HomeMy WebLinkAboutCCM 04-15-1996City of Carmel
$L CITY COUNCIL MEETING AGmNDA
MONDAY, APRIL 15, 1996 -- 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUi~RE
Meeting Called to Order
1. Invocation
2. Pledge of Allegiance
3. Recognition of Outstanding Citizens/City Employees
Approval of Minutes
a. March 18, 1996
b. April 3, 1996
5. Recognition of Citizens Who Wish to Address the Council
Claims
a. $471,482.78
b. $ 9,344.75
c. $368,797.90
Payroll
Hand-written Checks
City Claims
7. Committee Special Reports
8. Old Business
Public Hearings
a. First Reading of Ordinance D-1204-96/An Ordinance
to
Amend Chapter 1 of the Carmel City Code (Repeal Shall
Not Revive Ordinances)/Mayor Brainard
First Reading of Ordinance D-1205-96/Additional
Appropriation from the General Fund - Department of
Administration Budget for $25,000/Mayor Brainard
First Reading of Ordinance D-1206-96/An Ordinance to
Amend Chapter 4 Article I Division 3 Section 4-26
(Door-to-Door Vendors) of the Carmel City Code/Mayor
Brainard
First Reading of Ordinance D-1207-96/An Ordinance to
Amend Chapter 2 Article 6 Division 1 Section 2-135
(Transfer of Funds) of the Carmel City Code/Mayor
Brainard
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
Carmel City Council Meeting Agenda
April 15, 1996
Page 2
10.
11.
12.
13.
New Business
a. Resolution 04-15-96-01/Transfer of $700 Within Budgeted
Clerk-Treasurer Funds for Furniture & Fixtures/Clerk-
Treasurer Cordray
Other
Announcements
Adjournment
CARMEL CITY COUNCIL MEETING MINTjTES
MONDAY, APRIL 15, 1996 -- 7:00 P.M.
Members present: Mayor Brainard, Councilors Kirby, Miller,
Battreall, Rundle, Snyder, Carter and Walker. Clerk Treasurer
Cordray and Chief Deputy Vandegriff also attended.
The Mayor called the meeting to order. He then asked Councilor
Miller to give the invocation. The Mayor led the Pledge of
Allegiance.
No outstanding citizens or employees were recognized.
Minutes: Councilor Battreall moved to accept the minutes of the
March 18 and April 3 meetings. Councilor Walker seconded. All
members voted AYE. The minutes were accepted.
Citizens Who Wish to Andtess the Council: Mr. Marvin Clingman
indicated that he would rather speak during the public hearing
for Ordinance D-1206-96.
Claims: Councilor Snyder moved to accept the claims for
$471,482.78 for payroll, $9,344.75 for hand-written checks, and
$368,797.90 for city claims. Councilor Rundle seconded. Councilor
Rundle mentioned the $50,000 claim for the Carmel Police
Department's firearms training simulator. He mentioned the
monies for the this came entirely from grants not taxpayer
dollars. All members voted AYE. The claims were accepted.
Committee Special Reports: Councilor Miller noted that Councilor
Battreall would serve as the Council's appointment to the Cable
TV Committee and the Councilor Rundle would serve on the Solid
Waste Committee.
There was no old business to be heard.
Public Hearings: The Mayor asked that Ordinance D-1204-96 not be
moved as he was not satisfied with it.
Councilor Carter moved to introduce Ordinance D-1205-96, for an
additional appropriation from the general fund for drug testing,
and open the public hearing. Councilor Walker seconded. The Mayor
explained that the federal government has mandated local
governments to hold random drug tests for individuals with a
commercial drivers license (CDL). The mandate does not apply to
public safety employees. In discussions with city department
heads, it was agreed to include public safety employees. It was
also agreed that random testing would be completed over a number
of years to include all city employees. The department heads
would also receiving training to identify employees with drug
and/or alcohol problems. The city must test all CDL holders this
year. The costs to test other employees will be an additional
$11,000 to $14,000 each year, over and above the additional
appropriation of $25,000 requested in this ordinance. Councilor
Carter asks that the ordinance be read. The Mayor read the
ordinance. The public hearing was opened and closed at 7:12 p.m.
Councilor Kirby hesitated to move beyond testing those with CDLs.
Random testing of all employees brings a set of problems the city
would become responsible for such as rehabilitation. The city
would not be able to terminate employees either. He stated he was
not certain if a city-wide testing program is a good idea and
stated a baseline screen was not necessary. Councilor Walker
said the city should demand a drug-free work place. He stated
that if someone is found to be ~dirty" on two occasions then that
be person should be terminated. Councilor Battreall disagrees
with baseline testing but has no problem with city-wide random
testing. The Mayor clarifies that the drug-testing is not a city-
wide endeavor and that it focuses only on those employees with
CDLs and public safety employees. Councilor Miller stated that
random drug testing is a deterent to drug use. He also said that
some companies may hire someone and then before they are placed
in a job require a pre-placement drug test. Councilor Carter said
that spending the additional $11,250 is worthwhile if it causes
drug-using employees to leave the city. He said the money spent
would more than make up for lost productivity and other potential
loses. He stated a baseline screen was necessary in his opinion.
He thinks Council should be tested, too. Councilor Rundle sees
this as a safety issue but wonders about the privacy issue. He
doesn't believe it is necessary to test the Council and thinks a
pre-employment screening is ok. Councilor Kirby inquired how many
employees hold CDLs. The Mayor responded 23 and noted that
Barbara Lan~b, Human Resources Director, could answer questions in
detail. As there was no motion to suspend the rules and act on D-
1205-96, the second reading will take place during the Monday,
May 6 meeting.
Councilor Miller moved to introduce Ordinance D-1206-96 to amend
the door-to-door ordinance. Councilor Carter seconded. Councilor
Battreall moved to waive the reading. There was no second. The
Mayor read the ordinance in its entirety. Essentially, all
solicitors are required to apply for a permit and supply bond.
Local schools are the only exemptions. Not-for-profits, per this
ordinance, would not be required to have licenses or establish
bond. Councilor Snyder moved to suspend the rules and act on the
ordinance. Councilor Carter seconded. Councilors Carter, Miller,
Battreall and Synder voted AYE. Councilors Kirby, Rundle and
Walker voted NAY. The motion did not pass. The second reading
will take place during the Monday, May 6 meeting. The public
hearing opened at 7:42 p.m. Marvin Clingman asked for a copy of
the ordinance which was provided. Mr. Clingman stated he was not
in favor of the ordinance because of all the bureacratic nonsense
of supplying a list of names of all of those who would be
soliticiting in order to receive a permit. He did praise the
extension of hours. Councilor Snyder responded there was a viable
reason for asking for the names of those who will be soliciting
and that it is a public safety issue. The Mayor closed the public
hearing at 7:49 p.m. Councilor Miller concurred with Councilor
Snyder about the public safety issues and concerns and states
that he will be supportive of the ordinance. Councilor Rundle
endorsed the comments of Councilor Snyder and Miller and agreed
that government's foremost responsibility is public safety and
that no hardship is placed on the entity requesting the permit.
Councilor Battreall said it is necessary to have a law on the
books. Councilor Kirby stated he had concerns about individuals
canvassing the community without credentials. Clerk Treasurer
Cordray shared a story about a woman who had contacted her six
weeks ago. A man soliciting without a permit knocked on her door
at 9 p.m. at night. The woman was terrified and wondered how this
could happen. Councilors Rundle and Walker stated they did not
support acting on the ordinance because Mr. Clingman asked for
time to review the ordinance to make comments. Councilor Carter
stated that the City Attorney advised him that this ordinance
comes close to that of other communities. Councilor Kirby
reiterated that identification is necessary.
Councilor Rundle moved to introduce Ordinance D-1207-96 to amend
the City Code section regarding the transfer of funds. Councilor
Snyder seconded. All members vote AYE to introduce the ordinance.
Councilor Walker moved to suspend the rules and act on the
ordinance tonight. Councilor Rundle seconded. Councilor Battreall
explains the ordinance would allow department heads and elected
officials to transfer funds between line items within the four
budget categories. Transfer between budget categories would still
need to be approved by the Council. The Mayor opened and closed
the public hearing at 8:02 p.m. Councilor Kirby offerred an
amendment to limit the dollar amount of the transfer to $25,000.
Councilor Battreall stated that he and the City Attorney had a
discussion about that and determined it would be easy to get
around a dollar amount. As there was no second, Councilor Kirby
moved to adopt the ordinance as written. Councilor Battreall
seconded. All members voted AYE. The ordinance passed.
The Mayor excused himself from the meeting at 8:10 p.m. and
turned the gavel over to Council President Miller.
New Business: Councilor Walker moved to approve Resolution CC-04-
15-96-01 for the transfer of $700 within the Clerk Treasurer's
budgeted funds. Councilor Kirby seconded. All members voted AYE.
The resolution passed.
Other: Councilor Miller read a memo from the City Attorney
regarding the placement of primary election signs. Candidates for
office can only place their signs on private property or at
polling places. Secondly, real estate signs are in violation if
they are placed over or on the right-of-way.
Announcements: Councilor Rundle expressed his pleasure with the
recent donation of 10 acres of land by Pro-Med Limited. The real
estate is adjacent to Meadowlark Park. Councilor Rundle stated
this information was in the most recent issue of the Carmel-Clay
Parks newsletter.
Councilor Walker moved to adjourn the meeting. Councilor Kirby
seconded.
Respectfully submitted,
Attest:
Approved,