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HomeMy WebLinkAboutCCM-02-04-91CARMEL CITY COUNCIL MEETING MINUTES FEBRUARY 4, 1991 7:00 P.M . COUNCIL CHAMBERS/ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Dorothy J. Hancock. Council members in attendance were Frank Fleming, Alan Potasnik, David Adams, Minnie Doane, and Lee Lonzo. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilor Doane followed by the Pledge of Allegiance. Councilor Potasnik asked to have a MINUTES OF JANUARY 22. 1991: more detailed explanation of the additional appropriation request for the Communications Center. He wanted it made clear that this appropriation would not increase taxes. The money was budgeted last year but because there was no specific bill in hand on December 31, the money could not be encumbered. With that correction, Councilor Doane moved to approve the minutes. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Fleming moved to TRANSFER OF FUNDS/STREET DEPARTMENT: transfer $24,000 from the Street Repaving account #434 into Salt and Calcium account #357 in the Motor Vehicle Fund. Councilor Potasnik seconded the motion. All members voted aye. Jim Nelson presented the ANNEXATION C-152/AMERICAN AGGREGATES: annexation petition to the council. The petition was executed by American Aggregates Corporation as the owner of the 382.96 acre parcel located east of North Gray Road, between East 126th Street on the north and East 116th Street on the South. Mr. Nelson stated this petition received a unanimous recommendation from the Board of Public Works. Councilor Potasnik made a motion to introduce Ordinance C-152. The motion was seconded by Councilor Lonzo. All members voted aye. Councilor Lonzo asked Jim Nelson if he had contacted or had any conversation with the owners of the six parcels of land outside of the annexation. Jim Nelson stated he had not. Councilor Lonzo was concerned that another "island" of non-annexed property was being created because of that annexation. Steve Andrews stated that, due to the new ordinance requiring a public hearing and public notice on annexations, no action could take place at this meeting. He stated the Council could introduce the ordinance but advertisement for a public hearing was needed before any action was taken by the Council. Steve Andrews stated the same rule would apply to the next item on the agenda which was an annexation for Max Hodson, 1443 W. Main Street. ANNEXATION/1443 W. MAIN STREET: It was determined that a public hearing and proper notice was also needed before any action could be taken on this item. Councilor Potasnik moved to table this item until notice was given for a public hearing. The motion was seconded by Councilor Adams. All members voted aye. The Clerk- Treasurer was directed to submit the proper legal advertising for this hearing to the Noblesville/Carmel Ledger. ORDINANCE D-691/AMENDMENT TO 1991 SALARY ORDINANCE: The City Attorney explained that he thought the Clerk-Treasurer was going to prepare this ordinance and the Clerk-Treasurer thought he was going to prepare this ordinance and consequently no one prepared an ordinance. Andrews apologized and said he would get with the Clerk and have something written for the next meeting. Councilor Lonzo also asked that a position be established in the salary ordinance for the park board secretary. ORDINANCE D-692/ESTABLISHING AND ADOPTING AN INTERIM UTILITY BUDGET FOR CARMEL WATER AND SEWER UTILITY FUNDS: Steve Andrews stated, after reading D-362, that he could not find anywhere in the ordinance that actually requires the utilities to submit a budget. He said the law only says that if they do, they have to have council approval. Councilor Lonzo moved to introduce Ordinance D-692 and request the Clerk-Treasurer to read the ordinance. The motion was seconded by Councilor Adams. Steve Andrews said he thought the Council needed to pass this ordinance in order for the Clerk-Treasurer to have something as authority to prepare claims and issue checks. Andrews stated that the mayor had notified the Council last fall that, because of the new accounting study, the budget would be delayed. Mayor Hancock said the preliminary report was received last Wednesday and Thursday. Utilities Manager, Jim Doughtery was reviewing the accounting study and the new budget should be ready for passage sometime in March. Councilor Fleming apologized to the Mayor and said he found his copy of the memo buried in Plan Commission papers. Councilor Potasnik also apologized to the Mayor and said he found his copy of the memo. Councilor Potasnik asked Steve Andrews to read the first paragraph on page 7 concerning the duties of the Council and to give his interpretation of that paragraph. It was again, stated by Andrews, that nothing in D-362 or state statute requires a budget of the utilities but if they (utilities) do present it, then the committee will act on it. Andrews said it was a matter of fiscal responsibility and that it has always been done in the past for that reason. Councilor Potasnik said when he read that paragraph it seemed to him they (utilities) should do it. Councilor Potasnik asked why are we doing this, passing D-692, tonight if we don't need it at all. Andrews stated that it makes it easier for the Clerk-Treasurer to pay claims. Andrews went on to say that since the Council was re- doing Ordinance D-362 this would be a good time to clear this up. Councilor Potasnik stated he felt this Council should be equally fiscally responsible as Councils in the past and it seemed to him that something was needed to give to the Clerk-Treasurer so she could pay bills. Potasnik wanted the word "shall" submitted as a change to Ordinance D-362 when it referred to utilities submitting a budget. Councilor Potasnik asked for the Council's consideration in changing the due date on this budget. Ordinance D-692 gave the utilities until July 1st to submit a new budget for 1991 but Councilor Potasnik wanted it changed to March 31, 1991. Councilor Lonzo made that request into a form of a motion. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Lonzo asked Councilor Potasnik if he would be willing to add one day to the deadline changing it from March 31, 1991 to April 1, 1991. Councilor Adams, as seconder, agreed to the change. Council voted unanimously to amend to April 1, 1991. Councilor Adams said he would go along with this ordinance for the sake of peace and tranquility and in order for claims to be paid. Councilor Adams said he didn't think the Council had to do this but if it made people feel more comfortable he would go along with it. Councilor Lonzo agreed with Councilor Potasnik stating the utilities should submit a budget and that this entire issue had turned into a political football, so in order to avoid a shut down of the utilities, he would go along with passing this ordinance. Councilor Lonzo moved to suspend the rules and act on Ordinance D- 692 tonight. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. ORDINANCE D-693/AN ORDINANCE ESTABLISHING AN AUTOMATIC STOP INTERSECTION AT MEDICAL DRIVE AND RANGE LINE ROAD: Councilor Potasnik made a motion to introduce Ordinance D-693 and suspend the rules for reading of the same. The motion was seconded by Councilor Lonzo. Councilor Potasnik offered to have the ordinance read if the public felt the need. No one responded to the offer. Councilor Potasnik said as the Councilor who represented that District, he welcomed the light. Councilor Adams made a motion to suspend the rules and act on Ordinance D-693 tonight. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance D-693 passed unanimously. Mayor Hancock stated the cost of the automatic traffic signal is 100% federally funded. There would be costs which the city will need to pay up front so an appropriation of $10,951.00 from the Local Roads and Street Fund would be needed. The total cost of the light is $65,471.10 for construction plus up to 15% of the bid cost for engineering. All funds spent from Local Road and Street Fund will be reimbursed. Councilor Lonzo made a motion to direct the Clerk-Treasurer to advertise for an additional appropriation in the Local Roads and Street Fund in the amount of $10,951.00. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. COMMUNICATIONS CENTER CLAIMS: Councilor Fleming made a motion to approve the following two claims for the Communications Center: 1. Vertical Integrated Applications $ 21,362.50 2. Copy Rite $194.00 The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. ORDINANCE Z-259/0RDINANCE AMENDING THE CARMEL ZONING ORDINANCE REGARDING SATELLITE DISHES: Wes Bucher, Director of Community Development, explained to the Council that both the attorney for the Plan Commission and the Clerk-Treasurer advertised for a public hearing on this amendment but for different meeting dates. The Clerk-Treasurer stated she was notified by Bucher to prepare ordinance for legal notice and then found out after she had notice published for the 18th meeting that Billy Wendling had done it for the 4th. Councilor Lonzo asked if there was anyone at the meeting wishing to speak to this ordinance because if there was, he would spend the rules and let that person speak. One man raised his hand and said all he wanted was a dish. After realizing there would be no action taken tonight on the ordinance, the man declined to speak but stated again, all he wanted was a dish. Councilor Potasnik asked who should do the public notice according to Ordinance D-688? Steve Andrews stated it has always been the custom for the Clerk- Treasurer to do the notice but there wasn't an ordinance stating such a policy. It was the consensus of opinion, that regardless if a petitioner or his attorney wishes to do the legal notice, the very least they could do is tell the clerk-treasurer so she can get it on the agenda. The Council agreed to hold the public hearing on Ordinance Z-259 on February 18, 1991. Wes Bucher then asked about holding public hearings on changes in text for zoning and the comprehensive plan. Councilor Potasnik said he wanted public hearings held on those items. He wanted them treated just like annexations and re-zones. Councilor Lonzo asked Bucher to bring back the wording that he would like to see in an amendment to D-688 which amended D-362. COMMITTEE APPOINTMENTS TO CIVIC SQUARE CENTRE BUILDING CORPORATION: Councilor Adams stated he wanted this item to be put on the next agenda. He said he wanted those appointments in place as soon as possible. Adams stated the quicker the committee could get together and formulate a need for the building the better he would like it. Councilor Adams asked for any member of the public, who would like to serve on this committee, to make his wishes known. FULL COUNCIL PACKETS TO DEPARTMENT HEADS: A motion was made by Councilor Adams to distribute council packets to all department heads, including agendas, proposed ordinances and resolutions, through the mail slots in the lobby. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. ADDITIONAL APPROPRIATIONS/PARK BOARD & COURT: Councilor Lonzo made a motion to direct the Clerk-Treasurer to advertise for an additional appropriation for the park board in the amount of $1,250 in salary and $750.00 for office supplies. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Lonzo made a motion to direct the Clerk-Treasurer to advertise for an additional appropriation for the court that would back out the part-time salary in order to pay for the full-time position. Councilor Potasnik seconded the motion. All members voted aye. Motion carried. ANNEXATION BEING DONE WITHOUT CONSIDERATION FOR VOTING DISTRICTS: Councilor Adams asked Steve Andrews to check into the statutes regarding annexation and putting those areas into Council districts for voting purposes. Andrews said he would do so. There being no further business before the Council the meeting was adjourned. APPROVED ATTESTED