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HomeMy WebLinkAboutCCM-06-01-98City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JUNE 1, 1998 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 5. 6. 7. 9. 10. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES a. Presentation of Accreditation Award to Clerk-Treasurer Diana L. Cordray: Marilyn K. Chittick, CMC, City of Frankfort Clerk-Treasurer and Past President of the Indiana League of Municipal Clerks and Treasurers b. Presentation of Employee Excellence Award; Mayor James Brainard c. Proclamation of Wild Birds Unlimited. Inc. Day; Mayor James Brainard APPROVAL OF MINUTES RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL ACTION OF MAYORAL VETOES CLAIMS · Payroll · General Claims' * Retirement COMMITTEE REPORTS OLD BUSINESS PUBLIC HEARING a. Second Reading Ordinance D-1365-98/Additional Appropriations*; Mayor James Brainard published in The Daily Ledger May 15, 1998 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/57D2400 11. 12. NEW BUSINESS · a. First Readin? Ordinance D-1367~98/Establishing Purchasing Agencies and Adding Semion 2-131 to the Carmel City Code; Clerk-Treasurer Diana L Cordmy b. First Readin_~ Ordinance D-1368-9~l/Amendment to Sections 3-18 and 3-I9(¢) of the Carmel City Code (Amendment to Council Agenda Format); Council President Robert Bat=eaU c. First Readin? Ordinance D-1369=9~/Amendment to Sections 3-18 and 3-19(¢) of the Carmel City Code (Amendment to Council Agenda Format); Mayor fames Brainard d. Resolution CC-06-01-98-01/Resolution AuthoriMng ~oinder of the City in the Northeast Con-idor MIS Task Force and Execution of an Interlocal Funding Agreement; Mayor fames Brainard OTI~R 13. 14. Ca~it~ Cio: (I16a SC $I60,000 - #600 S~00,000 - ~09 (0~ C~ ~-~) $80,000 - ~0.02 (Web Barr~ r~w I~.volvi~ $ S tOO,Q00' CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JUNE 1, 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. Mayor Brainard called the meeting to order at 7:03 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Presentation of Accreditation Award to Clerk-Treasurer Diana L. Cordray: Marilyn K. Chittick, CMC, City of Frankfort Clerk-Treasurer and past president of the Indiana League of Municipal Clerks and Treasurers explained the roles and responsibilities of clerk-treasurers and commended Clerk-Treasurer Diana Cordray for her service as Carmel Clerk-Treasurer. Ms. Chittick presented Ms. Cordray with the Accredited Municipal Clerk Certification, noting that she was the first Carmel Clerk-Treasurer to receive such achievement. Presentation of g. mployee Excellence Award to Sgt. David Stronm Mayor Brainard recognized Sgt. Strong for responding to an armed robbery on April 13, 1998, while off-duty. Sgt. Strong responded to the call at the credit union, was shot at by the suspects and helped pursue them to the northeast side of Indianapolis. Proclamation of Wild Birds Unlimited. Inc. Day: Mayor Brainard called forward Reny Williams, Human Resoumes director for Wild Birds Unlimited, and proclaimed June 5, 1998, Wild Birds Unlimited, Inc. Employee Appreciation Day. APPROVAL OF MINUTES: Councilor Battreall stated the May 18, 1998, minutes would be ready for approval at the next meeting. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Rick McKinney, Carmel resident and Hamilton County Council member, aunounced several items of interest and stated he was not in favor of the council's proposed ordinances to limit the length of time citizens could address the council. Joe Fuller. 11935 Forest Drive, asked the council to consider appropriating money to hire a consultant who could offer methods to reduce the number of yellow jackets in the Carmel area. Dick Frost, 507 Stonehedge Drive, criticized the City and stated he was against the ordinances to limit the length of time citizens could speak to the council. Three other citizens who filled out Request to Speak Cards stated the~ would wait until the public hearing to address the council. CLAIMS: Councilor Snyder moved to approve claims in the amount of $187,913. Councilor Rundle added claims in the amount of $1,012,287.95 to Councilor Snyder's motion. Councilor Walker seconded. The council voted 7-0 to approve claims. COMMITTEE REPORTS: No committee reports were presented. P~UBLIC~: Mayor Brainard opened the public hearing for Ordinance D-1365-98. an ordinance making several additional appropriations (See Page 2 of agenda for amounts and funds) at 7:33 p.m. Mary_ Myk.vta, 49 Granite Court, stated she was against Ordinance D-1365-98 (Exhibit A). Darrell Johnson, Cool Creek Neighborhood Association, asked for support of the $200,000 appropriation for the Barrett Law Revolving Improvement Fund. Run Jobe, 5043 St. Charles Place, stated he was opposed to appropriating money for the Barrett Law Revolving Improvement Fund. Leo Dierckman, Brookshire Homeowners' Association, stated he was in favor of the Barrett Law Revolving Improvement Fund. Darrell Johnson, fmther explained why he was in favor of the Barrett Law Revolving Improvement Fund. Hearing no one else from the public who wished to speak, the mayor closed the public hearing at 7:47 p.m. Councilor Battreall read the city attorney's opinion on the Barrett Law Revolving Improvement Fund (Exhibit B). Councilor Kirby asked the mayor to tum the meeting over to Council President Battreall for discussion of this ordinance. Mayor Brainard did as requested. Councilor Battreall asked the mayor to explain each of the proposed appropriations included in Ordinance D-1365- 98. Mayor Brainard first stated that the City would be proposing an 8 percent drop in the city tax rate for next year. The mayor explained that most of the money being appropriated by this ordinance was being appropriated from cumulative funds, not the General Fund. Councilor Kirby stated that the $1.94 million requested to be appropriated for 116th Street improvements could be put in the 1999 budget, because the City probably wouldn't have time to finish the street during this construction season anyway. Councilor Snyder stated she wanted to look at each appropriation included in the ordinance individually. She verified the council could amend the ordinance. Councilor Kirby made comments about each appropriation included in the ordinance. He stated the following appropriations should not be approved at the meeting: money for the 1998 Citizens Sidewalk Committee, 106th Street and Gray Road sidewalk money, money for speed humps, money for Traffic Light Improvements and money for the Barrett Law Revolving Improvement Fund. Councilor Kirby stated he would support appropriating money for the Gray Road Bridge sidewalk, additional paving without the speed humps, Promotional and Special Printing and Web Page Maintenance, Sewer Improvements, Geographical Information System (GIS) and Land Acquisition. Councilor Rundle asked if the council could take one item of the ordinance at a time, instead of taking the ordinance one councilor at a time. Councilor Kirby agreed with Councilor Rundle, but stated the council needed to be aware of the total amount it was appropriating after making changes. Councilor Snyder stated she was displeased to see so many different kinds of appropriations grouped together in one ordinance. She explained she had experienced much difficulty getting answers to her questions about this ordinance during the past two weeks, and that she wanted to send each homeowners' association a copy of the legal opinion on the Barrett Law (Exhibit B). 116th Street Area Improvements: Councilor Snyder stated that she would only go along with appropriating money to acquire land for 116th Street once homeowners had been notified of the project. William Graco, 1811 E. 116th Street, an audience member, stated that homeowners had not been notified of plans to expand 116th Street. Councilor Carter verified with Mr. Graco which house he owned. Councilor Miller stated the council should talk about the project during budgeting. Councilor Rundte stated that some of the appropriations requested in this ordinance were necessary because the City was trying to manage growth and play catch-up at the same time. Councilor Rundle complimented the mayor on his strategic approach. Councilor Rundle stated that appropriating money to acquire land before the project was designed would give the administration too much control. He stated that the council probably wouldn't turn down a request once the engineering and design had been completed. Councilor Kirby suggested the council limit the appropriation to $300,000 for engineering services for the project. He stated that he didn't think doing additional appropriations for high- profile projects was a bad idea because they solicited public input, as opposed to projects getting lost in the budgeting process. Councilor Kirby moved to reduce the appropriation for the 116th Street Area Improvements from $2,400,000 to $300,000, deleting $1,940,000 to Line Item #625.05 and $160,000 to Line Item #600. Councilor Snyder seconded. Councilor Carter stated he wanted to see Merchants Square opened before beginning constrnetion on 116th Street. Councilor Walker stated that the money being discussed for the appropriation was not money that would come from increased taxes, but was money the City had accumulated in various funds. Clerk-Treasurer Cordray stated that the money the council was talking about appropriating had not yet been distributed to the City. Councilors Walker and Rundle discussed the appropriation further. Councilor Rundle called for the question. The council voted 6-1 to make the total appropriation for the 116th Street Area Improvements listed in the ordinance as follows: $300.000 from the Cumulative Capital Development Fund to Line Item #509. Other Contracted Services. Councilor Walker voted no. Mayor Brainard called for a recess at 8:38 p.m. The council reconvened at 8:49 p.m. 1998 Citizens Sidewalk Committee: Mayor Brainard explained the money requested to be appropriated into the Sidewalk Improvements Fund Line Item #622 for the 1998 Citizens Sidewalk Committee was supposed to be in the 1998 budget, but was overlooked. Councilor Miller stated he was in favor of this appropriation. Councilor Walker stated he was in favor of the appropriation and that he hoped older neighborhoods that had never had sidewalks could get them. Mayor Brainard stated this appropriation would not fund new sidewalks, but that the proposed Barrett Law Fund could. Councilor Walker moved to approve this appropriation conditional on receiving committee recommendations by July 1, 1998. Mayor Brainard explained that money could not be appropriated conditionally. Councilor Kirby verified there was money in the 1999 budget for the sidewalk committee. 106th Street/Gray Road Sidewalk: Mayor Brainard explained that the plans were finished and the bid package was ready for the construction of sidewalks on 106th Street and Gray Road by Carmelot Park. He stated everything could be completed in 60 days. Councilor Carter stated this was an important project so families and children could get to Carmelot park without having to travel on busy roads. Gray Road Bridge Sidewalk: Councilor Rundle stated that the money requested to be appropriated for the Gray Road bridge sidewalk was to add sidewalks to a bridge the county wanted to rebuild this year. Councilor Kirby stated this appropriation should be approved. Additional Paving Program (Includes Speed Humps): Mayor Brainard explained that $130,000 of the $140,000 proposed appropriation for the additional paving program was requested by Street Commissioner David Klingensmith. Mayor Brainard explained the money would be used to repave 131 st Street, which was deteriorating faster than Mr. Klingensmith expected. The mayor stated that $10,000 of the appropriation was for experimental speed humps on several streets. Councilor Battreall moved to reduce the amount appropriated from $140,000 to $130,000. Councilor Snyder seconded. Councilors discussed whether speed humps would be successful speed control devices. The motion to reduce the appropriation from $140.000 to $130.000 from Local Roads and Streets to Line Item #502 Contracted Street Paving was approved 5-2. Councilors Rundle and Carter voted no. City Newsletter, City Services Directory and Web Site Maintenance: Mayor Brainard explained the breakdown of the $100,000 requested for the City newsletter, City services directory and web site maintenance: $3,000 for web site maintenance, $17,000 for web site expansion, $30,000 for the City services directory; and $50,000 for the newsletter. Councilor Miller stated he was in favor of the appropriation. Councilor Rundle stated the newsletter was a duplication of services provided by the news media. Councilor Rundle moved to delete the $50,000 for the newsletter from the appropriation. Councilor Kirby seconded. Councilors discussed the value of the City newsletter. The council voted 3-4 to delete $50.000 for the newsletter from the appropriation. The motion failed. Councilors Snyder, Kirby and Rundle voted in favor of deleting the money. Councilors Miller, Battreall, Carter and Walker voted against deleting the money. Fourth and Main Streets Intersection Area Improvements: Mayor Brainard explained that thc money requested to improve the Fourth and Main streets intersection would provide for a traditional signalized intersection. He stated that this project needed to be completed while children were out of school. Councilor Kirby stated he didn't think this project could be finished in the 1998 construction season and should be held until the 1999 budget. Mayor Brainard stated he believed thc project could be finished quickly. Councilors discussed the intersection. 126th Street Storm Sewer Improvements: Councilor Battreall stated the storm sewer improvements to 126th Street needed to be done immediately. Barrett Law Revolving Improvement Fund: Councilor Snyder stated she wanted this item tabled until the next meeting so she could have time to send the city attorney's position paper to all the homeowners' associations. Mayor Brainard stated that even though the Barrett Law allows for some improvements to be approved with only 25 percent of the homeowners in favor of the projects, the City would not approve any projects unless 60 percent of the homeowners in a specific subdivision were in favor of them. Councilor Snyder moved to table this portion of the appropriation until the next meeting. Councilor Battreall stated the council could not table just a part of the ordinance. Councilor Snyder moved that this item be deleted from the ordinance. Councilor Kirby seconded. Councilor Rundle stated he did not believe a Barrett Law fund should be established, but that each project should be considered individually as an additional appropriation. He suggested reducing the amount to be appropriated into this fund from $200,000 to $150,000. Councilor Snyder asked if the council could make this additional appropriation specifically for Cool Creek North, the neighborhood that had submitted a request to install street lights via Barrett Law provisions. The council voted 2-5 to delete the appropriation of $200.000 from the Cumulative Capital Improvements Fund into the Barrett Law Revolving Improvement Fund. The motion failed. Councilors Snyder and Kirby voted in favor of deleting the appropriation from the ordinance. Councilors Miller, Battreall, Rundle, Carter and Walker voted against deleting the appropriation. Councilor Rundle moved to reduce the amount to be appropriated for this fund from $200,000 to $150,000. The motion died for lack of a second. Geographical Information System (GIS): Councilor Battreall stated the system was phenomenal and that the appropriation for the GIS should be approved. Land Acquisition for 126th/122nd Street Right-of-Way: Mayor Brainard explained the project and talked about the land that needed to be purchased to extend the street. Councilor Kirby stated this project was important to link many of the businesses of Carmel with U.S. 31. Mayor Brainard stated that 80 percent of the requested $700,000 was to pay one major land owner. He stated the land owner had agreed to donate one-third the appraised value of his land to the City. Councilor Battreall stated the total amount of appropriations in Ordinance D~ 1365-98, as amended, was $3,316,000. Clerk-Treasurer Cordray verified the amount. Councilor Battreall summarized the changes to the ordinance for the council. Ordinance D-1365-98. as amended. was approved 7-0. Councilor Rundle stated he appreciated Ms. Mykyta's interest in the ordinance and hoped she was eased by listening to the council's discussion. NEW BUSINESS: Councilor Battreall moved to introduce Ordinance D-1367-98. an ordinance establishing purchasing agencies and adding Section 2-131 to the Carmel City Code. Councilor Kirby seconded. Mayor Brainard explained that in section (a)(6) the words a Joinder Agreement between the City of Carmel and Clay Township dated August 5, 1991 needed to be deleted from the ordinance and replaced with the Park Joinder Agreement Under Interlocal Cooperation Act Between The City Of Carmel, Indiana And The Trustee Of Clay Township, Hamilton County, Indiana dated July 24, 1991. Councilor Kirby moved to amend the ordinance as recommended by the mayor. Councilor Walker seconded. Councilor Battreall asked if the council needed to designate a purchasing agent. Clerk-Treasurer Cordray explained the state statute for purchasing had been changed effective July 1, 1998. She stated the council, clerk-treasurer and judge all can designate pumhasing agents. Mayor Brainard explained that this ordinance will declare as law what Cannel has been practicing. Clerk-Treasurer Cordray stated that the City has traditionally designated the Board of Public Works and Safety as the purchasing agent, but that by law the purchasing agent can be either the BPW or council. Ordinance D-1367-98 was carded over to the next meeting. Councilor Rundle moved to introduce Ordinance D-1368-98. an amendment to Sections 3-18 and 3-19(c) of the Cannel City Code and Ordinance D-1369-98, an amendment to Sections 3-18 and 3-19(c) of the Carmel City Code. Councilor Walker seconded. Councilor Battreall explained that his ordinance (D-1368-98) allowed for council, mayoral and clerk-treasurer comments to be made in response to the public. He stated his ordinance also included a five-minute time limit on each citizen who would address the council. Mayor Brainard stated that he had created an alternative ordinance (D-1369-98) allowing the chairman to use some discretion on limiting time. He stated his ordinance would require the chairman to read a sentence asking speakers to keep their speeches under five minutes and not duplicate what others have said. The mayor's ordinance would give the chairman authority to ask those not following these rules to immediately conclude their comments and yield the floor. He stated the ordinance required those rules to be printed on the back of the Request to Speak Cards. Councilor Rundle clarified that Ordinance D-1368-98 limited citizens' length of time to address the council to five minutes, giving the council the option to extend that time; and that Ordinance D-1369-98 did not limit the length of time citizens could speak before the council, but gave council the option to cut off citizens at five minutes. Councilor Rundle stated he was not in favor of imposing a time limit. Councilor Kirby stated he could not support either ordinance because he was not in favor of limiting how long citizens could address the council. He stated he did support adding the section for Council, Mayoral and Clerk-Treasurer Comments and Observations to the agenda. He stated the City needed to continue to educate the public on the best way to address the council. Councilor Snyder stated that Line 11 on the agenda included in the ordinances was written incorrectly as Public Business instead of Public Hearing. Councilor Snyder moved to amend the agenda to change the words Pubic Business to Public Hearing. Councilor Walker seconded. Ordinance D-1368-98. as amended, and Ordinance D-1369-98. as amended, were carried over to the next meeting. Councilor Kirby introduced Resolution CC-06-01-98-01. a resolution authorizing j oinder of the City in the Northeast Corridor MIS Task Force and Execution of an Interlocal Funding Agreement. Councilor Battreall seconded. The council discussed the previously signed Regional Transit Authority Interlocal Agreement that was repealed. Larry Hopkins of the Hoosier Heritage Port Authority explained that this was a federally mandated study for all infrastructure projects exceeding $800,000. He stated this resolution was not a stepping stone to forming a Regional Transit Authority. Resolution CC-06-01-98-01 was approved 7-0. Councilor Battreall asked for and received affirmation that the council would pay $3,000 for this year's City picnic. The meeting was adjourned at 10:20 p.m. Resp .t~fully submitted, Clerk-~C Attest: Cldrk-Treasurer Diana L. Igo/-dray, IAMC Approved, Mayor James Braiffard Carmel City Council Meeting Monday, June l. 1998 Mayor Brainard and Membem of the City Council~ My name is Mary Mykyta and I live at 49 Granite Court, Carmel Indiana. I am hem this evening to address the 5.4 million dollar appropriation funding request that was made during the May 18th meeting. First, I would like to ask why weren't these funds included in the original 26 million-dollar budget for 1998, DoasWt the city council have a fiscal responsibility to adhere to the budget that is set? To say that funds were not budgeted because we wanted to see what the I~inder Company would pay is inexcusable, When we go into a project, don't we know what the expected expenditures and cost overrides could be? If you do not know exactly, aren't they estimated? Where is your planning? Second, 5.4 million dollars represents a 21% budget increase. The cumulative capital development budget is five times its original amount of $402~0,00, This appropriation would bring the total budget up to 31.4 million dollars. With Carmel's population of approximately 32 thousand people this equates approximately $981,00 per man~ woman~ and child that lives in Carmel. I am already preparing for tax hikes next year. No wonder you wanted annexation. You need a larger tax base for this type of spending, Finally, I don't understand the need for these funds at this time. In the next two months, you will begin preparing the budget for 1999. Why can't you wait until that time and include them in the budget for next year, or are we just taking the approach that we want to do this now and we need the money now, I believe that this appropriation is politically motivated in regard to timing and implementation, As taxpayers, we are shareholders in the city, The council is the board of directors. I think you need to be responsible leaders and reduce tax dollars instead of slipping money into an already inflated budget, I am against these additional appropriations and do not want nor will I support Ordinance D-1365-98. Thank-you Exhibit B Excerpt from Carmel City Attorney Memorandum to Councilor Snyder (as read by Council President Robert Battreall) Indiana's Barrett Law actually consists of four separate statutes that create a vehicle for neighborhoods and the city to work together to provide improvements such as street lighting, sidewalks, curbs, streets, alleys, pedestrian walkways, parking facilities, electric signals, landscaping and sewers. A Barrett Law project is normally initiated by a petition to the Board of Public Works and Safety ("BPW") signed by twenty-five percent (25%) of the property owners affected by the project, although street lighting projects require a petition signed by sixty percent (60%) of the propcn'ty owners. However, if fifty percent (50%) or more of the affected property owners remonstrate against the proposed improvement, it may not be made unless specifically ordered by an ordinance passed by the Common Council. Furthermore, if forty percent (40%) of the affected property owners file objections to the validity, necessity or cost of the proposed project, they can have a court review these objections for validity. If found valid, the proposed improvements will not be made. The BPW can also initiate certain Ban'ett Law projects.