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HomeMy WebLinkAboutCCM-09-17-07 City of Carl11el Office of the Clerk. Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, SEPTEMBER 17, 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. APPROV AL OF MINUTES a. August 20, 2007 Regular Meeting b. September 4, 2007 Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS TI-IE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSER V A TIONS 7. ACTION ON MA YORAL 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 317/571-1414 10. OLO BUSINESS a. Fourth Reading of Ordinance 0-1854-07; An Ordinance of tile Common Council of the City ofCarme!, Indiana, Amending Certain Provisions of tile City Code Regulating Speed Limit Fines; Sponsor: Councilor Sharp. b. Seeond Reading of Ordinance 0-1859-07 As Amended; An Ordinance of the Common Council of the City orCannel, Indiana, Establishing thc Appropriations for the 2008 Budget ($74,576,117): Sponsor: Councilor Griffiths. 11. PUBLIC HEARINGS a. Second Reading of Ordinance 0-1861-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Department of Law Budget from the General Fund Operating Balance ($250,000); Sponsor: Coul1cilor Glaser. b. First Reading of Ordinance 0-1863-07; An Ordinance ofthe Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Motor Vehicle.Highway Fund to the City bfCarmel Street Department ($990,384); Sponsor: Councilor Glaser. c. First Reading of Ordinance Z-508-07;.An Ordinance of the Common Council of the City of Carmel, Indiana, Deleting the Exemptions for Lots in Qualifying Subdivisions from Minimum Lot Standards in the Carinel Zoning Ordinance;. Sponsor: Councilor Sharp. 12. NEW BUSINESS a. First Reading of Ordinance 0-1862-07;An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting aSupplement to the Code of Ordinances of the City of Camlel, Indiana (Second Quarter); Sponsor: Councilor Glaser. b. First Reading of Ordinance 0-1864-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adding Chapter 2, Article 3, Division 1lI, Section 2-65 to the Cannel City Code (Employee Fringe Benefit Program/Combat Duty); Sponsor(s): Councilor(s) Kirby and Sharp. c. Resolution CC-09-17.07-03; A Resolution oftlle.Common Council of the City of Cannel, Indiana, Detemlining that a Tax Increment FinanCing Tax (TlF) Shall Not Be Levied Pursuant to Indiana Code 6-1.1-21.2-12 for the Calendar Year 2008; Sponsor(s): Councilor(s) Carter and Sharp: 2 13. OTHER BUSINESS a. Council Appointments 1. City of Cannel Ethics Board - Two Appointments (One to Expire January 1,2009, One to Expire January 1, 2010). 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 09/17/07 CC :"'lccling Agt'll(la 3 I I I COMMON COUNCIL MEETING MONDAY, SEPTEMBER 17,2007 - 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 Seiden sticker, 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 6:00 p.m. Pastor George Ferch, Bethlehem Lutheran Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented a Good Samaritan award and pin to. Shelby Zawadski (four years old) for her recent phonc call to the Cannel 911 Communications Center. Carmcl Fire Department Captain Tony Collins and Mindy Collins from the 911 Communications Center congratulated Shelby. APPROVAL OF MINUTES: Councilor Sharp made a motion to approve the Minutes of the August 20,2007 Regular Meeting. Councilor Glaser seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 6-0 (Councilor Rattennann abstained). Councilor Sharp made a motion to approve the Minutes of the September 4, 2007 Special Meeting. Councilor Glaser seconded. There was no Council discussion. The Minutes were approved 6-0 (Councilor Kirby abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Police Chief Michael Fogarty, 12880 University Crescent, Carme!. IN, address the COl/ncil regarding police sub stations. John Sullivan. 862 Enclave Circle, Carmel, IN 46032, addressed the Council regarding the recent acquisition of Keystone Avenue and Council's conduct and comments to the public. Henry Winckler, 411 Jenny Lane, Carmel, IN 46032, addressed the Council regarding Council's conduct and comments to the public. I I I Marnin Spigelman, ii816Harvard Lane, Carmel, IN 46032, Carmel, iN 46032, addressed the Council regarding Councilor Sharp's comments at the September 4'" Council meeting, regarding televising the Carmel Redevelopment Commission meetings, police sub stations and budget cuts. Mr. Spigelman also addressed Councilor Carter's traffic congestion comments and the Mayor's announcement of the recent acquisition of Keystone Avenue. Mr. Spigelman also disclissed 2007 election signs. COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERV A nONS: Councilor Sharp addressed cominents made by Mr. Spigelman and Mr. Sullivan. Councilor Kirby congratulated the Mayor on the recent acquisition of Keystone Avenue. Councilor Seidcnsticker addressed the Mayor regarding the recent acquisition of Keystone Avenue. Councilor Carter addressed comments made by Mr. Winckler regarding the Carmel Redevelopment Commission financials. Councilor Rattermann addressed the Mayor regarding the recent acquisition of Keystone A venue. Councilor Rattermann also addressed the upcoming appointments to the City of Carmel Ethics Board. Mayor Brainard discussed Keystone A venue. He stated that state law puts the responsibility on Mayors to sign contracts. When iUs an interlocalagreement, it has to go to the City Counci I. The Mayor stated it was his understanding that this Keystone agreement would be in the nature of an inicrlocal agreement. Secondly, all money is controlled by the Clerk-Treasurer's. office in a third class city. The money will be deposited and the Clerk-Treasurer will have the responsibility of investing the money received from the State for Keystone A venue, initially $50,000,000, It will then be up to the City to appropriate or determine how that money is to be used. The State will require in the draft ofthe agreement that monies be spent on improvements on Keystone Avenue. Clerk-Treasurer Diana L. Cordray addressed the Mayor regarding establishing a fund to deposit the money that is to be received from the State ofIndiana for the recent acquisition of Keystone Avenue. ACTION ON MAYORAL VETOES: There were none, CLAIMS: Councilor Sharp made a motion to approve the claims in the amount of $1 ,312,241.54. 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 met and discussed Ordinance 0-1861-07 which was forwarded with a 3-0 favorable recommendation to the Council. 2 I I I 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 Glaser reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance 0-1854-07. Proposed changes were recommended. This item was forwarded with a favorable recommendation to the Council. OLD BUSINESS Council President Griffiths. announced the Fourth Readinl! of Ordinance D-1854-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions of the City Code Regulating Speed Limit Fines. Councilor Sharp referred to Councilor Seidensticker to .present amended VERSION A, 09-17-07 to the Council. Councilor Kirby made a motion to accept Ordinance 0-1854-07 VERSION A, 09-17-07. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. The motion was approved 7-0. Councilor Sharp made a motion to approve Ordinance 0-1854-07 As Amended VERSION A, 09-17-07. Councilor Seidensticker seconded. There was no Council discussion. Council President Griffiths called for. the question. Ordinance D-1854-07 As Amended, VERSION A, 09-16-07 was adopted 7-0. Council President Griffiths announced the Second Readinl! of Ordinance D-1859-07 As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2008 Budget ($74,576,117). Councilor Sharp made a motion to move Ordinance 0-1859-07 into business. Councilor Kirby seconded. Councilor Sharp made a motion to affirm the amendments to Ordinance 0~1859-07 that were adopted on September 4, 2007 into business. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question to affirm the amendments. The motion to affirm the amendments was approved 7-0. Councilor Sharp made a motion to approve Ordinance 0-1859-07 As Amended. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance D-i859-07 As Amended was adopted 6-1 (Councilor Rattermann opposed). PUBLIC HEARINGS Council President Griffiths announced the Second Reading of Ordinance D-1861-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Department of Law Budget from the General Fund Operating Balance ($250,000). Councilor Glaser referred to Doug Haney, City Attorney, for a presentation to the Council. There was no Council discussion. Council President Griffiths opened the Public Hearing at 7:22 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at 7:22:30 p.m. Councilor Sharp made a motion to approve Ordinance 0-1861-07. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance D-1861-07 was adopted 7-0. 3 I I I Council President Griffiths announced the First Reading of Ordinance 0-1863-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Motor Vehicle Highway Fund to the City ofCam1el Street Department ($990,384). Councilor Glaser made a motion to move this item into business. Councilor Sharp seconded. Councilor Glaser presented this item to Council. There was no Council discussion. Council President Griffiths opened the Public Hearing at 7:23 p.m. Henry Winckler, 411 Jenny Lane, Carmel, IN, addressed the Council for clarification. Seeing no one else who wished to speak, Council President Griffiths closed the Public Hearing at 7:24 p.m. Councilor Kirby made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Sharp seconded. There was brief Council discussion. Council President Griffiths called for the question. The motion was approved 7-0. Councilor Glaser made a motion to approve Ordinance D-1863-07. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance 0-1863-07 was adopted 7-0. Council President Griffiths announced the First Reading of Ordinance Z-508-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Deleting the Exemptions for Lots in Qualifying Subdivisions from Minimum Lot Standards in the Carmel Zoning Ordinance. Councilor Sharp made a motion to move this item into business. Councilor Glaser seconded. Councilor Sharp presented this item to Council. There was no Council discussion. Council President Griffiths opened the Public Hearing at 7:31 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at 7:32 p.m. Council President Griffiths referred Ordinance Z-508-07 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS Council President Griffiths announced the First Readinl! of Ordinance 0-1862-07; 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 (Second Quarter). Councilor Glaser made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Glaser presented this item to Council. There was no Council discussion. Councilor Glaser made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Seiden sticker seconded. There was no Council discussion. Council President Griffiths'called for the question. The motion was approved 7-0. Councilor Glaser made a motion to approve Ordinance D-1862-07. Councilor Seidensticker seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance 0-1862-07 was adopted 7-0. Council President Griffiths announced the First Readinl!of Ordinance D-1864-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adding Chapter 2, Article 3, Division III, Section 2-65 to the Cam1el City Code (Employee Fringe Benefit Program/Combat Duty). Councilor Kirby made a motion to move this item into business. Councilor Sharp seconded. Councilor Kirby presented this item to Council. There was brief Council discussion. Councilor Sharp refen'ed to Amy Stein, Carmel Police Officer, Vice President of the Carmel FOP, Lodge 185, for clarification. Amy Stein referred to Willie Collins, Carmel Police Officer for clarification. Council President Griffiths referred to Doug Haney, City Attorney, for clarification. Council President Griffiths referred Ordinance D-1864-07 to the Finance, Administration and Rules Committee for further review and consideration. 4 I I I Council President Griffiths announced Resolution CC-09-17-07-03; A Resolution of the Common Council of the City of Carmel, Indiana, Determining that a Tax Increment Financing Tax (TIF) Shall Not Be Levied Pursuant to Indiana Code 6-1.1-21.2-12 for the Calendar Year 2008. Councilor Sharp made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Carter presented this item to Council. Councilor Sharp made a motion to approve Resolution CC-09-17-07-03. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question. Resolution CC-09-17-07-03 was adopted 7-0. OTHER BUSINESS a. Council Appointments I. City of Carmel Ethics Board - Two Appointments (One to Expire January 1,2009, One to Expire January I, 2010). Councilor Kirby nominated Attorney Steve Gross (Republican), tenn to expire January 1,2009. Councilor Rattelmann seconded. There was no Council discussion. Council President Griffiths called for the question. Mr. Gross was nominated 6-0 (Councilor Sharp not present). Councilor Carter nominated local businessman, Mr. Dick Stein (Democrat), term to expire January 1,2010. Councilor Rattermann seconded. There was no Council discussion. Council President Griffiths called for the question. Mr. Stein was nominated 6-0 (Councilor Sharp not present). Mayor Brainard informed the Council that his two nominations would be Pastor Joe Flack (Republican) and Attorney Buddy Pilot (Democrat). ANNOUNCEMENTS Councilor Kirby congratulated the opening of the new Dunkin Donuts in Caimel. Councilor Carter discussed the Farmers Market. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 8:06 p.m. 5 I I I ATTEST: Clerk-Treasurer Diana L. Cordray, TAM (i1J/171lJl CC ~h':Clillg Minuh.:.-: Respectfully submitted, Clerk-Treasurer Diana L. Cordr , TAMe Approved, /~~ yor James Brainard 6