HomeMy WebLinkAboutCCM-01-26-04Office of the
Clerk-Treasurer
City of Carmel
COMMON COUNCIL MEETING
AGENDA
MONDAY, JANUARY 26, 2004 - 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
APPROVAL OF MINUTES
a. January 5, 2004 - Regular Meeting
b. January 14, 2004 - Special Meeting
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
7. ACTION ON MAYORAL VETOES
CLAIMS
· Payroll
· General Claims
· Retirement
COMMITTEE REPORTS
Finance, Administration and Rules Committee
Land Use, Annexation and Economic Development Committee
Parks, Recreation and Arts Committee
Utilities, Transportation and Public Safety Committee
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414
10.
OLD BUSINESS
a. Second Reading of Ordinance No. D-1664-04; An Ordinance of thc Common Council of
the City of Carmel, Indiana, Adopting and Adding Chapterl, Section 1-16 of the Carmel
City Code (Second Class City Status); Sponsor: Councilor Carter
b. Second Reading of Ordinance No. D-1666-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Adding Chapter 2, Article 3, Division III, Section 2-63 to the
Carmel City Code (Elected Officials Training); Sponsor: Councilor Griffiths
c. Second Reading of Ordinance No. D-1669-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending Chapter 2, Article 6, Division 1, Section 2-135(b)
of the Carmel City Code (Transfer o£Funds); Sponsor: Councilors Sharp and Griffiths
d. Second Reading of Ordinance No. D-1672-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-33 of the
Carmel City Code (Public Hearings - General); Sponsor: Councilors Sharp and Griffiths
e. Second Reading of Ordinance No. D-1673-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Adopting and Adding Chapter 4, Article 1, Division III,
Section 4-31 of the Cannel City Code (Private Traffic Control Officers); Sponsor:
Councilors Sharp
f. Second Readin~ of Ordinance No. D-1674-04; An Ordinance of the Common Council of
the City of Cannel, Indiana, Amending Chapter 4, Article 3, Division IV, Section 4-79 of
the Carmel City Code (False Alarm Provisions and Penalties); Sponsor: Councilors Sharp
g. Second Reading of Ordinance No. D-1675-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6-
158(b)(9) and (10) of the Carmel City Code (Rubbish Collection); Sponsor: Councilor
Sharp
h. Second Reading of Ordinance No. D-1676-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-46 to the Carmel
City Code (General Parking Restrictions); Councilor Griffiths
i. Second Reading of Ordinance No. D-1678-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Adding Chapter 8, Article 7, Section 8-71 to the Carmel City
Code (Compression Release Engine Brakes Prohibited); Sponsor: Councilor Carter
11. PUBLIC HEARINGS
12.
NEW BUSINESS
a. Resolution No. CC-01-26-04-01; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving a Transfer of Funds in the 2004 Council Budget; Sponsor:
Council President Carter
13.
14.
15.
16.
OTHER BUSINESS
a. Council Appointments
· Board of Zoning Appeals
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
ADJOURNMENT
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
MONDAY, JANUARY 26, 2004 - 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard; Council President ROM Carter and Council Members Rick Sharp, Kevin Kirby,
Brian Mayo, Joe Grifflths, Fred Glaser and Mark Rattermann; Deputy Clerk-Treasurer Carrie Gallagher was
also present.
Mayor Brainard called the meeting to order at 7:03 p.m.
Pastor Jeff Gaskill of Centennial Bible Church pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
Council President Carter asked for Council's consideration to move f, tem 13a, Council Appointment to the
Board of Zoning Appeals (BZA), to this point on the Agenda. Councilor Rattermann moved as such.
Councilor Griffiths seconded. The motion was approved 7-0.
Council President Carter opened theJToor for nominations to the BZA. Councilor Rattermann nominated
dames Hawkins. Councilor Griffiths seconded. There were no other nominations. Councilor Rattermann
moved to close nominations and accept Mr. Hawkins as the BZA appointment by acclamation. Councilor
Mayor seconded. James Hawkins was appointed to the Board of Zoning Appeals by a vote of 7-0.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
Mayor Brainard commended the Carmel Street Department for their hard work and long hours throughout
the recent weather conditions.
APPROVAL OF MINUTES:
Councilor Mayo moved to approve the Minutes of the January 5, 2004 Regular Meeting. Councilor Glaser
seconded. Councilor Griffiths moved to correct a scrivener's error on Page One, changing the year to reflect
"2004" and to amend Pages Two and Three, under Ordinance Nos. D-1666-04 and D-1670-04, reference to
"Councilor Glaser presented" should be changed to "Councilor Griffiths presented". Councilor Glaser
---seconded the amendment. The amendment was approved 7-0. The Minutes were approved, as amended, 7-
3.
Councilor Mayo moved to approve the Minutes of the January 14, 2004 Special Meeting. Councilor
Rattermann seconded. Councilor Sharp moved to amend the vote on Page Three, last paragraph, last
sentence from "7-0" to "4-3". Councilor Glaser seconded. The amendment was approved 7-0. The Minutes
were approved, as amended, 7-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS Tim COUNCIL:
Charles McManus of 9222 Garrison Drive, addressed Council concerning enforcement of animal abuse.
COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Mayor Brainard commented on current legislation to become effective regarding additional utility funding.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
-- Councilor Mayo moved to approve claims in the amount of $2,038,948.83 and $315,111.10.
Kirby seconded. Claims were approved 7-0.
Councilor
COMMITTEE REPORTS:
Council President Carter stated that the Finance, Administration and Rules Committee met on January 22,
2004, at which time they discussed Ordinance No. D-1664-04 and recommend to Council that it be tabled
for further review and consideration. Ordinance Nos. D-1666-04, D-1669-04 and D-1672-04 were also
discussed and proposed amendments for Council consideration with a 3-0 favorable recommendation.
Councilor Rattermann reported that the Land Use, Annexation and Economic Development Committee met
on January 8, 2004 for general discussion.
Councilor Sharp stated that the Parks, Recreation and Arts Committee has not met. The Committee will
meet the second Tuesday of each month at 3:00 p.m., unless there is no agenda.
Councilor Kirby reported that the Utilities, Transportation and Public Safety Committee met on January 12,
2004, at which time they discussed Ordinance Nos. D-1673-04, D-1675-04 and D-1678-04 and recommend
to Council that they be held over for further review and consideration. The Committee also considered
Ordinance Nos. D-1674-04 and D-1676-04 and prOvide a 3-0 favorable recommendation of these items to
Council.
OLD BUSINESS:
Council President Carter announced the Second Reading of Ordinance No. D-1664-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adopting and Adding Chapterl, Section 1-16 of the
Carmel City Code (Second Class City Status). Council President Carter presented this matter to Council
and reiterated the Committee's recommendation for further consideration of this Ordinance. Them was
extensive Council discussion and comment by Council and Mayor Brainard. Councilor Griffiths
recommended that Council consider postponing this item until such time that a more informed opinion may
be reached in order to determine a vote accordingly. Councilor Sharp, acting as Parliamentarian, explained
the option to postpone this matter over tabling it. Council discussion continued. Councilor Rattermann
moved to postpone Ordinance No. D-1664-04 until the first meeting of June 2004, allowing the Committee
to continue to pursue additional information in the meantime. Councilor Sharp seconded. Ordinance No.
D-1664-04 was postponed to June 7, 2004, by a vote of 7-0.
Council President Carter announced the Second Reading of Ordinance No. D-1666-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 3, Division III, Section 2-63 to
the Carmel City Code (Elected Officials Training). Councilor Griffiths presented this matter to Council.
Councilor Mayo moved to amend as read aloud. Councilor Kirby seconded. There was extensive Council
discussion considering the proposed amendment. Councilors Mayo and Kirby both withdrew their motion
and second to amend. Upon further discussion, Councilor Kirby moved to amend Line One of the First
Paragraph under Section 2-63 to read as follows: "No elected City official who has been defeated in a
primary or general election, unless approved by a majority vote of the Common Council, shall expend....".
Councilor Mayo seconded. The amendment was approved by a vote of 7-0. Ordinance No. D-1666-04 was
approved, as amended, 7-0.
Council President Carter announced the Second Reading of Ordinance No. D-1669-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Division 1, Section 2-
135(b) of the Carmel City Code (Transfer of Funds). Councilor Griffiths presented this matter to Council
and advised that it is the recommendation of the Committee that the transfer amount be reduced from
$75,000.00 to $25,000.00. Mayor Brainard explained the purpose of the original $75,000.00 requested in
the Ordinance. There was extensive Council discussion. Councilor Kirby moved to amend the amount not
to exceed "$50,000.00, per line item, per budget year". .... Councilor Rattermann seconded. Councilor
Sharp then moved to amend the proposed amendment to read "no more than Twenty-Five Thousand Dollars
($25,000.00) per occurrence and no more than Fifty Thousand Dollars ($50,000.00) per receiving line item
per calendar budget year,".... Councilor Glaser seconded the amendment to the motion to amend. There
was brief discussion. The amendment was approved by a vote of 7-0. Ordinance No. D-1669-04 was
approved, as amended, 7-0.
Council President Carter announced the Second Reading of Ordinance No. D-1672-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-33
of the Carmel City Code (Public Hearings - General). Councilor Griffiths presented this matter to Council
and advised of the Committee's recommendation for amendment. There was extensive discussion.
Councilor Griffiths moved to amend the paragraph as read aloud, "....shall be held at the first reading of
same." Councilor Sharp seconded the amendment. There was brief Council discussion. The amendment
was approved by a vote of 7-0. Ordinance No. D-1672-04 was approved, as amended, 7-0.
Council President Carter announced the Second Reading of Ordinance No. D-1673-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 4, Article 1, Division III,
Section 4-31 of the Carmel City Code (Private Traffic Control Officers). Councilor Kirby presented this
matter to Council and advised that the recommendation of the Committee is to hold this matter over for
further review and consideration of amendment by the City Attorney. There was brief discussion. Council
President Carter held Ordinance No. D-1673-04 over for consideration by Council at its next regular
meeting date of February 16, 2004.
Council President Carter announced the Second Reading of Ordinance No. D-1674-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 4, Article 3, Division IV, Section 4-79
of the Carmel City Code (False Alarm Provisions and Penalties). Councilor Sharp presented this matter to
Council and recommended its approval as written. There was extensive Council discussion. Councilor
Glaser moved to amend the $25.00 penalty to be assessed on the Third False Alarm, instead of the Second;
the $50.00 penalty assessed on the Fourth False Alarm, instead of the Third; the $100.00 penalty assessed
on the Fifth False Alarm, instead of the Fourth; and the $250.00 penalty assessed on the Sixth and
Subsequent False Alanus, instead of the Fifth. Councilor Kirby seconded the amendment. There was brief
Council discussion. The motion to amend was approved 6-1. Councilor Mayo voted in the opposition.
Ordinance No. D-1674-04 was approved, as amended, 6-1. Councilor Mayo again voted in the opposition.
Council President Carter Second Reading of Ordinance No. D-1675-04; An Ordinance of the Common
__ Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6-158(b)(9)
and (10) of the Carmel City Code (Rubbish Collection). Councilor Sharp presented this matter to Council
and advised of the recommendation of the Committee to hold this item over for further review and
consideration. There was brief discussion. Council President Carter held Ordinance No. D-1675-04 over
for consideration by Council at its next regular meeting date of February 16, 2004.
Council President Carter announced the Second Reading of Ordinance No. D-1676-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-46 to the
Carmel City Code (General Parking Restrictions). Councilor Griffiths presented this matter to Council, read
aloud proposed amendments to the document and moved to amend as read. Councilor Kirby seconded.
There was no Council discussion. The amendment was approved by a vote of 7-0. Ordinance No. D-1676-
04 was approved, as amended, 7-0.
Council President Carter announced the Second Reading of Ordinance No. D-1678-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 7, Section 8-71 to the Carmel
City Code (Compression Release Engine Brakes Prohibited). Council President Carter presented this matter
to Council and advised of the Committee's recommendation to hold this matter over for further review and
consideration. There was no Council discussion. Council President Carter held Ordinance No. D-1678-04
over for consideration by Council at its next regular meeting date of February 16, 2004.
PUBLIC HEARINGS:
There were none.
NE~W BVSINESS.~.___: ~&~-UL
Council ?resident ,~r announced Resolution No. CC-01-26-04-01; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2004 Council Budget.
Council President Carter presented this matter to Cotmcil. There was brief discussion. Resolution No. CC-
01-26-04-01 was approved 7-0.
OTHER BUSINESS:
A Board of Zoning Appeals appointment was considered by Council at the beginning of the Agenda. James
Hawkins was nominated.
ANNOUNCEMENTS:
There were none.
ADJOURNMENT:
Mayor Brainard moved to adjourn, pending the execution of documents. The meeting was adjourned at
$:51 p.m.
Respectfully submitted,
Approved,
M~or J~unes Brained -'
ATTEST:
--Clerk-Treasurer Diana L. Cord~ IAMC
01/26/04 CC Minutes