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.
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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~