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HomeMy WebLinkAboutCCM-12-02-02 Ckyof Carmel COMMON COUNCIL MEETING AGENDA MONDAY, DECEMBER 2, 2002 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. November 18, 2002 - 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 Reading of Ordinance No. D-1598-02; An Ordinance of the Common Council of thc City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-101 of the Carmel City Code (Police and Fire Pension Funds); Sponsor: Councilor Snydcr b. Second Reading of Ordinance No. D-1603-02; An Ordinance of the Common Council of the City o£ Carmel, Indiana, Concerning Parks and Recreation Interlocal Agreement Dated July 26, 2002; Sponsor: Council President Wilson c. Second Reading of Ordinance No. D-1604-02~ An Ordinance of thc Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for thc Year 2003; Sponsor: Councilor Kirby d. Second Reading of Ordinance No. D-1609-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-102 o£ the Carmel City Code (Gift Account for Fire, Police and Parks Department); Sponsor: Councilor Carter 11. PUBLIC HEARINGS First Reading of Ordinance No. Z-400-02; An Ordinance of the Common Council of the City of Cam~el, Indiana, Amending Zoning Ordinance No. Z-289, As Amended (Manor Health Care); Sponsor: Council President Wilson NEW BUSINESS a. First Reading of Ordinance No. A-88-02; 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: Council Kirby b. First Reading of Ordinance No. D-1612-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana; Sponsor: Councilor Snyder c. First Reading of Ordinance No. S-69-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Budget Expenditures for the Operation and Depreciation Funds for the Wastewater Utility; Sponsor: Councilor Kirby Resolution No. CC-12-02-02-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten-Year (10) Real Property Tax Abatement for Duke Realty Limited Partnership and Allete Automotive Services Located at 13085 Hamilton Crossing Boulevard (Hamilton Crossing Six) in the Hamilton Crossing Development; Sponsor: Councilors Snyder and Koven e. Resolution No. CC-12-02-02-02; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Carmel Fire Department ($150,000.00); Sponsor: Councilors Carter and Snyder f. Resolution No. CC-12-02-02-03; A Resolution of the Common Council of the City of Carmel, Indiana, Supporting the Actions of the Hamilton County Council to Work With the US 31 Coalition on the Design of the US 31 Improvement Project; Sponsor: Councilor Snyder 13. 14. 15. 16. g. Resolution No. CC-12-02-02-04; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Intergovernmental Transfer of Real Property; Sponsor: Councilor Carter and Council President Wilson h. Resolution No. CC-12-02-02-05; A Resolution of the Common Council of the City of Cmmel, Indiana, Authorizing the Payment of Fiscal Year 2000 Claims from Fiscal Year 2002 Funds; Sponsor: Council President Wilson OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, DECEMBER 2, 2002 -- 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Wayne Wilson; Council Members Kevin Kirby, John Koven, Norm Rundle, Luci Snyder and Ron Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher were also present. Councilor Bob Battreall was absent. Mayor Brainard called the meeting to order at 7:00 p.m. Council President Wilson pronounced the Invocation. Mayor Brainard led the Pledge o£ Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the November 18, 2002 Regular Meeting. Councilor Snyder seconded. The Minutes were approved 5-0. (Councilor Kirby was not yet present at the meeting.) RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: The following person addressed Council: Phil Bennett, Carmel/Clay Parks Director, provided a report regarding budget transfers. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: There were none. ACTION ON MAYORAL VETOES: There was none. CLAIMS: Councilor Snyder moved to approve claims in thc amount of $284,553.95 and $742,377.22. Councilor Rundl¢ seconded. Claims were approved 5-0. (Councilor Kirby was not yet present at the meeting.) COMMITTEE REPORTS: Councilor Rundle stated that the Administration Committee has not met. The next regular meeting of the Administration Committee is scheduled for December 13, 2002, at 8:00 a.m. in the Caucus Room. Council President Wilson stated that the Annexation and Land Use Committee has not met. The next regular meeting of the Committee is scheduled for December 12, 2002, at 7:00 p.m. in the Caucus Room. Councilor Snyder stated that the Economic Development Committee has not met. Future meetings of the Committee will be scheduled only as needed. Council President Wilson reported that the Finance Committee met on December 2, 2002, at which time they discussed Ordinance Nos. D-1598-02 and D-1609-02. The next regular meeting of the Finance Committee is scheduled for January 6, 2002, at 4:00 p.m. in the Caucus Room. Councilor Carter reported that the Parks and Recreation Committee met on December 2, 2002, at which time the Committee provided a favorable recommendation of Resolution No. CC-12-02-02-04 as well as Ordinance No. D-1609-02. Councilor Carter also advised that two items will be presented as Add-Ons to -- this evening Agenda concerning Parks. The next regular meeting of the Parks and Recreation Committee is scheduled for January 6, 2002, at 6:00 p.m. in the Caucus Room. At this time, Councilor Carter moved to Add-On Ordinance Nos. D-16I i-02 and D-1613-02 to the Agenda to be discussed under Other Business. Councilor Snyder seconded the motion. Ordinance Nos. D-1611-02 and 1613-02 were added to the Agenda by a vote of 5-0. (Councilor Kirby was not yet present at the meeting.) Council President Wilson stated on behalf of Councilor Battreall that the Public Safety Committee has not met. The next meeting of the Committee is scheduled for December 16, 2002, at 10:00 a.m. in the Caucus Room. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee, scheduled for December 27, 2002, at 8:00 a.m. in the Caucus Room. Council President Wilson stated on behalf of Councilor Kirby that the Utilities and Transportation Committee has not met. The next regular meeting of the Committee is scheduled for December 13, 2002, at 8:00 a.m. in the Caucus Room. OLD BUSINESS: Council President Wilson announced the Second Reading of Ordinance No. D-1598-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-101 of the Cannel City Code (Police and Fire Pension Funds). Councilor Snyder presented this matter to Council and requested that this item be tabled pending proposed amendments and moved to do so. Councilor Rundle seconded. Ordinance No. D-1598-02 was tabled by a vote of 5-0. (Councilor Kirby was not yet present at the meeting.) Council President Wilson announced the Second Reading of Ordinance No. D-1603-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning Parks and Recreation Interlocal Agreement Dated July 26, 2002. Council President Wilson presented this matter to Council. There was no discussion. Ordinance No. D-1603-02 was approved by a vote of 5-0. (Councilor Kirby was not yet present at the meeting.) Council President Wilson announced the Second Reading of Ordinance No. D-1604-02; 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 2003. Council President Wilson presented this matter to Council. There was no discussion. Ordinance No. D-1604-02 was approved by a vote of 5-0. (Councilor Kirby was not yet present at the meeting.) Council President Wilson announced the Second Reading of Ordinance No. D-1609-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-102 of the Carmel City Code (Gift Account for Fire, Police and Parks Department). Councilor Carter presented this matter to Council and proposed amendments as read aloud. There was extensive Council discussion. Councilor Snyder moved to amend the document as indicated. Councilor Koven seconded. The motion to amend was approved 5-0. Ordinance No. D-1609-02 was approved, as amended, by a vote of 5-0. (Councilor Kirby was not yet present at the meeting.) Councilor Kirby arrived at the meeting at 7:19 p. m. PUBLIC HEARINGS: Council President Wilson announced the First Reading of Ordinance No. Z-400-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Zoning Ordinance No. Z-289, As Amended (Manor Health Care). Councilor Rundle moved to introduce this item into business. Councilor Carter seconded. Paul Reis, counsel for the petitioner, presented this matter to Council. Council President Wilson then opened the matter for Public Hearing at 7:42 p.m. Seeing no one who wished to speak, the Public Heating was closed at 7:43 p.m. There was extensive Council discussion. Mr. Reis responded to Council questions and concerns. Brief Council discussion continued. Council President Wilson referred Ordinance No. Z-400-02 to the Annexation and Land Use Committee. NEW BUSINESS: Council President Wilson announced the First Reading of Ordinance No. A-88-02; 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 Kirby moved to introduce this item into business. Councilor Snyder seconded. Councilor Kirby presented this matter to Council and recommended that this item be referred to Committee. There was no Council discussion. Council President Wilson referred Ordinance No. A-88-02 to the Utilities and Transportation Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. D-1612-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana. Councilor Snyder moved to introduce this item into business. Councilor Carter seconded. Councilor Snyder presented this matter to Council. There was no Council discussion. Councilor Rundle moved to suspend the rules sending this matter to Committee and vote on this item tonight. Councilor Snyder seconded the motion. The motion to suspend the rules was approved by a vote of 6-0. Ordinance No. D-1612-02 was approved by a vote of 6-0. Council President Wilson announced the First Reading of Ordinance No. S-69-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Budget Expenditures for the Operation and Depreciation Funds for the Wastewater Utility. Councilor Kirby moved to introduce this item into business. Councilor Rundle seconded. Councilor Kirby presented this matter to Council. There was no Council discussion. Council President Wilson referred Ordinance No. S-69-02 to the Utilities and Transportation Committee for further review and consideration. Council President Wilson announced Resolution No. CC-12-02-02-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten-Year (10) Real Property Tax Abatement for Duke Realty Limited Partnership and Allete Automotive Services Located at 13085 Hamilton Crossing Boulevard (Hamilton Crossing Six) in the Hamilton Crossing Development. Councilor Snyder moved to introduce this item into business. Councilor Rundle seconded. Councilor Snyder presented this matter to Council. There __ was no discussion. Resolution No. CC-12-02-02-01 was approved by a vote of 6-0. Council President Wilson announced Resolution No. CC-12-02-02-02; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Carmel Fire Department ($150,000.00). Councilor Kirby moved to introduce this item into business. Councilor Snyder seconded and presented this matter to Council. Chief Douglas Callahan, Carmel Fire Department, provided additional information concerning this request. There was extensive Council discussion. Chief Callahan responded to Council questions and concerns. Council discussion continued. Council President Wilson called for the question. Resolution No. CC-12-02-02-02 was defeated by a vote of 2-4. Council President Wilson and Councilors Kirby, Koven and Rundle voted in the opposition. Council President Wilson announced Resolution No. CC-12-02-02-03; A Resolution of the Common Council of the City of Carmel, Indiana, Supporting the Actions of the Hamilton County Council to Work With the US 31 Coalition on the Design of the US 31 Improvement Project. Councilor Snyder moved to introduce this item into business. Councilor Rundle seconded. Councilor presented this matter to Council and recommended that this item be sent to the Finance Committee for further review and consideration. There was no Council discussion. Resolution No. CC-12-02-02-03 was referred to the Finance Committee. Council President Wilson announced Resolution No. CC-12-02-02-04; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Intergovernmental Transfer of Real Property. Councilor Carter moved to introduce this item into business. Councilor Snyder seconded. Councilor Carter presented this matter to Council. There was brief discussion. Resolution No. CC-12-02-02-04 was approved by a vote of 6-0. Council President Wilson announced Resolution No. CC-12-02-02-05; A Resolution of the Common Council of the City of Cannel, Indiana, Authorizing the Payment of Fiscal Year 2000 Claims from Fiscal Year 2002 Funds. Councilor Snyder moved to introduce this item into business. Councilor Carter seconded. Council President Wilson presented this matter to Council. There was extensive discussion. Council President Wilson called for the question. Resolution No. CC-12-02-02-05 was approved by a vote of 4-2. Councilors Koven and Snyder voted in the opposition. OTHER BUSINESS: Add-On Items: Council President Wilson announced the First Reading of Ordinance No. D-1611-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 4, Section 2-121 to the Carmel City Code (Parks and Recreation Non-reverting Operating Fund). Councilor Carter moved to introduce this item into business. Councilor Kirby seconded. Councilor Carter presented this matter to Council and explained the necessity of this issue as an add-on. There was brief Council discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee and to act on this item tonight. Councilor Snyder seconded. There was Council discussion concerning proposed amendments to this document. Therefore, Councilor Kirby rescinded his motion to suspend the rules as to acting on this matter tonight only and moved to only suspend the rules sending this matter to Committee. Councilor Snyder again seconded. -- The motion to suspend was approved by a vote of 6-0. Ordinance No. D-1611-02 will return to the Agenda on December 16, 2002. Council President Wilson announced the First Reading of Ordinance No. D-1613-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 4, Section 2-122 to the Carmel City Code (Parks and Recreation Non-reverting Capital Fund). Councilor Carter moved to introduce this item into business. Councilor Kirby seconded. Councilor Carter presented this matter to Council. Councilor Rundle moved to suspend the rules sending this matter to Committee. Councilor Snyder seconded. The motion to suspend the rules was approved by a vote of 6-0. Ordinance No. D-1613-02 will return to the Agenda on December 16, 2002. Councilor Koven then requested that Council return to Item No. 12g, Resolution No. CC -12-02-02-04 and asked the Clerk-Treasurer if this document had been amended. Clerk-Treasurer Diana Cordray stated that it had not. Councilor Carter agreed that it had not been amended and advised that it should have been. Therefore, Councilor Koven moved to amend Section I(B) by adding the following to the end of the sentence: "to be shared equally (,50/50) between the Parks Board and the City; and each of the parties shall be responsible for their own attorney fees." Councilor Snyder seconded the motion to amend. Resolution No. CC-12-02-02-04 was again approved, as amended, by a vote of 6-O. ANNOUNCEMENTS There were none. _ ADJOURNMENT: Mayor BraJnard moved to adjourn pending the execution of documents. The meeting was adjottmcd at 9:17 p.m. Respectfully submitted, d z: / ¢,~ / / /~ Clerk-Treasurer Diana L. Cor/d/'~, IAMC Approved, ~.,// IV~yor James Brainard ATTEST: CJ~r,-treasur Diana L. Cordray, I~/IC 2/02/02 CC Minutes