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HomeMy WebLinkAboutCCM-07-06-98City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JULY 6, 1998 --7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. I0. 11. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. June 15, 1998, Regular Meeting b. June 18, 1998, Special Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL a. 146th Street Design Presentation; James Neal, Project Manager for Hamilton County Highway Department b. Explanation and Discussion of Time Warner Cable Service Rates; Jay Satterfield, Division President for Time Warner Cable COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS Payroll · General Claims · Retirement COMMITTEE REPORTS OLD BUSINESS PUBLIC HEARING a. First Reading Ordinance Z-326/Amendment to Ordinance Z-325 (US 421 Overlay Zone); Paul Spranger, President of Carmel Clay Plan Commission *published in The Daily Ledger on June 23, 1998 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 12. 13. 14. 15. NEW BUSINESS First Reading Ordinance D-1371-98/Amendment to Section 6-97 of the Cannel City Code (Dogs and Cats At Large); Mayor James Brainard First Reading Ordinance D-1372-98/Amendrnent 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 First Reading Ordinance D-1373-98/Amendment to Section 2-105 o the Carmel City Code (Petty Cash Fund for the Engineering Department); Kate Boyle, City Engineer Resolution CC-07-06-98-01/Resolution Approving Payment of Construction Costs for Hazel Dell Parkway ($613,395.70); Kate Boyle, City Engineer Resolution CC-07-06-98-02/Authorization of the Clerk-Treasurer to Pay in Advance of Council Allowance Land Acquisition Claims for Hazel Dell, Pennsylvania and 126th Street Projects; Clerk-Treasurer Diana L. Cordray OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JULY 6, 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, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerk Rebecca Martin also attended. Councilor Kirby arrived after the vote on the minutes. Mayor Brainard called the meeting to order at 7:03 p.m. Councilor Miller paid tribute to the late Former Mayor Ted Johnson and prayed the Lord's prayer as the invocation. Mayor Bralnard led the Pledge of Allegiance. APPROVAL OF MINUTES: Councilor Battreall moved to approve the minutes of the June 15, 1998, regular meeting, and the June 18, 1998, special meeting. Councilor Walker seconded. Councilor Rundle pointed out that the June 18 m'mutes recorded the vote on Resolution CC-06-18-98-01 as 6-0 when only four councilors were hsted as present at the meeting. Councilor Rundle moved to amend the vote from 6-0 to 4-0. Councilor Walker seconded. The June 15 minutes and the June 18 minutes, as amended, were approved 5-0. Councilor Carter abstained from the vote because he did not attend the meetings of June 15 and June 18, 1998. Mayor Brainard stated that at this time the council would call on citizens who wished to speak to the council instead of hearing the presentations listed on the agenda. He explained that one of the presenters was still setting up his equipment. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Sally Nyhart Peeler, 1136 Hialea Court, stated she and others opposed to the Monon trail did not lobby or protest at recent court proceeding in Noblesville. Ms. Peeler also stated she was concerned because plans for the Monon trail were completed and that citizens had not been able to review them. Mayor Brainard stated that the plans were available at the Parks Department for the public to review. Ms. Peeler stated that she had not been able to see the plans at the Parks Department. Jim Garretson, 55 York Drive, remembered Former Mayor Ted Johnson, his characteristics and accomplishments. Councilor Rundle asked that Mr. Garretson's speech be attached to the minutes (Exhibit A). The mayor asked if James Neal from the Hamilton County Highway Department was ready to make his presentation. He was not. Mayor Bralnard stated he had two Request to Speak Cards completed by citizens who wished to address the cable television rate increase. The mayor recommended the council permit Jay Satterfield, division president for Time Warner Cable, to speak and then allow citizens to ask questions or make comments. Mayor Brainard announced all the members of the Cable TV Advisory that were present: Councilor Battreall (former committee member), Philomena Squire, Jack Beery and Terry Brookie. Explanation and Discussion of Time Warner Cable Service Rates: Mr. Satterfleld explained the laws affecting thc cable television industry and talked about the main points of the Time Warner Social Contract (Exhibit B). He defanded why the company increased its 1998 rates to the maximum permitted rates and explained the breakdown of company costs (Exhibit C). Mayor Brainard asked his secretary to photocopy the handout Mr. Satterfield had given the council so audience members could review it. Councilor Rundle asked why the cable company had not increased prices in the past two years, but decided to take the maximum increase this year. Mr. Satterfield stated that instead of taking increases every year, the company chose to take the yearly increases all at once. Councilor Walker asked to see the company's profit per year. Mr. Satterfield stated that Time Warner could not accurately show its profit. Councilor Carter stated he was bothered that Time Warner seemed to be hiding behind utility regulations yet operating in a free market environment. He stated it was almost an unregulated monopoly. Councilor Battreall stated he still did not understand how the cable company could justify taking the 1998 increase from the past few years. He asked Mr. Satterfield if the company took increases just because it could. Mr. Satterfield stated Time Warner was not embarrassed to take the extra money for the services the company provided its customers. Councilor Kirby stated he did not see the cable company as a criminal, and that consumers had the right to pay the amount the company was charging or not buy the product. Mayor Brainard opened the floor for public comment. Bill Whitley, 10923 Songbird Lane, stated he was confused about the additional services consumers were receiving. Alan Klineman, 398 Ventana Court, spoke for a moment about Former Mayor Johnson. Mr. K_lineman then discussed the rate increase. He explained he had received information from the cable company stating he would be receiving "new" channels which he already was receiving and that his current basic channels were going to be decreased. Mr. Klineman asked for clarification. Siegmar Simon, 496 Hawthorne Drive, stated he was against the rate increase. Jim Preston. Carmel resident, stated the council needed more information on Time Wamer's bottom line before deciding anything. Darrell Balshon, 1180 Lyndon Lane, agreed the City needed more information on Time Wamer's profits and stated the company's customer service was not good. Councilor Rundle and Mr. Satterfield discussed how much the cable company could increase its rates per year. Mike Dunadt, Carmel resident, stated he was not pleased with the changes Time Warner made to services or cost because the company no longer complied with the original contract to which consumers had agreed when they purchased their cable. Lisa Weber, Carmel resident, suggested bringing another cable company to Carmel to spur competition and asked Mr. Satterfield if Time Warner could offer the channels on an a la carte basis. Mr. Satterfield responded to citizens, explaining that Time Warner had improved its services. He explained the company could not show a profit specifically from the City of Cannel because the company did not record income by city. He also explained that the company could not allow customers to pick and choose only those channels they wanted because some networks wouldn't allow it. Terry Brookie, chairman of the Cable Television Advisory Committee, stated the committee did not have any reports that showed how much profit Time Warner made. He stated that all records the City maintained from the committee should be in the Clerk-Treasurer's Office. Councilor Rundle and Mr. Satterfield discussed the term "CPST". Mayor Brainard thanked everyone for attending and speaking at the meeting. The mayor called for a recess at 8:35 p.m. The council reconvened at 8:43 p.m. Mr. Brookie stated that the City did not have control over setting any component of rate structure. He explained the only way the City could affect rates was by appealing to the FCC. Councilor Carter asked how the City could know that the rates Time Warner was charging were fair. Mr. Brookie explained the only way to determine this was to appeal and get a judgment from the FCC which would be a very expensive process. Councilor Carter and Mr. Satterfield discussed how Time Warner chose what cities in which to sell cable. Mr. Satterfield explained these decisions were made at the corporate office. Councilor Miller asked if pricing was the same for other cities served by Time Warner. Mr. Satterfield stated that it was not the same because different cities started at different rates. Councilor Battreall explained it was now the council's decision whether to issue a complaint with the FCC. He stated this would be very expensive and that the FCC demanded much evidence to rule in favor of the complainant. Councilor Battreall stated there was no reason to bring another cable company to Carmel to compete with Time Warner, because other cable companies charged the same amount or more. Councilors discussed equipping the city with a satellite dish system as opposed to cable. 146th Street Design Presentation: Mr. Neal of the Hamilton County Highway Department presented information about the proposed 146th Street improvements. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $185,249.71, $5,236.65, $71,800.31 and $1,764,977.02. Councilor Walker seconded. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Miller recommended a consultant, NetCom Group of Fishers, to help the City improve its computer systems. Clerk-Treasurer Cordray passed out encumbrance reports to council members. Councilor Kirby asked if councilors would be getting read-only access to the budgets on their computer. Councilor Battreall stated he had received a letter from the Town of Westfield explaining its plan to voluntarily annex land within three miles of Carmel. Councilor Battreall explained the town manager had written this letter of intent to comply with one of Carmel's resolutions. PUBLIC HEARING: Councilor Carter moved to introduce Ordinance Z-326, an amendment to Ordinance Z-325 (US 421 Overlay Zone) and waive its reading. Councilor Walker seconded. Mayor Brainard opened the public hearing at 9:41 p.m. Seeing no one/5om the public who wished to speak, the mayor closed the public hearing at the same time. Councilor Walker stated he appreciated receiving the red line copy of what the ordinance would read if the amendment was approved. Ordinance Z-326 was carried over to the next meeting. NEW BUSINESS: Mayor Brainard announced the following two ordinances: Ordinance D-1371-98. amendment to Section 6~97 of the Carmel Ci_ty Code (Dogs and Cats At Large) and Ordinance D-1372-98. amendment to Section 4-29 (Vicious Animals) and Sections 6-130 to 138 (Vicious Dog Regulations): and addition of Section 6-99 (General Animal Care) of the Carmel Ci.ty Code. He explained the council would need to pass only one of the ordinances, not both. Councilor B attreall moved to introduce Ordinance D-1372-98. Councilor Rundle seconded. Councilor Snyder asked if all animals that were not currently licensed as required by county, state or federal law, would be declared vicious according to Ordinance D-1372-98. Councilor Battreall said this was correct. Councilor Carter stated that this ordinance would make about 80 percent of the dogs and cats in Carmel vicious animals. Councilor Battreall explained that the intent of the ordinance was to enable the City to enforce the licensing laws akeady existing at the county, state and federal levels. Councilor Kirby explained that the county law was an antiquated law requiring dogs to be licensed so farm owners could receive compensation from the county assessor if a dog attacked one of their farm animals. He stated that state law also required some animals to be registered. Councilors discussed the feasibility of getting $100,000 of insurance coverage versus $1 million for a vicious animal. Ordinance D-1372-98 was carried over to the next meeting. Councilor Kirby directed the city attorney to research what animals were required to be licensed by county, state and federal law. Councilor Walker moved to introduce Ordinance D-1373-98. an amendment to Section 2-105 of the Carmel City Code (Petty Cash Fund for the Engineering Department). Councilor Snyder seconded. Ordinance D-1373-98 was carded over to the next meeting. Councilor Carter clarified that Ordinance D-1371-98 had not been introduced. Councilor Carter moved to introduce Ordinance D-1371-98. Councilor Miller seconded. Councilor Rundle stated that this ordinance repeated part of the changes that would be made if D-1372-98 was approved. Mayor Brainard agreed. Ordinance D-1371-98 was carded over to the next meeting. Councilor Miller introduced Resolution (~C-07-06-98-01. a resolution approving pa.vment of construction costs for Hazel Dell Parkway ($613.395.70). Councilor Snyder seconded. Resolution CC- 07-06-98-01 was an~roved 7-0. Mayor Bralnard announced Resolution CC-07-06-98-02. a resolution authorizing the Clerk-Treasurer to Pay in Adyance of Council Allowance Land Acquisition Claims for Hazel Dell Parkway, Pennsylvania Avenue and 126th Street Pro_iects. He explained that this ordinance, requested by the Clerk-Treasurer, would enable the City to write checks promptly for land it would be purchasing for these development projects. Councilor Walker moved to approve the resolution. Councilor Miller seconded. Resolution CC- 07-06-98-02 was approved 7-0. Several councilors made announcements Councilor Rundle moved to adjourn the meeting at 10:01 p.m. after the council signed documents. Councilor Kirby seconded. The meeting was adjourned at 10:20 p.m. Clerk-Treasurer Diana L. Core, y, IAMC ~yor Jam~es Brainar~ Attes~ Clerk-Treasurer DianaL~Co~~~ C Ted Johnson eulogy Ted Johnson 1934-1998 Our community will miss Ted Johnson. But beyond Carmel, Clay Township and Hamilton County, hundreds of families will miss him in Liberia and in the Brightwood area of Indianapolis. For above all, Ted Johnson was a community man. He believed in community. He loved to see people together in work, in recreation, in celebration. Ted is the first former Carmel mayor to pass from this life. To Ted, community service was neither a burden, nor a powe~ trip, but rather an obligation. For the eight years we served together on the City Council he fought against pay increases for council members, because he felt civic calling on a part time basis should not be heavily remunerated. Ted was full of life. He traveled the world. He supervised construction projects in Vietnam during the war. He visited and worked in much of Asia. He was a man of deep and intense feelings. He felt the emotion of love intensely. That love could be personal as in his wife, family and friends, and it could be more abstract as in our community or our nation. A transplanted Buckeye from Columbus, Ohio, he never lost his enthusiasm for Ohio State athletics, yet his loyalties to Indiana institutions could never be questioned. Wherever he went, he adapted Ted Johnson eulogy quickly. Ted was a Hoosier, spending 27 of his 63 years here. A majority of his married life was spent in Carmel. All of his children were educated in Carmel Clay Schools. ~"J~ 1976, Ted began attending City Council meetings just to become informed. He rarely spoke, but we learned to know him by his presence and his asking questions following the meetings as we shared a drink at Steckley's Old House. In 1979, having done his homework for two years, he ran for the Council and ~von, defeating an incumbent. He was elected again in 1983 and 1987. He served on the council for ten years. He quit in frustration in 1989 because he felt city government was not progressing in the fashion he felt necessary and that his effectiveness was being stifled by lethergy. He took time off, recharged his batteries, and came back in 1991 to win a hard fought campaign for mayor of the city. His administration was full of accomplishments. There are two basic types of candidates for office. Those who run because they want to do something, and those who run because they want to be something. Ted was the former. Ted did his best. Among those accomplishments the city now enjoys in which Ted played a major role during his 14+ years of public service are 1. the location of Civil Square 2. the decision to develop the square in Georgian architecture 3. the planning of Civil Square and much of its construction Ted Johnson eulogy 4. the decision to widen Rangeline Road 5. the decision to widen 116th Street 6. planning a four lane boulevard replacing and extending Hazel Del Road 7. the widening of 96th street 8. the building of a bridge over White River at 96th Street 9. expansion of the city's sanitary sewer system 10. replacing old-town Carmel's storm sewer system 11. expansion of the city's Water system and opening of a new treatment facility on 126th St. 12. planning for the expansion of 126th St. from Rangeline to Meridian 13. repavement of almost every mile of road in Carmel 14. strict sign ordinances to prevent Carmel business areas from looking like Keystone Ave. in the Glendale area. 15. expansion of the fire department with two new stations and dozens of fire personnel 16. expansion of the EMT program in the Fire Department and the introduction of Paramedics in Carmel Clay 17. expansion of the police department 18. ~upporting the introduction and expansion of computers in the city government 19. the building of the Minnie Doane Gazebo. 20. the beautification of downtown Carmel with old street lights, and rebuilding of sidewalks and the intersection of Main and Rangeline 21. negotiating a cable television contract with local companies 3 Ted Johnson eulogy that became a prototype for other communities and which has brought hundreds of thousands of dollars to the public coffers 22. the widening and improvement of Main Street by the high school and library 23. the improvement of the intersection of Grey Road and 116th Street There are many more. He worked well with Mayor Goldsmith of Indianapolis and with business leaders within the community to attract more business to our city. While many struggle with the ongoing conflict between community interest and private self interests, Ted found a balance. He was a successful businessman who always put community first. I believe the personal trait I liked most in Ted goes back to our early days on the Council. Ted could disagree with someone over issues and argue vociferously for his point of view without personalizing the disagreement. In those many years we served together and later, he could do battle with colleagues in Council debate, then adjourn, retreat to Steckley's and later, Muldoon's, and enjoy opponents' company. In recent years he lamented that one of the problems plaguing current public officials at all levels is the inclination of many to personalize disagreements over policy. Finally, and regretfully, I mention two events that brought embarrassment and anguish to Ted in the past three years. The latest Ted Johnson eulogy dealt with the city's settlement of a racial discrimination suit against the Carmel Police Department. In statements made at the time of the settlement, using one local business as an example, there was the suggestion that the Johnson administration condoned a police policy of stopping African Americans driving at night in our city. While I personally believe that for many years African Americans were stopped disproportionately at night by our police department for whatever reason, there is no way that Ted Johnson condoned such a policy. Anyone who knew of Ted's commitment to missionary work in Liberia or of his hundreds of hours of volunteer work in the Brightwood area of Indianapolis could in their wildest imagination believe there was a racist bone in Ted's body. Secondly, and more seriously, were charges made against Ted by the County Prosecutor that he had profited from work on the city's water expansion project. Again, nothing could be further from the truth. He made a legal mistake. That mistake was that he failed to sign a "conflict of interest" form during the project. He had no advanced knowledge that one of the venders in the project would subcontract part of the work to a firm in Peoria, Illinois in which Ted held ownership. I might add that Ted received no profit or pay from any of that work, if there was any profit. In the end he pleaded guilty to avoid protracted legal costs and to take a slap on the wrist from a very understanding judge. I am afraid there are those who will always believe he was a crook. Ted was not a crook. Ted never personally profited from his years of public service to the city. Ted Johnson eulogy In the end, Ted left us a happy man. His accomplishments have been recited in the media during the past week, especially in an article by John Flora in the Indianapolis Star. He appeared happy not being in the gold fish bowl of public scrutiny. He continued to work, to enjoy his family and to be involved in his church, missionary work and volunteer efforts. More than any human being I have known Ted Johnson was the role model, the ideal for what a public servant and a human being should be-- honest, sincere, devoted to family', to community and dedicated to his fellow man. James D. Garretson 55 York Drive Carmel, Indiana Time Warner Cable - Indianapolis Division Social Contract Overview · The Social Contract is for a term of 5 years. · From 1995 through 2000, Timer Warner is required to invest $4 billion to rebuild and upgrade all of its domestic cable systems. Rebuilds and upgrades are to include the deployment of fiber optic technology, increased channel capacity and improved system reliability and signal quality. To fund this investment Time Warner will be allowed to increase the monthly rate for CPST in each system by $1.00 during each year of the Social Contract. Time Warner will offer a free cable connection to all of the public schools located in the franchise areas where Time Warner provides cable service and that are passed by its systems. Time Warner will offer its high speed internet access service to each connected school in areas in which the service is generally offered, free of charge, during the school year. The Social Contract will permit a rate structure that will allow Time Warner to focus on its long-term strategic planning and growth, having resolved its outstanding rate complaints. Local franchising authorities will retain their right to regulate rates for basic service, their right to negotiate upgrades and other benefits for their individual franchises, and their ability to comment and participate on any changes in this Social Contract that would affect their localities. The Social Contract ensures that the rights of local franchise authorities and subscribers to seek redress at the Commission will be preserved. Price Price Per Channel 0 Z Z m Time Warner Cable - IndianaPolis Division Operating Improvements Outage hours have been reduced by 10% in 1996, 15% in 1997 and 11% through 6 months ending June 30, 1998. Service calls as a percentage of customers have been reduced from approximately 3% to 1.5% for 6 months ending June 30, 1998. Service calls are now scheduled in 2-hour windows seven days a week. · 98% of all service calls are completed within 36 hours. Inbound telephone coverage has gone from Monday-Friday 7:45 a.m. - 9:00 p.m. and Saturday and Sunday 8:00 a.m. - 5:00 p.m. to 24 hours a day, seven days a week. On Time Guarantees (OTG) have been improved to include outage restoration and billing statement corrections, and the guarantee amount has been increased from $20 to $25. Four new programming services have been added - Fox News, History Channel, Animal Planet and The Learning Channel. Additionally, Prime Sports was upgraded to Fox Sports Midwest with the Indiana Pacers. ~0 0 Average % of Customers Requesting a Service Call C:) C3 C:~ C) Time Warner Cable - Indianapolis Division Social Contract Overview The Social Contract is for a term of 5 years. From 1995 through 2000, Timer Warner is required to invest $4 billion to rebuild and upgrade all of its domestic cable systems. Rebuilds and upgrades are to include the deployment of fiber optic technology, increased channel capacity and improved system reliability and signal quality. To'fund this investment Time Warner will be allowed to increase the monthly rate for CPST in each system by $1.00 during each year of the Social Contract. Time Warner will offer a free cable connection to all of the public schools located in the franchise areas where Time Warner provides cable service and that are Passed by its systems. Time Warner will offer its high speed internet access service to each connected school in areas in which the service is generally offered, free of charge, during the school year. The Social Contract will permit a rate structure that will allow Time Warner to focus on its long-term strategic planning and growth, having resolved its outstanding rate complaints. Local franchising authorities will retain their right to regulate rates for basic service, their right to negotiate upgrades and other benefits for their individual franchises, and their ability to comment and participate on any changes in this Social Contract that would affect their localities. The Social Contract ensures that the rights of local franchise authorities and subscribers to seek redress at the Commission will be preserved. Z 0 Ill Z Z Ill 0 0 laUUe40 Jad ~O[Jd 0 0 0 Time Warner Cable - IndianaPolis Division Operating Improvements Outage hours have been reduced by 10% in 1996, 15% in 1997 and 11% through 6 months ending June 30, 1998. Service calls as a percentage of customers have been reduced from approximately 3% to 1.5% for 6 months ending June 30, 1998. Service calls are now scheduled in 2-hour windows seven days a week. 98% of all service calls are completed within 36 hours. Inbound telephone coverage has gone from Monday-Friday 7:45 a.m. - 9:00 p.m. and Saturday and Sunday 8:00 a.m. - 5:00 p.m. to 24 hours a day, seven days a week. On Time Guarantees (OTG) have been improved to include outage restoration and billing statement corrections, and the guarantee amount has been increased from $20 to $25. Four new programming services have been added - Fox News, History Channel, Animal Planet and The Learning Channel. Additionally, Prime Sports was upgraded to Fox Sports Midwest with the Indiana Pacers. 0 lieS) eol~ues e 6u~lsanbe~ sJe~uolsno jo % 96~Je^V'