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HomeMy WebLinkAboutCCM-12-23-96of Carmel C~L CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 23, 1996 -- 5:30 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. Deceraber 10, 1996, Special Meeting 5. Recognition of Citizens Who Wish to Address the Council 6. Action of Mayoral Vetoes Claims a. $1,264,964.65 General Claims b. $11,000,000.00 Investments 8. Committee Reports Old Business a. Resolution CC-12~02-96-01/Resolution to Adopt the Fiscal Plan for Annexation of a Portion of Clay Township; Mayor James Brainard (previously tabled) b. Second Reading Ordinance D-1254-96//~n Ordinance Appropriating $731,475.00 from the General Fund to Purchase the Monon Corridor between 96th and 146th Streets; Mayor James Brainard--TABLED UNTIL J/UqUARY 6, 1997 c. Second Reading Ordinance Z-316/An Ordinance Amending/ 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 Thompson, Plan Commission President d. Council Appointments for 1997; Mayor James Brainard ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. 11. 12. 13. Second Reading Ordinance D-1264-96/An Ordinance Enacting and Adopting A Supplement to the Code Of Ordinances Of the City Of Carmel, Indiana Public Hearings a. Second Reading Ordinance C-188/An Ordinance Annexing 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 (previously tabled) b. First Reading Ordinance D-1266-96/Additional Appropriation for Financial Software; Clerk-Treasurer Diana Cordray New Business a. Resolution CC-12-23-96-01/Encumbrances b. Resolution CC-12-23-96-02/Transfer of Funds; Office; $170.00 c. Resolution CC-12-23-96-03/Transfer of Funds; Department; $9,000.00 Mayor's Street Other Announcements 14. Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, DECEMBER 23, 1996 -- 5:30 P.M. COUNCIL CHAMBERS / CITY PL~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 5:43 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 10, 1996, meeting. Councilor Battreall seconded. The minutes were approved 7-0. CITIZENS WHO WISH TOADDRESS THE COUNCIL: Dick Frost, 507 Stonehenge Drive, refunded his 3 percent tax decrease Mary Jane Colling, 700 block of E. Main Street, opposed the council's approval of reducing the clerk-treasurer's salary below the amount set by the previous council CLAIMS: Councilor Snyder moved to approve claims as listed on the agenda (Items 7a and 7b). Councilor Walker seconded. Councilor Snyder verified that the mailing lists used to send out annexation promotion material belonged to the city. All members voted AYE. The claims were approved 7-0. Clerk-Treasurer Cordray stated the council would not have to meet on December 30, 1996, as planned because her office had worked overtime to present these encumbrances at the present meeting. OLD BUSINESS: Mayor Brainard stated the council would wait to vote on Resolution CC-12-02-96-01 until after the public hearing had been held on Annexation Ordinance C-188. Mayor Brainard explained the public notice for Ordinance D-1254- 96, a $731,475.00 appropriation to purchase part of the Monon, incorrectly stated from which year's budget the funds would be taken. Councilor Carter moved to table the ordinance until the next meeting after the public notice had run correctly. Councilor Kirby seconded. The ordinance was tabled 7-0. Mayor Brainard moved the public hearing for Annexation Ordinance C-188 before the remaining old business. Councilor Walker made a motion to amend Ordinance C-188 to spread out the increased tax burden in increments of one-thirds over three years. Councilor Carter seconded. Mayor Brainard stated the fiscal plan the council received Friday included a plan for spreading out the tax burden for four years in increments of one- fourths, not the three-year plan as proposed in Councilor Walker's amendment. Councilor Rundle stated he could not find information allowing the abatements in the Indiana Code. Mayor Brainard explained that Councilor Rundle was not looking at a version that included the 1996 change to the law. Joe Calderon, an attorney from Dann Pecar & Newman who was representing the city in the annexation, agreed. The amendment was approved 6-1. Councilor Kirby voted no. Councilor Snyder stated none of the councilors had seen a fiscal plan for the impact of the Amendment to Ordinance C-188 they had just approved. She stated the fiscal plan she got Friday did not reflect the impact. Councilor Snyder asked Mr. Calderon whether the amendment substantially altered the ordinance so the council would have to put it out for a second public hearing. Mr. Calderon stated the resolution, to which the fiscal plan was attached, was not up for public hearing. Mr. Calderon also stated the ordinance was not substantially altered by offering the abatement because the changes caused no detriment to anyone. Councilor Rundle stated the financial impact of the amendment was about $5 million over the next two years on the current residents of the City of Carmel. Councilor Rundle stated it had been suggested to him that this was groundwork for a public hearing for Carmel residents. Mayor Brainard opened the public hearing for Ordinance C-188 at 6:10 p.m. JanetWhite-Mountain, 19137 Nansemond Drive, presented a research study showing that 99 percent of the residents in the annexed area were opposed to annexation during the time the study was taken December 4, 1996, to December 14, 1996 Art Small, 10583 Lakeshore Drive East, supported Lindsay Swain, 1535 Springmill Boulevard, opposed Carol S. Hartraan, 13028 Southampton Court, opposed Judy Hagan, 10946 Springmill Lane, supported WilllamE. McLinn, 13868 Oak Ridge Road, opposed Patrick D. Lease, 1505 Spring Mill Boulevard, opposed George Meissner, 207 Rockberry Drive, supported Philip Schnell, 41 Twinshore Court, opposed Amy Boldt, 5297 Canary Court, supported Rick Sharp, 1309 Thornbird Lane, opposed Mary Eckard, 11025 Timber Lane, opposed Michael Mountain, 13937 Nansemond Drive, opposed Tom Kendall, 11818 Gray Road, opposed Kim Downing, 3115 Hensel Drive, for unity of community Jack Quaid, 14094 Old Mill Circle, opposed Clyde Courtney, 109 Drive, opposed Chris Strew, 14068 Spring Mill Ponds Circle, opposed No one else from the public wished to speak about the annexation. Mayor Brainard closed the public hearing at 8:05 p.m. Councilor Miller stated he would vote for annexation because it was good for Camel and it was fair. Councilor Snyder stated she would vote against the annexation because it was divisive for the community. Councilor Snyder also stated that not enough planning had been done to implement the annexation at this time. Councilor Walker verified Mayor Brainard had followed all legal procedures. Councilor Walker stated he did not want to wait to table the issue because waiting would only make the divisiveness worse. Councilor Kirby stated the city had not studied the proposal enough and that voting on the issue now would cause the city to lose all forward momentum. Councilor Kirby also stated that voting on the annexation two days before Christmas was wrong. Councilor Walker stated he wanted to make sure the people with rural standing in the proposed annexed area would be grandfathered into the annexation and so protected from losing their rural rights. Councilor Carter stated that the city prestige and urban-level service of Carmel is better than that of the township and that all will suffer if the area is not annexed. Councilor Carter also stated he wanted taxes to be stable for everyone. Councilor Battreall stated the proposed annexed area was the only direction for Carmel to expand. Councilor Battreall also stated he understood the emotional aspect of the issue but doesn't believe delaying the annexation would change anything. Councilor Kirby pointed out that the Carmel Fire Department was first owned by the township and decided to join with the city when the city opted not to provide its own fire protection. Councilor Rundle stated the decision on annexation was obvious because 99 percent of the people were opposed to annexation but 88 percent of them said they would give serious consideration to the issue if the city would slow the process. Councilor Rundle stated the barriers created by approving this annexation would take a long time to remove. Councilor Rundle moved to table Ordinance C-188 for four months, beginning January 1, 1997, providing appropriate time for the city council, the Clay Township Board and members of the community to study the ramifications of the ordinance and develop a plan of implementation. Councilor Kirby seconded. The motion failed 3-4. Councilors Kirby, Snyder and Rundle voted AYE. Councilors Miller, Battreall, Carter and Walker voted no. The mayor then called for a vote on Ordinance C-188. The ordinance was approved 4-3. Councilors Miller, Battreall, Carter and Walker voted AYE. Councilors Kirby, Snyder and Rundle voted no. Mayor Brainard introduced Resolution CC-12-02-96-01/A Resolution to Adopt the Fiscal Plan for Annexation of a Portion of Clay Township. The mayor stated this was a change from the original resolution. Mayor Brainard asked for a motion to amend the resolution as stated in the document that had been handed to council members near the beginning of the meeting. Councilor Battreall moved to amend the resolution as stated in the document that had been handed to council members near the beginning of the meeting. Councilor Miller seconded. Councilor Battreall stated it had been pointed out to him that there basically were no changes in the amendment whatsoever with exception to a little bit of rewording. In regard to a question from an audience member, Mayor Brainard explained the intent of the annexation was not to have residents change the uses of their property in the annexed area. The mayor said he believed homeowners in the annexed area were grandfathered into the annexation for any existing use. Mayor Brainard stated the council most likely would be willing to work with homeowners to obtain this goal. Councilor Battreall agreed it was not the council's intent to change the face of the area and would take into consideration the possibility of needing to change ordinances to protect the homeowners' interests. Councilor Battreall stated he believed the mayor would set up a group of citizens to look at issues such as this if any were to arise. The council voted 6-0 to amend the resolution. Councilor Rundle abstained. Councilor Walker called for the question. The amended resolution was approved 6-1. Councilor Rundle opposed. Mayor Brainard stated the city planned to establish some task forces with residents in the annexed area to work with the city to implement the annexation plan. The mayor introduced Tom Thompson, president of the plan commission, to explain Ordinance Z-316. Mr. Thompson explained that when the plan commission recommended approval of this ordinance, it did so with an amendment pertaining to Section 31.6.4, Paragraph 2. Mr. Thompson read the paragraph to ensure the council had correct copies of the ordinance. The ordinance was approved 7-0. Mayor Brainard read the title of Ordinance D-1264-96/An Ordinance Enacting and Adopting A Supplement to the City Code. Councilor Carter called for the question. The ordinance was approved 7-0. PUBLIC HEA/~ING: Councilor Battreall moved to introduce Ordinance D-1266-96/An Additional Appropriation for Financial Software. Councilor Kirby seconded. Mayor Brainard read the ordinance. Councilor Snyder stated she had asked Jim Kinder, director of the Carmel Clay Communications Center and chairman of the city's computer committee, to look at the ordinance and report to the council. Clerk-Treasurer Cordray stated Windows 95 would be implemented with the system, but was unsure about Windows NT. Councilor Battreall asked if the software and equipment the Clerk-Treasurer was looking to purchase would integrate well with the software and equipment the rest of the city was moving toward. Clerk-Treasurer Cordray stated that it would be able to integrate with the city's equipment. She stated she was looking at a UNIX system because virtually all financial accounting packages use UNIX. She added this would not prevent her department from moving to Windows NT in the future, but that UNIX was the best choice of what currently was available. Clerk- Treasurer Cordray explained she contacted the Government Finance Officers Association and asked them to send to her a list of cities that recently had implemented new financial packages. She stated she received information on about 50 software packages, some of which were Windows-based. Councilor Miller asked why Clerk-Treasurer Cordray hadn't participated in the city's computer committee meetings. Clerk-Treasurer Cordray explained she was looking for a municipal financial software package, not an entire system and hardware for the city as the computer committee was. She also stated the software she was most sincerely considering didn't become available until November although her office had been searching since February 1996. Councilor Miller questioned whether the clerk-treasurer had done due diligence. He also suggested she put the request for software out for bids. Clerk-Treasurer Cordray explained the law did not require her to bid the software and that the package she was considering was the only affordable one to provide for the needs of her office. Councilor Rundle questioned whether the city should invest such a large amount of money into a system since Clerk-Treasurer Cordray may not be using it if the city moved to second-class status. Dawn Thomas, computer consultant for Solutions Group, explained the history of searching for the software and talked about the advantages and disadvantages of UNIX. Mayor Brainard stated he agreed the system needed to be updated. The mayor opened the public hearing at 9:58 p.m. No one from the public wished to speak. He closed the hearing at 9:59 p.m. The ordinance was carried over to the next meeting. NEW BUSINESS: Councilor Snyder moved to waive the readings for Agenda Items lla, llb and llc. Councilor Rundle seconded. The council voted 7-0 to waive the readings. Councilor Walker moved to approve Resolution CC-12-23-96-01 for encumbrances. Councilor Snyder seconded. Councilor Rundle clarified the Clerk-Treasurer's Office would cover an item out of next year's fund if it had been overlooked. The resolution was approved 7-0. Councilor Snyder verified Resolutions CC-12-23-96-02 and CC-12- 23-96-03 were clarifications of mistakes in two previously approved transfer resolutions. Resolution CC-12-23-96-02/Transfer of Funds for the Mayor's Office was approved 7-0. Councilor Snyder moved to approve Resolution CC-12-23-96- 03/Transfer of Funds for the Street Department. Councilor Kirby seconded. The resolution was approved 7-0. The meeting was adjourned at 10:02 p.m. Reply sub~t~ Attest: