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~