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HomeMy WebLinkAboutCCM-08-06-90CARMEL CITY COUNCIL MEETING MINUTES AUGUST 6, 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 present were Minnie Doane, Lee Lonzo, Alan Potasnik, Annabelle Ogle, 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 Irvin made a motion to approve the minutes of MINUTES: July 16, 1990. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Councilor Lonzo made a motion to VICIOUS DOG ORDINANCE D-655: introduce Ordinance D-655 and suspend the rules for reading of the same. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Lonzo went over the highlights of the ordinance for the public and for the Council. Councilor Ogle suggested the fine on page 5, paragraph (c) be changed from $500.00 to $2,500.00. The Council agreed to check into the maximum amount of a bond. Joe Hursh from Keystone Woods asked the Council consider a greater amount on the bond. Councilor Lonzo also stated the police chief would assign three officers to animal control duty so one officer would be available on each shift. Kim Bryan asked the Council if the ordinance would still be binding if the dog was just visiting the neighborhood. Councilor Lonzo stated the ordinance would apply to any vicious dog within the city limits of Carmel. Ashley Wilder was concerned about the officers being properly trained. Frank Madden asked the Council to consider the 5 day waiting period before the dog was destroyed. Mr. Madden thought the time was too short to determine if the dog had rabies. City Attorney asked the Council to allow him the time to go over this ordinance and check the constitutionality of the ordinance. John Krohn complimented the Council for taking quick action but was concerned the ordinance would not be in place before school started. The city attorney and mayor both explained that the law has specific time frames these types of ordinances had to follow because of the legal advertising requirement since there was a fine involved. The city attorney asked the clerk to send him a copy of the current leash law Carmel had on the books. Councilor Lonzo made a motion to direct the Clerk-Treasurer to get the ordinance published with the change suggested by Councilor Ogle and hold a public hearing as quickly as possible. The Clerk stated she would be going to Noblesville in the morning and would hand deliver the ordinances to the papers so they could get published. ADDITIONAL APPROPRIATION REQUEST/CLERK-TREASURER/SOFTWARE SUPPORT: The Clerk-Treasurer outlined specific needs to the Council for additional software support money for 1990. The request would be for $3,000 for magnetic tape for W-2 processing, payroll integration from Lotus to the big accounting system in the amount of $1,500, bar code checks for improved bank reconciliation procedures in the amount of $600 and $731 for moving expenses. Councilor Irvin made a motion to approve the request the directed the Clerk-Treasurer to advertise for the appropriation in the amount of $5,831.00 divided equally among the General, water and sewer funds. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. RE-ZONE/PUBLIC HEARING/PRO-MED & TRI-COUNTY MENTAL HEALTH/ORDINANCE : Councilor Potasnik made a motion to introduce Ordinance Z - Z-252 252 and suspend the rules for reading of the same. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Jim Nelson, attorney for the petitioners presented the re-zone to council. The re-zone is bounded on the north by Smokey Row Road and US 31, the south by the residential developments known as Wildwood, Wood Acre West, Wood Acre Park and Stonegate Apartments. On the east the project is lined by the Kensington Place and Meadow Lark Park and the west by Guilford Avenue, Old Meridian and St. Vincent Hospital. The land consists of 40 acres and is currently zoned R-2. The request is for a B-6 zone. A part of the land will be developed by Tri-County mental health center. A part will be reserved by Pro-Med for future development. A part will remain zoned R-2 and a part is considered appropriate for a public park due to its proximity to Meadow Lark Park. Mr. Nelson stated that a tree preservation program is in place for this project. Mayor Hancock opened the hearing to the public. Sue Dillion, President of Citizens for Greenspace in Carmel applauded the project but asked that a tree specialist be called in on the tree preservation program. Nancy Blondin, Executive Director of the Carmel Chamber of Commerce spoke in favor of the project. Ted Johnson asked Mr. Nelson to go over the commitments for section 2 and to outline the traffic problems. Hearing no other questions the Mayor closed the hearing to the public and opened it to the Council for their comments or concerns. Councilors Potasnik and Lonzo both spoke in favor of the re-zone. Councilor Doane stated she thought it was an excellent use of the land. Councilor Lonzo made a motion to suspend the rules and act on Ordinance Z-252 tonight. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Motion carried. Ordinance Z-252 passed unanimously. Councilor Potasnik PUBLIC HEARING/RE-ZONE/EXECUTIVE COMMONS, INC.: made a motion to introduce Ordinance Z-251 and suspend the rules for reading of the same. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Jim Nelson, attorney for the petitioner presented the re-zone to the council. Mr. Nelson stated the rezone would consist of the 5 acre parcel of real estate commonly known as 1139 S. Range Line Road and would be a change from B-3 and R-2 to B-8. The purpose of the rezone would be to eliminate the bifurcated zoning of the real estate. To bring the real estate into compliance with surrounding zoning and to make possible the development of the real estate under a unified development plan in conjunction with other real estate owned by Executive Commons and Paul Estridge. The Mayor opened the hearing to the public for comments and/or objections. There being none the Mayor closed the public hearing and opened it to the Council for discussion. There being no discussion the hearing was closed. Councilor Potasnik made a motion to suspend the rules and act on Ordinance Z- 251 tonight. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance Z-251 passed unanimously. Councilor Potasnik stated he had been YOUTH CONGREGATION AREAS: contacted by two students concerned about the lack of facilities for youth the meet and wanted to talk to the City Council. Because the students were not present at the meeting Councilor Potasnik made a motion to remove this item from the agenda. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Alan Burns of the Carmel Clay MONON CORRIDOR UP-DATE/GARY PETERSON: Community Foundation stated the primary role of the CCCF was to act as a facilitator in this project as the CCCF was out of money but wanted to present an up-date of the Monon Corridor project to the Council. Ed Painer of the Rails to Trails Council gave a summary on the concept of the rails to trails projects throughout the community and throughout other parts of the country. Gary Peterson, Team Chairman set out the requests to the Council. Mr. Peterson asked the Council to consider forming a park board, a commitment to hold a series of public hearings on the Monon project and to have a couple of individuals from the Council give approximately 20 hours of their time between now and Christmas for project design. Nancy Blondin, Executive Director of the Chamber of Commerce spoke in favor of the project. Mrs. Blondin felt the project would stimulate revitalization of downtown Carmel. Sue Dillon also spoke in favor of the project and wanted to get going quickly on the project. Gary Peterson stressed the importance of moving this project along stating that project money could be jeopardized if the process did not begin by March 10, 1991. Larry Anderson, President of the Hamilton County Bureau of Tourism spoke in favor of the project. Dave Newhouse, Audubon Society urged the council to begin work on this project as soon as possible. Vicki Parker asked the Council to consider the fact that the Monon Corridor would probably not stimulate economic growth. Ms. Parker resided near the Illinois Prairie Path and while it was a great place to bike and jog, most of those type of people don't carry a great deal of cash on them and shop along the trails. Ms. Parker said if the Council was considering this project because it would help Carmel economics, it probably won't. Councilor Lonzo who is a member of the Park Task Force stated that a park mechanism needs to be put into place as quickly as possible. The Park Task Force has met but the discussion of who is going to pay for it and who is going to control it seems to be the main concern. Councilor Lonzo also asked that public hearings be held on off Mondays from the Council. Councilor Lonzo volunteered to commit to the project design work. Councilor Potasnik asked Mr. Peterson who was paying for his time and how much longer would he continue to work on this project. Mr. Peterson stated he was being paid by the CCCF and that his contract would expire at the end of August. Councilor Fleming asked about the deal with the city CITY SEAL: seal. City Attorney Steve Andrews said he had done some research on the subject that the seal has really no legal significance but that the city seal is kept by the Clerk-Treasurer and there is only one official seal that should be used. Councilor Fleming noted that a different seal than the oil well was used on the handout at the first Council meeting in the new chambers. Again, Steve Andrews stated there was only one official seal that should be used and it is kept by the Clerk-Treasurer. Steve Andrews stated that a seal was being used on correspondence by the Mayor but that was not the legal seal of the city and perhaps was the Mayor's own personal seal and was not the seal to be used on any document requiring the city's seal. There being no further business before the Council the meeting was adjourned. APPROVED:Dorothy J. Hancock, Mayor ATTEST: Susan W. Jones, Clerk-Treasurer