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Home My WebLink AboutCCM-02-16-093+: y City of Carmel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, FEBRUARY 16, 2009 - 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. February 2, 2009 Regular Meeting 5. RECOGNITION OF PERSONS WI-10 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 1 10. OLD BUSINESS a. Fifth Reading of Ordinance D-1921-08; An Ordinance of the Common Council of the City of Carmel; Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission, Pledging County Option Income Tax Revenues of the City to Pay Certain Obligations and Taking Other Actions Related Thereto (Keystone Avenue, Additional Funding - 5'28,500,000); Sponsor(s): Councilor(s) Griffiths and Snyder. Second Reading of Ordinance D-1926-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a.Non-Reverting Worker Compensation Self- Insurance Fund #302 (Section 2-133); Sponsor(s): Accetturo, Carter, Griffiths, Rider, Seidensticker, Sharp and Snyder (Finance, Administration and Rules Committee 2/19/09). c. Second Reading of Ordinance D-1928-09; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending City Code Chapter 8, Article 3, Section 8-19(a) (Twenty tnph Speed Limit Designations), Changing the Speed Limit to 20 mph on a Portion of Main Street; Sponsor(s): Councilor(s) Carter and Rider. d. Third Reading of Ordinance Z-526-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Ordinance Z-500-06 As Amended by Ordinance Z-521-08 (Park Place PUD); Sponsor(s): Councilor(s) Sharp and Rider. e. Resolution CC-12-15-08-03; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting the Carmel Clay Comprehensive Plan "C3 Plan 2008" for the City of Carmel and Clay Township; Sponsor: Councilor Rider. 11. PUBLIC HEARINGS 12. NEW BUSINESS a. First Reading of Ordinance D-1927-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Cannel Redevelopment Commission, Pledging County Option Income Tax Revenues (Construction of Public Parking Garage, Construction and Renovation of Improvements to the Existing Veterans' Way Corridor, Construction of Certain Roundabouts, Drainage Improvements and Bike Paths in the Southwest Clay Township, Acquisition of the Existing Brookshire Golf Course and the Construction and Equipping of Certain Improvements Thereto; S27,750, 000); Sponsor: Councilor Sharp. b. First Reading of Ordinance D-1929-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 2, Article 2, Section 2-21, Regarding Carmel Cable Advisory Commission (Carmel Cable Television Advisory Committee); Sponsor: Councilor Rider. 13. OTHER BUSINESS City Council Appointments Fire Department Merit Board (Tetras expires 1/1/2011, two year term); One appointment. 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 02/ I G/09 CC Meeting Agenda COMMON COUNCIL MEETING MINUTES MONDAY, FEBRUARY 16, 2009 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President W.. Eric.Seidenstieker, Council Members Richard L. Sharp, John V. Accetturo, LIIGi Snyder,.Joseph_C. Griffiths, Ronald E.,Carter, Kevin Rider, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois,Fine. Mayor Brainard called the meeting to order` at ,6'.02 p.m. Mayor Braihard led the Pledge of Allegiance. Councilor Accetturo pronounced the:Irrvocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: 1 There were none. APPROVAL: OF MINUTFS: Councilor Griffiths made a motion to approve Minutes from the February 2, 2009Regular Meeting. Councilor Rider seconded. CouncilorAeeetturo madem motion,to correct the scrivener's error on Resolution CC-02-02-09,02; change from (Councilor Griffiths abstained) to (Councilor Accetturo abstained). Councilor Sharp seconded. There was no Council, discussion: Councir President Seidensticker called for the question. Minutes, were approved; 7-0. RECOGNITION OF PERSONS WHO WISWTO ADDRESS THE COUNCIL: Howard Green, 674 Johnson Drive, Carmel IN., addressed the Council-regarding a 1;900 square foot, 55 x 36 x 16 structure to accommodate nine vehicles being built on the property behind his home. Uo Merhoj, Represeming the Carmel Chamber of Commeree; 3,7E. iWirin.Sireet, Carmel, IN., addressed the Council in favor ofthe Keystone Avenue project-. Marnin Spigelman, 77816 Harvard Botdevard, Carrrrel, 'IN., addressed the Council opposing the Keystone Avenue project spending and the Performing Amts Center spending: Bill Styring, 3624 Brian Place, Carmel, IN., addressed the Co}nicilvith'questions regarding Carmel's submission to the "stimulus" package. Kerr Puller, 11015 PleawhNiew Drive, Carmel„L?,, representing 1Geystoile 4?roods HOA, addressed the Council regarding the-storm water drainage in his neighborhood' and his concerns of the Keystone Avenue project. Paul Ayres, 59 Bennett Road,, Carmel, IN,. representing the Village of Mt. Carmel, addressed the Council regarding sewers-and-sidewalks in the Village of Mt. Carmel. Joi) Sullivan; 9844 Chgmbrav Drive, Carmel, IN,.,representing the Chesterton neighborhood, addressed the Councilregarding'the lack of drainage in Chesterton. Jack Badger, 3039 Rolling Springs Drive, Caravel, IN., addressed the Carmel-in favor of the Keystone Avenue project funding. COUNCIL, MAYORAL. AND CLERK TREASURER COMMENTS/OBSERVATIONS: Councilor Accetturo,addressed the citizens with.drainage and infrastructure concerns. Councilor Sharp, discussed with the Council the meaning of abstention'voting.and'the Keystone Avenue project. Mayor.Brainard,addresseilMr. Styrings comments regarding the "stimulus" package. 1 Council President Seidensticker referred to Mike Holhbaugh; Director, Department of Community Services, to discuss the upconiing ConuritmityDesign Charrelte.ak Carmel I3igb.School,FebruaryT25, through March 2, 2009: There was brief Council discussion. Conncilor Seidenstickerreferred to Curt Coonrod to,discuss the proposed, property tax. Levi rates and the City's appropriations for 2009. There was brief.Council discussion. ACTION ON MAYORAL VE'I'OEs: There were none. CLAIMS Councilor Snyder made a motion to approve claims in.the amount of $3;504,270:06. Courimlor Rider seconded. There was no Council.discussion.. Council President::Scidensticker called for the question. Claims were approved 6--0 (Councilor-Griffiths abstained), COMMITTEE REPORTS: Councilor Snyder reported thatthe''Finance, Administration and. Rules,Coimnittee met on February 5, 2009, and voted 4-0 to hire the firm of KPMG o conduct the construction audit-of the Keystone Avenue project. They also met on February 11,2009 and discussed Ordinance D-1921-08 which was forwarded with proposed amendments to the Council with a3-O favoiabie recommendation. The nextpieeting will be held on Thursday, February -19, 2009 at 5:30 p,n5. .2 Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met and 1 discussed Ordinance Z-526-09 which was forwarded with a posiiive`recomritendation to't_he Council. They also discussed Resolution CC-1'1 .15 .0803 (C3 Plan) Which-reinams in committee. Councilor Sharp reported that they contniittee will schedule a.special meeting for Tuesday, February 24, 2009 at 5:30 p.m. They will hold their regularlysched fled meeting on Thursday, March 12,'2009 at 5:30'p.in, and will schedule another special meeting on Tuesday; March 24, 2009 at 5:30. Councilor Rider reported that the Parks,, Recreati on and Arts Committee ,Piet and a-presentation was made by the Parks Board, Mark Westemreier, Director, Cannel Clay-Parks & Recreation and Township Trustee Doug Callahan, de' rk-Treasurer Diana L. Cordray'informed'the"Council that-Doug Callahan would be repaying the City the balance of the money'from the $650,006'loatras soon as a meeting is-held,for the Township Board. Conleilor.Grlffths reported that the Utilities, Transportation. and. Public Safety Committee: met. and discussed Ordinance D-1928-09 Which was forwarded with a positive recommendation'. to the Council: OLD BUSINESS Council President Seidensticker announced the Fifth Reading of Ordinance-D=1921-08 As Amended, An Ordinance of the Common Council o(the City o=f Carmel„ Indiana, Approving a Lease Betwepn the City of Carmel Redevelopment .Authorityand the City of Carmel Redevelopment Commission, Pledging County Option Income Tax Revenues of the City to Pay Certain Obligations and'Taking Othtr Actions Related Thereto (Keysto)ie•Avenue, AdditiQrial Funding - $28j500,Q60). Council President Seidensticker asked Mayor Brainard if Rick Conner and Mike McBride were in attendance to provide=comments. Mayor Brainard stated they were, along with Loren NMatthes-and`Bruce Donaldson. Council, President Scidensticker stated that they+,vonld;start with thenn and! referrcd to Mr. Conner to address the Council. There was brief Council discussion. Councilor Carter made a motion to adopt Ordinance D-1.921-08 as proposed and sponsored by Councilors Griffiths',and Snyder' in the•'an>_ount of $28,500;090. Councilor Griffiths seconded. There was brief CouncilAiscussion. Mayor Brainardaddressed:the Council. There was extensive Council;discussion. Councilor Rider referred-to Rick Conner, American Structurepoint,.to address the Council, There was additional Couhcil discussion. Couincil'President Seidensticker called for the question. The4uotion to•adoptOrdinance'D 1927-6$ as proposed Failed 34 (Councilors Sharp, Accetturo, Snyder and.Scidensticker opposed). Theme was additional Council discussion. Councilor Snyder made a-rnotioirto rescind the motion to adopt Ordinance D 1921-08 Coinrcilor,Sharpseconded. There was brief Council discussion. Council President: Seidensticker called for the,question to rescind Ordinance D- 1921-08. The motio,ri was4ppeoved 6-1 (Councilor Accetturo opposed). Councilor Sharp made a motion to move into business for discussion purposes, Ordinance D-.1921-08 As Amended, VERSION A 02/16/09. Councilor Accetturo seconded. Councilor; Snyder reviewed1he proposed amendments for the Council. There was brief Council discussion Counciloi Griffiths made a motion to amend the amendment to increase' tlie.amountfrom S20,000"000 to $25,0001000. Councilor Rider seconded. Councilor Rider referred 'to Rick Conner, American Stnicturepoint; to make a presentation to the Council. There was extensive Council discussion. Mayor Brainard addressed the Council and referred to Loren Matthes, Utnbaugh, and Bruce' Donaldson, Attorney, Barnes &Thornburg, to address the Council. There was brief Council discussion. Mayor Brainard referred to Curt -Coairro8 to review the Fiscal Plan with the Council. Councilor Griffiths callecl -for the question. There w,as,no Council discussion. The'mdbon to amend the amended Ordinance D-1921-08 to increase the amount on lines 13 and 23 from 520,000,000 to 525,006,000 Failed 3-4.(Councilors.Sharp, Accetturo, Snyder and 3 Seidensticker opposed). Mayor Brainard addressed the Council- Theme was brief Council discussion. Councilor Sharp called for the question. Cbunetl President Seidensticker called for the question on Ordinance D-1921-08, As Amended. Ordinance D-1921 08, As Amended, was adopted 6-1 (Councilor Carter opposed). Mayor Brainard addressed.the Council There was brief Council discussion. Council President Seidensticker. amnounced--the Second Reading of Ordinance D-1926-09; An Ordinance of the Common Council oEthe City,of Can e), Indiana, Establishing a Ndii-Reverting Worker Compensation Self- hrsmnnee Hind,4302 (Section 2-133); Sponsor(s): Accctturo, Carter, Griffiths, Rider, Seidensticker, Sharp and Snyder (Finance, Administration and`Rules Committee 2/„19!09). This item was not discussed. Council President Seidensticker announced the,Seeond Reading of Ordinance D-1928-09; Ain Ordinance of the Common Council of the City of Carmel, Indiana; Amending City Code Chapter 8, Article 3, Section 8-19(a) (Tiventy niph Speed LirnitDesignations), Changing the Speed Limit to 20 mph on a Portion of Main Street. Councilor Griffiths addressed the Council., Council.President.Seidensticker called for the question. There was no Council discussion. Ordinance D-1928-09 was adopted 7'-0. Council President Seidensticker.announced tlie:Third Reading of Ordinance Z-526-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Ordiinnce,Z-500-06 As Amended by Ordinance Z-521-08 (Park Place PUD). Councilor Sharp referred to Dave Coots, Attorney„ Coots Heirke Wheeler, to address the Council. Mr. Coots presented the Clerk-Treasurer's office with an-agreement that was discussed at the Land Use, Annexation and Economic Development Committee.. There was brief Council discussion. Mayor Brainard addressed the Council. Council President Seidensticker returned Ordinance Z-526-09 to the Land Use„Annexation and Economic Development Committee for further. review and consideration. Council President Seidensticker announced Resolution CC-12-15-08-03; A Resolution of the Coininon Council of the City of Carmel, Indiana, Adopting the Carmel Clay Comprehensive Plan ``C3 Plan 2008" for the City of Carmel and. Clay.Township;.Sponsor; Councilor Rider, Remains in the Land Use, Annexation and Economic Development Committee. This'item was ndt,discussed. PUBLIC HEARINGS There were none. NEW BUSINESS Council President Seidensticker announced the First Reading of Ordinance D-1927-09; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving a Lease Between the City of Cannel Redevelopment Authority and the City of Cannel Redevelopment.Commission, Pledging County Option Income Tax Revenues (Construction of RuNic Parking Garage, Construction anct Renovation of Improvements to the L'xisting Veterans' Wt v Corridor, Cbnstrucdion of Certain tRoundabouts, Drainage Improvements and Bike Paths in the Southwest Clay Township, Acquesetion of the Existing Brookshire GolfCou se and the Construction and Equipping.of Certain Improvements Therelo; $27,750,000). Councilor Griffiths made a motion to move this item into business. Councilor Rider seconded Councilor Sharp presented this item to Council. There was no Council discussion. Council President Seidensticker referred Ordinance D-1927-09 to the Finance, Administration and Rules Committee for further review and consideration. 4 Council President Seidensticker-anrtounced the First Reading of Ordinance 114929-09; An Ordinance of the Common CotmCli of the City of Carrnel; Indiana; Amending Cannel City Code Ch"apter 2, Article 2 Section 2-21, Regarding. Carmel Cable Advisory Commission (Carmel Cable :Television Rdvisori) Committee). Councilor Griffiths made a motion _to'move this,item into business Councilor' Rider seconded. Councilor Rider presented this item to Council andmade a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Griffiths seconded. There was no Council discussion. Councit.Presidenl Seidensticker called. for the question. The motion'wns approved 5-0 (Councilors Carter and Snyder were not present). Councilor Rider made a motion to approve Ordinance D-1929-09. Councilor Sharp seconded. T1rere was no Council discussion. Council President Seidensticker called for the question. Ordinance D-1929-09 was adopted 6=0 (Councilor Snyder was not present). OTHER BUSINESS 1. Resolution.CC-02-02-09-02;,A .Resolution of the Common Council of the City of Carmel, Indiana, Disbursiilg,Arts Fund.Monies ($213,.)-00). Council President Seidensticker recalled this Resolution and struck it down as.null and'void. Council President Seidensticker stated .that-the-Mayor did not have money in the proper account. The invoice had been paid by the:Carmel Redevelopment Commission. Therefore, thisresolution was struck clown by the Chair as,null and void. Mayor Brainard addressed the Council and stated that he had checked Roberts Rules.of Order and did not find any provision for the Chair unilaterally to strike down the resolution. 'Councilor Sharp stated that, absent;the body overruling the decision of the Chair, the Chair can rule on almost anything they want. 2. City Council Ap"pointment"s Fire Department Merit Board (Terms expires 111 /2075, two year term); One appointment. Council President Seidensticker referred to Dave Flaboush; Carmel Fire Department to answer any questions on behalf of Fire Chief, Keith Smith. Councilor Carter nominated Don Stauder. Councilor Carter made a,moti.on to reappoint Mi. Stander. Councilor Sharp seconded. There was no Cou3161'discussion. Council President Seidensticker called for the question. Mr. Stauder was reappointed by acclamation. ANNOUNCEMENTS There were none. Resolution CC-02-02-02-09.- Mayor. Brainard ad&cssed the Council as'Presiding Officer and wanted to revisit what is clearly in his understanding.an<illegal action by the Chair, Councilor Carter made a motion to overrule the Chair. Councilor-Rider seconded. Council President Seidensticker addressed the Council. Mayor Brainard addressed the Council and.referredto Clerk-Treasurer Diana=L. Cordray for clarification. Council President Seidensticker rescinded thc motion to null and void Resolution CC-02-02=09-02. EXECUTION OF DOCUMENTS 1 ADJOURNMENT Mayor Brainard adjourned the meeting=at 10:13 p.m. .5 C U ATTEST: Clerk-Treasurer Diana . CordFay, IA 02116109 CC Meetin.- Minutes Respectfdl submitted, &CCU 6 Clerk-Treasurer Diana L. Cordo ]AMC :Approved, ayor James Brainard 6