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Home My WebLink AboutCCM-01-03-00 CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JANUARY 3, 2000 –7:30 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER INVOCATION 1. PLEDGE OF ALLEGIANCE 2. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 3. APPROVAL OF MINUTES 4. a. December 14, 1999 – Special Meeting b. December 20, 1999 – Regular Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 5. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 6. ACTION ON MAYORAL VETOES 7. CLAIMS 8. · Payroll · General Claims · Retirement COMMITTEE REPORTS 9. OLD BUSINESS 10. Second Reading Ordinance D-1449-99 a. ; Amending Chapter 3, Article 1, Division II, Section 3-9 of the Carmel City Code (Authority to Call Special Council Meetings); Councilors Kirby and Koven PUBLIC HEARINGS 11. NEW BUSINESS 12. First Reading Ordinance D-1450-00; a. An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana; Diana L. Cordray, Clerk-Treasurer First Reading Ordinance D-1451-00; b. An Ordinance Amending Chapter 3, Article 1, Division II, Sections 3-12, 3-13 and 3-14 of the Carmel City Code (re: President Pro Tempore responsibilities); Councilors Kirby, Koven, Rundle, Snyder and Wilson First Reading Ordinance D-1452-00; c. An Ordinance Amending Chapter 3, Article 1, Division II, Section 3-17 of the Carmel City Code (re: Council Committees); Councilors Kirby, Koven, Rundle, Snyder and Wilson Resolution CC-01-03-00-01; d. A Resolution Approving Payment of Construction Costs for Hazel Dell Parkway; Kate Boyle-Weese, City Engineer Resolution CC-01-03-00-02 ; e. A Resolution Regarding Common Council Attorney; Councilors Kirby, Koven, Rundle, Snyder and Wilson OTHER BUSINESS 13. Discussion re: Council Authority to Approve Claims for the International Festival a. Election of Council President b. ANNOUNCEMENTS 14. EXECUTION OF DOCUMENTS 15. ADJOURNMENT 16. CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JANUARY 3, 2000 – 7:30 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Luci Snyder; Councilors Kevin Kirby, John Koven, Bob Battreall, Norm Rundle, Ron Carter and Wayne Wilson. Clerk-Treasurer Diana Cordray and Deputy Clerk Robin Butler also attended. Mayor Brainard called the meeting to order at 7:31 p.m. No invocation was offered. Mayor Brainard led the Pledge of Allegiance. The Mayor welcomed Wayne Wilson to the Council. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: APPROVAL OF MINUTES: Councilor Snyder moved to approve the minutes of the December 14, 1999, Special Meeting. Councilor Carter seconded. The minutes were approved 6-0 (Councilor Rundle was not present for the vote). Councilor Snyder moved to approve the minutes of the December 20, 1999, Regular Meeting. Councilor Kirby seconded. Councilor Koven moved to amend the minutes as follows: Councilor Carter is shown as voting both in favor and against Resolution CC-12-20-99-03. He, in fact, voted in favor of the ordinance. The amendment was approved 6-0. The minutes were approved 6-0 (Councilor Rundle was not present for the vote). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Dick Frost of 507 Stonehedge Dr. addressed the council regarding City Code 3-12 (c) regarding the duties and responsibilities of the presiding officer. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Koven moved to reopen the vote on the December 20, 1999, Regular Meeting Minutes. Councilor Kirby seconded. They were reopened by a vote of 7-0. Councilor Koven moved to insert Councilor Snyder’s name in the place where Councilor Carter’s name was incorrectly inserted as voting against the ordinance. Councilor Kirby seconded. The amendment was approved 7-0. The minutes were re-approved 7-0. CLAIMS: Councilor Snyder moved to approve claims in the amount of $433,620.16. Councilor Rundle seconded. Claims were approved 7-0. COMMITTEE REPORTS: There were no Committee Reports. OLD BUSINESS: Mayor Brainard introduced Ordinance D-1449-99; Amending Chapter 3, Article 1, Division II, Section 3-9 of the Carmel City Code (re: Authority to Call Special Council Meetings). There was no Council discussion. Ordinance D-1449-99 was approved 7-0. Councilor Wilson asked if this would be an appropriate time to ask for an additional Council meeting be called on January 19, 2000 at 7:00 p.m. Mayor Brainard said that it would be appropriate. Councilor Wilson then moved to call a Special Council Meeting on January 19, 2000 at 7:00 p.m. Councilor Snyder seconded. Mayor Brainard stated that he would call the meeting, without a Council vote th necessary. Clerk-Treasurer Cordray stated that the meeting scheduled to approve claims on the 18 would not be necessary, and asked the Mayor and the Council to cancel that meeting. Councilor Wilson withdrew his motion. Councilor Kirby seconded the motion to withdraw. The meeting is called for th January 19 , 2000 at 7:00 p.m. and the meeting on January 18, 2000 at 8:30 a.m. is cancelled. PUBLIC HEARINGS: There were none. NEW BUSINESS: Mayor Brainard announced Ordinance D-1450-00; Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana . Councilor Snyder moved to introduce the ordinance. Councilor Rundle seconded. Clerk-Treasurer Cordray stated that the City Code is now available on the World Wide Web through American Legal Publishing’s Web-site at www.amlegal.com. There was no further Council discussion. Ordinance D-1450-00 was carried forward to the next meeting. Mayor Brainard announced Ordinance D-1451-00; Amending Chapter 3, Article 1, Division II, Sections 3-12, 3-13 and 3-14 of the Carmel City Code (re: President Pro Tempore Responsibilities). Councilor Kirby moved to introduce the ordinance. Councilor Rundle seconded. Councilor Snyder briefly explained and read the ordinance. She stated that this and the following ordinance was intended to reorganize the Council because of the growth of the City and its projects. She also recommended that the new section 3-12 (b) [what was (c) in the original language] be deleted in its entirety. Councilor Kirby made a motion to make that deletion as stated and change the 3-12 (c) to 3-12 (b). Councilor Koven seconded. The amendment was approved 7-0. There was no further Council discussion. Ordinance D-1451-00 was carried forward to the next regular meeting. Mayor Brainard announced Ordinance D-1452-00; Amending Chapter 3, Article 1, Division II, Section 3-17 of the Carmel City Code (re: Council Committees). Councilor Kirby moved to introduce the ordinance. Councilor Wilson seconded. Councilor Snyder briefly explained and read the ordinance. She also discussed an amendment (Exhibit A). Councilor Rundle spoke in favor of the amendment. Councilor Kirby moved to amend the ordinance by replacing 3-17 section (b) paragraph (v) with the paragraph (v) as stated in Exhibit A. Councilor Rundle seconded. The amendment was approved 7-0. Clerk-Treasurer Cordray asked that the mention of Clerk in paragraph (vi) be changed to Clerk-Treasurer. Councilor Kirby moved to change the title Clerk in paragraph (vi) to Clerk-Treasurer . Councilor Snyder seconded. The amendment was approved 7-0. Councilor Carter asked if the Clerk-Treasurer’s Office is prepared to handle 84 more meetings per year, and if the City Hall has enough space to accommodate that many more evening meeting. Councilor Wilson asked the Clerk-Treasurer if her office could notice these meetings in advance one time per year. Clerk-Treasurer Cordray stated that if the committees decide to establish a regular monthly meeting, her office staff could notice that one time to the press in January and notice on the building before each meeting. Councilor Carter stated that these committees might not need to meet at regularly scheduled intervals. Clerk-Treasurer Cordray also stated that her office staff is not required to attend committee meetings, but they would be willing to transcribe notes as taken at the meeting. She stated that her office staff is willing to take on the additional work if that is the decision of the Council. Ordinance D-1452-00 was carried forward to the next regular meeting. Mayor Brainard announced Resolution CC-01-03-00-01; A Resolution Approving Payment of Construction Costs for Hazel Dell Parkway ($133,908.74). Councilor Snyder moved to introduce the resolution and stated that the title of the Resolution should read Pennsylvania Street instead of Hazel Dell Parkway . Clerk-Treasurer Cordray stated that it should, in fact read Hazel Dell Bond Project which includes both the Hazel Dell Parkway Project and the Pennsylvania Street Project. Councilor Kirby moved to amend the title of the resolution to read Hazel Dell Bond Project . Councilor Carter seconded. The amendment was approved 7-0. There was no further Council discussion. Resolution CC-01-03-00-01 was approved 7-0. Mayor Brainard announced Resolution CC-01-03-00-02; A Resolution Regarding Common Council Attorney. Councilor Kirby moved to introduce the resolution. Councilor Koven seconded. Councilor Snyder briefly explained and read the resolution. Councilor Battreall asked if this firm was hired on a retainer basis. Councilor Snyder stated that they are not. Councilor Battreall then asked how the firm would get paid since the Council does not have adequate money in their budget for outside counsel. Councilor Snyder stated that money would have to be acquired through special appropriation. Councilor Battreall then spoke against this resolution stating that the City has a Legal Department. Councilor Snyder stated that the Council can still use the City Legal Department and this firm will be used as a back-up for special circumstances, such as bond issues or in the case of annexation. Councilor Battreall asked if it was necessary for only one firm to be used. Councilor Carter asked if a representative of the Council had negotiated with the firm and if so, what is the hourly rate. Councilor Snyder asked the Clerk-Treasurer if she knew the hourly rate for the firm. Ms. Cordray answered that she did not recall. Councilor Snyder introduced Mike Eckerly of the firm McHale, Cook and Welch, to answer that question. Mr. Eckerly stated that the rates for him and his partner Bob Tagert are $195 per hour and $190 per hour, which is a reduction of approximately 25 percent. He also stated that the primary annexation lawyer will be billed at a rate of $160 per hour and Sue Beesley, who was the Corporation Counsel for the City of Indianapolis for almost 11 years has a rate of $185 per hour. Councilor Kirby moved to approve the resolution. Councilor Wilson seconded. Councilor Snyder proposed an amendment to Sections VI and VII to add or President Pro Tempore after the words as directed by the Council in each section. Councilor Rundle seconded the amendment. Councilor Carter asked for clarification of who was authorized to engage the services of this law firm. Councilor Snyder stated that each Councilor may request legal advice but the amendments say that only the Council as a whole or the President Pro Tempore may request their presence at a meeting or request them to work with the City Attorney. Councilor Battreall asked if he must use this firm or if he can still use the City Attorney. Councilor Snyder stated that it is not a requirement to use this firm. Councilor Koven called for the question. The amendment was approved 7-0. Councilor Carter asked if a Carmel firm was interviewed before the decision was made to go with this firm. Councilor Snyder stated that she did interview a Carmel firm but she felt that the Council needed a firm that had resources to cover annexation, bond issues and general legal issues and was not engaged by the City in any other capacity. Clerk-Treasurer Cordray clarified that McHale, Cook and Welch was engaged two years ago and in the last 60 days for a legal question. Resolution CC-01-03-00-02 was approved 5-2. Councilors Kirby, Koven, Rundle, Snyder and Wilson voted in favor. Councilors Battreall and Carter voted against. OTHER BUSINESS: Discussion re: Council Authority to Approve Claims for the Intemational Festival Councilor Snyder stated that this issue was added to the agenda based upon a question that the Clerk- Treasurer had and was not able to contact the Council members. Councilor Snyder suggested this issue be tabled and moved to the Finance Committee to review. Councilor Kirby seconded the motion to table. The issue was tabled 7-0. Election of Council President Councilor Snyder nominated Councilor Rundie for Council President for 2000. Councilor Kirby seconded. The Mayor stated that Councilor Rundle was now Council President by acclamation. ADJOURNMENT: Councilor Snyder announced two meetings regarding the Linder Project proposed for the South West th comer of 116 and Keystone. The meetings will be Thursday, January 6, 2000 at Starbucks Coffee in Merchants Square, from 6:00 p.m. to 8:00 p.m. and next week on Thursday, January 13, 2000 at the same place and time. Council President Rundle thanked everyone for their confidence in him and mentioned that he will contact each member of council within the next few days regarding committee appointments. Councilor Kirby commended Councilor Snyder for her year as Council President. Councilor Kirby moved to adjoum the meeting, pending the execution of documents. Councilor Snyder seconded. The meeting was adjourned at 8:32 p.m. Attest: Clerk-Treasurer Diana i_,. Cordray,~MC Respectfully submitted, Clerk-Treasurer Diana L. Cord~~,IAMC Apt" --ved, .... 1~ "., ~,or James Brainard /