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HomeMy WebLinkAboutCCM-08-18-97City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, AUGUST 18, 1997 - 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES APPROVAL OF MINUTES a. August 4, 1997, Regular Meeting RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL ~' 6. ACTION OF MAYORAL VETOES CLMMS · Payroll * General Claims · Retirement 8. COMMITTEE REPORTS OLD BUSINESS a. 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 b. Second Reading Ordinance D-1309-97/An Ordinance Amending Chapter 2, Section 2401 of the City Code (Paramedic, Emergency Ambulance and Fire Service Capital Fund); Mayor James Brainard ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. 11. 12. 13. 14. PUBLIC HEARING a. First Reading and Public Hearing/Pre-Adoption 1998 Budget D-1316-96 D-1317-96 D-1318-96 D-1319-96 D-1320-96 D-1321-96 D-1322-96 D-1323-96 D-1324-96 D-1325-96 D-1326-96 D-1327-96 General Fund MVH Local Road and Street Cmn Cap Improvement Cmn 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 NEW BUSINESS a. First Reading Ordinance D-1315-97/An Ordinance Enacting and Adopting a Supplement to the Carmel City Code; Clerk-Treasurer Diana Cordray b. First 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 Battreall c. First 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 Ron Carter and Billy Walker d. Resolution CC-08-18-97-01/Resolution to Set the 1998 General Fund Tax Levy and Rate e. Resolution CC-08-18-97-02/Transfer of Funds from Line Item 509 (Other Contracted Services) to Line Item 370.01 (Repair Parts); Cumulative Capital Sewer Fund; $7,500 OTHER ANNOUNCEMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, AUGUST 18, 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 Rundlc, Luci Snyder, Ron Carter and Billy Walker. Deputy Clerk Rebecca Wolf also attended. Clerk-Treasurer Diana Cordray arrived during public comment about the Mrmon trail Mayor Brainard called the meeting to order at 7:09 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Jan Battenberg, Ph.D., of Academy + announced the opening of the school at 488 Gmdle Drive in Carmel and explained the mission of the school. APPROVAL OF MINUTES: Councilor Rundle moved to approve the minutes from the August 4, 1997, regular meeting. Councilor Carter seconded. Councilor Battreall moved to amend the minutes to reflect that he had moved at the August 4 meeting to table the vote on Ordinance D- 1309-97 indefinitely, not until the next meeting. Councilor Kirby seconded. The amendment was approved 6-1. Councilor Walker voted no. Councilor Carter moved to amend the minutes to add the following sentence to the last paragraph before the Add-On Item: Councilor Carter spoke in favor of the trail development and suggested that now was the time for those in favor of the trail to make their wishes known. Councilor Miller seconded. The minutes, as amended, were approved 7-0. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard opened the floor for public comment. The following citizens spoke regarding the Monon trail: Tom Harleman, 11080 Willowmere Drive, apologized to mayor about a false accusation that the mayor was connected to NCR Corp. and opposed the development of the trail Ted Sommer, 1824 Hamilton Lane, supported Lila Chiappetta, 12959 Brighton Avenue, supported Mike Giauque, 1228 Donnybrook Drive, supported Scott Unger, 11727 Eden Estates Drive, supported Bob Brookie, 340 West Smokey Row Road, supported Terry_ Brookie, 3633 Eden Place, supported Mary. Arm Benging, 20 Horseshoe Lane, supported Gary_ King, 2513 East 99th Street, supported Carla Ackerman, 845 Preston Drive, supported Nelson Steele, 4315 Rolling Springs Drive, supported ,lack Engledow. 1100 East 116th Street, supported Howard Box, 130 First Street NW, supported Benjamin Box, 130 First Street NWl supported Peggy Box, 130 First Street NW, supported the trail and read letter from Vicki Collier of 131 Second Avenue NW who supported the trail Mayor Brainard stated the director of the Indiana Department of Transportation had signed the contract to proceed and that the city has received $242,000 in funding for the development of the trail. Karen Bohn, 6362 Fordham Way, supported Dr. Clifford Gem~i¢k, 97 Cricket Knoll Lane, supported Tom McCoy, 99 Stonehedge Court, supported Al_vn Bemell, 9 Cool Creek Cimle, supported Lorene Hoopingarner. 139 Rolling Hill Drive, supported Herta Baade, 162 Pearl Street, supported Fred Baade, 162 Pearl Street, supported Diana Schmid, 10532 School Parkway, supported Pamela Avenius, 45 Thornhurst Drive, supported Craig Spaid. 304 Thornberry Drive, supported Vera Bailey, 220 Second Avenue SW, opposed Jack Dellorl, 2116 Fahey Drive, supported Beverly Herron, 13544 Kensington Place, supported Gary_ Doxtater, 13559 Kensington Place, supported J. Scott Mason, 10719 Braewick Drive, supported the trail and submitted to the council about 770 signatures of Hamilton County residents in favor of the Morion trail Judy Hagan, president of the Carmel Clay Parks Board, supported the trail and stated the parks board was looking for volunteers to help on the design committee for the trail Dick Frost, 507 Stonehedge Drive, opposed the trail and apologized to the mayor for indirectly calling him a name. Mr. Frost also spoke regarding the clerk-treasurer's bond. Mayor Brainard stated the Parks Department had money in its 1997 budget to design the Monon trail. Councilor Kirby explained that since the money already had been appropriated, the mayor had control of the project, not the council. CLAIMS: Councilor Snyder moved to approve claims in the following amounts: $549,454.36, $372,984.58 and $37,583.85. Councilor Walker seconded. Claims were approved 7-0. OLD BUSINESS: Mayor Brainard announced Ordinance D-1307-97. an ordinance deleting. amending and adding to the Carmel City Code regarding animal regulations. Councilor Snyder verified several parts of the ordinance with Assistant City Attorney Douglas Haney: 1) fines could run up to $500 per day for loose pets. 2) part of the ordinance enabled the city to help protect abused animals 3) the minimum acreage for keeping horses was three acres with a two-year phase-in for people annexed into the city and 4) a person could be fined $1,000 for poisoning a domestic animal. Councilor Snyder and Mr. Haney discussed the fine line between animals being kept for rehabilitation and prohibited exotic pets. Councilor Carter and Mr. Haney discussed whether a person under 18 was inadvertently not covered by the ordinance and if the ordinance prohibited animals from being transported in vehicles. Discussion ensued about whether the ordinance should be left overly broad for the police to enforce by their own discretion or if it needed to be more specific. Councilor Carter and Mr. Haney discussed the redundancy of the word "dangerous" on page 11, section c) ii) of the ordinance. Mr. Rundle and Mr. Haney discussed the following issues: 1) whether to specify how many animals can be kept on three acres and appropriate housing for animals 2) whether violations regarding cats and dogs should be considered differently and 3) enforcement of the ordinance. Mr. Frost, 507 Stonehedge Drive, stated that violations of the ordinance regarding cats should be considered a health issue, not a welfare issue. Councilor Kirby asked the public to refrain from comment while the council discussed the ordinance. He stated the presiding officer soon would open the floor for public input. Councilor Rundle moved to table the ordinance indefinitely until the council and legal department could work out alt the questions before them. Councilor Snyder seconded. Ordinance D-1307-97 was tabled 7-0. Councilor Battreall suggested citizens in Carmel who own pets should look at the ordinance because it probably would affect them. Councilor Snyder and Mr. Haney discussed making the fines correlate to pets having proper vaccinations. Councilor Carter moved to open the issue for public discussion. Councilor Snyder seconded. The issue was op~ned for public discussion 7-0. Roger Carter of the Herpetological Society stated he wanted a copy of the ordinance for his organization to review and would like to meet with Mr. Haney to discuss the ordinance. Mr. Frost, 507 Stonehedge Drive, stated he believed the ordinance conflicted with state law. Mr. Haney and an audience member discussed the definition of exotic animals as defined by the ordinance. Several members of the audience and Mr. Haney discussed different types of exotic animals. Councilor Kirby asked the audience to remain in order and to step to the microphone to address Mr. Haney or the council. Roger Carter of the Herpetological Society stated he was concerned about the high licensing fees for snakes. Ed Farrar of the Herpetological Society stated he also was concerned about the licensing fee. Richard Mars~ Lawrence, applauded the city's efforts to write a law protecting pets and humans. Richard Mauer, 13300 Six Points Road, asked if the ordinance would make it illegal to ride horses off the owner's property. Mr. Haney stated the ordinance did not require farm animals to be licensed. Mr. Mauer stated he would like to look at a copy of the ordinance. Mayor Brainard stated the public would have opportunity to comment at the next council meeting on September 2, 1997, even if the item was not on the agenda. Councilor Carter suggested citizens call the Clerk-Treasurer's Office closer to September 2, to see if Ordinance D- 1307-97 is on the agenda. Steve Habig, western Clay Township, asked for clarification of the grandfather clause affecting residents in annexed areas with farm animals. Mayor Brainard stated the new ordinance cleaned up the confusion regarding the grandfather clause. Mr. Habig and Mr. Haney discussed feed lots. Mr. Frost, 507 Stonehedge Drive, stated the licensing fee for constrictor snakes should stay at $200 as suggested in the ordinance. The mayor suggested the council take a short recess at 9:35 p.m. The meeting reconvened at 9:50 p.m. Since Ordk~ance D-1309-97. an ordinance amending Chanter 2. Section 2-101 of the Cannel City Code (Paramedic, Enlergency Ambulance and Fire Service Ca_nital Fund) was indefinitely tabled at the previous meeting, it was stricken from the agenda. PUBLIC HEARING: Clerk-Treasurer Cordray pointed out the budget ordinance numbers had been listed as ending in the number 96 on the agenda and should all end in 97. Mayor Brainard read the budget ordinance numbers and the proposed amounts as listed on the agenda: 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.O0 $250,0O0.0O $83,270.00 $1,215,243.00 $319,169.00 $416,652.00 $327,400.00 Total $28,095,512.00 Councilor Walker moved to introduce the ordinances. Councilor Snyder seconded. Mayor Brainard opened the public heating at 9:51 p.m. He stated that the tax levy would be introduced as a resolution later in the meeting. Mr, Frost, 507 Stonehedge Drive, stated his opinion on what funds should be used for what activities. No one else from the public wished to speak. Mayor Brainard closed the public hearing at 10:02 p.m. Councilor Rundle asked if the council was going to meet with the Clay Township Board to discuss whether the township could pay for its part of the parks budget and the use of the Emergency Equipment Capital Fund. Mayor Brainard stated the city had talked to township officials and that they had agreed there probably was not a need to change the use of the Emergency Equipment Capital Fund. Councilor Kirby agreed with Councilor Rundle that the details needed to be settled with the township before final approval of the budgets. The mayor stated the budget needed to be approved by September 20, 1997. All budget ordinances were carried over to the next meeting. NEW BUSINESS: Councilor B attreall moved to introduce Ordinance D-1315-97. an ordinance enacting and adopting a supplement to the Carmel Ci_ty Code. Councilor Walker seconded. Councilor Kirby stated the council should suspend the roles and pass the ordnance at this meeting so it wouldn't waste time considering it at the next meeting. Councilor Carter moved to suspend the roles. Councilor Battreall seconded. Council voted 6-I to suspend the rules. The motion failed. Councilor Walker voted no. Ordinance D-1315-97 was carded over to the next meeting. Councilor Snyder moved to introduce Ordinance D-1328-97. an ordinance adding Chapter 6. Article 4, Division I! "Parades. Public Assemblies and Block Parties" to the Carmel City Code. Councilor Kirby seconded. Councilor Carter moved to waive the read and hear a short summary of the ordinance instead. Councilor Battreall seconded. The reading was waived 7-0. Mr. Haney explained the ordinance established the process for getting permits for parades, block parties and public assemblies. He stated it also included timetables, standards for issuance and appeal rights. Ordinance D-1328-97 was carried over to the next meeting. Councilor Battreall moved to introduce 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. Councilor Carter seconded. Councilor Snyder moved to waive the reading. Councilor Battreall seconded. The reading was waived 7-0. Councilor Walker explained the ordinance was to coordinate the city and school system's efforts to keep children drug, alcohol and tobacco free. Councilor Carter explained the ordinance created a fund in which money from violations of certain ordinances would be accumulated to help the community drag education and awareness program. Ordinance D-1329-97 was carried over to the next meeting. Mayor Brainard suggested the council introduce and table Resolution CC-08-18-97-01. a resolution to set the 1998 General Fund tax levy and rate so it cOuld be considered with the budget ordinances. Councilor Walker moved to introduce and table the resolution. Councilor Rundle seconded. Resolution CC-08-18-97-01 was tabled 7-0 to the next meeting. Councilor Battreall moved to approve Resolution CC-08-18-97-02. a transfer of $7.500 from Line Item 509 (Other Contracted Services) to Line Item 370.01 (Repair Parts) in the Cumulative Capital Sewer Fund. Councilor Walker seconded. Resolution 08-18-97-02 was approved 7-0. ANNOUNCEMENTS: Councilor Kirby asked the council for a response about whether to sponsor a hole at a golf outing. He also informed councilors about the upcoming IACT convention, an award for the Sewer Plant and the new council office. He commended the city engineer for a packet of information she had delivered to the council. He also suggested that someone should place the rules of procedure outside council chambers and asked the council to consider amending the rules not to allow cell phones or pagers in the room during a meeting. Councilor Kirby stated the council may want to reinstate the 3-minute time limit for public comment per person and the 45-minute time limit for all public comment. Building Manager Dave Brandt explained he had obtained three estimates from different companies regarding the new lettering the council wanted placed on the wall. Mayor Brainard stated the wall should read "City of Cannel." Discussion ensued about the proper procedure for Mr. Brandt to obtain the new letters. Councilors Kirby, Battreall, Rundle and Snyder stated they would form a committee to evaluate the council's procedures. The meeting was adjourned 10:30 p.m. Approved, Attest: