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HomeMy WebLinkAboutCCM-11-07-94CARMEL CITY COUNCIL NOVEMBER 7, 1994 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Members in attendance were Frank Fleming, Alan Potasnik, Tom Kendall, Luci Snyder and Tim Story. Chris Painchaud arrived after the approval of the minutes. City Attorney Gordon Byers, Clerk Treasurer Susan Jones and her Deputy Anne Hartman were also in attendance. The invocation, written by Councilor Quinn, was read by Councilor Snyder, followed by the Pledge of Allegiance. APPROVAL OF MINUTES : Councilor Kendall made a motion to approve the minutes of the Executive Session and regular meeting, both on October 17, 1994. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL : Mr. Richard Frost, resident at 507 Stonehedge Dr., spoke of a letter he had sent to Margaret Richardson of the IRS and also spoke against the City acquiring the Monon right-of-way, giving each member a copy of his arguments. (See letter attached to original minutes.) APPROVAL OF CLAIMS : Councilor Kendall made a motion to approve the following claims. Councilor Snyder seconded the motion. 10/13/94 $404,560.35 10/18/94 870,189.93 10/19/94 66,925.25 10/27/94 391,768.42 10/31/94 370,435.44 Councilor Kendall made a motion to remove the following claims from approval for further clarification. Postage by Phone $1,000.00 no receipt Rip 'N Stitch 4.00 wrong line item Information Decisions 1,760.00 clarification Int'l Society of Arborcult 90.00 chapter dues, questionable Career Track 115.95 self-help, questionable Jim Kinder * 128.14 * seminar dates and claims * Luanna Stephens * 88.75 conflict Mayor Johnson called for the question, removing the claims in question. Councilor Potasnik voted nay while all other members voted aye. Motion passed. COMMITTEE REPORTS : Jeff Burk of the Hamilton County Alliance gave an update of Hamilton County's Economic Development. Councilor Kendall of the Carmel Cable TV Advisory Committee reported that the report from Jones Intercable is on file in the Clerk-Treasurer's office for public inspection. Salim Najjar of the Plan Commission gave an update of the commission and invited the Council to a meeting of the Plan Commission on November 15th to hear more details of the 1995 Comprehensive Plan. (See "Proposed Approach Carmel/Clay 2020 Vision" attached to original minutes.) AGENDA ADD-ON : Councilor Kendall made a motion to add on Ordinance D-1125, Elected Official Salaries as item 11v. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1115/BRIDGING LONGEVITY : Councilor Snyder made a motion to approve Ordinance D-1115 Bridging Longevity. Councilor Fleming seconded the motion. Councilor Kendall stated that there has been no change in his opinion of the amendments that he proposed, that continuous means no interruption of service. Councilor Kendall suggested that all employees with a dispute be grandfathered in and given their longevity. Councilor Kendall made a motion to amend D-1115 as outlined in his proposed amendments that he submitted to the Council last week. Councilor Painchaud seconded the motion. Councilor Snyder stated that each employee with a past disagreement should be taken care of but countered that there are many employees who leave whom the city should rehire as they are already trained. Councilor Potasnik agreed with the amendments that Councilor Kendall has proposed except for amendment #3, the employee who works for an elected official should not be given special consideration as going into the employment they are aware of employment termination. Councilor Story questioned "grand-fathering" under these new rules. Councilor Story suggested that the employees that are in question fall under these new rules and that anyone over one year will not be entitled to bridge. Councilor Story stated that the word continuous belongs in the ordinance, use the new rules to clear up the pending cases since it has never been clear what policy is and establish a clear policy of continuous service. Councilor Kendall suggested a resolution to support the language of continuous service already in City Code and resolve all seven of the problems before the Board now. City Attorney Gordon Byers pointed out that there are two issues when you grandfather, there is the issue of back pay and of going forward, and the amounts to be awarded. There is also a need to clairify and reaffirm longevity to be continuous service. Mr. Byers also suggested 180 days rather than 6 months which is less ambiguous. Councilor Painchaud made a motion to postpone this item until the concerns can be cleared and the law written clearly. Councilor Kendall seconded the motion. Councilor Kendall pointed out that postponing this item brings the bridging ordinance back before the Council and that it should be defeated. Councilor Painchaud withdrew the motion. Councilor Kendall withdrew the amendments that were proposed and the second agreed. Mayor Johnson called for the question. All members voted nay. The ordinance was defeated. Attorney Byers was instructed to draw up a resolution addressing the Council's wishes. SECOND READING ORDINANCE C-177/A WRITTEN FISCAL POLICY: Councilor Potasnik made a motion to approve Ordinance C-177, a written fiscal plan for establishing a policy for provision of services to an annexed area. Councilor Story seconded the motion. Councilor Story asked that everyone keep in mind that these are estimates and that over the short term this may not be favorable but should be good for the future. Mayor Johnson called for the question. All members voted aye. Ordinance passed. SECOND READING ORDINANCE C-178/ANNEXATION US 31 CORRIDOR: Councilor Kendall made a motion to approve Ordinance C-178, annexation of the US 31 Corridor. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Ordinance passed. SECOND READING ORDINANCE D-1121/TREE & SHRUB PLANTING AND REMOVAL REGULATION: Councilor Kendall made a motion to approve Ordinance D-1121, Planting and Removal of Trees and Shrubs. Councilor Story seconded the motion. Councilor Painchaud proposed an amendment to Section 6-64 (g), remove the word not and replace the word City with affected utility and then so moved. Councilor Snyder seconded the motion. Mayor Johnson called for the question on the amendment. All members voted aye. Motion passed. Mayor Johnson called for the question. All members voted aye. Ordinance passed. RESOLUTION CC11-07-94-01/AMENDMENT TO ORDINANCE D-1008/1994 GENERAL FUND BUDGET: Councilor Story moved to approve Resolution CC11-07-94-01, amendment to 1994 General Fund Budget reducing the budget by $916,000. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Resolution passed. FIRST READING & PUBLIC HEARING ORDINANCE Z-296/RESIDENTIAL OPEN SPACE: Councilor Painchaud made a motion to introduce Ordinance Z-296, Residential Open Space and dispense with the reading. Councilor Snyder seconded the motion. Mr. Gene Valanzano of Baker & Daniels gave an overview of the ordinance which addresses preservation of open space, density, compatibility with surrounding developments and to stop certain abuses by the development community. Mayor Johnson opened the Public Hearing at 9:09 P.M. Mr. Patrick Bennett, representing Builders Association of Indianapolis, spoke against the ordinance sighting ambiguities in the ordinance. Seeing or hearing no one else who wished to speak, Mayor Johnson closed the public hearing at 9:10 P.M. Councilor Painchaud questioned whether this ordinance was for special needs or cases. Mr. Dave Cunningham, Planning Administrator, responded that the ordinance was set up for case by case review. Councilor Story questioned what protections this ordinance contains against the instance of rezoning occurring without a rezone hearing as happened with the cluster ordinance. Mr. Valanzano responded that this ordinance includes compatibility with neighboring zoning and the absolute cap with respect to gross density. Mr. Cunningham added that this ordinance takes sight specifics into consideration which sets it apart from the cluster ordinance. Councilor Painchaud questioned whether this ordinance gives too much latitude to the Plan Commission relative to the review process as Mr. Bennett suggested. Mr. Cunningham stated that it gives no more latitude than they currently have sighting any development along US 431, US 421 and US 31 overlay is required and the development plan is an approval process they go through, this ordinance was set up on the same approval process. Councilor Snyder stated that she had spoken to two of the larger developers in Carmel, Estridge and C.P. Morgan, asking them if they could live with it and they said they could, though both were concerned with Section 33.7.03 - required development plans. Ordinance Z-296 will return for a second reading on November 21. RESOLUTIONS CC11-07-94-02 THROUGH CC11-07-94-18/TRANSFERS WITHIN BPW, PLAN COMMISSION, STREET, ENGINEERING, CUM CAP IMPROVEMENT, AND FIRE DEPARTMENTS' 1994 BUDGETS: Councilor Story made a motion to approve Resolutions CC-11-07-94-02 through CC11-07-94-18 as one as follows. Councilor Painchaud seconded the motion. CC11-07-94-02 BPW from #220 to 110 $ 600 CC11-07-94-02 BPW 210 to 110 400 CC11-07-94-02 BPW 100 to 230 100 CC11-07-94-02 BPW 120 to 100 2,000 CC11-07-94-03 Plan Commission 406 to 640 300 CC11-07-94-04 Street 502 to 363 2,000 CC11-07-94-05 Street 650.01 to 660 10,000 CC11-07-94-06 Street 650.01 to 670.99 2,000 CC11-07-94-07 Engineering 509 to 623 9,000 CC11-07-94-08 Cum Cap Improve 622 to 509 7,000 CC11-07-94-09 Engineering 565 to 455 50 CC11-07-94-10 Engineering 509 to 401 600 CC11-07-94-11 Fire 389 to 364 500 CC11-07-94-12 Fire 321 to 313 600 CC11-07-94-13 Fire 450.02 to 440 1,000 CC11-07-94-14 Fire 301 to 311 250 CC11-07-94-15 Fire 501 to 314 1,000 CC11-07-94-16 Fire 230 to 670 4,471 CC11-07-94-16 Fire 475 to 670 15,000 CC11-07-94-17 Fire 100 to 650 68,505 CC11-07-94-17 Fire 230 to 650 94,185 CC11-07-94-17 Fire 230 to 650 62,310 CC11-07-94-18 Fire 210 to 610 20,828 CC11-07-94-18 Fire 230 to 610 4,172 Councilor Snyder, having taken the chair from Mayor Johnson who was out of the room, called for the question of voting on all resolutions as one. All members voted aye. Motion passed. Councilor Story made a motion to approve the resolutions. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1124/ADOPTION OF 1994 3RD QTR CITY CODE SUPPLEMENT: Councilor Kendall moved for the introduction of Ordinance D-1124 Adoption of 1994 3rd Qtr City Code Supplement and motioned for the suspension of rules to vote on the ordinance tonight. Councilor Story seconded the motion. Councilor Painchaud made a motion to approve Ordinance D-1124. Motion was seconded by Councilor Kendall. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING ORDINANCE D-1122/AMENDMENT TO 1994 SALARY ORDINANCE: Councilor Snyder made a motion to introduce Ordinance D-1122 amendment to the 1994 Salary Ordinance. Councilor Potasnik seconded the motion. Councilor Kendall made a motion to suspend the rules and act upon the ordinance this evening. Councilor Potasnik seconded the motion. All members voted aye. Motion passed. Mayor Johnson called for the approval of Ordinance D-1122. All members voted aye. Motion passed. FIRST READING ORDINANCE A78 AND S59/UTILITY BUDGETS FOR 1995: Councilor Kendall moved to introduce Ordinance A78 and S59 Water and Sewer Budgets for 1995. Councilor Snyder seconded the motion. Ordinances A78 and S59 will return for the second reading on November 21, 1994. FIRST READING ORDINANCE D-1125/1995-1998 ELECTED OFFICIALS SALARIES: Councilor Snyder made a motion to introduce D-1125, 1995-1998 Elected Officials' Salaries. Councilor Kendall seconded the motion. Clerk-Treasurer Susan Jones pointed out the Judge's salary can not be lowered from the year previous and once advertised the salaries can be cut but not raised over advertised amount. Councilor Kendall made a motion to amend Judge's salary to $1,923.08 bi-weekly and asked that some increase in the Council wages be considered. Councilor Story made a motion to amend the Mayor's salary to $65,000, Clerk-Treasurer $50,000, Judge $50,000 and Council $3,250 ($125 bi-weekly). Councilor Kendall suggested that the amendment include the Mayor's salary at $70,000 as it can only be reduced not raised. Councilor Story so amended his motion to show the Mayor's salary at $70,000. Councilor Potasnik seconded the motion. Mayor Johnson called for the question on the amendment to the amendment. All members voted aye. Motion passed. Mayor Johnson called for the question on the amendment proposed. Councilor Potasnik voted nay with all others voting aye. Motion passed by a majority. Ordinance D-1125 will return for a public hearing and second reading on December 19, 1994. OTHER BUSINESS: Clerk-Treasurer Susan Jones stated the Budget Hearing would be held at 8:30 A.M. on December 2nd in Noblesville at the Tax Commission. Councilor Snyder stated that the first meeting at the first of the year must be held on the first Monday by state law. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ___________________________________ Approved, ___________________________________ Attest: _____________________________________