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HomeMy WebLinkAboutCCM-12-21-09Office of the Clerk Treasurer 8. CLAIMS Ci a. Payroll b. General Claims c. Retirement COMMON COUNCIL MEETING AGENDA MONDAY, DECEMBER 21, 2009 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEETING CALLED TO ORDER l INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. December 7, 2009 Regular Meeting b. December 16, 2009 Special Meeting of Carmel 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS 7 ACTION ON MAYORAL VETOES Ordinance D- 1971 -09; An. Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2- 184.1, Change Orders or Alterations of Specifications and. Additional Services to the Carmel City Code; Sponsor(s): Councilor(s) Accetturo, Seidensticker, Sharp and. Snyder. ADOPTED 7 -0 ON DECEMBER 7, 2009. 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. Tenth Reading of Ordinance D- 1953 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Sections 3 -9(a) (c), 3 -13, 3 -15 and 3 -19 of the Carmel. City Code (3 -9 Regular and Special Meetings, Emergency Sessions; 3 -13 President Pro Tempore; 3-15 Clerk of the Council; 3 -19 Agenda /Additions to Agenda); Sponsor: Councilor Sharp. SCRIVENER'S ERROR ON ORDINANCE ADOPTED BY COUNCIL ON DECEMBER 7, 2009. b. Sixth Reading of Ordinance D- 1961 -09; An Ordinance of the Common Council of the City of Carmel, to Vacate a Portion of the Right -Of -Way of Lynne Drive and Catherine Drive; Sponsor: Councilor Rider. c. Sixth Reading of Ordinance D- 1962 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, to Vacate a Portion of the Right-Of-Way of Lynne Drive, Sonna Drive, Vivian Drive and Catherine Drive; Sponsor: Councilor Rider. d. Second Reading of Ordinance D- 1976 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending City Code Sections 8 -21 (Thirty mph Speed Limit Designations), 8 -22 (Forty mph Speed Limit Designations) and 8 -23 (Thirty-five mph Speed Limit Designations) Revising and Establishing Speed Limits on Certain City Streets; Sponsor(s): Councilor(s) Sharp and Griffiths. e. Second Reading of Ordinance Z- 534 -09 As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Restated and Amended Ordinance to Establish an Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure needed to Serve New Residential Development; Sponsor: Councilor Rider. AWAITING AMENDED DOCUMENT FOR COUNCIL SIGNATURE. 11. PUBLIC HEARINGS 12. NEW BUSINESS a. First Reading of Ordinance D- 1 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2 -184.2 to the Carmel City Code (Brookshire Golf Course Fees); Sponsor(s): Councilor(s) Accetturo, Rider, Sharp and Snyder. b. First Reading of Ordinance D- 1978 -09; An Ordinance of the Common Council of the City of Cannel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (Third Quarter Codification); Sponsor: Councilor Snyder. c. First Reading of Ordinance D- 1979 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Sections 8- 37(a)(3) (Fifteen Minute Loading Zones), 8- 47(a)(43) and (44) (No Parking Areas) to and Amending Sections 8- 47(a)(38)(c) and 8 -48( f)(48) (Limited Parking Areas) of the Carmel City Code; Sponsor: Councilor Carter. 2 d. Resolution CC- 12- 21- 09 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Second Amendment to an Interlocal Cooperation Agreement (Joint Park and Recreational Services to the Residents of the City and the Township); Sponsor(s): Councilor(s) Carter, Rider and Snyder. e. Resolution CC- 12- 21- 09 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Transfer of Monies for Monon Center Operations; Sponsor(s): Councilor(s) Sharp and Rider. f. Resolution CC- 12- 21- 09 -03; A Resolution of the Common Council of the City of Carmel, Indiana, Expressing Interest in the Purchase of Certain Properties Valued at Over $25,000 and Associated with the City's Road Improvement Projects (3 Properties); Sponsor: Councilor Rider. 13. OTHER BUSINESS a. Election of 2010 Council President b. City Council Appointments 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 12/21/09 CC Meeting Agenda 1. Carmel Ethics Commission (Term expires 1/1/12, two year term); One appointment, and shall not be affiliated with the same political party as the Mayor. 2. Carmel Redevelopment Commission (Term expires 12/31/10, one year telni); Two appointments. 3 1 1 COMMON COUNCIL MEETING MINUTES AS AMENDED MONDAY, DECEMBER 21, 2009 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Council President W. Eric Seidensticker, 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 not in attendance. Council President Seidensticker called the meeting to order at 6:00 p.m. Councilor President Seidensticker pronounced the Invocation. Councilor Rider led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Griffiths made a motion to approve the Minutes from the December 7, 2009 Regular Meeting. Councilor Accetturo seconded. There was no Council discussion. Council President Seidensticke: .tilled for the vote. The Minutes were approved 7 -0. Councilor Rider made a motion to approve the Minutes from the 'December 16, 2009 Special Meeting. Councilor Accetturo seconded. There was no Council discussion. Council President Seidensticker called for the vote. The Minutes were approved (Councilor Carter abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Jim Engledow, 13851 Riverwoodway, Cannel, IN., current President of the Carmel Clay Parks Recreation Board, addressed the Council in favor of Resolution CC- 12- 21 -09 -01 (Second Amendment to the Interlocal Agreement between the City of Carmel and Clay Township) and Resolution CC- 12- 21 -09- 02 (Transfer of Monies to fund the Monon Center operation). Jim Spicklemire, 1309 Lynn Drive, Carmel, IN., representing Judy. Stamper, President of Meridian Heights HOA, addressed the Council in favor of Ordinance D- 1961 -09 and Ordinance D- 1962 -09 (Vacation of Right -of- Ways). 1 COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS: Councilor Rider addressed Mr. Engledow's comments regarding the business plan for the Monon Center. Councilor Carter distributed material from the Carmel Redevelopment Commission regarding legal opinions from Carl Haas for loans on behalf of the Redevelopment Commission, the Theatre Facilities Agreement between the Carmel Redevelopment Commission and the Civic Theatre. Mr. Carter asked that the next President of this Council whoever he or she may be, follow state statute as outlined in IC 5- 13-7-6 and schedule a meeting of what has to be named the Board of f of Carmel before the last day of January 2010 to review the report of the Clerk- Treasurer including the City's investment policy. I would also ask that the Board hear two additional items. The first is why, if there is no City Ordinance that speaks to the process, the Council has not been included in the selection process of our repositories. The second and possibly more important is specifically how the last review process was conducted. Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. ACTION ON MAYORAL VETOES: Council President Seidensticker announced Ordinance D- 1971 -09; An Ordinance of the Common. Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2- 184.1, Change Orders or Alterations of Specifications and Additional Services to the Carmel City Code; Sponsor(s): Councilor(s) Accetturo, Seidensticker, Sharp and Snyder. ADOPTED 7 -0 ON DECEMBER 7, 2009. A memo from Mayor Brainard was delivered to all Council Members and the Clerk Treasurer with an explanation for his veto of this Ordinance. Councilor Sharp made a motion to move this item into business. Councilor Snyder seconded. Council President Seidensticker addressed the Council. There was no Council discussion. Council President Seidensticker called for the question to approve Ordinance D- 1971 -09. The motion Failed 0 -7 (All Councilor's opposed). CLAIMS: Councilor Griffiths made a motion to approve claims in the amount of $4,512,905.78 and $571,176.93. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Claims were approved 7 -0. COMMITTEE REPORTS: Councilor Snyder 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 D- 1961 -09 and Ordinance D- 1962 -09 which were forwarded to the Council, with proposed amendments, with no recommendation. Councilor Sharp will give the committee report when the items appear on the agenda. Councilor Rider reported that the Parks, Recreation and Arts Committee met and discussed the Jointer Agreement amendments. Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance D- 1976 -09 which was forwarded to the Council with a 2 -0 favorable recommendation. Councilor Griffiths will give the committee report when this item appears on the agenda. 2 1 1 OLD BUSINESS Council President Seidensticker announced the Tenth Reading of Ordinance D-1953-09; An. Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division. II, Sections 3 -9(a) (c), 3 -13, 3 -15 and 3 -19 of the Carmel City Code (3 -9 Regular and Special Meetings, Emergency Sessions; 3 -13 President Pro Tempore; 3 -15 Clerk of the Council; 3 -19— Agenda /Additions to Agenda); Sponsor: Councilor Sharp. SCRIVENER'S ERROR ON ORDINANCE ADOPTED BY COUNCIL ON DECEMBER 7, 2009. Councilor Snyder presented the scrivener's error to the Council to strike page one; except that it shall meet only on the 3 Monday in January. Council President Seidensticker referred to City Attorney, Doug Haney, for clarification. There was brief Council discussion. Council President Seidensticker called for the question. The motion to strike except that it shall meet only on the 3rd Monday in January was approved 7 -0. Council President Seidensticker requested that Councilor Sharp report on Ordinance D- 1961 -09 and. Ordinance D- 1962 -09 together. Council President Seidensticker announced the Sixth Reading of Ordinance D- 1961 -09; An Ordinance of the Common Council of the City of Carmel, Indiana to Vacate a Portion of the Right- Of-Way of Lynne Drive and Catherine Drive and announced the Sixth Reading of Ordinance D- 1962 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, to Vacate a Portion of the Right -Of -Way of Lynne Drive, Sonna Drive, Vivian Drive and Catherine Drive. Councilor Sharp presented the Land Use, Annexation and Economic Development Committee report to the Council and read the proposed amendments for Ordinance D- 1961 -09 starting on line 44. Councilor Griffiths made a motion to amend Ordinance D- 1961 -02 and Ordinance D- 1962 -09. Councilor Accetturo seconded. There was brief Council discussion. Councilor Griffiths made a motion to rescind his motion. Councilor Griffiths made a motion to amend Ordinance D- 1961 -09. Councilor Accetturo seconded. There was no Council discussion. Council President Seidensticker called for the vote. The motion was approved 7 -0. There was brief Council discussion. Councilor Rider made a motion to approve Ordinance D- 1961 -09 As Amended VERSION A 12- 21 -09. Councilor Griffiths seconded. There was brief Council discussion. Council President Seidensticker called for the vote. Ordinance D-1961-09 As Amended VERSION A 12 -21 -09 was adopted 7 -0. Councilor Rider made a motion to amend Ordinance :D- 1962 -09 starting on page 2, line 2. Councilor Snyder seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D- 1962 -09 was approved 7 -0. Councilor Rider made a motion to approve Ordinance D- 1962 -09 As Amended VERSION A 12- 21 -09. Councilor Griffiths seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D- 1.962 -09 As Amended VERSION A 12 -21 -09 was adopted 7 -0. Council President Seidensticker announced the Second Reading of Ordinance D- 1976 -09; An. Ordinance of the Common Council of the City of Carmel, Indiana, Amending City Code Sections 8 -21. (Thirty mph Speed Limit Designations), 8 -22 (Forty mph Speed Limit Designations) and 8 -23 (Thirty -five mph Speed Limit Designations) Revising and Establishing Speed Limits on Certain City Streets. Councilor Griffiths referred to Councilor Sharp to present the Utilities, Transportation and Public Safety Committee report to the Council, There was no Council discussion. Councilor Griffiths made a motion to approve Ordinance D-1976-09. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D- 1976 -09 was adopted 7 -0. 3 Council President Seidensticker announced the Second Reading of Ordinance Z- 534 -09 As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Restated and Amended Ordinance to Establish an. Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure needed to Serve New Residential Development; Sponsor: Councilor Rider. AWAITING AMENDED DOCUMENT FOR COUNCIL SIGNATURE. Councilor Sharp informed the Council that the amended ordinance that was forwarded to the Clerk- Treasurer's office from Attorney John Molitor was insufficient and incorrect. Councilor Sharp requested that the Clerk Treasurer's office send an email to John Molitor and have the ordinance corrected for Council signature. There was brief Council discussion. PUBLIC HEARINGS There were none. NEW BUSINESS Council President Seidensticker announced the First Reading of Ordinance D- 1977 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2 -184.2 to the Carmel City Code (Brookshire Golf Course Fees). Councilor Accetturo made a motion to move this item into business. Councilor Griffiths seconded. Councilor Accetturo presented this item to the Council. There was no Council discussion. Council President Seidensticker referred Ordinance D- 1977 -09 to the Finance, Administration and Rules Committee for further review and consideration and asked that this ordinance be reviewed by City Attorney, Doug Haney. Council President Seidensticker announced the First Reading of Ordinance D- 1978 -09; An Ordinance of the Common Council of the City of Cannel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (Third Quarter Codification). Councilor Snyder made a motion to move this item into business. Councilor Griffiths seconded. Councilor Snyder 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 Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. The motion was approved 7 -0. There was no Council discussion. Council President Seidensticker called for the question. Ordinance D- 1978 -09 was adopted 7 -0. Council President Seidensticker announced the First Reading of Ordinance D- 1979 -09; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Sections 8- 37(a)(3) (Fifteen Minute Loading Zones), 8- 47(a)(43) and (44) (No Parking Areas) to and Amending Sections 8- 47(a)(38)(c) and 8- 48(f)(48) (Lirnited Parking Areas) of the Carmel City Code. Councilor Griffiths made a motion to move this item into business. Councilor Carter seconded. Councilor Carter presented this item to the Council. There was no Council discussion. Council President Seidensticker referred Ordinance D- 1979 -09 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Seidensticker announced Resolution CC- 1 21- 09 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Second Amendment to an Interlocal Cooperation Agreement (Joint Park and Recreational Services to the Residents of the City and the Township). Councilor Carter made a motion to move this item into business. Councilor Griffiths seconded. Councilor Rider presented this item to Council and refereed to Mark Westermeier, Director, Carmel Clay Parks Department for clarification. There was brief Council discussion. Council President Seidensticker called for the question. Resolution CC- 12- 21 -09 -01 Failed 2 -5 (Councilors Sharp, Accetturo, Snyder, Seidensticker and Griffiths opposed). 4 1 Council President Seidensticker announced Resolution CC- 12- 21- 09 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Transfer of Monies for Monon Center Operations. Councilor Sharp made a motion to move this item into business. Councilor Rider seconded. Councilor Sharp presented this item to Council and made a motion to amend the amount of transfer from $540,000 to $1,000,000. Councilor Rider seconded. There was brief Council discussion. Council President Seidensticker called for the vote. The motion was approved 7 -0. There was brief Council discussion: Councilor Rider made a motion to approve Resolution CC- 12- 21 -09 -02 As Amended. Councilor Sharp seconded. There was brief Council discussion. Council President Seidensticker called for the vote. Resolution CC- 12- 21 -09 -02 As Amended was adopted 6 -1 (Councilor Carter opposed). Council President Seidensticker announced Resolution CC- 12- 21- 09 -03; A Resolution of the Common Council of the City of Carmel, Indiana, Expressing Interest in the Purchase of Certain Properties Valued at Over $25,000 and Associated with the City's Road Improvement Projects (3 Properties). Councilor Rider made a motion to move this item into business. Councilor Sharp seconded. Councilor Rider presented this item to the Council. There was no Council discussion. Councilor Sharp made a motion to approve Resolution CC- 12- 21- 09 -03. Councilor Rider seconded. There was no Council discussion. Council President Seidensticker called for the vote. Resolution CC- 12- 21 -09 -03 was adopted 7 -0. OTHER BUSINESS a. Election of 2010 Council President b. City Council Appointments 1. Carmel Ethics Commission (Term expires 1/1/12, two year term); One appointment, and shall not be affiliated with the same political party as the Mayor. Councilor Griffiths nominated Richard Stein (currently on the Commission). Councilor Rider seconded. There were no other nominations. Council President Seidensticker closed the nominations. Mr. Stein was reappointed to the Carmel Ethics Commission by acclamation. 2. Cannel Redevelopment Commission (Term expires 12/31/10, one year term); Two appointments. Councilor Rider nominated Tom Crowley (currently on the Commission). Councilor Sharp seconded. Councilor Sharp nominated William Hammer (currently on the Commission). Councilor Rider seconded. There were no other nominations. Council President Seidensticker closed the nominations. Mr. Crowley and Mr. Hammer were reappointed to the Carmel Redevelopment Commission. ANNOUNCEMENTS Councilor Rider nominated Councilor Sharp for 2010 Council President. Councilor Griffiths seconded. There were no other nominations. Council President Seidensticker closed the nominations. Councilor Sharp was appointed the 2010 Council President by acclamation. Council President Seidensticker announced the next Council meeting would be held on Monday, January 4, 2010 at 6:00 p.m. 5 Councilor Sharp announced that he would be making appointments to the Council Committees within the next two days. Councilor Sharp informed the Council that the 2 meeting in January would not be held since it is a City holiday. He asked the Council to let him know when they would be available for a Special Meeting if one is needed. Councilor Sharp also requested that the 2010 Parks Committee take up Resolution CC- 12- 21 -09 -01 (which was defeated tonight), amending the Joinder Agreement. He also asked that the Council work with the Township and draft whatever the Parks Committee would like to see changed and provide those changes to the Township no later than the end of th'e l st quarter of 2010. EXECUTION OF DOCUMENTS ADJOURNMENT Council President Seidensticker adjourned the meeting at 8:10 p.m. ATTEST: Clerk- Treasurer Diana L. Cordray, IAMC 12/21/09 CC Meeting Minutes Respec f lly submitted, or James Brainard Clerk Treasurer Diana L. Approved, 6 IAMC December 17, 2009 Eric Seidensticker President Pro Tempore of the Carmel Common Council One Civic Square City of Carmel, Indiana 46032 Dear Eric: I will be absent from the City of Carmel from December 17 2009 and on or about December 24 2009. In the event of an emergency, I hereby authorize you, Eric Seidensticker, to execute any necessary documents and act in my place if I am unable to be reached by telephone or otherwise. This action is being taken pursuant to Indiana Code Section 36 -4 -9 -7 and Carmel Code Section 2 -9. Karen Glaser has my telephone numbers if you need them. Very truly yours, ames Brainard Mayor CITY OF CARMEL JAMES 13RA [NARD, 1\i.AYOR ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571 .2401 FAx 317.844.3498 FMAii. jrainard@carmel.in.gov