CCM-10-19-98City of Carmel
CARMEL CITY COUNCIL MEETING AGENDA
MONDAY, OCTOBER 19, 1998 --7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
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INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
APPROVAL OF MINUTES
a. September 28, 1998, Regular Meeting
b. October 5, 1998, Regular Meeting
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE 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-194/Annexation of Bertha Irwin Real Estate; James J.
Nelson, Esq., Nelson & Frankenberger
*published in The Daily Ledger on September 12, 1998
b. Second 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
c. Second 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
d. Second 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
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
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Second 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
Second 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
Second Reading Ordinance D-1399-98/Authorization of Payment of Moving and
Relocation Expenses; Terry Crockett, Director of Information Services
PUBLIC HEARING
NEW BUSINESS
a. Resolution CC-10-19-98-01/Resolufion Approving Payment of Construction Costs for
Hazel Dell Parkway ($395,703.49); Kate Boyle, City Engineer
b. Resolution CC-10-19-98-02/Resolution Providing for General Fund Reimbursement of
City Center Redevelopment Project Costs and Expenses; Diana Cordray, Clerk-Treasurer
c. Resolution CC-10-19-98-03/Resolution Regarding Traffic Congestion Along the
Michigan Road Corridor; Councilor Ron Carter
d. Resolution CC-10-19-98-04/Resolufion Authorizing Payment of Moving and Relocation
Expenses of Theresa A. Krueskamp; Terry Crockett, Director of Information Services
OTHER BUSINESS
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
ADJOURNMENT
CARMEL CITY COUNCIL MEETING MINUTES
MONDAY, OCTOBER 19, 1998 --7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBERS PRESENT: Mayor James Brainard, Council President Robert Battreall; Councilors Kevin
Kirby, Jim Miller, Norm Rundle, Luci Snyder, Run Carter and Billy Walker. Clerk-Treasurer Diana
Cordray and Deputy Clerks Rebecca Martin and Robin Butler also attended.
Mayor Brainard called the meeting to order at 7 p.m. Councilor Miller gave the invocation. Mayor
Brainard led the Pledge of Allegiance.
APPROVAL OF MINUTES: Councilor Battreall moved to approve the September 28, 1998, regular
meeting minutes. Councilor Rundle seconded. The minutes were approved 7-0. Councilor Battreall
moved to approve the October 5, 1998, regular meeting minutes. Councilor Walker seconded. The
minutes were approved 5-0. Councilors Miller and Rundle abstained because they were absent for the
October 5 meeting.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: No one from the
public wished to ad&ess the council.
COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Battreall stated he and Councilor Snyder had attended the Long Range Planning Committee
meeting of Clay Township Regional Waste District. He handed information to councilors to review.
CLAIMS: Councilor Snyder moved to approve claims in the amounts of $178,954.65, $745,209.64,
$254,516.53 and $417,048.26. Councilor Rundle seconded. Claims were approved 7-0.
COMMITTEE REPORTS: Councilor Snyder stated the proposal for the Village of West Clay would
be up for a vote at the next plan commission meeting.
OLD BUSINESS: Mayor Brainard announced Ordinance C-194. annexation of real estate owned by
Bertha Irwin. Jim Nelson of Nelson and Frankenberger explained the annexation and stated the property
was located near 116th Street and Hazel Dell Parkway. Ordinance C-194 was approved 7-0.
Mayor Brainard aunounced Ordinance C-195. annexation of Aley Hunt Real Estate. Mr. Nelson
explained the annexation and statzd the 154-acre property was at 126th Street and Hazel Dell Parkway.
Ordinance C-195 was approved 7-0.
Mayor Brainard announced Ordinance C-196. annexation of parts of Hazel Dell Parkway and the
Carmel Wastewater Treatment Plant. He stated the parkway was built on the edge of the City, passing in
and out of City limits. He stated this was the first time the wastewater treatment plant was contiguous to
the City. Ordinance C-196 was approved 7-0.
Mayor Brainard announced Ordinance D-1396-98. an amendment to Section 2-43 of the Carmel City
Code (Elimination of Use of Leave Time Prior to Accrual). He stated Barbara Lamb, the City's Human
Resources director, was present if councilors had questions. Ordinance D-1396-98 was approved 7-0.
Mayor Brainard announced Ordinance D-1397-98. an amemdment to Section 2-55 of the Carmel City
Code (Inclusion of References to Disability Plans). Ordinance D-1397-98 was approved 7-0.
Mayor Brainard announced Ordinance D-1398-98. an amendment to Section 2-58 of the Carmel City
Code (.Inclusion of Sick Leave Accrual Amendment). Ordinance D-1398-98 was approved 7-0.
Mayor Brainard announced Ordinance D-1399-98. authorization to pay moving and relocation expenses
and explained this ordinance was written to pay the moving expenses of Theresa Krueskamp who had
accepted a job for the City's Department of Information Services from out of state. He stated the council
had withheld discussion on this ordinance at the request of Councilor Rundle who could not attend the
meeting at which this item was introduced. Councilor Rundle stated he believed the ordinance was too
open-ended and could therefore include payment of too many expenses. He moved to amend the
ordinance by substituting it with Ordinance D-1399-98, as amended, that was submitted to the council
by the city attorney under cover letter dated October 16, 1998. He stated this amended version provided
for payment of a moving van, packing and unloading. Councilor Rundle explained that if Ms.
Krueskamp voluntarily left her position with the City within two years, this ordinance required her to
reimburse a percentage of the moving costs. Councilor Snyder seconded the motion. Clerk~Treasurer
Cordray stated she had not received copies of the amended ordinance, and, therefore, had nothing for
councilors to sign if they approved it. The council voted 7-0 to approve the amendment. Mayor Brainard
passed his copies to the clerk-treasurer.
Councilor Battreall moved that the council withdraw Ordinance D-1399-98, as amended, and approve
Resolution CC- 10-19-98-04, a resolution authorizing payment o f moving and relocation expenses o f Ms.
Krueskamp. He stated that doing this would allow the council to solve the issue without creating a law.
Councilor Battreall added to his motion that the council amend the resolution using the language from
Ordinance D-1399-98 about the payback of moving expenses. Councilor Miller seconded. Councilor
Carter suggested changing the his/her in the proposed amendment to her. Clerk-Treasurer Cordray
verified the motion.
Councilor Kirby stated the resolution did not specifically state what expenses would be paid by the City
for Ms. Krueskamp's move. Councilor Rundle stated that approving the request by ordinance would
eliminate the need for passing a resolution every time this issue arose. He stated he also had concerns
about equity. Councilor Rundle asked Ms. Lamb, the Human Resources director, her opinion about the
ordinance. Ms. Lamb stated this was a unique circumstance. She explained she had talked to Charlie
Pride at the State Board of Accounts who told her the City needed to approve this request in ordinance
form. She stated the City's assistant attorney, Craig Carpenter, had later called the State Board of
Accounts and discovered the City could approve the moving expenses by way of resolution. Ms. Lamb
stated she was in favor of the council passing a resolution as opposed to an ordinance because she would
rather not see this become part of City law.
Councilor Rundle stated that in light of Ms. Lamb's comments and his perception that most of the
council was not in favor of passing the ordinance, he would support the resolution. Ms. Lamb stated the
language in the resolution did not need changed to list specific moving expenses. She explained Terry
Crockett, the director of Information Services, had assured her the City would only be paying for actual
moving expenses. Councilors discussed the benefits of adding the language from Ordinance D-1399-98
listing the payback of moving expenses. Councilor Kirby stated this resolution probably would be used
in the future and he wanted to make sure it set a good precedent. Ms. Lamb clarified the State Board of
Account's recommendations at Councilor Walker's request. Councilors and the mayor discussed what
motion was on the floor. Councilor Battreall moved to withdraw Ordinance D-1399-99. Councilor
Carter seconded. Ordinance D-1399-98 was withdrawn 7-0.
Councilor Battreall moved to introduce Resolution CC-10-19-98-04. a resolution authorizing payment of
moving and relocation expenses of Theresa A. Krueskamp. Councilor Kirby seconded. Councilor
Battreall moved to amend the resolution adding the language from Ordinance D-1399-98 about the
payback of moving expenses (Exhibit A). Councilor Miller seconded. Councilor Rundle stated the
phrase his/her could be changed to her. Councilor Walker stated he was not in favor of paying anyone's
moving expenses. Councilor Rundle stated paying moving expenses was a common business practice.
Resolution CC-10-19-98-04 was approved 6-1. Councilor Walker voted no.
NEW BUSINESS: Mayor Brainard announced Resolution CC-10-19-98-01. a resolution approvin~
pa_vment of construction costs for Hazel Dell Parkway ($395.703.49) and stated the parkway now was
open from 96th Street to 126th Street. Councilor Carter moved to approve the resolution. Councilor
Snyder seconded. Resolution CC-10-19-98~01 was approved 7-0.
Mayor Brainard announced Resolution CC-10-19-98-02. a resolution providing for General Fund
reimbursement of Ci_ty Center Redevelopment Project costs and expenses. Councilor Snyder moved to
approve. Councilor Carter seconded. Mayor Brainard explained that in December 1997, the City agreed
to purchase the building owned by the American United Life Insurance Company. The mayor explained
that because the bond money was not available until January, the council appropriated the money to buy
the building on the condition the General Fund would be reimbursed. Councilor Battreall moved to
delete the words Wabash Scientific, Inc. fi.om Section 2.a) and American United Life lnsurance
Company from Section 2.b) and to replace each with Cily of Carmel General Fund. Councilor Kirby
seconded. Clerk-Treasurer Cordray stated the amount listed on the agenda as $2,550.00 should be
$2,550,000.00. She then explained the actual amount requested when the additional appropriation was
made was $2.6 million and asked if the amount for reimbursement also should be rounded to $2.6
million. Councilor Kirby asked what the actual amount paid to American United Life was. Clerk-
Treasurer Cordray stated the City paid AUL $2,529,451 for the building. Councilor Kirby stated the
council should reimburse the General Fund exactly what was paid because the unspent money would
roll back into the General Fund anyway. Mayor Brainard stated that Councilor Kirby was correct.
Councilor Kirby moved to amend the resolution to include Councilor Battreall's motion and his own
recommendation that the amount in Section 2.b) be changed to from $2,550.00 to $2,529,451.00.
Councilor Miller seconded. The amendment was approved 7-0. Councilor Carter stated the resolution
contained an ttuneeded the in Section 1. He asked if the council needed to move to amend the ordinance
or if it could just be deleted. The clerk-treasurer stated she would delete the the. Resolution CC-10-19-
98-02, as amended, was approved 7-0.
Mayor Brainard announced Resolution CC-10-19-98-03. a resolution regarding traffic congestion along
Michigan Road. Councilor Carter moved to approve the resolution. Councilor Kirby seconded.
Councilor Carter explained this resolution was a request to INDOT to re-examine the intersection of
Michigan Road and 1-465 to see if the traffic congestion could be remedied. Councilor Kirby asked if
INDOT was still in the planning phase of Michigan Road. Councilor Carter stated there was not much
time before INDOT was completed with the design. Resolution CC-10-19-98-03 was approved 7-0.
Councilor Snyder commended the clerk-treasurer for putting together the Comprehensive Annual
Financial Report (CAFR) and stated Carmel was the second third-class city to do this. She explained the
report included financial infonnation from the past 10 years and would help the City get a better bond
rating. Councilor Kirby also complimented the clerk-treasurer on the report. Councilor Battreall brought
up the possibility of creating an incentive program to reward City employees for offering cost-saving
ideas to the City. He stated the clerk-treasurer had shown him a state law on the topic this morning.
Councilors also talked with a Boy Scout Troop Leader who had brought four scouts to the meeting.
Councilor Kirby moved at 7:52 p.m. to adjourn the meeting after signing documents.
Respectf~lly submitted,
Clerk-Treasurer Diana L. Cordr~fl, IAMC
Attest: , /7 ~
Clerk-Treasurer Diana L. Core,fMC
~fayor .~ame's Brainard - '