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HomeMy WebLinkAboutCCM-10-15-01City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, OCTOBER 15, 2001-7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. , 6. 7. 8. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. October 1,2001 - 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 Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks and Recreation Committee Public Safety Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. OLD BUSINESS Fourth Readin~ of Ordinance No. D-1514-01, As Amended; An Ordinance of the Common Council of the City of Carreel, Indiana, Amending Chapter 2, Division VI, Article 4, Section 2-111 of the Cannel City Code (Police and Fire Pension Funds); Sponsor: Councilor Cartcr Third Readin~ of Ordinance No. D~1525-01, As Amended; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2-37, 2-39, 2-41, 2-42, 2-43, 2-46, 2-48, 2-50, 2-51 and 2-56 of the Carmel City Code (Employee Benefits); Sponsor: Councilor Battreall Second Readin~ of Ordinance No. D-1533-01, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division I, Sections 2-29, 2-30, 2-31, 2-32 and 2-33 of the Cannel City Code (Indemnification and Defense); Sponsor: Councilor Koven 11. PUBLIC HEARINGS First Readin~ of Annexation Ordinance No. C-206; 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 Cannel (Sweet, et al); Sponsor: Councilors Battreall and Carter 12. NEW a. BUSINESS First Readin~ of Annexation Ordinance No. C-208; 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 Cannel (C & J Company, LLC and CPM Family Trust); Sponsor: Councilor Snyder Introduction of Annexation Ordinance No. C-216; An Ordinance of the Common Council of the City of Carmcl, Indiana, Annexing Certain Territory to the City of Cannel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Cannel (96th Street and White River); Sponsor: Councilors Wilson, Kovcn and Snyder First Readinl~ of Ordinance No. D-1541-01; An Ordinance of the Common Council of the City of Carmcl, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-38 of the Cannel City Code (Health Insurance); Sponsor: Councilor Rundie First Readin~ of Ordinance No. D-1543-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Adding Section 6-67 to the Cannel City Code (Solicitation in Streets Prohibited); Sponsor: Councilor Battreall Resolution No. CC-10-15-01-01; A Resolution of the Common Council of the City of Cannel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Cannel, Indiana (96th Street and White River); Sponsor: Councilors Wilson, Koven and Snydcr f. Resolution No. CC-10-1~-01-02; A P~esolution of the Common Council of the City of Carreel, Indiana, Authorizing Payment of Fiscal Year 2000 Claims from Fiscal Year 2001 Funds (Department of Law - $40,680.44); Sponsor: Councilor Wilson 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTIOI~ OF DOCUMENTS 16. AD.IOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 15, 2001 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council Members John Koven, Norm Rundle, Luci Snyder and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carde Gallagher. Council President Keyin Kirby and Councilors Bob Battreall and Ron Carlet were absent. Councilor Norm Rundle was Acting President. Mayor Brainard called the meeting to order at 7:03 p.m. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard proclaimed the month of October as National Breast Cancer Awareness Month and, specifically, October 19th as National Marnmography Day in the City of Carmel, Indiana. He presented cancer survivor Ann Davis, a Carmel City employee, with the Certificate of Proclamation. Mayor Brainard turned the meeting over to Acting Council President, Norm Rundle. APPROVAL OF MINUTES: Councilor Snyder moved to approve the Minutes of the October 1, 2001 Regular Meeting. Councilor Koven seconded. The Minutes were approved 4-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Jim Kraft, President of The Brid~e Group, expressed gratitude to Council members, Mayor Brainard and the City of Carreel for permitting the "Casas de Amore" House Building Project on September 29, 2001, and presented them with a Bridge Building Award in appreciation. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: There were none. ACTION ON MAYORAL VETOES Acting Council President Rundle advised of a Mayoral Veto regarding Resolution No. CC-10-01-01-05 and stated his support to table this matter until such time that we have the required 2/3 majority of the Common Council in attendance to take an official Council action. Councilor Koveu stated that, in accordance to the roles, a Council vote must take place at the first meeting following the vetoed action and since a 2/3 majority of the Common Council is not present, the veto must stand. Mayor Brainard stated that he is not in objection to the Resolution, he just wanted to ensure the revision of the incorrect calculation on the Fiscal Plan. Councilor Koven added that since this is a minor issue which does not have any impact For at least four months, a new Resolution may be presented to Council in the meantime with a corrected Fiscal Plan. Therefore, the veto stands without any action ~om Council. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $260,809.97, $61,426.74, $1,130,794.51 and $230,435.32. Councilor Wilson seconded. Claims were approved 4-0. COMMITTEE REPORTS: Acting Council President Rundle stated that the Administration Committee has not met. The next regular meeting of the Administration Committee is scheduled for November 19, 2001, at 8:30 a.m. in the Caucus Room. Councilor Wilson stated that the Annexation and Land Use Committee has not met. However, the Committee will hold a Special Meeting on October 18, 2001, at 7:00 p.m. in the Caucus Room for an open discussion concerning proposed Annexation Ordinance No. C-210. Councilor Wilson invited the public to attend. The next regular meeting of the Annexation and Land Use Committee is scheduled for November 8, 2001, at 7:00 p.m. in the Caucus Room. Councilor Snyder stated that the Economic Development Committee has not met. The next regular meeting of the Committee is scheduled for November 19, 2001, at 6:00 p.m. in the Council' s office. Clerk-Treasurer Diana Cordray, on behalf of absent Council President Kirby, stated that the Finance Committee has not met. The next regular meeting of the Committee is scheduled for October 26, 2001, at 8:00 a.m. in the Clerk-Treasurer's Office. Councilor Snyder, on behalf of absent Councilor Carter, stated that the Parks and Recreation Committee has not met. The next regular meeting of the Committee is scheduled for November 5, 2001, at 6:00 p.m. in the Caucus Room. Acting Council President Rundle, on behalf of absent Councilor Battreall, stated that the Public Safet,/ Committee has not met. The next meeting of the Committee is scheduled for November 5, 2001, at 10:00 a.m. in the Caucus Room. Councilor Koven stated that the Rules Committee has not met; however, a Special Meeting will be scheduled in the near future. The next regular meeting of the Committee scheduled for October 26, 2001, at 9:30 a.m. in the Council's office. ACTION ON MAYORAL VETOES Acting Council President Rundie advised of a Mayoral Veto regarding Resolution No. CC-10-01-01-05 and stated his support to table this matter until such time that we have the required 2/3 majority of the Common Council in attendance to take an official Cotmcil action. Councilor Koven stated that, in accordance to the roles, a Council vote must take place at the first meeting following the vetoed action and since a 2/3 majority of the Common Council is not present, the veto must stand. Mayor Brainard stated that he is not in objection to the Resolution, he just wanted to ensure the revision of the incorrect calculation on the Fiscal Plan. Councilor Koven added that since this is a minor issue which does not have any impact for at least four months, a new Resolution may be presented to Council in the meantime with a corrected Fiscal Plan. Therefore, the veto stands without any action from Council. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $260,809.97, $61,426.74, $1,130,794.51 and $230,435.32. Councilor Wilson seconded. Claims were approved 4-0. COMMITTEE REPORTS: Acting Council President Runrile stated that the Administration Committee has not met. The next regular meeting of the Administration Committee is scheduled for-4~tc~ber 19, 2001, at 8:30 a.m. in the Caucus Room. k/d'~,'~i~4.c i ' Councilor Wilson stated that the Annexation and Land Use Committee has not met. However, the Committee will hold a Special Meeting on October 18, 2001, at 7:00 p.m. in the Caucus Room for an open discussion conceming proposed Annexation Ordinance No. C-210. Councilor Wilson invited the public to attend. The next regular meeting of the Annexation and Land Use Committee is scheduled for November 8, 2001, at 7:00 p.m. in the Caucus Room. Councilor Snyder stated that the Economic Development Committee has not met. The next regular meeting of the Committee is scheduled for November 19, 2001, at 6:00 p.m. in the Council's office. Clerk-Treasurer Diana Cordray, on behalf of absent Council President Kirby, stated that the Finance Committee has not met. The next regular meeting of the Committee is scheduled for October 26, 2001, at 8:00 a.m. in the Clerk-Treasurer's Office. Councilor Snyder, on behalf of absent Councilor Carter, stated that the Parks and Recreation Committee has not met. The next regular meeting of the Committee is scheduled for November 5, 2001, at 6:00 p.m. in the Caucus Room. Acting Council President Rundle, on behalf of absent Councilor Battreall, stated that the Public Safer,/ Committee has not met. The next meeting of the Committee is scheduled for November 5, 2001, at 10:00 a.m. in the Caucus Room. Councilor Koven stated that the Rules Committee has not met; however, a Special Meeting will be scheduled in the near future. The next regular meeting of the Committee scheduled for October 26, 2001, at 9:30 a.m. in the Council's office. Councilor Wilson, on behalf of absent Council President Kirby, stated that the Utilities and Transportation Committee has not met. The next regular meeting of the Conunittee is scheduled for November 9, 2001, at 8:00 a.m. in the Council's Office. OLD BUSINESS: Acting Council President Rundie advised that Ordinance No. D-1514-01, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Division VI, Article 4, Section 2-111 of the Carmel City Code (Police and Fire Pension Funds) is still in Committee for continued discussion and will return to the Agenda on November 19, 2001. Acting Council President Rundle announced the Third Readin~ of Ordinance No. D-1525-01, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2-37, 2-39, 2-41, 2-42, 2-43, 2-46, 2-48, 2-50, 2-51 and 2-56 of the Carmel City Code (Employee Benefits). Councilor Koven moved to introduce this item into business. Councilor Snyder seconded. There was no Council discussion. Ordinance No. D-1525-01 was approved 4-0. Acting Council President Rundle advised that Ordinance No. D-1533-01, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division I, Sections 2- 29, 2-30, 2-31, 2-32 and 2-33 of the Carmel City Code (Indemnification and Defense) is also still in Committee for continued discussion. Councilor Koven advised that this matter will return to the Agenda in "' December for consideration by the full Council. PUBLIC HEARINGS: Acting Council President Rundle announced the First Reading of Annexation Ordinance No. C-206~ As Amended; An Ordinance Annexing Certain Territory to the City of Carreel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Cannel (Sweet, et al). Councilor Wilson moved to introduce this item into business and presented this matter to Council. Councilor Snyder seconded. Acting Council President Rundie opened the matter for Public Hearing at 7:30 p.m. Seeing no one who wished to speak, Acting Council President Rundle closed the Public Hearing at 7:31 p.m. There was no Council discussion. Annexation Ordinance No. C-206 will return to the Agenda upon the expiration of 30 days. NEW BUSINESS: Acting Council President Rundle announced the First Readin~ of Annexation Ordinance No. C-208; 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 Cannel (C & J Company, LLC and CPM Family Trust). Councilor Snyder moved to introduce this item into business. Councilor Koven seconded. Councilor Snyder presented the matter to Council and advised that a similar Annexation Ordinance has recently been introduced; therefore, this item simply needs to be acted upon in order to remove it from the Agenda. There was brief Council discussion. Councilor Koven moved to suspend the roles and act on this matter tonight. Councilor Wilson seconded. Annexation Ordinance No. C-208 was defeated with a vote of 0-4. Acting Cotmcil President Rundle announced the Introduction of Annexation Ordinance No. C-216; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Cannel (96th Street and White River). Councilor Wilson moved to introduce this item into business and presented this matter to Council. Councilor Snyder seconded. Councilor Wilson moved to suspend the rules sending this matter to Committee as it has already been discussed. Councilor Snyder seconded. The rules were suspended by a vote of 4-0. Annexation Ordinance No. C-216 will return to the Agenda upon the expiration of 60 days. Acting Council President Rundle announced the First Reading of Ordinance No. D-1541-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-38 of the Carmel City Code (Health Insurance). Councilor Snyder moved to introduce this item into business. Councilor Wilson seconded. Acting Council President Rundle presented this matter to Council. There was no discussion. Ordinance No. D-1541-01 was referred to the Administration Committee for further consideration. Acting Council President Rundle announced the First Reading of Ordinance No. D-1543-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Section 6-67 to the Cannel City Code (Solicitation in Streets Prohibited). Councilor Snyder moved to introduce this item into business. Councilor Koven seconded. Acting Council President Rundie presented this matter to Council. Mayor Brainard offered additional details. There was Council discussion concerning the purpose of this Ordinance and possible exceptions to the rule. Mayor Brainard suggested that a clause may be added to allow for any potential exceptions. Ordinance No. D-1543-01 was referred to the Public Safety Committee for further consideration. Acting Council President Rundle announced Resolution No. CC-10-15-01-01; A Resolution of the Common Council of the City of Cannel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (96th Street and White River). Councilor Wilson moved to introduce this item into business. Councilor Snyder seconded. Councilor Wilson presented this matter to Council. There wasbrief discussion. Resolution No. CC-10-15-01-01 was approved4-0. Acting Council President Rundle announced Resolution No. CC-10-15-01-02; A Resolution of the Common Council of the City of Carreel, Indiana, Authorizing Payment of Fiscal Year 2000 Claims from Fiscal Year 2001 Funds (Department of Law - $47,213.44). Councilor Snyder moved to introduce this item into business. Councilor Koven seconded. Councilor Wilson presented this matter to Council and advised that the dollar amount of the Resolution needs to be amended as the amount of $70,000.00 reflects part of a previous transfer. Therefore, Councilor Wilson moved to amend the Resolution amount for payment to reflect $47,213.44. There was Council discussion. Councilor Koven seconded the amendment. The amendment was approved 4-0. Council discussion continued. A call for the question resulted in a tie vote of 2-2. (Councilors Koven and Snyder voted in the opposition.) Mayor Brainard voted in favor of the Resolution; therefore, Resolution No. CC- 10~ 15 -01-02 was approved with a tie-breaking vote o f 3 -2. OTHER BUSINESS: There was none. ANNOUNCEMENTS: There wer none. ADJOURNMENT: Acting Council President Rundie turned the meeting over to the Mayor for adjournment pending the execution of documents. The meeting was adjourned at 7:48 p.m. Respectfully submitted, Clerk-Treasurer Diana L. Cordra ,CC Approved, l~yor James Brainard ATTEST: Clerk-Treasurer Diana L. Cordray~