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HomeMy WebLinkAboutCCM-08-20-90CARMEL CITY COUNCIL MEETING MINUTES AUGUST 20, 1990 ONE CIVIC SQUARE/COUNCIL CHAMBERS 7:00 P.M. 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, Annabelle Ogle, Alan Potasnik, David Adams, Frank Fleming and Tom Irvin. City Attorney Steve Andrews and Clerk-- Treasurer Susan W. Jones were also in attendance. Councilor Doane gave the invocation followed by the Pledge of Allegiance. Councilor Potasnik suggested amendments to the minutes in MINUTES: the following manner: On page 2, paragraph 4 that the intention of the paragraph was because of the legal advertising requirement and that should be added. On page 2, paragraph 5 that the word leash was misspelled. Councilor Lonzo offered an amendment to the minutes on page 1, paragraph 8, changing the word K-9 to animal control duty. Steve Andrews wanted more clarification on the use of the city seal. Steve Andrews stated that a seal was being used by the Mayor's office but that it was not an official city seal but perhaps a Mayor's seal. He again stated for the record that anytime an actual city seal was needed that the Clerk had the only official seal to be used. Councilor Potasnik then made a motion to approve the minutes as amended. The motion was seconded by Tom Irvin. All members voted aye. Motion carried. Councilor Fleming made a motion to approve the minutes of July 31, 1990. The motion was seconded by David Adams. All members voted aye. Motion carried. A motion was made by Tom Irvin to adopt TRANSFER OF FUNDS/DOCD/CFD: Resolution 8-20-90-1 transferring $1,000 from #201 in the DOCD budget to #250 and Resolution 8-20-90-2 transferring $2,000 from #101 to #120. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. A motion was made by Councilor Potasnik to adopt Resolution 8-20-90-3 transferring $750.00 from #353 to #301 and to adopt Resolution 8-20-90-4 transferring $1,000 from #101 to #110 within the Fire Department budget. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Lonzo submitted a PUBLIC HEARING/VICIOUS DOG ORDINANCE: revised edition of Ordinance D-655 and outlined the changes. Councilor Lonzo suggested since there were changes that we treat this as a first reading. Councilor Lonzo made a motion to include the following changes within Ordinance D-655. The motion was seconded by Councilor Ogle. 1) To amend Section 3 by adding the words "which shall be deposited at the office of the Carmel Clerk-Treasurer" so that the sections reads: The fee for obtaining a vicious dog license shall be one hundred dollars ($100.00) per year which shall be deposited at the office of the Carmel Clerk-Treasurer. 2) To amend Section 8(a) by adding the words "entering private property and/or" so that the section reads: (a) The animal control officer is empowered to make whatever investigation he deems necessary to ensure compliance with the provisions of this ordinance, including, but not limited to, entering private property and/or obtaining a search warrant. 3) To add a new Section 12 to read as follows: Section 12. Miscellaneous Provisions (a) In any case arising under this ordinance, the burden of proof shall be upon the owner of a dog to prove that any action by the dog was "unprovoked". (b) The animal control officer shall have the power to enter onto private property in order to carry out the requirements of this ordinance. (c) Nothing in this ordinance shall be construed to limit any other rights or actions, criminal or civil, in law or equity. (d) Nothing in this ordinance shall be construed to in any way limit any law enforcement officer from exercising his legal authority to seize and/or destroy any animal in order to protect persons and property. 4) To renumber original Sections 12 and 13 to become Sections 13 and 14. All members voted aye. Motion carried. Mayor Hancock then opened the hearing to the public for comments, objections and/or comments. Angela Wilder of 14 Hawthorne Court spoke in opposition to this ordinance for the following basic reasons: 1. Wanted to know how many incidents have occurred in order to justify this type of an ordinance. 2. Felt this ordinance was an infringement and/or violation of the 14th amendment. 3.) Elderly people were not given consideration because they may feel a need to have protection of a "watch dog" and the insurance restriction was too restrictive. 4.) Did not like the location of where the tatoo was to be put on the dog. 5.) Did not like the way the ordinance was written regarding the search warrant. 6.) Called for strict enforcement of the already existing Hamilton County leash law. John Krohn spoke on Section 9 and asked for clarification on the destruction of the animal. In several parts of the section it called for destruction of the animal in a one week time period and in another part of the section it called for destruction of the animal after the judge made a ruling. Mr. Krohn also asked for clarification on Section 12 with the words "unprovoked" and "without provocation." He felt that was a contradiction of purpose. Richard Coleman of 10384 Timberlane spoke against the ordinance. Dr. Coleman, DVM, asked for justification of the ordinance and felt the ordinance was too vague in too many areas. Dr. Coleman also suggested a trained person should be used to work with the dogs rather than a regular police officer. Steve Herring who resides on Alman Drive agreed with the comments of Angela Wilder and cited statistics from the Hamilton County Humane Society on dog bites. Mr. Herring also felt the ordinance needed justification. Karen Coleman who serves on the Board of Directors for the Hamilton County Humane Society made several suggestions to the ordinance. Mrs. Coleman asked for better definition of "lunging at the fence" and also suggested that previous action and/or behavior of a dog should be included in the wording of this ordinance. Hearing no other comments from the public the Mayor closed the hearing to the public and opened it to the Council for suggestions, comments and/or objections. Councilor Irvin said he agreed with what the first speaker had said but felt the safety of children was more important and wanted to work on this ordinance tonight and get it on the books before school started. The Mayor took a consensus of opinion from the Council and all felt the same way. After lengthy discussions the following amendments were made to Ordinance D-655: Section 1. Definitions. Councilor Lonzo made a motion that was seconded by Councilor Doane to add to the last line of sub-section (7) "or who had done so in the past." All members voted aye. Motion carried. Councilor Lonzo made a motion that was seconded by Councilor Adams to add to the last line of sub-section (8) "or was on the property of the owner of the dog." All members voted aye. Motion carried. Councilor Potasnik made a motion that was seconded by Councilor Lonzo to change the last sentence of sub-section (d) to read "The enclosure, as approved by the animal control officer shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. Such enclosure shall conform to the building codes and zoning requirements of the City of Carmel." All members voted aye. Motion carried. Section 4. Application for License. Councilor Lonzo made a motion that was seconded by Councilor Adams to strike the sentence from sub-section (2) that read, "The tattoo shall be placed wither on the upper inner lip or upper left rear thigh of the vicious dog. All members voted aye. Motion carried. Councilor Lonzo made a motion to add a new sub-section (7) to read as follows, "A written declaration by the owner or keeper that he grants consent from the animal control officer to enter on to his private property for the purpose of reasonable inspections to determine compliance with this ordinance." The motion was seconded by Councilor Adams. All members voted aye. Councilor Lonzo made a motion to add sub-section (a) to the ordinance to read, "The Clerk-Treasurer shall cause a copy of the completed applications for vicious dog licenses to be sent to the Carmel Chief of Police." The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Lonzo made a motion to add sub-section (b) to the ordinance to read, "No license shall be issued by the Clerk-- Treasurer until the information obtained can be confirmed by the animal control officer." The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Section 5. NOTIFICATION OF CHANGE OF CIRCUMSTANCES Councilor Lonzo made a motion to add a new sub-section (e) to read, "The Carmel Chief of Police shall cause to be sent to the Carmel Clerk-Treasurer a copy of all notifications of changes required by this section." The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Section 8. INQUIRY Councilor Adams made a motion to strike the words, "entering private property and/or" from sub-section (a). The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Section 9. PENALTIES Councilor Lonzo made motion that was seconded by Councilor Adams to strike the words "after the expiration of a one week waiting period" from sub-sections (a), (b) and (c). All members voted aye. Motion carried. Section 12. MISCELLANEOUS PROVISIONS Councilor Lonzo made a motion to change the word "unprovoked" to "provoked" in sub-section (a). The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Councilor Lonzo made a motion to suspend the rules and act on Ordinance D-655 tonight. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-655 passed unanimously. PUBLIC HEARING/ADDITIONAL APPROPRIATION/GENERAL FUND/CLERK- A motion was made by Councilor Irvin to TREASURER BUDGET/$1,935.00: introduce Ordinance D-656 and suspend the rules for reading of the same. The motion was seconded by Councilor Fleming. All members voted aye. The Mayor explained that this request is from the Clerk- Treasurer's budget, general fund and is for software support in the amount of $1,935.00. The Mayor opened the hearing to the public and asked for any objections and/or comments on this request. There being none, the hearing was closed to the public and opened to the Council. Again, there were no comments or objections. Councilor Lonzo made a motion to suspend the rules and act on Ordinance D-656 tonight. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-656 passed unanimously. Councilor Lonzo called for the adoption of Resolution 8-20-90-5 which calls for an additional appropriation in the amount of $1,935.00 for both the water and sewer for the clerk's budget for software support. All members voted aye. Resolution 8-20-90-5 passed unanimously. Tim Stevens, REQUEST FOR ANNEXATION/THORNHURST ADDITION LOTS 5 & 6: Campbell, Kyle and Proffitt outlined the annexation request for the City Council. Councilor Potasnik made a motion to move this item on agenda from last place to now. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Lonzo made a motion to withdraw from action because the annexation involved the school system. Councilor Lonzo stated he wanted to do this in order to avoid a possible conflict of interest. Councilor Adams made a motion to introduce ordinance C-142 and suspend the rules for reading of the same. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Potasnik made a motion to suspend the rules and act on C- 142 tonight. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance C-142 passed unanimously. Councilor Lonzo did not vote or participate in any of the action concerning this annexation. Councilor Potasnik made a motion to PUBLIC HEARING 1991 BUDGET: introduce the following ordinances: Ordinance D-657 General Fund Budget 1991 $9,062,260.00 Ordinance D-658 MVH Fund Budget 1991 $1,389,559.00 Ordinance D-659 Police Pension Budget 1991 $ 110,971.00 Ordinance D-660 Cum Cap Sewer Budget 1991 $ 20,000.00 Ordinance D-661 Cum Cap Dev. Budget 1991 $ 150,000.00 Ordinance D-662 Law Enf. Cont. Ed. Budget $ 10,000.00 Ordinance D-663 Fire Pension Budget 1991 $ 149,269.00 Ordinance D-664 Lease/Rental Budget 1991 $1,304,000.00 Ordinance D-665 Debt Service Budget 1991 $ 312,260. 00 The motion was seconded by Councilor Lonzo and all members voted aye. Motion carried. Mayor Hancock opened the hearing to the public calling for objections and/or comments concerning the 1991 proposed budget. Hearing none, the public hearing was closed to the public and opened it to the Council for objections and/or comments. Councilor Irvin asked Clerk-Treasurer Jones how she felt the proposed tax rate for 1991 compared to the current rate for 1990. Jones stated the advertised rate will fall because the assessed valuation has not been certified and that she had used 95% of this years assessed valuation in figuring the rate rather than the one the county gave her. This was based on advice she had received from the field officer of the State Tax Commissioners. The second reading and final adoption of the budget will be on August 27, 1990. Councilor Potasnik made a motion to COMMUNICATIONS CENTER CLAIMS: approve a claim from Complete Home Works, Inc. in the amount of $825.00. This claim is for demolition work being done on the Communications Center. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Potasnik made a motion to approve a claim from Ace Hardware in the amount of $30.16 for the Communications Center. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. City Attorney Andrews asked for direction from PROPOSED LEASH LAW: the Council on a proposed leash law. Councilor Adams was drafted by Councilor Lonzo to help with the writing of this ordinance. Councilor Lonzo stated he had talked with Dr. Paramore and he suggested we obtain a copy of the Indianapolis leash law as a base. RESOLUTION ADOPTING DRUG TASK FORCE INTER-LOCAL AGREEMENT: Councilor Lonzo called for the adoption of a Resolution for an inter-local agreement between the City of Carmel, Town of Fishers, County of Hamilton and City of Noblesville for the purpose of forming a drug task inter-local agreement force Mayor Hancock called for the vote. All members voted aye. The Resolution passed unanimously. : Councilor Lonzo made a motion to REQUEST FOR TAXI/LIMO LICENSE approve the application of William R. Thom, dba Elite Livery Services, contingent upon a favorable background check from the police department, for a taxi/limo license. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Clerk-Treasurer Jones stated that all necessary documents had been submitted to her office and recommended approval. Councilor Potasnik stated that he had been working ALARM ORDINANCE: on an alarm ordinance for the city and asked for direction from the Council and also requested that the City Attorney begin drafting a proposed rough draft for the Council's consideration. The ordinance would include standards for equipment that will be monitored by the city and to address the problem of false alarms. There being no further business before the Council the meeting was duly adjourned. APPROVED: Dorothy J. Hankcock, Mayor ATTEST: Susan W. Jones, Clerk-Treasurer