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HomeMy WebLinkAboutCCM-09-02-97City of Carmel CARMEL CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 2, 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. August 18, 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/Pre-Adoption 1998 Budget D-1316-97 D-1317-97 D-1318-97 D-1319-97 D-1320-97 D-1321-97 D-1322-97 D-1323-97 D-1324-97 D-1325-97 D-1326-97 D-1327-97 General Fund MVH Local Road and Street Cum Cap Improvement Cum Cap Sewer Law Enf Cont Educ Cum Cap Development General Obligation Lease/Rental Police Pension Fire Pension Law Enf Aid Fund VIII $22,354,873.00 $2,505,905.00 $124,000.00 $72,000.00 $421,000.00 $6,000.00 $250,000.00 $83,270.00 $1,215,243.00 $319,169.00 $416,652.00 $327,400.00 Tot~ $28,095,512.00 ONECIVICSQUARE CARMEL, INDIANA4~32 317/571-2400 Second Reading Ordinance D-1307-97/An Ordinance Deleting Chapter 4, Article 1, Division III, Section 4-29 and Chapter 6, Article 5, Division III, Sections 6-93 Through 6-98, Inclusive, and 6-130 through 6-139, Inclusive; Amending Chapter 6, Article 5, Division III, Sections 6-93 through 6-98, Inclusive; and Adding Sections 6-99 through 6-105, Inclusive, of and to the Carmel City Code (Animal Regulations); Chief Michael Fogarty Second Reading Ordinance D-1315-97/An Ordinance Enacting and Adopting a Supplement to the Carmel City Code; Clerk-Treasurer Diana Cordray Second Reading Ordinance D-1328-97/An Ordinance Adding Chapter 6, Article 4, Division II "Parades, Public Assemblies and Block Parties" to the Carmel City Code; Councilor Robert Battrcall Second Reading Ordinance D-1329-97/An Ordinance to Restrict the Use of Tobacco and Alcoholic Beverages in Public Places and on Public Property and to Provide for Parental Responsibility for Certain Unlawful Acts of Minors; Councilors Run Carter and Billy Walker Resolution CC-08-18-97-01/Resolution to Set the 1998 General Fund Tax Levy and Rate 10. PUBLIC HEARING a. Second Reading Ordinance Z-323/Approval of Amendment to the Zoning Ordinance (Sections 23B.2 and 23B.5); Councilors Luci Snyder and Ron Carter *published in The Daily Ledger on Monday, August 22, 1997 b. First Reading Ordinance D-1331-97/Additional Appropriation for Purchase of a Back-Up Generator; General Fund, Carmel Clay Communications Center to Line Item 670.99-Other Equipment; $21,658; Jim Kinder, Communications Center Director *published in The Daily Ledger on Monday August 18, 1997 c. First Reading Ordinance D-1332-97/Additional Appropriation for Various Expenses; General Fund, Common Council budget to Line Items 110-Part Time ($6,500), 210-FICA ($500), 230.03-PERF ($400), 403-Other Accounting Fees ($3,000) and 590.01-City Web Page ($27,000); Council President Kevin Kirby *published in The Daily Ledger on Friday, August 18, 1997 11. NEW BUSINESS a. First Reading Ordinance D-1330-97/Amendment to Chapter 8, Article 6, Section 8-59 of the Carmel City Code (Parking Restrictions near Carmel High School); Council President Kevin Kirby b. Resolution CC-09-02-97-01/A Resolution Changing the Number of Ordinance D-1282-97 to Z-322; Clerk-Treasurer Diana Cordray c. Resolution CC-09-02-97-02/A Resolution Approving an Interlocal Agreement with Hamilton County (Hazel Dell Parkway); Mayor James Brainard 12. OTHER 13. ANNOUNCEMENTS 14. ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, SEPTEMBER 2, 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, Pon Carter and Billy Waker. Clerk- Treasurer Diana Cordray and Deputy Clerk Rebecca Wolf also attended. Mayor Brainard called the meeting to order at 7:03 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. APPROVAL OF MINUTES: Councilor Walker moved to approve the minutes from the August 18, 1997, regular meeting. Councilor Battreall seconded. Councilor Rundle moved to amend the minutes as follows: 1) to amend the minutes to reflect that he had moved at the August 18 meeting to table the vote on Ordinance D-1309-97 indefinitely, not until the next meeting, and 2) to add his name to the list of council members forming a committee to evaluate the council's procedures. Councilor Carter seconded. The amendment was approved 7-0. The minutes, as amended, were approved 7-0. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: John Duffy, Utilities manager, explained the Wastewater Treatment Plant recently had received an award from the EPA for Sewer Plant of the Year. He stated Harvey Kirby, the director of the plant, had done an excellent job for the city. Mayor Brainard confirmed Mr. Duffy's sentiment and presented Mr. Kirby with the Range Line Pioneer Award. RECOGNITION OF CITIZF, NS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard explained the council did not have any limits on the length of time speakers could address the council. He asked members of the public to voluntarily limit themselves to three to five minutes. Bill Finney. 38 Beeckmont Drive, spoke in favor of Ordinance D-1330-97, an ordinance to limit parking near Carmel High School Tom Harleman, 11080 Willowmere Drive, spoke against development of the Munon Trail Councilor Carter asked a woman in the audience whose cellular phone was ringing to please remove the phone from the room. The woman stated she would turn it off. L. Esth~, 142 Rolling Hill Drive, opposed the trail Joan Davis, 132 Rolhng Hill Drive, opposed the trail Councilor Carter clarified with Mayor Brainard that ownership of the trail was no longer under litigation. He explained the council already had appropriated the money to purchase and develop the trail. Councilor Carter stated the residents opposing the trail were presenting redundant and irrelevant information to the council. CLAIMS: Councilor Snyder moved to approve claims in the following amount: $2,481,907.87 representing general claims against the city. Councilor Walker seconded. Claims were approved 7-0. OLD BUSINESS: The mayor addressed several items in a different order than listed on the agenda. Mayor Brainard announced Ordinance D-1307-97. an ordinance deleting, amending and addine to the Carmel City Code regarding animal regulations, and suggested the council table the ordinance because the Department of Law was still drafting changes. The mayor told anyone from the audience who wanted a copy to call Assistant City Attorney Douglas Haney. Councilor Battreall stated Mr. Haney had talked to at least 30 people with interest in the ordinance and had made personal visits to some of them. Councilor Battreall moved to table the ordinance. Councilor Walker seconded. Councilor Rundle told the clerk-treasurer not to put the item on the agenda until she heard from Mr. Haney. Clerk-Treasurer Cordray explained she had been led to believe it was going to be ready for tonight's meeting and that was why it was on tonight's agenda. Ordinance D-1307-97 was tabled 5-0. Councilors Kirby and Snyder were out of the room. Mayor Brainard stated the city attorney had asked the council to table Ordinance D-1329-97. an ordinance restricting the use of tobacco and alcoholic beverages in public places and on public property and to provide for parental responsibility for certain unlawful acts of minors. Councilor Miller moved to table the ordinance until the next meeting. Councilor Carter stated he was a co- sponsor of the ordinance and was not happy the ordinance needed to be tabled. He stated the ordinance was supposed to be passed so its enfomement could coincide with the beginning of the school year. Councilor Walker, also a co-sponsor, stated the ordinance needed to be addressed at the next meeting. Councilor Kirby seconded Councilor Miller's motion to table the ordinance until the next meeting. Ordinance D-1329-97 was tabled 7-0. Mayor Brainard read the ordinance numbers for the 1998 budgets and the proP0s~d amounts as listed on the agenda: D-1316-97 D-131%97 D-1318-97 D-1319-97 D-1320-97 D-1321-97 D-1322-97 D-1323-97 D- 1324-97 D-1325-97 D-1326-97 D-1327-97 General Fund MVH Local Road and Street Cum Cap Improvement Cum Cap Sewer Law Enf Cont Educ Cum Cap Development General Obligation Lease/Rental Police Pension Fire Pension Law Enf Aid Fund VIII $22,354,873.00 $2,505,905.00 $124,000.00 $72,000.00 $421,000.00 $6,000.00 $250,000.00 $83,270.00 $1,215,243.00 $319,169.00 $416,652.00 $327,400.00 Total $28,095,512.00 Councilor Carter moved to amend the budgets by removing some money out of the parks land fund and into the operating balance of the General Fund. Clerk-Treasurer Cordray stated the amount to be removed was $3,599,413. The mayor affirmed the amount. The mayor stated the amount was in the council's budget, which was one of the budgets in the General Fund. Councilor Rundle clarified that the line item currently in the budget was $4,360,000, of which $3,599,413 was the city's share of park land acquisition. Councilor Rundle stated the difference was about $760,000 which was the operating funds needed for the continuous operation of the parks department. The mayor stated the actual amount was $761,687. Councilor Rundle stated the motion was to take the $3,599,413 from Land Acquisition mad reposition it in the operating balance of the General Fund where it could be used for land acquisition or something else. Councilor Snyder asked if the motion would mean the General Fund would be reduced to $18,755,460. Councilor Rundle stated that moving the money would not change the General Fund. Councilor Battreall agreed that it was just moving money from one line to another within the General Fund. At the clerk-treasurer's request, Councilor Rundle stated that the Line Item number for the council's budget was #586.00. Councilor Kirby seconded the motion to reposition the money. Councilor Kirby stated this was not a softening of the council's position in favor of parks and the purchase of additional park land, it was just a change in how the goal was to be accomplished within the joinder budgets. Councilor Rundle affirmed Councilor Kirby's comments and stated the council still planned to support land acquisition. Councilor Battreall agreed. The amendment to the budget was approved 7-0. Councilor Kirby commended everyone for their efforts in the budget process. Councilor Rundle asked for the amount of the operating balance in the General Fund. Mayor Brainard explained the actual figure would not be obtainable until later because several variables would not be known until the end of the year. He stated the city estimated the 1998 operating balance to be between $4.8 million and $5.3 million. The mayor stated the total amount of the budgets was $28,095,512.00. The budgets were approved 7-0. The mayor stated it was appropriate at this time to consider Resolution CC-08-18-97-01. a resolution to set the 1998 General Fund tax levy and rate. The mayor stated the resolution informed the Indiana Tax Board that the City of Carmel wanted to make the overall city tax rate 3 percent less than the rate for 1997. Councilor Rundle clarified the resolution reduced the rate from approximately $1.72 per $100 of assessed valuation to $1.6711 per $100 of assessed valuation. He stated this covered the budget and generated an operating balance of approximately $5 million. Resolution CC-08-18-97-01 was approved 7-0. Mayor Brainard thanked everyone for their help in the budget process. Ordinance D-1315-97. an ordinance enacting and adopting a supplement to the Carmel City Code was approved 7-0. Mayor Brainard announced Ordinance D-1328-97, an ordinance adding Chapter 6. Article 4. Division II "Parades. Public Assemblies and Block Parties" to the Carmel City Code. Councilor Battreall stated several minor language changes and two substantial changes had been made in the draft of the ordinance. The two major changes were: I) changing more thanfifleen (15) to seven (7) or more in Section 6-68, Number 8 2) changing the time for permits to a 90 day duration in Section 6-69, Number 3, Applications, Letter C. Councilor Kirby and Clerk-Treasurer Cordray pointed out that the ordinance had a typographical error in Section 6-70, Number 1, Letter A. The ordinance should have read police services instead of policies services. Mayor Brainard stated the council could agree to have the error changed by acquiescence. Councilor Walker called for the question. Ordinance D-1328-97 was approved 7-0. Clerk-Treasurer Cordray pointed out the council never amended the ordinance that was just approved. Councilor Carter moved to amend Ordinance D-1328-97 according Councilor Battreall's suggestions. Councilor Kirby seconded. Ordinance D-1328-97 was amended and a~nproved 7-0. PUBLIC HEARING: Councilor Snyder explained Ordinance Z-323. approval of an amendment to the Zoning Ordinance (Sections 23B.2 and 23B.5) was written to make the language of the zoning ordinance coincide with the language in the state law. Mayor Brainard opened the public hearing at 8:07 p.m. Seeing no one from the public who wished to speak, the mayor closed the hearing at the same time. Councilor Kirby explained the committee that had suggested the language change had been looking at the zoning ordinance for more than a year. Ordinance Z-323 was approved 7-0. Mayor Brainard explained that Ordinance D-1331-97. an additional appropriation for $21.658 was for the pumhase of a back-up generator for the Carmel Clay Communications Center. Councilor Kirby moved to introduce the ordinance. Councilor Carter seconded. Mayor Brainard opened the public heating at 8:10 p.m. Seeing no one from the public who wished to speak, the mayor closed the heating at the same time. Ordinance D-1331-97 was carried over to the next meeting. Councilor B attreall moved to introduce Ordinance D-1332-97. an additional appropriation for $37~400 from the Common Council budget for various expenses. Councilor Kirby seconded. Mayor Brainard opened the public heating at 8:12 p.m. Seeing no one from the public who wished to speak, the mayor closed the hearing at the same time. Councilors Rundle and Kirby discussed why the amounts were being appropriated. Ordinance D-1332-97 was carried over to the next meetine. ~.~dJ~J[~tF.~.: Councilor Battreall moved to introduce Ordinance D-1330-97. an ordinance amending the Carmel City Code. Chapter 8. Article 6, Section 8-59 (Parking Restrictions near Carmel High School). Councilor Walker seconded. Councilor Kirby explained the purpose of the ordinance was to prevent students from parking in neighborhoods near the high school during the school day. Councilor Kirby stated this was an amendment to an existing ordinance. Councilors discussed whether to use stickers or hanging tags to identify cars that were allowed to park on the streets (i.e. residents and their guests). Mr. Fiuney,~a resident in favor of the ordinance, stated the residents would be pleased with stickers. Ordinance D-1330-97 was carried over to the next meeting. Councilor Walker introduced Resolution CC-09-03-97~01. a resolution changing the number of Ordinance D-1282-97 to Z-322. Councilor Battreall seconded. Resolution CC-09-03-97-01 was approved 7-0. Mayor Brainard announced Resolution CC-09-03-97-02. a resolution approving an Interlocal Agreement with Hamilton County (Hazel Dell Parkway). Councilor Battreall clarified this agreement was a standard way to handle responsibility for intersections in such a project. Councilor Carter stated that the last paragraph of the Hamilton County Commissioners' resolution included a reference to the Board of Public Works and Safety of the City of Noblesville. Councilor Carter stated this appeared to be a mistake, because the agreement was with Hamilton County, not Noblesville. The mayor stated it was a typographical error. Councilors discussed the error. Mayor Brainard stated he did not mind having the document approved as long as the minutes noted that the council's assumption was that the agreement was with Hamilton County. The mayor explained the error did not affect the city or the county's obligation. Councilor Rundle suggested the resolution be returned to the county commissioners for appropriate correction. Councilor Kirby pointed out the county already had signed the agreement. Councilor Walker asked why the City of Cannel had not signed an agreement with Westfield. Mayor Brainard explained the road was a county road. Mayor Brainard stated the Department o fLaw would bring the error to Hamilton County's attention. Councilor Kirby moved to introduce the resolution. Resolution CC-09-03-97-02 was approved 7-0. The council recessed to sign documents at 8:30 p.m. Mayor Brainard, Councilor Kirby and Clerk-Treasurer Cordray discussed the budgets as councilors signed the documents. Mayor Brainard confirmed the State Board of Accounts form 4 should be in the amount of $22,354,873 for the General Fund. Councilor Snyder moved to adjourn. Councilor Walker seconded. The meeting was adjourned at 9 p.m. . . Res~fu~lly submitted, Attest: