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HomeMy WebLinkAboutCCM-10-17-94CARMEL CITY COUNCIL MEETING OCTOBER 17, 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, James Quinn, Alan Potasnik, Tom Kendall, Luci Snyder and Tim Story. City Attorney Gordon Byers, Clerk-Treasurer Susan Jones and Deputy Clerk-Treasurer Anne Hartman were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. Frank Fleming made a motion to approve the APPROVAL OF MINUTES: minutes September 30th and October 3rd. Tom Kendall seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion carried. Mr. Bill RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Heisel, a resident at 4109 Brian Place, requested a stop sign at Haverstick and Brian Place and a 25 m.p.h. speed zone. Councilor Kendall made a motion to approve the APPROVAL OF CLAIMS: claims of 9/29 in the amount of $392,806.98, 10/3 in the amount of $41,047.22, 10/5 in the amount of $252,355.47 and 10/11 in the amount of $10,291,243.96. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members present voted aye. Councilor Snyder had left the room and was not present for the vote. Dr. Judy Edwards, President of the Carmel-Clay COMMITTEE REPORTS: Library submitted a written report of a brain-storming session held attended by employees of the Library. (See report attached to original minutes.) Sam Rincker, Treasurer of the Carmel-Clay Park Board questioned whether it continued to be necessary that he report to the Council every month. Councilor Kendall said yes. Mr. Rincker described the Halloween Programs coming up this month. Councilor Snyder gave a report from the Plan Commission regarding the status of the sign ordinance. Mayor Johnson submitted a written report of equipment needs for the Carmel Fire Department . No written report was submitted to the Clerk for the permanent record. Councilor Snyder made a motion to add AGENDA ADD-ON ITEMS: Ordinance D-1123 as item 11F under New Business. Councilor story seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion carried. Councilor SECOND READING ORDINANCE D-1115/BRIDGING LONGEVITY: Snyder made a motion to approve Ordinance D-1115 Bridging Longevity. Tom Kendall seconded the motion for discussion purposes. Dianne Frewer, employee of the City of Carmel, spoke in favor the ordinance and to include the reinstatement of her own longevity and back pay. Councilor Quinn stated that looking back historically there are at least two Board of Works decisions that dealt with defining longevity in the past. The Ordinance that defined longevity was passed by the previous Council and statements have been made that what the previous Council did was a mistake. Logic dictates that an administration that had a history of defining longevity and having it codified matching the decisions in previous Board of Works statements was intentional, not erroneous. Councilor Quinn went on to point out the serious question that codification of ordinances shall have no effect on the salaries and hourly wages of City employees. Since the Board of Works had already made that determination the City Council is affirming that decision and it has had no effect on the wages. Councilor Quinn addressed the amendments that Councilor Kendall had submitted and offered three suggestions: 1) defeat it as is, 2) table it until the document can be redone, or 3) have the Comprehensive Personnel Policy submitted with this in it. Councilor Kendall read for the record three amendments that he is proposing. Amendment 1: D-1115(A) should be deleted. Amendment 2: replace deleted item A with "Any current full time employee with the City of Carmel who, as of the date of the passage of this ordinance, has notified their Department Head, the Mayor's Office, and/or the Clerk-Treasurer's Office of any dispute or concern regarding the bridging of employment shall have longevity calculated based on the sum of all years of service to the City without regard to the amount of time of separation of service. Further, any employee having served a minimum of one hundred eighty (180) days during their first calendar year of employment shall have longevity calculated pursuant to section "B" of this ordinance." Amendment 3: D-1115(C) language should be inserted so that this section should apply only to those employees who serve at the pleasure of an elected official and are terminated without cause, which is always the prerogative of the elected official. After reviewing his amendments Councilor Kendall stated he would not move to introduce the amendments but that the council should review, discuss and table the Ordinance until the next meeting. Councilor Quinn stated that Amendment 3 would be disputable whether it was with or without cause. Councilor Story pointed out that any bridging policy of longevity does not affect the liability of the pension plans. Councilor Fleming questioned how the Family Leave Act will affect this ordinance. Attorney Byers agreed that this needed to be addressed. An amendment should include "subject to Federal and State regulations". Councilor Snyder spoke in favor of granting bridged longevity to all employees with a dispute, to reinstate Dianne Frewer's longevity and to discuss, table and bring it back for a vote at next meeting. Councilor Snyder then so moved to table Ordinance D- 1115 until next meeting. Councilor Quinn seconded with a request that the Clerk-Treasurer provide minutes of meetings of the Board of Works regarding longevity to see what the intent was of past administrations. Mayor Johnson called for the question. All members voted aye. Motion carried. SECOND READING ORDINANCE D-1116/RESOLUTION AMENDING ORDINANCE D- Councilor Snyder made a 763/ACCESS CHANNEL RULES AND REGULATIONS: motion to approve D-1116 Access Channel Rules and Regulations. Councilor Kendall seconded the motion. Councilor Kendall made a motion to amend the amendment and replace the section following "to read as follows" with the paragraph on the second page. Mayor Johnson called for the question of the amendment. All members voted aye. Clerk Jones questioned what part of the Ordinance is being amended. The resolution does not amend City Code as it does not reference City Code and is not codified now. Mayor Johnson pointed out that this amendment should be done by resolution. Councilor Quinn made a motion to change the Ordinance to Resolution CC10-17-94-04. Even though there was no second to the motion, Mayor Johnson called for the question. All members voted aye. Mayor Johnson called the question for approval of the resolution. All members voted aye. Motion carried. SECOND READING ORDINANCE D-1118/SALE OF 40 E. MAIN STREET/ORDINANCE Tom Kendall moved to approve D-1119/SALE OF 11-15 FIRST AVENUE: Ordinance D-1118 Sale of 40 E. Main St. City property and D-1119 Sale of 11-15 First Ave. City property. Councilor Snyder seconded the motion. Attorney Byers submitted a negotiated clause for the Council's approval regarding demolition of buildings, giving the City the first right of refusal. After some discussion Councilor Potasnik moved to amend the ordinance and Exhibit A to include the language "heirs" and "assigns." The motion was seconded by Councilor Snyder. Councilor Fleming voted nay and all other members voted aye. The motion to amend passed by a majority vote. Councilor Quinn moved to amend Exhibit A to allow the City the opportunity to purchase the property under existing state statute as it would apply at the time of the sale. If the City declined to purchase, the owner would have the option to do whatever they wanted with the building including demolition. The motion was seconded by Councilor Kendall. Councilor Story said he like the original Exhibit A and offered that rather than the amendment. Councilors Kendall and Quinn voted aye for the amendment. Councilors Fleming, Snyder, Story and Potasnik voted nay. The amendment failed to pass. Councilor Quinn moved to approve D-1118 with exhibit A. Councilor Story seconded the motion. The Mayor called for the question on D-1118. Councilor Fleming voted nay and all other members voted aye. Ordinance D-1118 passed by a majority vote. Councilor Quinn made a motion to approve Ordinance D-1119. Councilor Story seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING & PUBLIC HEARING/ORDINANCE C-176 ANNEXATION OF Councilor Quinn made a motion to introduce and ASHMORE TRACE: dispense with reading of Ordinance C-176 Annexation of Ashmore Trace. Councilor Snyder seconded the motion. Mayor Johnson opened the Public Hearing at 9:15 P.M. Hearing and seeing no one who wished to speak the Public Hearing was closed. Councilor Quinn made a motion to suspend the rules and act on Ordinance C-176 tonight. Councilor Potasnik seconded the motion. Mayor Johnson called for the question of suspension. All members voted aye. Motion passed. Councilor Quinn moved to adopt Ordinance C-176. Councilor Potasnik seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING & PUBLIC HEARING/ORDINANCE C-178 ANNEXATION OF U.S. Councilor Quinn made a motion to introduce HIGHWAY 31 CORRIDOR: Ordinance C-178 Annexation of U.S. Hwy 31 Corridor and dispense with the reading. Councilor Snyder seconded the motion. Attorney Byers gave an overview of the annexation with maps of the area, charts showing expenditures and revenues involved with the project and explained the Fiscal Plan which requires adoption prior to the annexation. He explained when services would be required and when revenues could be expected. Fiscal Consultant Keith Gambrel spoke further in regards to the Fiscal Plan of the annexation. After some discussion Mayor Johnson opened the Public Hearing at 10:25 P.M. Seeing and hearing no one who wished to speak the Public Hearing was closed. FIRST READING ORDINANCE C-177/FISCAL PLAN ESTABLISHING POLICY FOR Councilor Quinn made a motion to introduce PROVISION OF SERVICES: Ordinance C-177 the Fiscal Plan establishing Policy for Provision of Services and dispense with the reading. Councilor Story seconded the motion. Ordinance C-177 will return for the second reading at the next meeting. RESOLUTIONS CC10-17-94-01/TRANSFER 1994 COMMUNICATION CENTER BUDGET//CC10-17-94-02/TRANSFER 1994 COMMUNICATIONS CENTER BUDGET//CC10-17-94-03/TRANSFER 1994 CUM CAP IMPROVEMENT BUDGET: Councilor Story moved to approve Resolutions CC10-17-94-01, CC10- 17-94-02 and CC10-17-94-03. Councilor Snyder seconded the motion. CC10-17-94-01 Communications from #100 to #350 $1,000 #380 750 #390.99 500 #407 130 #430.02 500 #501 600 #515 2,000 #552 25 #582 300 #650.01 6,400 CC10-17-94-02 Communications from #475 to #509 $7,500 CC10-17-94-03 Cum Cap Improve from #622 to #509 $57,000 Councilor Quinn objected to purchasing a vehicle at the end of the lease and did not feel this was the best use of money and not a wise investment. Mayor Johnson explained that these transfers are to balance up accounts and to make sure there is enough money in these accounts for upcoming projects. Councilor Story stated with the life expectancy of 2-3 more years on the vehicle that the buyout wasn't such a bad deal. Councilor Quinn requested that each resolution be voted on separately. Mayor Johnson called for the vote on CC10-17-94-01. Three members voted aye, Councilors Potasnik and Quinn voted nay, and as Councilor Kendall had left the meeting the resolution passed by a majority vote. Mayor Johnson called for the vote on CC10-17-94-02. All members voted aye. Motion carried. Mayor Johnson called for the voted on CC-10-17-94-03. All members voted say aye. Motion carried. FIRST READING ORDINANCE D-1121/PLANTING & REMOVAL TREE & SHRUB Councilor Quinn moved to introduce Ordinance D-1121 REGULATIONS: Planting and Removal of Tree and Shrub Regulations. Councilor Snyder seconded the motion. Councilor Quinn thought that City Council was to be out of the tree regulation business entirely, that the Attorney was to draw an Ordinance that gave the Board of Works full authority and to strip the City Code of any overlapping ordinances. Attorney Byers explained that this ordinance makes all the rules and regulations subject to the Board of Works authority but enforcement has to come from City Council. Councilor Story moved to suspend the rules and act on Ordinance D- 1121 this evening. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members present voted aye except for one nay by Councilor Quinn who stated that there are comments coming from the Chamber of Commerce. Motion did not pass. FIRST READING ORDINANCE D-1123/AMENDMENT TO GENERAL FUND 1994 Councilor Potasnik moved to introduce Ordinance D-1123 BUDGET: Amendment to General Fund 1994 Budget. Councilor Quinn seconded the motion. Clerk Jones pointed out that if the General Fund is amended by Ordinance it would reduce the maximum levy. Mayor Johnson said that it would increase the operating balance, not reduce the maximum levy. Clerk Jones suggested it be done by resolution rather than ordinance form so that it does not affect the maximum levy. Ordinance D-1123 will return to next Council Meeting in resolution form. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ________________________________ Approved, _______________________________ Attest: ________________________________