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Home My WebLink AboutCCM-10-17-05Office of the Clerk-Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, OCTOBER 17, 2005 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER I. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS a. Presentation of badges to promoted Police Officers. 4. APPROVAL OF MINUTES a. September 19, 2005 Regular Meeting b. October 7, 2005 Special Session Meeting c. October 7, 2005 Executive Session 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 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 ~IVIC SQUARE CARMEL, INDIANA 46032 317/571-24t4 1 10. OLD BUSINESS ! 1. PUBLIC HEARINGS Second Reading of Ordinance Z-482-05; An Ordinance of the Common Council of the City of Carmel, Indiana Establishing the Arden Planned Unit Development District (Arden Townhomes - Smokey Row Road): Sponsor: Councilor Rattermann. TABLED 9/19/05. 12. NEW BUSINESS . First Reading of Ordinance D-1778-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing No Smoking Areas by Adopting and Adding Chapter 6, Article 5, Division VII, Section 6-16I to the Carmel City Code; Sponsor: Councilor Glaser. First Reading of Ordinance D-! 779-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Certain Stop and Yield Signs; Sponsor: Councilor Griffiths. First Reading of Ordinance D-1780-05; 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 (2'~ Quarter); Sponsor: Councilor Glaser. First Reading of Ordinance D-1783-05; An Ordinance of the Common Council of the City of CarmeI, Indiana, Supplementing and Amending Ordinance No. D-1735-04, Adopted by the Common Council on December 20, 2004, Authorizing the Issuance of Waterworks Revenue Bonds, and the Issuance of Bond Anticipation Notes in Anticipation of the Issuance of Said Revenue Bonds, for the Purpose of Financing the Construction of Additions and hnprovements to the Waterworks of the City of Carmel, Indiana, and Other Related Matters ($15,000,000); Sponsor: Councilor Kirby. First Reading of Ordinance D-1784-05; 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 2006; Sponsor(s): Councilor(s) Glaser and Griffiths. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 2 COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 17, 2005 -6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Kevin Kirby, Council Members Rick Sharp, Brian Mayo, Joe Griffiths, Fred Glaser, Ron Carter, Mark Rattermann, Clerk-Treasurer Diana Cordray and Deputy Clerk- Treasurer Lois Fine. Carmel Police Chaplain, George Davis,'pronounced the Invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Police Chief Mike Fogarty, Mayor Brainard, Tom Kendall, President, Police Merit Board and Council President Kevin Kirby presented badges to: Lieutenant Leland G. Goodman - promoted to Major Sergeant Dwight D. Frost - promoted to Lieutenant Officer Brady R. Myers - promoted to Sergeant APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes of the September l 9, 2005 Regular Meeting. Councilor Griffiths seconded. Council President Kirby called for the question. The Minutes were approved 7-0. Councilor Glaser made a motion to approve the Minutes of the October 7, 2005 Special Session Meeting. Councilor Griffiths seconded. Council President Kirby called for the question. The Minutes were approved 6-0 (Councilor Mayo abstained). Councilor Mayo made a motion to approve the Minutes of the October 7, 2005 Executive Session Meeting. Councilor Griffiths seconded. Council President Kirby called for the question. The Minutes were approved 6-0 (Councilor Mayo abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIl,: The following individuals spoke in favor of Ordinance D-1778-05: Brace Hetrick Wendy Cohen (Tobacco Free Boone County) Stephen Wintermeyer, MD Jim Wolf (Survey Research Center 1UPUI) Harry Davis Joel Benitez Coyote (Lake View Center) Robbie Barkley (AHA Volunteer) Brad Burk (American Cancer Society) Kelly Alley (Alliance for Health Promotion) George Kristo (Hamilton County Council on Alcohol & Other Drags) Debra Salefski (American Cancer Society) 634 N. Senate Avenue, Indianapolis, 1N 3162 Huddersfield Lane, Zionsville, IN 10440 High Grove, Carmel, 1N 6230 Dean Road, Indianapolis, IN 12984 Cambome Court, Carmel, IN 2231 E. 151st Street, Apt. 7, Carmel, IN 10349 Valley Road, Carmel, 1N 120 Kenwood Court, Indianapolis, IN 401 W. Michigan Street, Indianapolis, 1N 1135 Millers Court, Noblesville, IN 5250 Ivy Hill Drive, Carmel, IN The following individual spoke in opposition to Ordinance D-1778-05: Joyce Harrison 117 Lexington Blvd., Carmel, IN COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Council President Kirby informed the individuals that spoke tonight and the individuals who were watching television that Ordinance D-1778-05 would be sent to the Public Safety Committee on November 14, 2005 at 5:00 p.m. ACTION ON MAYORAL VETOES: There were none. Councilor Sharp informed the individuals that were leaving that the Council would be discussing Ordinance D-1778-05 (No Smoking) later on in the agenda if they wanted to remain and hear the Council's position. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $2,185,791.67. Councilor Glaser seconded. Council President Kirby called for the question. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Glaser reported that the Finance, Administration and Rules Committee had not met. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Mayo reported that the Utilities, Transportation and Public S~fety Committee had not met. The next meeting will be held on Monday, November 14, 2005 at 5:00 p.m. OLD BUSINESS There was none. PUBLIC HEARINGS Council President Kirby announced the Second Reading of Ordinance Z-482-05; An Ordinance of the Common Council of the City of Carmel, Indiana Establishing the Arden Planned Unit Development District (Arden Townhomes - Smokey Row Road). Council President Kirby opened the Public Hearing but was informed that this ordinance was tabled and did not go to the committee. Councilor Sharp moved to lift Ordinance Z- 482-05 from the table and consider it. Councilor Rattermann seconded. Mayor Brainard made a suggestion to take the smoking ordinance out of its agenda order. Council President Kirby informed the Mayor that there were a lot of people in attendance for the Zoning public heating and that Council would get to the smoking ordinance very quickly. Council President Kirby referred to Larry Kemper, Attorney, Nelson & Frankenberger, 3105 E. 98th Street, Suite 170, Indianapolis, IN 46280, for a presentation. Also in attendance was David Leazenby and Sara Nasuti, Buckingham Properties, Inc., 33 N. Pennsylvania St., l0th Floor, Indianapolis, IN 46024, Rich Kelly, EMH & T Engineering and Matt Brown, A & F Engineering. Larry Kemper referred to David Leazenby for a presentation. There was no Council discussion. Council President Kirby opened the Public Hearing at 7:26 p.m. The following individuals spoke in opposition to Ordinance Z-482-05: David Burd Kim Burd Paula Mcrill Ruthi e Ho ffbauer Albert Pickett Nancy Jacobs · 1841 E. 136th Street, Carmel, IN 1841 E. 136th Street, Carmel, IN 839 Rangeline Road, Carmel, IN 2111 E. 136~h Street, Carmel, IN 741 1st Avenue N.E., Carmel, IN 1945 E. 136th Street, Carmel, 1N Seeing no one else who wished to speak, Council President Kirby closed the Public Heating at 7:43 p.m. There was no Council discussion. Council President Kirby referred Ordinance Z-482-05 to the Land Use, Annexation and Economic Development Committee for further review and consideration on November 10, 2005 at 5:30 p.m. NEW BUSINESS Council President Kirby announced the First Reading of Ordinance D-1778-05; An Ordlnance of the Common Council of the City of Carmel, Indiana, Establishing No Smoking Areas by Adopting and Adding Chapter 6, Article 5, Division VII, Section 6-161 to the Carmel City Code. Cduncilor Glaser made a motion to introduce this item into business. Councilor Mayo seconded. Councilor Glaser presented this item to Council. There was brief Council discussion. Council President Kirby referred Ordinance D-1778-05 to the Utilities, Transportation and Public Safety Committee for further review and consideration. 3 Council President Kirby announced the First Reading of Ordinance D-1779-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Certain Stop and Yield Signs. Councilor Mayo made a motion to introduce this item into business. Councilor Griffiths seconded. Councilor Griffitb. s presented this item to Council. There was brief Council discussion. Councilor Mayo made a motion to suspend the rules and not send this item to comthittee and vote this evening. Councilor Griffiths seconded. There was no Council discussion. Council President Kirby called for the question. The motion passed 7-0. There was brief Council discussion. Council President Kirby called for the question. Ordinance D-1779-05 was adopted 7-0. Council President Kirby announced the First Reading of Ordinance 1)-1780-05; 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 (2nd Quarter). Councilor Glaser made a motion to introduce this item into business. Councilor Rattermahn seconded. Councilor Glaser presented this item to Council and made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Griffiths seconded. Council President Kirby called for the question. The motion passed 7-0. There was no Council discussion. Council President Kirby called for the question. Ordinance D-1780-05 was adopted 7-0. Council President Kirby announced the First Reading of Ordinance D-1783-05~ An Ordinance of the Common Council of the City of Carmel, Indiana, Supplementing and Amending Ordinance No. D-1735-04, Adopted by the Common Council on December 2.0, 2004, Authorizing the Issuance of Waterworks Revenue Bonds, and the Issuance of Bond Anticipation Notes in Anticipation of the Issuance of Said Revenue Bonds, for the Purpose of Financing the Construction of Additions and Improvements to the Waterworks of the City of Cam~el, Indiana, and Other Related Matters ($15,000,000). Councilor Carter made a motion to introduce this item into business. Councilor Glaser seconded. Councilor Kirby presented this item to Council. There was brief Council discussion. Councilor Griffiths made a motion to suspend the roles and not send this item to committee and vote this evening. Councilor Mayo seconded. Council President Kirby called for the question. The motion was approved %0. Council President Kirby. referred to John Duffy, Director of Utilities, for clarification. There was brief Council discussion. Council President Kirby called for the question. Ordinance D-1783-05 was adopted 7-0.. Council President Kirby announced the First Reading of Ordinance D-1784-05; 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 2006. Councilor Glaser made a motion to introduce this item into business. Councilor Griffiths seconded. Councilor Glaser presented this item to Council. Councilor Sharp made a motion to suspend the rules to vote on this item this evening. Councilor Glaser seconded. Clerk- Treasurer, Diana Cordray, informed Council that they could not adopt the ordinance this evening. The Ordinance must be published for 30 days before adoption. Councilor Sharp made a motion to amend his motion to suspend the rules and not send this item to committee. Councilor Glaser seconded. Council President Kirby called for the question. The motion was approved 7-0. There was brief Council discussion. The second reading of Ordinance D-1784-05 will be on the Council Agenda for November 21, 2005. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting following execution of documents at 8:12 p.m. ADJOURNMENT ATTEST: Clerk-Treasurer Diana, L. Cordra~Y/ C Respectfully submitted, Clerk-Treasurer Diana L. Cordray, 1~ Approved, M~r ~ar~e~ss B rain(ar~L~