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HomeMy WebLinkAboutCCM-10-07-91CARMEL CITY COUNCIL MEETING MINUTES OCTOBER 7, 1991 7:00 P.M. CARMEL CIVIC SQUARE/COUNCIL CHAMBERS The meeting was called to order by Mayor Dorothy Hancock. Members in attendance were Alan Potasnik, Tom Irvin, Frank Fleming, David Adams, Annabelle Ogle and Lee Lonzo. Member Minnie Doane was absent. Also in attendance was Clerk-Treasurer Susan W. Jones and City Attorney Steve Andrews. The invocation was given by the Mayor followed by the Pledge of Allegiance. Councilor Potasnik asked that the memo minutes concerning MINUTES: the executive session held on September 16, 1991 include the fact that Ted Johnson was also in attendance. With that correction Councilor Ogle moved to approve the minutes for both the regular meeting and the executive session. The motion was seconded by Potasnik. All members voted aye. Motion carried. President Adams stated that the PROCLAMATION FOR RED RIBBON WEEK: Council had been asked to declare the week of October 19-27, 1991 as Red Ribbon Week. Adams said this was a drug and alcohol abuse awareness week. Adams asked the citizens in the community to participate in various programs such as placing a red ribbon on the antenna of their car to remind individuals not to drive after drinking alcohol. Adams moved, at this time, as a Council to proclaim the week of October 19-27, 1991 as Red Ribbon Week in the Carmel community. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Street Department: David Klingensmith, street TRANSFERS: commissioner, presented Resolution 10-7-91-1 which called for a transfer of $500.00 from Bottled Gas Account #314 into Oil Account #312 (MVH Fund) and Resolution 10-7-91-2 which called for a transfer of $7,000 from Street Striping Account #435 into Repair Parts Account #330 (MVH Fund). Councilor Fleming moved to adopt the two Resolutions allowing the transfers. The motion was seconded by Potasnik. All members voted aye. Motion carried. Communication Center: Major Robert Nibarger, Carmel Police Department and Joe Bower representing the Carmel Communications Center presented Resolution 10-7-91-3 which called for transfers of $15,000 from Health Insurance #202 into #642 Other Equipment, $3,500 from Account #465 Electricity into Account #642 Other Equipment and $5,000 from Account #101 Full-time salary into Account #120 Over-time Salary (General Fund.) Nibarger had originally requested a transfer of $6,000 from #203 PERF into Other Equipment but withdrew his request based on information he had received from the clerk-treasurer's office. Lonzo moved to amend Resolution 10-7-91-3 by striking the words $6,000 from Account #203 PERF into Account #642 Other Equipment and moved for its adoption as amended. Potasnik seconded the motion. All members voted aye. Department of Community Development and Plan Commission: Wes Bucher, director of Community Development presented Resolution 10- 7-91-4 which called for a transfer of $600.00 from Account #252 into Account #250 Travel (General Fund). Adams moved for the adoption of Resolution 10-7-91-4. The motion was seconded by Ogle. All members voted aye. Motion carried. Wes Bucher then presented Resolution 10-7-91-5 which called for a transfer in the Plan Commission budget (General Fund) in the amount of $500.00 from Travel #250 into #252. Potasnik moved for the adoption of Resolution 10-7-91-5. The motion was seconded by Adams. All members voted aye. Motion carried. Police Department: Carmel Police Chief Gary Barney presented three Resolutions for consideration: 10-7-91-6 $5000.00 from #475 Maintenance Contracts into Account #252 Training & Instruction 10-7-91-7 $ 500.00 from #475 Maintenance Contracts into Account #466 Water and Sewer. 10-7-91-8 $2000.00 from #475 Maintenance Contracts into Account #472 Building & Structure Repair Lonzo moved for the adoptions of Resolutions 10-7-91-6, 10-7-91-7 and 10-7-91-8. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Board of Public Works: Mayor Hancock presented two Resolutions calling for transfers of $3,565.00 from Account #465 Electric into Account #483 Hydrant Rental/Carmel and $3,145.00 from Account #465 Electric into Account #482 Hydrant Rental/ Indianapolis (General Fund). Fleming moved for the adoption of Resolutions 10-7-91-9 and 10-7-9-10. The motion was seconded by Irvin. All members voted aye. Motion carried. ANNEXATION ORDINANCE C-160/SECOND READING/REMAINDER OF WOODGATE, Tom WOODFIELD AND NORTHERN SECTION OF 146TH STREET RIGHT-OF-WAY: Welch, city engineer stated that concerns had been raised at the previous Council meeting concerning performance of the developers. Welch stated performance bonds are held by the City on this development and on others that have been in question. Potasnik asked if the Board of Public Works had signed off on this annexation. Welch stated it was the recommendation of the Board of Public Works to the Council that this annexation take place. Potasnik called for the question. Hancock asked for all those members in favor of passing Ordinance C-160 to vote aye. All members voted aye. Motion carried. Ordinance C-160 passed unanimously. REQUEST FOR ADDITIONAL APPROPRIATION/CARMEL POLICE Police Chief Gary Barney stated he was DEPARTMENT/800MHZ RADIOS: presenting this request to seek an additional appropriation in the amount of $114,556 for the balance of the 800 mhz radio equipment on behalf of the Carmel Technical Committee. Barney stated the Tech Committee recommended that the City go entirely to the 800 mhz system this year, for the police department, rather than the original five year plan. Barney and Fleming both stated this recommendation has the support and endorsement of mayor-elect Ted Johnson. Irvin asked the clerk-treasurer if she thought the operating balance could support this large of a request. Jones stated it could. Irvin asked if this request would run the balance low. Jones stated not at all. Irvin thought the request was commendable and liked the idea of moving the project up from the original 5 year plan. Irvin suggested there might be a savings in doing the project now. Fleming and Barney said the savings came from the purchase of the hand-held radios but no cost savings had been figured on the purchasing the radios for the cars now rather than waiting and phasing in radios over the next 5 years. Lonzo asked the clerk-treasurer what would be the approximate operating balance in the General Fund. Jones stated she thought it was somewhere around $750,000. Jones said she hasn't done a financial statement for awhile in the General Fund for the State Tax Commissioners but the last time she did one the operating balance was sizable and the City's opperating balance was in great shape. Lonzo expressed specific concern about this request. Lonzo stated that much was said a couple of meetings ago to this Council about how, in effect, they were lame ducks and shouldn't even be contemplating such things as trying to get a teen center implemented before the current Council leaves office. Lonzo said that it seemed to him the City was on a 5 year plan for this system and it seemed to him that if there is a need or a particular savings that is one thing but for the Council to vote on a special appropriation of $114,000 it would take something rather substantial for Lonzo to vote in favor of that at this particular time. Lonzo said this particular Council has been under criticism for being big spenders by some elements and he wanted some justification in order to move forward with this at this time and not stick to the five year plan. Irvin moved to direct the clerk-treasurer to advertise for an additional appropriation in the General Fund in the amount of $114,556.00. The motion was seconded by Lonzo. Lonzo asked the clerk-treasurer to have an accurate operating balance figure, a report from the Technical Advisory Committee on why there is some necessity to go forward at this time and finally wanted hear from Mr. Johnson personally. All members voted aye. Motion carried. Fleming stated that REMOVAL OF GASOLINE STORAGE TANKS/DISCUSSION: two meetings ago, the Council appropriated $10,000 to remove the buried gasoline tanks at the Communications Center. Fleming stated that since then, contaminated soil has been found. Fleming then turned over the discussion to Lee Dollen from the Utilities Department to explain the requirements from the Indiana Department of Environmental Management (IDEM) and the costs involved in removing the contaminated soil. (An estimate of costs is attached to the minutes.) Dollen stated various reasons why there was contamination but stated he could not be sure. He felt the contamination was due to spills from overfilling the tanks. He stated there were no leaks in the tanks that were removed. The total cost in order to satisfy the IDEM would be approximately $50,465.75 plus back-fill which would be approximately $5,600.00. Dollen stated he hasn't met with IDEM officials as yet. Dollen also said that tests have indicated some of the soil has tested very high and other soil has not, so it was possible the cost for hauling could be reduced by half. Dollen asked for another two weeks to get this all straightened out with IDEM and Hoosier Equipment and report back to the Council and give some type of figure. Dollen also brought up the original appropriation ran over $186.08. The mayor stated she thought a transfer could be sought for this small additional amount. The mayor stated the Board of Public Works budget could not handle a transfer in the amount of $50,000. Fleming moved to table this item on the agenda until more information is received. Irvin seconded the motion. Irvin wanted to discuss the matter further but Lonzo stated he would have to withdraw his second on the motion to table in order to have further discussion. Irvin withdrew his motion. Irvin asked if the tanks had been removed. Dollen stated they had. Irvin asked what kind of tanks were they. Dollen stated they were fiberglass. Irvin asked if they were leaking. Dollen stated they were not. Dollen stated the only way gasoline could have gotten in there was over-spills. Dollen said he was aware of those when they happened. Irvin said he did not understand why there was so much contamination in the pit and surrounding area. Dollen stated he didn't understand it either other than the tanks were put in the ground in the early 1970's and perhaps throughout the years the over-spills have accumulated. Dollen also said that perhaps three or four years ago when the pumps were replaced to in-tank pumps that the new piping work that was done might have been done incorrectly. Dollen said that all of the contamination was contained to the pits except for one place in one of the pits at the west end because when they pulled the dirt away from it hydro- carbons came running out from the building towards it at a pretty good clip. Potasnik asked Dollen about the fact that Carmel may not have to do this work until IDEM takes a look at this problem. Dollen said that was correct. Potasnik asked if the $10,000 special appropriation has already been spent to remove the tanks. Dollen stated yes. Potasnik asked why those tanks had to be removed since the City was no longer using them. Dollen stated the reason was because of the contaminated soil. Potasnik also thought the reason was because if the City abandoned the tanks they had to be removed after 6 months. Dollen said that was correct. Potasnik said now the City is looking at another $50,465.75 to remove the soil and asked Dollen if this amount would be the absolute worse case scenario. Dollen said yes. Dollen also said another $5,000 was needed for back-fill. Potasnik asked about quotes from other companies to do this work besides Hoosier Equipment. Dollen stated that he planned to get other estimates. Potasnik asked Dollen about securing the area since removal of the tanks caused substantial holes in the ground. Dollen stated that the area is secure at this point with plenty of signs, lighting and a fence but if it drags on much longer he is planning to put some kind of a cover over the holes. Potasnik stated his concern was with all the "what if's" involved in leaving these large holes open. Fleming asked the City attorney about the original contract with Hoosier Equipment and wondered if anybody else could finish the work. Andrews said he didn't have the contact in front of him but would review it and let him know. Fleming said that before we go and get bids from anybody else we should look at the original contract. Potasnik said the Board of Works could have only signed a contract for an amount equivalent to the appropriation of $10,000 and if that were the case, any additional work that was beyond that first contract would certainly be open. Dollen said the only thing that was bid on the first round that hasn't been used was a price for hauling away the contaminated soil. Fleming asked if they would have to be the ones to haul it away then since they were low bidder. Dollen said yes that if we accepted the bid and they were low bidder then we would have to use them. The mayor said that if the project goes beyond $25,000 it must be let out on bid anyway and that is by statute. Adams seconded Fleming's motion to table this item. The motion was seconded. All members voted aye. Motion carried. At this time City attorney Andrews asked ADDITION TO THE AGENDA: that an item concerning Clay Township be added to the agenda and if it was appropriate to do it before new business. The clerk- treasurer said it was to be done after new business and before other business. Lonzo made a motion to suspend the rules and add this item to the agenda at this time. Lonzo stated this item was simply a request from Clay Township to ask for an amendment to the zoning ordinance. Adams seconded the motion. All members voted aye. Motion carried. PUBLIC HEARING/ADDITIONAL APPROPRIATION/FIRE DEPARTMENT/HEALTH Hancock stated this INSURANCE/GENERAL FUND/$40,388.00: appropriation in the amount of $40,388.00 was for the Fire Department and was for additional health insurance premiums due because of the mid-year increase. The mayor opened the meeting to a public hearing calling for any objections, comments and/or questions. Seeing none, the mayor closed the hearing to the public and opened it to the Council calling for the same. Irvin asked the mayor if this additional appropriation would be partially funded by the township. The mayor said it would be added in at the end of the year if the department does not spend all of their money then the township gets a prorated credit on next year's pay. The mayor called for any final questions or comments from the Council. There were none. Irvin made a motion to approve D-725 and suspend the reading. The mayor then stated that Ordinance D-725 had not been introduced and asked for a motion to introduce Ordinance D-725 and suspend with its reading. Lonzo so moved. The motion was seconded by Adams. Irvin then moved to suspend the rules and act on D-725 tonight. The motion was seconded by Lonzo. All members voted aye. Motion carried. The mayor called for the question. All members voted aye. Ordinance D-725 passed unanimously. ORDINANCE D-724/RATIFYING THE CREATION OF THE CARMEL/CLAY BOARD OF Lonzo PARKS AND RECREATION AND ABOLISHING THE CARMEL PARKS BOARD: stated he would take great pleasure in introducing Ordinance D-724 and dispense with the reading. The motion was seconded by Adams. Andrews stated this was a "housekeeping" ordinance in some respects. Andrews said when the joinder agreement was approved and sent on to Clay Township there was a provision that the City needed to ratify the agreement by ordinance and that is what this ordinance does. Andrews went on to say that it also instructs the clerk-treasurer to transfer the monies that were being held under the Carmel Park Board to the Joint Board and establish a line item and an account. Andrews said the ordinance also calls for the abolishment of the Parks Board since there is nothing under the joinder agreement that establishes a separate Carmel Parks Board. Lonzo asked if anyone from the Parks Board wanted to comment to the Council. Lonzo moved to suspend the rules and allow the President, Judi Jacobs or any member of the Park Board to address the Council. The motion was seconded by Adams. All members voted aye. Motion carried. Jacobs thanked the Council for all of their help and stated the new Board was very energetic and exited about getting started. Adams moved to suspend the rules and act on Ordinance 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 thanked the Council for moving forward on this and thanked the Park Board for being so enthusiastic and working through some very tough meetings and spending so much time with this. Fleming requested approval of a COMMUNICATIONS CENTER CLAIM: claim from the Drexel Corporation in the amount of $351.20. Potasnik so moved. The motion was seconded by Adams. All members voted aye. Motion carried. Jones presented DISASTER RECOVERY PLAN/CLERK-TREASURER'S OFFICE: the disaster recovery plan for her computer system to the Council for their approval. Jones explained this request was born out of a recommendation by the State Board of Accounts on their last audit of the computer system. Jones said the plan calls for security plans, off-site storage of back-up tapes and the working knowledge of the accounting system without the aid of the computer. Adams moved to approve the Disaster Recovery Plan for the clerk- treasurer's office. The motion was seconded by Irvin. All members voted aye. Motion carried. RESOLUTION/INCREASE IN WATER AND SEWER BUDGETS/CITY ENGINEER AND The mayor explained these requests were not transfers UTILITIES: but increases in the budgets. Unlike the General Fund, these additional appropriations are for the utilities and are not required to have a public hearing. Tom Welch, City engineer and Lee Dollen presented the requests to the Council. The increase to the water budget was for $36,091.21 and the sewer budget was for $30,629.63. Potasnik said he could certainly understand the need for the $5,000 to repair the backhoe especially now with cold weather coming. Potasnik said he could also understand the need for additional money for health insurance and specifically addressed the need for $8,000 to repair a water main at the plant. Potasnik asked if this main was now repaired. Welch stated it was. Lonzo asked if this increase could be done without an increase to the rates. Welch stated this increase wouldn't have any effect on the rates. Irvin moved to approve Resolution 10-7-91-11. The motion was seconded by Fleming. All members voted aye. Motion carried. David Klingensmith, Street NO LEFT TURN ON TO CIVIC SQUARE: Commissioner, presented his recommendation to the Council. Klingensmith basically stated that he would not put anymore signs around Civic Square and stated the problem was enforcement. Klingensmith stated that YIELD SIGNS and ONE WAY SIGNS are already in place. It was the consensus of the Council not to put anymore signs up around Civic Square and felt what was up there was adequate. The mayor directed the police chief to enforce the traffic laws around Civic Square. REQUEST FROM CLAY TOWNSHIP FOR AN AMENDMENT TO THE ZONING The mayor stated the township is asking for an ORDINANCE: amendment that would exempt all city and township facilities and buildings from the zoning requirements and procedures. Andrews said he was contacted last week by Bob Campbell, attorney for the Township and they are requesting the City of Carmel exempt them from zoning requirements. Andrews said this was something that needed to be referred by this Council to the Plan Commission for a recommendation back to the Council. Lonzo so moved. The motion was seconded by Ogle. All members voted aye. Motion carried. The mayor asked who would do the actual "leg" work on sending this to the Plan Commission. Andrews stated the best way was through the clerk-treasurer. Lonzo asked if anyone was hearing PARKING AROUND THE HIGH SCHOOL: problems of parking around the high school. Fleming stated he was. Lonzo said he thought that if there were, the Council should be looking at possible solutions. Fleming said he met with school officials and city officials last week chief Barney and Dave Klingensmith will be submitting a list of where there should be more signs. Fleming said he felt that when cold weather arrived there might be a possibility of kids seeking out other places to park rather than taking the 10 minute walk from the football field parking lot. Fleming thought the list might be presented at the next Council meeting. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, _________________________ Approved: ___________________________ ATTEST: _______________________________________