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HomeMy WebLinkAboutCCM-10-21-91CARMEL CITY COUNCIL MEETING MINUTES OCTOBER 21, 1991 7:00 P.M. COUNCIL CHAMBERS/ONE CIVIC SQUARE The meeting was called to order by Mayor Dorothy J. Hancock. Members present were Tom Irvin, Frank Fleming, Alan Potasnik, Annabelle Ogle and Lee Lonzo. Councilors Doane and Adams were not in attendance. The invocation was given by the mayor followed by the Pledge of Allegiance. Mayor Hancock stated Mr. Dolen's name MINUTES OF OCTOBER 7, 1991: is spelled with one "l". Councilor Fleming stated that on page 4 of the minutes where it stated that the Technical Committee was to provide support for the recommendation to go ahead with the 800 mhz radio system and he would have it before the next meeting. Fleming went on to say that on page 9 of the minutes it stated that Fleming had met with school officials on the parking problem around the high school. Fleming stated he did not meet with school officials. With those corrections Fleming moved to approve the minutes. The minutes were seconded by Irvin. All members voted aye. Motion carried. UNDERGROUND STORAGE TANK REMOVAL/ADDITIONAL INFORMATION PRESENTED Dolen presented a copy of a quotation for BY LEE DOLEN: bioremediation from Kennedy Equipment Company for the cleaning up the site at the Communications Center. Dolen stated he had talked with the Indiana Department of Environmental Management (IDEM) and they said this was a viable method for cleaning up the site. Dolen stated the price quoted was $10,500. Dolen stated the company would use the contaminated fill that was there now and inject it with bacteria that would eat the hydrocarbons and come back and keep taking tests until it was cleaned up. The mayor said the price sounded a whole lot better than $30,000 or $40,000. Dolen said he called Hoosier Equipment and asked them why they didn't tell him about this method of clean up. Hoosier replied they had done it before but they felt since it was in a parking lot and the ground would be compacted tight that IDEM would not allow this method. Dolen said he then called IDEM and asked them about this and they approved the procedure. Dolen stated IDEM even had a map of the site and knew it was a parking lot and they said if it was done right that it will suffice for them. Ogle asked about the timetable. Dolen said no. He went on to say they won't know themselves until after all the tests are done. Dolen guessed it would probably be about 7 or 8 months. Dolen said the area would be filled with gravel and there will not be any holes. Dolen said that if the City used this method and Hoosier Equipment does not haul it away, we will be billed $4,800 for removing the contaminated soil. Fleming said in other words, the City needs an additional $15,300 more to finish the project. Fleming then asked about the contract with Hoosier. Fleming stated the clerk-treasurer had sent out copies of the Board of Public Works minutes and it showed the contract for Hoosier had been approved for only $5,925 and their bill is going to be $10,186.08. Fleming said the way he understood this was that the clerk-treasurer can't pay this bill because it exceeds the contract. Andrews said there was quote of $50.70 per cubic yard in the bid for contaminated soil removal. Fleming said that Hoosier wasn't billing the city for soil removal yet. Irvin said that he believed the Council had approved an appropriation for $10,000 and somewhere an additional $186.08 could be found to pay the bill. Irvin asked if another additional appropriation was needed or could the Council issue a change order or what needs to be done. The mayor stated this $10,000 was put in the BPW budget and felt she ought to be able to find $186.00 to transfer. The mayor said she could bring a transfer to the next Council meeting. Irvin said he thought that was Fleming's question. Fleming stated that was not the question. He said he was going by the letter he received from the clerk-treasurer with a copy of the contract and the minutes of the BPW meeting. Fleming said the clerk-treasurer is saying she can't pay the bill because it exceeds the contract amount regardless of the amount of the appropriation. The clerk-treasurer said the appropriation was not the problem. She stated that regardless of the appropriation she could only pay the contract amount. Hoosier had billed $700 for tests and approximately $3,000 for water hauled and neither of those items were part of the original bid. She said there was a quote of $50.70 per cubic yard for soil removal but according to the bill, no soil had been removed to date. Dolen then said that he was standing at the site when this was done. Dolen said the water that was hauled away had gasoline in it and could not be put down the sewers. Dolen said it had to be hauled away and that was the only way IDEM will let you dispose of it. Andrews asked Dolen if they billed the city at the contaminated soil removal rate. Dolen said he didn't know and that it would have to be figured out. Dolen said the extra tests were for two laboratory tests, one for each pile of dirt that was there. He said that wasn't part of the original bid because there was no way to know what was contaminated and what was not. Andrews asked what would be wrong in having a change order come back from these people for the work that was done. Andrews said obviously if you find gasoline sitting in the water you can't pump it out on the ground and let it run off onto people's property. Dolen said it had to be done right that minute. Potasnik asked Dolen if he favored "this" company for this project. Dolen said yes. Potasnik asked if the EPA approves this type of method. Dolen said yes and that he called them and confirmed this. Potasnik asked if the EPA comes out and inspects the work. Dolen said he was told they probably would not but would monitor the tests results and reports. Dolen said he can't get anything in writing from the IDEM but they will talk to you over the phone. Potasnik asked if this method could possibly pose some type of problem for the water and sewer system. Dolen said no. Irvin asked Dolen about the quote from Kennedy and about the fact that Kennedy couldn't lock in a better amount until after we get what they are proposing to move. Dolen said that is true. Dolen said this quote was based on the first test that Hoosier had taken and from what they could determine, this amount is their best estimate on what it will take to do the removal. Irvin said he would like to see the amount "pinned" down a little more. Irvin said he didn't want to get another surprise like the one the Council received from the first request. Dolen said he understood that but he didn't know how to do that since there were so many unknowns. Irvin about other companies that we could get quotes from. Dolen said he could get more quotes but there were only so many companies that grow this bacteria. Potasnik said he would feel more comfortable if Dolen could get more quotes. Fleming said he still understood that the city owed Hoosier another $4,800 plus whatever we owed on the other. Ogle asked Dolen if Kennedy has done other work like this where Carmel could call and get references. Dolen replied yes and said that Kennedy is faxing him a list of references. Andrews stated that Kennedy's letter contained a lot of open ended terms and words. Andrews asked Dolen if hydrocarbons were the only gases located at the site. Dolen stated yes. Andrews asked Dolen to give him a call when he could obtain additional information from other vendors and avoid some of the time delays and discussion at the Council meeting level. Dolen said he would. Dolen asked if he was to report to Andrews from now on rather than the Council. The mayor said yes. The clerk-treasurer asked if she understood correctly that the Council was directing the Board of Public Works to entertain a change order for Hoosier in order to pay their first bill. The mayor asked if that was the wish of the Council. There was no formal reply from the Council. Andrews asked the clerk-treasurer to provide him with a copy of the contract. Fleming stated a list had not been PARKING AROUND THE HIGH SCHOOL: submitted yet, but would be soon. Fleming made a motion to table the item until the next meeting. The motion was seconded by Potasnik. Hancock stated the report would be moved PGA COMMITTEE REPORT: further down on the agenda because Steve Brown would be delayed. PUBLIC HEARING - ORDINANCE Z-262/REZONE 37 ACRES FROM S-2 ZONE Potasnik made a CLASSIFICATION TO B-5/PROPERTY OWNER FRANK REGAN: motion to introduce Ordinance Z-262 amending Ordinance Z-160. The motion was seconded by Ogle. Dave Coots of Coots, Henke and Wheeler, stated he was representing Frank Regan owner of approximately 37 acres located on the north side of US Highway 31. Coots stated the property was currently zoned S-2 and the property was vacant, farmed with some areas of trees, and all of the property was within the Meridian Corridor Overlay Zone, 600' from the right-of-way line of US Highway 31. Coots stated immediately north of the property was a 17 acre subdivision known as Bentley Oaks with 136th Street running east and west along the top of the map provided for the Council. Coots stated the Plan Commission voted unanimously to approve the rezone petition rezoning the property to a B-5 business zone classification on September 17, 1991. Coots asked the Council to adopt the ordinance submitted rezoning the property to B-5. Coots asked that along with the rezone, the Council approve certain covenants affecting the development of the said property. 1)All buildings on the property are restricted to three stories or 40 feet in height, buildings fronting on 136th Street are restricted to two stories or 30 feet in height. 2)The property would be annexed to the City of Carmel and the property was already serviced by City sewer and water. 3)A traffic study and recommended solution for the intersection of 136th Street and US Highway 31 with a proportionate contributing cost by the property owner for any improvements necessary. Coots stated that an extension of Oak Ridge Road to the south from its intersection with 136th Street running parallel with the right-of- way of US Highway 31 south connecting at 131st Street with the Carmel Drive extension through Duke Park, would probably be necessitated by the development of said property. Hancock opened the meeting for the public on Ordinance Z-262. The clerk-treasurer advised the Council that, for the record, notice of publication was made in time, however, the notice read 7:30 P.M., and since Mr. Coots began at 7:30 P.M., the public would have been properly notified. Potasnik stated the minutes from the Plan Commission were not included in the Council packets. The clerk- treasurer stated Mr. Coots did not provide or request inclusion of Plan Commission minutes with his package. Richard Good, Carmel resident of 1036 136th Street, stated his home was directly across from the proposed rezone area. Good stated the traffic on 136th Street presently was at the point where it was unbearable backing- up in the mornings to almost Oak Ridge Road. Good stated the three lanes now going out fill-up and grid-lock because there is nowhere for people turning off of US Highway 31 to go preventing cars from going out. Good stated the situation was almost as serious on the other side of US Highway 31 because the grid-lock prevented cars from coming across the highway. Good stated he was unable to determine what could be done to the intersection to handle the flow of additional traffic generated by office buildings serviced by the stated intersection. Good stated he was not against a rezone, but he did oppose any traffic flow going into the residential area. Good stated homes along 136th Street in areas zoned residential were thus zoned to protect property rights. Good added that office building traffic using that intersection would ruin the value of the residents property and any extension through Oak Ridge across 136th Street would cause office workers to use Oak Ridge, thereby, devaluating the Oak Ridge Road residents property. Good asked the Council to consider his request that the access road not lead onto 136th Street. Good suggested the area should dead end at 136th Street with an access road on to 131st Street which would need intersection work on 131st Street and US Highway 31. Good stated the open area at the intersection of US Highway 31 and 131st Street would allow multiple lanes with easy access for north and south. Hearing no other requests from the public, Hancock closed the hearing to the public and opened the ordinance for discussion by the Council. Potasnik requested that Coots respond to Goods comments. Coots stated the Meridian Corridor Overlay Zone always was intended to act as a buffer to US Highway 31 and existing and future residential areas. Coots stated the he believed the thoroughfare plan was to use frontage road which would bisect the property in question and extend to 131st Street as an additional outlet for the traffic that currently congests 136th Street and US Highway 31. Coots stated development would not occur until the proposal was resubmitted to the Plan Commission and a development plan, traffic plan and satisfactory evidence was presented that development would not further congest traffic at the intersection. Coots stated traffic studies showed another artery would remove pressure from the intersection. Potasnik asked if the entire parcel was in the Overlay Zone. Coots stated yes. Potasnik asked if the land could be utilized in its current zone classification. Coots said it could not. Potasnik asked if the renumeration for fair-share costs of street improvement was agreed to by the owner. Coots stated it was a part of the real estate covenant that will be recorded at the time the rezone ordinance is recorded. Potasnik asked if the buildings would be low height. Coots stated maximum 40' height except 136th Street frontage buildings which would have a maximum 30' height. Potasnik asked if they were in the form of residential state covenants. Coots stated yes. Potasnik asked if Coots was asking for a rezone and not a development plan or submitting a development plan. Coots stated yes. Irvin asked if the request was compatible with others in the Overlay Zone. Coots stated the 8 acre property to the east and south of 136th was rezoned by the Council approximately two years previous to the same B-5 classification. Coots stated the property to the west, a 120 tract, was the subject of the previous years Radner Corporation petition seeking commercial development along the Overlay Zone with some outside the Overlay Zone. Coots stated this request for rezone was entirely within the Meridian Corridor 600' compatible with the 116th and Meridian zoning except the building size would be restricted. Potasnik stated the Radner property was never fully completed. Coots agreed. Fleming stated the rezone was the best offer the City had for the property by having an access road to 131st Street. Fleming asked who would be paying for the road along with the current property owner. Coots stated the developer would pay the balance of the costs. Coots added that co-ordination would be required with DePauw University who also owned nearby property which would benefit from the road when DePauw's property was developed. Irvin made a motion to dispense with the reading and act on Ordinance Z-262. The motion was seconded by Ogle. All members voted aye. Motion carried. Hancock asked all members in favor of adopting Ordinance Z-262. All members voted aye. Motion carried. PUBLIC HEARING - ORDINANCE C-161/ANNEXATION AVIAN GLEN - CHERRY TREE SCHOOL - 155 ACRES/PROPERTY OWNERS STEPHEN & SUSAN WEBSTER, MARTHA RUSSELL, ESTHER MAE THORPE, MILDRED SCHOTT AND CARMEL CLAY Potasnik made a motion to introduce Ordinance C-161 and SCHOOLS: dispense with the reading. The motion was seconded by Ogle. Jim Nelson of Nelson & Frankenberger, stated he was representing co- applicants Stephen & Susan Webster, Martha Russell, Esther Mae Thorp, Mildred Schott and Carmel Clay Schools. Nelson introduced Chris White, an engineer for the project. Nelson asked for the record to reflect that notice of the public hearing was published in the Noblesville Ledger on September 28, 1991 with certification of the publication on file with the clerk-treasurers office. Nelson stated that informational booklets were provided for the Council and City Department heads. Nelson stated the co-applicants were the owners of a 156 acre parcel of real estate located on the West side of Cherry Tree or Hazel Dell Road between 131st Street on the south and 146th Street on the north. Nelson stated the real estate included the 20 acre parcel of real estate owned by the Carmel Clay Schools which was currently the home of the Cherry Tree Elementary School. Nelson stated the real estate surrounding the Cherry Tree Elementary School on the north, west, and south was also a part of the 156 acres. Nelson stated the applicants were requesting the annexation of the stated parcel of real estate to the City of Carmel. Nelson stated the Board of Public Works favorably recommended annexation with confirmation by the City Engineer that contiguity requirements had been satisfied. Hancock opened the meeting for public hearing on Ordinance C-161. Lonzo asked for the record to show that he was withdrawing his name for consideration on Ordinance C-161. Hearing no request from the public for hearing, Hancock closed the public hearing and opened the ordinance for discussion from the Council. Potasnik asked if the school entered as a party of their own free will without protest. Nelson stated that was his understanding. Ogle asked about an excluded area just south of the school and if that section had ever been annexed to the City. Nelson stated the owners of the property had expressed a desire not to be a part of the request for annexation. Nelson stated the legal description of the eastern one-half right-of-way of Hazel Dell Road was provided to Steve Andrews for the purposes of future annexations to Carmel including the entire right-of-way for the excluded parcel. Nelson stated that although the excluded parcel would not be annexed, the roadway would be annexed. Potasnik made a motion to suspend the rules and act on Ordinance C- 161. The motion was seconded by Ogle. All members voted aye. Motion carried. Hancock asked all in favor of adoption of Ordinance C-161. All members voted aye. Motion carried. Hancock asked ORDINANCE D-722/AMENDMENT TO THE SALARY ORDINANCE: if the amendment was a correction. Susan W. Jones, clerk- treasurer, stated the amendment was a result of her error first by not putting it on the agenda and second, doing it incorrectly when it was added. Jones stated the amendment was for the Water Plant Supervisor only. Fleming made a motion to introduce ordinance D-722. The motion was seconded by Ogle. Hancock stated the ordinance amended the salary ordinance for 1992 adding the position of a water plant supervisor, which was omitted in error. Potasnik made a motion to suspend the rules and act on Ordinance D- 722. The motion was seconded by Ogle. All members voted aye. Motion carried. Hancock asked all in favor of adopting Ordinance D-722. All members voted aye. Motion carried. Frank Fleming requested approval of COMMUNICATION CENTER CLAIMS: the following seven claims for the Communication Center: Corporate Networks, Inc. $1,949.03 Wire Supplies, Inc. $44.00 Hertz Furniture Systems Corporation $93.34 E.F. Marburger & Son $4,101.00 S & M Painting & Drywall $56.00 MA-RI-AL Corporation $497.50 Curley Building Material $55.40 Potasnik asked if everything had been completed and approved by the technical committee. Fleming stated that was true. Fleming stated all the Communication Center claims are approved by Bob Nibarger, Dave Wilcox, Don Allen and Doug Callahan. Fleming stated the bills that are still pending because they are not done nor have they been tested as complete. Fleming added that the bills are well screened. Fleming made a motion to approve the stated Communication Center claims. The motion was seconded by Irvin. All members voted aye. Motion carried. Potasnik made a motion to add an update on the newsletter and direction of Council to the agenda. The motion was seconded by Lonzo. All members voted aye. Motion carried. Potasnik stated he had been attempting to get something started on the newsletter since the beginning of 1991. Potasnik stated he located an interesting newsletter in tabloid form which was colorful and could be held like a newspaper which was small and easy to read. Potasnik made calls to the Indianapolis Weekly and the Daily Ledger to see if they could produce the sample newsletter. Potasnik stated both newspapers stated they could reproduce the newsletter, but he had not received a formal proposal from the Topics or Daily Ledger. Potasnik stated he did receive a proposal from the Indianapolis Weekly. Potasnik recommended that if the Council chose to proceed, the Indianapolis Weekly should develop the tabloid form for the Council. Potasnik offered the following reasons for his recommendation: 1)the Ledger insert would be in a smaller tabloid form. 2)distribution would be made through a newspaper that supports the City of Carmel through a direct mailing insuring that everyone in the City and Township would receive a copy. 3)the estimate was based on an additional 2500 copies allowing extra copies for the reception desk in City Hall, the Department of Community Development, the Chamber of Commerce and the Public Library, the newsletter would be eight pages total, two colors on page one, three pictures per page, graphics, half-toning and typesetting, printing, distribution and writing at a cost of $3,660.80. Potasnik stated every Council member would have a say regarding newsletter content for their respective district, along with the mayor, clerk-treasurer and each City department head. Irvin asked if the newsletter would be an insert in the daily or weekly. Potasnik stated he recommended the Indianapolis Weekly indicating the Weekly would put a graphic on the front page of the newspaper indicating the Council newsletter was inside. Fleming asked if the paper was distributed by mail. Potasnik stated that was correct. Potasnik stated since no one had the time, nor could the Council afford to hire an editor, writer and photographer it was, in his estimation, the best way to produce the newsletter. Potasnik stated the $20,000.00 budgeted for the Council newsletter had nothing to do with his personal newsletter for which he paid $68.00. Ogle asked if the Indianapolis Weekly would take the Council's total direction in the writing of the articles. Potasnik stated the newsletter was the Council's and they would do as the Council instructed. Ogle asked if the Council could direct the Indianapolis Weekly to write articles on a certain subject in a certain City department. Potasnik stated all parties eligible to submit an article would be given a deadline, whereby, the editorial staff of the Indianapolis Weekly would edit accordingly . Ogle asked if the newsletter would be quarterly. Potasnik stated he was unable to gauge the enthusiasm of the Council for proceeding with the project, so, he did not provide a minimum number of newsletters when obtaining the estimates. Potasnik added he was pleasantly surprised with the breakdown of the costs. Lonzo stated he felt there was not enough time for the Council to complete the project themselves, but he thought it was a fantastic idea. Lonzo stated his only experience with attempting to communicate with the Council's constituents was a brochure which required a lot of time and effort and received only one comment, which was negative, regarding illegal use of the City seal. Lonzo stated the obvious criticism would be why would the Council proceed when most of the Council is about to go out of office. Lonzo stated he had insight to share with the residents before he left the Council and would like to see the Council proceed with the project. Potasnik stated he did not want the newsletter to come out before the election because he felt it should be a Council newsletter and not a campaign promotion for any Council member running for office. Potasnik felt a newsletter would be effective regardless of the time of the year it was enacted, as long as the Council could say what they wanted to their constituents. Potasnik stated he would be glad to co-ordinate the program with the Indianapolis Weekly as long as the Council wanted to proceed. Potasnik asked the Council and mayor's office to work with him in co-ordinating the program. Irvin asked how many newsletters would be produced between November 13th and the first of the year. Potasnik stated he didn't know, it would depend on co-operation from the Council. Potasnik stated it would depend on how often Council would want to have it done and get thing across to the Council's constituents. Potasnik added the current Council would only have one time to do it this year. Fleming stated he had concerns referring to the tabloid as a newsletter, because Carmel residents read the news of the Council in the daily newspaper and watch the Council meeting on television. Fleming stated articles written may not really be news. Potasnik stated the newsletter was a generic term to refer to the Council articles. Potasnik stated residents could keep the newsletter which could provide demographics of the area, natural features of the area, a listing of numbers residents could have on hand without looking them up. Potasnik stated the Council could call it anything they wanted. Ogle asked if the City was opening itself to `favoritism' by distributing the newsletter through one publication versus other publications that serve the community. Potasnik stated he did not know anyone else who would have the distribution in the City and Township, or would be able to provide the service that was offered by the Indianapolis Weekly. Potasnik stated other publications did not bother to submit quotes after several attempts to secure them. Irvin stated the more the Council communicated the better off the Council would be. Irvin stated the Council had been labeled as not communicating, adding that if the newsletter would help, he would be all for it. Irvin stated the new administration intended to correct the one pitfall the current Council had which was lack of communication by having a full time press secretary on staff which, Irvin stated, was commendable. Irvin stated that not everyone would read the newspaper or watch television, but at least the Council would know that this newsletter would be mailed to every home and that communicating would be in the best interests of those going off the Council and those coming on to the new Council. Ogle stated she had reservations having the City's voice being distributed in connection to a commercial publication. Ogle stated she felt it should be a `stand alone' publication, adding that there were other ways to distribute such as attaching mailbox bags and other methods. Ogle stated she would feel more comfortable if she new this publication was a top quality news voice for the City and not attached to any other publication. Ogle stated she read the Indianapolis Weekly and felt it was a good publication, but there were sport features, senior features, health features and her concern was that residents would consider the newsletter just another feature of the Indianapolis Weekly rather than a special voice for the City. Ogle offered to help Potasnik investigate other ways to distribute the newsletter. Lonzo stated he did not hear Potasnik say that distribution was a problem. Lonzo stated putting the newsletter together was Potasnik's problem. Lonzo stated from his experience with the brochure he attempted to put together, unless there was expertise by a Council member on how to put together, edit and write a paper the newsletter would not get done. Ogle stated she recalled a discussion about employing a person to handle the production of the newsletter. Potasnik stated it was a high-school student, and it did not work out. Ogle stated she was all for the newsletter and if Potasnik needed help she would volunteer. Hancock stated she believed all Council members spoke in favor of the newsletter and asked Potasnik if he needed clearer direction. Potasnik asked if the Council wanted to proceed. Hancock stated Potasnik had the consensus of the Council to proceed. Potasnik stated that he would like to see the City explore a possible restructuring or refunding of the water and sewer indebtedness to take advantage of lower interest rates. Potasnik stated restructuring may bring about a savings to the City, but there may be a possibility of a rate reduction of sewer rates if the savings was considerable. Potasnik stated he would like to request that Roger Umbaugh be asked to research the proposal and return figures, if possible, to the next Council meeting. Hancock stated she would request a review by Mr. Umbaugh. Potasnik stated he had been contacted by a couple of constituents to look at the new high-school football stadium with regard to the street lighting. Potasnik stated an individual almost hit a student crossing the street one evening. Potasnik stated he investigated the complaint one evening and found that although the parking lot lights in the stadium were on, it was still dark. Potasnik asked if the area was the Council jurisdiction, he would like the Council to consider some type of lighting. Hancock asked what intersection Potasnik was referring to. Potasnik stated it was at the point of ingress an egress to the stadium on the south side of the parking lot. Potasnik stated he wanted to congratulate the Carmel Boys Tennis Team who placed second in the state the previous weekend reflecting the motto `Carmel, City of Champions" as did the team's coach and the Council's colleague, Lee Lonzo. Lonzo stated he was proud of the young men on his team. Lonzo asked if there was any update on the Redevelopment Commission as to whether they have met or will meet. Andrews stated they haven't met and they might meet. Lonzo stated clerk-treasurer Jones sent a missal on her letterhead entitled "Financial Statement - General Fund 9-30-91". Lonzo asked if Jones had a copy she could make reference to. Jones stated she did not. Lonzo asked if at the end of the year the General Fund would have a 1.9 million dollar operating budget. Jones stated that was correct. Jones stated that money was added into 1992's budget because it was anticipated that the 1.9 million dollars would be there. Jones added that if there was, for example, an additional $114,000 appropriation, it would have to be adjusted at the tax rate hearing in November. Lonzo asked if a $56,000.00 anticipated appropriation for the storage tanks which appeared the City would not need would be included in that figure. Jones stated that was correct. Lonzo stated that after the tax rate hearing the City would then have well in excess of $1,000,000.00. Jones stated that was correct, the projected ending balance was $998,000.00 and the City would be well ahead of the anticipated ending balance, but, added Jones, those monies have been used against next year's budget and operating balance. Lonzo made a motion to advertise an amendment to the Salary Ordinance for 1992 for the judge's salary. The motion was seconded by Irvin. All members voted aye. Motion carried. Lonzo asked who sent a highlighted copy of page 84 of the Carmel City Code in the Council mailing packet and why. The clerk- treasurer stated she included the copy because at the previous Council meeting, she was asked for clarification on how an item was to be added to the agenda and her answer was based on the Council ordinance, adding the agenda item after new business. Lonzo pointed at the last line of the ordinance `no other items may be added to the agenda without the Common Council suspending its rules which shall require the unanimous vote of all those present', Lonzo stated his Daddy told him if he made the rules, he could change the rules. Lonzo added the rules were the Council's rules and if the Council wanted to suspend the rules, the Council could make new rules adding items to the agenda as the Council pleased with a unanimous vote not a 2/3 vote as noted in the ordinance. Jones stated she understood the Councils ability to change the rules, but she was led to believe that her answer concerning the rules was incorrect when, in fact, it was correct. Hancock stated that since the press had left the Council chambers, she would like to move agenda item #3 (PGA Committee Report) to the next Council meeting. Hancock stated she would like the reporters to be available to hear a positive report. Lonzo made a motion to table the PGA Committee Report until the next Council meeting. Potasnik seconded the motion. All members voted aye. Motion carried. Andrews stated the Building Corporation would meet October 30th at 6:00 P.M. which was not the scheduled time, but notice had been given to the press. The clerk-treasurer asked if clarity could be achieved when making motions and seconding motions. Jones stated when several people second motions or do not speak up, it is very difficult to determine who is motioning and seconding. Jones asked if it appeared unclear she would appreciate repeating the whole motion and second stating that, for example, four members of the Council seconded the last motion. Potasnik seconded the motion tabling the PGA Committee Report until the next Council meeting. There being no further business before the Council, the meeting was duly adjourned. Respectfully submitted, ____________________________ Approved: ____________________________ ATTEST: ______________________________