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HomeMy WebLinkAboutCCM-06-05-89CARMEL CITY COUNCIL MEETING MINUTES JUNE 5. 1989 CITY MEETING HALL 7:00 P.M. The meeting of the Carmel City Council was called to order by Mayor Dorothy J. Hancock. Members in attendance were Minnie Doane, Alan Potasnik, Ted Johnson, Lee Lonzo, David Adams, Frank Fleming and Tom Irvin. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones. Councilor Potasnik made a motion to approve the minutes of MINUTES: May 19, 1989. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Chief Barney swore in two new SWEARING IN OF POLICE OFFICERS: police officers for the Carmel Police Department. They were: Rick Stites and Scott Pilkington. PUBLIC HEARING/ORDINANCE Z-243/DUKE & ASSOCIATES/REZONE OF 6.54 Councilor ACRES OF LAND LOCATED NORTH OF 126TH STREET/ R-3 TO B-5: Potasnik made a motion to introduce Ordinance Z-243 and suspend the rules for reading of the same. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Philip Nicely, Attorney for P.R. Duke represented the petitioners both Duke and George Sweet in this rezone request. Mr. Nicely outlined the rezone for the Council. The Mayor opened the hearing to the public for questions and/or objections. Sue Dillon, 507 Cornwall Court, responded to the rezone. She stated she was not opposed to the rezone but wanted to voice her opinion on the preservation of wildlife in a small section of the land that was involved with the rezone. She also asked for the Council's consideration in instituting a policy on open space or preservation of green space for developers in the Carmel area. There being no further questions or objections the Mayor closed the hearing to the public and opened it to the Council. The Council directed Mr. Nicely to respond to Ms. Dillon's request. Mr. Nicely stated that P.R. Duke has a good track record in trying to do the best they can with the preservation of trees on their projects. This project is not in it's final stages so no promises could be made but that every effort is being made to try and save the area Ms. Dillon was speaking about in her remarks to the Council. Much discussion then centered on the fact that this parcel of ground is adjacent to the Meridian Corridor and that in the past this type of rezone has always had a restriction or covenants that it would have to follow all the rules and policies set forth in the overlay zone. Councilor Johnson, Councilor Fleming and Councilor Potasnik all raised concern that this particular parcel had somehow slipped through the system and had by-passed a crucial step. It was the direction of the Council that P.R. Duke prepare a covenants for this rezone and present it to the Council at their next meeting on June 19, 1989 stating that this 6.54 acres would be subject to all restrictions, rules and regulations of the Meridian Corridor Overlay Zone. Second reading for Ordinance Z-243 will be held on June 19, 1989. PUBLIC HEARING/ RESOLUTION 6-5-89-l/RE-ESTABLISHMENT OF CUMULATIVE Mayor Hancock explained the need to re establish CAPITAL SEWER FUND: the Cumulative Capital Sewer Fund to the Council. She stated this was the last year for the five cent rate and in order to keep it going the Council would have to pass this Resolution to re- establish the rate to be levied in 1989 and paid in 1990. This money would be used for storm sewer construction and repair only. The Mayor then opened the hearing to the public for any questions and or objections. There being none, she closed the hearing to the public and opened it to the Council. Again, there were no questions and/or objections. The Mayor called for the question on Resolution 6-5-89-1. All members voted in favor of the Resolution. PUBLIC HEARING/ADDITIONAL APPROPRIATION/GENERAL FUND/$17,000/RADAR Councilor Irvin made a motion to introduce Ordinance D- EQUIPMENT: 602 and suspend the rules for reading of the same. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mayor Hancock explained the purpose of this money would be used to purchase a Radar Data Display and would be in the possession of Jones Intercable Company. The money would come from the General Fund. Councilor Johnson asked if this money might be needed at a later date in order to make up the tax shortfall if the law suit fails or another alternate form of funding is not found. The Mayor replied, yes. The Mayor stated that the money for this equipment coul d possibly come from CCI if that is what the Council wishes. The Mayor then opened the hearing to the public for questions and or objections. Hal Esby from Carmel High School spoke in favor of the Radar equipment. There being no further questions the Mayor closed the hearing to the public and opened it to the Council for questions. There were none. Second reading on Ordinance D-602 will be held on June 19, 1989. Councilor Johnson made a motion to PUBLIC HEARING/ORDINANCE Z-62: introduce Ordinance A-62 and suspend the rules for reading of the same. Councilor Lonzo seconded the motion. All members vote aye. Motion carried. James Dougherty explained the ordinance to the Council. Mr. Dougherty stated that Carmel presently has a good system and this ordinance will protect that. The Mayor opened the hearing to the public for questions and objections. There being none the hearing was closed. The Mayor then opened the hearing to the Council. Councilor Adams stated he would have to abstain from voting on this ordinance. Mr. Dougherty stated that every driller in the area would be sent a copy of this ordinance by certified mail, it would be published two times in the paper and that upon each application for a well, the property owner would be given a copy of this ordinance. Every effort would be made to let everyone know this ordinance did exist. Objections were raised concerning the payment of the inspectors and the fee being paid to those inspectors. Mr. Dougherty was directed by the Council to re-word that portion of the ordinance. Second reading of Ordinance A-62 will be held on June 19, 1989. ORDINANCE D-603/ESTABLISHMENT OF FRINGE BENEFIT PROGRAM FOR THE Councilor Adams made a motion to CITY OF CARMEL/SICK LEAVE ONLY: introduce Ordinance D-603 and suspend the rules for reading of the same. Councilor Adams also included into the motion that the Ordinance expire on December 31, 1989. Councilor Johnson seconded the motion. All members voted aye. Motion carried. Councilor Irvin stated he was not in favor of this particular ordinance but felt a "sick leave bank" might be in order. Councilors Irvin, Adams and Lonzo volunteered to work on a replacement plan for sick leave. Councilor Adams then amended his motion to have Ordinance D-603 expire on July 15, 1989. The motion was seconded by Councilor Johnson. All members voted aye. Councilor Lonzo made a motion to suspend the rules and act on D 603 tonight. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-603 passed unanimously. There being no further business before the City Council the meeting was adjourned. APPROVED: Joe R. Lonzo ATTEST: Susan W. Jones, Clerk-Treasurer