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Home My WebLink AboutCCM-07-19-04 COMMON COUNCIL MEETING AGENDA MONDAY, JULY 19, 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 4. APPROVAL OF MINUTES REGULAR MEETING -- JUNE 21, 2004 Special Meeting - July 2, 2004 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS · Payroll · General Claims · Retirement 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development comrmttee c. Parks, Recreation and Arts Comrmttee d. Utilities, Transportation and Public Safety Committee 10. OLD BUSINESS Second Reading of Ordinance No. D-1703-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-52 of the Carmel City Code (Worker's Compensation); Sponsor: Councilor Kirby Second Reading of Ordinance No. D-1704-04; An Ordinance of' the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division III, Section 2-61 (b) (3) of the Carmel City Code (Meal Allowance); Sponsor: Councilor Kirby Second Reading of Ordinance No. D-1708-04: An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Public Safety Traiding Facility); Sponsor: Councilor Mayo l 1. PUBLIC HEARINGS 12. First Reading of Ordinance No. D-1702-04; An Ordinance of' the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds From the General Fund Operating Balance (Postage); Councilor: Carter First Reading of Ordinance No. D-1705-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds From the General Fund Operating Balance to the Budgets of the Mayor and Law Departments and from the Motor Vehicle Highway Fund to the Engineering Department; Sponsor: Councilor Griffiths NEW BUSINESS First Reading of Ordinance No. D-1706-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Humane Society Animal Care); Sponsor: Councilor Sharp First Reading of Ordinance No. D-1707-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-33 of the Carmei City Code; (3-33 Pubhc Hearings) Sponsor: Councilor Griffiths First Reading of Ordinance No. D-1709-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-66(a), of the Carmel City Code (Skateboards); Sponsor: Councilor Carter First Reading of Ordinance No. D-1710-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Adding Carmel City Code Chapter 6, Article 4, Section 6-71, (Prohibit Sxvimming at the City Center Fountain); Sponsor: Councilor Griffiths First Reading of Ordinance No. D-1711-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 6, Article 4, Section 6-72 (Use of Certain Motorized Conveyances); Sponsor: Councilor Griffiths First Reading of Ordinance No. D-1712-04; 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 Carmei, Indiana (First Quarter Codification); Sponsor: Councilor Glaser Resolution No. CC-07-19-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2004 Mayor's Budget; Sponsor: Councilor Griffiths 13. OTHER BUSINESS Consideration of Intent to Annex Territory. by Town of Westfield. 7 parcels of the planned Viking Meadows subdivision. 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, JULY 19, 2004 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Ron Cazter; Council Members Rick Sharp, Brian Mayo, Joe Griffiths, Fred Glaser, Mark Rattermann, Clerk-Treasurer Diana Cordray and Deputy Clerk- Treasurer Lois Fine Councilor Kevm Kirby was absent. Mayor Brainard called the meeting to order at 7:03 p.m. Councilor Brian Mayo pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Mayo moved to approve the Minutes of the June 21, 2004 Regular Meeting. Councilor Sharp seconded. The Minutes were approved 6-0. Councilor Mayo moved to approve the Minutes of the July 2, 2004 Special Meeting. Councilor Sharp seconded. The Minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Councilor Sharp addressed Council to introduce Daniel Kent. Daniel Kent of 14044 Hon~ Tree Drive, Camel, IN 46032 addressed Council. Daniel is a student at Brebeuf High School and founder of an orgamZation named Senior Connects. Kyle Egbert and Matthew May accompanied Daniel. Daniel's organization wished to recognize the Mayor, Nancy Heck, Director of Community Relations, Lauren Welty, Community Relations, and Wanda Moran, Receptionist for the Civic Center, for their help and support of his organization. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Diana Cordray, Clerk-Treasurer addressed Council. Diana expressed her gratitude for all of the cards and phone calls she received when her mother passed away. Diana also addressed Council regarding an issue that was raised at the last meeting (the order in which Council holds Public Hearings). Diana and Councilor Griffiths reviewed the tape of the January 26, 2004 meeting, which verified that the documents were properly adopted and executed. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo moved to approve clatms in the amount of $2,370,924.00. Councilor Griffiths seconded. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Carter reported that the Finance, Administration and Rules comrmttee met July 19, 2004 ~ 5:00 p.m. All items discussed are included on the Agenda for the Council meeting this evening. The next meeting will be held Ln one month, if necessary. Councilor Rattermann reported that the Land Use, Annexation and Economic Development Cotmmttee met July 8, 2004, at which time the Committee continued discussion on the mining issue. The Committee took a tour of the Martin Marietta Mitring Operation on July 2, 2004. The corm'mttee held two separate annexation meetings. On July 12, 2004 a meedng was held at the Shamrock Springs Elementary school. On July 13 a meeting was held at Village Farms subdivision. The meeting scheduled for July 22, 2004 has been cancelled. Councilor Sharp reported that the Parks, Recreation and Arts Committee has not met. Councilor I~cby was not present to report on the Utilities, Transportation and Public Safety. Committee. Councilor Mayo stated they did not have an official meeting because they did not have a quorum. OLD BUSINESS: Council President Carter announced the Second Reading of Ordinance No. D-1703-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-52 of the Carmel City Code (Worker's Compensation). Councilor Carter presented this matter to Council. There was extensive Council discussion. Ordinance No. D- 1703-04 was approved 6-0. Council President Carter announced the Second Reading of Ordinance No. D-1704-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division III, Section 2-61(b)(3) of the Carmel City Code (Meal Allowance). Council President Carter presented this matter to Council. There was brief discussion. Councilor Sharp moved to amend Section 2-61(b)(3) to read "(at maximum of 20% of mean cost)." Councilor Glaser seconded. The amendment was approved by a vote of 6-0. Ordinance No.D-1704-04 As Amended was approved 6-0. Council President Carter announced the Second Reading of Ordinance No. D-1708-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Public Safety Training Facility). Councilor Mayo presented this matter to Council. There was extensive Council discussion. City Attorney Doug Haney addressed Council. Councilor Rattermann moved to table this item to the end of the meeting for clarification. Councilor Griffiths seconded. A motion to table was offered and approved 6-0 at 7:58 p.m. PUBLIC HEARINGS: Council President Carter announced the First Reading of Ordinance No. D-1702-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds From the General Fund Operating Balance (Postage). Council President Carter opened the matter for Public Hearing at 7:59 p.m. Seeing no one who wished to speak, the Council President closed the Publ/c Hearing at 8:00 p.m. Councilor Carter moved to introduce this item into business and presented to Council. Council President Carter rehnquished the gavel to Councilor Mayo. There was brief Council discussion. Councilor Sharp moved to suspend the rules on this ordinance and vote this evening. Councilor Mayo seconded. Vote to suspend the rules passed 6-0. Ordinance No. D-1702-04 was approved 6-0. Council President Carter announced the First Reading of Ordinance No. D-1705-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds From the General Fund Operating Balance to the Budgets of the Mayor and Law Departments and from the Motor Vehicle Highway Fund to the Engineering Department. Council President Carter opened the matter for Public Hearing at 8:03 p.m. Seeing no one who wished to speak, Council President Carter closed the Public Hearing at 8:04 p.m. Councilor Griffiths moved to introduce th/s item into business. Councilor Rattermann seconded. Councilor Griffiths presented th/s matter to Council. There was extensive council discussion. City Attorney Doug Haney addressed Council and clarified Line Item #430-400000 regarding Legal Fees and clarified his staff responsibilities. Councilor Glaser moved to amend line Item #410-10000 from $70,429.00 to $63,100.00. The Mayor addressed Council regarding the engineering fees. Councilor Ratrermann moved to make an amendment that $160,000.00 be stricken from Engineehng Fees. Councilor Rattermann moved to change line #24 to read "Motor Vehicle Highway Fund Operating Balance"..., line #25 from $250,000.00 to $90,000.00 and line #72 to read 'MOTOR VEHICLE HIGHWAY FUND OPERATING BALANCE." Councilor Griffiths seconded. The amendment was approved 6-0. Councilor Griffiths moved to amend ]me #15 from $152,209.00 to $144,880.00. Councilor Sharp seconded. The amendment was approved 6-0. Councilor Griffiths moved to amend line #52 from $152,209.00 to $144,880.00. Councilor Sharp seconded. The amendment was approved 6-0. Councilor Griffiths moved to amend line #18 from $232,209.00 to $224,880.00. Councilor Sharp seconded. The amendment was approved 6-0. Councilor Rattermann moved to change line #76 from $250,000.00 to $90,000.00. Councilor Sharp seconded. The amendment was approved 6-0. Councilor Griffiths moved to suspend the roles on this matter and take a vote to approve this ordinance as amended. Councilor Sharp seconded. Councilor Sharp moved to accept Ordinance D-1705-04 as amended. Councilor Rattermann seconded. The amendment was approved 6-0. Ordinance No. D-1705-04 As Amended was approved 6-0. NEW BUSINESS: Council President Carter announced the First Reading of Ordinance No. D-1706-04; An Ordinance of the Conxmon Council of the City of Carmel, Indiana, Approving and Adopting Interiocal Agreement (Humane Society Animal Care). Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded. Councilor Sharp presented this matter to Council. Councilor Rattermann seconded. There was brief Council discussion. Council President Carter referred Ordinance No. D-1706-04 to the Finance, Administration and Rules Comrmttee on August 16, 2004 for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1707-04; 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). Councilor Griffiths moved to introduce this item into business. Councilor Ratrermann seconded. Councilor Griffiths presented this matter to Council. There was brief Council discussion. Councilor Ratrermarm moved to suspend the rules on this ordinance and vote this evening. Councilor Mayo seconded. A vote was taken to suspend the mles and passed 6-0. Ordinance No. D-1707- 04 was approved 6-0. Council President Carter announced the First Reading of Ordinance No. D-1709-04; An Ordinance of the CorrLmon Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-66(a), of the Carmel City Code (Skateboards). Councilor Glaser moved to introduce this item into business. Councilor Mayo seconded. Councilor Carter presented this matter to Council. There was brief Council discussion. Council President Carter referred Ordinance No. D-1709-04 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1710-04; An Ordinance of the Cormmon Council of the City of Carmel, Indiana, Amending and Adding Carmel City Code Chapter 6, Article 4, Section 6-71, (Prohibit Swimming at the City Center Fountain). Councilor Ratrermann moved to introduce this item into business. Councilor Glaser seconded. Councilor Grifflths presented this matter to Council. Councilor Sharp moved to amend the wording to read: "Prohibit Swimming at the Civic Square Fountain." There was brief Council discussion. The motion was not adopted. Council President Carter referred Ordinance No. D-1710-04 to the Uti]ities, Transportation and Public Safety CormXUttee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1711-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 6, Article 4, Section 6-72 (Use of Certain Motorized Conveyances). Councilor Rattermann moved to introduce this item into business. Councilor Sharp seconded. Councilor Griffiths presented this matter to Council. There was brief Council discussion. Council President Carter referred Ordinance No. D-1711-04 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1712-04; 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 Cannel, Indiana (First Quarter Codification). Councilor Mayo moved to introduce this item into business. Councilor Rattermann seconded. Councilor Glaser presented this matter to Council and referred to Diana Cordray, Clerk-Treasurer for clarification. City Attorney Doug Haney addressed Council. Councilor Glaser moved to suspend the rules on this ordinance and vote this evening. Councilor Mayo seconded. Vote taken to suspend the roles passed 6-0. Ordinance No. D-1712-04 was approved 6-0. Council President Carter announced Resolution No. CC-07-19-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2004 Mayor's Budget. Councilor Ratrermann moved to introduce this item into business. Councilor Griffiths seconded. Councilor Griffiths presented this matter to Council. There was brief Council discussion. Resolution No. CC-07-19-04-01 was approved 6-0. Attorney Doug Haney addressed Council. Ordinance No. D-1708-04 was brought back to Council at 9:25 p.m. Councilor Mayo moved to amend to add a new paragraph to read: 'WHEREAS, it is necessary and proper to create a separate City land for the receipt and disbursement of monies pursuant to the terms of the Interlocal Agreement and applicable law. Also to add a new section 4 to read: "There is hereby created a "PSTC Feasibility Study Fund" to be administered by the Clerk-Treasurer and which shall be used for the receipt and disbursement of monies received pursuant to the terms of the Interlocal Agreement and for the purpose of obtaining a study regarding the feasibility of financing, constructing, maintaining, marketing and managing a Public Safety Training Facility within Hamilton County." Councilor Mayo moved to approve amendment. Councilor Rattermann seconded. The amendment was approved by a vote of 6-0. Ordinance No. D 1708-04 As Amended was approved 6-0. OTHER BUSINESS: Council President Carter presented Consideration of Intent to Annex Territory by Town of Westfield, 7 parcels of the planned Vi!4ng Meadows subdivision. The Mayor addressed Council There was brief Council discussion. Councilor Rattermann moved to approve this intent to Annex. Councilor Griffiths seconded. Approved 6-0. ANNOUNCEMENTS: Councilor Griffiths asked for the minutes from the January 26, 2004 Council meeting be amended. Councilor Sharp stated "Council cannot act on anything this evening that a Council member presents at th/s portion of the meeting. You can bring up anything you want to discuss but not if it requires Council action." Councilor Rattermann clarified that the Budget Hearing meetings will be held July 20 and July 22 ~ 1:00 p.m. ADJOURNMENT: Council President Carter called for motion to adjourn, pending the execution of documents. Councilor moved to adjourn meeting. Councilor Sharp seconded. The meeting was adjourned at 9:38 p.m. ATTEST: Cler~MC Respectfully submitted, Clerk~Treasurer Dia~C Approved, , y~r James Brainard 7/19/'04 CC Mhxutes