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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 2. 3. 4. 6. 7. 8. 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 11. 12. 13. 14. 15. 16. 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 - '