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HomeMy WebLinkAboutCCM-10-15-90CARMEL CITY COUNCIL MEETING MINUTES OCTOBER 15, 1990 7:00 P.M. COUNCIL CHAMBERS/ONE CIVIC SQUARE The meeting was called to order by Mayor Hancock. Council members present were Minnie Doane, Lee Lonzo, Annabelle Ogle, Alan Potasnik, David Adams, Frank Fleming and Tom Irvin. Clerk- Treasurer Susan Jones and City Attorney Steve Andrews were also in attendance. The invocation was given by Councilor Doane followed by the Pledge of Allegiance. Councilor Adams made a motion to amend the minutes on page MINUTES: 4, paragraph 3. The word "sustained" should have been "abstained". With that correction Councilor Lonzo moved to approved the minutes. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Chief of Police Gary Barney SWEARING IN OF NEW POLICE OFFICERS: swore in new officers, A. Scott Teal, Scott Moore and Todd Graham. SECOND READING/ORDINANCE D-674/AN ORDINANCE PROHIBITING SMOKING IN Councilor Irvin stated for the record that he was CARMEL CITY HALL: in support of this ordinance in order to put some "teeth" into the Resolution that the Board of Public Works had passed but he wanted a designated smoking area somewhere in the building or to ban smoking in all city buildings. Councilor Potasnik called for the vote. Council Fleming voted nay and all others voted aye. Councilor Fleming said he voted against the ordinance because it did not provide for a designated smoking area. Councilor Ogle made a DOGS RUNNING AT LARGE/PROPOSED ORDINANCE: motion to introduce Ordinance D-676 and suspend the rules for reading of the same. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Councilor Adams asked the Council if we weren't "piecemealing" its approach. He said the Council might also be concerned with cats, horses, goats, etc. Councilor Adams asked the council if the intention was just to target dogs or should the council look into other animals being included in the ordinance. Councilor Lonzo asked for community involvement. He suggested a committee of concerned citizens along with council members could be formed to look into this matter. After much discussion Councilor Adams made a motion to table this ordinance until a committee could be formed and the council receive input from this committee. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Potasnik and Mayor Hancock will work together to form this committee. Councilor Potasnik asked for direction from the Council on how comprehensive they wanted this animal ordinance. PUBLIC HEARING/ADDITIONAL APPROPRIATION/CUMULATIVE CAPITAL Mayor Hancock stated for the record that the DEVELOPMENT FUND: Cumulative Capital Development Fund already had an approved budget of $150,000 for street paving but had an additional appropriation in MVH this year so they would not need this line item in the CCD budget. The $200,000 would be used for engineering and construction of sidewalks. Councilor Lonzo made a motion to introduce Ordinance D-672 and suspend the rules for reading of the same. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Mayor Hancock opened the hearing to the public for questions, comments and/or objections. Seeing none the hearing was closed to the public and opened to the Council. Councilor Potasnik asked the Clerk-Treasurer if this hearing had been advertised properly and in a timely manner. The Clerk-- Treasurer stated it was done correctly. Councilor Lonzo made a motion to suspend the rules and act on Ordinance D-672 tonight. Councilor Adams seconded the motion. All members voted aye. Motion carried. Mayor Hancock called for the question. Ordinance D-672 passed unanimously. Councilor Potasnik made a motion to ANNEXATION/WOODFIELD 7A: introduce Ordinance C-145 and suspend the rules for reading of the same. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Fleming asked if a map could always be included in annexation requests. The Clerk-Treasurer stated she would see to it that maps were always submitted with the annexation ordinances. Councilor Potasnik made a motion to suspend the rules and act on Ordinance C-145 tonight. Councilor Fleming seconded the motion. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance C-145 passed unanimously. PUBLIC HEARING/ADDITIONAL APPROPRIATION/GENERAL FUND/ORDINANCE D- Councilor Lonzo made a 675/$53,825/OVERTIME-SOCIAL SECURITY/CFD: motion to introduce Ordinance D-675 and suspend the rules for reading of the same. Mayor Hancock explained the additional appropriation was for overtime for the Fire Department and for the matching social security. At this time the Mayor opened the hearing to the public calling for questions, comments and/or objections. Seeing none the hearing was closed to the public and opened to the Council for the same. Councilor Irvin made a motion to suspend the rules and act on D-675 tonight. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance D-675 passed unanimously. Councilor Potasnik made a motion to ask the Township to participate in their appropriate percentage for this additional appropriation. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. PUBLIC HEARING/ORDINANCE Z-255/AMENDMENT TO Z-160/ELIMINATING THE SIX (6) FOOT FENCE REQUIREMENT SURROUNDING A PRIVATE RESIDENTIAL Councilor Potasnik made a motion to introduce SWIMMING POOL: Ordinance Z-255 and suspend the rules for reading of the same. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Wes Bucher, Director of Community Development, explained the Ordinance to the Council. Mr. Bucher stated that this change was due to a change in state law and that Bill Wendling who is the attorney for the Plan Commission had rendered an opinion that the state law supersedes the local law. Mr. Bucher stated this passed the Plan Commission by a vote of 9 to 3. The proposed ordinance would eliminate the need for a six-foot-high fence around private residential swimming pools but would require a pool cover instead. Mayor Hancock then opened the hearing to the public. Alan Langsenkamp spoke to the proposed ordinance. Mr. Langensenkamp stated that he and his wife had taken a survey of his neighborhood in Springmill Streams and that 50% of the people responded to the survey and of that 50% that responded, all of them felt that fences should still be required. Mr. Langsenkamp stated many reasons why the pool covers were not sufficient. He stated they too can hold water on the top and that residents could leave the pool site without covering the pool to answer the telephone. The covers are good but they are not enough, he said. Mr. Langsenkamp asked for the Council's help in keeping the neighborhoods safe. Ted Johnson, 317 Concord Lane stated he has a swimming pool. Mr. Johnson stated it was his opinion that a local ordinance could be more restrictive and could over-ride anything the state handed down. Much discussion was held as to where Bill Wendling was coming from on this issue. Mayor Hancock closed the hearing to the public and opened it to Council for their comments and concerns. Councilor Lonzo spoke against the ordinance as it was proposed. Councilor Lonzo stated that as a parent who had experienced a near drowning of his own 4-year old wanted the ordinance to be more restrictive. Councilor Fleming asked Wes Bucher why he was not given a copy of the state code during the Plan Commission hearings. Mr. Bucher stated he believed a copy of the code was distributed. Councilor Potasnik stated he had never seen this state code either. It was the concensus of the Council that Steve Andrews should speak with Bill Wendling and learn where he was coming from on this issue. Wes Bucher did state that to date, "at least six" permits for swimming pools had been issued and that they only had pool covers. Four of these permits were issued because of the outcome of law suits. Councilor Adams was very concerned that permits were being issued despite our local ordinance still requiring a fence. Councilor Irvin stated it seemed to him that we should follow the local ordinances. Councilor Adams made a motion to direct Wes Bucher to not issue any more swimming pool permits with pool covers only and to use the existing local ordinance. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Steve Andrews was directed to get with Bill Wendling and find out where he was coming from on this ordinance. Steve Andrews cautioned the Council on waiting too long to do anything with this ordinance because the ordinance goes into effect 90 days after certification to the Clerk-Treasurer, without action from the Council. The Clerk-Treasurer stated it was certified on September 24, 1990. Councilor Irving made a motion TRAVEL EXPENSES/PROPOSED ORDINANCE: to direct the City Attorney to draft an ordinance regarding reimbursement of travel expenses for elected officials, police & fire personnel and all civilian employees of the city. The motion was seconded by Councilor Fleming. All members voted aye. Councilor Irvin stated he did not want to see two or three different ordinances for different departments. Steve Andrews asked if the recommendations of the committee that was formed last fall should be used. The Council stated it was. Councilor Potasnik stated he just returned from a planning seminar in Louisville and is having a difficult time trying to figure out what is allowable and what is not without some type of guidelines. There are none now. Councilor Potasnik made a COMMUNICATION CLAIMS/APPROVAL BY COUNCIL: motion to approve a claim to Service Pipe & Supply in the amount of $219.02. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Potasnik made a motion to approve a claim for travel to Tom Allebrandi in the amount of $769.74. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Potasnik made a motion to approve three claims to Vasey Heating and Air Conditioning in the amounts of $171.50, $130.00 and $110.15. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Ogle made a ORDINANCE D-677/ELECTED OFFICIAL/ SALARIES: motion to introduce Ordinance D-677 and suspend the rules for reading of the same. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Councilor Potasnik submitted a spread sheet showing the current salaries, proposed salaries through Ordinance D-677 and an amendment to Ordinance D-677 calling for an additional 4.7% cost of living raise for 1991. Councilor Potasnik moved to amend Ordinance D-677 to reflect the bi-weekly salaries of the Mayor to $1,725.54, Clerk-Treasurer $1,463.79, Judge $887.94 and Council to $93.22 and to also include the stipulation that members of the Plan Commission would receive $35.00 per one sub-committee meeting attended per month in addition to one regularly scheduled meeting. The motion was seconded by Councilor Ogle. All members voted aye. The Council directed the Clerk-Treasurer to get this ordinance published as it would require a 30-day waiting period before the second reading. Councilor Lonzo then suggested the Council consider an ordinance establishing the salaries for the next four years and consider moving the Judge to full-time rather than part-time. Councilor Lonzo volunteered to work with Judge Robert Hughes on this matter. Councilor Lonzo and Councilor Potasnik agree to serve as a committee to study elected official's salaries for the next four years and to return a proposed ordinance to the Council for November 5, 1990. The Council then asked the Clerk-Treasurer to hold off getting D-677 advertised until the new one is introduced. The Clerk-Treasurer warned the Council of waiting until the last minute because of the problems of timely publishing and typographical errors encountered with the Noblesville Times. This ordinance requires a 30 day waiting period before a second reading. Councilor Lonzo said he felt comfortable with the time table. PURCHASE OF TAPES FOR AUDIO AND VIDEO BY CLERK-TREASURER FROM Councilor Potasnik made a motion to allow the COUNCIL BUDGET: Clerk-Treasurer to purchase a six month supply of tapes for both audio and video recording of the Council meetings. The motion was seconded by Councilor Lonzo. All members voted aye. Councilor Irvin made a suggestion ORDINANCE D-362/PROPOSED CHANGES: to look at Ordinance D-362 and possibly make some changes. A committee of Councilor Irvin and Councilor Ogle was formed to study this Ordinance. Ordinance D-362 deals with the rules and regulations for the four bodies of city government. There being no further business before the Council the meeting was adjourned. APPROVED:Dorothy J. Hancock, Mayor ATTEST: Susan W. Jones, Clerk-Treasurer