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HomeMy WebLinkAboutCCM-08-05-96City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, AUGUST 5, 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. July 15, 1996, City Council Meeting 5. Recognition of Citizens Who Wish to Address the Council 6. Action of Mayoral Vetoes 7. Claims 8. Committee Reports 9. Old Business 10. Public Hearings a. First Reading and Public Hearing/Pre-Adoption 1997 Budget D-1228-96 D-1229-96 D-1230-96 D-1231-96 D-1232-96 D-1233-96 D-1234-96 D-1235-96 D-1236-96 D-1237-96 D-1238-96 D-1239-96 General Fund $19,026,631.00 ~ $2,265,605.00 Local Road and Street $124,000.00 Cum Cap Improvement $62,000.00 Cum Cap Sewer $31,000.00 Law Enf Cont Educ $3,000.00 Cum Cap Development $240,000.00 General Obligation $83,153.00 Lease/Rental $1,214,728.00 Police Pension $227,672.00 Fire Pension $357,904.00 Law Enf Aid Fund VII $327,400.00 Total $23,963,093.00 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 11. 12. 13. 14. New Business a. First Reading Ordinance D-1227-96/Additional Appropriation from the General Fund to Line Item 632 - Computer Equipment/Mayor Brainard Other a. Town of Westfield's Request for Approval to Annex Parcels Announcements Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, AUGUST 5, 1996 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / 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 7:07 p.m. Miller gave the invocation. The mayor led the pledge of allegiance. Councilor Approval of Minutes: Councilor Rundle motioned to approve the minutes of the July 15, 1996, meeting. Councilor Battreall seconded. All men,hers voted AYE. The minutes were approved. The mayor announced that earlier that day an unknown person or persons opened several fire hydrants in Carmel and Westfield. He explained the reduction in water pressure could have been dangerous had the fire department needed to use the water, but that city and town employees handled the situation without any problem. He warned citizens to keep an eye on their hydrants. Recognition of Outstanding Citizens/City Employees: Councilor Carter recognized Councilor Walker for his involvement in the Carmel Clay Community Drug Task Force and presented the council with petitions in support of the effort signed by members of the Carmel Rotary Club. Recognition of Citizens Who Wish to Address the Council: Dick Frost, 507 Stonehenge Drive, informed council members they couldn't run the city as efficiently as a business. Claims: Mayor Brainard stated the Add-On claim was from the city's accountant and gave a history of accounting services with the city. Several councilors expressed confusion about the voucher and asked for clarification. Clerk-Treasurer Cordray explained she had given them additional information because it was an Add-On Item and that the claim was not on the previous agenda due to insufficient documentation. Councilor Battreall moved to enter the claim. Councilor Walker seconded. Ail councilors voted AYE. The claim was approved. Public Hearings: The Mayor introduced the city budget (agenda item 10a), Ordinances D-1228-96, D-1229-96, D-1230-96, D-1231-96, D-1232-96, D-1233-96, D-1234-96, D-1235-96, D-1236-96, D-1237-96, D-1238-96 and D-1239-96. He discussed the history of the budget, and explained why certain items increased from last year. Councilor Battreall motioned to introduce the ordinances as itemized on the agenda. Councilor Walker seconded. The mayor then opened the public hearing. Alan Potasnik, 572 Melark Drive, asked council members if they had given enough consideration as to how they planned to use taxpayers' money, specifically mentioning the proposed 26 percent increase in the General Fund and the proposed 21 percent overall increase in the budget. He expressed concern about the increase in size of local government that would occur, the department of law, the department of administration and the increase in safety officers. Dick Frost, 507 Stonehenge Drive, questioned whether extra money was spent due to the length of the Clerk-Treasurer's public notice about the budget. Tom Kendall, 11818 Gray Road, expressed concern about the amount of money being budgeted for legal services, the department of administration and the use of a headhunter to fill the Director of Parks and Recreation position. Carmel Clay Parks Board President Judy Hagan, 10946 Spring Mill Lane, explained the Parks Department was paying the headhunter a reduced fee because of the efforts of the city's Human Resources Department. Richard Hayes, 9720 Lakeshore Drive E., expressed concern about the increased budget and the amount budgeted for legal fees. The mayor closed the public hearing at 8:06 p.m. Councilor Rundle asked City Attorney Deb Grisham to speak about her department and legal fees charged to the city. Grisham stated she was unaware of any legal fees being charged outside of her department. Councilor Carter stated the only departments in addition to the City Attorney's Office that had budgets for legal fees were the Clerk-Treasurer's Office and City Council. Councilor Carter also stated he believed having in-house attorneys will save the city money because they can more thoroughly examine contracts which will lead to better quality control. Councilor Kirby stated he was uncomfortable with the size of the budget, but that all department heads made good presentations. He stated he couldn't find a way to justify reducing the budget, but that he disagreed with the large attorney fees budgeted. Councilor Snyder explained she plans to keep watch on the Attorney's Office and the Office of Administration. The mayor informed the council, by law, it must wait until the next meeting to take action. The budget was carried over to the next meeting. Councilor Battreall then introduced and read Resolution CC-08-19- 96-01, a resolution to set the 1997 general fund tax levy. Councilor Snyder asked if Councilor Battreall was reading the resolution to put it on the next meeting's agenda. Councilor Battreall stated he wanted the resolution to be placed under new business at the present meeting. Clerk-Treasurer Cordray informed the council she had received no notice of this item being introduced prior to this meeting. Therefore, it had not received public notice. Councilor Rundle asked how the resolution could be introduced and considered as a first reading without having been placed on the agenda. The mayor stated the suggestion was to introduce it and then hold it over until next week. He said this would meet all legal requirements for a resolution. He explained to the council that resolutions aren't the same as ordinances; resolutions are nothing more than a sense of the council, while an ordinance becomes law. Mayor Brainard stated that anything can be introduced without being on the agenda. For example, a council member could introduce an ordinance or an amendment to an ordinance at anytime. Councilor Carter seconded Councilor Battreall's motion to introduce the resolution. Councilor Carter made a motion to table the resolution until the next meeting. Councilor Walker seconded. All members voted AYE. The motion was tabled until the August 19, 1996, meeting. Councilor Walker questioned how the council could table an item that didn't exist. Councilor Kirby stated the council should have taken a vote on whether the resolution should have been introduced and then taken a vote on whether to table it. He suggested the council vote on whether to introduce the resolution. Council Carter stated he thought the tabling motion took precedence over the introduction vote. The mayor suggested the council take a 10-minute recess at 8:30 p.m. The council reconvened at 8:40 p.m. The council decided to leave the item officially tabled until the next meeting. Councilor Carter read and introduced item lla, the first reading of Ordinance D-1227-96, Additional Appropriation to Line Item 632. Councilor Battreall seconded the motion. Mayor Brainard opened and closed the public hearing at 8:44 p.m. The mayor then carried the item to the next meeting. Mayor Brainard introduced agenda item 12a, the Town of Westfield's Request for Annexation of Property within three linear miles of Carmel. Councilor Battreall moved to approve the annexation. Councilor Carter seconded. Attorney Grisham informed the council it could approve the annexation with just a verbal resolution. Councilor Walker asked who would take care of the streets affected by the annexation. Grisham explained her department is working with Hamilton County Attorney Mike Howard to determine how to handle roads involved in annexations. For this particular annexation, however, none of the properties come close enough to the road to cause an issue (see attachment). Walker motioned to amend the original motion to be conditional on the annexation not affecting the roads, and if it does, Carmel would work out the situation with Westfield. Carter seconded. All members voted AYE. The amendment passed. All members voted AYE to approve the annexation. The annexation was approved. Clerk-Treasurer Cordray informed the council it needed to approve a schedule change for September. Councilor Miller moved to have the two monthly city council meetings September 3 and 24. Councilor Walker seconded. All members voted AYE. The schedule change was approved. Mayor Brainard adjourned the meeting at 9 p.m. Attest: Respectfully submitted, CHURCH, CHURCH, HITTE£ & ANTRIM ATTORNEYS AT LAW NOBLESVILLE:, INDIANA 46060 August 6, 1996 Ms. Deb Grisham, Esq. Carmel City Attorney One Civic Square Carmel, IN 46032 Dear Ms. Grisham: I am writing regarding the Westfield annexation issues on 146th Street. As I have been made aware the Council last night gave the Town of Westfield permission to annex the properties presented to them with the proviso that none of Westfield's annexations would impact the right-of-ways along 146th Street. Our annexations have absolutely no effect on the right-of- ways established along 146th Street. As a matter of fact the Town of Westfield returned the right-of-ways along 146th Street to the County throughout Washington Township. It is also my understanding that the City of Carmel passed a similar resolution in order for the County to orchestrate the traffic issues involved along 146th Street throughout the County. Please feel free to contact me regarding this or any other matters. Sincerely, CHUR~TRCH, HITTLE & ANTRIM By: Brian J. Zaiger BJZ:aa TOWN OF WESTFIELD June 28, 1996 CLERK-TREASURER TERESA A. C~rls Hqnorable James Brainard Mayor of:Carmel Oni~ Civic Square Carmel; Indiana:46032-~ Dear Mayor Jim, The Westfield Town Council is contemplating annexing certain land parcels that 'are locate~t within three miles of the corporate limits of the City of Carmel. 1~ have attached maps indicating the location of these parcels. I can provide legal desc/'iptions of these parcels if you would like, but I have always found it easier to visually locate these parcels on a map. · The owners of these parcels are requesting voluntary annexation to'the To~vn of ~-W, estfield. 1. Parcel shown on map (page 51) as owned by James Woods (35.9 acres): located at Dartown Road and St. Rd 32 2. Parcel shown on map (page 52) as owned by Floral Park Cemetery (114 acres) located at Shady Nook Rd. and St. Rd 32 3. Parcel shown on map (page 52) as owned by Keith & Beverly Whicker ............... ()96_.4 a.~res)~lo.cat. Le~a.t .S.h, ad~',_._N~o._olLRd:~_a~n_d St.:_Rd_._32~ ~ .. 4. Parcel shown on map (page 55) as owned by R. Wil£ong (13.1 acres) and Donald and Doris Duke (7.836 acres) that is located on the northwest corner of 146th street and highway U.S.31. In accordance with the provisions oflC 36-4-3-9 we are hereby requesting approval by the Carmel City Council to allow the Town of Westfield to annex these areas. I would appreciate it if these requests could be added to your next council Agenda. cmlanx02 .doc.i:winward:diana 130 Penn Street · Westfield, 1N 46074 · (317) 896-5577 · Fax (317) 896-2791 I am available to meet with you or your Council to answer any questions regarding this request. Sincerely, Jer~y Rosenberger Town Manager 317-867-2222 cc: V' Rebecca Wolf, Clerk Treasurer Office Attachment; Maps with locations highlighted of' requested parcels for annexation cmlanx02.doc.i:winward:dia na HAMILTON COUNTY, INDIANA T. lgN - R.3E - .~ ADAMS TWp. SOUTHEAST ~ ] SEE PAGE 21 Carey & J&C. ~ Carey Inc. ~arey & Sons, thc. 78 AC :,-: Carey & ~ c SonsJnc. Elizabeth , , - Carey & 'Laura~ N. Modord 24 Moore,Tr. Dennis 80 AC George 57 AC Howard 77.8 AC ~ Harvey Madon Harvsy &Reba et a~ Osaburne 40 AC 80 AC Amedcan Aghea National Ca,in Bk .& Tr. L.E. 38 AC 40 AC 37.9 AC Guft~an I Paul & Jane ~ Mary Catlin t Elizabeth 40 AC Bray& Mary Drexler 80 AC 80 AC Gregow RouOebuab 75,9 AC I Paul & Bet~y J & K 20; Thompson Hunt AC I 76.9AC Paul & Jane Leslie & CatJin Virginia 48. I AC Wheeler 75.5 AC L&J, 51 Ogle AC 28 AC Hildred Wood ~ ~ 51AC ~z~ 40 AC I © G~-W.P.CJ 1992, SEE PAGE 55 LSCALE OF MILES 1/2 0 660 1320 1980 ~80 Patdck Hester & Annie Stewart Sums 28AC I 80AC Cad Steele Hazel 108.3 AC Ila Grins=etd Ralph & De~ores Deckard 63.5 AC Sonny Emerick 80 AC i<~ i~4^, ~o' I ' ~ D&W Wheeler I~< ! o 7 Farms Farms 43 AC Philip & Helen Bray 45 AC Philip & Helen William Bray Pace 29.6 AC 40 AC Thunder Island,thc. 35 AC Thunder Fields 33.6 AC Nellie Jessup 39.9 AC 3ENTER 51 52 0 SCALE OF MILES I~2 1 WASHINGTON TWP. -- NORTHEAST HAMILTONCQUNTY, INDIANA T. 19N-R.4E 0 668 1320 1980 2640 SCALE OF FEET 5280 ~ ~ ~ 'JACKSON TWI~. ~U'~'HWEST SEE PAGE 35 JACKSON TWP. SOUTHWEST & Leann~ ~ ~ 'O° J i m ~ ~ ~ s~ r ~=< ~ 52.3 AC j H* C. ~~~_~=_~ .... ~,~ ............. . ~ AC ~ ~ ~2,. *C ~ Joseph Leanna 800-537-6644 T18N ~.~.-WASHINGTON TWP. SOUTHEAST ©G.M-W.?.CI 199~, 1994 ~w SEE PAGE 56 WASHINGTON TWP. SOUTHEAST ~' WASHINGTON TWP.--SOUTH CENTER 0 SCALE OF'MILES 1/2 1 0 660 1320 1980 2640 SCALE OF FEET 5280 IN"--~ WASHfNGTON TWp. NORTH CENTER SEE PAGE 51 WASHII 32; I IJosiahFranklinBasser~9~ ~ ~ ] CentraHnala.a.r~ E: /'i ~ ~ MaCE F:~rs 3osiah ~ ~ Joo¢' h E 76 35 ; 72,9 75 John Jay & Eleanor Lang 149,2 Steven & Clova C~k Lohr40 I Eiiza~e[hco~e~ Hawodh98 ~ 39.5 30 Walker Emmett & Wilderness Field Inc. Reynold 54.3 [ W.T.I J.F.i Lurie Inc.42 al , 37 Overman T. Lacey 5 ! 654 & Dolores Jack & Waggoner 40 Howard & Dolores Peterson 39 Carmel 39 . ~ -- --J,~146TH,ST~ McKinney 160 sec, 6 sec. 7 Ralph lO0 800-537-6644 Fioyd ~ Ressler w 63.5 SEE PAGE 25