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HomeMy WebLinkAboutCCM-07-17-95CARMEL CITY COUNCIL JULY 17, 1995 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE The Carmel City Council meeting was brought to order by Mayor Ted Johnson. Members in attendance were Frank Fleming, Jim Quinn, Alan Potasnik, Tom Kendall, Luci Snyder, Chris Painchaud and Tim Story. City Attorney Gordon Byers, Clerk-Treasurer Susan Jones and her deputy, Anne Hartman, were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS: Mayor Johnson honored the major contributors and all committee members who helped make Carmelfest a success this past July 4th. APPROVAL OF MINUTES: Councilor Snyder moved to amend the minutes of June 19, 1995 by correcting on page two (2) "Jeff Burton" to "Jeff Burt". Councilor Painchaud seconded the motion. The minutes of June 19th were approved as amended by consent. With Councilors Story and Quinn abstaining from voting on July 10, 1995 minutes due to absence, minutes were approved as submitted. APPROVAL OF CLAIMS: Councilor Quinn moved to approve the following claims. Councilor Kendall seconded the motion. 07/01/95 $ 26,448.99 07/06/95 422,274.32 07/06/95 15,000,000.00 Mayor Johnson called for the question. All members voted aye. Motion passed. SPECIAL REPORTS: Mayor Johnson reported the Carmel Water Plant tied the record on Wednesday with 7,700,000, Thursday 7,500,000 and a new record Friday of 9,135,000 gallons of water, with pressure staying up and supply okay. AGENDA AMENDMENT: Councilor Story moved to amend the agenda by moving item 9d to 9b. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members voted aye. Motion passed. SECOND READING ORDINANCE Z-304/ACCESSORY BUILDING & USES AMENDMENT: Councilor Quinn moved for the adoption of Ordinance Z-304, Accessory Building and Uses Amendment. Councilor Snyder seconded the motion. Councilor Story moved to amend section 5.3.2 (1) to read "walls, fences or barrier landscaping deemed to be of sufficient magnitude to provide a complete field around the swimming pool, irrespective of height, when used in combination with a safety pool cover which [here include A through E as currently written under (4)]; or, walls or fencing which are at least 5 feet tall and deemed to be impenetrable by the enforcing authority, except for areas of doors or latching gates, both of which must be capable of being locked." Councilor Story, citing several residents not in compliance with City Code as it is currently written, stated, nor would they be in compliance without the amendment, and that this amendment, while more stringent than State Code, offered more safety. Councilor Kendall seconded the motion. Discussion ensued regarding enforceability, comparison to State Code and intent of ordinance. Councilor Quinn suggested amending Councilor Story's amendment by inserting (4) striking "in conjunction with (1), (2) or (3) a" and replace with "or a safety pool cover may to used provided that:..." Councilor Story expressed concern for safety with that proposal. Councilor Potasnik cautioned against wording such as "barrier landscaping" which could be interpretive. Mayor called for the question on the amendment. All members voted aye except Councilors Snyder and Potasnik. Amendment passed by a majority. Councilor Quinn moved to table Ordinance Z-304 until the next meeting so that the Clerk-Treasurer may issue an amended ordinance for approval. Councilor Fleming seconded the motion. With Councilor Potasnik voting nay, all others voted aye. Motion passed by a majority. Councilor Story left the meeting. SECOND READING ORDINANCE D-1158/CLERK-TREASURER 1996 SALARIES: Councilor Quinn moved to approve Ordinance D-1158, 1996 Clerk-Treasurer Salaries. Councilor Snyder seconded the motion. City Attorney Gordon Byers stated after speaking with the Clerk-Treasurer and with the State Board of Accounts, the Clerk has agreed to an amendment of up to a maximum of $1,084.11 bi-weekly for Deputy Clerk-Treasurer, which would be in line with both judicial and prior ordinances. Councilor Quinn questioned if council acted on the amendment would the Clerk feel relieved of her promise to previous legislative body, and since that was the case, Councilor Quinn so moved to amend the salary to read $1,084.11. Councilor Snyder seconded the motion. Councilor Kendall questioned whether council could raise that amount by the cost of living that the City Employees Salary ordinance contains. Councilor Quinn and Attorney Byers explained that ordinances submitted by the Mayor, Clerk- 2 Treasurer and Judge cannot be raised without consent of the respective elected officer, they can only be lowered. Mayor Johnson called for the question on the amendment. All members present voted aye. Motion passed. Mayor Johnson called for the question on the ordinance. All members present voted aye. Motion passed. SECOND READING ORDINANCE Z-305/FILING FEES AMENDMENT: Councilor Quinn moved the adoption of Ordinance Z-305, Filing Fees Amendment. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members present voted aye. Ordinance passed. SECOND READING ORDINANCE D-1152/REESTABLISH CUMULATIVE CAPITAL SEWER FUND: Councilor Quinn moved for the adoption of Ordinance D-1152, Reestablishment of the Cumulative Capital Sewer Fund. Councilor Painchaud seconded the motion. Mayor Johnson called for the question. All members present voted aye. Ordinance passed. SECOND READING ORDINANCE D-1161/COURT 1996 SALARIES: Councilor Painchaud moved for the adoption of Ordinance D-1161, 1996 Court Salaries. Councilor Quinn seconded the motion. Mayor Johnson called for the question. All members present voted aye. Ordinance passed. AGENDA AMENDMENT: Councilor Quinn moved to amend the agenda by moving item 9f to 10d. Councilor Kendall seconded the motion. Mayor Johnson called for the question. All members present voted aye. Motion passed. FIRST READING & PUBLIC HEARING ORDINANCE Z-302/SIGN ORDINANCE AMENDMENT: Councilor Quinn moved to introduce and dispense with the reading of Ordinance Z-302, Sign Ordinance Amendment. Councilor Snyder seconded the motion. Following the breakdown of the changes by Terry Jones, Mayor Johnson opened the Public Hearing at 8:09 pm. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 8:10 pm. Ordinance Z-302 will return for a second reading on August 7, 1995. FIRST READING AND PUBLIC HEARING ORDINANCE Z-306/REZONE OF PROPERTY AT MERIDIAN AND 103RD FROM B-5 TO B-6: Councilor Kendall made a motion to introduce 3 and dispense with the reading of Ordinance Z-306, rezone of property at Meridian and 103rd from B-5 to B-6 for a Signature Inn. Councilor Quinn seconded the motion. Jim Nelson, attorney for the petitioner, gave an overview of the request stating it has unanimous approval of the Plan Commission, is consistent with the comprehensive plan, and provides for a building classification and land use that is common with the Meridian corridor and this part of Carmel. Mayor Johnson opened the Public Hearing at 8:20 pm. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 8:20 pm. Councilor Kendall questioned traffic flow figures and parking spaces versus number of rooms. Pat Taylor, Director of Development for Signature Inns and resident of Carmel, stated the development plans are not complete and still are pending ADLS approval but there is sufficient land to add more parking spaces if needed. Councilor Quinn, citing no remonstrance at Plan Commission, moved to suspend the rules and act on Ordinance Z-306 tonight. Councilor Fleming seconded the motion. Mayor Johnson called for the question. With Councilor Potasnik voting nay, all other members present voting aye, motion failed. Second reading of Ordinance Z-306 will be on August 7, 1995. with corrections to traffic flow figures supplied by Mr. Nelson. FIRST READING AND PUBLIC HEARING ORDINANCE D-1162/ADDITIONAL APPROPRIATION/$50,000/STREET DEPARTMENT: Councilor Painchaud moved to introduce and dispense with the reading of Ordinance D-1162, an additional appropriation in the amount of $50,000 for the Street Department. Councilor Kendall seconded the motion. Mayor Johnson explained that these funds were needed to cover projects for four (4) intersections as the bid amounts received for the projects exceed the previous appropriation. Mayor Johnson opened the Public Hearing at 9:32 pm. Hearing and seeing no one who wished to speak, the Public Hearing was closed at 9:32 pm. Councilor Quinn moved to suspend the rules and act on Ordinance D-1162 this evening. Councilor Snyder seconded the motion. Mayor Johnson called for the question. All members present voted aye. Motion passed. Councilor Quinn moved the adoption of Ordinance D-1162. Councilor Fleming seconded the motion. 4 Mayor Johnson called for the question. All members present voted aye. Ordinance passed. SECOND READING ORDINANCE D-1159/CITY EMPLOYEE 1996 SALARY ORDINANCE: Councilor Kendall moved to approve Ordinance D-1159, 1996 City Salary Ordinance. Councilor Potasnik seconded the motion. Councilor Kendall stated the ordinance needs work and suggested an amendment that would include department heads, for instance, receive no cost of living raise; the Plan Commission Secretary not receive a 26% increase but rather the 3.3% cost of living raise; the Communications Technician receive no raise as that position was already increased considerably this year; citing the lack of an employee manual that was promised 3½ years ago so that benefits would not have to be addressed by ordinance, asked that a review of employee benefits be undertaken to be on par with the private sector; and, sought Council input to these comments and suggestions. Councilor Quinn spoke in favor of discussion of freezing salaries through the end of 1996 for civilian employees citing exorbitant salaries paid to city employees, especially to secretarial and administrative staff. Councilor Potasnik spoke in favor of reviewing the salary ordinance with a lot of thought and study but not in favor of simply slashing salaries, and would like to see council take some positive action, drawing something up that the next council can take direction from. Councilor Kendall moved to amend the ordinance by changing the Plan Commission/BZA Secretary to 1995 salary plus 3.3% cost of living raise. Councilor Potasnik seconded the motion. Councilor Painchaud spoke against the motion, not the idea, and would like a special meeting called for council to analyze the salary ordinance in depth for overpayments and inconsistencies and would not like to make a hasty decision regarding same. Councilor Snyder spoke in favor of the highly paid police and fire department and believes that council cannot gather all the information needed to go through the ordinance in two weeks. Councilor Potasnik stated rather than go through line item by line item, have the experience of this council make some hard decisions to pass to the new council for their review. Councilor Kendall stated council needs to make difficult decisions and this salary ordinance needs to be addressed and the easy way out would be to pass this ordinance as is. Mayor Johnson called for the question on the amendment of Plan Commission Secretary. With Councilors Painchaud, Snyder and Fleming voting nay, Councilors Quinn, Kendall and Potasnik voting aye, Mayor Johnson broke the tie by voting nay. Motion was defeated. Councilor Quinn questioned if council defeated this ordinance would the current ordinance be in place. 5 City Attorney Gordon Byers stated he would have to reserve as the statute clearly states the ordinance has to be passed by September. Councilor Snyder stated this was not the time to object to salary the ordinance, this ordinance should be passed and that council should work on making a recommendation to the next council to let them do their job. Councilor Painchaud spoke in favor of the ordinance stating two (2) weeks was not long enough to thrash it out. Councilor Kendall questioned Councilor Snyder as to when is it a good time to correct the salary ordinance, it can't be discussed at the first reading and discussion takes place at the second reading which is tonight, and reiterated that council needs to take the first step to make a few minor changes. Councilor Snyder stated the consensus of the council seems to be that they would like to go through the salary ordinance and make some strong recommendations to the next council but this ordinance needs to be passed tonight. Mayor Johnson called for the question on the ordinance. With Councilors Quinn and Kendall voting nay, all others present voting aye, ordinance passed by a majority. TAXI CAB COMPANY APPROVAL REQUEST: Councilor Quinn made a motion to approve the request from Tamera Dodd of Kid's Kab Company to operate a cab service for children. Councilor Snyder seconded the motion. Councilor Quinn moved to approve as requested after clarifying that this was licensing the vehicles, not the drivers. Councilor Kendall seconded the motion. Councilor Snyder questioned the lack of a certificate of insurance. City Attorney Gordon Byers stated the record should be clear that this application is really for a limo; the insurance amount on the application is incorrect as it needs to be one million for casualty, one hundred thousand for property; and, the City of Carmel needs to be notified if there is a lapse in insurance. Councilor Quinn moved to amend his approval as advised by attorney, conditions precede that 1) this is a limo, 2) proper insurance certificates be provided to the Clerk-Treasurer in the proper amounts reflecting that it is a limo, and, 3) naming the City of Carmel if there is a lapse in the insurance. Councilor Kendall seconded the amended motion. Mayor Johnson called for the question. All members present voted aye. Motion passed. 6 RESOLUTIONS CC07-17-95-01 THROUGH 04/TRANSFERS WITHIN 1995 BUDGETS: Councilor Quinn moved to approve the following resolutions. Councilor Painchaud seconded the motion. CC07-17-95-01 Street from a/c #660 to #362 $3,000 CC07-17-95-02 Street #660 to #515.01 140 CC07-17-95-03 Street #553 to 552 10 CC07-17-95-04 Communications #300 to #301 150 Mayor Johnson called for the question. All members present voted aye. Motion passed. OTHER BUSINESS: Mayor Johnson gave an update of state revolving funds and stated a formal presentation would be forth coming along with continual updates for availability of funds for upgrading the sewer plant. There being no further business before the Carmel City Council the meeting was duly adjourned. Respectfully submitted, __________________________________ __ Approved, ____________________________________ Attest: ______________________________ 7