CCM-10-05-98AMENDED
CARMEL CITY COUNCIL MEETING AGENDA
MONDAY, OCTOBER 5, 1998 --7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
1t.
INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
a. Presentation of Local Government Cooperation Award; Association of Indiana Counties
APPROVAL OF MINUTES
a. September 14, 1998, Regular Meeting
RECOGNITION OF PERSONS WHO WlSII TO ADDRESS TIlE COUNCIL
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
ACTION ON MAYORAL VETOES
CLAIMS
· Payroll
· General Claims
· Retirement
COMMITTEE REPORTS
OLD BUSINESS
a. Second Reading Ordinance C-193/Annexation of Carmel Clay School Property near
River Road; John K. Smeltzer, Esq., Johnson Smith, LLP
*published in The Daily Ledger on September 15, ]998
PUBLIC HEARING
a. First Reading Ordinance C-194/Annexation of Bertha Irw/n Real Estate; James J.
Nelson, Esq., Nelson & Frankenberger
*published in The Daily Ledger on September ]2, ]998
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
12.
13.
14.
15.
16.
First Reading Ordinance C-195/Annexation of Aley Hunt Real Estate; James J.
Nelson, Esq., Nelson & Frankenberger
*published in The Daily Ledger on September 12, 1998
First Reading Ordinance C-196/Annexation of Hazel Dell Parkway and the Carmel
Wastewater Treatment Plant; City of Carmel
*published in The Daily Ledger on September 25, 1998
NEW BUSINESS
a. First Reading Ordinance D-1396-98/Amendment to Section 2-43 of the Carmel City
Code (Elimination of Use of Leave Time Prior to Accrual); Barbara Lamb, Director of
Human Resources
b. First Reading Ordinance D-1397-98/Amendment to Section 2-55 of the Carmel City
Code (Inclusion of References to Disability Plans); Barbara Lamb, Director of Human
Resources
c. First Reading Ordinance D-1398-98/Amendment to Section 2-58 of the Carmel City
Code (Inclusion of Sick Leave Accrual Amendment); Barbara Lamb, Director of Human
Resources
d. First Reading Ordinance D-1399-98/Authorization of Payment of Moving and
Relocation Expenses; Terry Crockett, Director of Information Services
OTHER BUSINESS
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
ADJOURNMENT
CARMEL CITY COUNCIL MEETING MINUTES
MONDAY, OCTOBER 5, 1998 --7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBERS PRESENT: Mayor James Brainard, Council President Robert Battreall; Councilors Kevin
Kirby, Luci Snyder, Run Carter and Billy Walker. Deputy Clerk Rebecca Martin also attended.
Councilors Norm Rnndle and Jim Miller were absent.
Mayor Brainard called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES: Councilor Battreall moved to approve the September 14, 1998, regular
meeting minutes. Councilor Carter seconded. Councilor Carter thanked the clerk-treasurer's office for
color-coding the amendments to the minutes. The Sep_ tember 14. 1998. minutes were a_nproved 5-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: No one from the
public wished to address the council. The mayor called on County Commissioner Steve Dillinger. Mr.
Dillinger presented the Local Government Cooperation Award to the City of Carmel and explained thc
award was given to Carmel, thc City of Indianapolis, Hamilton County and the Town of Fishers for their
cooperation on the 96th Street bridge project. He commended the governments on their cooperation on
many other projects also. Mayor Brainard stated Carmel appreciated all thc County had done to improve
Hamilton County. Mr. Dillinger asked councilors if they had questions about any County projects.
Councilor Snyder asked if the County had surveyed citizens to find out what they thought about the
widening of 146th Street. Mr. Dillinger stated IU, per commission by the County, had surveyed 900
residents in proportionate amounts of each township. He stated 83 percent of those surveyed approved of
widening 146th Street to four lanes, and 86 percent said the project should be bonded so it could begin
immediately. He stated the County's goal was to finish the project within 24 months.
Councilor Battreall asked about the progress of the Gray Road bridge repairs. Mr. Dillinger stated bids
had been let. Mayor Brainard stated construction of the bridge would not begin until more of Hazel Dell
Parkway was opened. Councilor Carter asked whether multi-use paths would be on one or both sides of
146th Street. Mr. Dillinger explained that two of the commissioners were in favor of having paths on
both sides of the street, but he and the County Council were not. Mr. Dillinger explained the
Commission and Council were planning a meeting to negotiate the details. Councilor Carter stated he
hoped the paths would be on both sides of 146th Street, but recommended putting the path on the south
side of the road if the County voted to have the path only on one side. He stated this would hook into the
rest of Clay Township's paths more safely.
CLAIMS: Councilor Snyder moved to approve claims in the amounts of $351,934.81 and $186,379.02.
Councilor Walker seconded. Claims were approved 5-0.
COMMITTEE REPORTS: Councilor Snyder stated the plan commission would be hearing a petition
for a day care that wanted to locate on Medical Drive. Mayor Brainard stated the demolition of the
Carmel Motel, which many thought would occur today, had been postponed two or three days so the gas
company could disconnect its meters and lines to the hotel. The mayor stated the City had received proof
that the hotel had been treated for bugs and had mailed copies of the notification to the 80 nearest
neighbors of the motel.
~: Mayor Brainard announced Ordlnanee C-193. annexation of Carmel Clay School
Property near River Road and stated he had told John Smeltzer of Johnson Smith, LLP, the school
system's attorney, that he did not need to be present. Ordinance C-193 was at)proved 5-0.
PUB I HE N :MayorBrainardannouncedOrdinanceC-194. annexationofBerthalrwinReal
Estate and Ordinance ~-195. annexation of Aley Hunt Real Estate. Jim Nelson of Nelson and
Frankenberger described the two pieces of property to the council. Councilor Battreall verified the
southern boundary of the Irwin property. Councilors discussed the location of the properties.
Mayor Brainard opened the public hearing for Ordinance C-194 at 7:27 p.m. Seeing no one fi.om the
public who wished to comment, he closed the public heating at the same time. ~ was
carried over to the next meetim,.
Mayor Brainard opened the public hearing for Ordinance C-195 at 7:29 p.m. Seeing no one from the
public who wished to comment, he closed the public hearing at the same time. i ance - was
carried over to the next meeting.
Mayor Brainard announced Ordinance C-196. annexation of parts of Hazel Dell Parkway and the
Carmel Wastewater Treatment Plant. He explained the City was petitioning to have these properties
annexed into the City, except for two properties on Hazel Dell for which the City did not yet have the
deeds. Mayor Brainard explained the City constructed the road on the edge of the developed area, trying
not to take right-of-way from residents' front yards. He stated that in most cases the road was built a few
hundred feet to a quarter mile away from the developed parts of the City. The mayor also explained the
wastewater treatment plant originally was built miles fi.om the City, but now was contiguous, so the City
decided to annex it. Councilor Carter moved to introduce the ordinance. Councilor Walker seconded.
Mayor Brainard opened the public hearing for Ordinance C-196 at 7:32 p.m. Seeing no one from the
public who wished to comment, he closed the public hearing at the same time. ~:~t~gfl~aJ.~2~
carded over to the next meeting.
NEW BUSINESS: Mayor Brainard announced Ordinance D-1396-98. an amendment to Section 2-43 of
the Carmel City Code, Ordinance D-1397-98. an amendment to Section 2-55 of the Carmel City Code
and Qrdlnance D-1398-98, an amendment to Section 2-58 of the Cannel City Code. Because Human
Resources Director Barbara Lamb was at a professional conference, the mayor briefly explained each of
the ordinances.
The mayor stated that Ordinance D-1396-98 changed some wording in the Carmel City Code to make it
consistent with other parts of the code. He explained the ordinance included one substantive change that
would prohibit employees fi.om taking leave time prior to accruing it. The mayor stated that Ordinance
D-1397-98 amended Section 2-55 of the City Code to include the recently approved short-term and
long-term disability plans. He stated that Ordinance D-1398-98 amended Section 2-58 of the City Code
to bring it into compliance with other recently passed ordinances affecting employees' sick leave.
Councilor Battreall moved to introduce Ordinance D-1396-98. Councilor Carter seconded. Councilor
Battreall suggested leaving the public hearing open until the next meeting. Mayor Brainard stated that
since these ordinances were not fiscal there was no need for public hearings, but that members of the
public could comment on the ordinances during the public comment section of the meetings. Ordinance
D-1396-98 was carried over to the next meeting. Councilor Walker moved to introduce Ordinance D-
1397-98. Councilor Battreall seconded. Ordinance D-1397-98 was carded over to the next meetin~
Councilor Walker moved to introduce Ordinance D-1398-98. Councilor Battreall seconded. Ordinance
D-1398-98 was carried over to the next meeting
Mayor Brainard announced Ordinance D-1399-98. authorization to pay moving and relocation expenses.
He stated that the ordinance amended City Code to give department directors discretion to pay moving
expenses for new employees, as long as they had the money in their budget. He explained that this
would make the City more competitive with the private sector, especially in trying to hire people for
technical positions. Mayor Brainard stated that Councilor Rundle wanted to offer an amendment at the
second reading and had asked the council not to suspend the rules to vote on this ordinance tonight.
Mayor Brainard asked the council to honor Councilor Rundle's request and withhold discussion.
Councilor Battreall moved to introduce the ordinance. Councilor Snyder seconded. Councilor Carter
stated he was concerned because this ordinance was a fairly broad ordinance that was written to take
care of the needs ora specific instance. He stated he would like to see the ordinance rewritten so it
didn't give quite as much ~eedom to the department directors to pay these expenses. Councilor Battreall
stated the city attorney was in the process of writing an amendment to the ordinance that would restrict it
considerably, and that Councilor Rundle would be working with the city attorney next week on the
amendment. He also stated that the ordinance was introduced tonight because the employee for whom
this ordinance was written needed to be moved here soon. Councilor Kirby suggested the city attorney
look at the Federal Tax Code for language about relocating people. Ordinance D-1399-98 was carried
over to the next meeting.
Councilor Walker moved to adjourn the meeting. Councilor Kirby seconded. The meeting was
adjourned 5-0 at 7:42 p.m. pending signing of the documents.
?
Approj~ed,
~/~~
~ayor James Brainard~'
Clerk-Treasurer Diana L. Cor~IAMC