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CARMEL CITY COUNCIL MEETING
AGENDA
MONDAY, MAY 7, 2001-7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CMC SQUARE
MEETING CALLED TO ORDER
2.
3.
4.
INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
6.
7.
8.
10.
APPROVAL OF MINUTES
a. April 13, 2001 - Special Meeting
b. April 16, 2001 - Regular Meeting
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
ACTION ON MAYORAL VETOES
CLAIMS
· Payroll
· General Claims
· Retirement
COMMITTEE 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
OLD
BUSINESS
Second Readin~ of Ordinance No. D-1504-01; An Ordinance of the Common Council
of the City of Carmel, Indiana, Providing for an Additional Appropriation From the
General Fund (Cannel City Court - $31,856.00); Sponsor: Councilor Koven
ONE CIVIC SQUARE CARMEL, INDIANA 46032 3 I7/571-2400
11.
12.
13.
PUBLIC HEARINGS
a. First Readinll of Ordinance No. D-1511-01; An Ordinance of the Common Council of
the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds From
the Cumulative Capital Sewer, Cumulative Capital Improvement and the Local Road and
Street Operating Balances (CCS - $68,486.00; CCI - $95,542.00 and LR&S -
$128,000.00); Sponsor: Councilor Wilson
NEW BUSINESS
First ReadinE of Ordinance No. D-1505-01; An Interlocal Cooperation Agreement
Between the City of Carmel, Indiana, and Hamilton County, Indiana, Concerning the
Monon Trail; Sponsor: Councilor Carter
First Readin~ of Ordinance No. D-1510-01; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending Chapter 2, Article 1, Division II, Section 2-9.1 of
the Cannel City Code; (Settlement Authority of City Attorney); Sponsor: Councilor
Koven
First Readin~ of Ordinance No. D-1512-01; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending Chapter 8, Article 9, Section 8-121 of the Carmel
City Code; (Automatic Traffic Control Signals); Sponsor: Councilor Kirby
First Readin~ of Ordinance No. Z-360; An Ordinance of the Common Council of the
City of Carrnel, Indiana, Amending Chapter 20E of the Carreel Clay Zoning Ordinance
Relating to the C-1 City Center Zoning District; Sponsor: Councilor Wilson
Resolution No. CC-05-07-01-01; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving Payment of Construction Costs for Hazel Dell and
Pennsylvania Bond Project ($92,631.87); Sponsor: Councilor Rundle
Resolution No. CC-05-07-01-02; A Resolution of the Common Council of the City of
Cannel, Indiana, to Adopt the Written Fiscal Plan and Definite Policy for an Area Known
as Annexation Territory in Ordinance No. C-206; Sponsor: Councilors Wilson, Snyder
and Koven
Resolution No. CC-05-07-01-03; A Resolution of the Common Council of the City of
Cannel, Indiana, Authorizing the Payment of Fiscal Year 2000 Claim From Fiscal Year
2001 Funds; Sponsor: Councilor Kirby
Resolution No. CC-05-07-01-04; A Resolution of the Common Council of the City of
Cannel, Indiana, Authorizing the Transfer of Funds by the Street Department
($7,410.00); Sponsor: Councilor Wilson
OTHER BUSINESS
a. Council Appointments:
· Cable TV Advisory Committee
· Cannel/Clay Library Board
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
COMMON COUNCIL MEETING
MINUTES
MONDAY, MAY 7, 2001 - 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CMC SQUARE
MEMBERS PRESENT:
Mayor James Brainard; Cotmcil Members Kevin Kirby, John Koven, Bob Battreall, Norm Rundle, Luci
Snyder, Ron Carter and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer
Carrie Gallagher were also in attendance.
Mayor Brainard called the meeting to order at 7:00 p.m.
Councilor Carter pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
Mayor Brainard read aloud and presented a Proclamation of Achievement in honor of Clerk-Treasurer
Diana Cordray and her office for their efforts in receiving the Award of Financial Reporting
Achievement for the City of Carmel. This award was given by the Government Finance Officer's
Association of the United States and Canada.
APPROVAL OF MINUTES:
Councilor Rundle moved to approve the Minutes of the April 13, 2001 Special Meeting.
Battreall seconded. The Minutes were approved 7-0.
Councilor Rundie moved to approve the Minutes of the April 16, 2001 Regular Meeting.
Battreall seconded. The Minutes were approved 7-0.
Councilor
Councilor
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Suzanne Tancock of 10775 Pimlico Cimle, addressed the Council regarding The Shepherd's Center of
Carreel, Inc. which provides opporttmities to enhance the lifestyle of older adults in the community.
Kase¥ Kauffman of 10525 Power Drive addressed the Council regarding her interest in the Carmel
Public Library appointment. Councilor Snyder expressed her support of Ms. Kauflinan.
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Battreall attended a Clay Township Board Meeting regarding the Monon Trail Interlocal
Agreement and claims totaling $814,000.00. He commented on concerns regarding transactions and
safety issues presented by the community. Councilor Carter responded to those concerns as well as
Council President Kirby.
CLAIMS:
Councilor Snyder moved to approve claims in the amounts of $244,661.38, $363,509.28, $3,577.50,
$253,145.68, $99,032.93 and $53,077.46. Councilor Carter seconded.
Councilor Rundle moved to add a claim in the amount of $8,399.56 to the original motion for approval.
Councilor Battreall seconded. The motion to add a claim in the amount of $8,399.56 to the original
motion to approve claims was approved 7-0.
Councilor Rundle then moved to delete the claim in the amount of $244,661.38 from the original motion
to approve claims. Councilor Battreall seconded stating that this particular claim was not in the original
Council packet and should therefore be considered an add-on item. Council President Kirby advised
that this claim has been read into the original motion to approve claims and thereby does not require it to
be added-on. There was extensive Council discussion. Clerk-Treasurer Diana Cordray explained the
purpose of this claim to Council. Discussion continued. Council President Kirby called for a vote on
the motion to delete this claim from the original motion to approve claims. Councilors Koven, Battreall
and Rundle voted in favor of deleting the Claim. Council President Kirby and Councilors Snyder and
Wilson voted against deleting the claim. Councilor Carter abstained allowing for a tie vote of 3-3.
Mayor Brainard then broke the tie vote and voted against deleting the claim. The final vote was 3-4,
defeating the motion.
There was extensive Council discussion conceming claims. Councilor Koven commented regarding the
claim to reimburse the Mayor for legal fees in the amount of $53,077.46. Council discussion continued.
Councilor Snyder moved to amend the hourly rate for reimbursement to the Mayor for this claim to an
amount of $200.00 per hour. Councilor Rundle seconded. Councilor Carter questioned the Council's
own attomey fee amounts as well as that of other City officials in the past. Council President Kirby
commented on the legal questions concerning these matters and called for the vote of the motion to
amend the hourly rate of this claim. Councilors Snyder and Rundle voted in favor of amending the
hourly rate. Council President Kirby and Councilors Koven, Battreall and Carter voted against
amending the hourly rate. The motion to amend the hourly rate for this claim was defeated by a vote of
2-4. Councilor Wilson abstained from the vote.
Finally, Council President Kirby acknowledged that all claims have been moved to approve as written
and called for a vote. Councilor Koven first made a motion to vote on the claim in the amount of
$53,077.46 separately from the rest of the claims. Councilor Snyder seconded. The motion was
approved 4-3. Councilors Koven, Rundle, Snyder and Wilson voted in favor of the motion. Council
President Kirby and Councilors Battreall and Carter voted against.
Claims in the amounts of $244,661.38, $363,509.28, $3,577.50, $253,145.68 and $99,032.93 were
approved 6-1. Councilor Carter voted in opposition of the claims.
The claim in the amount of $53,077.46 was approved 5-2. Councilors Koven and Carter voted in the
negative.
Council President Kirby recessed the meeting at 8:17p. m.
Council President Kirby called the meeting of the City Council back to order at 8:22 p. m.
COMMITTEE REPORTS:
Councilor Rundie stated that the Administration Committee has not met.
Committee will be May 21, 2001 at 8:30 a.m. in the Caucus Room.
The next meeting of the
Councilor Wilson reported that the Annexation and Land Use Committee met on April 26, 2001, at
which time the Committee reviewed a Utility Annexation Ordinance to be presented to the Council in
the near future. There was also a paragraph review of Annexation Ordinance No. C-207, a copy of
which has been distributed to all Council members for consideration. Updates were provided to the
Committee by Financial Consultant, H.J. Umbaugh and Annexation Consultant, Wabash Scientific and,
finally, five informational meeting dates concerning the Western Clay Township Annexation were
announced. Those dates and locations are as follows: May 16, 23 and 29, 2001 at 7:00 p.m. at Towne
Meadow Elementary School; May 17, 2001 at 7:00 p.m. at Smokey Row Elementary School and May
30, 2001 at 7:00 p.m. at Woodbrook Elementary School. The next meeting of the Annexation and Land
Use Committee is scheduled for May 10, 2001 at 7:00 p.m in the Caucus Room.
Councilor Snyder reported that the Economic Development Committee met on May 7, 2001. The
Committee voted unanimously against the Diversity Initiative by a vote 3-0. Members of the Committee
felt that this matter is best handled at a County level and moved to add this matter as an item to the
agenda for action tonight. Council President Kirby suggested that this item be introduced in the form of
a Resolution instead, at the next meeting of Council. Councilor Snyder agreed. The next meeting of the
Economic Development Committee is scheduled for May 21, 2001, at 6:00 p.m. in the Council' s office.
Council President Kirby reported that the Finance Committee met on April 27, 2001, at which time the
Mayor's claim for reimbursement for legal fees was approved. The Committee also set out an
Ordinance regarding fixed assets of the community which will be further discussed at the next scheduled
meeting of the Committee scheduled for May 25, 2001, at 8:00 a.m. in the Clerk-Treasurer's Office.
Councilor Carter reported that the Parks and Recreation Committee met on April 17, 2001. The
Committee discussed the Monon Resolution and development as well upcoming budget sessions. The
Committee did not meet on its regularly scheduled date of May 7; therefore, the next meeting of the
Parks and Recreation Committee is scheduled for June 4, 2001, at 6:00 p.m. in the Caucus Room.
Councilor Battreall stated that the Public Safety Committee has not met. The next meeting is scheduled
for May 21, 2001, at 10:00 a.m. in the Caucus Room.
Councilor Koven stated that the Rules Committee did not meet on its regularly scheduled meeting date
of April 27th due to lack of an agenda. The next meeting of the Committee is scheduled for May 25,
2001, at 9:30 a.m. in the Council's office.
Council President Kirby stated that the Utilities and Transportation Committee has not met. The next
regularly scheduled meeting of the Committee scheduled for May 11 th will be canceled.
Council President Kirby advised that the Finance Committee meeting times have been changed
~ermanentlv from 9:30 a.m. to 8:00 a.m.
OLD BUSINESS:
Council President Kirby announced the Second Readin~ of Ordinance No. D-1504-01; An Ordinance of
the Common Council of the City of Carreel, Indiana, Providing for an Additional Appropriation From
the General Fund (Cannel City Court - $31,856.00). Council President Kirby reviewed the details of
this matter to Council. There was no discussion. Ordinance No. D-1504-01 was approved 7-0.
PUBLIC HEARINGS:
Council President Kirby announced the First Readin~ of Ordinance No. D-1511-01; An Ordinance of
the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of
Funds From the Cumulative Capital Sewer, Cumulative Capital Improvement and the Local Road and
Street Operating Balances (CCS - $68,486.00; CCI - $95,542.00 and LR&S - $128,000.00). Councilor
Snyder moved to introduce this item into business. Councilor Rundie seconded. Councilor Wilson
presented this matter to Council. The Public Heating was opened at 8:43 p.m. Seeing no one who
wished to speak, the Public Hearing was closed at 8:44 p.m. There was no Council discussion.
Councilor Snyder moved to suspend the rules sending this matter to Committee. Councilor Battreall
seconded. The motion suspending the rules was approved 7-0. Ordinance No. D-1511-01 will return at
the next meeting of Council on May 21, 2001.
NEW BUSINESS:
Council President Kirby announced the First Readin~ of Ordinance D-1515-01~ An Interlocal
Cooperation Agreement Between the City of Carmel, Indiana, and Hamilton County, Indiana,
Concerning the Monon Trail. Councilor Battreall moved to introduce this item into business. Councilor
Snyder seconded. Councilor Carter presented this matter to Council and recommended that it not be
sent to Committee and be acted on tonight. There was Council discussion. Councilor Carter moved to
suspend the rules sending this matter to Committee and act on this item tonight. Councilor Battreall
seconded. There was further discussion. The motion was defeated by a vote of 5-2, such motion
requiring a 4/5 vote (6-1). Councilors Koven and Rundie voted in opposition of the motion. Therefore,
Council President Kirby referred Ordinance No. D-1515-01 to the Public Safety Committee for further
review.
Council President Kirby announced the First Readin~ of Ordinance No. D-1510-01; An Ordinance of
the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 1, Division II,
Section 2-9.1 of the Carmel City Code; (Settlement Authority of City Attorney). Councilor Koven
moved to introduce this item into business. Councilor Rundie seconded. Councilor Koven presented
this matter to Council and recommended it be sent to the Rules Committee for further review and
consideration. There was no Council discussion. Council President Kirby referred Ordinance No. D-
1510-01 to the Rules Committee.
Council President Kirby announced the First Reading of Ordinance No. D-1512-01; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 9, Section 8-121 of
the Carmel City Code; (Automatic Traffic Control Signals). Councilor Snyder moved to introduce this
item into business. Councilor Wilson seconded. Council President Kirby presented this matter to
Council. There was Council discussion. Council President Kirby referred Ordinance No. D-1512-01 to
the Public Safety Committee for further review.
Council President Kirby announced the First Readin~ of Ordinance No. Z-360; An Ordinance of the
Common Council of the City of Cannel, Indiana, Amending Chapter 20E of the Carreel Clay Zoning
Ordinance Relating to the C-1 City Center Zoning District. Councilor Snyder moved to introduce this
item into business. Councilor Wilson seconded and presented this matter to Council. There was no
Council discussion. Council President Kirby referred Ordinance No. Z-360 to the Annexation and Land
Use Committee.
Council President Kirby announced Resolution No. CC-05-07-01-01; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving Payment of Construction Costs for Hazel Dell and
Pennsylvania Bond Project ($92,631.87). Councilor Rundle moved to introduce this item into business,
Councilor Snyder seconded. Councilor Rundie presented this matter to Council. There was no Council
discussion concerning the Resolution; however, Council President Kirby asked Mayor Brainard what the
completion date was for the Pennsylvania Street project. Mayor Brainard advised that the latest date
given by the contractor to open the part south of 116th Street was May 10, 2001. Mayor Brainard further
stated that the part north of 122na Street, which will go within a couple hundred feet of the intersection
of Old Meridian, will still be several months yet. No date has been provided for that one. Councilor
Kirby asked if the completion dates were stated in the contract. Mayor Brainard stated that they were
and that they have not been met. Resolution No. CC-05-07-01-01 was approved 7-0.
Council President Kirby announced Resolution No. CC-05-07~01-02; A Resolution of the Common
Council of the City of Carmel, Indiana, to Adopt the Written Fiscal Plan and Definite Policy for an Area
Known as Annexation Territory in Ordinance No. C-206. Councilor Wilson moved to introduce this
item into business. Councilor Battreall seconded. Councilor Wilson presented this matter to Council.
Councilor Snyder offered additional details. There was Council discussion. Resolution No. CC-05-07-
01-02 was approved 7-0.
Council President Kirby announced Resolution No. CC-05-07-01-03; A Resolution of the Common
Council of the City of Carmel, Indiana, Authorizing the Payment of Fiscal Year 2000 Claim From Fiscal
Year 2001 Funds. Councilor Rundie moved to introduce this item into business. Councilor Battreall
seconded. Council President Kirby presented this matter to Council. There was Council discussion.
Resolution No. CC-05-07-01-03 was approved 6-1. Councilor Koven voted in opposition of this matter.
Council President Kirby announced Resolution No. CC-05-07-01-04; A Resolution of the Common
Council of the City of Carmel, Indiana, Authorizing the Transfer of Funds by the Street Department
($7,410.00). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded.
Councilor Wilson presented this matter to Council. Clerk-Treasurer Diana Cordray offered additional
details and advised that the amount to be transferred should be amended to reflect $8,880.18. Councilor
Rnndle moved to amend Resolution No. CC-05-07-01-04 to reflect a transfer amount of $8,880.18.
Councilor Battreall seconded. The motion to amend was approved 7-0. Resolution No. CC-05-07-01-
0__4 was approved, as amended, 7-0.
OTHER BUSINESS:
Council Appointments to Cable TV Advisorv Committee and Carmel/Clav Library Board: Council
President Kirby presented this matter to Council and advised that the Cable TV Advisory Committee
appointment will not be made by Council. There was Council discussion conceming the options for
appointment. Councilor Snyder nominated Ms. Kasey Kauffman. Councilor Battreall asked that the
appointment be tabled for further consideration. Councilor Rundie acknowledged his supported of that
request. The Council Appointment to the Cannel/Clay Library Board will return to the next meeting of
the Council on May 21, 2001.
ADJO(IRbl/~IEI~:
Councilor Snyder moved to adjoum the meeting, pending the execution of documents.
Battreall seconded. The meeting was adjourned at 9:34 p,m.
Councilor
Respectfully submitted,
Clerk-Treasurer Diana L. CordraL~MC
Approved,
James Brainard
ATTEST:
Clerk-Treasurer ,
IAMC
5/7/01Minules