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Home My WebLink AboutCCM-08-06-07 City of Carlllel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, AUGUST 6,2007 - 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. July 16,2007 Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERV ATIONS 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 311/511-2414 1 10. OLD BUSINESS a. Second Readin!!: of Ordinance D-1853-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Tax Levy for the City of Carmel Cumulative Capital Development Fund and Amending Carmel City Code Chapter 2, Article 4, Section 2-91 Accordingly; Sponsor: Councilor Glaser (Finance, Administration and Rules Committee 8/20/07). b. Second Readin!!: of Ordinance D-1854-07; An Ordinance ofthe Common Council of the City of Carmel, Indiana, Amending Certain Provisions of the City Code Regulating Speed Limit Fines; Sponsor: Councilor Sharp (Utilities, Transportation and Public Safety Committee 8/13/07). c. Second Readin!!: of Ordinance Z-506-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification, Rezoning of9 Acres of Real Estate at 10212-10218 North Michigan Road From S-I/Industrial to B-2 Business Zoning Classification (Thomas English Retail Real Estate, LLC); Sponsor: Councilor Sharp. d. Second Readin!!: of Ordinance Z-507-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Westmont Planned Unit Development District (2000 West 136th Street); Sponsor: Councilor Sharp. 11. PUBLIC HEARINGS 12. NEW BUSINESS a. Resolution CC-08-06-07-0HFormerlv CC-07-I6-07-01; A Resolution of the Common Council of the City of Carmel, Indiana, For Designation of the Attached Property As an Economic Revitalization Area (Baker Hill Corporation - 10 year Tax Abatement); Sponsor: Councilor Carter. b. Resolution CC-08-06-07-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Transfer of Real Property to Third Party (Four Acres at the Northeast Comer of US 31 and 131 st Street); Sponsor: Councilor Carter. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 08/0(ji07 CC 1\lL-clillg Agenda 2 f~ .. t:.. < Dick Frost 507 Stonehedge Drive Carmel, IN 46032-7400 Telephone & FAX: 317-846-1689 August 6, 2007 Carmel City Council Attention: Mayor Brainard or President protem_ G~ I Pr-I (H5 My name is Richard Frost and I reside at 507 Stonehedge Drive, Carmel, IN 46032-7400 I am here tonight to respond to the comments by Mr. Kevin Kirby and Mrs. Diana Cordray after I left the July 16, 2007 council meeting. You do not need a DOCTORAL DEGREE IN READING COMPREHENSION to understand the Indilll1a laws applicable to third class cities. I resigned as a precinct committeman on 1/10107, did not vote in the May Primary for Kevin Kirby nor did I campaign against him or say one word in regard to him to anyone. Kevin is a LAME DUCK COUNCIL PERSON and apparently a lot of Carmel voters did not vote for him because he got 34.02% of the vote while Mr. Eric W. Seidensticker received 50.96% I am not an attorney and will be reading some Indiana Code that specifically applies to the Carmel City Council and the Mayor. This is kind of dangerous but as field examiner of the State Board of Accounts for approximately 30 years (actual 29 years, 7 months), on each and every examination and I performed audits of State and Local entities based upon Indiana Law. I would be please to get in a paper bag and argue the points with any attorney, to wit: IC 36-4-4-2; IC 36-4-4-3; Ie 36-4-4-5; IC 36-4-5-2(a); IC 36-4-6-24 and IC 36-4-6-8 It is my opinion that six of the seven council persons have cell phones. The Carmel City Council cannot conduct business unless four of the seven members are present. WHY DO THEY NEED A CELL PHONE IF THEY ARE ONLY AT MAXIMUM 20 FEET APART? IF the cost of cell phones is paid by the city, I disagree with this expenditure. I disagree with the council committees--isn't this micro-managing the executive and administrative departments of a third class city? ItHochtYle{)+ I (,) & unci / rntg ~/&'/07 Please file this presentation with today's minutes. lnotana L-OO~ j 0-4-4 ~. !J., .~. '" Sec. 2. (a) The powers ofa city are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of a city's government may not be exercised by the other branch. Indiana Code 36-4-4 - ;?:; Sec. 3. (a) All powers and duties of a city that are exec~tive or adminisu:ative in nature shall be exercised or perfonmed by the city executive, another City officer, ~r a CIty de~~e?t. . (b) An ordinance of the city legislative body requiring an executive or admlIllstratlve funCl10n to be perfonmed may: . (I) designate the department that is to perfonm that functIOn; o~ (2) establish a new department or agency to perfonm. that funcl1on.. . (c) If an executive or administrative function is not assigned by a statute, ordmance, or resolution, the city executive shall assign that function to the proper department or officer. I C 36-4-4-5 Uncertainty or dispute in nature of power or duty Sec. 5. (a) If uncertainty exists or a dispute arises concerning the executive or legislative nature ofa power or duty exercised or proposed to be exercised by a branch, officer, department, or agency ofthe government ofa municipality, a petition may be filed in the circuit court of the county in which the municipality is located by the municipal executive, another municipal elected official, the president of the municipal legislative body, or any person who alleges and establishes to the satisfaction of the court that the person is or would be adversely affected by the exercise of the power; however, in a county that does not contain a consolidated city and that has a superior court with three (3) or more judges, the petition shall be filed in the su~erior court 5d shall be heard and detenmined by the court sitting en banco b$vpeR IOelS IN J./ftlVlH -r't> ~IJ.JUTJ.' (b) In a county containing a consolidated city, the petition shall be heard and detenmined by a five (5) member panel of judges from the superior court. The clerk of the court shall select the judges electronically and randomly. Not more than three (3) members of the five (5) member panel of judges may be of the same political party. The first judge selected shall maintain the case file and preside over the proceedings. (c) The petition must set forth the action taken or the power proposed to be exercised, and all facts and circwnstances relevant to a determination of the nature of the power, and must request that the court hear the matter and detenmine which branch, officer, department, or agency of the municipality, if any, is authorized to exercise the power. On the filing of the petition, the clerk of the court shall issue notice to the municipal executive, each municipal elected official, and the president of the municipal legislative body, unless the petition was filed by that person, and to the municipal attorney, department of law, or legal division. . (d) The court shall detenmine the matters set forth in the petition and shall affix the responsibility for the exercise of the power or the perfonmance of the duty, unless it determines that the power or duty does not exist. Costs of the proceeding shall be paid by the municipality, except that if an appeal is taken from the decision of the court by any party to the proceeding other than the municipal executive, another municipal elected official, or the president of the municipal legislative body, the costs of the appeal shall be paid by the unsuccessful party on appeal or in the manner directed by the court deciding the appeal. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.69-1995, SEC.5; P.L.141-2007, SEC.3. A+I-o.chmef1+ I (....) (!.oo nc; I m.Jr, g /to/O 7 h lip ://www.in.gov/legislative/ic/code/title36/ar4/ch4.html 8/6/2007 .J.~-.lf-5-'l- (c) ~ ~ '~dJ;;.~ ~k ~x~ 7-/oJJ&~::F/u-Abt4/~~.A-""A .t1z:t1;., IC 36-4-6-8 ~- . (f . President; vice president; president pro tempore - Sec. 8. (a) This subsection applies only to second class cities. At its first regular meeting under section 7 of this chapter, and each succeeding January, the legislative body shall choose from its members a president and a vice president. (b) This subsection applies only to third class cities. The city executive shall preside at all meetings of the legislative body, but may vote only in order to break a tie. At its first regular meeting under section 7 of this chapter and each succeeding January, the legislative body shall choose from its members a president pro tempore to preside whenever the executive is absent. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.23; P.L.349-1983, SEC.3; PL169-2006, SEC.53. \ ~ IC 36-4-6-24 Attorneys and legal r~sea~ch asdsistantshi ntract with competent attomeys and legal research Sec. 24. (a) The legislative bo y ma~ re or co assistants on terms it considers approdPn~~S section does not affect the city department of law (b) Employment of an attomey un er established under Ie 36-4-9. . d I I research assistants employed under this section (c) Appropriations for sal~.es ofratto~~t an l~:: in the budget of the city department oflaw. may not exceed the appropnatlOnS ,or slml ar sa As added by Acts 1980, p.L.212, SEC.3. /t-Hochmc>()+ I /3) ('[June; I {Y7f? &> /10 107 I I I COMMON COUNCIL MEETING MINUTES AS AMENDED MONDAY, AUGUST 6,2007 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Joseph C. Griffiths, Council Members Richard L. Sharp, Kevin Kirby, Eric Seidensticker, Ronald E. Carter, Mark Rattermann, Fredrick J. Glaser, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor Brainard opened the meeting at 6:02 p.m. Pastor Randy Wardwell, Carmel Apostolic Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented a proclamation proclaiming August, 2007, Carmel Firefighter Appreciation Month to Carmel Firefighters. Also in attendance was the Templeton family representing the Muscular Dystrophy Association. APPROVAL OF MINUTES: Councilor Sharp made a motion to approve the Minutes of the July 16,2007 Regular Meeting. Councilor Seidensticker seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 6-0 (Councilor Rattermann abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Richard Frost, 507 Stonehedge Drive, Carmel, IN 46032, addressed the Council regarding the Mayor presiding over the Council meetings. Henry Winckler, 41 I Jenny Lane, Carmel, IN 46032, addressed the Council regarding the 2008 Budget. John Sullivan, 862 Enclave Circle, Carmel, IN 46032, addressed the Council regarding zoning and the property located at I3I" Street and US 31. COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Sharp asked for Clarification from Mr. Sullivan and Mayor Brainard addressed Mr. Sullivan's concerns. 1 I I I Councilor Carter and Mayor Brainard addressed Mr. Winckler's concerns. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Sharp made a motion to approve the claims in the amount of $3,078,815.51. Councilor Carter seconded. There was no Council discussion. Council President Griffiths called for the question. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Kirby reported that the Finance, Administration and Rules Committee had not met. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met and discussed Ordinance Z-506-07 which was forwarded to the Full Council with a recommendation that the petitioner provide the Council with commitments. They also discussed Ordinance Z-507-07 which was forwarded with a unanimous recommendation to the Full Council. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Glaser reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Second Readin!! of Ordinance D-1853-07; An Ordinance ofthe Common Council ofthe City of Carmel, Indiana, Establishing the Tax Levy for the City of Carmel Cumulative Capital Development Fund and Amending Carmel City Code Chapter 2, Article 4, Section 2-91 Accordingly; Sponsor: Councilor Glaser (Finance, Administration and Rules Committee 8/20/07). This item was not discussed. Second Readin!! of Ordinance D-1854-07; An Ordinance ofthe Common Council of the City of Carmel, Indiana, Amending Certain Provisions of the City Code Regulating Speed Limit Fines; Sponsor: Councilor Sharp (Utilities, Transportation and Public Safety Committee 8/13/07). This item was not discussed. Council President Griffiths announced the Second Readin!! of Ordinance Z-506-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification, Rezoning of9 Acres of Real Estate at 10212-10218 North Michigan Road From S-l/Industrial to B-2 Business Zoning Classification (Thomas English Retail Real Estate, LLC). Councilor Sharp discussed the commitments presented to the Council from the petitioner. Councilor Sharp made a motion to approve Ordinance Z-506-07 upon submission of the fully executed and recorded commitment from Mr. Calderon. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance Z-506-07 was adopted 7-0. 2 I I I Council President Griffiths announced the Second Readin!!: of Ordinance Z-507-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Westmont Planned Unit Development District (2000 West 136th Street). There was no Council discussion. Councilor Sharp made a motion to approve Ordinance Z-507-07. Councilor Seidensticker seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance Z-507-07 was adopted 7-0. . PUBLIC HEARINGS There were none. NEW BUSINESS Councilor Seidensticker made a motion to lift this item from the Table. Councilor Sharp seconded. Council President Griffiths announced Resolution CC-08-06-07-01 (Resolution CC-07-16-07-01 was introduced at the Julv 16, 2007 Council meetin!!: and a motion/second was made to table); A Resolution of the Common Council of the City of Carmel, Indiana, For Designation of the Attached Property As an Economic Revitalization Area (Baker Hill Corporation - 10 year Tax Abatement). Councilor Carter referred to Tim Cook, Katz Sapper & Miller, 800 East 96th Street, Suite 500, Indianapolis, IN 46240, to present this item to Council. Also in attendance was Lisa Leventhal with Katz Sapper & Miller and Janet Bailey with Baker Hill. There was brief Council discussion. Council President Griffiths called for the question. Resolution CC-08-06-07-01 was adopted 7-0. Council President Griffiths announced Resolution CC-08-06-07-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Transfer of Real Property to Third Party (Four Acres at the Northeast Comer of US 31 and 131 st Street). Sponsor: Councilor Carter. WITHDRAWN by Councilor Carter. OTHER BUSINESS There was none. ANNOUNCEMENTS Councilor Sharp announced that the Carmel Community Players is currently performing "Big River" at Clay Middle School. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 6:50 p.m. 3 I Approved, 16 ATTEST: ~o Clerk-Treasurer Diana L. Co dray,IA C I I Oki()(;:()7 CC MC<.:ling ,VliTlllles 4 ~ C