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HomeMy WebLinkAboutCCM-12-15-97City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 15, 1997 --7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES APPROVAL OF MINUTES a. December 1, 1997, Regular 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 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 b. Second Reading Ordinance A-83/Water Utility Budget; Utilities Manager John Dully c. Second Reading Ordinance S-64/Sewer Utility Budget; Utilities Manager John Duffy d. Second Reading Ordinance D-1341-97/An Ordinance Approving an Agreement 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 e. Second Reading Ordinance D-1342-97/Amendment to Chapter 2, Article 3, Division V, Section 2-81 of the City Code; Chief Michael Fogarty, Police Department ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. 11. 12. 13. 14. PUBLIC HEARING a. Second Reading Ordinance D~1340-97/Amendment to Chapter 9, Article 3, Division V, Section 9-171 of the City Code (Sewer Fees); John Dully, Utilities *published in The Daily Ledger on December 5, 1997 NEW BUSINESS a. Resolution CC-12-15-97-01/Transfer of Funds; $153 from Line Item #406 Recording Fees into Line Item #430.02 Training and Travel; City Court b. First Reading Ordinance D-1343-97/Amendment to Ordinance D-1314-97 (Making City Attorney's Bi-Weekly Salary Based on 37.5 Hours per Week); Doug Haney, Department of Law c. First Reading Ordinance D-1350-97/Amendment to Park Joinder Agreement; Council President Kevin Kirby d. First Reading Ordinance D-1344-97/Amendment to Section 2-45 o£the Carmel City Code (Family IllnessfBereavemant Leave); Barbara Lamb, Human Resources e. First Reading Ordinance D-1345-97/Amendment to Section 2-49 of the Carmel City Code (Holiday Pay); Barbara Lamb, Human Resources f. First Reading Ordinance D~1346-97/Establishment of Work and Wage Guidelines for City Employees in Cases where the City is Closed Due to Unforeseen Circumstances (Section 2-53, Carmel City Code); Barbara Lamb, Human Resources OTHER a. Establishment of Carmel City Council Meeting Schedule for 1998 ANNOUNCEMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, DECEMBER 15, 1997 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Councilor President Kevin Kirby, Councilors Robert Battreall, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerk Rebecca Wolf also attended. Councilor Jim Miller was absent. Mayor Brainard called the meeting to order at 7 p.m. Councilor Carter gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS: Mayor Brainard presented the Volunteer Key of the City award to Irvin Brengle, leader of Boy Scout Troop #131. Dave Bardos and Rev. Sanders, former pastor of Carmel United Methodist Church, commended Mr. Brengle on 30 years of service in the scouts. APPROVAL OF MINUTES: Councilor Rundle moved to approve the minutes of the December 1, 1997, regular meeting. Councilor Walker seconded. The minutes were approved 6- 0. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard stated the council did not have official procedures on how long member of the public could speak, but asked citizens to limit their comments to five minutes. Beunanne Twigg, Plum Creek North, spoke in favor of the city hiring/training an animal control officer. C.vnthia Compton, 13838 Silver Stream Drive, asked the mayor to comment on the city's intentions about annexing part of western Clay Township. Mayor Brainard explained the city had no intentions of annexing anything quickly. He stated the lawsuit from last year's annexation attempt was still pending, and that neither side had asked it to be set for trial. He stated both sides were exploring settlement options. Ms. Compton asked if th? purchase of Hamilton Western Utilities was linked to an annexation attempt. Mayor Brainard explained that the rates of residents in the township currently being served by Hamilton Western would be about $240 higher than the rates of residents within city limits. He explained that if residents receiving the higher rates decided to be annexed, they would receive the lower city rate. CLAIMS: Councilor Snyder moved to approve the following claims: $792,724.50 $322,300 $563,182.69 $460,231.96 General Claims Hazel Dell Claims Payroll General Claims (tabled at previous meeting) Councilor Rundle seconded the motion. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Battreall announced that a Cable TV Advisory Committee meeting would be held on January 21, 1998, to discuss the rate increase and other issues. OLD BUSINESS: Councilor Carter moved to waive the reading of Ordinance Z-324. an amendment to provisions of the Zoning Ordinance relating to the US Highway 31 Overlay Zone. Councilor Kirby seconded. The reading was waived 6-0. Mayor Brainard stated that Paul Spranger, US 31 Overlay Zone Task Fome chairman, and Plan Commission President Tom Thompson were present. Ordinance Z-324 was approved 6-0. Mayor Brainard announced Ordinance A-83. the water utili _ty budget. Ordinance A-83 was approved 6-0. Mayor Brainard announced Ordinance S-64. the sewer utility budget. Ordinance S-64 was approved 6-0. Mayor Brainard recommended holding Ordinance D-1341-97. an ordinance approving an Agreement for the Acquisition of Sewage Works. etc. until after the public hearing on Ordinance D-1340-97, an amendment to Section 9-171 of the City Code to set sewer fees. Councilor Rundle suggested the ordinance appeared on the agenda in the logical order. Mayor Brainard agreed. Councilor Rundle moved to waive the reading of Ordinance D-1341-97. Councilor Snyder seconded. The reading was waived 6-0. Mayor Brainard stated that Mike Claytor of Crowe Chizek and Brian Howton of Jones and Henry were present to answer question. Utilities Manager John Duffy explained that this ordinance was to approve an agreement to purchase Hamilton Western Utilities. He stated that Ordinance D-1340-97 was to establish rates for the purchased utilities. Mr. Duffy stated that Hamilton Westem's sewers were in good condition and saw the purchase as a good business move. Councilor Rundle stated the purchase was good for the city. Mr. Duffy stated the purchase did not compromise the capital improvement plan of the plant. Councilor Carter verified that Mr. Duffy's assessment of the purchase had not changed in the past two weeks and asked why, as specified in Item 6.9 on Page 24 of the agreement, the city would not continue with customer deposits on hand. Mr. Duffy stated that the ordinance allowed for the possibility of collecting new deposits, but that the utility didn't plan on doing so. Councilor Walker called for the question. Ordinance D-1341-97 was approved 6-0. Mayor Brainard announced Ordinance D-1342-97. an amendment to Section 2-81 of the City Code (Master Police Officer). Police Chief Michael Fogarty explained that this ordinance enabled the police department to pay the position of master police officer 4 percent more than regular officers. He stated this money was approved during the budget. Ordinance D-1342-97 was a.nproved 6-0. PUBLIC HEARING: Mayor Brainard announced Ordinance D-1340-97. an amendment to Section 9-171 of the City Code to set sewer fees. The mayor opened the public hearing at 8:07 p.m. Carl Mills, 14090 Doubletree Lane, thanked the mayor for notifying residents that their sewer system was being purchased. He asked the mayor to explain how the rates were determined. Mayor Brainard and Mr. Claytor explained the rates had to be cost-based, fair and equitable among users as determined by the Indiana Utilities Regulatory Commission. Mr. Claytor stated that the city had to consider expenses such as the capital outlay used to purchase Hamilton Western when determining rates within and outside the corporate limits. ' _--- w~ Seeing no one else who wished to speak, Mayor Brainard closed the public hearing at 8:16 p.m. Councilor Snyder moved to waive the reading of Ordinance D-1340-97. Councilor Rundle seconded. The reading was waived 6-0. Ordinance D-1340-97 was approved 6-0. NEW BUSINESS: Mayor Brainard announced Resolution CC- 12-15-97-01. transfer o f funds by the Carmel City Court: $153 from Line Item #406 Recording Fees to Line Item #430.02 Training and Travel and stated that this resolution technically did not need council approval. Councilor Rundle moved the item be stricken from the agenda. Councilor Kirby stated the council might as well act on it to save the judge from excess paperwork. The motion failed for lack of a second. Councilor Kirby moved to introduce the resolution. Councilor Snyder seconded. CC-12-01-97- 01 was approved 5-1. Councilor Rundle voted no. Mayor Brainard announced Ordinance D-1343-97. an amendment to Ordinance D-1314-97 making the city attorney's bi-weekly salary_ based on 37.5 hours per week. The mayor pointed out that the agenda contained a typographical error naming the ordinance. He stated the ordinance should cause the city attorney's bi-weekly salary to be based on 37.5 hours per week instead of 30 hours per week as listed for Agenda Item 1 lb. The mayor explained the ordinance was changing the number of hours for the city attorney's work week from 30 to 37.5 per week. Councilor Kirby moved to introduce the ordinance and waive its reading. Councilor Battreall seconded. Mayor Brainard stated the city attomey had been working about 50 hours per week and had agreed to have all backed-up work caught up by February 1, 1998. Councilor Snyder and Councilor Kirby discussed the law allowing the council to hire their own attorney. Councilor Rundle asked if the city attorney would receive a pay increase as a result of this ordinance. The mayor stated that Doug Haney, former assistant city attorney, had just recently accepted the position of city attorney. He explained that as city attorney, Mr. Haney actually would be taking a several thousand dollar pay cut. Mayor Brainard stated Mr. Haney had been named city attorney around the beginning of the month. Councilor Rundle clarified that Mr. Haney would be receiving the pay for city attorney, not assistant city attorney. Mayor Brainard stated this was correct and explained the city was searching to fill the assistant city attorney position. Ordinance D-1343-97 was carried over to the next meeting. Mayor Brainard announced Ordinance D-1350-97. amendment to the Park Joinder Agreement. Councilor Kirby explained that Park Board President Judy Hagan had brought to the council's attention several parts of the joinder agreement that needed changed to allow the park board to purchase land. He stated that he was not completely comfortable with some of the suggested changes and wanted the city attorney to review the joinder. Councilor Kirby discussed the recommended changes in detail. Councilor Carter moved to introduce the ordinance. Councilor Snyder seconded. Mayor Brainard stated the city attorney had looked at the joinder, but that he would ask him to review it again. Councilor Battreall asked if the clerk-treasurer had the staff to perform the extra duties outlined in the proposed joinder amendments. Clerk-Treasurer Cordray stated she was not sum if the joinder amendments could be approved by both the city and the township in time to implement the procedures by the beginning of 1998. She stated she planned to meet with Ms. Hagan the following day to find out the scope of the financial duties her office would be required to perform according to the proposed amendments. Councilor Carter asked if the council could consider the ordinance at the December 29 meeting. Mayor Brainard stated that this would require a unanimous vote of the council because the December 29 meeting was scheduled as a special meeting for claims and encumbrances. Councilor Carter asked the clerk-treasurer if she would have the staff to handle the extra work. Clerk-Treasurer Cordray stated she was not sure and would not know until after her meeting with Ms. Hagan. Councilor Kirby stated that giving the parks' fiscal responsibility to the clerk-treasurer was an idea often discussed at budget time. Councilor Battreall stated the council was expecting certain things from the Clerk-Treasurer's Office once her new accounting software was numing correctly. He asked Clerk-Treasurer Cordray to let the council know if approving the joinder amendment would hinder her office from giving the council the information it expected. Clerk-Treasurer Cordray stated she would know more after her meeting with Ms. Hagan. Councilor Carter stated the council's vote would be based on whether the clerk-treasurer's staff could handle the work load. Clerk-Treasurer Cordray stated she was not concerned about whether her staff could handle the increased work load, but wasn't sure about the time frame. Councilor Rundle stated he wanted to make sure the fiscal powers of the Clay Township Board and the Carmel Common Council were not compromised by this ordinance. Ordinance D-1350-97 was carded over to the next meetine. Mayor Brainard announced Ordinance D-1344-97. an amendment to Section 2-45 of the City Code regarding family illness/bereavement leave. Barbara Lamb, director of Human Resources, explained that this ordinance expanded who was considered part of an employee's immediate family for purposes of family illness/bereavement leave. Ms. Lamb also explained Ordinance D- 1345-97. amendment to Section 2-49 of the City Code regarding holiday pay, and Ordinance D- 1346-97, amendment to Section 2-53 of the City Code regarding work and wage guidelines for city employees in cases where the city is closed due to unforeseen circumstances. She stated that Ordinance D-1345~97 put the city's procedure into the city code. Ms. Lamb explained city policy regarding holiday pay was as follows: employees received regular pay (or comp time) for the holiday plus the overtime they earned by working the extra time plus $75. Councilor Rundle clarified that employees essentially could receive 2 times and half pay plus $75 for working a holiday. Ms. Lamb stated that this was correct. She explained the city was required by the salary ordinance to pay $75 to employees working holidays. Clerk-Treasurer Cordray stated the salary ordinance could not be changed until next year according to state statute. Clerk-Treasurer Cordray stated that codifying the holiday pay procedure was a good idea because departments were not consistent in how they paid holiday time. Ms. Lamb agreed. Councilor Kirby stated that these were important issues to solve. Councilors Battreall and Rundle discussed ways to reduce the pay employees received when they worked holidays. Councilor Carter moved to introduce the ordinances. Councilor Kirby seconded. Ordinances D- 1344-97. D- 1345-97 and D- 1346~97 were tariffed over to the next meeting.. OTHER: Councilors discussed the meeting schedule for 1998. Councilors voted 6-0 to approve the schedule the clerk-treasurer had put together for them. Councilors discussed which officials needed to be appointed at the first council meeting of 1998. Councilor Kirby talked about the legislative conference in Indianapolis on January 22 and suggested all councilors attend. The meeting was adjourned at 9 p.m. Respect~lly submitted, Approved, Attes~