HomeMy WebLinkAboutCCM-09-17-90CARMEL CITY COUNCIL
MEETING MINUTES
SEPTEMBER 17, 1990
7:00 P.M.
COUNCIL CHAMBERS/ONE CIVIC SQUARE
The meeting of the Carmel City Council was called to order by Mayor
Dorothy J. Hancock. Council members in attendance were Minnie
Doane, Lee Lonzo, Alan Potasnik, Annabelle Ogle, David Adams, Frank
Fleming and Tom Irvin. City Attorney Steve Andrews and Clerk--
Treasurer Susan W. Jones were also in attendance.
The invocation was given by Councilor Doane followed by the Pledge
of Allegiance.
Councilor Lonzo made a motion to correct the minutes of
MINUTES:
August 20, 1990 on page 1 by asking about the city seal discussion
again and asked for clarification from the City Attorney. Steve
Andrews stated that the only governmental office where the seal is
of any legal importance is the Recorder's office and as decoration
on a bond issue but that the city seal, under state statute, has no
legal significance. Councilor Lonzo was concerned that it was
implied that he had used the city seal illegally and wanted it
cleared up.
Councilor Lonzo also asked that a period be inserted on the 6th
paragraph after the word "duty" and that the next sentence begin
with the name "Steve."
Councilor Ogle pointed out several typographical errors on page 2.
In section 2 the word "works" should be changed to "words" and in
section 2 (a) the word "employed" be changed to "empowered". Under
Section 9 on page 5, the word "works" should be changed to the word
"words" and on the next to the last page under resolution adopting
drug task force inter-local agreement that instead of the minutes
reading that a drug task force is being formed it should be stated
that this is for the purpose of forming an inter-local agreement.
Councilor Lonzo then made a motion to approve the minutes as
amended. The motion was seconded by Councilor Ogle. All members
voted aye. Motion carried.
Councilor Potasnik made a motion to add
ADDITIONS TO AGENDA:
claims for the Communications Center and a transfer of funds by the
Street Department to the agenda. The motion was seconded by
Councilor Lonzo. All members voted aye. Motion carried.
Councilor Lonzo made a motion to add D-673, an ordinance
establishing a Parks Department and a Park Board, to the agenda.
The motion was seconded by Councilor Doane. All members voted aye.
Motion carried.
Councilor Potasnik made a motion to add ordinance C-144, an
annexation of Ashton Subdivision, to the agenda. The motion was
seconded by Councilor Lonzo. All members voted aye. Motion carried.
Councilor Potasnik made a motion to approve the minutes of
MINUTES:
August 27, 1990. The motion was seconded by Councilor Irvin. All
members voted aye. Motion carried.
Councilor Lonzo presented a plaque to the
GIRLS TENNIS AWARD/CHS:
1990 State Champion Carmel High School Girls Tennis team.
Councilor Irvin made a motion to adopt Resolution
TRANSFERS:
9-17-90-1 allowing the transfer of $500.00 within the Clerk-
Treasurer budget for postage. The motion was seconded by Councilor
Fleming. All members voted aye. Motion carried.
Councilor Lonzo made a motion to adopt Resolutions 9-17-90-2 and
9-17-90-3 allowing the transfer of $5,372.00 to Hydrant
Rental/Indianapolis and the transfer of $53,016.60 into Hydrant
Rental/Carmel within the Board of Public Works budget. The motion
was seconded by Councilor Ogle. All members voted aye. Motion
carried.
Councilor Potasnik made a motion to adopt Resolution 9-17-90-4
allowing the transfer of $100.00 into Stationery and Printing
within the Plan Commission budget. The motion was seconded by
Councilor Fleming. All members voted aye. Motion carried.
Councilor Fleming made a motion to adopt Resolution 9-17-90-5
allowing the transfer of $3,000 into Garage and Motor Supplies
within the Motor Vehicle Fund-Street budget. The motion was
seconded by Councilor Potasnik. All members voted aye. Motion
carried.
Councilor Doane made a motion to adopt Resolution 9-17-90-6
allowing the transfer of $1,000 into Tires and Tubes within the
Motor Vehicle Fund-Street budget. The motion was seconded by
Councilor Ogle. All members voted aye. Motion carried.
City Attorney asked this item be tabled
DOGS RUNNING AT LARGE:
until the second meeting in October. Councilor Lonzo so moved.
The motion was seconded by Councilor Potasnik and all members voted
aye. Motion carried.
PUBLIC HEARING/ORDINANCE Z-253/ACCESSORY BUILDING SQUARE FOOTAGE:
Mr. Wes Bucher, Director of Department of Community Development,
outlined the proposed ordinance. Ordinance Z-253 amends the Carmel
Zoning Ordinance Z-160, Section 25.1.3 and states that it shall be
amended as follows:
A private residential garage or accessory building shall not
exceed the living area of the primary structure. The combined
square footage of the residence, garage and accessory building
shall not exceed the maximum 35% lot coverage allowed.
The definition of a garage, private, is an accessory building
or portion of the principal residential buildi ng commonly
used for the shelter and storage of vehicles.
Councilor Potasnik made a motion to introduce Ordinance Z-253 and
suspend the rules for reading of the same. The motion was seconded
by Councilor Adams. All members voted aye. Motion carried.
Mr. Bucher stated this proposed ordinance received a unanimous,
favorable recommendation by the Plan Commission.
Mayor Hancock opened the hearing to the public for questions,
objections and comments. Hearing none, the Mayor then closed the
hearing to the public and opened it to the Council for the same
response.
Councilor Irvin asked Mr. Bucher to define "living area." Mr.
Bucher stated it was generally defined as "heated area."
Councilor Potasnik stated the land use committee was in favor of
this ordinance along with the entire Plan Commission.
Councilor Fleming made a motion to suspend the rules and act on
Ordinance Z-253 tonight. The motion was seconded by Councilor
Fleming. All members voted aye. Motion carried.
Mayor Hancock called for the vote. All members voted aye. Motion
carried.
PUBLIC HEARING/ORDINANCE Z-254/REPEAL OF SECTION/ 26.1.2 AND
Mr. Bucher again
26.1.3/ADDITIONAL HEIGHT OR ADDITIONAL SET:
outlined Ordinance Z-254 to the Council. This ordinance also amends
the Carmel Zoning Ordinance Z-160, Sections 26.2.2 and 26.1.3.
The amendment would repeal those two sections, except for any
project or developments which as of May 15, 1990 have received
Carmel Plan Commission project development approval or to any
subsequent amendments to the aforementioned project developments.
Mr. Bucher also stated this ordinance came about a year ago due to
the request of the City Council and that City Council has 90 days
to act on this proposed ordinance or it will automatically go into
effect after it has been certified by the Plan Commission to the
Clerk-Treasurer.
Councilor Irvin stated he felt this ordinance was long overdue.
Mr. Bucher stated that regardless of the ordinance change, a
builder and/or developer could seek a variance from the Board of
Zoning and Appeals and that this ordinance does not totally protect
the community from height and setback restrictions.
Councilor Potasnik stated that he was not in favor of doing this
right now but wanted to see the entire ordinance re-done rather
that piece meal the zoning ordinance.
Councilor Ogle made a motion to introduce Ordinance Z-254 and
suspend the rules for reading of the same. The motion was seconded
by Councilor Lonzo. All members voted aye. Motion carried.
Mayor Hancock then opened the hearing to the public for their
questions, comments and/or objections.
Judy Hagan of Springmill Streams read a prepared statement in favor
of passing this ordinance.
Hearing no other comments the Mayor closed the hearing to the
public and opened it back to the Council for more discussion.
Councilor Irvin made a motion to suspend the rules and act on
Ordinance Z-254 tonight. The motion was seconded by Councilor
Doane. All members voted aye. Motion carried.
Mayor Hancock called for the vote. Councilor Potasnik voted nay and
all other Councilors voted aye. Ordinance Z-254 passed with a 6-1
majority.
BALL STATE UNIVERSITY/CLAIMS #304/116TH AND GRAY ROAD/$375.00:
Councilor Irvin asked if this claim does say work that was done for
116th Street and Gray Road and is this claim a proper expenditure
from the budget that was approved by the City Council for the Board
of Public Works line item.
Steve Andrews stated that it is his understanding this claim was
approved by Council and approved by the Board of Public Works for
payment.
Councilor Irvin made a motion to send this claim back to the Board
of Public Works for payment. The motion was seconded by Councilor
Ogle. All members voted aye. Motion carried.
REQUEST FOR ADDITIONAL APPROPRIATION/CUMULATIVE CAPITAL IMPROVEMENT
Councilor Doane made a motion to direct
FUND/SIDEWALKS/$200,000:
the Clerk-Treasurer to advertise for an additional appropriation in
the amount of $200,000 for sidewalk construction in the Cumulative
Capital Improvement Fund. The hearing is to be held on October 1,
1990. The motion was seconded by Councilor Ogle. All members voted
aye. Motion carried.
Councilor Fleming asked for a list of where the sidewalks were to
be constructed.
Councilor Lonzo made a motion to
ANNEXATION/ASHTON SUBDIVISION:
introduce Ordinances C-143 and C-144 and suspend the rules for
reading of the same. The motion was seconded by Councilor Potasnik.
All members voted aye. Motion carried.
Mr. Bucher outlined the Ashton subdivision for the Council. Ashton
is 120 acres north of Cherry Tree Elementary School.
Councilor Potasnik made a motion to suspend the rules and act on
Ordinances C-143 and C-144 tonight. The motion was seconded by
Councilor Doane. All members voted aye. Motion carried.
Mayor Hancock called for the vote. All members voted aye.
Ordinances C-143 and C-144 passed unanimously.
ORDINANCE D-673/ESTABLISHMENT OF DEPARTMENT OF PARKS AND RECREATION
& ESTABLISHMENT OF PARK AND RECREATION BOARD FOR THE CITY OF
Councilor Lonzo made a motion to introduce Ordinance D-673
CARMEL:
and suspend the rules for reading of the same. The motion was
seconded by Councilor Ogle. All members voted aye. Motion carried.
City Attorney Steve Andrews outlined the Ordinance for the Council.
Mr. Andrews stated that both the city and township would need to
form a park board and then merge to form a joint board.
Councilor Lonzo stated this is the easy part. The hard part is
coming up when they decide who is doing what, who is paying for
what, etc.
Councilor Potasnik brought up the
NO SMOKING POLICY/CITY HALL:
problem of continued smoking in City Hall, as outlined in a memo
sent by the Clerk-Treasurer.
City Attorney Andrews stated the Board of Public Works had already
passed a resolution but if the Council wanted some kind of a
penalty involved with smoking, they would need to pass an
ordinance.
Councilor Potasnik directed the City Attorney to draft such an
ordinance calling for a penalty.
Councilor Adams stated he would like the Clerk-Treasurer to call
the cities of Bloomington and Ft. Wayne and obtain copies of their
no smoking ordinances for restaurants and businesses. It was the
consensus of the Council that this should be done on a separate
ordinance.
Mayor Hancock asked if this no smoking policy would carry over into
all city buildings. The Mayor stated she thought the Fire
Department should remain a smoking building since the "guys"
actually lived there. The Firemen work 24 hour shifts and basically
consider the fire station their home, she said. She also stated the
Police have established a no smoking policy through the Board of
Public Works. The Council felt they would only address the City
Hall issue for now.
Mayor Hancock stated the new
RE-DISTRICTING FOR COUNCIL SEATS:
population count for Carmel is 25,499 and that re-districting has
to be done by December 31, 1990. Councilor Potasnik stated he would
serve as chairman of the re-districting committee and that he would
work with the Mayor's office in setting up a special meeting time
for this purpose.
Councilor Potasnik made a motion
CLAIMS FOR COMMUNICATION CENTER:
to approve a claim in the amount of $17,214.17 for General Electric
for 10% of the 800 MHZ system for the new Communications Center.
The motion was seconded by Councilor Lonzo. All members voted aye.
Motion carried.
Councilor Potasnik made a motion to approve a claim in the amount
of $32,613.20 for Console Systems, Inc. for the new Communications
Center. The motion was seconded by Councilor Lonzo. All members
voted aye. Motion carried.
Councilor Potasnik made a motion to approve a claim in the amount
of $17,883.00 to Eden Enterprises for part of the renovation costs
for the new Communications Center. The motion was seconded by
Councilor Lonzo. All members voted aye. Motion carried.
Councilor Potasnik made a motion to approve a claim in the amount
of $8,500.00 for Vasey Commercial Heating and Air Conditioning for
the new Communications Center. The motion was seconded by Councilor
Ogle. All members voted aye. Motion carried.
Councilor Potasnik made a motion to approve a claim in the amount
of $1,000 for S & M Painting and Drywall for the new Communications
Center. The motion was seconded by Councilor Irvin. All members
voted aye. Motion carried.
Councilor Potasnik made a motion to approve a claim in the amount
of $1,690.00 to L & T Plumbing for the new Communications Center.
The motion was seconded by Councilor Adams. All members voted aye.
Motion carried.
Councilor Potasnik made a motion to approve a claim in the amount
of $1,950.00 from ABC Fire Protection for the new Communications
Center. The motion was seconded by Councilor Doane. All members
voted aye. Motion carried.
Councilor Potasnik made a motion to approve a claim in the amount
of $950.00 for PW Gomer Electric for the new Communications Center.
The motion was seconded by Councilor Ogle. All members voted aye.
Motion carried.
There being no further business before the Council the meeting was
duly adjourned.
APPROVED: Dorothy J. Hancock, Mayor
ATTEST: Susan W. Jones, Clerk-Treasurer