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HomeMy WebLinkAboutCCM-11-15-10COMMITTEE 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 10. OLD BUSINESS a. Third Reading of Ordinance D- 2016 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 3, Section 27, (Fifty m.p.h. Speed Limit Designations) to the Carmel City Code and Amending Carmel City Code Chapter 8, Article 3, Section 8 -26 (Worksite Speed Limit Designations), Subsections (a)(1) and (2); Sponsors: Councilors Snyder, Accetturo, Carter, Griffiths, Rider, Seidensticker and Sharp. TABLED 10/18/10 11. PUBLIC HEARINGS a. First Reading of Ordinance Z- 546 -10; An. Ordinance of the Common Council of the City of Carmel, Indiana, Amending Z -359 Parkwood Crossing West Planned Unit Development District Ordinance (To allow a Financial Institution with Additional Parking Requirements); Sponsor: Councilor Rider 12. NEW BUSINESS a. First Reading of Ordinance D- 2018 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Regarding the Structure of Funds for the Carmel Clay Parks and Recreation Board (2 -121 Parks and Recreation Nonreverting Monon. Center Operating Fund #109); (2 -136 Parks and Recreation Extended School Enrichment Fund #108); Sponsor: Councilor Snyder. b. First Reading of Ordinance D- 2019 -10; An Ordinance of the Common. Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2011; Sponsor(s): Councilor(s) Accetturo, Griffiths, Rider, Seidensticker, Sharp and Snyder. c. Resolution CC- 11- 15- 10 -01; A Resolution of the Common. Council of the City of Carmel, Indiana, Designating 13085 Hamilton Crossing Boulevard, Carmel, Indiana 46032 as an Economic Revitalization Area (KAR Auction Services, Inc., 10 Year Personal Property Tax Abatement); Sponsor(s): Councilor(s) Carter, Rider, Sharp and Snyder. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 1 1/] 5 /10 CC Meeting Agenda As Amended 2 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 finance of Cannel 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 0-1971-09; 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 S571,176.93. 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, Armexation 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 COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 15, 2010 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, 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 called the meeting to order at 6:00 p.m. Senior Associate Pastor Father Mel Bennett of St. Elizabeth Seton Parish pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Council President Sharp recognized the Carmel Fire Department and discussed the recent 3 -alarm fire at the strip mall on Rangeline Road this past week. Council President Sharp also addressed the Council regarding the stop sign at 126 and Auman Drive and recognized Patrolman Scott Morrow with the Carmel Police Department. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve the Minutes from the November 1, 2010 Regular Meeting. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the vote. The Minutes were approved 6 -0 (Carter abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Winston Long, 12316 Brookshire Parkway, Carmel, IN. representing the Cable Advisory Commission addressed the Council and provided an update on AT T U- verse. Marnin, Spigelman, 11816 Harvard Lane, Carmel, IN addressed the Council regarding the Mayor's potential veto of Ordinance D- 2015 -1.0 (Redevelopment Commission). COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS: Councilor Snyder addressed the Council regarding the proposed City wide rubbish pickup and also informed the citizens that the Hamilton Council Humane Society would be hosting a fundraiser (Tinsel Tails) this Thursday, November 18, 2010, to be held at the Conference Center on USA Parkway in Fishers. 1 1 1 Councilor Griffiths addressed the Council regarding a recent police investigation of a dog shot by paint balls. Councilors Seidensticker and Accetturo addressed the Council regarding pruning of trees by the utility due to overhead utility lines. Mayor Brainard addressed the Council. Council President Sharp addressed the Council regarding the audited Financial Statement for the Center For The Performing Arts, Inc. Council President Sharp also informed the citizens that a tuning concert will be held at the Performing Arts Center this evening by members of the Carmel High School performing arts group. ACTION ON MAYORAL VETOES: Councilor Carter recused himself and left the Council chambers. Council President Sharp announced Ordinance D- 2015 -10 As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Division II, Section 2 -8 (c), Adding 2 -8(d) (Redevelopment Commission) of the Carmel City Code: Councilor(s) Accetturo, Griffiths, Rider, Seidensticker, Sharp and Snyder. ADOPTED 6 -0 ON NOVEMBER 1, 2010. A memo from Mayor Brainard was delivered to all Council Members and the Clerk- Treasurer with an explanation for his veto of this Ordinance. Council President Sharp addressed the Council and reviewed the Indiana Code 36- 4- 6 -16(c) (Ordinance, order, or resolution; power of city executive to approve or veto) and the Carmel City Code 3 -27 (d) (Approval /Disapproval by Mayor of All Council Ordinances). There was no Council discussion. Councilor Seidensticker made a motion to approve Ordinance D- 2015 -10 As Approved. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance 0- 2015 -10 As Amended was adopted 6 -0. Councilor Carter reentered the Council Chamber. CLAIMS: Councilor Griffiths made a motion to approve Claims in the amount of $3,680,129.46. 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 October, 2010, was presented by the Clerk Treasurer. Councilor Griffiths made a motion to acknowledge Wire Transfers in the amount of $877,303.18. 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 had not met. The next meeting will be held on Thursday, November 18, 2010. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had not met. The next meeting will be held on. Tuesday, November 23, 2010 at 5:30 p.m. 2 1 1 Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. I Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Council President Sharp anmounced the Third Reading of Ordinance D- 2016 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 3, Section 27, (Fifty m.p.h. Speed Limit Designations) to the Carmel City Code and Amending Carmel. City Code Chapter 8, Article 3, Section 8 -26 (Worksite Speed Limit Designations), Subsections (a)(1) and (2). Council President Sharp lifted this item from the Table. There was no Council discussion. Councilor Griffiths made a motion to approve Ordinance D- 2016 -10. Councilor Seidensticker seconded. There was no Council discussion. Council President. Sharp called for the vote. Ordinance D- 2016 -1 was adopted 7 -0. PUBLIC HEARINGS Council President Sharp announced the First Reading of Ordinance Z- 546 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Z -359 Parkwood Crossing West Planned Unit Development District Ordinance (To allow a Financial Institution with Additional Parking Requirements). Councilor Seidensticker made a motion to move this item into business. Councilor Griffiths seconded. Councilor Rider referred to Paul Reis, Attorney, Krieg Devault, 12800 North Meridian Street, Suite 300, Carnlel, IN. to present this item to the Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 6:47 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 6:47:30 p.m. There was brief Council discussion. Council President Sharp referred Ordinance Z- 546 -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- 2018 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Regarding the Structure of Funds for the Carmel Clay Parks and Recreation Board (2 -121 Parks and Recreation Nonreverting Monon Center Operating Fund #109); (2 -136 Parks and Recreation Extended School Enrichment Fund #108). Councilor Griffiths made a motion to move this item into business. Councilor Snyder seconded and presented this item to the Council. There was no Council discussion. Council President Sharp referred Ordinance D- 2018 -10 to the Finance, Administration and Rules Committee for further review and consideration. Council President Sharp announced the First Reading of Ordinance D- 201 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2011. Councilor Griffiths made a motion to move this item into business. Councilor Accetturo seconded. Councilor Snyder presented this item to the Council. Councilor Accetturo made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Seidensticker 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- 2019 -10. Councilor Rider seconded. There was brief Council discussion. Council. President Sharp called for the vote. Ordinance D- 2019 -10 was adopted 7 -0. 3 1 Council President Sharp announced Resolution CC- 11- 15- 10 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Designating 13085 Hamilton Crossing Boulevard, Carmel, Indiana 46032 as an Economic Revitalization Area (KAR Auction Services, Inc., 10 Year Personal Property Tax Abatement). Councilor Griffiths made a motion to move this item into business. Councilor Snyder seconded and presented this item to the Council and referred to Chad Sweeney, GINOVUS, to address the Council. There was no Council discussion. Councilor Rider made a motion to approve Resolution CC- 11- 15- 10 -01. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Resolution CC- 11- 15- 1.0 -01 was adopted 7 -0. Councilor Carter made a motion to Add -On to the Agenda Ordinance D- 2022 -10; An. Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII to Add Section 6 -162 to the Carmel City Code (Sale or Other Transfer of Synthetic Cannabinoids Prohibited); Sponsor: Councilor Carter. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the vote. The motion was approved 7 -0. OTHER BUSINESS Council President Sharp announced the First Reading of Ordinance D- 2022 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII to Add Section 6 -162 to the Carmel City Code (Sale or Other Transfer of Synthetic Cannabinoids Prohibited). Councilor Seidensticker made a motion to move this item into business. Councilor Snyder seconded. Councilor Carter addressed the Council and requested that Councilors Seidensticker, Accetturo, Griffiths, Snyder and Rider be added as sponsors to this ordinance. Councilor Carter presented this item to the Council and referred to Steve Dillon, Director of Student Services for Carmel Clay schools, to address the Council. Councilor Griffiths made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion was approved 7 -0. Mayor Brainard addressed the Council. There was no Council discussion. Councilor Rider made a motion to approve Ordinance D- 2022 -10. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2022 -10 was adopted 7 -0. Council President Sharp addressed the Council. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 7:05 p.m. Respectfully submitted, Clerk Treasurer Diana L. Cordray, 4 1 1 1 ATTEST: 11/15/10CC Meeting Minutes Diana L. Cordray, IAMC, Clerk- j-asurer Approved, 5