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HomeMy WebLinkAboutCCM-10-16-95CARMEL CITY COUNCIL OCTOBER 16, 1995 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, Alan Potasnik, Tom Kendall, Luci Snyder and Chris Painchaud. City Attorney Gordon Byers and Deputy Clerk-Treasurer Anne Hartman were also in attendance. PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS AND EMPLOYEES: Mayor Johnson recognized outstanding citizen Jean Deeds for finishing a hike of 2,145 miles, the Appalachian Trail, on September 26, 1995 and gave her a key to the City. APPROVAL OF MINUTES: Councilor Kendall moved to approve the minutes of October 2, 1995, Executive Session and Special Meeting of October 9, 1995. Councilor Snyder seconded the motion. The minutes were approved as submitted by unanimous consent. APPROVAL OF CLAIMS: Councilor Kendall moved to approve the following claims. Councilor Potasnik seconded the motion. 09/25/95 $ 28,173.23 09/27/95 421,125.74 10/01/95 26,734.45 10/04/95 605,491.09 Councilor Kendall stated his objection to coffee for employees being purchased by promotional funds or gift funds, as was done by the police department in claims dated October 4, 1995. Mayor Johnson called for the question on claims. All members voted aye. Motion passed. COMMITTEE REPORTS: Alan Burns, President of the Economic Development Commission , stated he had been asked by the Mayor to consider updating the Carmel video that is used as an EDC tool to show the quality Carmel has to offer. Omni Productions has offered to update it and make it as timeless as possible for $30,000 and EDC has approved $10,000 from their fund and solicited Council to consider helping fund the project as well as private entities and encouraged council members, Mayor, Chamber and Alliance to have a roll in it; and, invited bids from other Carmel video production companies. Sam Rincker, of Carmel Clay Park Board , gave an update of offerings by Parks, bus trips to Chicago, Circle Centre Mall, Halloween events for children, bridge instruction and creative photo preservation. SECOND READING ORDINANCE D-1185/AUTHORIZE TRANSFER OF MONEY FROM NON-REVERTING CAPITAL FUND TO PARKS BOARD: Councilor Painchaud moved to approve Ordinance D-1185, authorizing the transfer of money form the Non-Reverting Capital Fund to the Parks Board to use as earnest money for the purchase of property for a park. Councilor Kendall seconded the motion. Councilor Kendall, while citing many reasons why this should be approved, money budgeted already, diminishing opportunities to purchase large pieces of property, studies show majority of people have interest in more parks, 2020 study reconfirmed and as Quinn pointed out to him, infrastructure could be more expensive than parks, stated his concerns for transferring the money as there is a lack of a plan for development of the property and no idea of how much it will cost to develop, people are not using the current parks, would like to see more neighborhood parks rather than larger central parks, cited the Vargus study which finds only 31.5% who responded to the survey would support the expenditure for the land acquisition in that case, only 3.5% were willing to pay whatever it takes to have parks and feared that this money would be used for the beginning the purchase of three parks which he would not favor at all. Councilor Painchaud stated earnest money does nothing more than go into an escrow account of a willing seller and negotiations begin; after purchase agreement is approved it is subject to public financing, which council has to approve, this allows city to enter into an agreement in good faith but can withdraw if offer becomes too costly, or if Parks starts bidding on other properties; and, stated this ordinance did not bind council into spending money if found inappropriate, there would be no long term commitment if passed, but since there are few opportunities for land acquisition, if not approved, it would make a long term decision against park acquisition. David Carter, President of Parks Board, stated it was not the intention of the Park board to use the money other than for the property that was presented at the executive session and that the Board is under pressure from the 2020 process and national standards to increase the park space in Carmel. Sam Rincker stated there was no plan in place for development for the board had to look at each and every aspect and it was not an easy task, and is confident that the Park Board would spend the money wisely and develop a nice park. Councilor Fleming stated he felt 1,100 people do not make up a good census, people do not seem to want parks, goes by different parks different times of the day and does not see the available parks being utilized. Councilor Painchaud reiterated this is a low risk proposition and council can change their minds right up to the last minute. Mayor Johnson called for the question. With the vote 3-2 in favor, Councilors Fleming, Snyder and Painchaud voting aye, Councilors Potasnik and Kendall voting nay, motion was continued to next meeting as there was not a simple majority. 2 Ordinance will return for a third reading on November 6, 1995. SECOND READING ORDINANCES A-79/1996 WATER UTILITY BUDGET & S-62/ 1996 SEWER UTILITY BUDGET: Councilor Kendall moved to approve Ordinance A-79, 1996 Water Utility Budget and S-62, 1996 Sewer Utility Budget. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE D-1183/CLAIM PAYMENTS IN ADVANCE OF BOARD ALLOWANCE AMENDMENT: Councilor Snyder moved to approve Ordinance D- 1183, Claim Payments in Advance of Board Allowance amendment. Councilor Kendall seconded the motion. Councilor Potasnik moved to amend the ordinance by inserting the proper code citing. Councilor Snyder seconded the motion. Mayor Johnson called for the question on the amendment. All members voted aye. Motion passed. Councilor Snyder moved to adopt Ordinance D-1183. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. AGENDA AMENDMENT: Upon the recommendation of Mayor Johnson, Councilor Kendall made a motion to move item 10c to next on agenda. Councilor Fleming seconded the motion. Agenda was amended by unanimous consent. FIRST READING & PUBLIC HEARING ORDINANCE Z-308/REZONE SCHNEIDER REAL ESTATE AT 103RD & PENNSYLVANIA FROM R-1 TO B-7: Councilor Fleming moved to introduce and dispense with the reading of Ordinance Z-308, rezone of 1.8 acres at the northeast corner of 103rd and Pennsylvania from R-1 to B-7. Councilor Potasnik seconded the motion. Dave Coots, attorney for the petitioner, explained the rezone, stating it was in compliance with the comprehensive plan and the covenants would bind future property owners to the restrictions set forth. Mayor Johnson opened the Public Hearing at 8:18 P.M. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 8:18 P.M. Councilor Potasnik moved to suspend the rules and act on Ordinance Z-308 tonight. Councilor Snyder seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. 3 Mayor Johnson questioned future annexation. Mr. Coots stated he will provide consent to annexation. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING & PUBLIC HEARING S-61/SEWER RATE ADJUSTMENT: Councilor Kendall moved to approve Ordinance S-61, Sewer Rate Adjustment. Councilor Potasnik seconded the motion. City Attorney Gordon Byers, stated for the record, adherence to state statutes, publication, public notice and notification of sewer users outside corporate limits. Fiscal Consultant Keith Gambrel explained the need for the increase, that Carmel will still have one of the lowest rates around and the three (3) districts that purchase at wholesale rates charge higher rates that this. Mayor Johnson opened the Public Hearing at 8:29 P.M. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 8:29 P.M. Councilor Painchaud questioned whether this rate funds the capital improvements and repairs for an aging sewer system or will another adjustment have to be made soon. Utilities Manager Jim Dougherty stated this was taken into account and was adjusted for. Mayor Johnson called for the question. All members voted aye. Motion passed. FIRST READING & PUBLIC HEARING ORDINANCE Z-309/SWIMMING POOL ACCESSORY USE AMENDMENT: Councilor Kendall moved to introduce and dispense with the reading of Ordinance Z-309, Swimming Pool Accessory Use amendment. Councilor Potasnik seconded the motion. Gordon Byers had passed out an amended ordinance which combined the Swimming Pool Accessory Use and the original amendment of Accessory Building and Uses, which incorporated swimming pools and explained the amendment now contains accessory uses which allows location of pools on double fronted lots, it changes the swimming pool standard to allow a five (5) foot fence or an automatic pool cover, which is the state standard, and does not include the landscaping barrier amendment that Councilor Story put forth as Plan Commission and the Department of Community Development felt it was unenforceable as written. The Public Hearing was opened at 8:40 P.M. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 8:40 P.M. 4 After some discussion clarifying the intent of the ordinance, Mayor Johnson stated it is his intention to veto the ordinance if approved as he disagrees with DOCD and the state of Indiana over the Home Rule issue. Ordinance Z-309 will return for a second reading November 6, 1995. SECOND READING & PUBLIC HEARING ORDINANCE D-1177/ELECTED OFFICIALS' SALARIES 1996 THROUGH 1999: Councilor Snyder moved to approve Ordinance D-1177, Elected Officials' Salaries 1996 through 1999. Councilor Kendall seconded the motion. Councilor Snyder spoke against the ordinance stating it was absurd and inadequate, the chief executive is on call 24 hours a day, whenever an emergency arises, the mayor is there; disagreed bringing the judge and clerk-treasurer up to the level of mayor, spoke against increase for council as this should be a volunteer position, and spoke in favor of Alan Potasnik's alternative solution which was presented to council before start of meeting. Councilor Potasnik, citing the large change in elected government officials coming up, spoke in support of an amendment he was proposing by keeping the mayor and clerk at same level as both are just starting out, the clerk is a full time job and the position should pay more than the judge, the court is no longer a court of record, and since council is a part time position, no one should serve on council due to compensation but rather out of duty; and, as these are positions of community service, suggested token increases of 1.1% to 1.2% for mayor and council, raising the clerk higher than the city court judge with 3.2% to 3.25% increases and giving the judge smaller increases. City Attorney Gordon Byers, upon questioning, stated, to raise any salary the ordinance would have to be readvertised with the higher rate; and, advised deleting committee members from ordinance and deleting mayor and clerk-treasurer from receiving $50 per meeting. After some further clarification by Gordon Byers, Councilor Painchaud moved to continue Public Hearing until the first meeting after 30 days publication with the advised amendments. Councilor Kendall seconded the motion. Councilor Kendall stated the platform that Jim Brainard ran on was that there was no intent to raise the mayor's salary and questioned Jim Brainard if this was true, did he wish to hold the salary at the 1995 level through 1999. Jim Brainard so acknowledged. Councilor Kendall stated the need to readvertise is removed. Councilor Painchaud withdrew his motion and Councilor Kendall withdrew his second. 5 Councilor Kendall moved to revise the salaries as recommended by Councilor Potasnik (see revision attached to original minutes) except hold the mayor at $2,266.85 through 1999 and strike out advisory committee members from title and paragraph one, strike "Mayor, Clerk and" from paragraph three, strike "and the Clerk" later same paragraph and strike paragraphs four and five. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. Mayor Johnson then took back the vote as the public hearing had not been held yet. Mayor Johnson opened the Public Hearing at 9:16 P.M. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 9:17 P.M. Mayor Johnson again called for the question. All members voted aye. Motion passed. FIRST READING & PUBLIC HEARING ORDINANCE D-1182/ADDITIONAL APPROPRIATION/$39,000/CUMULATIVE CAPITAL DEVELOPMENT: Councilor Painchaud moved to introduce and dispense with the reading of Ordinance D-1182, an additional appropriation in the amount of $39,000 for the Cumulative Capital Development Fund. Councilor Kendall seconded the motion. Mayor Johnson explained these funds are for engineering necessary to prepare bid for Infrastructure Improvements of 1st Avenue NW. Mayor Johnson opened the Public Hearing at 9:18 P.M. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 9:18 P.M. Councilor Kendall moved to suspend the rules and act on D-1182 tonight. Councilor Fleming seconded the motion. Mayor Johnson called for the question on suspension. All members voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members voted aye. Motion passed. FIRST READING ORDINANCE A-80/PROTECTION OF AQUIFER: Mayor Johnson withdrew Ordinance A-80, Protection of Aquifer. RESOLUTIONS CC10-16-95-01 THROUGH CC10-16-95-05/TRANSFERS WITHIN 1995 BUDGETS: Councilor Painchaud moved to approve the following transfers within respective 1995 budgets. Councilor Snyder seconded the motion. Law Enf Aid V from account 509 to 632-01 $5,000 Court 630 to 632 .02 380 6 550 to 632.01 1,595 419.52 to 640 1,900 Board of Public Works 470 to 580 415.70 Clerk-Treasurer 110 to 120 2,000 110 to 220 1,200 110 to 300 600 110 to 455 500 110 to 632.02 400 Mayor 301 to 220 388.64 Mayor Johnson called for the question. All members voted aye. Motion passed. OTHER BUSINESS: Mayor Johnson stated he will be bringing a resolution to the next meeting for Council's approval regarding the Memorandum of Understanding. Mayor Johnson also stated he had handed out prior to the meeting the Agreement on the 96th Street Project Cap from Indianapolis and that there is a meeting this next Friday to discuss. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, ____________________________________ Approved, ____________________________________ Attest: ______________________________ 7