HomeMy WebLinkAboutCCM 09-20-10Office of the
Clerk- Treasurer
City of Carmel
COMMON COUNCIL
MEETING AGENDA
MONDAY, SEPTEMBER 20 2010 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. September 7, 2010 Special Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS
7 ACTION ON MAYORAL VETOES
8. CLAIMS
a. Payroll
b. General Claims
c. Retirement
d. Detail of Wire Transfers for August, 2010
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
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10. OLD BUSINESS
a. Second Reading of Ordinance D- 2001 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Regarding Collection of User Fees as Established by the
Carmel/Clay Board of Parks and Recreation; Sponsor(s): Councilor(s) Snyder and Sharp.
b. Second Reading of Ordinance D- 2002 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Subsection 8- 21(a)(9) of City Code Chapter 8, Article
3, Section 21 (Thirty m.p.h. Speed Limit Designations 106`'` Street from Keystone
Parkway to Gray Road); Sponsor: Councilor Snyder.
c. Second Reading of Ordinance D- 2003 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-127 of the Carmel City
Code (Municipal Food and Beverage Tax Fund #105); Sponsor: Councilor Sharp. SENT
TO THE FINANCE, ADMINISTRATION AND RULES COMMITTEE (9/16/10).
d. Second Reading of Ordinance D- 2005 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City
of Cannel, Indiana, for the Year 2011; Sponsor: Councilor Sharp. SENT TO THE
FINANCE, ADMINISTRATION AND RULES COMMITTEE (9/16/10).
e. Second Reading of Ordinance D- 2006 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the
Clerk Treasurer, City of Carmel, Indiana, for the Year 2011; Sponsor(s): Councilor(s)
Sharp and Snyder. SENT TO THE FINANCE, ADMINISTRATION AND RULES
COMMITTEE (9/16/10).
f. Second Reading of Ordinance D- 2007 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the
Carmel City Court for the Year 2011; Sponsor(s): Councilor(s) Griffiths and
Seidensticker. SENT TO THE FINANCE, ADMINISTRATION AND RULES
COMMITTEE (9/16/10).
g.
Second Reading of Ordinance D- 2009 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8 -47, Subsections (a)(45)
(a)(46) (No Parking Areas) to the Carmel City Code; Sponsor(s): Councilor(s) Sharp and
Seidensticker.
h. Second Reading of Ordinance D- 2010 -10; An Ordinance of the Common Council of the
City of Cannel, Indiana, Adding Chapter 8, Article 2, Section 8 -11, Subsection (c)
(Erection of Non- Conforming Traffic Control Devices) to the Carmel City Code; Sponsor:
Councilor Seidensticker.
Second Reading of Ordinance D- 2013 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 8, Article 3, Section 23, Subsection (a)(18)
(Thirty Five m.p.h. Speed Limit Designations- 106` Street from Gray Road to Hazel Dell
Parkway) to the Carmel City Code; Sponsor: Councilor Snyder.
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11. PUBLIC HEARINGS
09/20/10 CC Meeting Agenda
Third Reading of Ordinance Z- 543 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Updating a Variety of Provisions of the Carmel Zoning
Ordinance (Patch VIII); Sponsor: Councilor Rider. REMAINS IN THE LAND USE,
ANNEXATION AND ECONOMIC DEVELOPMENT COMMITTEE (9/28/10).
k. Resolution CC- 09- 20 -10 -01 (Formerly CC- 09- 07- 10 -02); A Resolution of the Common
Council of the City of Cannel, Indiana, Approving a Transfer of Funds by the City of
Carmel Board of Public Works ($1,700,000 Public Safety Communications Project);
Sponsor: Councilor Accetturo.
1. Resolution CC- 09- 07- 10 -03; A Resolution of the Common Council of the City of
Carmel, Indiana, To Set the 2011 General Fund Tax Levy and Authorization of Borrowing
Between Funds; Sponsor: Councilor Sharp. SENT TO THE FINANCE,
ADMINISTRATION AND RULES COMMITTEE (9/16/10).
a. Second Reading of Ordinance D- 2011 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the Appropriations for the 2011 Budget
(General Fund, Motor Vehicle Highway Fund $77,550,601): Sponsor: Councilor Sharp.
b. First Reading of Ordinance Z- 544 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Removing the Sunset Provision of the Carmel Drive Range
Line Road Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor Rider.
12. NEW BUSINESS
a. First Reading of Ordinance D- 2014 -10; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8 -48, Subsection (a)(6)
(Limited Parking Areas); Sponsor: Councilor Carter.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
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COMMON COUNCIL
MEETING MINUTES
MONDAY, SEPTEMBER 20 2010 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEMBERS PRESENT:
Council President Richard L. Sharp, Council Members W. Eric Seidensticker, John V. Accetturo, Joseph
C. Griffiths, Luci Snyder, Ronald E. Carter, Kevin Rider, Clerk Treasurer Diana L. Cordray and Deputy
Clerk Treasurer Lois Fine.
Mayor Brainard was not in attendance.
Council President Sharp called the meeting to order at 6:00 p.m.
Pastor Richard Clark, Central Christian Church, pronounced the Invocation.
Council President Sharp led the Pledge of Allegiance.
I RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Griffiths made a motion to approve the minutes from the September 7, 2010 Special Meeting.
Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for
the vote. The Minutes were approved 7 -0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Tom Robinson, 3610 Brunswick, Carmel, IN., addressed the Council opposed to Ordinance D- 2002 -10
(Thirty m.p.h. Speed Limit Designations 106 Street from Keystone Parkway to Gray Road).
COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS:
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
Council President Sharp reviewed the opinion letter dated September 17, 2010 regarding the Executive's
veto of the City Budget ordinance and Council's interaction with the Carmel Redevelopment Commission
from Briane House, Norris Choplin Schroeder, LLP, Attorney for the Common Council. Council
President Sharp also referred to Loren Matthes, Umbaugh to present the Carmel Redevelopment
Commission Tax increment Financing revenues /obligations. There was extensive Council discussion.
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ACTION ON MAYORAL VETOES:
I There were none.
CLAIMS:
Councilor Griffiths made a motion to approve claims in the amount of $4,252,339.23. Councilor
Seidensticker seconded. There was no Council discussion. Council President Sharp called for the vote.
Claims were approved 7 -0
Detail of Wire Transfers for August, 2010, was presented by the Clerk Treasurer. Councilor
Seidensticker made a motion to acknowledge wire transfers in the amount of $980,775.07. Councilor
Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Wire
Transfers were acknowledged by the Council 7 -0.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee met and discussed
Ordinance D-2003-10 which will remain in committee.
Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee
had not met. The next meeting will be held on Tuesday, September 28, 2010 at 5:30 p.m.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met.
Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee had met.
Councilor Griffiths will present the committee report when each item appears on the agenda. The next
meeting will be held on Monday, October 11, 2010 at 5:30 p.m.
OLD BUSINESS
Council President Sharp announced the Second Reading of Ordinance D- 2001 -10; An Ordinance of the
Common Council of the City of Cannel, Indiana, Regarding Collection of User Fees as Established by the
Cannel /Clay Board of Parks and Recreation. Councilor Griffiths presented the Utilities, Transportation.
and Public Safety Committee to the Council. This item was referred back to the Council with a 3 -0
positive recommendation with proposed amendments. Councilor Griffiths made a motion to present
Ordinance D-2001-10 As Amended, VERSION A 9/20/10 to the Council for discussion. Councilor Rider
seconded. There was no Council discussion. Council President Sharp called for the vote. The motion
was approved 7 -0. There was no Council discussion. Councilor Griffiths made a motion to approve
Ordinance D- 2001 -10 As Amended, VERSION A 9/20/10. Councilor Rider seconded. There was no
Council discussion. Council President Sharp called for the vote. Ordinance D- 2001 -1.0 As Amended
was adopted 7 -0.
Council President Sharp announced the Second Reading of Ordinance D- 2002 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Subsection 8- 21(a)(9) of City Code Chapter
8, Article 3, Section 21 (Thirty m.p.h. Speed Limit Designations 106` Street from Keystone Parkway to
Gray Road). Councilor Griffiths presented the Utilities, Transportation and Public Safety Committee to
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the Council. This item was refereed back to the Council with a 3 -0 positive recommendation. Councilor
Griffiths made a motion to approve Ordinance D- 2002 -10. Councilor Snyder seconded. Councilor
Snyder informed the Council that an email from Mr. Tornquest was provided to them before the meeting.
Mr. Tornquest is opposed to Ordinance D- 2002 -10. There was brief Council discussion. Council
President Sharp called for the vote. Ordinance D- 2002 -10 was adopted 6 -1 (Councilor Accetturo
opposed). Council President Sharp addressed the Council.
Council President Sharp announced the Second Reading of Ordinance D- 2003 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2 -127 of the
Carmel City Code (Municipal Food and Beverage Tax Fund #105); Sponsor: Councilor Sharp. This item
remains in the Finance, Administration and Rules Committee and was not discussed.
Council President Sharp announced the Second Reading of Ordinance D- 2005 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of
the City of Carmel, Indiana, for the Year 2011; Sponsor: Councilor Sharp. This item remains in the
Finance, Administration and Rules Committee and was not discussed.
Council President Sharp announced the Second Reading of Ordinance D- 2006 -1.0; An Ordinance of the
Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of
the Clerk Treasurer, City of Carmel, Indiana, for the Year 2011; Sponsor(s): Councilor(s) Sharp and
Snyder. This item remains in the Finance, Administration and Rules Committee and was not discussed.
Council President Sharp announced the Second Reading of Ordinance D- 2007 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of
the Cannel City Court for the Year 2011; Sponsor(s): Councilor(s) Griffiths and Seidensticker. This item
remains in the Finance, Administration and Rules Committee and was not discussed.
Council President Sharp announced the Second Reading of Ordinance D- 2009 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8 -47, Subsections
(a)(45) (a)(46) (No Parking Areas) to the Cannel City Code. Councilor Griffiths presented the
Utilities, Transportation and Public Safety Committee to the Council. This item was referred back to the
Council with a 3-0 positive recommendation with proposed amendments. Councilor Griffiths made a
motion to present Ordinance D- 2009 -10 As Amended, VERSION A 9/20/10 to the Council for
discussion. Councilor Snyder seconded. There was no Council discussion. Council President Sharp
called for the vote. The motion was approved 7 -0. Councilor Griffiths made a motion to approve
Ordinance D- 2009 -10 As Amended, VERSION A 9/20/10. Councilor Rider seconded. There was no
Council discussion. Council President Sharp called for the vote. Ordinance D- 2009 -10 As Amended
was adopted 7 -0.
Council President Sharp announced the Second Reading of Ordinance D- 2010 -1.0; An Ordinance of the
Common Council of the City of Carpel, Indiana, Adding Chapter 8, Article 2, Section 8-11, Subsection
(c) (Erection of Non-Conforming Traffic Control Devices) to the Carmel City Code. Councilor Griffiths
presented the Utilities, Transportation and Public Safety Committee to the Council. This item was
referred back to the Council with a 3 -0 positive recommendation. There was no Council discussion.
Councilor Seidensticker made a motion to approve Ordinance D- 2010 -10. Councilor Snyder seconded.
There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2010 -10
was adopted 7 -0.
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Council. President Sharp announced the Second Reading of Ordinance D- 201.3 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 3, Section 23, Subsection
(a)(18) (Thirty Five m.p.h. Speed Limit Designations- 106` Street from Gray Road to Hazel Dell
Parkway) to the Carmel City Code. Councilor Griffiths presented the Utilities, Transportation and Public
Safety Committee to the Council. This item was referred back to the Council with a 3 -0 positive
recommendation with proposed amendments. The proposed amendment raises the speed limit to
(40) Forty m.p.h. Councilor Griffiths made a motion to present Ordinance D- 2013 -10 As Amended,
VERSION A 9/20/10 to the Council for discussion. Councilor Snyder seconded. There was brief
Council discussion. Council President Sharp called for the vote. The motion was approved 7 -0.
Councilor Griffiths made a motion to approve Ordinance D- 2013 -10 As Amended, VERSION A 9/20/10.
Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the
vote. Ordinance D- 2013 -10 As Amended was adopted 7 -0.
Council President Sharp announced the Third Reading of Ordinance Z- 543 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Updating a Variety of Provisions of the Carmel Zoning
Ordinance (Patch VIII); Sponsor: Councilor Rider. This item remains in the Land Use, Annexation and
Economic Development Committee and was not discussed.
Council President Sharp announced Resolution CC- 09- 20 -10 -01 (Formerly CC- 09- 07- 10 -02); A
Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds by the
City of Carmel Board of Public Works ($1,700,000 Public Safety Communications Project). Councilor
Griffiths presented the Utilities, Transportation and Public Safety Committee to the Council. This item
was referred back to the Council with a 0 -3 unfavorable recommendation. Councilor Griffiths made a
motion to approve Resolution CC- 09- 20- 1 -01. Councilor Rider seconded. There was brief Council
discussion. Council President Sharp called for the vote. Resolution CC- 09,- 20 -10 -01 Failed 1 -6
(Councilors Seidensticker, Griffiths, Sharp, Snyder, Carter and Rider opposed). Council President Sharp
addressed the Council.
Council President Sharp announced Resolution CC- 09- 07- 10 -03; A Resolution of the Common Council
of the City of Carmel, Indiana, To Set the 2011 General Fund Tax Levy and Authorization of Borrowing
Between Funds; Sponsor: Councilor Sharp. This item remains in the Finance, Administration and Rules
Committee and was not discussed.
PUBLIC HEARINGS
Council President Sharp announced the Second Reading of Ordinance D- 2011 -10; An Ordinance of the
Common Council of the City of Cannel, Indiana, Establishing the Appropriations for the 2011 Budget
(General Fund, Motor Vehicle Highway Fund $77, 550, 601). There was brief Council discussion.
Council President Sharp opened the Public Hearing at 8:17 p.m. The following individuals addressed the
Council with concerns:
Tom Robinson
Jim. Dillon
3610 Brunswick, Carmel, IN
507 Cornwall Court, Carmel, IN
Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 8:31 p.m.
There was brief Council discussion. This item will remain on the agenda.
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Council President Sharp announced the First Reading of Ordinance Z- 544 -10; An Ordinance of the
Common Council of the City of Cannel, Indiana, Removing the Sunset Provision of the Cannel Drive
Range Line Road Overlay Zone in the Carmel Zoning Ordinance. Councilor Griffiths made a motion to
move this item into business. Councilor Rider seconded. Councilor Rider presented this item to the
Council. There was no Council discussion. Council President Sharp opened the Public Hearing at
8:42 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at
8:43:15 p.m. Council President Sharp referred Ordinance Z- 544 -10 to the Land Use, Annexation and
Economic Development Committee for further review and consideration.
NEW BUSINESS
Council President Sharp announced the First Reading of Ordinance D- 201.4 -10; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8 -48, Subsection
(a)(6) (Limited Parking Areas). Councilor Snyder made a motion to move this item into business.
Councilor Griffiths seconded. Councilor Carter presented this item to the Council. There was brief
Council discussion. Council President Sharp referred Ordinance D- 2014 -10 to the Utilities,
Transportation and Public Safety Committee for further review and consideration.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
Councilor Rider addressed the Council regarding raising the speed limit on Keystone Avenue when all of
the construction is complete. Council. President Sharp requested that City Attorney, Doug Haney, prepare
an ordinance for Council to review.
EXECUTION OF DOCUMENTS
ADJOURNMENT
Council President Sharp adjourned the meeting at 8:48 p.m.
Respectfully submitted,
1 ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
09120/'10 CC Meeting Agenda
Clerk- Treasurer Diana L. Cords( ,1AJV1C
Approved,
Jaries Brainard, Mayor
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Fine, Lois A
From: Kurt Tornquist [kurt.tornquist @AES.com]
Sent: Friday, September 17, 2010 12:55 PM
To: Fine, Lois A
Cc: Cordray, Diana L; Julie Tornquist
Subject: comments for 9/20 City Council Meeting
Dear Ms. Fine
My wife and I will be unable to attend the Carmel City Council meeting on September 20, 2010. I was told by one
of your colleagues today that you would present my comments during the meeting if I emailed them to you in
advance. Specifically, 1 want to object to the proposed ordinance to remove stop signs and increase the speed
limit on sections of 106t Street. Please submit the following to the Council prior to the meeting:
Carmel City Council:
I would like express my opposition to the ordinance coming before the Council on September 20, 2010
recommending the removal of the 4 -way stop signs at the intersection of 106th Street and Lakeshore Drive East in
an effort to improve traffic flow coming from Keystone Parkway. I also understand the recommendation includes
increasing the speed limit on 106th Street from Keystone Parkway to Gray Road from 25 MPH to 35 MPH. As you
know, these same changes were repealed shortly after their implementation several months ago because of
concerns raised by residents, including my family, at that time. As a resident of 3598 E 106th Street, which is 3
houses east of this intersection, my objections to these current recommendations are based on my observations
concerning safety and efficiency of the traffic flow:
1. Safety First and foremost of my concerns is the fact that with the removal of the stop signs and increase
of speed limits to 35 MPH, you will create a straight shot for cars, many exceeding the 35 MPH speed limit
as the natural tendency, through a residential street lined with houses in which small children live. Many of
these children must cross the street to wait for the school buses because they are required to be on a
specific side of the street before the bus will stop. Many of these children cross the street to reach the
Woodlands Homeowners Association swimming pool and tennis courts or try to get to friend's houses.
Both my wife and I have witnessed and heard reports of very close calls between cars and children.
2. Traffic Flow Even during peak construction and rush hour, my wife and I have not encountered
inconvenience that would lead us to believe these changes are necessary. I travel to and from downtown
Indianapolis to work each day during the busy periods. As traffic backs up past my house in the morning, I
simply put on my blinker at the end of my driveway and the first or second driver lets me in with a friendly
wave every day. I also expect some level of back up in the evening, but it is never a significant problem.
My wife comes and goes throughout the day, and she has noticed a decline in the off-peak traffic, even
with the stop signs and lower speed limits.
In conclusion, these recommendations to remove the stop signs and increase the speed limit are ill- advised and
will create dangerous conditions that will significantly increase the risk that someone will be hurt or killed along
106 Street during routine activities. While I believe any inconvenience being cited by proponents of this change
is insignificant, I am completely willing to trade a level of inconvenience and take a little more time to get to where
I am going if it means avoiding the creation of a dangerous situation. Thank you for considering my comments
and sincerely hope you do not pass this ordinance.
Kurt Tornquist
3598 E 106th Street
Carmel, IN 46033
9/20/2010
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