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HomeMy WebLinkAboutCCM-03-21-05Office of the Clerk-Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, MARCH 21, 2005 - 6:00 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 a. March 7, 2005 Regular Meeting 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 Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 I0. OLD BUSINESS Fifth Reading of Ordinance No. D-1686-04, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, to Regulate Mining Operations Within the Corporate Boundaries of the City of' Carmel (Regulate Mining Operations/Martin Marietta); Sponsor(s): Councilors Glaser and Rattermann. Second Reading of Ordinance D-1744-05: An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8o20(a)(2) of the Carmel City Code (Designate two (2) additional twenty-five miles per hour (25 mph) City streets - Heathermoore Crest and Heathermore Park Drive South); Sponsor: Councilor Mayo. Second Reading of Ordinance D-1745-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-30 and Chapter 8, Article 9, Section 8-120 of the Carmel City Code (Fifteen (15) additional stop signs); Sponsor: Councilor Mayo. Second Reading of Ordinance D-1746-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-17 of the Carmel City Code (Mount Carmel School - 146th Street shall be thirty (30) mph); Sponsor: Councilor Mayo. 11. PUBLIC HEARINGS 12. NEW BUSINESS First Reading of Ordinance D-1749-05; An Ordinance of the Common Council of the City of Carmel, Indiana Providing for an Additional Appropriation of funds from the Operating Balance of the General Fund ($1,127,600) and from the Operating Balance of the Motor Vehicle Highway Fund ($1,074,960); Sponsor: Councilor Glaser. 13. OTHER BUSINESS a. Council Appointments Carmel Economic Development Commission (Two year term, beginning February 1), one appointment 2. ANNOUNCEMENTS 3. EXECUTION OF DOCUMENTS 4. ADJOURNMENT COMMON COUNCIL MEETING MINUTES MONDAY, MARCH 21,2005 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Keviu Kirby, Council Members Rick Sharp, Brian Mayo, Joe Grifl~ths, Fred Glaser, Roll Carter, Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Lois Fine. Councilor Mark Rattermann was absent. Mayor Brainard called the meeting to order at 6:00 p.m. Councilor Brian Mayo pronounced the Invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard recognized Scout Troop 132 who was in attendauce. APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes of the March 7, 2005 Regular Meeting. Councilor Glaser seconded. Council President Kirby called for the question. The Minutes were approved 5-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: .There were nolle. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: There were none. ACTION ON MAYORAL VETOES: There were nolle. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $1,421,576.33. Councilor Griffiths seconded. Cottncil President Kirby catled for the question. Claims were approved 5-0. Councilor Mayo made a motion to approve the claims in the amount of $364,391.74. Councilor Griffiths seconded. Council President Kirby called for the question. Claims were approved 5-0. COMMITTEE REPORTS: Councilor Glaser reported that the Finance, Administration and Rules Committee had not met. Councilor Carter reported that the Parks, Recreation and Arts Committee had met but they did not have a quorum and no action was taken. Councilor Sharp was not present to report on the Land Use, Annexation and Economic Development Committee. Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinances D-1744-05, D-1745-05 and D-1746-05 which will be discussed at tonight's meeting. OLD BUSINESS Council President Kirby announced the Fifth Reading of Ordinance D-1686-04~ As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, to Regulate Mining Operations Within the Corporate Boundaries of the City of Carmel (Regulate Mining Operations/Martin Marietta). Councilor Sharp arrived at 6:05 p.m. Council Sharp was asked to report on the Land Use, Annexation and Economic Development Committee. Councilor Sharp reported that the committee met on March 16, 2005 and discussed Ordinance D-1686-04, As Amended. There was a 2-1 favorable vote at committee to return the ordinance to Council with recommended Amendments, but an unfavorable recommendation to adopt the ordinance. Councilor Sharp also commented on the ordinance since it had been announced by Council President Kirby. There was extensive Council discussion. Councilor Carter made a motion to approve the amendments from the Land Use, Annexation and Economic Development Committee meeting dated March 16, 2005. There was extensive Council discussion. Councilor Carter made a motion to amend Ordinance D-1685-04, As Amended dated March I6, 2005. There was brief Council discussion. Councilor Sharp seconded. There was brief Council discussion. Council President Kirby referred to Mike Hollibaugh, Director ol' Community Services, for clarification that Council had the correct version. Mike l-Iollibaugh clarified that Council did have the correct version. Council President Kirby called for the question. The motion to approve the amendments from the Land Use, Amaexation and Economic Development Committee dated March 16, 2005 passed 5-1 (Councilor Griffiths opposed). Councilor Carter made a motion to approve Ordinance D-1686-04, As Amended. Councilor Mayo seconded. Councilor Sharp made a motion to delay the vote on the motion to approve the ordinance until the next Council meeting. Councilor Glaser seconded. There was brief Council discussion. Council President Kirby referred to Doug Haney, City Attorney, for clarification to Councilor Sharp's motion to delay the vote on the motion to approve the 2 ordinance until the next meeting. Doug Haney, City Attorney, stated that he did not think Councilor Sharp's motion would be allowed. He wanted time to refer to Robert's Rules of Order before he made his official ruling. Councilor Sharp made a motion to set aside the ordinance until the City Attorney could verify his motion. Councilor Griffiths seconded. Council President Kirby called for the question. The motion to set aside the ordinance until the City Attorney could verify Council Sharp's motion was approved 6-0. Council President Kirby announced the Second Reading of Ordinance D-1744-05: An Ordinance of the Common Council of the City 9f Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-20(a)(2) of the Carmel City Code (Designate two (2) additional twenty-five miles per hour (25 mph) City streets - Heathermoore Crest and Heathermore Park Drive South). There was brief Council discussion. Council President Kirby called for the question. Ordinance D-1744-05 was adopted 6-0. Council President Kirby announced the Second Reading of Ordinance D-1745-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-30 and Chapter 8, Article 9, Section 8-120 of the Carmel City Code (Fifteen (15) additional stop signs). There was brief Council discussion. Council President Kirby called for the question. Ordinance D-1745-05 was adopted 6-0. Council President Kirby announced the Second Reading of Ordinance D-1746-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-17 of the Carmel City Code (Mount Carmel School - 146th Street shall be thirty (30) mph). There was brief Council discussion. Councilor Mayo stated that Mike McBride, Director, Engineering Department, recommended to the Commi{tee they not do anything with this ordinance, the road belongs to the County. Councilor Mayo withdrew this ordinance. Council President Kirby called for the question. The motion to withdraw the ordinance passed 6-0. Ordinance D-1686-04~ As Amended; Doug Haney, City Attorney, approached the podium and verified Council Sharp's motion to delay the vote on the ordinance until the next meeting was permissible under Robert's Rules of Order. Councilor Sharp made a motion to delay the vote on the motion to approve Ordinance D-1686-04, As Amended, at the next Council meeting. Councilor Glaser seconded. There was brief Council discussion. Council President Kirby called for the question. The motion to delay the vote on the motion to approve the ordinance at the next Council meeting resulted in a 3-3 tie: Councilor's Sharp, Kirby and Glaser voted AYE; Councilor's Mayo, Griffiths and Carter voted NAY. Mayor Brainard voted AYE resulting in a 4-3 vote. PUBLIC HEARINGS There were nolle. NEW BUSINESS Councilor Griffiths announced the First Reading of Ordinance D-1749-05; An Ordinance of the Common Council of the City of Carmel, Indiana Providing for an Additional Appropriation of funds from the Operating Balance of the General Fund ($1,127,600) and from the Operating Balance of the Motor Vehicle Highway Fund ($1,074,960). Council President Kirby passed the gavel to Councilor Griffiths due to conflict of interest on this ordinance. Councilor Carter moved to introduce this item into business. Councilor Glaser seconded. Councilor Glaser presented this item to Council. Councilor Griffiths referred Ordinance D-1749-05 to the Finance, Administration and Rules Committee for further review and consideration. Council President Kirby reclaimed the gavel from Councilor Griffiths. OTHER BUSINESS a. Council Appointments Carmel Economic Development Commission (Two year term, beginning February 1), one appointment. Councilor Griffiths nominated Ersal Ozdemir. Councilor Glaser. seconded. There were no other nominations. Council President Kirby called for the question. Ersal Ozdemir was appointed to the Carmel Economic Development Commission by a vote of 6-0. ANNOUNCEMENTS There was brief Council discussion regarding the April 4, 2005 meeting. Councilor Griffiths made a motion to cancel the meeting scheduled for April 4, 2005. Councilor Sharp seconded. Them was no Council discussion. Council President Kirby called for the question. The motion to cancel the meeting on April 4, 2005 passed 5~1 (Councilor Carter opposed). EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting following execution of documents at 6:50 p.m. ADJOURNMENT ATTEST: Respectfully submitted, Cl&rk-Treasurer Diana L. Cordray, IAMCc~ Approved, /~fiy~r James Brainard 4