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HomeMy WebLinkAboutCCM-12-16-96City of Carmel C~L CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 16, 1996 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE Meeting Called to Order 1. Invocation 2. Pledge of Allegiance 3. Recognition of Outstanding Citizens/City Employees Approval of Minutes a. December 2, 1996, Regular Meeting Recognition of Citizens Who Wish to Address the Council a. Judy Edwards, Carmel Clay Library Board 6. Action of Mayoral Vetoes Claims a. $30,498.96 Retirement b. $482,990.07 Payroll c. $1,108,337.30 Claims d. $1,391,534.12 Claims 8. Committee Reports Old Business a. Second Reading Ordinance D-1255-96/An Ordinance Amending Ordinance D-1177 Establishing Bi-Weekly Salaries for Elected City Officials; Councilors Walker, Carter and Rundle b. Second Reading Ordinance S-63/An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Sewer Utility; Utilities Manager John Duffy c. Second Reading Ordinance A-82/An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Carmel Water Utility; Utilities Manager John Duffy d. Resolution CC-12-02-96-01/Resolution to Adopt the Fiscal Plan for Annexation of a Portion of Clay Township; Mayor James Brainard* ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571-2400 10. 11. Second Reading Ordinance D-1260-96/An Ordinance Amending Salary Ordinance D-1224-96, As Amended, to Add the Position of Director of Department of Administration; Mayor James Brainard Second Reading Ordinance D-1251-96/An Ordinance Enacting Section 6-82 of the Camel City Code to be Titled ~Graffiti"; Councilor Ron Carter Public Hearings a. DUE TO A NEWSPAPER PUBLISHING ERROR, THE PUBLIC HEARING FOR ANNEXATION ORDINANCE C-188/AN ORDINANCE ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE CITY OF CARMEL, REFERRED TO AS THE CLAY TOWNSHIP ANNEXATION AREA, HAS BEEN POSTPONED TO MONDAY, DECEMBER 23 AT 5:30 P.M. First Reading Ordinance D-1254-96/An Ordinance Appropriating $731,475.00 from the General Fund to Purchase the Monon Corridor between 96th and 146th Streets; Mayor James Brainard First Reading Ordinance Z-316/An Ordinance Amending and Restating Provisions of Zoning Ordinance Z-289, as Amended, to Authorize the Plan Commission to Permit or Require Landowners to Make Written Commitments Concerning the Use of or Development of Parcels that are the Subject of Ordinance Amendments or Rezone Requests; Tom Thompsom, Plan Commission President New Business a. Request for Limousine/Taxicab License Pursuant to Ordinance D-512/Best Limo Service, Inc., John F. Sullivan, Jr. b. Election of Council President and Appointments for 1997; Mayor James Brainard c. First Reading Ordinance D-1264-96/An Ordinance Enacting and Adopting A Supplement to the Code Of Ordinances Of the City Of Carmel, Indiana d. Ordinance D-1265-96/An Ordinance Amending Ordinance D- 1159-96 and D-1224-96 to Create Part-Time Positions within the Department of Administration; Joe Staehler, Department of Administration e. Resolution CC-12-16-96~03/Transfer of Funds by the Department of Administration; $51,672.00 f. Resolution CC-12-16-96-02/Transfer of Funds by the Department of Administration; $170.00 Resolution CC-12-16-96-01/Transfer of Funds by the Street Department; $9,000.00 12. Other 13. Announcements 14. Adjournment * These items were tabled at the December 2, 1996, meeting. CARMEL CITY COUNCIL MEETING MINUTES MONDAY, DECEMBER 16, 1996 -- 7 P.M. COUNCIL CHAMBERS / CITY H~T.T. / ONE 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 7:05 p.m. Councilor Miller gave the invocation. Mayor Brainard led the pledge of allegiance. APPROVAL OF MINUTES: Councilor Rundle moved to approve the minutes from the December 2, 1996, meeting. Councilor Walker seconded. Councilor Carter stated that Don Harris, 12867 Andover Drive, was incorrectly listed as opposed to the annexation. Councilor Carter moved to amend the minutes to list Mr. Harris as speaking in favor of the annexation. Councilor Battreall seconded. All members voted AYE. The minutes were amended. The council then voted 7-0 to approve the minutes. The minutes were approved as amended. CITIZENS WHO WISH TOADDRSSS THE COUNCIL: Dick Frost, 507 Stonehenge Drive, discussed tax rates Scott Olson, 13896 Oak Ridge Road, opposed Annexation Ordinance C-188 Councilor Snyder mentioned the Fire Department's holiday food and toy drive. CLAIMB: Councilor Snyder moved to approve claims as listed on the agenda (Items 7a through 7d) and three Add-On Claims as submitted by the city attorney and city engineer, one for Lewis & Kappes attorney fees, and two for the Main Street clock construction project. Councilor Walker seconded. All members voted AYE. The claims were approved 7-0. OLD BUSINESS: Councilor Rundle presented three amendments to Ordinance D-1255-96/An Ordinance Amending Ordinance D-1177 Establishing Bi-weekly Salaries for Elected City Officials. Councilor Rundle moved to change the salary of the mayor to read ~Maximum Authorized: $2,334.86 bi-weekly," and ~To be paid in 1997:$2,266.85 bi-weekly." Councilor Kirby seconded. Councilor Rundle stated even though the mayor did not want a salary increase, he wanted to put an increased maximum in the ordinance to avoid the elected officials' salaries becoming too close to that of the mayor. The mayor stated he didn't want a salary increase because he wanted to keep his campaign promise. All members voted AYE. The amendment was approved 7-0. Councilor Rundle moved to amend the Clerk-Treasurer's salary to be $1,949.08 bi-weekly. Councilor Snyder seconded. Councilor Rundle stated Carmel's Clerk-Treasurer currently is the highest paid Clerk-Treasurer in the state. He stated he offered no change in salary for the judge. Six members voted AYE. Councilor Walker voted against the amendment. The amendment was approved 6-1. Councilor Rundle moved to amend the Common Council's salary to be $138.93. Councilor Kirby seconded. Councilor Snyder stated she would abstain from voting because she believed voting on her own salary was inappropriate. The mayor stated he supported the ordinance. Councilor Kirby stated he was concerned about the low pay of Carmel's council deterring people from running for city council. Councilor Walker stated the council's pay was not much higher than it was in the mid 1970's. Four councilors voted AYE. Councilors Carter and Walker voted against the amendment. Councilor Snyder abstained. The amendment was approved 4-2. The mayor called for a vote on the amended ordinance. Six councilors voted AYE. Councilor Walker voted against it. The amended ordinance was approved 6-1. Mayor Brainard announced Ordinance S-63/An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Sewer Utility. All councilors voted AYE. The sewer budget was approved 7-0. Mayor Brainard announced Ordinance A-82/An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Carmel Water Utility. All councilors voted AYE. The water budget was approved 7-0. Mayor Brainard announced the public hearing onAnnexation Ordinance C-188 was postponed because the Daily Ledger newspaper, the city's newspaper of record, had misprinted the date of the public hearing. The mayor suggested the council table discussion on Resolution CC-12-02-96-01/Resolution to Adopt the Fiscal Plan for Annexation of a Portion of Clay Township until the next meeting when the public hearing is scheduled. Councilor Rundle moved to table the resolution. Councilor Walker seconded. All members voted AYE. The resolution was tabled 7-0. Mayor Brainard announced Ordinance D-1260-96/An Ordinance Amending Salary Ordinance D-1224-96 to Add a Director of Department of Administration. Councilor Snyder asked if department heads were required to live in the city. Mayor Brainard stated they were not, and gave examples of several department heads living out of city limits. Councilor Walker called for the question. All members voted AYE. The ordinance was approved 7-0. Mayor Brainard announced Ordinance D-1251-96/An Ordinance Enacting Section 6-82 of the Carmel City Code to be Titled ~Graffiti" and stated he recently had received a letter from a youth concerned about the issue. Councilor Carter explained Judge Bardach will work with the Carmel Police Department to implement community service penalties in addition to the possible fines levied against offenders as stated in the ordinance. All members voted AYE. The ordinance was approved 7-0. PUBLIC HEARING: Mayor Brainard asked for a motion to table Annexation Ordinance C-188 so the council could have the public hearing at its next meeting. He stated the request resulted from the newspaper misprinting the date. Councilor Snyder moved to table Annexation Ordinance C-188. Councilor Walker seconded. The ordinance was tabled 7-0. Councilor Walker stated he planned to present an amendment at the next meeting, December 23, 1996, to implement the annexation process in Ordinance C-188 in three phases. He stated this would spread out the annexation over three years, increasing the tax burden in one-thirds until it reached 100 percent. Councilor Walker stated how the council chose to vote on this amendment probably would affect the way he voted on the ordinance. Mayor Brainard explained state law allowed the city to increase the tax burden on township residents in a step-by-step process spread out over four years. Councilor Kirby stated that if the annexation was approved, Clay West could control the City Council in the next election. It could have two representatives plus the three at-large members. Mayor Brainard explained Ordinance D-1254-96/An Ordinance Appropriating Money to Purchase the Monon. Councilor Carter moved to introduce the ordinance. Councilor Battreall seconded. One member of the public spoke regarding the ordinance. Tom Kendall, 11818 Gray Road, asked about the cost of improving the Monon once it was purchased. The Mayor stated he had received estimates between $600,000 and $700,000 for developing the railway line into a linear park. Councilor Kirby stated the Morton would be developed by the Parks Board which is financed through a joinder agreement by the city and Clay Township; therefore, the city would not be paying the whole cost to develop the property. Councilor Rundle moved to take a five-minute recess at 8:19 p.m. Councilor Battreall seconded. The mayor reconvened the meeting at 8:28 p.m. After seeing no one else from the public wished to speak in reference to Ordinance D-1254-96, the mayor closed the public hearing at 8:29 p.m. The ordinance was carried over to the next meeting. Tom Thompson, Plan Commission president, explained that three of four proposed zoning ordinances the council was supposed to consider were not on the agenda because they had not received needed approval from the plan commission to be considered by the council. Mr. Thompson then explained Ordinance Z-316//%_n Ordinance Authorizing the Plan Commission to Permit or Require Landowners to Make Written Commitments. He stated the plan commission voted unanimously in favor of the ordinance. Councilor Snyder moved to introduce the ordinance. Councilor Battreall seconded. Councilor Rundle moved to waive the reading. Councilor Battreall seconded. All members voted to waive the reading. No members of the public wished to comment. NEW BUSINESS: Clerk-Treasurer Cordray asked the council to discuss Agenda Item llb before discussing lla, because council members momentarily would receive information for Agenda Item lla. The mayor announced Agenda Item llb, Election of Council President and Appointments for 1997. Councilor Snyder nominated Councilor Kirby for City Council President. Councilor Battreall nominated Councilor Miller for City Council President. Councilor Rundle moved to close the nominations. Councilor Walker seconded. Councilor Rundle asked Councilor Kirby, parliamentarian, if a council president could succeed himself. Councilor Kirby stated he thought he had read somewhere that council presidents could not succeed themselves, but that previous councils had allowed presidents to do so. Councilor Snyder asked if both nominees would accept the position if elected. Councilor Miller stated he would be honored; Councilor Kirby stated he would be honored but was leaning toward voting for Councilor Miller. The council voted 7-0 in favor of Councilor Miller as council president for 1997. Councilor Miller nominated to re-appoint Councilor Snyder to Plan Commission. Councilor Rundie seconded. No other nominations were made. Mayor Brainard stated Councilor Snyder received the appointment. Councilor Battreall asked for someone else to be nominated to the Cable TV Advisory Committee. Councilor Rundle asked if the council was discussing all council nominations to various boards, including those nominations who were not council members but members of the community. Mayor Brainard stated the council could table the discussion until a later meeting so community members could have the opportunity to let the council know if they were interested. Councilor Snyder asked interested community members to send their resumes to the Clerk-Treasurer's Office. Councilor Battreall moved to table the council appointments until January 6, 1997. Councilor Kirby seconded. All members voted AYE. Discussion about the appointments was tabled. Mayor Brainard announced Agenda Item lla. John F. Sullivan, Jr., applicant for a limousine license, explained the purpose and location of his limousine service. Clerk-Treasurer Cordray stated her office would issue Mr. Sullivan his approval once council approved his request. Councilor Carter questioned whether the Clerk-Treasurer's approval had to come before or after council's approval. Clerk-Treasurer Cordray stated Mr. Sullivan's application was in order, but that she couldn't license him until the council approved his service. Councilor Battreall moved to approve the request. Councilor Snyder seconded. All members voted AYE. Mr. Sullivan's request for a limousine license was approved. Councilor Snyder moved to introduce Ordinance D-1264-96/~n Ordinance to Enact and Approve the Carmel City Code Supplement. Councilor Walker seconded. Mayor Brainard read the ordinance. The ordinance was carried over to the next meeting. Councilor Kirby moved to introduce Ordinance D-1265-96/An Ordinance Creating Part-Time Positions in the Department of Administration. Councilor Battreall seconded. Mayor Brainard explained the ordinance and stated the Clerk-Treasurer asked for it to be passed. Clerk-Treasurer Cordray stated the Indiana State Board of Accounts recommended the employees taking the special census for the city be on the city's payroll. Mayor Brainard stated the city attorney provided an opinion that was accepted by the State Board of Accounts explaining why the ordinance was not needed. Clerk-Treasurer Cordray stated the city attorney had not informed her that she had spoken with the State Board of Accounts. Councilor Kirby stated the important issue was to get the census workers paid, although he was concerned about assuming liability by putting them on the city's payroll instead of allowing the federal government to pay them. Mayor Brainard stated passing the ordinance raised some legal questions. Councilor Carter asked if the workers would be paid before Christmas. Clerk-Treasurer Cordray stated the field specialist for the census told her she didn't want the workers paid until the census was completed. Councilor Rundle asked if they were paid bi-weekly. Councilor Cordray stated the paychecks would be a lump sum. She also stated she wanted to pay the workers properly. Councilor Battreall moved to suspend the rules and vote on the ordinance. Councilor Walker seconded. Clerk-Treasurer Cordray stated paying the workers this way was not her preference but the best for all concerned. Councilor Walker called for the question. All members voted AYE to suspend the rules. Councilor Walker called for the question again. All members voted AYE to approve the ordinance. Ordinance D~1265-96 was approved. Mayor Brainard explained Resolution CC-12-16-96-03/Transfer of Funds by the Department of Administration for $51,672. Councilor Rundle moved to introduce the resolution. Councilor Miller seconded. All members voted AYE. The resolution was approved. Mayor Brainard explained Resolution CC-12-16-96-02/Transfer of Funds by the Department of Administration for $170. Councilor Kirby moved to introduce the resolution. Councilor Battreall seconded. All members voted AYE. The resolution was approved. Mayor Brainard explained Resolution CC-12-16-96-01/Transfer of Funds by the Street Department for $9,000. Councilor Snyder moved to introduce the resolution. Councilor Carter seconded. All members voted AYE. The resolution was approved. Mayor Brainard explained the money was from the 1996 budget. Councilor Kirby moved to adjourn. Councilor Miller seconded. All members voted AYE. The meeting was adjourned at 9:23 p.m. Res~y~u~ltt d~