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HomeMy WebLinkAboutCCM-01-19-00 Special Meeting SPECIAL MEETING NOTICE CARMEL CITY COUNCIL SPECIAL MEETING WEDNESDAY, 3ANUARY 19, 2000 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL ONE CIVIC SQUARE The Carmel City Council will meet on Wednesday, January 19, 2000, at 7:00 p.m. in Council Chambers, City Hall, One Civic Square. The purpose of the meeting is City business. CAR~vIEL CITY COUNCIL SPECIAL MEETING AGENDA WEDNESDAY, JANUARY 19, 2000 -7:00 P.~vI. COUNCIL CI-LA_~vlBERS / CITY I-LA_LL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY E~IPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. December 29, 1999 - SpecioA Meeting b. January 3, 2000 - Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, ~LA_YORAL AND CLERK-TREASURER CO~I~IENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES CLAI~vIS · Pa_~Toll · General Claims · Retirement CO~vHvlITTEE REPORTS a. Mayoral Annointments: To Board of Zoning Appeals, Plan Commission and Cafmel Redevelopment Commission; Mayor James Brainafd b. Council An~ointments: To Board of Zoning Appeals, Plan Commission and Carmel Redevelopment Commission; Council President Norm Rundie c. Finance Committee Re~ort: Councilor John Koven 10. OLD BUSINESS a. Second Readine Ordinance D-1450-00: An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances of the Cit_v of Carmel, Indiana; Diana L. Cordray, Clerk-Treasurer b. Second Reading, Ordinance D-1451-00: An Ordinance Amending Chapter 3, Article 1, Division II, Sections 3-12, 3-13 and 3-14 of the Carmel Cit_v Code (re: President Pro Tempore Responsibilities); Councilors Kirby, Koven, Rundie, Sn_vder and Wilson 11. 12. 13. 14. 15. Second Readin~ Ordinance D-1452-00: An Ordinance Amending Chapter 3, Article 1, Division II, Section 3-17 of the Carmel Cit_v Code (re: Council Committees); Councilors Kirby, Koven, Rundie, Sn_vder and Wilson PUBLIC HEARINGS First Readine Ordinance Z-340-' An Ordinance to Amend the Provisions of the Carmel Cla_v Zoning Ordinance Which Relate to the U.S. Higaway 31 Overla_v Zone; Paul Spranger, Chairman of U. S. 31 Task Force *published in the Daily Ledger Saturday, January 8, 2000 and in the T~"eekly Topics on T~"ednesday January 22, 2000. NEW BUSINESS OTHER BUSINESS ANNOUNCENIENTS EXECUTION OF DOCU~IENTS 16. ADJOURN~IENT The Mayor stated that he did not know which appointments were expiring for the Carmel Redevelopment Commission and would have to research those. Clerk-Treasurer Cordray stated she had researched that and she had a copy of the Indiana Code with her. The Mayor stated that he was not prepared to make those appointments at this time. CO~I~IITTEE REPORTS: Finance Committee: Councilor Koven reported on the January 7, 2000 Finance Committee meeting. { See Attachment B. } Councilor Kirby stated that the Council still supports the International Arts Festival. Council President Rundie stated that the Mayor will form a board of directors for the 2000 International Arts Festival and the City Attorney will file not for profit papers for the organization. OLD BUSINESS: Mayor Brainard introduced Ordinance D-1450-00: Enactin~ and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana. Councilor Rundie asked if the City Attorney had approved this supplement. Clerk-Treasurer Cordray indicated that it had been reviewed and approve& Ordinance D-1450-00 was approved 5-0. Mayor Brainard introduced Ordinance D-1451-00: Amendin~ Chapter 3~ Article 1~ Division II~ Sections 3-12, 3-13 and 3-14 of the Carmel City Code (re: President Pro Tempore Responsibilities). There was Council discussion in support of the ordinance. Mayor Brainard stated that he was in favor of what the ordinance proposes, but he believes the State Code says the Mayor shall preside over Council meetings in a third class city. Councilor Wilson stated that he had read in a newspaper that the Council was taking power away from the Mayor with this ordinance. He said the ordinance does not take power away, it actually gives the Mayor more opportunities to participate in the meeting since he will not be presiding. Council President Rundie called for the question. Ordinance D- 1451-00 was approved 5-0. Mayor Brainard introduced Ordinance D-1452-00:Amendinn Chapter 3~ Article 1~ Division II~ Section 3-17 of the Carmel City Code (re: Council Committees); There was Council discussion in favor of the ordinance. Ordinance D-1451-00was approved 5-0. PUBLIC HEARINGS: Mayor Brainard announced Ordinance Z-340: An Ordinance to Amend the Provisions of the Carmel Clay Zonina Ordinance Which Relates to the U.S. Hiahway 31 Overlay Zone. Council President Rundie stated that he received a memo from Steve Engelking requesting this ordinance be tabled. Council President Rundie moved to table the issue until the first meeting in March (I\larch 6, 2000). Councilor Snyder seconded. Ordinance Z-340 was tabled 5-0. NEW BUSINESS: Council Appointments: BZA - Councilor Snyder nominated Michael Mohr. Councilor Kirby seconded. Council President Rundie moved to close the nominations. Councilor Koven seconded. Councilor Kirby said the appointment must be passed by a majority vote. Michael Mohr was approved 5-0. Diana Cordray, Clerk-Treasurer, stated that the BZA is a four year appointment. Plan Commission - Councilor Snyder nominated Councilor Kevin Kirby. Councilor Koven seconded. Councilor Wilson moved to close the nominations. Council President Rundle seconded. Councilor Kevin Kirby was approved 5-0. Carmel Redevelopment Commission- Councilor Kirby nominated Rick Roesch and Councilor John Koven. Council President Rundle seconded. Council President Rundle moved to close the nominations. Councilor Wilson seconded. Councilor John Koven was approved 5-0. Rick Roesch was approved 5-0. There was discussion regarding what appointments are pending. It was decided that the Solid Waste Board and the Economic Development appointments should be on the next meeting agenda. Clerk-Treasurer Cordray asked if a Special Meeting would be called in February, since there is only one full meeting scheduled. Council President Rundle stated that there would be no special meeting called in February. The regular meeting on February 7th and a claims meeting on February 22nd at 8:30 a.m. will stand as previously scheduled. OTHER BUSINESS: There was no Other Business. ADJOURNMENT: Council President Rundle moved to adjourn the meeting, pending the execution of documents. Councilor Koven seconded. The meeting was adjoumed at 8:03 p.m. Attest:  '~Aj~¢~ 'Z) y,_ Clerk-Treasurer Diana L. IAMC Respectfully submitted, Clerk-Treasurer Diana L. Cord~AMC Approved, ~ / es Brainard IC 36-9 Transportation and Public Works IC 36-9-1. Chapter 1. Definitions ATTAClaqlElq'~ A ~ 36-9-1-2 , ,c. 2. "Improvement" includes the construction, equipment, remodeling, extension, repair, and betterment of ~jctures, including: ~1 ) sanitary sewers and sanitary sewer tap-ins; (2) sidewalks; (3) curbs; (4) streets; (5) alleys; (6) pedestrian-ways or malls set aside entirely or partly, or during restricted hours, for pedestrian rather than vehicular traffic; (7) other paved public places; (8) parking facilities; (9) lighting; (10) electric signals; (11) landscaping, including trees, shrubbery, flowers, grass, fountains, benches, statues, floodlighting, gaslighting, and structures of a decorative, educational, or historical nature; and (12) for units that own and operate a water utility, water main extensions from the water utility. As added by Acts 1981, P.L.309, SEC. 68. Amended by P.L. 152-1992, SEC. 1. IC 36-9-6 Chapter 6. City Works Board IC 36-9-6-1 Sec. 1. This chapter applies to second and third class cities. ,r- ~added by Acts 1981, P.L.309, SEC. 79. Amended by Acts 1981, P.L.44, SEC. 59. ~ 36-9-6-2 ,_ .,c. 2. Unless otherwise provided by statute or ordinance, the works board shall supervise the streets, alleys, sewers, public grounds, and other property of the city; and shall keep them in repair and good condition. The works board shal provide for the cleaning of city streets and alleys. As added byActs 1981, P.L.309, SEC. 79. Amended byActs 1982, P.L.33, SEC. 43. IC 36-9-6-3 Sec. 3. (a) Unless otherwise provided by statute or ordinance, the works board has custody of and may maintain all real and personal property of the city. (b) A city works board may design, order, contract for, and execute: (1) all work required to improve or repair any real or personal property that belongs to or is used by the city; and (2) the erection of all buildings and other structures needed for any public purpose. As added by Acts 1981, P.L.309, SEC. 79. Amended by Acts 1982, P.L.33, SEC. 44. IC 36-9-6-4 Sec. 4. The works board may condemn, rent, or purchase any real or personal property needed by the city for any public use, unless a different provision for purchase is made by statute or ordinance. However, the city legislative body may by ordinance: (1) require that these condemnations, rentals, or purchases be included in a long-range capital expenditure program to be proposed by the works board and updated as required by the legislative body, but at least annually; (2) require the works board to estimate, at least annually, expenditures needed for condemnations, rentals, and purchases for each successive fiscal year; (3) approve, amend, or reject all or part of the long-range capital expenditure program and the proposed annual e,x-qenditures, before or during the adoption of the city budget; and ( ;pecify the manner in which the works board must itemize the estimates of capital program expenditures for each ~ ,I year. As added by Acts 1981, P.L.309, SEC. 79. Amended by Acts 1982, P.L.33, SEC. 45. IC 36-10-4 Chapter 4. Parks Department in Certain Cities IC 36-10-4-1 Se~. 1. (a) This chapter applies to each second class city in which the legislative body has adopted all or part of this ' ~pter by ordinance. This chapter applies to each third class city in which the legislative body has adopted all or part of this apter by ordinance. (c) In addition, in a consolidated city sections 9(a) and 12 through 40 of this chapter apply to the department of parks and recreation and the board of parks and recreation, subject to IC 36-3-4-23. As added by Acts 1981, P.L.309, SEC. 111. Amended by Acts 1981, P.L.320, SEC. IO; Acts 1982, P.L.33, SEC. 48. IC 36-10-4-9 Sec. 9. (a) The board has, subject to statute and to the right given by section 5 of this chapter to other municipalities within the district to operate separate parks and recreational facilities, exclusive control of all property within the distric used for park purposes. (b) In addition, the part of all public ways that pass through park property is considered to be a part of this property and is also under the control of the board. (c) The board may do the following: (1) Acquire, lay out, and improve land for park purposes in the district and may equip, operate, maintain, and regulate the public use of that property. (2) Appoint a secretary, and, in his absence a secretary pro tempore, landscape architects, engineers, surveyors, attorneys, clerks, guards, laborers, playground directors, and other employees, prescribe their duties and authority, and fix their compensation. If a superintendent of the department is appointed, he shall be appointed under IC 36-4-9- 2. (3) Make rules not in conflict with statutes or the ordinances of the city for the management of the property under its control. (4) Require the department of public safety of the city to detail police officers to execute the orders and enforce the rules made by the board and to be subject to the board, with the city executive deciding any disagreement between ""two (2) departments as to the number and duration of the details of police officers. ' 'Locate, erect, and maintain fountains in parks, as well as in the public ways that form the boundaries of parks, or ~,..~rsect with them. (6) Erect and maintain suitable fences around parks. (7) Seize and impound animals found running at large in any of the parks, including establishing suitable places for the impounding. (8) Lease or sell any buildings, grounds, materials, equipment, or any parts of them owned by the city that are under the control of the department and that the board determines are not required for park purposes, permitting any other department of the city or the school city to occupy or use the property upon terms that are approved by the executive. All sums realized from the lease, sale, or other disposition of property shall be deposited in the city treasury to the credit of the department and expended for park purposes. All buildings and structures erected upon land under the control of the board are under the control of the board, and the board may not permit the erection of any building or structure upon land unless it becomes the property of the city. A lease or sale of minerals, mineral rights, or royalties for minerals for more than one ( 1 ) year from land owned by a second class city or a lease for more than one ( 1 ) year in a city that adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981) may be made only to the highest and best bidder after notice of the sale or lease has been given by publication in accordance with IC 5-3-1. (d) The board may also do the following: (1) Vacate public ways, or parts of them, on land under the control of the board in the same manner as the city works board may vacate them. (2) Take over and control public ways, or parts of them, within the city and convert them into boulevards or pleasure driveways if they connect with or run into or through a park, parkway, or boulevard or are necessary for the establishment of a park or boulevard system in the city, including grading, improving, and beautifying them and reuaquishing to other departments of the city the control of a public way or parkway in streets taken over that are not r assary or desirable for maintenance as part of the park system of the city. (. ~etition the proper board of the city to construct any necessary drainage or sanitary sewers and connections in a public way or parkway bordering park property and require a public service corporation to lay, install, and connect water and gas mains and electric light conduits in and along a boulevard or park drive when reasonably necessary. As added byActs 1981, P.L.309, SEC. 111. Amended by Acts 1981, P.L.45, SEC. 97; Acts 1981, P.L.320, SEC. 13; P.L.3-1990, SEC. 139. IC 36-1-7 Chapter 7. Interlocal Cooperation 36-1-7-1 c. 1. This chapter applies to the following: i'1 ) The state. (2) All political subdivisions. (3) All state agencies. (4) Another state to the extent authorized by the law of that state. (5) Political subdivisions of states other than Indiana, to the extent authorized by laws of the other states. (6) Agencies of the federal government, to the extent authorized by federal laws. As added by Acts 1980, P.L.211, SEC. 1. Amended by P.L.5-1993, SEC. 336. IC 36-1-7-2 Sec. 2. (a) A power that may be exercised by an Indiana political subdivision and by one (1) or more other governmental entities may be exercised: (1) by one (1) or more entities on behalf of others; or (2) jointly by the entities. Entities that want to do this must, by ordinance or resolution, enter into a written agreement under section 3 or 9 of this chapter. (b) Notwithstanding subsection (a), Indiana governmental entities that want only to buy, sell, or exchange services, supplies, or equipment between or among themselves may enter into contracts to do this and follow section 12 of this chapter. As added byActs 1980, P.L.211, SEC. 1. IC 36-1-7-3 ,r- ,,. 3. (a) An agreement under this section must provide for the following: r Its duration. ~., its purpose. (3) The manner of financing, staffing, and supplying the joint undertaking and of establishing and maintaining a budget therefor. (4) The methods that may be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination. (5) Administration through: (A) a separate legal entity, the nature, organization, composition, and powers of which must be provided; or (B) a joint board composed of representatives of the entities that are parties to the agreement, and on which all parties to the agreement must be represented. (6) The manner of acquiring, holding, and disposing of real and personal property used in the joint undertaking, whenever a joint board is created under subdivision (5)(B). In addition, such an agreement may provide for any other appropriate matters. (b) A separate legal entity or joint board established by an agreement under this section has only the powers delegated to it by the agreement. The agreement may not provide for members, directors, or trustees of the separate legal entity or joint board to make appointments (either individually or jointly) to fill vacancies on the separate legal entity or joint board. (c) Subsection (a)(6) does not apply to an emergency management assistance compact under IC 10-4-2.5. As added by Acts 1980, P.L.211, SEC. 1. Amended by P.L.56-1988, SEC. 11; P.L.30-1998, SEC. 3. IC 36-1-7-4 ~ Sec. 4. (a) If an agreement under section 3 of this chapter: (1) involves as parties only Indiana political subdivisions; -J~.) is approved by the fiscal body of each party either before or after it is entered into by the executives of the arties; and ~) delegates to the treasurer or disbursing officer of one (1) of the parties the duty to receive, disburse, and account for all monies of the joint undertaking; then the approval of the attorney general is not required. (b) If subsection (a) does not apply, an agreement under section 3 of this chapter must be submitted to the attorney general for his approval. The attorney general shall approve the agreement unless he finds that it does not comply with the statutes, in which case he shall detail in writing for the executives of the parties the specific respects in which the agreement does not comply. If the attorney general fails to disapprove the agreement within sixty (60) days after il is submitted to him, it is considered approved. As added byActs 1980, P.L.211, SEC. 1. IC 36-1-7-5 Sec. 5. (a) Except as provided in subsection (b) and regardless of the requirements of section 4 of this chapter, if an agreement under section 3 of this chapter concerns the provision of services or facilities that a state officer or state agency has power to control, the agreement must be submitted to that officer or agency for approval before it takes effect. (b) If a reciprocal borrowing agreement under section 3 of this chapter concerns the provision of library services or facilities between public libraries that are of the same nature as the services provided under the statewide library card program under IC 4-23-7.1-5.1, the reciprocal borrowing agreement is not required to be submitted to the Indiana library and historical board for approval before the reciprocal borrowing agreement takes effect, but a copy of the reciprocal borrowing agreement shall be submitted to the state library. (c) Approval or disapproval is governed by the same provisions prescribed by section 4(b) of this chapter for the attorney general. '~ ', added by Acts 1980, P.L.211, SEC. 1. Amended by P.L.37-1993, SEC. 4. ,36-1-7-6 Sec. 6. Before it takes effect, an agreement under section 3 of this chapter must be recorded with the county recorder. Not later than sixty (60) days after it takes effect, such an agreement must be filed with the state board of accounts for audit purposes. As added by Acts 1980, P.L.211, SEC. 1. Excerpts from The interlocal Agreement between Carmel and Clay Township Section 3.3 From and after the effective date of this agreement, the parties hereto shall administer their respective departments only through the joint board, it being expressly understood and agreed that the separate departments shall be merged and operate jointly under the terms of this agreement. Section 4.2 d. Acquire and dispose of real and personal property and provide for joint facilities by the issuance of bonds in accordance with article 8 hereof, Section 4.2 e. Exercise the power of eminent domain under the statutes available to municipalities and townships, FINANCE COMMITTEE REPORT January 7, 2000 The Finance Committee met on January 7, 2000, at 10:10 a.m. in the office of the Clerk- Treasurer. Members in attendance were Norman L. Rundle, John Koven and Diana Cordray. Others present were Kevin Kirby, Wayne Wilson, and Mayor Brainard. The meeting began with the discussion of several invoices concerning the Carmel International Arts Festival which had been placed on the Council meeting agenda on January 3, 2000. Mayor Brainard gave an accounting of the festival receipts and expenses from 1998 and 1999. The Mayor stated that as oftoday's date, the festival has a deficit of $80,000 to $83,000. Most of the debt is to Carmel vendors. There was significant discussion on the appropriateness of the City being involved in any festival. It was finally decided that after a thorough accounting is completed, the Council will advertise for an additional appropriation to cover the short fall. John Koven asked that a separate claims run be provided for the additional appropriation. A motion was made to withdraw the two applications for festival association membership based upon the poor fiscal management of the Festival. The two claims for newspaper advertising will be resubmitted with all outstanding International Festival invoices and will be included in the additional appropriation. There was additional discussion concerning the joinder payment made by the Township Trustee. The contractual agreement between the City and the Township signed on July 7, 1999, specifies that the check should be $1,747,048 for Fire and $135,748.50 forthe Communications Center. The check from the Township Trustee was for $1,677,166.08 (Fire) and $130,318.56 (Communications). The Finance Committee asked Mrs. Cordray to send a letter to the Township demanding the remaining funds be paid within 10 days. Diana Cordray, Clerk-Treasurer, submitted the list of voided checks to the Committee (see Exhibit A) pursuant to IC5-11-10.5-2. Recommendation as to payment of invoices on Council agenda dated 1/3/2000: Non-passage. Meeting adjourned at 12:30 p.m. Z/~tr~h; Koven Diana Cordray Voided Checks as of 12/31/99 Check Check umber Date 101 601 602 Payee 58768' 1/22/97 59646 3/19/97 20.00 61740 7/9/97 61754 7/9/97 62029 7/23/97 62034 7/23/97 62485 8/20/97 62712 9/3/97 62719 9/3/97 63124 9/30/97 13.95 63782 11/11/97 50.00 64226T 11/25/97 64576 12/10/97 13.65 5.99 15.60 2.36 28.37 40.00 2.61 3.21 2.96 19.53 1.54 83.95 36.78 99.04 B.E. or D.L. Robertson Gary Dufek Thomas Auda Alex Taggaff Play it Again Sports Carlor or Cindy Zimmerman Play it Again Sports Jeffrey Johnson Mark Stephens Matco Tools Terry Brookie Water Movers, Inc Mike Keen ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400