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:
______________________________