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CCM-05-18-09
City of Carmel okre r Clerk-Treasurer COMMON COTYNCIL MEETING AGENDA. MONDAY, MAY M 2009 - 6?0 RM. 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 4. APPROVAL OF MINUTES a. May 4, 2009 Regular Meeting 5. RECOGNITION OF PERSONS WHO NVISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK:-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES S. CLAIMS a. Payroll b. General Claims c. 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 Comttee ONE CJVIC SQTJARP CARMEL; INDIANA 46032 3171571-2414 1 10. OLD BUSINESS a. Sixth 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 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 Lnproventents'and Bike Paths in the Southwest Clay Township, Acquisition of the Existing Brookshire Go f Course and the Construction and Equipping of Certain Impr-ovenne)its Thereto; $27,750,000); Sponsor: Councilor Sharp. (Remains in the Finance, Administration and Rules Committee 5/21/09). b. Third Reading of Ordinance D-1938-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 6, Article 1, Section 6-33(c)(1) (Regarding Police and Fire Merit Boards) and 6-33(c) (Probationary Period); Sponsor: Councilor Rider. Third Reading of Ordinance D-1939-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division 11, Sections.2-37, 2-49, 2-50, 2-51 and 2-55 of the Carmel City Code - Paid Time Off (PTO) (2-37 - Coverage and Authority to Adjust Personnel Policies; 2-49 -'Vacations; 2-50 - Sick Leave; 2-51 - Vacation and Sick Leave Credit; 2-55 - Family Illness/Bereavement Leave); Sponsor: Councilor Seidensticker (Sent to the Finance, Administration and Rules Committee 5/21/09). d. Second ReadinQ.of Ordinance D-1941-09; An Ordinance ofthe Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 2, Article 4, Section 2-133, Establishing a Hazardous Materials Response Fund (#107); Sponsor: Councilor Rider. e. Second Reading of Ordinance D-1942-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 2, Article 4, Section 2-134, Establishing a Non-Reverting Residential Drainage Improvement Fund (#212); Sponsor(s): Councilor(s) Accetturo, Rider, Seidensticker Sharp and Snyder. (Sent to the Finance, Administration and Rules Committee 5/21/09) Resolution 05-18-09-04 (Formerly CC-05-04-09-01); A Resolution of the Common Council of the City of Cannel, Indiana, Expressing Interest in the Purchase of Certain Properties valued at over $25,000 and Associated with the City's Road Improvement Projects (43 Properties); Sponsor: Councilor Rider. (Sent to the Land Use, Annexation and Economic Development Committee 5/14/09). 11. PUBLIC HEARINGS 12. NEW BUSINESS a. First Reading of Ordinance D-1943-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Hamilton County Stray Animal Care Services); Sponsor: Councilor Snyder. b.; Resolution CC-05-18-09-O1.; A Resolution of the Coriiirioii Council of the Cityof Carmel, Indiana, Approving;a'.Transfer of Fund's by'the:City.ofCannel Street Department ($200,000); Spo'nso'r:, Councilor Seidensticker. c. Resolution CC-05=A8-09-02; A Resoludonof the:Common.Council of the Cityof Carmel, Indiana,. Establishing and Defining;the Condition for the S20;000,000 Interim Loan for, the,Keystone Avenue' Project; Spomor(s):? Councilor(s) Accetturo, Seidensticker„Sharp-and Snyder, d. Resolution CC=05=}R-09-03; A,Resolution of the Common Council of.the City of Cannel, Indiana, Ailopting?the Carlrle] Link Temporay Signage'Solution forthe City of Carmel and Ciay' Township; Sponsor: Councilor.'Snyder. 13. OTHER--BUSINESS 14. ANNOUNCEMENTS B. EXECUTmN'OF DOCUMENTS 16. ADJOURNMENT 0511 W09 CC Meaiing All 'Ju COMMON COUNCIL MEETING MINUTES MONDAY, MAY 18, 2009 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Council President W. Eric Seidensticker, Council Members Richard L. Sharp, John V. Accetturo, Luci Snyder, Joseph C. Griffiths, Ronald E. Carter, Kevin Rider-, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor Brainard was.notin.attendance. Council President Seidensticker called the meeting to order-at 6:00 p.m. Reverend David Totman, Lighthouse'Tabernacle, pronounced the.lnvocation. Council President Seidensticker led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS; 1 There were none, APPROVAL OF MINUTES: CoL[nc1103- Griffiths made a motion.to approve the,Minutes'-from-the May 4, 2009 Regular Meeting. Councilor Snyder seconded. There was no Council discussion. Council President,Seidensticker called for the vote. The Minutes were. approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS'THE COUNCIL: Jack Badger, 3039 Rolling Springs Drive, Carmel, IN., addressed the Council-in favor of Ordinance D-1927-09 ($27,750,000 Lease). Mo Merhoff, representing-the Carmel ,Chain ber, 37 E..Mazn Street, Carmel; IN., addressed. fhe Council'in favor of Resolution. CC=05-i8-09-03 (Temporary 5ignage). COUNCIL, MAYORAL AND.CLERK=TREASURER COMMENTSIOBSERVATIONS: Councilors Accetturo; Sharp and'Snyder addressed Mr. Badger.'s.comments.regarding the Keystone Avenue project. ACTION ON MAYORAL VETOES: There were none. CLAIMS: 1 Councilor Griffiths made a motion to approve claims in the'arnount of $2,313,570:73. Councilor Sharp seconded. There was no Council discussion. Council President, SOdensticker called for the vote. Claims were approved 7-0. Councilor Snyder reported`that the Finance; Administration.and.Rules Committee.had not met. The next meeting will be held on Thursday, May 21, 2009,at 5:30p.m. Councilor Sharp reported that the land Use, Annexation and Economic Development Committee met and discussed Resolution CC-05-04-09-01 which will remain in committee. Councilor Rider reported'.that the Parks, Recreation and Arts Committee met regarding the 2008 loan and its repayment by the Parks Eoard. There was brief Council discussion:. Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance D-1938=09 which was, forwarded with proposed amendments to the Council with a 3-0 favorable recommendation. Also discussed was Ordinance D-1941-09 which wasTorward to the Council with a 3-0 favorable recommendation. OLD BUSINESS Council President Seidensticker announced the SixWReadin2 of Ordinaince.D-1927-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving,a Lease Between-the City of Carmel Redevelopment.Audtority and the City of.Calmel Redevelopment Commission, Pledging County Option Income Tax Revenues (Construction ofP-ublic Parking Garage, Construction and Renovation of Improvements to the Existing Veterans" Way 'Corridor, Construction of Certain Roundabouts, (drainage hnproventents'and Bike Paths. in the Southwest 0ay.Township, Acquisilion of the ExzstingBroolrshire Golf Course and the Construction and Equipping of Certain-Irnprovements.Thereto, $27,750; 000); Sponsor: Councilor Sharp. (Remains,in the Finance, Administration and;Rules,Comnittee 5/21/09). This item was not discussed. Council President:Seidensticker announced the Third Reading of'Ordinance ,D-1938-09; An Ordinance of the Common Council of the City ofCarmel, Indiana, Amending Carmel City'Code Chapter 6, Article 1, Section 6-33(0)(1) (Regarding Police and Fire Merit Boards)sand 6'-33(e) (Probationary Period). Councilor Griffiths made a motion to.move,Ordinance D-1938-09 As Amended; Version A -Inlay 18,. 2009 into business for discussion.. Councilor Sharp seconded. There was:no Council discussion. Council President Seidensticker called for tlhe vote. The motion was approved 7-0. Counoilor Griffiths made a motion to approve Ordinance D-1938-09,As Amended Version A-'May 18, 2009. Councilor Rider seconded. There was no Council discussion. Council President"Seidensticker called,for the vote. Ordinance D-1938-09 As Arriended was adopted 7-0. Council President Seidensticker announced'the.Third Reading of Ordinance D-1939-09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division It, Sections 2-37, 249, 2-50, 2-51 and'2 55 of he Carmel City Code - Paid'Time Off (PTO) (2-37 - Coverage and Authority to Adjust Personnel Policies,- 2-49 - Vacations; 2-50 -Sick Leave, 7-51- Vacation and Sick Leave Credit; 2 5'S - Family lllriess/Bereavelirent Leave); Sponsor: Councilor Seidensticker (Sent to the Finance, Administration and. Rules Committee 5121/09). This item was-not discussed. Council President Seidensticker announced'the Second Reading of Ordinance D-1941-09; An Ordinance of the Common Councilo f the Cityof Carmel, Indiana Aineiidnig Carmel City Code Chapter 2, Article 4, Section 2-133, Establishing; a Hazardous. Materials Response Fund (#1'07). Councilor Griffiths made a;motion to approve Ordinance D-1941-09. Councilor, S harp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D-1941-09 was adopted 7-0. Council President Seidensticker announced the Second.Readina of Ordinance D71942-69;,An Ordinance of the Common Council of the.Cityof Carmel, Indiana, Adopting and Adding C,arrirel City Code Chapter 2, Article-4, Section-2-134, Establishingla 1Non-Reverting,Residential.Drainage Improvement Fund (#212); Sponsor(s): Councilor(s) Accetturo, Rider,!Seidensticker.Sharp and Snyder. (Sent to the Finance; Administration and Rules Committee 5/21/09). This item`was.not discussed. Council President: Seidensticker announced"Resolution CC-05-18-09-04 (Formerly CC-05-04=09-01); A Resolution of the Common Council of the City of Carmel,, Iiidiar a, Express ing":interest in the Purchase of Certain Properties valued at over $25,000 and Associated with--the City's, Road.Improvement Projects (43 Properties); Sponsor: Councilor Rider. (Sent to.the Land Use,.Annexation and Economic Development Committee 5114109). This item was:novdiscussed. 1 PUBLIC HEARINGS, NEW BUSINESS Council President Seidensticker announced :the-First.Reading,of.Ordinance D-1943.09; An Ordinance of the Common Council of the City of Carmel, Indiana; Approving and Adopting Interlocal Agreement (Hamilton County Stray Anfnial Care Services)-. Councilor Griffiths madeia motion,to move,this item into business. Councilor Rider seconded. Councilor Snyder presented;thi_s•item to Council. Councilor Griffiths made a motion to suspend the rules and not send"thisitem to committee and vote this evening. Councilor Snyder seconded. There was no Council discussion. Council President Seidensticker called far the vote. The motion was approved 7-0. Councilot-Griffitl s macle.,a motion to approve Ordinance D-1943-09. Councilor Aceetturoseconded. There was. brief Council discussion. Council'President Seidensticker called. for the,watc. Ordinance D-1943'-09 was adopted 7'0. Council President Seidensticker announced-Resolution'CC-05-1.8-09-01; A Resolution of the Common Council of the City of Carmel, lndiana,.Approving a Transfer of Funds by the City of Cannel Street Department ($206_:000); Councilor Accetturo made a•motionto move this-item into business. Councilor Snyder seconded. Council:President.Seidensticker,referred to Dave llu`ffinan, Street Commissioner, to present this item to Council. There. was brief Couiicil,discussion. Councilor Griffiths made a motion to approve Resolution CC-05-18-©9-01. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Resolution CC-05-18-09-01 was-adopted 1-0: 3 Council President Seidensticker announced Resolution CC-05-,18-09-02; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing,and Defining the Condition for the $20,000,000 1 Interim Loan for the Keystone Avenue Project. Councilor Sharp made a motion to move this item into business. Councilor Snyder seconded Councilor Sharp presented this item to Council. There was no Council discussion. Councilor Sharp made:a motion to approve Resolufion CC-05-t8-09-02. Councilor Griffiths seconded. City Attorney, Doug Haney, addressed'the Council. Councilor' Sharp withdrew his motion. Councilor Sharp made an additional motion to suspend the rules and not send this item to committee. Councilor Snyder seconded. Council President Seidensticker called for the vote. The motion Failed 6-1 (Councilor Carter opposed). This item will'be held over to the nekt Council meeting scheduled for Monday, June 1, 2009. Council President Seidensticker announced Resolution CC-05-18-09-03; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting the Cannel Link Temporary Signage Solution for the City of Camrel and Clay TorJnship. Councilor Snyder made a motion to move this item into business. Councilor Accetturo seconded. Councilor Snyder presented this item to Council. Councilor Snyder made a motion to amend the verbiage in Exhibit A - Tntroduction with the following: The, Affected Area is the Merchants Square Business District boundary defined as Executive Drive both North and South and Cancel Drive both North and South-on the.North (including 162, 301, and.313 E. Carmel Drive); 1161h Street on the North and,South.as the Southern boundary;.-,.Keystone Parkway the boundaries on.the east. and Rangeiine Road East and [Vest as the llMestern boundary. There was brief Council discussion. Councilor Accetturo seconded. Council President Seidensticker refereed to Clerk-Treasurer, Diana L. Cordray, to read the proposed amendments. Councilor" Sharp_made'a motion to amend the amendment to include the word side in referencing North, South, East and West boundaries. There was brief Council discussion. Councilor Rider seconded. Council President Seidensticker called for the vote. to amend the amendment. The motion was approved 7-0. There was brief Council discussion. Councilor Sharp called. for the question. Council P-resident?Seidensticker called for the vote. The-motion to amend the amendment was approved 7-0. Councilor Rider made a motion to amend Resolution CC-05-18-09-03 As Amended and to add the property al the northeast Corner of'l16'h & Keystone Avenue. Councilor Snyder seconded. There was brief Council discussion. Councilor Sharp made a motion to approve Resolution CC-05-18-09-03 As Amended. Councilor Rider seconded. There was rio Council discussion. Council President Seidensticker called for the vote. The motion was approved 7=0. Councilor Sharp made a motion to amend Exhibit A -,Guidelines (C.) to read;;Sip Permit application and approval shall be required but all fees will be tivdived. Councilor Snyder, seconded. Theme was"no Council discussion. Councilor Snyder made a motion to approve. Councilor Sharp seconded. Council President Seidensticker called for the vote. The motion was approved 7-0. Councilor Carter made a motion to amend line 21 of Resolution CC-05-1.8-09-03 As Amernded to read: Cannel Drive until 21 days after these intersections are reopened to through traffic. Councilor Rider seconded. There was no: Council. discussion. Council President Seidensticker. called for the question, The motion to amend Resolution CC-05-18-09-03 As Amended was approved 7=O. Councilor Griffiths made•a motion,to approve Resolution CC-05-18-09-03 As Amended. Councilor Snyder seconded. There was brief Council discussion. Council President Seidensticker catled for the vote. Resolution CC-05-18.09-03 As Amended was adopted 7-0. Councilor Sharp made a motion to Add-On.Ordiuanee D-1945-09 to the agenda. Councilor Accettnro seconded. Council President Seidensticker called ,for'the vote. The motion was approved 6-1 (Councilor Carter opposed). OTHER BUSINESS First Reading of Ordinance D-1945-095 An Ordinance of the Common Council of the City of Cannel, Indiana, Authorizing and Approving an Addition al Appropriation of Funds for the General Fund/City Council. Councilor Sharp presented this itemao Council. There was brief Council discussion.. Council President Seidensticker referred Ordinance D-1945-09 to the Finance, Administration and Rules Committee for further review and consideration. ANNOUNCEMENTS There were none. EXECUTION OF.D000MENTS. ADJOURNMENT Council President;Seidensficker adjourned themeeting at 7:09 p.m. submitted, II? ATTEST- Clerk-Treasurer Diana L., u 051l8/09 CC Mating minutes Clerk-Treasurer Approved, ( f or James Brainard 5