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HomeMy WebLinkAboutCCM-12-17-01° :5 CityofCarmel COMMON COUNCIL MEETING AGENDA MONDAY, DECEMBER 17, 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. December 3,2001 - 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 a. Second Readinl~ of Ordinance No. D-1533-01; 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); Sponsor: Councilor Koven b. Second Readin[ of Ordinance No. D-1546-01 (Formerly Ordinance No. D-1492-00); An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Fixed Asset Capitalization Policy; Sponsor: Councilor Snyder c. Second Readinl~ of Ordinance No. D-1548-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Division II, Section 2-9 of the Carmel City Code (Deputy Mayor); Sponsor: Councilor Koven 11. PUBLIC HEARINGS First Readin~ of Ordinance No. Z-367-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Rezoning Lots 8, 9, 10, 11, 1 la, 12 and 13 within the North Augusta Subdivision from the S-l/Residence and B-2/Business District Classifications within the US 421/Michigan Road Overlay Zone to the B-2/Business District Classification within the US 421/Michigan Road Overlay Zone; Sponsor: Councilor Wilson 12. NEW BUSINESS a. First Readin~ of Ordinance No. D-1550-01; An Ordinance of the Common Council of the City of Carreel, Indiana, Concerning the Purchase of Certain Assets of Hamilton Western Utilities by the City of Carmel, Indiana, Authorizing the Issuance of Revenue Bonds for Such Purpose; Addressing Other Matters Counected Therewith, and Repealing Ordinances Inconsistent Herewith; Sponsor: Councilor Snyder b. First Readinl~ of Ordinance No. D-1551-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Carmel Water Rates and Charges as Originally Adopted Pursuant to Rate and Charge Ordinance No. A-73; Sponsor: Councilor Snyder c. First Readinl~ of Ordinance No. D-1552-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting a Code of Ordinances for the City of Carreel, Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the Political Subdivision Dealing with Subjects Embraced in Such Code of Ordinances; Sponsor: Councilor Snyder d. First Readinl~ of Ordinance No. S-68-01; An Ordinance of the Common Council of the City of Carmel, Indiana, to Budget Expenditures for the Operation and Depreciation Funds for the Sewer Utility; Sponsor: Councilor Kirby First Readinl~ of Ordinance No. W-87-01; An Ordinance of the Common Council of the City of Carmel, Indiana, to Budget Expenditures for the Operation and Depreciation Funds for the Water Utility; Sponsor: Councilor Kirby Resolution No. CC-12-17-01-01; A Resolution of the Common Council of the City of Cannel, Indiana, Authorizing and Approving the Investment of Public Funds in Money Market Mutual Funds; Sponsor: Councilor Snyder Resolution No. CC-12-17-01-02 (Formerly Resolution No. CC-11-05-01-07); A Resolution of the Common Council of the City of Carreel, Indiana, Amending Resolution Number CC-07-16-01-08, Regarding the Illinois Street Corridor; Sponsor: Councilor Kirby 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, DECEMBER 17, 2001 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Keyin Kirby; Cormell Members John Koven, Bob Battreall, 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 7:00 p.m. Councilor Carlet pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the December 3, 2001 Regular Meeting. Koven seconded. The Minutes were approved 7-0. Councilor RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Jerry Golden of 308 SDrin~nill Court, addressed Council in opposition of the Illinois Street Corridor Resolution to be voted on tonight's agenda. Kathleen Lee of 11009 SDrin~nill Lane, also commented in opposition of the Illinois Street Corridor Resolution. Ron Houck of 3 15 West 107th Street addressed the Council regarding the Illinois Street Corridor Resolution as well. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Council President Kirby commented with regard to the Illinois Street Corridor Resolution and made some clarifications in response to the concerns represented by those who addressed the Council. Councilor Snyder advised of the Mayor's execution of an Executive Order for the de-appropriation of funds in the amount of $766,500.00 for Council to utilize for the Parks Department deficiency. There was extensive discussion of this matter by Mayor Brainard, Clerk-Treasurer Diana Cordray and other Council members. CLAIMS: Councilor Snyder moved to approve claims in the amount of $566,238.11, $1,049,969.36 and $650~332.68. Councilor Rundie seconded. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Rundle stated that the Administration Committee has not met. Councilor Wilson reported that the Annexation and Land Use Committee met on December 13, 2001, regarding the Illinois Street Con-idor Resolution for which the Committee voted unanimously in favor of its passage to Council. The Committee also continued its discussions regarding Ordinance No. Z~366-01. Councilor Snyder reported that the Economic Development Committee met on December 17, 2001, regarding bringing new businesses to the area of Carmel. Council President Kirby stated that the Finance Committee has not met. Councilor Carter reported that the Parks and Recreation Committee met on December 3, 2001, at which time they continued to discuss the Parks Department issue. The next meeting of the Committee is scheduled in conjunction with a meeting of the Parks Board on December 18, 2001. Councilor Battreall stated that the Public Safety Committee has not met. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee, scheduled for December 28, 2001, is canceled. Council President Kirby reported that the Utilities and Transportation Committee met on December 14, 2001, regarding the Utilities Department budgets and Hamilton Western Utilities purchase. Council President Kirby asked for a motion to consider an add-on Bem, Resolution No. CC-12-17-01-03, under Other Business at the end of tonight's Agenda. Councilor Snyder so moved Councilor Battreall seconded. Resolution No. CC-12-17-01-03 will be considered under Other Business at the end of tonight's Agenda by a vote of 7-O. Council President Kirby then asked for a motion to place Agenda Item No. 12g, Resolution No. CC-12-17- 01-02, to the head of New Business in consideration of those present awaiting its vote tonight. Councilor Snyder moved as such. Councilor Wilson seconded. The motion was approved by a vote of 7-O. OLD BUSINESS: Council President Kirby announced the Second Readin~ of Ordinance No. D-1533-01; 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 Carreel City Code (Indemnification and Defense). Councilor Koven presented this matter to Council and moved to amend the Ordinance as indicated on the proposed amended Ordinance. Councilor Snyder seconded. The motion was defeated by a vote of 2-5. There was extensive Council discussion. Councilor Rundle moved to table the matter for further consideration by Committee. Councilor Battreall seconded. Ordinance No. D-1533-01 was tabled. Council President Kirby announced the Second Reading of Ordinance No. D-1546-01 Formerly Ordinance No. D-1492-00); An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Fixed Asset Capitalization Policy. Councilor Snyder moved to amend the effective date, in the last paragraph of the document, from January 1, 2001 t_o April 1, 2002. Councilor Battreall seconded. The motion to amend was approved by a vote of 7-0. Ordinance No. D-1546-01 was approved 7-0. Council President Kirby announced the Second Readin~ of Ordinance No. D-1548-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Division II, Section 2-9 of the Cannel City Code (Deputy Mayor). There was brief Council discussion. Ordinance No. D-1548-01 was approved by a vote of 5-2. Councilors Battreall and Carter voted in opposition. PUBLIC HEARINGS: Council President Kirby announced the First Reading of Ordinance No. Z-367-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Rezoning District Classification (Rezoning Lots 8, 9, 10, 11, 1 la, 12 and 13 within the North Augusta Subdivision from the S-l/Residence and B-2/Business District Classifications within the US 421/Michigan Road Overlay Zone to the B-2/Business District Classification within the US 421/Michigan Road Overlay Zone. Councilor Snyder moved to introduce this item into business. Councilor Carter seconded. Councilor Wilson presented this matter to Council. Council President Kirby opened the matter for Public Hearing at 8:42 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 8:43 p.m. There was no Council discussion. Councilor Wilson moved to suspend the roles sending this matter to Committee. Councilor Snyder seconded the motion. The roles sending this matter to Committee were suspended by a vote of 6-1. Ordinance No. Z-367-01 will return at the next meeting of the Council on January 7, 2002. NEW BUSINESS: Council President advised reminded that Agenda Item No. 12g will be the first item of New Business. Council President Kirby announced Resolution No. CC-12-17-01-02 (Formerly Resolution No. CC-11-05- 01-07); A Resolution of the Common Council of the City of Carmel, Indiana, Amending Resolution Number CC-07-16-01-08, Regarding the Illinois Street Corridor. Councilor Snyder moved to introduce this item into business. Councilor Battreall seconded. Councilor Snyder commented regarding proposed amendments to this document and moved to amend as read aloud by Council President Kirby. Councilor Wilson seconded the motion to amend as read. The amendments were approved by a vote of 7-0. Councilor Rundle then moved to further amend the Resolution by returning a paragraph, previously deleted, back to the Resolution. There was no second to Councilor Rundle's motion. There was no further discussion. Resolution No. CC-12-17-01-02 was approved, as amended, by a vote of 6-1. Councilor Rundle voted in the opposition. Council President Kirby called for a recess at 8:57p. m. _ Council President Kirby reconvened the meeting at 9:05p. m. Council President Kirby announced the First Readin~ of Ordinance No. D-1550-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning the Purchase of Certain Assets of Hamilton Western Utilities by the City of Camel, Indiana, Authorizing the Issuance of Revenue Bonds for Such Purpose; Addressing Other Matters Connected Therewith, and Repealing Ordinances Inconsistent Herewith. Councilor Snyder moved to introduce this item into business. Councilor Wilson seconded. John Duffy, Director of the Department of Utilities, presented this matter to Council. There was Council discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee and act on this matter tonight. Councilor Snyder seconded the motion. There was further discussion. The rules sending this matter to Committee and allowing the Council to act on this matter tonight were suspended by a vote of 6-1. Councilor Koven voted in the opposition. Ordinance No. D-1550-01 was approved by a vote of 6-1. Councilor Koven voted in the opposition. Council President Kirby annonnced the First Readin~ of Ordinance No. D-1551-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Carmel Water Rates and Charges as Originally Adopted Pursuant to Rate and Charge Ordinance No. A-73. Councilor Snyder moved to introduce this item into business. Councilor Wilson seconded. John Duffy, Director of the Department of Utilities, presented this matter to Conncil. Councilor Snyder moved to suspend the rules sending this matter to Committee and act on this matter tonight. Councilor Wilson seconded the motion. There was no further discussion. The rules sending this matter to Committee and allowing the Council to act on this matter tonight were suspended by a vote of 7-0. Ordinance No. D-1551-01 was approved 7-0. Council President Kirby announced the First Reading of Ordinance No. D-1552-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting a Code of Ordinances for the City of Carmel, Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the Political Subdivision Dealing with Subjects Embraced in Such Code of Ordinances. Councilor Snyder moved to introduce this item into business. Councilor Koven seconded. Clerk-Treasurer Diana Cordray presented this matter to Council. There was extensive discussion. Councilor Koven moved to suspend the rules sending this matter to Committee and act on this matter tonight. Councilor Snyder seconded the motion. There was no further discussion. The rules sending this matter to Committee and allowing the Council to act on this matter tonight were suspended by a vote of 6-1. Councilor Carter voted in opposition of the motion. Ordinance No. D-1552-01 was approved 7-0. Council President Kirby announced the First Reading of Ordinance No. S-68-01; An Ordinance of the Common Council of the City of Carmel, Indiana, to Budget Expenditures for the Operation and Depreciation Funds for the Sewer Utility. Councilor Snyder moved to introduce this item into business. Councilor Carter seconded. John Duffy, Director of the Department of Utilities, presented this matter to Council. There was brief discussion. Councilor Snyder moved to suspend the roles sending this matter to Committee and act on this matter tonight. Councilor Wilson seconded the motion. There was brief discussion. The motion to suspend the rules, requiring a 2/3 majority vote of the Council, was defeated by a vote of 4-3. Councilors Battreall, Koven and Rnndle voted in opposition. Ordinance No. D-1552-01 will retum on the Agenda of the Special Council Meeting scheduled for December 26, 2001. Council President Kirby announced the First Readin~ of Ordinance No. W-87-01; An Ordinance of the Common Council of the City of Carmel, Indiana, to Budget Expenditures for the Operation and Depreciation Funds for the Water Utility. Councilor Snyder moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven presented this matter to Council. There was Council discussion. Councilor Battreall moved to suspend the rules sending this matter to Committee and act on this matter tonight. Councilor Snyder seconded the motion. There was further Council discussion. The roles sending this matter to Committee and allowing the Council to act on this matter tonight were suspended by a vote of 5-2. Councilor Koven and Rundle voted in opposition of the motion. Ordinance No. W-87-01 was approved by a vote of 6-1. Councilor Koven voted in opposition. Council President Kirby announced Resolution No. CC- 12-17-01-01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing and Approving the Investment of Public Funds in Money Market Mutual Funds. Councilor Snyder moved to introduce this matter to Council. Councilor Carter seconded. Clerk-Treasurer Diana Cordray presented this matter to Council. There was no discussion. Resolution No. CC- 12-017-01-01 was approved 7-0. OTHER BUSINESS: Councilor Wilson moved to introduce the consideration of an add-on item to the Agenda, Resolution No. CC-12-17-01-03; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Purchase of Certain Waterworks. Councilor Snyder seconded the motion. Council President Kirby presented this matter to Council and asked for a motion to add the matter to the Agenda. The matter was so moved by Councilor Wilson and seconded by Councilor Snyder. The motion, requiring a unanimous vote of the Council, was defeated by a vote of 6-1. Councilor Rundle voted in the opposition. ANNOUNCEMENTS: ADJOURNMENT: Council President Kirby turned the meeting over to the Mayor for adjournment pending the execution of documents. The meeting was adjourned at 9:44 p.m. Re~,l~u 'b~.~ LV~yor James Brainard ATT ~T(,4~2 L/C/~_(~ Clerk-Treasurer Diana L. Cord~ IAIVIC