezone of 11580 N. College Ave. from R-1 to R-3. Councilor Story seconded the motion. Councilor Potasnik made a motion to amend Exhibit B Docket Number to read Z-298. Councilor Quinn seconded the motion. Mayor Johnson called for the question on the amendment. All members present voted aye. Motion passed. Mayor Johnson called for the question. All members present voted aye. Motion passed. Councilor Snyder was absent at the time of the vote. SECOND READING ORDINANCE D-1128/MAILBOX OBSTRUCTION PROHIBITED : Councilor Kendall made a motion to approve Ordinance D-1128, Mailbox Obstruction Prohibited. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members present voted aye. Motion passed. Councilor Snyder was absent at the time of the vote. SECOND READING & PUBLIC HEARING ORDINANCE D-1125/ELECTED OFFICIALS' SALARIES : Mayor Johnson relinquished the chair to Council President Luci Snyder. Councilor Snyder began to explain the preparing of Ordinance D-1125, Elected Officials' Salaries. Councilor Kendall made a motion to approve Ordinance D-1125. Councilor Quinn seconded the motion. Councilor Snyder continued to explain her position that the Council's salary should not be raised as it should be a voluntary position, that the City of Carmel is a multi-million dollar business and the pay should reflect as such so that qualified people, not retirees, will run for Mayor; there should be a space moneywise between the Mayor's salary of $57,500 and the Clerk-Treasurer's salary of $47,500 ; and expressed concern of the high salary for the Judge since Court convenes 2 1/2 days a week. Councilor Kendall spoke in favor of the Mayor's and Judge's salaries as presented, and also supported a raise for City Council members. Councilor Quinn also spoke in favor of raising the Council's salary suggesting an economic blockade is in place preventing people from running for Council. Councilor Story spoke against raising the Mayor's salary at once to $70,000 but suggested it gradually go up over the period of four years. Councilor Story made a motion to amend Ordinance D-1125 to read Mayor's Salary 1995 & '96 to $2307.69 bi-weekly ($60,000 per year), 1997 to $2,500 bi-weekly ($65,000) and leave it as is for 1998 $2,692.31 ($70,000) and leave the other positions as published. Councilor Quinn seconded the motion. Council President Snyder called for the question on the amendment. Councilors Kendall and Story voted aye, all other members voted nay. Motion failed. Council President Snyder opened the Public Hearing at 8:32 P.M. City Judge, Gail Bardach spoke in defense of the public comments Councilor Snyder had made at the Council Meeting of November 7th stating the position of Judge is a full time position, not just Court in Session time and invited each Council member to surprise visit any Court Session or her office: spoke of the pride she takes in her office: and spoke in favor of review of her salary. Council President Snyder closed the Public Hearing at 8:50 P.M. and the opened the floor for discussion. Councilor Kendall questioned City Attorney Gordon Byers what the Council's options were as to could a four year ordinance be passed and amended at a future date, or could Council pass a one year 1995 Salary ordinance tonight. City Attorney Gordon Byers reiterated the salaries could not be lowered from previous ordinance and did not have the information on a one year ordinance at hand. Council President Snyder again closed the Public Hearing. Councilor Quinn made a motion to amend Ordinance D-1125 by removing the years 1996 through 1998 and have the ordinance stand for the year 1995. Councilor Fleming seconded the motion. Council President Snyder called for the question on the amendment. Councilors Snyder, Potasnik and Kendall voted against, Councilors Quinn, Fleming and Story voted aye. No action was taken. Councilor Quinn made a motion to amend Ordinance D-1125 to insert the 1994 salaries in place for 1995, striking 1996 through 1998 and revisit this issue in January. Councilor Kendall seconded the motion. After some discussion as to whether a one year Elected Officials' Salary could be in place Councilor Quinn made a motion to table Ordinance D-1125 until the end of the meeting so City Attorney Gordon Byers could check state statute. Councilor Potasnik seconded the motion. Council President Snyder called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE S-60/REMOVAL OF ILLEGAL CONNECTIONS TO SEWER SYSTEM : Councilor Story moved to introduce Ordinance S-60 and dispense with reading of same. Councilor Kendall seconded the motion. John Duffy, Water Distribution and Collections Manager explained the need for Ordinance S-60 and distributed information regarding the ordinance. (See copy in City Council packet at Clerk-Treasurer's office.) RESOLUTIONS CC12-19-94-01 THROUGH CC12-19-94-10//TRANSFERS WITHIN VARIOUS FUNDS 1994 BUDGET : Councilor Story made a motion to approve the following transfers. Councilor Quinn seconded the motion. CC12-19-94- 01 Clerk-Treasurer From #100 to 632.01 $ 5,000 CC12-19-94- 02 Police 320 to 630 50 CC12-19-94- 03 Police 314 to 460 145 CC12-19-94- 04 Police 314 to 630 1,000 CC12-19-94- 05 Fire 552 to 640 1,500 CC12-19-94- 06 Fire 505 to 631 1,300 CC12-19-94- 07 Fire 430.02 to 210 2,000 CC12-19-94- 08 Fire 501 to 370 500 CC12-19-94- 09 Street 430.02 to 440 50 CC12-19-94- 10 Street 503 to 660 2,000 Mayor Johnson asked Resolution CC12-19-94-05 Transfer for the Fire Department be removed as it is longer needed. Mayor Johnson called for the question. All members voted aye. Resolutions CC12-19-94-01 through CC12-19-94-04, CC12-19-94-06 through CC12-19-94-10 passed. RESOLUTION CC12-19-94-11/PURCHASE OF WELL SITES AND EASEMENT IN HAZEL FOSTER : Councilor Quinn moved to approve Resolution CC12-19-94-11, Purchase of Fee Simple Interest in Real Estate and Interests in Easements. Councilor Story seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. RESOLUTION CC12-19-94-12/TRANSFER OF 1994 FUNDS WITHIN BPW BUDGET : Mayor Johnson explained the transfer was needed for a new copier in the Mayor's office. Councilor Quinn made a motion to approve CC12-19-94-12, transfer of funds within the 1994 BPW Budget. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1125/ELECTED OFFICALS' SALARIES : City Attorney Gordon Byers explained the salaries for elected officials can not be changed within the year they are currently in nor can than be lowered from the year previous and salaries can be fixed for one year at a time. Councilor Story made a motion to amend Ordinance D-1125 by removing the years 1996 through 1998 and take the 1994 salaries plus 2 1/2% and fill the year 1995 with those numbers. Councilor Quinn seconded the motion. Councilor Story stated this amendment is equitable for the year 1995 as that is the amount awarded in the 1995 Salary Ordinance for city employees but stressed the salary ordinance should come back before the Council in January of 1995 so the full four years may be addressed. Mayor Johnson called for the question on the amendment. Councilors Snyder, Potasnik and Kendall voted nay. All others voted aye. There being a tie, Mayor Johnson broke it by voting aye. Motion passed. Councilor Quinn moved to further amend Ordinance D-1125 to raise the member meeting fee from $35 to $50 for Council, Plan Commission, Board of Zoning Appeals, Cable TV Advisory Committee and amend further Dept. of Community Development staff will receive $50. for one subcommittee meeting a month. Clerk-Treasurer Susan Jones reminded Council compensation for employees has already been fixed in the 1995 Salary Ordinance and cannot be raised here. Councilor Quinn then amended his motion to raise the Ordinance to $50 per meeting for all Committee members mentioned in Ordinance D-1125 except staff. Councilor Story seconded the motion. Mayor Johnson called for the question on the amendment. Councilors Snyder, Kendall and Potasnik voted nay. All others voted aye. Mayor Johnson broke the tie by voting aye. Motion passed. Mayor Johnson called for the question on Ordinance D-1125 with the two amendments. Councilors Snyder, Potasnik, and Kendall voted nay. All others voted aye. Mayor Johnson broke the tie by voting aye. Ordinance passed by a majority. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ______________________________ Approved, _______________________________ Attest: ______________________________