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HomeMy WebLinkAboutCCM-11-04-91CARMEL CITY COUNCIL MEETING MINUTES NOVEMBER 4, 1991 CARMEL CITY HALL/ONE CIVIC SQUARE 7:00 P.M. The meeting was called to order by Mayor Dorothy J. Hancock. Council members in attendance were Tom Irvin, Annabelle Ogle, Lee Lonzo, Alan Potasnik, David Adams and Frank Fleming. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by the mayor followed by the pledge of allegiance. Potasnik made the following amendments. MINUTES/OCTOBER 21, 1991: The minutes on page 6, first full paragraph starting with Potasnik's name, four lines from the bottom should be changed from "residential state" to "restrictive covenants". Potasnik also wanted the second to the last sentence in that same paragraph to read, "Potasnik stated if Coots was asking for a rezone and you are not submitting a development plan as a part of this rezone. Coots stated yes." Fleming moved to approve the minutes as amended. Irvin seconded the motion. All members voted aye. Motion carried. Clerk-Treasurer's Budget/General Fund: Irvin moved to TRANSFERS: approve Resolution 11-4-91-1 calling for the transfer of $900.00 from #202 Health Insurance into #101 Full-time Salaries and $50.00 from #202 Health Insurance into #202 Recording Fees. The motion was seconded by Potasnik. All members voted aye. Motion carried. City Court/General Fund: Irvin moved to approve Resolution 11-4- 91-2 calling for the transfer of $2,500.00 from #424 to #640. The motion was seconded by Ogle. All members voted aye. Motion carried. Fire Department/General Fund: Irvin moved to approve the following Resolutions calling for the transfer of monies within the Fire Department's budget. 11-4-91-3 $37,000 From #101 to #201 11-4-91-4 $ 300 From #311 to #315 11-4-91-5 $ 400 From #311 to #317 11-4-91-6 $ 2,500 From #467 to #442 The motion was seconded by Fleming. All members voted aye. Motion carried. Board of Public Works/General Fund: Fleming moved to approve the Resolution 11-4-91-7 calling for the transfer of $186.06 from #358 to #472. All members voted aye. Motion carried. Fleming moved UNDERGROUND STORAGE TANK REMOVAL/MORE INFORMATION: to remove this item from the agenda and refer it to the Board of Public Works and/or Steve Andrews. The motion was seconded by Adams. All members voted aye. Motion carried. Lonzo reported that last Tuesday PARKING AROUND THE HIGH SCHOOL: he was asked by Dr. Duke as Administrative Assistant at the High School to sit in on a meeting with Chief Barney and Jeff Lazo (Dean at CHS). Lonzo stated that the High School lost virtually all of the student parking on the High School grounds this year which put all of the kids on the new football field parking lot. Lonzo said a lot of kids have figured out that it is a shorter distance to park in old town Carmel and walk in from that direction than to park at the football field. Lonzo said that they had only received two complaints from two residents. The recommendation was that the temporary "No Parking" signs which were erected by the Chief this summer in order to get emergency vehicles in and out to the High School would be replaced with permanent signs that would ban parking from 8:30 a.m. to 9:30 a.m. on school days. Lonzo also stated that he was looking into limiting parking along Main Street but would be talking with merchants before doing anything. Lonzo then moved to introduce Ordinance D-727 and suspend the reading of the same. The motion was seconded by Fleming. Fleming then moved to amend Ordinance D-727 by adding the east side of 1st Avenue NE from 1st Street NE to the 400 block of 1st Avenue NE. The motion was seconded by Lonzo. All members voted aye. Motion carried. Fleming moved to suspend the rules and act on D-727 tonight. The motion was seconded by Adams. All members voted aye. Motion carried. Hancock called for the question. All members voted aye. Ordinance D-727 passed unanimously. Steve Andrews, City Attorney stated he would send a cleaned up copy of the ordinance for signing. Steve Brown, resident of Carmel and member PGA COMMITTEE REPORT: of PGA Promotional Committee presented a verbal outline of activities the committee had done. Brown thanked the Council for the original appropriation of $8,000 to use as seed money for the committee's activities. Brown stated that at the time of the appropriation he was unable to make a promise to pay the money back and that wasn't one of the conditions but he was happy tonight to present a refund check in the amount of $4,704.55. Brown gave the check to the mayor and in turn the mayor gave the check to the clerk-treasurer for deposit. Lonzo moved to return the money back to the Economic Promotional Fund rather than the General Fund. The motion was seconded by Irvin. All members voted aye. Motion carried. The mayor thanked Brown for the fine job that he did and the committee did and had received very good feedback from the companies that they dealt with. PUBLIC HEARING/ORDINANCE Z-263/REZONE LOT #26 IN DIXIE HIGHWAY Potasnik ADDITIONAL TO HOME PLACE/PROPERTY OWNER SUSAN SWANSON: moved to introduce Ordinance Z-263 and suspend the rules for reading of the same. The motion was seconded by Ogle. Jim Nelson, attorney, residing at 3663 Brumley Way, Carmel presented and outlined the rezone for the petitioners, Susan and Mark Swanson. Nelson stated that Mark and Susan had recently purchased a small parcel of real estate in the Home Place area, having a common address of 10610 North Park Street. The property is currently zoned R-3 residential. Nelson said the parcel contains a small house that exits on the real estate. The request for the rezone is for a change in zoning from R-3 to B-5 to accommodate a small architectural business. Nelson stated that the rezone had received unanimous and favorable recommendation from the Plan Commission. Nelson also stated that commitments had been made to the Plan Commission in that if this rezone request is approved the real estate will only be used for office space irrespective of other uses permitted in the B-5 district classifications. Swanson had also agreed that at such time as a new building is constructed on the real estate that he will return to the Plan Commission for its review of the architectural design, lighting and landscaping associated with that new facility. At this time the mayor opened the hearing to the public calling for questions, comments and/or objections. Hearing none the hearing was closed to the public and opened to the Council for the same. Irvin asked about specific land uses of the B-5 zoning classification. Nelson stated there were several but that commitments were made by Swanson that this architectural business would be the only use allowed on this parcel of land. Adams moved to suspend the rules and act on Z-263 this evening. The motion was seconded by Ogle. All members voted aye. Z-263 passed unanimously. Hancock called for the question. All members voted aye. Z-263 passed unanimously. PUBLIC HEARING/ORDINANCE C-162/ANNEXATION OF 34 ACRES AT 99TH Lonzo moved to introduce Ordinance C-162 STREET AND CHESTER ROAD: and dispense with the reading. Ogle seconded the motion. Mark Boyce represented the petitioner, TMF Limited and general partner Ralph Morgan. Boyce outlined the annexation request for the Council. Boyce stated the annexation was for 34.224 acres located east of Keystone at Chester Road and 99th Street. Boyce stated the zoning of this parcel is S-2 residential and is served by Carmel Utilities. The mayor opened the hearing to the public calling for questions, comments and/or objections. Hearing none the mayor closed the hearing to the public and opened it to the Council for the same. Potasnik asked Boyce about the condition of the road saying the last time he had driven that road it was in a state of disrepair and asked if those roads met city standards. Boyce said it would be best if the city engineer addressed that question with an official status of the road. Boyce said it was a county road and had been patched. Potasnik said he wanted to wait until he could get a status report from the engineer on the condition of the road. Hancock stated Ordinance C-162 would return to the Council agenda for a second reading at the next meeting along with a report from the City Engineer's office. PUBLIC HEARING/ORDINANCE D-725/ADDITIONAL APPROPRIATION/CARMEL The POLICE DEPARTMENT/800 MHZ RADIO SYSTEM $114,550/GENERAL FUND: mayor asked the clerk-treasurer if this hearing had been properly advertised. Jones stated it had been advertised properly. Carmel Police Chief Gary Barney verbally outlined the request for the Council. Barney stated that the letter from Fleming did and excellent job of describing the need for the radios. Barney stated the 5 year plan was for license purposes only and in order to receive the 800 mhz license for a 5 channel system the City was required to show a slow growth plan. Barney said that if the City failed to implement a certain specified number of mobiles and portables with the 5 year period, the city would have to give back one or more frequencies. Barney also stated there is some "hang time" between the old conventional system along with the 800 mhz system. This appropriation will supply a walkie talkie and mobile radio for each police officer and each police vehicle and would totally complete the project. Barney stated Mayor-elect Johnson would like to see this project completed. The mayor opened the hearing to the public calling for comments, questions and/or objections. The clerk asked for an introduction on the ordinance first. Lonzo moved to introduce Ordinance D-725 and dispense with the reading. The motion was seconded by Adams. Tom Kendall, 11818 Gary Road stated it was his understanding these radios were a necessity to provide good communications between police officers who are out of their vehicles. Kendall said he had an opportunity to ride with a police officer not too long ago and was surprised to learn that the officer had to rely on their walkie-talkie radios to communicate back to the Communications Center to use the 800 mhz system. Kendall said that if an officer did not have his radio with him, he had nothing available to him. Kendall supported the appropriation totally in order to insure the safety of the police officer and likewise to the public. James Quinn, 3129 Jason Street stated he had also spent some time with Chief Couts, Chief Barney and Councilor Fleming discussing the pros and cons of the new communication system and this issue. Quinn's concern and main reason for addressing the Council tonight was because he would like the council to be certain that this issue stood on its own weight and its own merit. Quinn said that in the past year we have had a lot of dissention and hoped this Council would put aside those other matters and let this issue stand or fall on its own merits. The mayor closed the public hearing and opened the hearing to the Council for their comments and/or objections. Lonzo was Barney to explain the numbers in the letter that was sent out by Fleming. Barney summarized by stating the savings to the City by acting now was $29,797 and that the savings already to the City was $17,150 from the purchase of the portable radios for a total possible savings of $46,947.00. Lonzo asked about having enough money to equip new officers with radios. Barney stated that was already figured in the new budget. Irvin said he was also in favor of the purchase of these radios now not only from a savings standpoint but also a safety factor. Fleming stated that the radios needed to be purchased all at once to insure all the radios being on the same frequency. Lonzo asked the clerk-treasurer about turning in a form to the State Tax Commissioners with an anticipated appropriation of $56,000 for the removal of the storage tank. Lonzo asked what that would do to that form and the process between now and the City's budget hearing to add another $114,000. The clerk-treasurer stated she hadn't put the $56,000 on the form for the Tax Commissioners but had only put it on the financial statement to the Council. The clerk stated the $56,000 will remain in the operating balance. Lonzo asked how we would make the State aware of the $114,000 prior to the hearing. The clerk said we wouldn't but would tell them at the time of the hearing. Lonzo asked what if we were to purchase the radios after the budget hearing but before the first of the year. The clerk said she would physically have to reduce the operating balance for 1992 and the Tax Commissioners would cut it out also after they had held their hearing. Lonzo said he thought this would be very easy to put off and let the next council deal with it especially in light of the fact they were marched upon and told as lame ducks it would be unethical and immoral for us to continue spending money but would like to think he always had and always will, as long as he was on Council, to treat each of these issues on their own merits and in conclusion was in favor of the appropriation. Irvin moved to suspend the rules and act on D-725 tonight. The motion was seconded by Lonzo. All members voted aye. Motion carried. Hancock called for the question. All members voted aye. Ordinance D-725 passed unanimously. Mayor Hancock stated the State Board PROPOSED OVERTIME ORDINANCES: of Accounts audit recognized our overtime as a policy and recommended that an ordinance stating this overtime policy be passed by the Council and that is why she had it put on the agenda. Hancock said the SBA did not say there was anything wrong with the policy merely that it should be an ordinance. Hancock said some of the department heads requested they work with Attorney Andrews on this ordinance and asked this item be tabled at this point. Lonzo so moved. Ogle seconded the motion. All members voted aye. Motion carried. Mayor FIRST READING/ORDINANCE D-726/1992 CITY JUDGE SALARY: Hancock stated this ordinance amended D-677 and called for a biweekly salary of $1,730.77 for the City Judge. Fleming moved to introduce Ordinance D-726 and dispense with the reading. The motions was seconded by Ogle. Hancock said this ordinance had to be advertised for 30 days before it could receive final action and as soon as the advertising period is up it would return to the agenda. Lonzo asked if this was Irvin's recommendation after meeting with the Judge. Irvin stated it was. Clerk-Treasurer Jones PROPOSED AMENDMENT TO CITY CODE/SICK LEAVE: asked the Council to consider an amendment to the sick leave ordinance for the City. Jones stated right now that sick leave could not be taken in anything less than half day periods rather than hours. Jones said her software could support deductions done in hours and it would not only make it more fair to employees but would also maker her job easier. Jones also said eventually this information would appear on all paychecks and monthly reports would be distributed to each department to track the time. The mayor sid the city attorney would have to prepare an ordinance if that would be the Council's wish. Irvin asked the clerk-treasurer to go over how the time is calculated and who is going to keep track of all of that. The clerk stated right now that the department head secretaries already keep time sheets on each employee and she would merely write down the number of hours they were off or off for vacation and turn it in on their payroll claim voucher. The clerk also stated the secretary would be provided a print out of all the time and it would also be printed on the employee paychecks. Potasnik said he thought it sounded like it would be easier if we went to this type system because the software is set up to do that and are able to calculate it automatically and that perhaps communications between the departments would go, you are providing them a print out as a check and balance to keep all the records straight. The clerk stated that was correct. Irvin said it would also keep the employee from being docked hours that they didn't take. The clerk stated that was the best part about it and felt it was much more fair than what the ordinance calls for now. Fleming asked if the Council had ever updated the personnel manual or ever finished it. The mayor stated no. Fleming said he hated to bring it up but stuff like this ought to be in this so we don't have this. Lonzo moved to direct the city attorney to put together an ordinance and bring it back to the next meeting in compliance with the clerk's request. Lonzo also directed the mayor to bring back any comments from the department heads concerning this. The motion was seconded by Adams. all members voted aye. Motion carried. The clerk asked if she could be informed as to what those comments are so she would have time to address the issues before the Council meeting and could prepare answers. The mayor stated she would get those to her. Fleming made a motion to approve a COMMUNICATIONS CENTER CLAIMS: claim for Lectro-Communications, Inc. in the amount of $6,610.90. The motion was seconded by Lonzo. All members voted aye. Motion carried. Fleming made a motion to approve a claim from General Electric in the amount of $15,214.93. The motion was seconded by Potasnik. All members voted aye. Motion carried. Lonzo moved to have the Carmel High School Boys OTHER BUSINESS: Soccer Team honored at the next Council meeting. The motion was seconded by irvin. All members voted aye. Motion carried. There being no further business before the Council the meeting was duly adjourned. Approved: _____________________________ ATTEST: ______________________________