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HomeMy WebLinkAboutCCM-12-01-97City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 1, 1997 --7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. 10. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES APPROVAL OF MINUTES a. November 17, 1997, Regular Meeting b. November 21, 1997, Executive Meeting RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL ACTION OF MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS OLD BUSINESS a. Second Reading Ordinance C-190/Annexation of Property (Timber Crest Bend Subdivision); Barry Barnes, Attorney for Petitioner *published in The Daily Ledger on November 6, 1997 b. Second Reading Ordinance D-1337-97/Adoption of Supplement to the Carmel City Code; Clerk-Treasurer Diana Cordray c. Second Reading Ordinance D-1338-97/Additional Appropriation for Hydrant Rental; General Fund to Board of Public Works Line Item #520-Hydrant Rental; $35,042.30 *published in The Daily Ledger on October 30, 1997 PUBLIC HEARING a. Second Reading Ordinance D-1339-97/Additional Appropriation for Purchase of Real Estate; General Fund to Board of Public Works Line Item #600-Land Acquisition; $2.6 million; Mayor James Brainard 11. First Reading Ordinance Z~324/Amendment to Provisions of the Zoning Ordinance which Relate to the U.S. Highway 31 Overlay Zone; Carmel Clay Plan Commission *published in The Daily Ledger on November 21, 1997 NEW BUSINESS a. First Reading Ordinance A-83/Water Utility Budget; Utilities Manager John Duffy b. First Reading Ordinance S-64/Sewer Utility Budget; Utilities Manager John Duffy c. Resolution CC-12-01-97-01/Transfer of Funds; $150 from Line Item #302 Office Supplies to Line Item #630 Furniture and Fixtures; City Court d. Resolution CC-12-01-97-02/Transfer of Funds; $9,000 from Line Item #475 General Insurance to Line Item #585 Special Census; Board of Public Works and Safety e. Resolution CC-12-01-97-03/Transfer of Funds; $1,500 from Line Item #100 Full Time Salaries to Line Item #632.01 Computer Hardware; $5,000 from Line Item #1 I0 Part Time Salaries to Line Item #632.01 Computer Hardware; $20,675 from Line Item #100 Full Time Salaries into Line Item #632.02 Computer Software; $2,500 from Line Item #370 Repair Parts into Line Item #630 Furniture and Fixtures; Communications Center f. Resolution CC-12-01-97-04/Resolntion Approving Payment of Construction Costs for Hazel Dell Parkway g. Resolution CC-12-01-97-05/Resolution Approving Land Acquisition for Central Park; Councilor Kevin Kirby h. Resolution CC-12-01-97-06/Transfer of Funds; $11,525 from the General Fund to Line Item #650-01 Motor Equipment; Police Department i. Ordinance D-1340-97/Amendment to Chapter 9, Article 3, Division V, Section 9-171 of the City Code (Sewer Fees); John Duffy, Utilities j. Ordinance D-1341:97/An Ordinance Approving an A~'eement for the Acquisition of Sewage Works, Setting Forth the Costs of the Works, Ordering the Acquisition of the Works and Setting Forth an Estimate of the Fees for the Users to be Served by the Works; John Duffy, Utilities k. Resolution CC-12-01-97-07/Transfer of Funds; $13,000 from Line Item #100 Full Time to Line Item #632-01 Hardware; Depamuent of Administration 1. Resolution CC-12-01-97-08/Transfer of Funds; $4,000 from Line Item #100 Full Time Regular Salaries and Wages to Line Item #570-04 Instructional Fees (External); Police Department m. Resolution CC-12-01-97-09/Transfer of Funds; $21,400 from Line Item #100 Full Time Regular Salaries and Wages to Line Item #632-02 Computer Equipment (Software); Police Departmc~nt n. Resolution CC-12-01-97-10/Transfer of Funds; $7,600 from Line Item #100 Full Time Regular Salaries and Wages to Line Item #515-02 Maintenance Contracts (Software); Police Department o. Ordinance D-1342-97/Amendment to Chapter 2, Article 3, Division V, Section 2-81 of the City Code; Chief Michael Fogarty, Police Department 12. 13. 14. OTHER ANNOUNCEMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, DECEMBER 1, 1997 --7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Council President Kevin Kirby, Councilors Jim Miller, Robert Battreall, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk- Treasurer Diana Cordray and Deputy Clerk Rebecca Wolf also attended. Mayor Brainard called the meeting to order at 7:01 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. APPROVAL OF MINUTES: Councilor Miller moved to approve the minutes of the November 17, 1997, regular meeting, and the November 2 I, 1997, executive meeting. Councilor Battreall seconded. The minutes were approved 7-0. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard stated the council had no time limit for those wishing to address the council, but asked speakers to limit their comments to a few minutes. Thomas Harlemm~, 11080 Willomere Drive, presented statistics of crime near or on the Monon Trail (Exhibit A). Judy Hagan, Carmel Clay Park Board President, thanked Councilor Snyder for her help moving the Parks Department offices. Ms. Hagan announced a community forum on the design of the Monon. CLAIMS: Councilor Snyder moved to approve claims in the following mounts: $2,015.31, $65,032.20, $530,588.75 and $460,231.96. Councilor Walker seconded. Councilor Kirby stated he wanted to receive the claims from the Clerk-Treasurer's Office at least a day in advance of the meeting so he would have time to review them before voting. Councilor Rundle agreed with Councilor Kirby. Clerk-Treasurer Cordray stated that the council received some of the claims late because of the holiday. She explained her intent in giving the claims to the council on such short notice was so the vendors could be paid. She stated that not approving these claims would keep the checks from being mailed for two weeks until the next meeting. Councilor Snyder withdrew her motion to approve the claims as one item. Councilor Walker withdrew his second. Councilor Snyder moved to approve general claims in the mnount of $460,231.96. Councilor Kirby stated these claims were general claims. Councilor Carter seconded. The motion was defeated 0-6. Councilor Snyder abstained. Clerk-Treasurer Cordray stated she could hold the checks until council members had reviewed the claims, if the council wanted to approve the claims on this contingency. Councilor Miller stated the council needed to look through claims before approving them in order to be fiscally responsible. Councilor Kirby stated they could approve them at the special meeting scheduled for December 13. Clerk- Treasurer Cordray stated that would not enable her office to get the checks to vendors may earlier than waiting until the regular meeting on December 15. Councilor Snyder moved to approve claims in the amount of $2,015.31. Councilor Rundle seconded. The claims were approved 5-1. Councilor Battmall voted no. Councilor Snyder abstained. Councilor Snyder moved to approve payroll claims in the amount of $530,588.75. Councilor Rundle seconded. Payroll claims were approved 7-0. Councilor Snyder moved to approve general claims in the amount of $65,032.20. Councilor Rundle seconded. General claims were approved 7-0. COMMITTEE REPORTS: Councilor Battreall stated the Cable TV Advisory Committee would be having a special meeting in January to discuss a rate increase. He stated this meeting would be open to the public. OLD BUSINESS: Mayor Brainard explained Ordinance C-190. an ordinance annexing property adjacent to Timber Crest Bend Subdivision. Councilor Rundle verified that the council district was written on the original ordinance. Ordinance C-190 was approved 7-0. Mayor Brainard stated Ordinance D-1337-97. adoption of the supplement to the Cannel City Code was a "housekeeping ordinance." Ordinance D-1337-97 was approved 7-0. Mayor Brainard announced Ordinance D-1338-97. an additional a~npropriation for hydrant rental ($35.042.30 from the General Fund to Line Ite~n 520-Hydrant Rentals). Utilities Manager John Duffy explained the projections the Utilities Department made for the extra hydrant expenses did not get into the 1997 budget. Councilor Rundle asked if the appropriation was necessary. Mr. Duffy stated that not appropriating the money would not bankrupt the utility, but that the appropriation was appropriate because the fees were set up via ordinance. The mayor stated the utilities were closely regulated by the IURC. Ordinance D-1338-97 was approved 7-0. PUBLIC HEARING: Mayor Brainard announced Ordinance D-1339-97. an additional appropriation for the purchase of real estate ($2.6 million from the General Fund to the BPW Line Item #600-Land Acquisition) and stated it was for the old Kroger building on Range Line Road. He explained the city planned to recoup money from the sale after adding infrastructure. He also stated the city would be able to collect taxes as a result of the process, relieving the burden of other tax bases. The mayor opened the public hearing at 7:26 p.m. Seeing no one from the public who wished to speak, the mayor closed the public hearing at the same time. Councilor Miller stated he agreed with the purchase because the city needed to show it was serious about this project. Councilor Kirby stated he w~as in favor of the Carmel City Center project, but was opposed to this appropriation. He stated he supported the financing package he had seen so far, but that this particular expenditure was not a public-private venture because no one had signed to buy the land. Councilor Kirby stated this purchase would put the city in the development business because it would be speculating with public money on a piece of private property. He explained the purchase also would put the city in an unfavorable bargaining position. Councilor Kirby stated the city should wait until a business has signed before pumhasing the land. Councilor Rundle stated he believed this purchase was the first step in a complicated, yet visionary plan for Cannel. He stated that the risks of this kind of purchase in Carmel were Iow. Councilor Rundle explained the city would have to loan itself money from the General Fund until the city could get a bond issue approved. Councilor Kirby stated that if the clerk-treasurer invested in something this risky, she probably would go to jail. Councilor Snyder explained the city must get two appraisals of the property before it could purchase the land. Mayor Brainard stated the Burrell Appraisal Company and the offices of Wil Stump had completed appraisals on the property. Ordinance D-1339-97 was approved 6-1. Councilor Kirby voted no. Councilor Battreall moved to introduce Ordinance Z-324. an amendment to provisions of the Zoning Ordinance relating to the US Highway 31 Overlay Zone. Councilor Snyder seconded. Paul Spranger, chairman of the US 31 Corridor Task Fome, commended Councilors Snyder, Kirby and Carter on their efforts as part of the task rome. Mr. Spranger explained the process by which the ordinance was developed. Mayor Brainard opened the public hearing at 7:38 p.m. and asked those speaking to please state their names and addresses. Phillip A. Nicely, 8888 Keystone at the Crossing, stated he was the attorney representing Steve Valinet and Duke Realty Investment, Inc., two of the property owners in the overlay zone. He stated he and his clients were unaware of changes in the proposed ordinance until the last minute. Mr. Nicely stated that Ordinance Z-324 would frustrate the city's plan to foster quality development in the overlay zone because most development would have to occur as a P.U.D. He stated that this ordinance was not fair to those who owned much land in the overlay zone. Councilor Carter moved to waive the reading of Ordinance Z-324. Councilor Battreall seconded. The reading was waived 7-0. Councilor Battreall asked to keep the public hearing open during council discussion. Mayor Brainard stated the public hearing would remain open. Councilor Battreall and Mr. Spranger discussed which proposals for development in the Meridian Corridor would meet the specifications of this ordinance. Mr. Spranger stated that most current proposals were acceptable but that this ordinance was written to prevent one-story structures. He explained that the task force had studied whether to have amenities in the corridor. He also stated that this ordinance would cause new structures to conform to the existing look of the corridor, prohibiting development such as strip malls on only two or three acres of land. Councilor Battreall stated this ordinance was exactly what the council had requested. He commended Mr. Spranger and the task fome for their work. Mayor Brainard stated that the plan commission soon may be considering the Old Meridian Corridor for retail development that isn't desired in the overlay zone. Councilor Miller stated that when Illinois and Pennsylvania streets are extended, they will be a good place for smaller dex(elopments. Mr. Nicely stated he and his clients also were in favor of quality development, but wanted to know how many developments could occur under this ordinance. Councilor Snyder explained that the task force had looked at the corridor parcel by parcel and adjacent parcel by adjacent parcel. She stated this ordinance would not restrict parking, and that amenities were not a real issue for the overlay zone. Councilor Snyder also stated that several existing buildings in the overlay zone would not be able to be built if they came in with proposals under this ordinance. Councilor Carter stated Mr. Nicely and his clients had no right to state they were unaware of the changes made to the ordinance because they had sent representatives to all the meetings. He also stated he was against putting single-stop businesses along the corridor as some people wanted, which would give the overlay zone the same look as Kokomo. Mr. Spranger stated a representative of Duke Realty attended the last revision of the ordinance. Councilor Kirby commended the plan commission for putting together the ordinance. Mr. Spranger stated the plan commission sent the ordinance to the council by a unanimous vote. Councilor Snyder praised Mike Hollibaugh of the Department of Community Services for his commitment to the development of this ordinance. Mr. Spranger also commended Mike Hollibaugh and the rest of the DOCS staff. Mayor Brainard asked if anyone else from the public wished to speak. Seeing no one, he closed the public hearing at 8:13 p.m. The council recessed until 8:25 p.m. NEW BUSINESS: Councilor Miller moved to introduce Ordinance A-83. the water utility budget. Councilor Rundle seconded. Utilities Manager John Duffy explained this year's budget was 5.58 pement higher than the 1997 budget. He explained this was because of growth and because the utility had not asked for a large increase in three years. Mr. Duffy clarified this budget increase did not include a rate increase. He stated that the operating budget was 0.78 pement lower than the previous budget. Councilor Rundle complimented Mr. Duffy on the presentation of the budget. Mr. Duffy stated the State Board of Accounts required utilities to provide detailed accounting and that he had a good staff. Councilor Walker asked Mr. Duffy if there would be a water rate decrease. Mr. Duffy stated his department had projected rates through 2001 and didn't see any need for a rate increase, but that many issues would need to be considered before going before the Indiana Utility Regulatory Commission. Ordinance A-83 was carried over to the next meeting. Councilor Walker moved to introduce Ordinance S-64. the sewer utility budget. Councilor Battreall seconded. Utilities Manager John Duffy explained this year's budget was a 2.75 percent increase from the 1997 budget. He stated this included growth and the proposed purchase of the Hamilton Western Utilities. Mr. Duffy explained the budget reflected an increase in collection costs and a decrease in costs at the wastewater treatment plant. Mayor Brainard asked Mr. Duffy how Carmel's utilities compared to others. Mr. Duffy stated that for residential services the water rates were between 3 and 6 percent lower than other community's rates and that the sewer rates for non-combined sewers could be as much as 10 percent lower. Ordinance S-64 was carried over to the next meeting. Councilor Battreall introduced Resolution CC-12-01-~J7-01. transfer of funds by the Carmel City Court: $150 from Line Item #302 Office Supplies to Line Item #630 Furniture and Fixtures. Councilor Walker seconded. Councilor Miller stated he was not happy to see so many requests to transfer funds on the agenda. He explained it looked as if the departments were trying to find any reason to transfer money so they wouldn't lose it. He stated this was setting a bad precedent. Mayor Brainard stated that all executive departments had been projected to spend less money than they had budgeted. He explained that department heads faced several complications when they made the 1997 budgets, one being that this year had an additional pay period which happened about once every 15 years. He also stated that budgets are required to be put together far in advance, which makes it challenging for the department directors. Councilor Battreall stated that this didn't make much sense since most of the money being transferred was coming out of the salaries line item. He stated he did not like to see large amounts of money being transferred at the last minute. Clerk-Treasurer Cordray stated that her office had set December 15, 1997, as the deadline for 1997 transfers and encumbrances to be received by her office, and that this is why so many transfers were on the agenda. Councilor Battreall stated he wasn't concerned about when they were on the agenda, but about the amount of money involved. Resolution CC-12-01-97-01 was approved 7-0. Mayor Brainard asked that Resolution CC-12-01-97-02. transfer of funds for a special census, not be introduced because the city was not going to conduct a special census. The mayor stated that after financial review, a special census did not make fiscal sense. Mayor Brainard announced Resolution CC-12-01-97-03. transfer of funds by the Communications Center. $1.500 from Line Item #100 Full Time Salaries to Line Item #632.01 Computer Hardware: $5.000 from Line Item #110 Part Time Salaries to Line Item #632.0l Computer Hardware: $20.675. from Line Item #100 Full Time Salaries into Line Item #632.02 Computer Software: $2.500 from Line Item #370 Repair Parts into Line Item #630 Furniture and Fixtures. Communications Center Director Jim Kinder explained he had the money available to transfer because of several positions in his department that were left open longer than he had expected. He stated the transfers would enable the city to upgrade its e-mail from Eudora to Microsoft Exchange and add two needed terminals/software for staff in his department. Resolution CC-12-01-97~03 was approved 7-0. Mayor Brainard announced Resolution CC-12-01-97-04. a_nproval of pa_vment of Hazel Dell Parkway construction costs. Councilor Kirby moved to approve the resolution. Councilor Battreall seconded. Councilor Miller asked if the project was ahead of schedule. Mayor Brainard stated he believed this was correct. Councilor Rundle explained that the council was approving about $950,000 in construction costs for Hazel Dell Parkway. Resolution CC-12-01-97-04 was approved 7-0. Councilor Carter moved to introduce Resolution CC- 12-01-97-05. a~nproval of land acquisition for a central park. Councilor Battreall seconded. Judy Hagan, director of the Carmel Clay Park Board, stated the board would present options to the council at its next meeting of how the land acquisition would be funded. Councilors Carter, Kirby and Battreall discussed whether the township should consider a bond issue. Ms. Hagan stated the board would be researching options. Resolution CC-12-01-97-05 was approved 7-0. Mayor Brainard announced Resolution CC-12-01-97-06. transfer of funds by the Police Department from the General Fund to Line Item #650-01 Motor Equipment ($11.525). Councilor Kirby questioned whether money could be transferred from the General Fund to a line item without an additional appropriation. Mayor Brainard explained that this kind of transfer was an exception to the statute, but he would have the city attorney research the question again. He explained the $11,525 was an insurance reimbursement check for a wrecked police vehicle. Clerk-Treasurer Cordray stated that the State Board of Accounts required the money to be deposited into the General Fund before being sent out as a reimbursement. Councilor Battreall moved to approve the resolution. Councilor Carter seconded. Resolution CC-12-01-97-06 was approved 7-0. Mayor Brainard announced Ordinance D-1340-97. an amendment to Section 9-171 of the City Code to set sewer fees. Mr. Duffy explained the ordinance was a result of the utility's intent to purchase Hamilton Western Utilities. He stated this ordinance was to set sewer rates for those customers outside of the city limits, but that it would not affect the rates of customers already served by Carmel Utilities. Councilor Battreall moved to introduce the ordinance. Councilor Carter seconded. Councilor Carter moved to waive the reading of the ordinance. Councilor Battreall seconded. The reading was waived 7-0. Ordinance D-1340-97 was carded over to the next meeting at which the public hearing will be held. Mayor Brainard announced Ordinance D-1341-97.. an ordinance a~nproving an A~eement for the Acquisition of Sewage Works. setting forth the costs of the works, ordering the acquisition of the works and setting forth an estimate of the fees for the users to be served by the works. Mayor Brainard explained the ordinance was to approve Carmel Utilities' purchase of Hamilton Western for $2,975,000. He stated that Carmel Utilities already processed the sewage from Hamilton Western, and therefore, this would not change customers' rates. Mr. Dully stated that no new lines would need to be run to Hamilton Western because the infrastructure already was in place. He stated he didn't expect much modification to be needed. Mr. Dully stated that pending final inspection, the sewers seemed to be in good shape and were relatively new. Mayor Brainard commended Mr. Duffy for the wastewater treatment plant's good service and the award it had received earlier this year. Councilor Battreall stated this acquisition looked like a good move for the city. Councilor Rundle thanked Mr. Duffy for addressing the quality of the facility. Ordinance D-1341-97 was carried over to the next meeting. Mayor Brainard announced Resolution CC-12-01-97-07. transfer of funds for the'Department of Administration from Line Item #100 Full Time to Line Item #632-01 Hardware ($13.000). The mayor introduced Terry Crockett, the city's new MIS director. Mr. Crockett explained the money was available to be transferred because several positions weren't filled by the expected date. He stated the money being transferred was for a firewall to protect the city's information and to create a back-up procedure for the server. Mr. Crockett explained that the firewall, which was comprised of hardware and software, would prevent unauthorized access of the city's information by way of the interact. Councilor Rundle stated he saw this transfer as fully justified. Councilor B attreall asked Mr. Crockett his assessment of the city's hardware situation. Mr. Crockett stated the city was reasonably close to having a decent system. He stated that the GIS server may need a few upgrades, but saw no major outTof-the-blue expenses for the next year. He thanked the department heads who had transferred funds to achieve this project. Councilor Kirby stated that Resolutions CC-12-01-97-07 through CC-12-01-97~10 could be approved at once. He moved to do so. Councilor Miller seconded. Resolutions CC-12-01-97-07 through CC-12-01-97- 10 were approved 7-0. Resolutions CC-12-01-97-08 through CC-12-01~97-10 are as follo~vs: Resolution CC-12-01-97-08, Transfer of Funds; $4,000 from Line Item #100 Full Time Regular Salaries and Wages to Line Item #570-04 Instructional Fees (External); Police Department Resolution CC-12-01-97-09, Transfer of Funds; $21,400 from Line Item #I00 Full Time Regular Salaries and Wages to Line Item #632-02 Computer Equipment (Software); Police Department Resolution CC-12-01-97-10, Transfer of Funds; $7,600 from Line Item #I00 Full Time Regular Salaries and Wages to Line Item #515-02 Maintenance Contracts (Software); Police Department. Councilor Kirby moved to introduce Ordinance D-1342-97. an amendment to Section 2-81 of the City Code (Master Police Officer). Councilor Snyder seconded. Asst. Chief of Police Tim Green explained the money had been approved to pay the Master Police Officers during the budget process. Clerk-Treasurer Cordray stated this ordinance added a job description to the position of Master Police Officer so those fitting the description could be paid as determined in the code. Councilor Walker moved to introduce the ordinance. Councilor Battreall seconded. Ordinance D- 1_342-97 was carried over to the next meeting. ANNOUNCEMENTS: Councilor Snyder acknowledged the death of Clay Township Trustee John Hensel. She stated she hoped his replacement will continue the good working relationship the township has with the city. She stated Mr. Hensel would be missed. Mayor Brainard discussed work being done in Old Town Cannel. The meeting was adjourned at 9:30 p.m. Respf~.ct fully submitted, //