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HomeMy WebLinkAboutCCM-02-21-94CARMEL CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1994 7:00 P.M. COUNCIL CHAMBERS/ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Councilors in attendance were Frank Fleming, James Quinn, Alan Potasnik, Tom Kendall, Luci Snyder, Chris Painchaud and Tim Story. City Attorney Gordon Byers and Clerk-Treasurer Susan Jones were also in attendance. Councilor Quinn made a motion to approve the minutes of MINUTES: February 7, 1994. The motion was seconded by Councilor Fleming. Councilor Painchaud abstained from voting. All other members voted aye. Motion carried. Richard Frost, 507 CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Stonehedge Drive, stated it was his belief that the Mayor and City Council members were due a refund from social security. Frost also stated that it was his belief that neither the Mayor or the Council should be paying into social security. Frost offered to file the necessary papers for a refund for the Council and the Mayor. Major Etter introduced two sales people from Telcast, a reverse 911 system, and they gave a demonstration of the system. Councilor Kendall made a motion to approve the following CLAIMS: claims. The motion was seconded by Councilor Snyder. All members voted aye. Motion carried. Claims dated 2/8/94 in the amount of $1,231,436.63 Claims dated 2/8/94 in the amount of $ 400,332.29 Judy Jacobs gave a brief summary of current and PARK BOARD REPORT: proposed park activities. SECOND READING/ORDINANCE D-1042/ESTABLISHING A CAPITAL IMPROVEMENTS FUND FOR EMERGENCY AMBULANCE SERVICE/and CITY AND TOWNSHIP AGREEMENTS FOR FIRE, ZONING AND COMMUNICATIONS/REPORT FROM CITY Councilor Quinn made a motion to move these two items on ATTORNEY: the agenda until a later time in the meeting when the City Attorney would be present. The motion was seconded by Councilor Snyder. All members voted aye. Motion carried. SECOND READING/ANNEXATION ORDINANCE C-171/BAYVIEW SUBDIVISION: Councilor Quinn moved to adopt Ordinance D-171. The motion was seconded by Councilor Painchaud. Councilor Potasnik called for the question. All members voted aye. Ordinance C-171 passed unanimously. SECOND READING/ORDINANCE D-1049/ADDITIONAL APPROPRIATION/MVH FUND Councilor Kendall $292,550/CCI FUND $110,000/CCS FUND $112,000: made a motion to amend Ordinance D-1049 to delete line item #605 in the amount of $165,000 from the MVH Fund additional appropriation request. The motion was seconded by Councilor Potasnik. Councilor Quinn gave a brief presentation of spening over the last 10 years adjusted to 1987 dollars. Councilor Quinn stated in 1983 the spending per capita was $299 and in 1994 (based on the budget and not including additional appropriations) the spending per capita will be $623. Councilor Quinn stated that spending in 1993 was up 17%. The Mayor responded that Cumulative Capital Improvment and Cumulative Capital Sewer Funds do not come under the tax rate. The Mayor also stated that spending may have been up because of the pension funds and that was not addressed in the POLIS report. The Mayor said he did not have the opportunity to look at Councilor Quinn's figures so he could respond properly. Councilor Snyder then moved to approve Ordinance D-1049. The motion was seconded by Councilor Kendall. All members voted aye. Ordinance D-1049 passed unanimously. SECOND READING/ORDINANCE D-1050/ADDITIONAL APPROPRIATION/GENERAL Councilor Kendall moved to approve Ordinance D-1050. FUND $15,000: The motion was seconded by Councilor Snyder. Mayor Johnson re-stated the need for this appropriation. The $15,000 would be needed to pay for the re-cycling program located at the Street Department. Councilor Story said the appropriation constituted a .08% increase in the tax rate and thought it was a good use of the money. Mayor Johnson called for the question. Councilor Quinn voted in opposition to the ordinance. All other Councilors voted aye. Ordinance D-1050 passed unanimously. SECOND READING/ORDINANCE D-1048/AN ORDINANCE ESTABLISHING A CUMULATIVE NON-REVERTING FUND FOR SELF-INSURANCE MEDICAL PLAN: Councilor Painchaud moved to approve Ordinance D-1048. The motion was seconded by Councilor Snyder. Councilor Quinn moved to amend Section 1 of the Ordinance requiring a copy of the master plan and all subsequent amendments to be kept on file with the Clerk-Treasurer's office. The motion was seconded by Councilor Kendall. All members voted aye. The amendment passed unanimously. Councilor Story made a motion to insert the word "benefit" between the words "comprehensive" and "plan" in Section 1. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. The amendment passed unanimously. Councilor Painchaud made a motion to amend Ordinance D-1048 by eliminating paragraph (b) in Section 5 and re-naming paragraph (c) to (b) and changing the word "third" to "second". The motion was seconded by Councilor Kendall. Much discussion took place concerning this proposed amendment. Councilor Kendall said he was in favor of section (a) that would allow for the build up of reserves and favored section (c) that allowed for a reduction of premiums but was not in favor of section (b). Councilor Kendall said it left the plan open and was too open ended. Councilor Painchaud concurred with Councilor Kendall. Councilor Quinn offered a substitute amendment that changed paragraph (b) to allow for the City Council to administer the reserve funds rather than the Board of Public Works. Councilor Quinn said the way the Board of Works minutes are now being done, the Council would not have the opportunity to even know what is happening with the plan. Councilor Quinn said he felt it was a fiscal matter and questioned the Board of Public Works being able to possibly add a benefit such as plastic surgery or abortion. Councilor Story spoke in favor of the ordinance as written citing flexability especiall in light of the proposed Clinton health plan. Councilor Snyder called for the vote on the original motion made by Councilor Painchaud. Councilors Snyder, Fleming, Quinn, Story and Potasnik voted nay. Councilors Kendall and Painchaud voted aye. The motion was defeated. Councilor Quinn made a motion to amend Section 5 paragraph (b) to change "Board of Public Works" to "City Council." The motion was seconded by Councilor Kendall. Mayor Johnson said he did not believe this to be a legislative matter and did not like sharing responsibility. The Mayor told the Council that if this is the way they wanted it, to substitute the words "Plan Administrator" with the City Council throughout the entire ordinance. The Mayor said he challenged the authority of the Council to control the 25% of the employees contributions to the plan in the first place. The Mayor said he was not going to be irresponsible and called for the question. Councilors Quinn and Kendall voted aye. Councilors Snyder, Story, Painchaud, Potasnik and Fleming vote nay. The amendment was defeated. Mayor Johnson called for the question on the ordinance. Councilor Quinn voted nay. All other members voted aye. Ordinance D-1048 passed by a majority vote. SECOND READING/ORDINANCE D-1051/CANCELLATION OF COUNCIL MEETINGS: Councilor Quinn called for the immediate adoption of ordinance D- 1051. The motion was seconded by Councilor Kendall. Councilor Snyder read a statement concerning her opposition to the ordinance. Councilor Snyder thought only one person should be able to cancel a meeting. Councilor Potasnik called for the question. Councilor Snyder voted nay. All other members voted aye. Ordinance D-1051 passed by a majority vote. SPECIAL NON-REVERTING FUND FOR AMBULANCE FEES AND TOWNSHIP Gordon Byers did not have anything to report on these CONTRACTS: two matters. The township was meeting on February 22, 1994 for this purpose and Byers was hoping to have something to report by the first meeting in March. Councilor Painchaud moved to postpone these two items until the next regularly scheduled meeting of the Council. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. PUBLIIC HEARING/PETITION FOR VACATION OF PUBLIC WAY OR PLACE (ALLEY) OF RUTH SANDERS AND VERA BAILEY/Common Address: 220 Second Mayor Johnson opened the meeting at 9:19 p.m. for a Street, SW: public hearing. Arvin Foland, attorney for the petitioner, Ruth Sanders explained the petition for vacation of the alley. Mr. Foland said notices were sent certified mail to adjoining property owners and there were no objections. Foland also stated a notice of the hearing was published in the proper newspaper. The Mayor, hearing no comments from the public, closed the public hearing. Councilor Quinn made a motion to direct the petitioner to prepare an ordinance, in proper form, and have the ordinance placed on the agenda. Councilor Quinn also moved to have the hearing left open until the next meeting. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. Councilor Quinn also suggested that Mr. Foland bring back a map or slide presentation so the Council could actually see the parcel of land the petitioner wanted the City to vacate. PUBLIC HEARING AND FIRST READING/ORDINANCES D-1052, D-1055, D-1056, D-1053, D-1047 AND D-1046/ADDITIONAL APPROPRIATIONS IN MVH FUND $157,000/GENERAL FUND $7,800 & $300,000/CCI FUND $11,000/LOCAL ROADS AND STREETS FUND $109,000/DNR-TREE CITY USA FUND $32,000: Councilor Paincaud made a motion to introduce Ordinances, D-1052, D-1055, D-1056, D-1053, D-1047 and D-1046 and suspend the rules for reading of the same. The motion was seconded by Councilor Quinn. Mayor Johnson gave a brief description and outline of the additional appropriation requests. Mayor Johnson then opened the meeting to the public calling for comments, objections and/or questions. Dick Frost, a Carmel resident, asked Mayor Johnson about revenues and questioned where the money was coming from to support the additional appropriations. Mayor Johnson told Mr. Frost the money was from the operating balance and the excess monies were unspent monies left over from 1993. Hearing no other comments, the Mayor closed the public hearing. Second reading on all the ordinances will be at the next Council meeting. Mayor FIRST READING/ORDINANCE D-1061/HOLIDAY PAY ORDINANCE: Johnson said he would have something to offer at the next Council meeting and needed to meet with Councilor Quinn. Councilor Story made a motion to postpone this item on the agenda. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. FIRST READING/ORDINANCE D-1059/RECODIFICATION OF 4TH QUARTER 1993 Councilor Potasnik made a motion to introduce Ordinance CITY CODE: D-1059 and suspend the rules for reading of the same. The motion was seconded by Councilor Quinn. All members voted aye. Councilor Quinn then made a motion to suspend the rules and act on D-1059 tonight. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. After much discussion, Councilor Quinn made a motion to move forward with the actual codification of Ordinance Z-289 and to include the comprehensive plan, map, subdivision control ordinance and sign ordinance by reference only. The motion was seconded by Councilor Kendall. All members voted aye. Motion carried. REQUEST FOR ADDITIONAL APPROPRIATION/CUMULATIVE CAPITAL DEVELOPMENT The Mayor stated this item had already been taken FUND/$165,000: care of and was outlined in a letter. The Mayor gave a brief summary DISCUSSION OF ANNEXATION PROGRAM: of his annexation proposal to the Council. The Mayor stated this would be a major undertaking. Councilor Potasnik stated h DRAINAGE STUDY: TRANSFER OF FUNDS/COMMICATIONS CENTER: There being no further business before the Council the meeting was duly adjourned. Respectfully submitted: ___________________________________ Susan W. Jones, Clerk-Treasurer Approved: ____________________________________ Mayor Ted Johnson Attest: ____________________________________ Susan W. Jones, Clerk-Treasurer