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HomeMy WebLinkAboutCCM-12-18-00City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 18, 2000-7:00 P.M. COUNCIL CHAMBERS / CITY HALL l ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. December 4, 2000 - Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS · Payroll · General Claims · Retirement 9. COMMITFEE REPORTS a. Administration Committee b. Annexation and Land Use Committee c. Economic Development Committee d. Finance Committee e. Parks & Recreation Committee f. Public Safety Committee g. Rules Committee h. Utilities and Transportation Committee 10. OLD BUSINESS a. Second Reading of Annexation Ordinance No. G205, Amended; An Ordinance Annexing Certain TerritoW to the City of Cannel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel (I-465 from 96m Street to College Avenue); Sponsor: Councilor Snyder ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571,2400 11. PUBLIC HEARING a. First Reading of Ordinance No. D-1497-00; An Ordinance Providing for an Additional Appropriation from the General Fund ($34,877.00 - #430 Legal Fees); Sponsor: Councilor Battreall b. First Readinl~ of Ordinance No. D-1498-00; An Ordinance Approving the Appropriation and Transfer of Monies from the City User Fee Fund to the Department of Law to Pay Claims for Cost of Administering City Deferrat Program ($39,404.00); Sponsor: Councilor Battreall c. Second Readinl~ of Ordinance No. Z-:}56, Restated and Amended; An Ordinance to Establish an Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure Needed to Serve Residential Development; Sponsor: Councilor Kirby d. First Reading of Ordinance No. Z-358; An Ordinance Amending Zoning Ordinance No. Z-160, As Amended (North Haven); Sponsor: Councilor Snyder NEW a. BUSINESS Introduction of Annexation Ordinance No. C-208; An Ordinance Requesting Annexation of the l~eal Estate to the City of Carreel, Indiana (North Gray Road Between 96m Street and East 106~ Street); Sponsor: Councilor Snyder First Reading of Ordinance No. D-1499-00; An Ordinance Amending Chapter 3, Article 1, Division H, Section 3-19(a) of the Cannel City Code (Establish Council Agenda Deadlines); Sponsor Councilor Rundie Resolution No. CC-12-18-00-01; A Resolution for the Transfer of Funds by the Board of Public Works ($38,945.00); Sponsor: Councilor Bartreall Resolution No. CC-12-18-00~02; A Resolution for the Transfer of Funds by the Board of Public Works ($7,500.00); Sponsor: Councilor Battreall Resolution No. CC-12-18-00-04; A Resolution of the Common Council of the City of Cannel, Indiana Regarding the Management of Stormwater Runoff From Developed Real Property in the City of Carmel; Sponsor: Councilor Kirby 13. OTHER BUSINESS 14. 15. 16. ANNOUNCEMENTS EXECUTION OF DOCUMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, DECEMBER 18, 2000 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council Members Keyin Kirby, John Koven, Bob Battreall, Norm Rundle, Luci Snyder, Ron Carter and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carde Gallagher were also in attendance. Mayor James Brainard called the meeting to order at 7:00 p.m. Councilor Wayne Wilson pronounced the Invocation. Mayor James 13rainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: APPROVAL OF MINUTES: Councilor Wilson moved to approve the Minutes of the December 4, 2000 Regular Meeting. Councilor Koven seconded. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Mayor Brainard announced the News Release advising the community that the City of Carmel will receive one million dollars in federal funds to assist in upgrading processing equipment at the Wastewater Treatment Facility. Councilor Carlet made lengthy remarks regarding condemnation of the Vera Henshaw property and Councilor Wilson's involvement in negotiations. Councilor Wilson responded to Councilor Carter's remarks. Councilor Snyder commented on a recent article conceming Curt Coonrod, a contracted professional for the City of Cannel, and questioned the Mayor and Clerk-Treasurer regarding any contingency fee contracts with Mr. Coonrod. The Mayor and Clerk-Treasnrer advised that all contracts dealing with Mr. Coonrod are on an hourly basis only. Councilor Wilson questioned the amount spent in the last five years on services from Mr. Coonrod. Mrs. Cordray stated the amount was in excess of $388,000 and of that amount, between $80,000 to $90,000 was paid to Mr. Coonrod for the Clay West Annexation. There was Council discussion. ClerksTreasurer Diana Cordray advised Council of a note of thanks received from the Cities and Towns for the contribution made to the IACT Youth Foundation. Council President Rundle acknowledged that a thank you was also received from the Carmel Arts Council CLMMS: Councilor Snyder moved to approve Claims in the amounts of $653,595.79 and $645,833.57. Councilor Wilson seconded. Councilor Carter expressed his opposition of the claims and addressed the Council once again regarding the signature of all claims prior to the meeting of Council. Council President Rundle advised that in accordance with the State Board of Accounts the signature of each individual claim is not necessary. Councilor Koven added that in accordance with Page 43-9 of the Standard Operating Procedures in the Cities and Towns Accounting Manual, automated accounting systems do not require that claims be signed individually. Councilor Koven therefore asked Councilor Carlet to rescind his opposition of the claims. Councilor Carter declined. Council President Rundle advised Council that he will forward the concern of Councilor Carlet to the Finance Committee for further review. The claims were approved 6-1. Councilor Carter voted in opposition of the claims. COMMITTEE REPORTS: Councilor Koven stated that the Administration Committee was scheduled to meet on December 15, 2000; however, the meeting was eanceled due to an oversight in publication of the meeting. Councilor Snyder reported that the Annexation and Land Use Committee met on December 14, 2000, at which time the Committee voted unanimously in favor of the fezone of Augusta Drive and 96th Street (North Haven). There was extensive discussion regarding Ordinance Nos. C-206 and C-207 as well as the attendant fiscal plan and, finally, the Committee reviewed and discussed a written report of the Guilford Annexation Strategy. The next meeting of the Committee is scheduled for January 18, 2000, at 7:00 p.m. Councilor Wilson reported that the Economic Develonment Committee met on December 18, 2000, at which time the Council appointment to the Economic Development Commission, Mark Mitchell, was present and discussed with the Committee general ideas on developing an economic development plan for the technology industry. Council President Rundle reported that the Finance Committee met in a special meeting on December 15, 2000, at which time the Committee considered the Park Impact Fee Ordinance. The Committee provided a unanimous, favorable recommendation to Council for consideration. Councilor Carter reported that the Parks and Recreation Committee met on December 11, 2000. The Committee also discussed the Park Impact Fee and provided a unanimous, favorable recommendation to Council for its passage. Councilor Battreall stated that the Public Safety Committee has not met. Council President Rundle stated that the Rules Committee has not met. Councilor Kirby stated that the Utilities and Transportation Committee has not met. OLD BUSINESS: Council President Rundie announced the Second Readin~ of Annexation Ordinance No. C-205, Amended; An Ordinance Annexing Certain Territory to the City of Cannel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Camel (1-465 from 96th Street to College Avenue). Councilor Snyder advised Council that the Ordinance passed unanimously at Committee. Nick Kile of Barnes & Thornburg further presented the matter to Council. Councilor Koven questioned Mr. Kile regarding the process of annexation in that area. Mr. Kile responded. Mayor Brainard provided an additional response to Councilor Koven's inquiry. There was no further discussion. Annexation Ordinance No. C-205 was approved 7-0. PUBLIC HEARING: Council President Rundie announced the First Readin~ of Ordinance No. D-1497-00; An Ordinance Providing for an Additional Appropriation from the General Fund ($34,877.00 ~ #430 Legal Fees). Councilor Carlet moved to introduce this item into business. Councilor Battreall seconded. Councilor Koven expressed an initial concern regarding the amounts reflected in the Ordinance. There was extensive Council discussion. City Attorney Doug Haney responded to Council questions and concerns. Councilor Koven moved to amend the Ordinance by deleting the amount of $12,000.00 for the professional services rendered by attorney John Molitor in 1998. Councilor Snyder seconded and questioned attorney John Molitor regarding those invoices. Mr. Molitor responded. Mr. Haney provided a further explanation of the Ordinance and the amounts detailed therein. Councilor Kirby advised against the amendment and suggested that Council approve the entire amount of the appropriation but specify to the Clerk-Treasurer not to pay that amount until the State Board of Accounts approves those 1998 invoices. The amendment was approved by a vote of 4-3, Councilors Car~er, Battreall and Kirby voted in opposition. Councilor Koven further questioned the Ordinance as to the Parkwood West TIF fees in the amount of $2,982.00 and moved to again amend the Ordinance by deleting that amount from the Ordinance as well. Councilor Snyder seconded the amendment to reduce the Ordinance by $2,982.00, bringing the total Additional Appropriation to $19,895.00. The second amendment was apprnved 7-0. Council President Rundle then opened the matter for public hearing at 8:27 p.m. Seeing no one who wished to speak, the public hearing was closed at 8:27 p.m. Council President Rundle advised of the need to act on this matter this evening. Therefore, Councilor Battreall moved to suspend the rules to send this matter to Committee and act on this Ordinance tonight. Councilor Carter seconded. The motion to suspend the rules, requiring a unanimous vote, was defeated 4-3. Council President Rundle advised this matter should now be referred to Committee. There was Council discussion. Councilor Koven moved to suspend the rules to send this matter to Committee again. Councilor Wilson seconded. The motion to suspend the rules was approved 7-0. Ordinance No. D-1497-00 will be carried over to the next meeting of Council on January 8,2001. Council President Rundle announced the First Readin~ of Ordinance No. D-1498-00; An Ordinance Approving the Appropriation and Transfer of Monies from the City User Fee Fund to the Department of Law to Pay Claims for Cost of Administering the City Deferral Program. Councilor Kirby moved to introduce this item into business. Councilor Koven seconded. City Attorney Doug Haney presented this matter to Council. Councilor Koven commented regarding the funds and placement of fees. There was extensive Council discussion. Council President Rundie opened the matter for public hearing at 8:38 p.m. Seeing no one who wished to speak, the public hearing was closed at 8:38 p.m. Council President Rundie referred Ordinance No. D-1498-00 to the Finance Committee for further review and consideration. Council President Rundle announced the Second Readin~ of Ordinance No. Z-356, Restated and Amended; An Ordinance to Establish an Lmpaet Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure Needed to Serve Residential Development. Council President Rundle advised Council ~at this Ordinance was unanimously approved by both the Parks and Finance Committees. There was no Council discussion. Council President Rundle opened the matter for public hearing at 9:03 p.m. Seeing no one who wished to speak, the public hearing was closed at 9:04 p.m. Ordinance No. Z-356 was approved 7-0. 3 Council President Rundie announced the First Reading of Ordinance No. Z-358; An Ordinance Amending Zoning Ordinance No. Z-160, As Amended (Noah Haven). Councilor Kirby moved to introduce this item into business. Councilor Koven seconded. Councilor Snyder provided an explanation of this matter. Charlie Frankenberger of Nelson & Frankenberger made a presentation to Council. Gary Weaver, architect for the project, provided additional details. Council President Rundie opened the matter for public hearing at 9:18 p.m. Dan Borba, President of the Williamson Run Homeowners Association, spoke on behalf of the residents at Williamson Run and in favor of the Ordinance. Seeing no one else who wished to speak, Council President Rundle closed the public heating at 9:23 p.m. There was Council discussion. John Hart of J.C Hart responded to Council questions and concerns. Councilor Kirby moved to suspend the rules to send this matter to Committee. Councilor Wilson seconded. The motion to suspend the rules, requiring a unanimous vote, was defeated 6-1. Councilor Battreall voted in opposition of the motion. Council President Rundie referred Ordinance No. Z-358 to the Annexation and Land Use Committee. Council President Rundle advised that Committee will not meet until January 18, 2001; therefore, Ordinance No. Z-358 will return to the meeting of Council on January 22, 2001. NEW BUSINESS: Council President Rundie announced the First Readin~ of Ordinance No. C-208; An Ordinance Requesting Annexation of the Real Estate to the City of Carmel, Indiana (North Gray Road Between th 96 Street and East 106th Street). Councilor Wilson moved to introduce this item into business. Councilor Snyder seconded. Councilor Kirby commented regarding annexations. There was no Council discussion. Council President Rundie referred Ordinance No. C-208 to the Annexation and Land Use Committee for further review and consideration. Council President Rundie announced the First Reading of Ordinance No. D-1499-00; An Ordinance Amending Chapter 3, Article 1, Division II, Section 3-19(a) of the Cannel City Code (Establish Council Agenda Deadlines). Councilor Carter moved to introduce this matter into business. Councilor Koven seconded. Clerk-Treasurer Diana Cordray presented an explanation of this Ordinance to Council. There was no Council discussion. Council President referred Ordinance No. D-1499-00 to the Rules Committee. Councilor Carter recommended that a part of the wording in subsection (a) of this Ordinance be reviewed and discussed at Committee. Council President Rundie announced Resolution No. CC-12-18-00-01; A Resolution for the Transfer of Funds by the Board of Public Works ($38,945.00). Councilor Carter moved to introduce this item into business. Councilor Snyder seconded. Mayor Brainard presented the details of this Resolution to Council. Councilor Kirby commented on his dissatisfaction with the maintenance of City Hall and questioned the withdrawal of monies from that line item. There was extensive Council discussion. Council President Rundie advised he was uncomfortable with the Resolution. Councilor Kirby stated he would not support the transfer. Councilor Snyder advised the same. There was continued discussion. Resolution No. CC-12-18-00-01 was approved 4-2, Councilors Wilson and Kirby voted in opposition. Councilor Battreall left the meeting during the discussion of Resolution No. CC-12-18-00-01. Council President Rundie announced Resolution No. CC-12-18~00-02; A Resolution for the Transfer of Funds by the Board of Public Works ($7,500.00). Councilor Kirby moved to introduce this item into business. Councilor Snyder seconded. Mayor Brainard presented this matter to Council. Councilor Koven questioned the need for the funds to which Nancy Heck, Department of Public Relations, advised that no monies had originally been budgeted for web site maintenance. There was Council discussion. Resolution No. CC- 12~ 18-00-02 was approved 6-0. Council President Rundie announced Resolution No. CC-12-18~00-04; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Management of Stormwater Runoff From Developed Real Property in the City of Cannel. Councilor Kirby moved to introduce this matter into business. Councilor Koven seconded. Councilor Kirby presented this matter to Council. There was Council discussion. Resolution No. CC-12-18-00~04 was approved 6-0. OTHER BUSINESS: ANNOUNCEMENTS: Councilor Koven advised the community that the last meeting of the year for the City Council is a claims meeting on December 28, 2000. The first meeting of the year is scheduled for January 8, 2001, at 7:30 p.m. Councilor Kirby acknowledged the report submitted by City Engineer, Kate Weese, regarding an update on all road projects in the City of Cannel. EXECUTION OF DOCUMENTS: ADJOURNMENT: Council President Rundie turned the meeting over to Mayor Brainard for adjournment, pending the execution of documents. Mayor Brainard entertained a motion to adjourn. Councilor Snyder so moved. Councilor Koven seconded. The meeting was adjourned at 10:27 p.m. Respectfully Submitted, C1 . t~AMC ATTEST: Approved, ~ or James Bratnar 12/18100 Minutes