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HomeMy WebLinkAboutCCM-01-07-91CARMEL CITY COUNCIL MEETING MINUTES JANUARY 7, 1991 7:00 P.M. ONE CIVIC SQUARE/COUNCIL CHAMBERS The meeting was called to order by Mayor Dorothy J. Hancock. Council members in attendance were Minnie Doane, Lee Lonzo, Alan Potasnik, Annabelle Ogle, Frank Fleming, Tom Irvin and David Adams. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. The pledge of allegiance was recited followed by a plaque presentation. Councilor Lonzo presented a plaque to the Carmel High School Girl's Swim Team Coach, Ray Lawrence and members of the team in honor of the swim team winning the state championship. MINUTES: Councilor Adams wanted the following correction made to the minutes of December 17, 1990. Councilor Adams stated that he wanted the two sentences on page 6 at the bottom of the page, "Councilor Adams stated he deeply resented comments by the public and felt he didn't have to take it. He did not appreciate "bully tactic" by the public." struck from the minutes and the following paragraph inserted: "Councilor Adams stated that he had reviewed the videotape of the remonstrator's comments at the December 3 meeting, and he heard a number of positive comments that expressed serious concerns about this project. He also heard negative comments, and unlike Councilor Potasnik did not feel that he had to sit there and take it. He stated that he deeply resented that there were those who felt that they could influence his decision through bully tactics or intimidation. He also heard a number of comments that were well- founded, but unrealistic." Councilor Potasnik asked for a change on page 2 under the Deputy Bailiff Salary topic. He said that he had asked for a motion to suspend the rules and move Ordinance D-685 up on the agenda for a hearing and combine it with Ordinance D-682. Councilor Fleming made a motion to approve the minutes with that change. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Mary Stanley, Attorney for ORDINANCE D-686/INDIANA DIGITAL ACCESS: Indiana Digital Access presented Ordinance D-686 and a brief explanation for the need of the ordinance to the Council. Ms. Stanley stated this type of franchise was a formality and that through the approval of the Indiana Regulatory Commission, Indiana Digital Access, could put in their lines without the franchise. In reference to Ordinance D-686, Indiana Digital Access, a question was raised as to fees. Attorney Andrews pointed out there is no basis for fees due to the difference between a state regulated utility like IDA as contrasted to a Cable TV system. Steve Andrews stated it was more of a courtesy to seek this franchise rather than a requirement. Councilor Lonzo made a motion to change the approving body on page 2 of the ordinance to the City Engineer rather than the City Council. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Councilor Potasnik asked how long this franchise would be in effect. Steve Andrews stated it was for 99 years. Councilor Lonzo made a motion to introduce Ordinance D-686 as amended and suspend the rules for reading of the same. The motion was seconded by Councilor Fleming. Councilor Irvin made a motion to reduce the length of the franchise from 99 years to 25 years. There were no second on the motion. Councilor Fleming made a motion to suspend the rules and act on D- 686 tonight. Councilor Adams seconded the motion. Councilor Irvin voted nay and all other Council members voted aye. ELECTION OF NEW COUNCIL PRESIDENT AND APPOINTMENTS: Councilor Fleming made a motion to nominate Councilor Adams as the new President of the City Council. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Irvin made a motion to close nominations. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Councilor Potasnik called for the vote. All members voted aye. COUNCIL APPOINTMENT TO BOARD OF ZONING AND APPEALS: Councilor Irvin made a motion to appoint James Guy Miller to the Board of Zoning and Appeals. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Lonzo made a motion to close the nominations. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Potasnik called for the vote. All members voted aye. COUNCIL APPOINTMENT TO TV ADVISORY BOARD: It was determined by Councilor Lonzo (Parliamentarian) that Councilor Irvin had been appointed to a two year term with the term beginning, April 1, 1990 so no new appointment was necessary tonight. COUNCIL APPOINTMENT TO PLAN COMMISSION: Councilor Adams made a motion to nominate Councilor Potasnik to the Plan Commission. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Irvin made a motion to close nominations. Councilor Doane seconded the motion. All members voted aye. Motion carried. Councilor Potasnik called for the vote. All members voted aye. FINANCE COMMITTEE OF THE COUNCIL: It was determined by Councilor Lonzo (Parliamentarian) that Ordinance D-362 already states that the Council will serve as a whole on the finance committee and that no appointments were necessary. Councilor Potasnik thanked the Council for their cooperation and the opportunity to serve as President. Councilor Potasnik also congratulated Councilor Adams. ORDINANCE D-688/AN ORDINANCE AMENDING ORDINANCE D-362/ESTABLISHING THE REQUIREMENT OF A PUBLIC HEARING BEFORE THE COMMON COUNCIL ON PETITIONS FOR REZONING OF REAL PROPERTY AND ANNEXATIONS: City Attorney Andrews explained the necessity for the Ordinance and asked the Council to not act on it tonight but to review it and bring it back under old business at the next Council meeting. Andrews said he still wasn't happy with the wording on which newspapers should be used so the ordinance needed some "polishing" before it passed. Councilor Lonzo made a motion to introduce Ordinance D-688 and suspend the rules for reading of the same. The motion was seconded by Councilor Adams. Councilor Lonzo asked Councilor Irvin if he knew when the revision of D- 362 would be brought before Council. Councilor Irvin said he would be introducing the first draft at the next Council meeting. ORDINANCE D-687/ENFORCEMENT AID FUND: City Attorney Steve Andrews explained the need for this Ordinance. Andrews stated that confiscated monies obtained by the police need to be deposited into the Enforcement Aid fund and this ordinance created the vehicle needed by the Clerk- Treasurer to do that. Councilor Potasnik made a motion to introduce ordinance D-687 and suspend the rules for reading of the same. Councilor Lonzo seconded the motion. All members voted aye. Motion carried. Councilor Potasnik made a motion to suspend the rules and act on D- 687 tonight. Councilor Irvin seconded the motion. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance D-687 passed unanimously. DISCUSSION ON CIVIC Square CENTRE BUILDING CORPORATION: Councilor Potasnik stated this request to be placed on the agenda came out of recent events concerning the Civic Square, the Civic Square Centre Building Corporation and a letter written by himself concerning the lack of communications between all parties. Councilor Potasnik did not mean to discredit the good job the building corporation is doing and realizes it takes a tremendous amount of time and effort on the part of those people to do this kind of a job. Councilor Potasnik asked for a better distribution of meeting dates, times and minutes of the building corporation and also asked that a resolution be drafted calling for a member of the technical advisory board to be appointed to the building corporation. That member would have full voting rights. Steve Andrews asked if this member would serve on both building corporations. Councilor Potasnik said he meant only the building corporation that had to do with the centre. Councilor Potasnik stated that promises and statements were made to the public about keeping this transaction open and he wanted to assure them that this was being done. Mayor Hancock stated she still has two appointments open on the board and would take a recommendation. Councilor Potasnik stated he would get with her after the technical advisory board meeting on Wednesday. COMMUNICATION CENTER CLAIM: Councilor Potasnik made a motion to approve a claim from Copy Rite in the amount of $1,068.00 for the Communications Center. This claim would come from the $500,000 equipment monies in the Council budget and was part of the encumbered money from 1990. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Potasnik also asked the Clerk-Treasurer for guidance on getting the additional appropriation started for the Communications Center. Clerk- Treasurer Jones stated she had many other "additionals" coming up and could combine them into one request for February. Councilor Potasnik stated he would get someone from the advisory committee to contact her about the amounts needed for the additional appropriation. MAYOR APPOINTMENTS: Mayor Hancock reappointed Councilor Doane as the Chaplin and Councilor Lonzo as the Parliamentarian. SECOND MEETING DATE IN JANUARY: It was the decision of the Council to hold their second meeting in January on January 22 rather than the 21st since the 21st was a legal holiday. The meeting was begin at 7:00 P.M. Councilor Doane apologized for being late and said in the 12 years she has served on Council she has never been late. Mayor Hancock said Councilor Doane receives transportation from the Carmel Police Department and they couldn't make it on time and that it was not her fault. There being no further business before the Council the meeting was adjourned. APPROVED ATTEST