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HomeMy WebLinkAboutCCM-07-21-97City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JULY 21, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES a. Carmelfest Committee Members APPROVAL OF MINUTES a. July 7, 1997, Regular Meeting RECOGNITION OF CITIZENS WHO WlSIt TO ADDRESS TItE COUNCIL ACTION OF MAYORAL VETOES CLAIMS · Payroll General Claims · Retirement COMMITTEE REPORTS OLD BUSINESS a. Second Reading Ordinance Z-319/An Ordinance Changing the Zoning Classification of 240 Second Street NE; William Greenwood b. _Second Reading Ordinance D-1303-97/An Ordinance Amending Ordinance D- 1224-96, As Amended, to Add the Positions of MIS Manager and GIS Coordinator within the Department of Administration; Councilor Luci Snyder c. Second Reading Ordinance D-1304-97/An Additional Appropriation from the General Fund to the Department of Administration for GIS/MIS Employee ($51,200); Councilor Luci Snyder d. Second Reading Ordinance D-1305-97/An Additional Appropriation from the General Fund to the Department of Community Services for Computer Upgrades ($60,000); Steve Engelking, Director of Department of Community Services ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/57D2400 Second Reading Ordinance D-1306-97/An Ordinance Amending the Carmel City Code by Adding Section 2-130 (Fingerprinting Fees); Police Chief Michael Fogarty 10. PUBLIC HEARING a. First Reading Ordinance Z-321/An Ordinance Amending the Zoning Ordinance, Ordinance Z-289, As Amended (A Rezone of the Southeast Comer of 146th Street and Hazeldell Road from Zone Classification S-1/Residence to Planned Unit Development District); Jim Nelson; Nelson & Frankenberger b. First Reading Ordinance D-1311-97/Creation of a Special Construction Fund and Providing for an Additional Appropriation from Such Fund; Mayor James Brainard c. First Reading Ordinance D-1308-97/An Additional Appropriation for the Implementation of the Carmel Geographical Information System from the General Fund to the Board o£Public Works and Safety, Line Item 404 - Consulting Fees ($125,000); Councilor Luci Snyder 11. NEW BUSINESS a. First Reading Ordinance D-1301-97. As Amended/An Ordinance Amending Chapter 2, Article 3, Division V, Section 2-81 of the Carmel City Code (Field Training Officer Compensation); Mayor James Brainard b. First 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 c. First Reading Ordinance D-1309-97/An Ordinance Amending Chapter 2, Section 2-101 of the City Code (Paramedic, Emergency Ambulance and Fire Service Capital Fund); Mayor James Brainard d. First Reading Ordinance D-1310-97/An Ordinance Amending Chapter 2, Article 3, Division II, Section 2-48 of the City Code (Employee PERF Contribution); Mayor James Brainard e. First Reading Ordinance D-1312-97/An Ordinance Fixing Salaries of Appointed Officers and Employees of the Carmel City Court for 1998; Clerk- Treasurer Diana Cordray f. First Reading Ordinance D-1313-97/An Ordinance Fixing Salaries of Appointed Officers and Employees of the Cannel Clerk-Treasurer's Office for 1998; Clerk-Treasurer Diana Cordray g. First Reading Ordinance D-1314-97/An Ordinance Fixing Salaries of Appointed Officers and Employees of City Employees; Clerk-Treasurer Diana Cordray DELETED Resolution CC-07-21-97-01/Acquisition of a Credit Card; Clerk- Treasurer Diana Cordray Resolution CC-07-21-97-02/Acceptance of the Carmel Clay Plan Commission's Recommendation on Comprehensive Plan Amendment (U.S. 31 Task Force Report); Tom Thompson; Plan Commission Resolution CC-07-21-97-03/Transfer of F~nds from Line Item 302 Office Supplies to Line Item 419.54 Interpreters; Judge Ga/1 Bardach, City Court Resolution CC-07-21-97-04/Adoption of Amendment to Comprehensive Plan (96th Street and Westfield Boulevard Special Study Area); Tom Thompson, Plan Commission Resolution CC-07-21-97-05/Authorization to Transfer Interests in Rea/Estate to the Redevelopment Authority; Mayor James Bra/nard 12. 13. 14. OTHER ANNOUNCEMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JULY 21, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Councilors Robert Battreall, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerk Rebecca Wolf also attended. Council President Kevin Kirby arrived during thc discussion of Ordinance D-1311-97 (Agenda Item 1 Ob). Mayor Brainard called the meeting to order at 7:07 p.m. and led the Pledge of Allegiance. Councilor Carter gave the invocation. Mayor Brainard introduced Fanfare, a singing group of the Carmel Community Players, to sing the Star Spangled Banner. The mayor declared the group official goodwill ambassadors of the City of Carmel and presented them with a key to the city. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Jeff Worrell of the Carmel Clay Chamber of Commerce introduced Wayne Wilson, chair of the 1997 Carmelfest Committee. Mr. Wilson presented plaques to the members of the Carmelfest Committee: Bob Lamb, Bonnie Hess, Sandy Otte, Susan Armstrong, Sherri Fulkersun, Amy Narde, Deborah Hepler, Jim Thompson, JoEllen Hill, Alecia Clark, Eric Whitlock and Ann Hepler. Mayor Brainard presented committee members with a key to the city. With the council's approval, Mayor Brainard stated that SAFCO's request for rezone of the southeast comer of 146th Street and Hazeldell Road had been withdrawn from the agenda at the request of the petitioner. He explained that if SAFCO had presented its request to the council and been denied, it could not have asked for a rezone in that area for one year. The mayor stated that by SAFCO withdrawing its request, the company could attempt an alternate rezone in that same area, going back to the beginning of the plan commission process. Mayor Brainard stated that SAFCO's attorney stated SAFCO did intend to come back with an alternate proposal that did not include commercial zoning. Councilor Carter commended residents for their efforts in remonstrance. He stated he was not happy the petitioner could re-file and explained he didn't want to see that happen. Councilor Snyder also commended residents for their efforts and stated some of their presentations brought to light some erroneous statements made by the petitioner. Councilor Snyder stated she believed it was unfair for the city to allow commercial development in areas where residents were unaware commercial development could occur. She stated the city would work on making the comprehensive plan show what land could become commercial development and would try to limit these areas to undeveloped land. Councilor Walker thanked residents for inviting him to meetings regarding the rezone request and told them to be alert for the next steps SAFCO could take. APPROVAL OF MINUTES: Councilor Rundle moved to approve the minutes from the regular meeting on July 7, 1997. Councilor Walker seconded. The minutes were approved 5-0. RECOGNITION OF CITIZI~,NS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard stated there were several people in the audience who wished to speak to various items throughout the agenda. He explained that it was council's normal procedure to hold those comments until the issue was before the council. He called on Mr. Frost who had filled out a card to address the council about an item not on the agenda. icky, 507 Stonehedge Drive, discussed the city's proposed ordinance to change employee contribution to the Public Employees Retirement Fund. He also stated he disagreed with the city's opinion that Councilor Walker legally could be a councilor and a member of the Board of Public Works and Safety concurrently. CLAIMS: Councilor Snyder moved to approve claims in the following mounts: $519,524.55, $948,310.72, $24,000 and $37,446.06. Councilor Rundle seconded. Claims were approved 5-0. ~: Mayor Brainard announced Ordinance Z-319. An Ordinance Changing the Zoning Classification of 240 Second Street NE. There was no discussion. ~ approved 4-0. Councilor Carter abstained. Mayor Brainard announced Ordinance D-1303-97. an ordinance amending Ordinance D-1224- 96, As Amended. to add the positions of MIS Manager and GIS Coordinator within the Department of Administration. Councilors Carter and Battreall stated they favored adding the position of MIS director. Ordinance D-1303-97 was approved 5-0. Mayor Brainard announced Ordinance D-1304-97. an additional appropriation from the general fund to the Department of.Administration for a GIS/MIS employee ($51,200). Councilor Battreall stated tbis ordinance was needed to pay for the position added in ordinance D-1303-97. Ordinance D-1304-97 was approved 5-0. Mayor Brainard announced Ordinance D-1305-97. an additional appropriation frqm the general fund to the Department of Community Services for computer upgrades ($60,000). Councilor Rundle asked why the additional appropriation was for $60,000. Steve Engelking, director of the Department of Community Services explained the $60,000 would enable DOCS's system to be compatible with the GIS. The ordinance was approved 5-0. Mayor Brainard announced and explained the need for Ordinance D-1306-97. an ordinance amending the Carmel City Code by adding Section 2-130 (Finger Printing Fees). Councilor Rundle suggested the ordinance be changed so residents of the City of Carmel would be exempted from the charges specified in this ordinance. Councilor Rundle stated the city attorney had drafted an amendment to the ordinance, and that the police chief was in favor of the amendment. Councilor Rundle moved that the following sentence be added as Section 2-130 (c) to the ordinance: Residents of the City of Carmel, Indiana, shall not be subject to the fees provided for in this Ordinance, and shall receive the referenced fingerprinting services free of charge." Councilor Carter seconded. The amendment was approved 5-0. ' ance - - 7 was approved 5-0. BLIC ARIN : Councilor Walker moved to introduce Ordinance D- 1311-97. an ordinance creating a special construction fund and providing for an additional appropriation from such fund. Councilor Battreall seconded. Mayor Brainard read the ordinance. Bruce Donaldson, the city's bond counsel from Bames& Thomburg, explained the ordinance was contingent on passage of Resolution CC-07-21-97-05, an item on tonight's agenda under New Business. Mr. Donaldson explained the resolution authorized sale of the real estate, and the ordinance appropriated the money from the sale of the of the real estate to the projects designated as Old Town/126th Street Special Construction Funds. Mayor Bminard, Mr. Donaldson and Councilor Rundle discussed what property was to be sold (See Resolution CC-07-21-97-05, Exhibit A). Councilor Battreall asked why this ordinance was needed. Mr. Donaldson explained the city needed to be able to show how the money from the sale of the real estate was to be used. Councilor Kirby arrived. Mayor Brainard opened the public hearing at 8:07 p.m. Hearing no one from the public who wished to comment, the mayor closed the public hearing at 8:08 p.m. Ordinance D-1311-97 was carried over to the next meeting. With the council's permission, Mayor Brainard announced Agenda Item 1 IL, Resolution CC-07- 21-97-05, authorization to transfer interests in real estate to the redevelopment authority. Councilor Snyder moved to introduce the resolution. Councilor Battreall seconded. Mayor Brainard read the resolution. Mr. Donaldson explained the resolution authorized sale of real estate. Resolution CC-07-21-97-05 was at)proved 6-0. Councilor Battreall moved to introduce Ordinance D-1308-97. an additional appropriation for the implementation of the Cannel Geo~aphical Information System from the General Fund to the Board of Public Works and Safety. Line Item 404 - Consulting Fees ($125.000). Councilor Walker seconded. Joe Staehler, director of the Department of Administration, introduced Rick Hammond from Woolpert, the city's consultant on the project. Mr. Hammond explained how the appropriation would be used to develop and implement the GIS. Mayor Brainard stated the project would be worth doing if it saved the city and taxpayers money in the long run. Councilor Battreall stated the county would be paying a large amount of the up-front costs. Mr. Hammond explained that Woolpert's budget estimates cover the next 30 months. Larry Stout, the GIS coordinator for the county, stated local communities could put utility information in the GIS, but that the county was not including that information. Mr. Hammond explained the county was putting basic layers of information in the GIS for all communities in the county, and that cities could build on that information as needed. Mr. Hammond stated that Woolpert's proposed budget included putting utility information in the GIS for Carmel and Clay Township. Mayor Brainard opened the public hearing at 8:35 p.m. Hearing no one from the public who wished to comment, the mayor closed the public hearing at 8:36 p.m. Ordinance D-1308-97 was carried over to the next meeting. NEW BUSINESS: Clerk-Treasurer Cordray explained that Ordinance D-1301-97. As Amended, an ordinance amending Chapter 2. Article 3. Division V. Section 2-81 of the Carmel City Code (Field Training Officer Compensation) was before council again because the recently approved ordinance failed to make the pay retroactive to January 1, 1997. Councilor Battreall moved to introduce the ordinance. Councilor Walker seconded. Clerk-Treasurer Cordray stated the police department had budgeted the money to pay the officers, but needed the ordinance to be retroactive in order to pay them for services completed prior to the ordinance's passage at the July 7, 1997, meeting. Councilor Carter moved to amend the ordinance to replace the word "Filed Officer" with "Field Officer." Councilor Rundle seconded. The amendment was approved 6-0. Councilor Battreall moved to suspend the roles and vote on the ordinance at this meeting. Councilor Kirby seconded. The motion failed 3-3. Councilors Snyder, Carter and Walker voted no. Ordinance D-1301-97. As Amended. was carded over to the next meeting. Councilor Snyder moved to introduce Ordinance D-1307-97. an ordinance deleting, amendin~ and adding to the Carmel City Code pertaining to animal regulations. Councilor Carter seconded. Police Chief Michael Fogarty explained some of the intricacies of the ordinance. Councilor Snyder pointed out that part of the ordinance would affect livestock owners who were annexed into the city and clarified that letting cats outside without a leash would be a violation of the ordinance. Chief Fogarty stated that the police department had trained several officers to be animal control officers. Mayor Brainard explained that if a citizen was annexed into the city who lived on three acres or more and owned horses, the resident could keep the horses. He stated that this clarified a gray area in the current law. Councilor Walker stated he wanted to strike the words "except a mouse or rat," from Section 6-99: Poisoning Domestic Animals. The council agreed these words should remain unchanged. Councilor Carter clarified the ordinance would make it illegal for an owner to tak. e a domestic animal off his property without a leash. Councilor Carter asked if the ordinance could include wording that required owners to carry devices to pick up their animals' excrement. Mayor Brainard stated he would have the city attorney look into the issue. The council took a 20 minutes recess at 8:55 p.m. Councilor Walker moved to introduce Ordinance D-1309-97. an ordinance amending Chapter 2. Section 2-101 of the Carmel City Code. Councilor Rundle seconded. Mayor Brainard explained the intent of the ordinance was to allow money in the Paramedic, Emergency Ambulance and Fire Service Capital Fund to be used for paramedics' salaries and benefits. He stated this expenditure would be in addition to money spent from the fund for capital equipment. The mayor explained the ordinance was written so Clay Township officials would have to agree in writing before the money could be used for salaries. Karl Swain, Clay Township board member, stated he had not seen the ordinance until this afternoon, and that he was concerned that using the Capital Fund for salaries would reduce the money available to buy equipment. Mr. Swain explained that once the city and township started using the Capital Fund for salaries, it would be hard to quit. Mayor Brainard explained that the fire department was going to plan future expenditures so no shortage would result. Councilor Battreall and Mr. Swain discussed the short- and long-term effect of the proposed ordinance on the township's budget. Councilor Carter suggested that using the Capital Fund for salaries could free up some of the township's money to purchase park land. Bob Book, Clay Township board member, explained most of the township officials had not had time to review the ordinance, but would do so before the second reading at the next council meeting. Councilor Kirby explained the city was trying to pay for services without using property tax dollars. Councilor Rundle stated he wanted to see an estimate of future expenditures from the Capital Fund. Mayor Brainard stated the estimate was being prepared and would be ready in a few days. Councilor Battreall reiterated that the ordinance was not binding until the township agreed to it. Ordinance D-1309-97 was carried over to the next meeting. Mayor Bminard stated that Human Resources Director Barbara Lamb had made some technical changes to Ordinance D-1310-97, an ordinance amending Chanter 2. Article 3. Division II. Section 2-48 of the City Code (employee PERF contribution). Ms. Lamb stated she had made four changes to the original ordinance council members had received in their packets, and she had brought an amended ordinance with her. The amendments included: 1) changed the requirement for enrolling in PERF from 600 hours to 1000 hours, as required for municipalities 2) changed the final paragraph to reflect that all contributions made to PERF in employees' names would be refundable to the employees should they leave employment with the city 3) deleted the wording in the last paragraph reiterating that the position of the director of Human Resources was part of PERF because there was no need for the specification and 4) removed the word "permanent employee" so there would be no misunderstanding about the status of city employees. Mayor Brainard suggested the council start with the amended version. Councilor Carter moved to introduce Ordinance D-1310-97. As Amended. an ordinance amending Chapter 2. Section 2-101 of the Carmel Ci_ty Code. Councilor Walker seconded. Councilor Carter asked if the words "may be refunded" in the last paragraph should be changed to "shall be refunded." Ms. Lamb explained that it was the employees' choice whether to have the money refunded or leave it in the fund up to 10 years. Councilor Rundle asked Ms. Lamb to respond to some of Dick Frost's concerns stated earlier in the meeting. Ms. Lamb stated she was not at the meeting during Mr. Frost's comments. Mayor Brainard explained that employees would get more take-home pay which would cost the city less in the future. He also explained that if employees took out their PERF early they would have to pay taxes, similar to an IRA. The mayor stated that pension benefits were taxed similarly whether the city or the employee paid the employee's contribution of PERF. Councilor Carter asked if the Department of Law had looked over the ordinance. Mayor Brainard stated the attorneys had looked at it and had talked to other cities that passed similar ordinances. Ordinance D-1310-97. As Amended. was carried over to the next meeting. Councilor Battreall moved to introduce Ordinance D-1312-97. an ordinance fixing salaries of appointed officers and employees of the Cannel City Court for 1998. Councilor Carter seconded. Ms. Lamb presented the council with information regarding the parity of salaries. Ms. Lamb stated the 7 pement raise recommended by Judge Gail Bardach for her Chief Deputy would make the salary of that position greater than similar positions within the city. Ms. Lamb stated a 6 percent raise would make it comparable to those other positions. Councilor Battreall clarified that Ms. Lamb was suggesting a 3 pement raise in addition to the 3 percent added to the Chief Deputy's salary if the ordinance causing the city to pay employees' contribution to PERF was approved. Ms. Lamb stated that Councilor Battreall was correct and that those two pements would make the Chief Deputy's salary $1153.49 bi-weekly. Councilor Kirby stated the council needed to meet again to pass the salary ordinances. Mayor Brainard suggested the council decide the next meeting after discussing the salary issues. Councilor Kirby stated he wanted some time to look over the ordinances before making any changes to them. After some discussion, Councilor Carter moved to have a special meeting of the council at 8 a.m. Monday, August 28, 1997, to have the second reading of the salary ordinances. Councilor Walker seconded. The meeting date was approved 6-0. Ordinance D-1312-97 was carried over to the July 28. 1997. meeting. Councilor Snyder moved to introduce Ordinance D-I 313-97. an ordinance fixing salaries of appointed officers and employees of the Cannel Clerk-Treasurer's Office for 1998. Councilor Kirby seconded. Ordinance D-1313-97 was carried over to the July 28. 1997. meeting. Councilor Snyder moved to introduce Ordinance D-1314-97. an ordinance fixing salaries of am)ointed officers and employees of the City of Carmel for 1998. Councilor Battreall seconded. ~l~rk-Treasurer Cordray asked for a motion to change the word "Patrolman" in the ordinance to "Police Officer." Councilor Snyder moved to do so. Councilor Carter seconded. The amendment was approved 6-0. Ordinance D-1314-97 was carried over to the July 28. 1997. meetine. Councilor Carter added that finishing the study on salary parity would save money for the city and taxpayers money in the long run. Councilor Battreall moved to introduce Resolution CC-07-21-97-02. a resolution accepting the plan commission's recommendation on an amendment to the Comprehensive Plan concemine the US 31 Task Force Report. No one seconded the motion. Resolution CC-07-21-97-05 died for lack of a second. Mayor Brainard summarized the process, explaining the ordinance was a change to the comprehensive plan, not a zoning change. Mayor Brainard stated the city was planning to build Illinois Street to carry the burden of the commercial traffic so Spring Mill Road would remain residential. Councilor Carter stated that because the resolution was not seconded, the issue could not be discussed. He explained that, by law, if council did not act on plan commission's recommendation within 90 days, the change to the comprehensive plan would revert to what the council originally passed at its May 5, 1997, meeting. Council's original recommendation was for the parcel of land along 96th Street between Meridian Street and Spring Mill Road to be commercial. Cmmcilors discussed the buffer between the commemial property and 96th Street. Councilor Rundle stated the buffer originally was 200 feet, but plan commission had reduced it to 150 feet. Mayor Brainard indicated this was correct. Rev. Kent Mallard, 201 West 96th Street, asked why the compromise of business and residential zoning suggested by the plan commission was not acceptable. Mayor Brainard stated the plan commission and council each had held public hearings on the issue and explanations for those decisions had been made. The mayor stated that if, in the future, someone from the public could convince a council member to propose a change, the council would hear the issue. Councilor Battreall moved to introduce Resolution CC-07-21-97-03. transfer of funds for City Court; Line Item #302. Office Supplies. to Line Item. #419.54. Inter9_ retem ($1.200). Councilor Snyder seconded. Resolution CC-07-21-97-03 was approved 6-0. Councilor Carter moved to introduce Resolution CC-07-21-97-04. adoption of amendment to the Comprehensive Plan. 96th Street and Westfield Boulevard Special Study Area. Councilor Kirby seconded. Resolution CC-07-21-97-04 was approved 6-0. Councilor Carter commended the special study committee and consultant for their efforts. ADD-ON ITEM: Mayor Brainard stated that Resolution CC-07-21-97-06. transfer of funds for the Department of Administration: Line Item #404. Consulting Fees. to Line Items # 100. Full Time Regular Salaries and Wages ($50.000). and #210. Employer's Share of Social Security ($2.000) was to pay the director of the Department of Administration. They mayor explained the money should have been transferred earlier this year when the position was approved, but the request to transfer funds was never brought before council. Councilor Walker moved to add the item to the agenda. Councilor Snyder seconded. Resolution CC-07-21-97-06 was added to the agenda 6-0. Councilor Walker called for the question. Resolution CC-07-21-97-06 was approved 6-0. In regard to Resolution CC-07-21-97-02 that died for lack of a second, Councilor Kirby moved that council reaffirm its original recommendation on the comprehensive plan per Resolution CC- 05-05-97-01 that was approved at the May 5. 1997. meetine. Councilor Snyder seconded. She stated that she had found in her notes that the buffer between the commemial property and the road was 90 feet. Councilor Kirby stated the motion he made was one required by state law according to planning attorney John Molitor. Councilor Kirby moved to add the reaffirmation of council's original recommendation for the comprehensive plan to the agenda. Councilor Carter seconded. Councilor Walker asked why council waited to make this motion until the citizens concerned about this issue left the meeting. Councilor Kirby stated the council could wait 90 days to close the issue if it wanted, but waiting would enable undesirable businesses to file for location in the Meridian Corridor. Councilor Carter agreed with Councilor Kirby stating that not approving this motion was not in the best interest of the community. Councilor Rundle asked why the reaffirmation could not be on the August 4, 1997, agenda if council didn't approve the motion tonight. Councilor Kirby stated that his motion was a verbal motion and that it did not need to be on an agenda. Mayor Brainard and the council discussed the consequences of not reaffirming the motion immediately. Mayor Brainard stated the council needed to agree unanimously to add the item to the agenda. The mayor stated the motion needed to be approved, but could be rescinded if the council made the motion in error. The request for reaffirmation of council's original recommendation for the comprehensive plan was added to the agenda 6-0. The request for reaffirmation of council's original recommendation to the comprehensive plan was approved 5-1. Councilor Walker voted no. The meeting was adjourned 10:25 p.m. Respectfully submitted, Ap~Ted'