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