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HomeMy WebLinkAboutCCM-11-05-01City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, NOVEMBER 5, 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 15,2001 - 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 Second Readin~ of Ordinance No. Z-365-01, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, to Add New Provisions to the Carmel Clay Zoning Ordinance (Ordinance No. Z-289) Creating a Park and Recreation District and Regulating Sexually Oriented Businesses, Model Homes, Special Use Signs, Variance Signs, and Non- Conforming Signs and to Make Several Procedural and Corrective Amendments to the Zoning Ordinance; Sponsor: Councilor Wilson 11. PUBLIC HEARINGS a. First Readin~ of Ordinance No. D-1542-01; An Ordinance of the Common Council of the City of Carreel, Indiana, Fixing Salaries of Elected Officials of the City of Carreel, Indiana, for the Year 2002; Sponsor: Councilor Kirby b. First Readin~ of Ordinance No. D-1545-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Authorizing and Approving the Transfer of Monies from the City User Fee Fund to the Department of Law for Cost of Administering City Deferral Program ($7,267.00); Sponsor: Councilor Cutter NEW BUSINESS a. First ReadinR of Ordinance No. D-1544-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Adding Chapter 8, Article 7, Section 8-70 to the Carreel City Code (Compression Release Engine Brakes Prohibited); Sponsor: Councilor Battreall b. First Readin~ of Ordinance No. D-1546-01 (formerly Ordinance No. D-1492-00); An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing a Fixed Asset Capitalization Policy; Sponsor: Councilor Snyder c. First Reading, of Ordinance No. D-1547-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division V, Section 2-81(c) of the Camel City Code (Meeting Stipend); Sponsor: Councilors Snyder and Wilson d. Resolution No. CC-11-05-01-01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing the Clerk-Treasurer of the City of Carmel, Indiana, to Transact Business of the City of Carmel Through the Use of Electronic Funds Transfer; Sponsor: Councilors Snyder e. Resolution No. CC-11-05-01-02; 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 (Street Department - $1,820.00); Sponsor: Councilor Wilson f. Resolution No. CC-11-05-01-03; 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 (Revised - Morgan Hart Area); Sponsor: Councilors Koven, Snyder and Wilson Resolution No. CC-11-05-01-04; A Resolution of the Common Council of the City of Carmel, Indiana, to Expedite the Construction of the City of Carmel's New Street Maintenance Facility; Sponsor: Councilor Wilson Resolution No. CC-11-05-01-05; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Street Department ($8,000.00); Sponsor: Councilor Wilson Resolution No. CC-11-05-01-06; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Street Department ($20,000.00); Sponsor: Councilor Wilson Resolution No. CC-11-05-01-07; A Resolution of the Common Council of the City of Cannel, Indiana, Amending Resolution No. CC-07-16-01-08, Regarding the Illinois Street Corridor; Sponsor: Councilor Kirby Resolution No. CC-11-05-01-08; A Resolution of the Common Council of the City of Cannel, Indiana, Approving a Transfer of Funds Within the Budget of the Department of Community Services ($100,000.00); Sponsor: Councilor Wilson Resolution No. CC-11-05-01-09; A Resolution of the Common Council of the City of Carmel, Indiana, to Adopt a New Official Zoning Map for the City of Carmel and Clay Township; Sponsor: Councilor Wilson 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 5, 2001 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Kevin Kirby; Council Members John Koven, Bob Batrreall, Norm Rundle, Luci Snyder, Ron Carter and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Cartie Gallagher. Mayor Brainard called the meeting to order at 7:04 p.m. Councilor Carter pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. ' RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: APPROVAL OF MINUTES: Councilor Koven moved to approve the Minutes of the October 15, 2001 Regular Meeting. Wilson seconded. The Minutes were approved 5-0. Councilors Battreall and Carter abstained. Councilor RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Kasev Kauffman of 10525 Power Drive, provided a quarterly report, as Council Appointee to the Cannel Clay Board of Trustees, regarding the Cannel Clay Public Library. Ron Houck of 315 West 107tn Street, addressed Council on behalf of the Plan Commission and explained the proposed amendments for the Illinois Street Con~dor Resolution to be heard on tonight's Agenda. Mr. Houck advised Council that the Plan Commission provided a favorable recommendation for the passage of this proposed, amended Resolution. Kathleen Lee of 11009 SDrin~ Mill Lane, addressed Council in support of the proposed, amended Illinois Street Corridor Resolution. Gerry Golden of 308 Spring Mill Court, also addressed Council in support of the proposed, amended Illinois Street Corridor Resolution. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Rundie reaffirmed the Ron Houck's statement regarding the Plan Commission's favorable recommendation of the proposed, amended Illinois Street Corridor Resolution. Councilor Snyder responded to public questions regarding City Center environmental concerns. Council President Kirby advised those persons in attendance at the meeting that the Illinois Street Corridor Resolution will not be voted on this evening, but will return to the Annexation and Land Use Committee for further review and consideration. Councilor Koven commented on City Center environmental concerns as well and questioned Mayor Brainard regarding the City's responsibility to cover the expense of the soil testing in the amount of $600,000.00. Mayor Brainard briefly responded to Councilor Koven's statements. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $584,868.81, $604,634.25 and $536,655.69. Councilor Rundle seconded. Councilor Koven stated that one claim to London Witte, submitted on the last claims run, requires passage of a Resolution to pay the claim prior to its approval. There was Council discussion concerning rules as to this matter. Councilor Koven moved to amend the approval of claims to ' be contingent upon approval of the Resolution on tonight's Agenda regarding the claim to London Witte. Councilor Snyder seconded the motion to amend. The motion to amend was approved7-0. Claims were approved, as amended, %0. COMMITTEE REPORTS: Councilor 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 reported that the Annexation and Land Use Committee met on October 18, 2001, which was an open invitation to the neighbors in the proposed annexation area for Ordinance No. C-210. There was also discussion concerning Ordinance No. Z-365 for which the Committee provided a favorable recommendation to Council. The next regular meeting of the Annexation and Land Use Committee, scheduled for November 8, 2001, is canoeled and the meeting will be rescheduled for November 29, 2001, at 7:00 p.m. in the Caucus Room. Councilor Snyder stated that the Economic Development Committee did not meet. The next regular meeting of the Committee, scheduled for November 19, 2001, is canoeled due to lack of an agenda. Council President Kirby stated that the Finance Committee met; however, Councilor Wilson reported on behalf of Council President Kirby. Councilor Wilson advised that the Committee met on October 26, 2001, at which time the Committee discussed the Clerk-Treasurer's bond for Barrett Law funding as well as the issue of payment to the Township for Parks. Councilor Wilson stated that the Committee also recommends the donation of $2,500.00 to the Wednesday Night Concert Series with the possibility of designating one night as 'Council Night'. The next regular meeting of the Committee is scheduled for November 23, 2001; however, that meeting is canoeled due to the holiday. Councilor Carter stated that the Parks and Recreation Committee has not met. The next regular meeting of the Committee is scheduled for December 3, 2001, at 6:00 p.m. in the Caucus Room. Councilor Battreall reported that the Public Safety Committee met on November 5, 2001, at which time the Committee discussed Ordinance No. D-1543-01 regarding prohibiting street solicitation. The Committee will provide a favorable recommendation to Council regarding this Ordinance. Councilor Battreall advised that the Committee also discussed ongoing concerns as to an upgrade in security at City Hall. The next meeting of the Committee is scheduled for December 3, 2001, at 10:00 a.m. in the Caucus Room. Councilor Koven reported that the Rules Committee met on October 25, 2001, at which time there was continued discussion regarding the Indemnification Ordinance No. D-1533-01 as well as initial discussion concerning the Deputy Mayor Ordinance which will be brought before Cotmcil at the first meeting in December. The next regular meeting of the Committee is scheduled for November 23, 2001, however, that meeting is canceled due to the holiday. Council President Kirby stated that the Utilities and Transl~ortation Committee has not met. The next regular meeting of the Committee is scheduled for November 9, 2001, at 8:00 a.m. in the Council's Office. OLD BUSINESS: Council President Kirby announced the Second Readin~ of Ordinance No. Z-365-01, As Amended; An Ordinance of the Common Council of the City of Cannel, Indiana, to Add New Provisions to the Carmel Clay Zoning Ordinance (Ordinance No. Z-289) Creating a Park and Recreation District and Regulating Sexually Oriented Businesses, Model Homes, Special Use Signs, Variance Signs, and Non-Conforming Signs and to Make Several Procedural and Corrective Amendments to the Zoning Ordinance. Councilor Wilson moved to introduce this item into business and presented the proposed amendments to Council. Councilor Snyder seconded. Councilor Wilson advised that the Annexation and Land Use Committee as well as the Chamber's Committee provided a favorable recommendation of this matter. Therefore, Councilor Wilson moved to amend Ordinance No. Z-365-01 as outlined in the Memorandum provided by John Molitor dated October 26, 2001. Councilor Snyder seconded the motion to amend. The amendments were approved by a vote of 5-2. Councilors Battreall and Carter voted in opposition of the amendments and each commented regarding their action. There was Council discussion. Ordinance No. Z-365-01 was approved 7-0. PUBLIC HEARINGS: Council President Kirby announced the First Reading of Ordinance No. D-1542-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2002. Councilor Snyder moved to introduce this item into business. Councilor Rundle seconded. Council President Kirby presented this matter to Council and opened the matter for Public Hearing at 7:51 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 7:52 p.m. There was no Council discussion. Councilor Koven moved to suspend the rules sending this matter to Committee. Councilor Rundle seconded. The motion to suspend the rules was approved 7-0. Ordinance No. D-1542-01 will retum to the next meeting of Council. Council President Kirby announced the First Reading of Ordinance No. D-1545-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving the Transfer of Monies from the City User Fee Fund to the Department of Law for Cost of Administering City Deferral Program ($7,267.00). Councilor Wilson moved to introduce this item into business. Councilor Snyder seconded. Councilor Carter briefly explained this matter to Council. Council President Kirby opened the matter for Public Hearing at 7:53 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Heating at 7:53 p.m. Councilor Koven moved to suspend the rules sending this matter to Committee. Councilor Rundle seconded the motion to suspend the rules. The rules were suspended by a vote of 7-0. Ordinance No. D-1545-01 will return to the next meeting of Council. NEW BUSINESS: Council President Kirby announced the First Readina of Ordinance No. D-1544-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Adding Chapter 8, Article 7, Section 8-70 to the Cannel City Code (Compression Release Engine Brakes Prohibited). Councilor Carter moved to introduce this item into business. Councilor Battreall seconded. Councilor presented this matter to Council. There was extensive Council discussion. Council President Kirby referred Ordinance No. D-1544-01 to the Public Safety Committee for further review and consideration. Council President Kirby announced the First Reading of Ordinance No. D-1546-01 fformerlV Ordinance No. D-1492-00); An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing a Fixed Asset Capitalization Policy. Councilor Snyder moved to introduce this item into business and presented it to Council. Councilor Wilson seconded. There was no Council discussion. Council President Kirby referred Ordinance No. D-1546-01 to the Finance Committee fur further review and consideration. Council President Kirby announced the First Reading of Ordinance No. D-1547-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division V, Section 2- 81(c) of the Carmel City Code (Meeting Stipend). Councilor Wilson moved to introduce this item into business and presented this matter to Council. Councilor Koven seconded. Councilor Wilson explained the purpose of this Ordinance; however, stated that he was also advised that Council is not able to implement this kind of change at this time. Councilor Wilson stated that the Mayor is the only one able to make such a change at this point in the year. Mayor Brainard provided no comment. Council President Kirby referred Ordinance No. D-1547-01 to the Administration Committee for further review and discussion. Council President Kirby announced Resolution No. CC-11-05-0t-01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing the Clerk-Treasurer of the City of Carmel, Indiana, to Transact Business of the City of Carmel Through the Use of Electronic Funds Transfer. Councilor Snyder moved to introduce this item into business and presented the matter to Council. Councilor Wilson seconded. There was no discussion. Resolution No. CC-11-05-01-01 was approved by a vote of 7-0. Council President Kirby announced Resolution No. CC-11-05-01-02; 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 (Street Department - $1,820.00). Cotmcilor Wilson moved to introduce this item into business and presented the matter to Council. Councilor Rundle seconded. There was extensive Council discussion. Councilors Koven and Snyder stated their position on the matter and advised why they would be voting against this Resolution. There was further discussion. Resolution No. CC-11-05-01-02 was approved by a vote of 5-2. Councilors Koven and Snyder voted in opposition. Council President Kirby announced Resolution No. CC- 11-05 -01-03; A Resolution of the Common Council of the City of Carreel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (Revised - Morgan Hart Area). Councilor Wilson moved to introduce this item into business and presented the matter to Council. Councilor Snyder seconded. There was no discussion. Resolution No. CC-11-05-01-03 was approved by a vote of 7-0. Council President Kirby announced Resolution No. CC-11-05-01-04; A Resolution of the Common Council of the City of Cannel, Indiana, to Expedite the Construction of the City of Carmel's New Street Maintenance Facility. Councilor Wilson moved to introduce this item into business and presented this matter to Council. Councilor Snyder seconded. There was Council discussion. Mayor Brainard advised he would be glad to work with the Annexation and Land Use Committee regarding this matter. There was further discussion. Resolution No. CC-11-05-01-04 was approved by a vote of 7~0. Council President Kirby announced Resolution No. CC-11-05-01-05; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Street Department ($8,000.00). Councilor Wilson moved to introduce this item into business and presented this matter to Council. Councilor Snyder seconded. There was no Council discussion. Resolution No. CC-11-05-01-05 was approved by a vote of 7-0. Council President Kirby announced Resolution No. CC-11-05-01-06; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Street Department ($20,000.00). Councilor Wilson moved to introduce this item into business and presented this matter to Council. Councilor Snyder seconded. There was no Council discussion. Resolution No. CC-11-05-01-06 was approved by a vote of 7-0. Council President Kirby announced Resolution No. CC-11-05-01-07; A Resolution of the Common Council of the City of Carmel, Indiana, Amending Resolution No. CC-07-16-01-08, Regarding the Illinois Street Corridor. Councilor Snyder moved to introduce this item into business. Councilor Wilson seconded. Council President Kirby stated his intentions to refer this matter back to Committee for additional review. There was no Council discussion. Resolution No. CC-11-05-01-07 was referred to the Annexation and Land Use Committee. Council President Kirby announced Resolution No. CC-11-05-01-08; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Within the Budget of the Department of Community Services ($100,000.00). Councilor Snyder moved to introduce this item into business. Councilor Wilson seconded and presented this matter to Council. There was Council discussion. Michael Hollibaugh, Director of the Department of Comn~unity Services, responded to concerns regarding the available funds in the Full-Time Salary Budget. Them was no further discussion. Resolution No. CC-11- 05-01-08 was approved by a vote of 7-0. Council President Kirby armouneed Resolution No. CC-11-05-01-09; A Resolution of the Common Council of the City of Carmel, Indiana, to Adopt a New Official Zoning Map for the City of Carmel and Clay Township. Councilor Snyder moved to introduce this item into business and presented this matter to Council. Councilor Wilson seconded. There was briefdiscussion. ResolutionNo. CC-11-05-01-09was approved by a vote of 7-0. OTHER BUSINESS: There was none. ANNOUNCEMENTS: Mayor Brainard invited the community to attend a Veteran's Day Ceremony on Friday, November 9, 2001, at 12:00 noon at the Main Fire Station on Civic Square. ADJOURNMENT: Council President Kirby turned the meeting over to the Mayor for adjournment pending the execution of documents. Councilor Battreall moved to adjourn. Councilor Snyder seconded. The meeting was adjourned at 9:49 p.m. Respectfully submitted, Approved, '~a~r Same4"4'f"es Brainar//'C~a/a~t't44~'*[/; ATTEST: Clerk-Treas~dr biana L. Cot~ray, IAMC ,~