HomeMy WebLinkAboutCCM-08-03-98City of Carmel
CARMEL CITY COUNCIL MEETING AGENDA
MONDAY, AUGUST 3, 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
a. Proclamation of August 4. 1998. as 15th Annual National Night Out; Mayor James
Brainard and Police Chief Michael Fogarty
APPROVAL OF MINUTES
a. July 20, 1998, Regular Meeting
b. July 14, 1998, Budget Hearing
c. July 16, 1998, Budget Hearing
d. July 21, 1998, Budget Hearing
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. Third Reading Ordinance D-1371-98/Amendment to Section 6-97 of the Carmel City
Code (Dogs and Cats At Large); Mayor James Brainard
tabled.from 7/20/98 meeting
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
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Third Reading Ordinance D-1372-98/Amendment to Section 4-29 (Vicious Animals)
and Sections 6-130 through 6-138 (Vicious Animal Regulations), and Addition of Section
6-99 (General Animal Care) to the Carmel City Code; Council President Robert Battreall
tabled from 7/20/98 meeting
Second Reading Ordinance D-1374-98/Adoption ora Supplement to the Carmel City
Code; Diana L. Cordray, Clerk-Treasurer
tabled from 7/20/98 meeting
Second Reading Ordinance D-1375-98/Amendment to Section 8-120 of the Carmel
City Code (Establishing Certain Stop and Yield Intersections); David Klingensmith,
Street Commissioner
PUBLIC HEARING
NEW BUSINESS
a. First Reading Ordinance D-1376-98/Amendment to Section 2-42 of the Carmel City
Code (Sick Leave); Barbara Lamb, Human Resources
b. First Reading Ordinance D-1377-98/Amendment to Section 2-38 of the Carmel City
Code (Medical Insurance Premiums); Barbara Lamb, Human Resources
c. First Reading Ordinance D-1378-98/Repeal of Sections 2-66 through 2-71 and adding
of Section 2-40 of the Carmel City Code (Civilian Disability Plan); Barbara Lamb,
Human Resources
d. Resolution CC-08-03-98-01/Resolution Approving Payment of Construction Costs for
Hazel Dell Parkway ($548,814.86); Kate Boyle, City Engineer
OTHER BUSINESS
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
ADJOURNMENT
CARMEL CITY COUNCIL MEETING MINUTES
MONDAY, AUGUST 3, 1998 --7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBER~: Mayor James Brainard, Council President Robert Battreall; Councilors Jim
Miller, Norm Rundle, Luci Snyder, Run Carter and Billy Walker. Clerk-Treasurer Diana Cordray and
Deputy Clerk Rebecca Martin also attended. Councilor Kevin Kirby was absent.
Mayor Brainard called the meeting to order at 7:07 p.m. Councilor Miller gave the invocation. Mayor
Brainard led the Pledge of Allegiance.
RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Mayor Brainard read a
declaration proclaiming August 4. 1998. as 15th Annual National Night Out. Police Chief Michael
Fogarty asked all residents to participate in the event by turning on their porch lights to show unity for
making the community a safer place.
APPROVAL OF MINUTES: Councilor Rundle moved to approve the July 20, 1998, minutes.
Councilor Snyder seconded. The July 20 minutes were approved 6-0.
Councilor Rundle moved to approve the July 14, 1998, budget hearing minutes. Councilor Snyder
seconded. Councilor Battreall moved to amend the minutes to add the discussion and unanimous vote of
the Police Pension Fund, $294,774. Councilor Rundle seconded. Clerk-Treasurer Cordray stated the
fund was omitted accidentally during preparation of the minutes. The council voted 6-0 to approve the
amendment. The Jul_v ~4 minutes, as amended, were approved 6-0.
Councilor Rundle moved to approve the July 16, 1998, budget hearing minutes. Councilor Battreall
seconded. Councilor Battreall moved to amend the amount of the Cum Cap Sewer budget from
$764,000 to $733,600 and to amend the amount of the Board of Public Works budget from $8,041,308
to $9,041,308. Councilor Miller seconded. Mayor Brainard suggested the clerk-treasurer talk with the
~uployees who put together the BPW budget to verify the amount. Councilor Carter moved to table the
minutes. Councilor Rundle seconded. Councilor Walker called for the question. The July 16 minutes
were tabled to the next meeting 6-0.
Councilor Rundle moved to approve the July 21,1998, budget hearing minutes. Councilor Walker
seconded. The July 21 minutes were approved 6-0.
RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL:
Jim Phend, president of the Carmel Motorists Association, explained why he was not in favor of thc City
putting speed humps on 98th Street. At the request of Councilor Carter, Mr. Phend explained the history
of the Carmel Motorists Association.
ELECTED OFFICIALS' COMMENTS AND OBSERVATIONS: Councilor Battreall stated he had
researched stop signs in the City and believed that some were established needlessly. Hc explained he
had asked several departments in the City to look into the issue, but had seen no results. He mentioned
specific intersections that appeared to have unnecessary stop signs.
Councilor Snyder explained the City's process of establishing a stop sign. She stated that residents who
want a stop sign are required to obtain signatures of 50 percent or more of the residents who live in the
area of the requested stop sign. The City then asks the Street Department and sometimes the Police
Department to look into the issue. Councilor Snydor stated the 20 mph speed limit on 98th Street was
too low. Mayor Brainard added that after the Street Department studies the intersection in question, the
Engineering Department studies the intersection to decide if it warrants a stop sign. The mayor stated
that during his administration the City has complied with all State and Federal warrants before installing
stop signs. He explained the City was putting down speed humps on 98th Street to test their
effectiveness and see if they could help eliminate the use of unnecessary stop signs. Councilor Battreall
reiterated he didn't think speed humps were the answer to excessive stop signs. He stated that he thought
some stop signs had been unnecessarily placed during previous administrations. Councilor Walker stated
the intersection at Auman Drive and 126th Street was a poor intersection and needed improved.
CLAIMS: Councilor Snyder moved to approve claims in the mounts of $174,292.69, $353,568.79,
$192,744.41, $1,262,531.33 and $53,526.80. Councilor Rundle seconded. Claims were approved 6-0.
OLD BUSINESS: Mayor Brainard suggested the council consider Ordinance D-1372-98. amendment to
Section 4-29 .(Vicious Animals) and Sections 6-130 to 138 (Vicious Dog Regulations): and addition 0f
Section 6-99 (General Animal Care) of the Carmel City Code before discussing Ordinance D-1371-98.
The council concurred.
City Attorney Douglas C. Haney suggested amending Ordinance D-1372-98 based on a recommendation
given by Councilor Kirby. Mr. Haney stated Councilor Kirby was concerned because the ordinance, by
its own definition, could make an animal that had not obtained the Clay Township Dog Tag a vicious
animal. Mr. Haney explained that the township dog license fee was authorized by state law, therefore he
recommended amending the language of Section 6-130(a)(1)(F) to read: Any animal not licensed
according to any applicable Federal law and/or any applicable State law other than Indiana Code
Section 15-5-9-1. Councilor Carter moved to amend the ordinance as recommended. Councilor Rundle
seconded. Councilor Carter called for the question. The amendment was approved 6-0.
Councilor Walker and Mayor Brainard discussed the ordinance's references to vaccinations. Councilor
Carter asked Mr. Haney if Section 4-29(c)(ii) permitted animals to be identified with an implantable
identification capsule. Mr. Haney explained he had broadened the terminology to include markings other
than tattoos. Councilor Carter moved to amend Section 4-29(c)(ii) to read: Proof that the Owner of the
Vicious Animal has, at his own expense, had the permit number assigned to the Vicious Animal tattooed
or otherwise permanently marked upon the Vicious Animal by a licensed veterinarian or trained
tattooist, or implanted under the skin of the Vicious Animal as a scanable microchip by a licensed
veterinarian. The Animal Control Officer may, in his discretion, designate the particular location of the
tattoo, microchip or other permanent identification on the Vicious Animal. Councilor Walker seconded.
The amendment was approved 6-0.
Councilor Rundle commended Mr. Haney for his work on the ordinance throughout the past year. He
explained that current City law required owners of vicious animals to have $1 million of vicious animal
insurance. He stated that one of the drafts of this ordinance eliminated this insurance requirement
because vicious animal insurance could be obtained only from Lloyds of London. Councilor Rundle
explained the attorney had put an insurance requirement of $100,000 back in this ordinance because
owners of vicious animals could obtain $100,000 of renter's or homeowner's insurance. Councilor
Rundle also explained that Clerk-Treasurer Cordray had suggested the ordinance require owners to
obtain permits for vicious animals at no charge from the police department instead of requiring them to
obtain a license for a fee from the Clerk-Treasurer. He stated this suggestion had been worked into the
ordinance also. Ordinance D-1372-98. as amended, was approved 6-0.
Mayor Brainard stated that since Ordinance D-1371r98, amendment tO Section 6-97 of the Carmel City
Code (Dogs and Cats At Large) and Ordinance D-1372-98 were mutually exclusive, the council did not
need to consider Ordinance D-1371-98. The council concurred.
Councilor Walker moved to introduce Ordinance D-1374-98. adoption of a Supplement to the Carmel
City Code. Councilor Snyder seconded. Clerk-Treasurer Cordray suggested the Department of Law take
responsibility of the codification process since all ordinances and resolutions originate from the legal
department. Mayor Bra'mard explained that this supplement included typographical errors. Mr. Haney
explained that American Legal Publishing, the City's codification company, should send him a draft of
the corrected supplement in time for the next meeting. Councilor Battreall moved to table the ordinance
until the next meeting. Councilor Snyder seconded. Ordinance D-1374-98 was tabled 6-0 until the next
meeting.
Councilor Battreall explained he had a chance to look at most of the intersections included in Ordinance
D-1375-98. an amendment to Section 8-120 of the Ci_ty Code establishing certain stop and yield
intersections, and that there was no need to table the ordinance. Councilor Carter called for the question.
Ordinance D-1375798 was approved 6-0.
NEW BUSINESS: Councilor Battreall moved to introduce Ordinance D-1376-98. an amendment to
Section 2-42 of the Carmel City Code (Sick Leave). Councilor Walker seconded. Barbara Lamb, Human
Resources director, explained that this ordinance changed the sick leave policy for City employees in a
way that would reward those who didn't use their sick time. She stated that the hours accrued by civilian
employees would be reduced from 7.5 to 5 hours per month, but that at the end of the year, employees
could carry over as many as 40 days. Employees could choose to have sick time in excess of 30 days,
but less than 40 days, paid to them a 1:3 ratio; any hours accumulated in excess of 40 days would
automatically be paid to the employee on a 1:3 ratio. She stated that for the first year of the plan
employees would receive their sick time in the form of vacation time, but would receive money after the
first year. Ms. Lamb stated she was asking these changes to be effective December 31, 1998.
Ms. Lamb also explained Ordinance D-1378-98. repeal of Sections 2-66 through 2-71 and addition of
Secflon 2-40 to the Carmel City. Code (Civilian Disabili _ty Plan). She explained that this ordinance
eliminated the catastrophic leave plan and replaced it with short term disability. Ms. Lamb stated that if
this ordinance was passed it would be effective as soon as the contract for disability insurance was
approved by the Board of Public Works and Safety. Ms. Lamb stated that employees had responded with
mixed feelings to the ordinances. Councilor Battreall asked if Ms. Lamb had considered a 2:1 to ratio to
pay employees for sick time. She stated that she chose to give employees one hour of pay for every three
hours of sick time to be fiscally conservative. Councilor Battreall stated that these changes would not
cost the City much money and was a good way to reward employees. Councilor Walker asked Ms. Lamb
if she had considered a sick plan like the schools' plan of accruing sick days until retirement. Ms. Lamb
stated she was not sure if the City was ready to accept the fiscal responsibility of paying out accrued sick
time at someone's retirement. Councilors discussed giving employees one hour of pay for every two
hours of sick time as opposed to giving them one hour of pay for every three hours of sick time.
Ordinance D-1376-98 was carded over to the next meeting.
Mayor Brainard announced Ordinance D-1377-98. an amendment to Section 2-38 of the Carmel Ci_ty
Code (Medical Insurance Premiums). Ms. Lamb explained that this ordinance would enable the City to
pay part of employee/spouse insurance premiums for employees who have worked for the City for 20
years. Tim Green, Assistant Chief of Police, stated that this ordinance created a good benefit because
employees had to earn it. He also explained that it would mean a lot to those who put in their 20 years of
service. Councilor Walker moved to introduce the ordinance. Councilor Rundle seconded. Councilor
Walker and Ms. Lamb discussed how the ordinance would affect families in which a spouse was
employed by someone other than the City. At the request of Councilor Carter, Utilities Accountant Carol
McManama stated the savings for an employee benefiting from this ordinance could be $50,000. Ms.
Lamb stated that 11 people would be affected immediately if the council approved this ordinance.
Ordinance D-1377-98 was carried over to the next meeting.
Councilor Battreall moved to introduce Ordinance D-1378-98. Councilor Carter seconded. Ordinance D-
1378-98 was carried over to the next meeting.
Councilor Walker moved to approve Resolution CC-08-03-98-01. a resolution approving pa_vment of
construction costs for Hazel Dell Parkway ($548.814.86). Councilor Snyder seconded. Resolution CC-
08-03-98-01 was approved 6-0.
ADD-ON ITEM: Mayor Brainard asked for a motion to add the following item from Fire Chief
Douglas Callahan to the agenda: Request for Permission Jo Use Funds from the EMS/Fire Capital Fund
to pay for two squad vehicles. Councilor Battreall moved to add the item to the agenda. Councilor
Walker seconded. Councilor Rundle asked whether this request should be in the form of an ordinance
instead ora letter. Mayor Brainard stated that the EMS Fund was not taxpayer money, and the fire
department did not need an additional appropriation ordinance to use money from it. Councilor Battreall
stated that this kind of transaction was more ora transfer of funds even though the word appropriation
was used to describe it. Councilor Walker called for the question. The council voted 6-0 to add the item
to the agenda.
Councilor Walker moved to introduce the item. Councilor Battreall seconded. Chief Callahan explained
that he needed to have this request added to this meeting's agenda because at this Wednesday's Board of
Public Works and Safety meeting, the board had to award or reject the bids for the two rescue squads,
which had already been rebid once. He stated that both times the squads were bid, the bids received were
more than the amount appropriated for them. The chief stated that the same three companies had bid on
the squads both times. He explained the bids were lower this time because the fire department had
lowered its specifications for the squads, but they were still greater than the appropriated amount.
Chief Callahan stated that in March he had asked the council for $530,000 plus the trade-in of the two
squads he was trying to replace. The council decided to appropriate $430,000 and see how much money
the fire department could get for trading in the squads. He explained that trying to trade in the squads
didn't work too well. The chief stated he was asking the amount to be increased $200,000 to $630,000,
plus an additional $15,000 to purchase manual defibrillators and ALS equipment for Ambulance No. 4.
He explained this would make the fourth fire station in Clay Township to have paramedic service. Chief
Callahan stated that revenues go into the EMS Fund at about $20,000 - $25,000 per month. The mayor
verified the fund received about $240,000 to $250,000 per year. Chief Callahan stated this was correct.
The chief stated he was expecting to receive an additional $70,000 - $80,000 at the end of the year from
Hamilton County because the Carmel Fire Department provided its own EMS service. The mayor
verified that this appropriation, all monthly revenue and the year-end deposit from the County, should
result in about $220,000 at the end of the year. Councilor Battreall asked if the chief would be able to
cover all budget expenditures after spending this money. Chief Callahan stated this would not be a
problem.
Councilor Snyder asked the chief how the estimated cost ofthe rescue squad was offby $1 million. He
stated that trying to trade in the squads was a mistake, and that he should have tried to sell them outfight.
The mayor asked the fire chief if rejecting the bids and rebidding the squads without the trade-ins could
save the City money. The chief said that it could. The council agreed the chief needed to look into
selling the vehicles outfight. Councilor Carter stated he did not like handling this issue at the last minute
and that due diligence should have been done. He stated that the fire department needed to be careful
about lowering the specifications of the squads just to lower the prices. Councilor Carter moved to table
the item until the next meeting. Councilor Miller seconded. Councilor Walker stated the fire department
should get the equipment it needed. The request was tabled 5-1. Councilor walker voted no.
The meeting was adjourned after the execution of documents at 9 p.m.
Attest:
Clerk-Treasurer Diana L. Cor~ra~. ~AMC
Approved,
Cky of Carmel
Fire Department Headquarters
2 CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2600
August 3, 1998
Mayor ,lames Brainard
Carmel City Council
1 Carmel Civic Square
Carmel, Indiana 46032
RE: Permission to use Funds from the EMS and Fire Capital Fund
Honorable Officials:
In March of this year, I came to you requesting your permission to use funds from the Paramedic,
Emergency Ambulance and Fire Service Capital Fund for the purchase of two (2) new replacement
Rescue/Squads in the amount of $430,000.00 including trade-ins.
Since that time, I have placed the project out to bid twice. Once on May 6th, in which all were
rejected due to the lowest bidder being $260,000.00 higher than the amount appropriated.
The second process was on June 17th after several changes were made from the p?evious
specifications to help reduce the cost of the project. The total still came back $200,000.00 over the
amount appropriated. Therefore, I am requesting your permission to increase the appropriation by
$200,000.00.
Currently the Capital Fund has a balance of $651,650.00;which will more than cover the cost of the
two (2) vehicles. If approved, the bid will be awarded on Wednesday, August 5t~ at the Board of
Public Works and Safety meeting with both vehicles being delivered in the spring of 1999.
In addition, I would also request your approval to purchase from this Fund a manual defibrillator
and Advanced Life Support equipment in the amount of $15,000.00 for Ambulance 4. This will
allow four of the five fire stations within the City and Township to be manned with ALS Equipment.
Respectfully submitted,
Fire Chief
DC/dwb
Fire Prevention Save: Lives and Property