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HomeMy WebLinkAboutCCM-12-02-96City of Carmel C3~RMEL CITY COUNCIL MEETING AGENDA MON~IAY, DECEMBER 2, 1996 -- 7 P.M. COUNCIL CHMERS / CITY HALL / ONE CIVIC 8QUAPa~ Meeting Called to Order 10. Invocation Pledge of Allegiance Recognition of Outstanding Citizens/City Employees Approval of Minutes a. November 12, 1996, b. November 18, 1996, c. November 18, 1996, Executive Session Executive Session Regular Meeting Recognition of Citizens Who Wish to Address the Council Action of Mayoral Vetoes Claims a. $549,726.49 Claims b. $474,388.25 Payroll Committee Reports Old Business a. Second Reading Ordinance Z-315/Amendment to Zoning Ordinance No. Z-160, As Amended/Rezone Request of Lots 5, 6 and 7 of North Augusta/Chris Badger of Badger Engineering and Associates, Inc. Second Reading Ordinance D-1252-96/An Ordinance Amending Chapter 3, Article 1, Division II, Section 3- 30 of the City Code, titled ~Council Appointments and Removal"; Mayor James Brainard Second Reading Ordinance D-1258-96/An Ordinance i~nending Ordinance D-1224-96 to Change Certain Positions within Carmel Clay Communications Center; Mayor James Brainard Public Hearings a. First Reading Ordinance D-1255-96/An Ordinance Amending Ordinance D-1177 Establishing Bi-Weekly ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571-2400 Salaries for Elected City Officials; Councilors Walker, Carter and Rundle First Reading Ordinance S-63/An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Sewer Utility; Utilities Manager John Duffy First Reading Ordinance A-82/An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Carmel Water Utility; Utilities Manager John Duffy 11. New Business a. First Reading Ordinance C-188/An Ordinance/~nnexing Certain Territory Contiguous to the City of Carmel, Placing the Same Within The Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel and Redefining the Corporate Boundaries of the City of Carmel, Referred to as the Clay Township annexation Area; Mayor James Brainard b. Resolution CC-12-02-96-01/Resolution to Adopt the Fiscal Plan for Annexation of a Portion of Clay Township; Mayor James Brainard c. First Reading Ordinance D-1260-96/~_n Ordinance Amending Salary Ordinance D-1224-96, As Amended, to Add the Position of Director of Department of Administration; Mayor James Brainard d. First Reading Ordinance D-1261-96/An Ordinance Amending Chapter 2, Article 3, Division II of the City Code Regarding Longevity; Human Resources Director Barb Lamb e. Resolution CC-12-02-96-03/Resolution Excepting Certain Employees from Ordinance D-1261-96 Regarding Longevity; Human Resources Director Barb Lamb f. First Reading Ordinance D-1262-96/An Ordinance/~nending Chapter 2, Article 3, Division II, Section 2-50 of the City Code Regarding Overtime; Human Resources Director Barb Lamb g. Resolution CC-12-02-96-02/Resolution Approving Payment of Overtime for the Fire Department; Human Resources Director Barb Lamb h. First Reading Ordinance D-1263-96/An Ordinance Approving a Transition Plan for Civilian Employees of the Carmel Police and Fire Departments; Human Resources Director Barb Lamb i. Resolution CC-12-02-96-04/Resolution of the Carmel Common Council to Put Proposed Ordinances on the December 16, 1996, Common Council Agenda; DOCS Director 12. 13. 14. Steve Engleking First Reading Ordinance D-1251-96/An Ordinance Enacting Section 6-82 of the Carmel City Code to be Titled ~Graffiti"; Councilor Ron Carter Other Announcements Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, DECEMBER 2, 1996 -- 7 P.M. COUNCIL CHAMBERS / CITY H~T.T. / OME CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Councilors Kirby, Miller, Battreall, Rundle, Snyder, Carter and Walker. Clerk-Treasurer Cordray and Chief Deputy Wolf also attended. Mayor Brainard called the meeting to order at 7:02 p.m. Councilor Miller gave the invocation. Mayor Brainard led the pledge of allegiance. APPROVAL OF MINUTES: Councilor Battreall moved to approve the minutes as listed on the agenda (Items 4a through 4c). Councilor Carter seconded. All members voted AYE. The minutes were approved. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard asked the council at this time to discuss agenda item lla. Councilor Walker, therefore, moved to introduce Ordinance C- 188. Councilor Carter seconded. Mayor Brainard read the ordinance regarding annexation and explained his reasons for wanting to annex part of the township into the city. Clerk-Treasurer Cordray handed out annexation fiscal plans to the public. Sixteen members of the public addressed the council concerning annexation: William Styring III, 3624 Brian Place, opposed Tom Yedlick, 503 St. Charles Place, supported L.H. Bayley, 10628 Winterwood, opposed to rushing process Pat Lease, 1505 Springmill Boulevard, opposed (Mary) Janice Kienholz, Claridge Farms Homeowners Association, requested council to table until after the General Assembly meets; opposed to process Jerald I. Ancel, 11090 Queens Way Circle, asked council to establish task force to create an amended proposal Rick Sharp, 1309 Thornbird Lane, opposed to rushing process Michael B. Mountain, 13937 Nansemond Drive, opposed to process R~ger Corm, 736 E. Main Street, asked council to vote as representatives of the people, presented council with 125 signatures of people opposed to the process Don Harris, 12867 Andover Drive, supported Robert M. Book, Clay Township Board President, opposed to process, presented council with 2,037 signatures of people opposed to annexation Lance Harting, Old Towne Neighborhood Association, supported PUBLIC HEARINGS: Councilor Snyder moved to introduce Ordinance D- 1255-96, an ordinance establishing the salaries of the mayor, clerk-treasurer, judge and council members. Councilor Battreall seconded. Councilor Rundle stated he wanted to introduce an amendment to the ordinance. The mayor opened the public hearing at 9:42 p.m. Mary Jane Colling, 736 E. Main Street, opposed to raising council members' salaries Nyla Johnson, 317 Concord Lane, opposed to raising council members' salaries Tom Kendall, 11818 Gray Road, opposed to raising council members' salaries The mayor closed the public hearing at 10:01 p.m. Councilor Walker stated the ordinance had not been written as he had expected, but he would still support it. Councilor Kirby stated Carmel's city employees' salaries compare well to the salaries of other city's employees throughout the state. The mayor pointed out that his salary would not be increased by the proposed ordinance. Councilor Walker stated the council needed an increase because its salaries had not kept up through the years. The ordinance was carried over to the next meeting. Councilor Rundle moved to introduce and waive the reading of Ordinance S-63, the sewer utility budget. Councilor Snyder seconded. The mayor opened the public hearing at 10:28 p.m. No one from the public wished to speak; the mayor closed the hearing at the same time. The mayor stated no rate increases in the utilities were planned. He also stated that the utilities budget included $12,400 for legal fees because of the intricacy of utility regulations and laws. The ordinance was carried over to the next meeting. Councilor Kirby moved to introduce and waive the reading of Ordinance A-82, the water utility budget. Councilor Walker seconded. The mayor opened the public hearing at 10:32 p.m. No one from the public wished to speak; the mayor closed the hearing at the same time. Councilor Battreall stated the budget proposal did not include income from the sale of water to the Indianapolis Water Company because the sale had not been approved when the budgets were being finished. Mayor Brainard stated that legally the budget probably only needed to have expenditures listed. The ordinance was carried over to the next meeting. NEW BUSINESS: Mayor Brainard suggested the council table Resolution CC-12-02-96-01 until it voted on the annexation Jeanne Book, 12550 Spring Mill Road, with residents Gene Hull, President of College Meadows, Associations, opposed Mary Eckard, 11025 Timberlane, opposed, research Tom Kendall, 11818 Gray Road, opposed Councilor Walker stated he did not like the crowd's attitude of jeering and interrupting speakers. He also stated the community could not afford the divisiveness. supported city cooperating College Hills Homeowners asked council to do more Mayor Brainard called for a recess at 9:11 p.m. The meeting reconvened at 9:27 p.m. CLAIM: Councilor Battreall moved to approve the claims as listed on the agenda (Items 7a and 7b). Councilor Walker seconded. All members voted AYE. The claims were approved 6-0. Councilor Snyder was not in the room. COMMITTEE REPORTS: Councilor Battreall, member of the Cable Advisory Committee, stated he planned to ask the council to appropriate $600 so the committee could restart its subscription for the Cable Commission Manual. Councilor Snyder returned. OLD BUSINESS: Chris Badger of Badger Engineering and Associates, Inc. described the property affected by zoning Ordinance Z-315. Councilor Battreall verified a potential drainage problem had been solved. Councilor Carter asked Mr. Badger to explain a letter by the Hamilton County Surveyor describing the drainage situation as ~less than ideal." Mr. Badger explained that specific comment referred to a swail that was going to be used temporarily. Mr. Badger explained the swail would be removed and replaced with pipe shortly following construction on the property. All members voted AYE. The rezone request was approved. Mayor Brainard introduced Ordinance D-1252-96. Councilor Carter verified the Wellhead Protection Committee appointments were made under a different part of the City Code. All members voted AYE. The ordinance was approved. Mayor Brainard introduced and explained Ordinance D-1258-96. All members voted AYE. The ordinance was approved. ordinance. Councilor Walker moved to table the resolution. Councilor Snyder seconded. All members voted AYE. The resolution was tabled until the next meeting. Councilor Battreall moved to introduce Ordinance D-1260-96, an ordinance to add the position of Director of Department of Administration to Salary Ordinance D-1224-96. Councilor Miller seconded. Mayor Brainard read the ordinance. Councilor Snyder compared the position to that of deputy mayor and stated the city needed the position because it had grown in size. The ordinance was carried over to the next meeting. Councilor Battreall moved to introduce Ordinance D-1261-96, an ordinance regarding longevity of city employees. Councilor Miller seconded. Mayor Brainard read the ordinance. The ordinance was carried over to the next meeting. Battreall moved to introduce Resolution CC-12-02-96-03, a resolution pertaining to exceptions of longevity. Councilor Rundle seconded. Mayor Brainard read the resolution. Councilor Kirby stated that several city employees were concerned about the issue, but didn't attend the meeting because the agenda was so long. Councilor Kirby moved to table the resolution. Councilor Snyder seconded. All members voted AYE. The resolution was tabled. Councilor Walker stated he was concerned about trying to deal with these personnel issues while acting on the annexation ordinance at the same time. Councilor Walker suggested having a special session to ~deal just with this with employees so they can feel comfortable to come in and give us their input." Mayor Brainard stated having a special session was an excellent idea. Councilor Battreall stated the special meeting still would be open to the public if the public wanted to attend. He stated this issue was the employees' issue and that the council should deal with it in a straight-forward manner with them rather than throwing it open in a meeting of this nature. The council agreed to have a special meeting specifically for the employee-related ordinances and resolutions: Ordinances D-1261-96, D-1262-96 and D-1263-96 and Resolution CC-12-02-96-02. Councilor Walker moved to introduce Ordinance D-1262-96, an ordinance amending the city code regarding overtime. Councilor Battreall seconded. Mayor Brainard read the ordinance. Councilor Battreall moved to amend the ordinance with the following language: ~I. Chapter 2, Article 3, Division II, Section 2-50 of the Carmel City Code is hereby amended as follows: (a) Sections 2-50(B)(7), 2-50C(5), 2-50(D)(4) and 2-50(E)(3) are hereby repealed and replaced with the following: ~The total hours worked in a regular work week/work period shall include all paid vacation days, paid holidays and other paid special absences. Paid sick leave shall be excluded from total hours worked and compensated at an employees regular rate of pay.'" Councilor Miller seconded. All members voted AYE. The amendment was approved. Councilor Kirby stated he was concerned about how the ordinance would affect on-call employees who were called out after hours, earned overtime, but then became ill later in the week. The ordinance was carried over to the next meeting. Councilor Miller introduced Resolution CC-12-02-96-02, a resolution approving payment of overtime for the fire department. Councilor Rundle seconded. Mayor Brainard read the resolution. He stated that approving the resolution at this meeting would enable the employees to be paid before the holidays. Councilor Walker called for the question. All members voted AYE. The resolution was approved. Councilor Battreall moved to introduce Ordinance D-1263-96, an ordinance approving a transition plan for civilian employees of the police and fire departments. Councilor Walker seconded. Mayor Brainard read the ordinance. The ordinance was carried over to the next meeting. Councilor Carter moved to introduce Resolution CC-12-02-96-04, a resolution to add several items to the December 16, 1996, agenda. Councilor Battreall seconded. The mayor read the ordinance. All members voted AYE. The ordinance was approved. Councilor Walker moved to introduce Ordinance D-1251-96, an ordinance enacting part of the city code titled ~Graffiti." Councilor Carter seconded. Councilor Battreall moved to waive the reading. Councilor Miller seconded. All members voted AYE. The reading was waived. Councilor Carter explained why he sponsored the ordinance. Major Barlow from the police department showed pictures of local gang-related graffiti. Councilor Snyder asked if the ordinance could include a provision for offenders to do community service. Councilor Carter stated Judge Bardach said she would like to have offenders charged simultaneously with criminal mischief so community service could be considered. The ordinance was carried over to the next meeting. Councilor Kirby moved to adjourn. Councilor Miller seconded. The meeting was adjourned at 11:17 p.m. Respectfully submitted, Attest: Approved,