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HomeMy WebLinkAboutCCM-02-18-91CARMEL CITY COUNCIL MEETING MINUTES FEBRUARY 18, 1991 7:00 P.M. COUNCIL CHAMBERS/ONE CIVIC SQU ARE 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, Annabelle Ogle, Tom Irvin 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 Lonzo offered an MINUTES OF FEBRUARY 4. 1991: amendment to the minutes on page 4. Lonzo asked that the paragraph read, "A motion was made by Councilor Adams to distribute council packets, including agendas, proposed resolutions and ordinances to all department heads through the mail slots in the lobby. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried." Councilor Potasnik made a motion to approve the minutes as amended. The motion was seconded by Councilor Fleming. Carmel Fire CARMEL FIRE DEPARTMENT/25 YEAR SERVICE AWARD: Chief Steve Couts presented a 25-year service award to Assistant Chief Michael Callahan. Jim ANNEXATION C-152/AMERICAN AGGREGATES/PUBLIC HEARING: Nelson, Attorney, representing the petitioner stated he had given his presentation at the last Council meeting. Mr. Nelson also stated that he had complied with Ordinance D-688 by publishing notice of the public hearing in the Noblesville Ledger. The Clerk-Treasurer testified that proof of publication was submitted. The mayor opened the hearing to the public calling for questions, comments and concerns. Jim Quinn asked if the notice was legal since Ordinance D-688 called for the notice to appear in the local paper rather than in the Noblesville Ledger. Mr. Quinn also stated he was not in favor of the re-zone and felt that City Council should have waited until after the report of the 116th Street committee. Hearing no other comments from the public, the mayor closed the public hearing and opened it to the Council for questions and comments. Mayor Hancock also asked the city attorney to address - Mr. Quinn's concerns about using the Noblesville Ledger, as opposed to the Carmel Ledger. Steve Andrews stated that the annexation was placed on the agenda before D-688 was passed. It was Mr. Andrews' opinion that Mr. Nelson didn't have to publish at all, but did it out of a courtesy to the Council and to the public. At this time, Mr. Nelson stated he had reference to case law, Shell Oil versus the City of Ft. Wayne, and that the courts ruled in favor of Shell Oil. It was Mr. Nelson's understanding of that case that an applicant must rely on the laws that are in existence at the time a request is filed or made. Mr. Nelson also said he knew of this case law at the last council meeting but chose not to bring it up at that time. Mr. Nelson then stated that it was his understanding that when legal notice appeared in the Noblesville Ledger, on the same day, it also appears in the Carmel paper. Councilor Potasnik agreed with Mr. Nelson, stating that the petition for annexation was filed prior to the adoption of the new publication rule. Councilor Potasnik asked Rick Myers of the Ledger if the policy to print legal notice in the Noblesville Ledger also puts the same notice in the Carmel Ledger. Mr. Myers responded in the affirmative. Mayor Hancock called for those in favor of ending the debate and calling for the question to signify by voting aye. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance C-152 passed unanimously. Mr. Nelson asked the Clerk-Treasurer if she would be responsible for getting the notice published within 15 days of adoption of the ordinance. The Clerk replied yes. Councilor Lonzo then made a motion to suspend the rules and allow Rick Myers of the Ledger to address the Council. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mr. Myers stated that if a notice was published in the Noblesville Ledger, it would also appear in the Carmel Ledger, but that only applies to advertising and not editorial content. ORDINANCE Z-259/PUBLIC HEARING/SATELLITE RECEIVING ANTENNAS: Councilor Lonzo made a motion to introduce Ordinance Z-259 and suspend with the reading if that was agreeable to the council and to the public, if not, he would ask the Clerk- Treasurer to read the ordinance. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Lonzo asked if the public wanted it read. Katherine Benjamin asked if the ordinance could be summarized rather than read in full. Councilor Lonzo said he did not wish to do that since it would call for an opinion from that person. He preferred to direct the Clerk to read the entire ordinance. After the reading the ordinance, the mayor opened the hearing to the public, calling for questions and comments. Mrs. Elaine May spoke in opposition of the ordinance. She asked how the Plan Commission felt about it and was opposed to the ordinance if this type of apparatus could be put in any residential area. Wes Bucher, Director of Community Development, submitted a written summary of the changes in the ordinance. Bucher stated Ordinance Z-259 came to the Council with a favorable recommendation from the Plan Commission. Mr. Bucher stated the only change from this ordinance over the current ordinance, which already allows for satellite dishes in residential neighborhoods, was that roof-mounted satellite antennas be considered appropriate, provided they are completely screened from view and would only be allowed in commercial, manufacturing and industrial zoned districts. Mr. Bucher stated this amendment went through approximately eight months of discussions, committee meetings and a public hearing at the Plan Commission level. Mr. Bucher, again stated, that the current ordinance does allow for satellite dishes in residential neighborhoods. Katherine Benjamin asked if the 80% screening requirement would effect the reception of the dishes. Both Councilor Potasnik and Wes Bucher explained they used data and input from individuals who install these dishes and others on the technical committee and it was their opinion that the 80% screening would not effect the reception. However, if it did, the petitioner would have the right to apply for a variance. Hearing no other comments from the public, the hearing was closed by the mayor. Mayor Hancock asked for comments from the Council. Councilor Lonzo asked Mr. Bucher about the gentleman who was in attendance at the last Council meeting and wondered if Wes knew where he stood in relationship to this ordinance. Councilor Lonzo thought his name was Mr. Unger. Bucher stated he hated to speak for the man but felt the man was supportive of this ordinance. The man had been contracted to put several of these dishes on businesses throughout the community. Councilor Potasnik made a motion to suspend the rules and act on Z 259 tonight. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Motion carried. APPOINTMENTS TO CIVIC SQUARE CENTRE BUILDING USE COMMITTEE: Councilor Adams asked if any members of the Council would like to serve on the committee. Councilor Lonzo stated he would like to serve. Councilor Adams called for the vote. All members voted aye. Councilor Lonzo then stated that, as a result of a conversation with Tom Kendall concerning the needs of teenagers and who would be the best to know that, he offered the name of Brian Griffiths, CHS student body Vice President, into nomination. Councilor Potasnik offered Martha Ferrin's name into nomination. Mrs. Ferrin would represent the senior citizens of the community. Councilor Potasnik moved to close the nominations. Councilor Ogle seconded the motion. All members voted aye. Motion carried. Councilor Adams asked that Councilor Lonzo take charge of the committee in getting the first meeting called. Councilor Lonzo stated he would do so and solicited the help of the Clerk Treasurer's office in getting out the proper notices. Councilor Lonzo stated the committee meetings would have to comply with the Indiana Open Door Law. Councilor Doane asked what the term of office would be and exactly what would the committee be doing. It was the opinion of the Council that the members would serve on the committee until they could come back to the Council with their recommendations for the best use of the building. ORDINANCE D-691/AMENDMENT TO 1991 8ALARY ORDINANCE: Councilor Lonzo made a motion to introduce Ordinance D-691 and dispense with the reading of the ordinance, unless any member of the public wanted it read. The motion was seconded by Councilor Adams. Mayor Hancock asked the public if they wanted the ordinance read. No one responded. Steve Andrews explained the need for the ordinance. This ordinance would take out the number of police officers, firefighters and communications center ranks from the 1991 salary ordinance. This ordinance also created a vehicle in which the new secretary of the park board could be paid. Andrews explained this did not alter anyone's salary, nor did it change the 1991 budget line items for these salaries. Councilor Lonzo made a motion to suspend the rules and act on D-691 tonight. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-691 passed unanimously. Steve Andrews SPECIAL LIMOUSINE LICENSE/BILL HERRINGTON: explained the request for a special limousine license by Mr. Herrington. It was Andrews opinion that Mr. Herrington would not be operating either a taxi nor a limo and technically didn't need a license from the city with respect to his business. Mr. Herrington would be hired to transport approximately 8 children to a specific destination (pizza parlor) in a van. Mr. Herrington wanted to use Ninja Turtle figurines on top of the van but agreed to remove them if they did not meet the sign ordinance requirements. Councilor Potasnik made a motion to remove this item from the agenda. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Councilor Tom REQUEST FOR FUNDING/PGA PROMOTION/$8,000: Irvin, on behalf of Steve Brown (Chairman, Carmel 1991 PGA Promotion Committee) presented a request for funding from the Carmel Economic Promotional Fund in the amount of $8,000. Irvin solicited comments from the Council concerning the request in general: Did it fit the criteria for funding from the promotional fund and did the council have to have an additional appropriation and a public hearing? Mayor Hancock stated this money was in the Carmel Promotional Fund and an additional appropriation, including a public hearing, would have to be held before monies could be disbursed from that fund. Councilor Ogle asked if the Council didn't already have money in its budget for this type of thing. Clerk-Treasurer Susan Jones stated there is $2,500 in the general fund for council promotional items. Councilor Ogle thought there was money for a newsletter in that line item. Clerk-Treasurer Jones stated there was $20,000 in the general fund for a council newsletter. Councilor Irvin stated this fund was established through the disbanding of the Carmel Economic Development Commission and the fund had approximately $51,000 in it for promotion of the city. Councilor Irvin thought this request fit the criteria of that promotional fund. Councilor Potasnik outlined the entire history of the fund to the Council. Councilor Potasnik read letters from Gilbert Kett and Vaughn Story regarding the disbanding of the EDC and the establishment of the promotional fund. Councilor Potasnik also read the section of Ordinance D-646 which stated how monies were requested by someone and the procedure they must follow. Councilor Potasnik questioned if Councilor Irvin could serve as a petitioner on behalf of Mr. Brown. Steve Andrews stated he thought it was appropriate since Councilor Irvin is a member of the PGA committee. Councilor Potasnik and Mayor Hancock wanted it stated for the record that the monies in this fund were from bond proceeds and not tax dollars. Councilor Lonzo strongly felt the public should be heard on the spending of this money. Councilor Irvin made a motion to direct the clerk-treasurer to advertise for an additional appropriation in the amount of $8,000 from the promotional fund for the March 4, l991 meeting. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Mayor Hancock DESIGNATION OF DEPOSITORIES FOR PUBLIC FUNDS: stated this is done every two years by the Finance Board and since the Council acted as a whole it was now up to them to approve these agencies as depositories for public funds. Mayor Hancock asked the clerk-treasurer if these forms were all in order and received in proper time. Clerk-Treasurer Jones stated they were in proper form to the best of her knowledge and they were all submitted in proper time. Mayor Hancock then turned the meeting of the finance board over to President Adams. Councilor Lonzo then corrected the procedure and made a motion to nominate Councilor Adams as the President of the Board. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Councilor Potasnik questioned some of the forms that listed other political subdivisions other than Carmel. The clerk- treasurer stated all but Metro 8ank listed a branch in Carmel and that many of them listed Carmel on the second sheet which she had not distributed to the Council. Steve Andrews then stated that, according to Wes Bucher and David Taylor, Metro Bank is in the process of acquiring Colonial Bank in Carmel and would have a branch in Carmel in the very near future. Councilor Adams stated that the acquisition was not complete and the process was waiting federal approval. Councilor Ogle then asked to remove herself from the proceedings since she was an employee of one of the banks. Councilor Lonzo made a motion to approve all the banks who submitted a proposal as a public depository and to include Metro Bank, contingent upon verification that it has a branch in Carmel. The motion was seconded by Councilor Irvin. All members (Councilor Ogle abstained from voting) voted aye. Motion carried. ANNOUNCEMENTS: Steve Andrews stated he was interested in hearing from anyone who would like to participate in CPR classes. The Fire Department conducts these classes and they are open to everyone. Councilor Potasnik asked for ideas relative to the Council newsletter. Councilor Potasnik also thanked the Fire Department for their support of him with respect to his work on the technical committee for the Communications Center. Councilor Irvin asked for suggestions to his revision of D- 362. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted