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HomeMy WebLinkAboutCCM-12-02-91CARMEL CITY COUN CIL MEETING MINUTES 7:00 P.M. DECEMBER 2, 1991 CARMEL CITY HALL / ONE CIVIC SQUARE The Carmel City Council meeting was called to order by President David Adams. Council members in attendance were Lee Lonzo, Annabelle Ogle, Alan Potasnik, Frank Fleming and Tom Irvin. Councilor Doane and Mayor Hancock were not present. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. The pledge of allegiance was given followed by a presentation of an achievement award to the Carmel High School Boys Soccer Team. The plaque was given by Councilor Lonzo to the soccer coach and members of the boys soccer team. The CHS boys soccer team won the 1991 State championship. Ogle moved to approve the minutes as MINUTES/NOVEMBER 18, 1991: submitted. The motion was seconded by Potasnik. All members voted aye. Potasnik moved to add two transfers by the ADDITION TO AGENDA: Carmel Communications Center to the agenda and to allow those requests to be heard at the same time other transfers are done. The motion was seconded by Lonzo. All members voted aye. CPD Major Don Allen made the TRANSFER / CARMEL POLICE DEPARTMENT: presentation to the Council. Allen stated this request was on behalf of the new Police Chief, effective January 1, 1992, Roger Conn. Conn was requesting the leases be paid off on four police vehicles. This would save $1,488.96 in interest and would free up approximately $14,500 in the 1992 budget. This transfer would be in the amount of $35,232.00 from full time salaries into #478 Leased vehicles. Allen also asked for the Council to approve a claim in the amount of $39,435.00 from #478 to go ahead and pay these leases immediately. Allen explained the pay-offs on some of the leases were December 7 and December 11 and the Board of Public Works and/or the Council would not be holding a meeting until the 16th. Irvin asked about taking the money from full-time salaries and asked where the surplus came from in that line item. Allen explained there was extra money in this account because the department had not been in full force or full strength for the entire year. Potasnik asked about the Council approving the claim for the pay- offs rather than taking it to the Board of Public Works. Potasnik was concerned about the legality of doing it this way. Clerk-Treasurer Jones assured Potasnik that the Council had authority to approve claims as they had full authority over the budget and this was the same way that claims were handled for the Communication Center. Potasnik said he understood that but thought all claims made their way back to the BPW for approval. Jones stated this claim would eventually appear on a claims docket that the BPW approves. She said all checks are hand cut and issued for the Communications Center all the time and it was perfectly legal. Lonzo said he was for the transfer but wanted to caution the new Council and those Council members who would be remaining on the Council to carefully watch what CPD does with those extra dollars in that particular line item in the budget. Lonzo categorized this transfer as causing a windfall for the new year in the police department's budget. Potasnik moved approval of Resolution 12-2-91-2 which allows a transfer in the police department budget in the amount of $35,232.00 form #101 Full Time Salary into #478 Leased Vehicles. The motion was seconded by Ogle. All members voted aye. Motion carried. Lonzo moved to approve the claim to pay off the lease. The motion was seconded by Potasnik. All members voted aye. Motion carried. Assistant Fire Chief Doug Callahan TRANSFER/COMMUNICATIONS CENTER: presented two transfer Resolutions for consideration by the Council. Resolution 12-2-91-5 called for a transfer of funds of $2,500 for #424 Software Support and $3,500 from #475 Maintenance Contracts into #358 Other Supplies. Resolution 12-2-91-6 call for a transfer of $5,000 form #101 Salaries and $6,000 from Computer Software into #642 Other Equipment. Callahan said the reason for the extra money was to purchase a 60 month supply of tapes for the Communication Center building. The Clerk-Treasurer stated for the record that she had not seen these transfers until right this minute and had not checked them with the latest print out sheet for the Communication Center. Jones said she could not attest to whether or not there was money available for these transfers. Potasnik moved to approve Resolutions 12-2-91-6 and 12-2-91-6. Irvin seconded the motion. All members voted aye. Motion carried. Clerk-Treasurer Jones stated that ORDINANCE D-730/SICK LEAVE: Ordinance D-730 permits sick leave to be taken by employees in hourly increments rather than one-half day increments. Jones explained this would allow vacation and sick leave to be earned and taken in the same manner. Jones stated the computer is already set up to take care of this and asked for the Council's approval. Councilor Fleming moved to introduce D-730 and dispense with the reading. The motion was seconded by Ogle. Lonzo moved to suspend the rules and act on D-730 tonight. The motion was seconded by Potasnik. All members voted aye. Motion carried. President Adams called for the question. All members voted aye. Ordinance D-730 passed unanimously. Councilor Irvin moved to introduce PUBLIC HEARING/Z-264/REZONE: Ordinance Z-264 and dispense with the reading. The motion was seconded by Potasnik. Jim Nelson, 3663 Brumly Way, Carmel representing the petitioner, PIA Indianapolis, Inc. outlined the rezone request by first stating that PIA was the owner of the 21 acre parcel of real estate which is located south of and adjacent to 111th Street between the Delta Faucet Corporate Headquarters and the Meridian Corridor on the west and the Pleasant Grove United Methodist Church on the east. Nelson said the northern real estate is zoned B-6 and the southern part is zoned B-7. Nelson stated that the northern 9 acres was rezoned from B-7 to B-6 in the summer of 1989 upon the favorable recommendation of the Plan Commission to provide for a mental health treatment center to be known as Arbor Hospital. Nelson stated that hospital was completed in 1990 and is now desirous of expanding its existing services and facilities by the addition to its 21 acre campus of a 40 bed residential treatment center to be constructed on the southern 11.5 acres which is currently zoned B- 6. The request tonight would be for the consideration of the B-7 area being rezoned to B-6. Nelson stated this request also comes from Plan Commission with a favorable recommendation. After Nelson's presentation, Adams opened the floor to a public hearing calling for comments, questions and/or objections concerning rezone. Jones stated this rezone was advertised correctly. Tom Ryan, Director of Special Services for the Hamilton-Boone Special Education Cooperative spoke in favor of the rezone. Ryan said he has been in Carmel for 9 years and has served the handicapped children of the community. Ryan stated his purpose tonight was twofold. He believed that Arbor Hospital has provided, in the past year, a program for day treatment for those children who cannot successfully attend the public schools. Ryan said Hamilton-Boone Special Education Cooperative has coordinated their efforts to provide an opportunity to remain at home while being able to attend Arbor Hospital while receiving their public school education. His second purpose was to talk about the significant need of children and youth in the community. He said when he first came to this community he served approximately 600 children and as of this year they are serving approximately 4,000 handicapped children. Ryan stated many of those children had needs beyond what the school system could provide and on behalf of those children asked for the Council's approval so they may be afforded the opportunity to remain in a therapeutic setting on a long-term basis that they so desperately need. Hearing no other comments the public hearing was closed by Adams and opened to the Council for questions, comments and/or objections. Irvin moved to suspend the rules and act on Ordinance Z-264 tonight. The motion was seconded by Ogle. All members voted aye. Motion carried. Potasnik commented that he has had the opportunity to vote five times on this since PIA came to town. Potasnik said that he normally doesn't like to suspend the rules on a rezone but in this case he felt it would be in the best interest to go ahead this evening and act on this rezone. He said that PIA supplied a covenant to the Plan Commission that the City could enforce and felt that would afford protection to the individuals who lived to the south of the gas line located on the PIA property. Adams called for the question. All members voted aye. Ordinance Z-264 passed unanimously. Irvin EMPOWERMENT OF CITY OF CARMEL REDEVELOPMENT COMMISSION: stated that back-up to this agenda item had been sent out several weeks ago and then asked Andrews if there was a problem with the power of the Redevelopment Commission. Irvin asked if all the deadlines had been met. Andrews stated he thought so and that he talked with Ice, Miller, Donanido and Ryan (bond counsel) back when this item came up, prior to the special meeting, they had no problem. Andrews said that the letter Dr. Story has sent requested a legal, written opinion. Andrews said he had no authority to ask for a legal opinion. Andrews stated that would be up to the Council or the Mayor could instruct him to get this opinion. Andrews said back when this thing came up, Ice, Miller was not hesitant to go ahead with the procedure. Lonzo asked Andrews if Ice, Miller would charge the city for an opinion and if so, would he have an idea of how much. Andrews replied, he couldn't imagine they wouldn't and had no idea. Lonzo moved to go ahead with requesting the opinion. Potasnik seconded the motion. Andrews said he could request a price and stated his budget had certain limitations. Andrews felt the cost could possibly be around $2,500. Andrews said he would come back to the Council if the cost would be higher and get authority. Irvin asked that if they were not legal could the Council reappoint the same people to the commission tonight. Andrews said if it isn't properly in place it doesn't matter who you appoint because it doesn't make those appointments any good. Potasnik asked if this opinion couldn't be rendered by the next meeting. Andrews thought it could be done. Lonzo amended his original motion to include all the limitations. Adams called for a voted on Lonzo's amended motion. All members voted aye. Motion carried. PUBLIC HEARING/ORDINANCE C-163/ANNEXATION OF RIGHT-OF-WAY ON HAZEL Irvin moved to introduce Ordinance C-163 DEL ROAD AND AVIAN GLEN: and dispense with the reading. The motion was seconded by Ogle. Andrews explained this was simply a "housekeeping" ordinance. Andrews said a few meetings ago the Council did a project on Avian Glen and this ordinance picks up half of the road and right-of-way that abuts that project. Andrews said it was not put in the original petition and the County requires that when the City does an annexation it must pick up the abutting road and this road was only picked up half way across. Andrews said the road does not require the developer to improve that road at his expense. Adams opened the floor to the public calling for questions, comments and/or objections. Seeing none the public hearing was closed and opened to the Council for the same. Potasnik said he always has the same question whenever this type of situation occurs and hoped that the City Engineer would take steps necessary in getting that developer to put that road up to City standards at the cost of the developer. Potasnik moved to suspend the rules and act on Ordinance C-163 tonight. The motion was seconded by Fleming. All members voted aye. Motion carried. Adams called for the question. All members voted aye. C-163 passed unanimously. ORDINANCE D-731/NO PARKING NORTH SIDE OF FIRST STREET NE BETWEEN Fleming moved to introduce Ordinance D- 8:00 A.M. AND 3:00 P.M.: 731 and dispense with the reading. The motion was seconded by Ogle. Fleming stated this would limit parking during school hours in front of the Masonic Lodge. Fleming said this was discussed at the April 15, 1991 meeting and he thought there had been an ordinance passed on this but it never happened. Fleming moved to suspend the rules and act on D-731 tonight, The motion was seconded by Ogle. All members voted aye. Motion carried. Adams called for the question. All members voted aye. Ordinance D-731 passed unanimously. Adams stated this ORDINANCE D-738/LIMITED PARKING ON MAIN STREET: was listed on the agenda as D-732. Lonzo stated it actually should be D-738. Lonzo moved for the introduction of Ordinance D-738 and dispense with the reading. The motion was seconded by Ogle. Lonzo stated this ordinance would establish two hour parking on the north side of Main Street NE between 1st Avenue NE and 4th Avenue NE. Ogle explained that because of student parking on Main Street one of the businesses on Main was losing business and having customers call and say they were canceling reservations because they couldn't find a place to park. Ogle said the business could show a definite loss in business during their peak hours. Ogle said they (Don Allen, CPD and Dave Klingensmith, Street) have tried a "stop gap" measure by posting no parking signs and found that business has picked up again. Ogle said they were not enforceable because there is no ordinance but it has helped and is an ongoing problem. Ogle said Lonzo continued to talk with others and found there is a definite need for some type of remedy to this problem. Andrews said that in the ordinance where it lists subsection 51, it should actually state subsection 52. Lonzo said that it was a consensus among most of the businesses along Main Street that this ordinance would help their situation. Lonzo moved to suspend the rules and act on D-738 tonight. The motion was seconded by Fleming. All members voted aye. Motion carried. Adams called for the question. All members voted aye. Motion carried. Ordinance D-738 passed unanimously. Lonzo stated that ORDINANCE D-732/LIMITED PARKING/OLD TOWN CARMEL: the agenda called for Ordinance D-733 that was the original D-727 and was sent out as reference for D-732. Lonzo said that D-733 doesn't exist. Lonzo moved to introduce Ordinance D-733 and dispense with the reading. The motion was seconded by Ogle. Lonzo stated there were several amendments to D-733. Lonzo said in sentence number 3 it should read the west side of 1st Avenue. Lonzo stated that in sentence number 5 it should read the north side of 2nd Street NE between 1st Avenue NE and 2nd Avenue NE. Ogle concurred with the changes. Lonzo said the school came to the City and asked for a variance to grant additional parking across from the high school and were denied that request by the BZA and the high school administration has requested that all students park in the football parking lot and walk in each morning. Lonzo said many of the students have found that it might be a shorter distance to walk in from old Carmel. Lonzo said that as much as many of the citizens he talked to wanted the school to do something about it, at least at this point, the school feels they are not in a position to put out rules about where kids park on their way to school which puts it squarely back in the laps of the Council. Lonzo said he did walk along this area and talked with several of the people who have called and complained about the parking and he has consulted with both Chiefs Barney and Allen, Klingensmith, Councilors Ogle and Fleming and the school administration and basically what this ordinance would do, if adopted, put into effect, the same sort of parking restrictions the City has along Lexington Boulevard. Lonzo said it was his intention to not have this ordinance voted up tonight but rather get some publicity on what might be a solution and suggest something rather unique, Lonzo said since there are a lot of senior citizens who live in that area and thought it would be good to get input from them that he talked with the high school's principal, Dr. Duke and he has offered the cafeteria as a place where the Council could have a special meeting held in their neighborhood and particularly if it is for this one item. Notices will also be distributed to the doors of these residents should the mayor call a special meeting. Lonzo said the mayor has agreed to call a special meeting of the Council for Wednesday, December 11, 1991 at 7:00 P.M. It was Lonzo's understanding that Dottie would call this meeting. Adams asked Lonzo if it would be his intention to just get public input or did he want to act on the ordinance that night. Lonzo said he wasn't sure there would even be a quorum to act that night but he thought it would be a good idea to dispose of the matter that night with those folks there as opposed to bringing it back on the 16th. Adams asked if there needed to be suspension of the rules in order to refer the second reading of this ordinance to that special meeting. Lonzo said yes and so moved. Irvin seconded the motion. All members voted aye. Motion carried. ORDINANCE A-65 AND ORDINANCE S-52/WATER AND SEWER BUDGETS FOR 1992: Jim Dougherty presented the water budget to the Council. The total water operating budget for 1992 was $1,590,545 and the total depreciation fund was $300,752. Potasnik moved to introduce Ordinance A-65 and dispense with the reading. There was no second to the motion. Irvin moved to suspend the rules and act on Ordinance A-65 tonight. The motion was seconded by Ogle. All members voted aye. Motion carried. Adams called for the question. All members voted aye. Motion carried. Fleming moved to introduce Ordinance S-52 and dispense with the reading. The motion was seconded by Ogle. All members voted aye. Motion carried. Dougherty then presented the sewer budget to the Council. The total sewer operating budget for 1992 was $2,402,684 and the total depreciation fund was for $140,166. Ogle moved to suspend the rules and act on S-52 tonight. The motion was seconded by Lonzo. All members voted aye. Motion carried. Adams called for the question. All members voted aye. Ordinance S-52 passed unanimously. ORDINANCES Z-267/CARMEL-CLAY GOVERNMENTS TO BE EXEMPT FROM ZONING PROCEDURES AND ORDINANCE Z-268/MOBILE TELEPHONE TOWERS PROHIBITED: The Clerk-Treasurer stated that before they began any discussion that Bill Wendling, attorney for the Plan Commission, advertised for a public hearing tonight and without knowing that he had done so, she too had advertised for a public hearing but not until December 16, 1991. The agenda was not written for a public hearing since she was not aware of Wendling's actions. Adams said that as long as a public hearing took place at the time of a Council meeting that they were okay. Andrews agreed. Potasnik moved for the introduction of Ordinance Z-267 and dispense with the reading. Ogle seconded the motion. Wes Bucher, Director of Community Development presented the ordinance to the Council. Bucher said this ordinance comes from the Plan Commission with an unanimous recommendation that would exempt township governmental units from zoning procedures just as the City is currently exempt. Bucher said they still would have to conform to state building codes. Adams then opened the floor to a public hearing. Attorney for Clay Township, Robert Campbell asked for the Council's favorable consideration on this matter. Campbell asked for a clarification on whether or not the Council would be holding one public hearing or two. Adams said he thought there would only be one. Andrews asked Jones if the hearing was properly advertised for tonight. Jones stated it was. Andrews said the Council was ready to proceed. Campbell said the requested zoning change was a request of the township. Current zoning codes section 28.7.5 currently exempts city facilities and buildings from zoning requirements and procedures. Campbell said if this represents solid public policy and he believed that it does, that it only seemed fair for the township, likewise, be exempted from the zoning procedures. Campbell said this ordinance does not exempt the city from safety regulations and state building codes. James Quinn, 3129 Jason Street, Carmel stated that he had before him the proof of publication for the clerk's advertisement. Quinn stated the notice was published on November 29th and called for a public hearing on December 16th for both Z-267 and Z-268. He went on to say he happened to be in the clerk's office when Attorney David Coots called and asked if there was going to be a public hearing. The receptionist replied no. Andrews said he apologized for the mix up. He said Coots called him today too and asked if there was going to be a public hearing today and he also told him no. Coots was concerned about being prepared for tonight. Jones stated for the record that she was not aware of Wendling advertising for a public hearing until this afternoon. Potasnik said he voted already at the Plan Commission level on both of these ordinance items and felt his vote would not change in either case, however he felt communication was very important. Potasnik felt the Council would be in a very difficult position if on the 16th the Council had a room full of people looking for an ordinance that had already been passed. Potasnik wanted to continue the hearings until the 16th. Potasnik wanted to take input from those who were here tonight and then take more input on the 16th from others. Lonzo agreed with Potasnik. Campbell wanted to have the option of returning to the Council on the 16th and addressing any questions anyone might have at that time. The Council stated that option would be open to him. The Council would be considering the ordinance that night for passage as the second public hearing would be left open and then they could have a second reading. Campbell was concerned about getting this ordinance passed before the end of the year. Potasnik moved to introduce Ordinance Z-268 and dispense with the reading. The motion was seconded by Ogle. Bucher explained the proposed ordinance to the Council. Bucher stated this ordinance prohibited mobile telephone communication towers in residential zoning of Carmel and Clay Township. Adams then opened the floor to a public hearing calling for questions, comments and/or objections. David Coots, Attorney, 255 East Carmel Drive, representing GTE addressed the Council on this issue. Coots stated GTE was in the process of constructing a tower at I-465 at the old Monon Railway right-of-way in the very southern part of the township. Coots stated that when the Plan Commission passed this resolution, unanimously, GTE had asked through a written petition that they be given some additional time to present to the Council the engineering and the as to why the towers are needed where they place them in order to serve the areas that cellular telephone service does serve. Coots said with the hearing being continued until the 16th, he felt GTE had adequate time to make that information available to the Council. Coots said he understood the need for the "stop gap" ordinance presented tonight but also understood the realization that in order to service western Clay Township which is residential, you are going to need a cellular tower out there somewhere. Coots stated he would be back. Ogle asked if this information could be distributed prior to the meeting so the Council would have adequate time to look at it. Coots said he would provide written information prior to the meeting in their packets. Todd REPORT ON UTILITY BOND REFUNDING/H.J.UMBAUGH AND ASSOCIATES: Samuelson, Senior Accountant with H.J. Umbaugh and Associates gave an outline to the Council on the possible refunding measure. A complete copy of the text that Samuelson outlined is attached to the minutes.(See original minutes for attachment.) It was the final recommendation of Samuelson for the City to use funds on hand to pay off the bonds rather than using a refunding bond. Samuelson said the outstanding bonds were carrying an 8.25% gross interest rate and although the City would maintain more funds on hand of you use refunding bonds, you are only in today's market, only able to generate approximately 5% to 5.25% on investments. Samuelson said even if you were able to use refunding bonds you would still be paying out more than you are earning as far as interest. Samuelson also stated that fund requirements are less if you do not have outstanding debt and makes it easier in the future, if the City should need to issue debt and to also use the funds you have on hand. The clerk-treasurer asked if Jim Dougherty of the CPA from the Utility company had been informed of this report or had any recommendations. Samuelson said no but recommended we get his or their opinions as we proceed through this. Samuelson said that regardless of what option the Council decided to use that much more work would need to be done. Ogle asked the clerk-treasurer it there would be a penalty for early withdraw of investments. She stated no. The consensus of Council was to bring this item back at the next meeting. Fleming moved to approve a claim to COMMUNICATIONS CENTER CLAIMS: Buckeye Power Sales in the amount of $921.00, Thomas Allebrandi in the amount of $7,840.00 and David Wilcox in the amount of $1,180.00. The motion was seconded by Ogle. The clerk-treasurer asked if there was a contract for David Wilcox. She stated the Board of Public Works never approved a contract for this person and asked the city attorney for concurrence. Andrews agreed stating that Wilcox was having problems with insurance. The clerk also questioned Allebrandi's claim since the City had canceled his contract with Allebrandi. Andrews stated this amount was for work done prior to the cancellation. Andrews said Allebrandi could get paid but not Wilcox. Fleming amended his motion to only approve claims from Buckeye Power Sales and Thomas Allebrandi. Ogle concurred with the change. All members voted aye. Motion carried. ORDINANCE D-734/AMENDMENT TO CITY BUILDING CODE/SWIMMING POOLS: Lonzo moved to introduce Ordinance D-734 and dispense with the reading. The motion was seconded by Ogle. Bucher stated that Ordinance D-734 would amend the city building code to require fences around pools. Bucher said that if the Council would recall, they had this discussion in May and the Council adopted a motion or a zoning amendment that changed the City's zoning ordinance and also instructed legal counsel then to take steps to get this done down at the State level. Bucher said DOCD has gone to the State and now have been told by State that they can't act on their request until the building code had been amended. Bucher said this ordinance puts the same language used in the zoning amendment in the building code with the exception of the fence height. Bucher said they took the liberty of changing the fence height from a 6 foot fence to a 5 foot fence because that is what the State Building Commission code requires. Bucher said the members of the State Building Commission were quite concerned over the difference of a 5 and 6 foot fence and felt their 5 foot fence was adequate and did not seem like they wanted to approve a 6 foot fence. Bucher said that if this got passed then the zoning ordinance would also have to be amended back for 6 foot to 5 foot in order for them both to agree. Potasnik thought this was the initial intent of the Plan Commission from the beginning but when it was brought before the Council that the Council wanted this more restrictive. Potasnik felt this should go back to the Plan Commission where it all started to begin with. Bucher said yes, that probably the zoning ordinance would have to go back to the Plan Commission for an amendment. Bucher just wanted the building code amended to match the state building code rather than just allowing a pool cover. Bucher felt there were really two issues. This ordinance would state that under city building codes it would take a fence around a pool rather than just a pool cover and it would change the fence height to match state building code. Irvin moved to suspend the rules and allow a member of the public to speak. Lonzo seconded the motion. All members voted aye. Motion carried. Thomas Kendall, 11818 Gray Road, questioned that if the City has adopted the State building codes on this already by reference, it was his understanding that the state law uses the words "or" rather than the words "and". Kendall said that according to the state law you may have a fence or pool cover but don't necessarily have to have both. Kendall said, that being the case a person could build a pool today with only a pool cover. Kendall then asked in reference to the "and" at the of #2 and #3 in the ordinance and wondered if you invoke #2 you must also invoke #3 and invoke #4 because of the "ands" at the end of the paragraphs. Lonzo said that on Kendall's first question, that was the whole point and that is why the Council has been hacking around with this thing for the last year and one half because Carmel wanted to be more restrictive than State law. Andrews said he wasn't sure he even understood the question. Kendall said it has been his experience that once you see the word "and" it means plus. Andrews said exactly. Andrews said the way this ordinance reads now is that you can put all the pool covers on you want but the fact is you have to have a fence with a self- locking gate. Andrews said Bucher had a meeting with the people downtown in the morning and the bottom line was they don't want to vary from the 5 foot fence. Lonzo moved to suspend the rules and act on Ordinance D-734 tonight. The motion was seconded by Ogle. All members voted aye. Motion carried. Adams called for the question. All members voted aye. Ordinance D-734 passed unanimously. ORDINANCE Z-269/AN ORDINANCE AMENDING Z-256 PENTHOUSE/MECHANICAL At the beginning of APPURTENANCES - CLARIFYING AFFECTED SECTION: this agenda item a Resolution (12-2-91-3) had been submitted for consideration. Andrews determined later that anytime you wanted to amend an ordinance it would take another ordinance. Bucher stated this ordinance would clarify a scriveners error from Z-256. Bucher said when Z-256 was passed by the Council there were not the proper citations for it and this would correct that. The last paragraph of Z-256 would be amended to read, "That Section 26.1.4 of the Carmel Zoning Ordinance shall be amended as of November 5, 1990." Lonzo moved to introduce Ordinance Z-269 and dispense with the reading. The motion was seconded by Irvin. Lonzo moved to suspend the rulesand act on Ordinance Z-269 tonight. The motion was seconded by Ogle. All members voted aye. Motion carried. Adams called for the question. All members voted aye. Ordinance Z-269 passed unanimously. ORDINANCE D-735 - PETTY CASH FUND FOR DEPARTMENT OF COMMUNITY Irvin moved to introduce Ordinance D-735 and dispense DEVELOPMENT: with the reading. The motion was seconded by Lonzo. Bucher explained that in next year's budget the Council had budgeted $100.00 for a Petty Cash Fund for the Department of Community Development and this ordinance would establish that fund. Jones stated she was not in favor of this ordinance. She said she was ultimately responsible for all of the cash that goes into all of these petty cash funds and it was her intention to request the new Council to abolish all of them and have one large one held in her office for everyone to use. Bucher said he and other members of his staff often had to use their own money for "things" and had to wait 5 and 6 weeks to get reimbursed. Jones stated that she processed claims every two weeks and there was no reason why anyone would have to wait for the payment. Potasnik moved to suspend the rules and act on D-735 tonight. The motion was seconded by lonzo. All members voted aye. Motion carried. Adams called for the question. All members voted aye. Ordinance D-735 passed unanimously. Irvin stated that he thought it would be a good idea if in the future, the Council consider a petty cash fund for all of the departments coming audited and monitored by the clerk-treasure's office. Jones said that was the way is was supposed to be done now. Irvin asked if they are being done that way now. Jones said somewhat. Jones said you had to be able to get into those offices to count the money. ORDINANCE Z-270/AN ORDINANCE AMENDING Z-259-SATELLITE ANTENNAS/CLARIFYING SUBSECTION 25.12 AND REPEALING ORDINANCE Z-211: Adams stated, once again, that a Resolution (12-2-91-1) had been used to amend an ordinance and it would take an ordinance to amend an ordinance and not a resolution. The resolution was changed to an ordinance and given a number of Z-270. Potasnik moved to introduce Ordinance Z-270 and dispense with the reading. The motion was seconded by Lonzo. Bucher explained that the original ordinance, Z-259 dealing with satellite antennas did not include the repealing of Z-211. This ordinance takes care of this and also puts the proper city code subsection numbers in where they are required. Lonzo moved to suspend the rules and act on Z-259 tonight. The motion was seconded by Ogle. All members voted aye. Motion carried. Adams called for the questions. All members voted aye. Ordinance Z-259 passed unanimously. ORDINANCE D-736/ESTABLISHMENT OF A DONATIONS FUND AND ORDINANCE D- 737/ESTABLISHMENT OF A LAND ACQUISITION FUND BY THE CARMEL-CLAY Adams stated the President of the PARKS AND RECREATION BOARD: Parks Board, Judi Jacobs, requested these two items be removed from the agenda and would return at her request. Ogle so moved. The motion was seconded by Lonzo. All members voted aye. Motion carried. Potasnik requested time at the next Council OTHER BUSINESS: meeting to address the Council. Potasnik also stated he had a copy of the Council newsletter that was being distributed by the Indianapolis Weekly Update this week for anyone to look at if they wished. There being no further business before the Council the meeting was duly adjourned. Approved: Attest: