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HomeMy WebLinkAboutCCM-02-21-11Office of the Clerk Treasurer a. Payroll b. General Claims c. Retirement 9. COM.MIT'TE.E REPORTS City of Carmel COMMON COUNCIL MEETING AGENDA REVISION (2) MONDAY, FEBRUARY 21, 2011 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 7, 2011 Regular 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. 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- 2021 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Subsection (b) and Adding Subsection (d) to Chapter 6, Article 4, Section 6 -54 (Posting and Placement of Signs in Public Right -of -Way Prohibited) of the Cannel City Code; Sponsor: Councilor Griffiths. Remains in the Utilities, Transportation and Public Safety Committee (3/14/11). b. Second Reading of Ordinance D- 2028 -11; An Ordinance of the Common. Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8 -37(a) (Fifteen Minute Loading Zones) and Chapter 8, Article 5, Section 8 -48(d) (Limited Parking Areas) of the Carmel City Code; Sponsor: Councilor Carter. Sent to the Parks, Recreation and Arts Committee (2/16/11). c. Second Reading of Ordinance D- 2029 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 4, Section 2 -138 to the Carmel City Code, Thereby Establishing the City of Carmel "The Center For The Perfot wing Arts, Inc. Fund #500); Sponsor(s): Councilor(s) Snyder, Sharp and Seidensticker. Sent to the Finance, Administration and Rules Committee (2/17/11). d. Second Reading of Ordinance D- 2030 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Service, Rates and Charges for the Collection and Sanitary Disposal of Residential Solid Waste and Yard Waste, Including Recycling Services; Sponsor(s): Councilor(s) Sharp and Seidensticker. Remains in the Utilities, Transportation and Public Safety Committee (3/14/11). e. Second Reading of Ordinance D- 2031 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Bonds (96` Street -U.S. 421 EDA $17,580,000) Pursuant to IC 36- 7- 14 -3.5; Sponsor: Councilor Snyder. Sent to the Finance, Administration and Rules Committee (2/17/11). f. Resolution. CC- 02- 21 -11 -02 (Formerly Resolution CC- 12- 06- 10 -03); A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Contract with Carmel Professional. Firefighters Association (Local #4444); Sponsor(s): Councilor(s) Griffiths and Rider. 11. PUBLIC HEARINGS a. First Reading of Ordinance Z- 548 -11; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Ordinance Z- 500 -06 As Amended by Ordinance Z- 521 -08 and Z- 526 -09 (Park Place Planned Unit Development District); Sponsor(s): Councilor(s) Sharp and Rider. 12. NEW BUSINESS a. First Reading of Ordinance D- 2032 -11; An Ordinance of the Common Council of the City of Cannel, Indiana, Adding Chapter 3, Article 1, Division II, Section 3 -34 (Formatting of Documents Brought Before Council), to the Carmel City Code; Sponsor: Councilor Seidensticker. 2 b. First Reading of Ordinance D- 2033 -1 An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 8, Article 3, Section 8 -17 (Twenty -five m.p.h. in. Designated School Zones) of the Carmel City Code; Sponsor: Councilor Griffiths. c. First Reading of Ordinance D- 2034 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (4th. Quarter ALP Codification); Sponsor: Councilor Snyder. d. Resolution CC- 02- 21- 11 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Designating 12188B North Meridian Street, Carmel, Indiana, As an. Economic Revitalization Area (Meridian Medical Partners Two, LLC and Franciscan Alliance, Inc., F /K/A Sisters of St. Francis Health Services, Inc., Ten (10) Year Real Property Tax Abatement); Sponsor(s): Councilor(s) Carter, Rider, Sharp and Snyder. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 1 6. ADJOURNMENT 02121/11 CC Meeting Agenda Etevised 3 COMMON COUNCIL MEETING MINUTES MONDAY, FEBRUARY 21, 2011 6 :00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President W. Eric Seidensticker, Council Members Richard L. Sharp, John V. Accetturo, Joseph C. Griffiths, Luci Snyder, 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. Pastor Paul Swartz, King of Glory Lutheran Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Council President Seidensticker recognized Boy Scout Troop 132 that was in attendance. APPROVAL OF MINUTES: Councilor Griffiths made a motion to approve Minutes from the February 7, 2011 Regular Meeting. Councilor Rider seconded. There was no Council discussion. Council President Seidensticker called for the vote. Minutes were approved 7 -0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: William C. Moore, 3034 Tiffany Court, Carmel, IN., president of Waterford Home Owners Association, addressed the council opposed to Ordinance D- 2030 -i (Disposal of Residential Solid Waste and Yard Waste). Tom Robinson, 3610 Brunswick Drive, Carmel, IN., addressed the Council with concerns regarding the Energy Center. John Cadwallader, 11616 Williams Creek Drive, Carmel, IN., addressed the Council opposed to the proposed Economic Development Area on Spring Mill Road. Larry Creviston, 179 Aspen Way, Carmel, IN. addressed the Council and informed the citizens that the City of Carmel was chosen to host "ACCTFest 2013" in June 2013. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS: Councilor Sharp addressed the Council regarding Mayoral Veto's and City wide trash pick up and recycling. Councilor Sharp also congratulated the Carmel High School girls swim team on their recent 25 straight win and their 26th overall State title. 1 Councilor Accetturo addressed the Council regarding Mayoral Veto's. Councilor Griffiths addressed the Council and congratulated the Carmel High School girl's basketball team for their recent regional win over the Ben Davis Giants who previously held an 81 game winning streak. Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Council President Seidensticker addressed the Council regarding the Mayoral Veto's placed on the agenda. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Griffiths made a motion to approve claims in the amount of $2,150,068.04. Councilor Rider 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 met and discussed Ordinance D- 2029 -11 which remains in committee. They also discussed Ordinance D- 2031 -11 which was referred back to the Council with a 3 -0 favorable recommendation. This item will be discussed when it appears on the agenda. The next meeting will be held on Thursday, March 3, 2011 at 5:30 p.m. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met. The next meeting will be held on Tuesday, February 22, 2011 at 5:30 p.m. Councilor Carter reported that the Parks, Recreation and Arts Committee met and discussed Ordinance D- 2028 -11 which was referred back to the Council with a 3 -0 favorable recommendation. Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance D- 2021 -10 and Ordinance D- 2030 -11 which remain in committee and Resolution CC- 12 -06 -10 -03 which was referred back to Council with proposed amendments. The next meeting will be held on Monday, March 14, 2011 at 5:30 p.m. OLD BUSINESS Council President Seidensticker announced the Fifth Reading of Ordinance D- 2021 -10; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Subsection (b) and Adding Subsection (d) to Chapter 6, Article 4, Section 6 -54 (Posting and Placement of Signs in Public Right -of -Way Prohibited) of the Carmel City Code; Sponsor: Councilor Griffiths. Remains in the Utilities, Transportation and Public Safety Committee (3/14/11). This item was not discussed. Council President Seidensticker announced the Second Reading of Ordinance D- 2028 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, 2 1 1 1 Section 8 -37(a) (Fifteen Minute Loading Zones) and Chapter 8, Article 5, Section 8 -48(d) (Limited Parking Areas) of the Carmel City Code. Councilor Carter addressed the Council. Councilor Griffiths made a motion to approve Ordinance D- 2028 -11. Councilor Accetturo seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D- 2028 -1 was adopted 7 -0. Council President Seidensticker announced the Second Reading of Ordinance D- 2029 -11; An. Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 4, Section 2 -138 to the Carmel City Code, Thereby Establishing the City of Carmel "The Center For The Performing Arts, Inc. Fund 4500); Sponsor(s): Councilor(s) Snyder, Sharp and Seidensticker. Sent to the Finance, Administration and Rules Committee (2/17/11). This item was not discussed. Council President Seidensticker announced the Second Reading of Ordinance D- 2030 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Service, Rates and Charges for the Collection and Sanitary Disposal of Residential Solid Waste and Yard Waste, Including Recycling Services. Council President Seidensticker pulled this item from the Utilities, Transportation and Public Safety Committee and discussed proposed amendments. Councilor Griffiths made a motion to present proposed Ordinance D- 2030 -11 AS AMENDED REVISION 1 to the Council for discussion. Councilor Carter seconded. There was brief Council discussion. Council President Seidensticker called for the vote. The motion was approved 6 -1 (Councilor Accetturo opposed). Council President Seidensticker referred Ordinance D- 2030 -11 As Amended back to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Seidensticker announced the Second Reading of Ordinance D- 2031 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Bonds (96 Street -US. 421 EDA $17,580,000) Pursuant to IC 36- 7- 14 -3.5. Councilor Snyder addressed the Council and referred to Mike Howard, 694 Logan Street, Noblesville, IN., attorney representing the Hamilton County Redevelopment Commission, to address the Council. There was brief Council discussion. Mayor Brainard addressed the Council, Councilor Snyder made a motion to approve Ordinance D- 2031 -11. Councilor Rider seconded. There was brief Council discussion. Council President Seidensticker called for the vote. Ordinance D- 2031 -11 was adopted 7 -0. Council President Seidensticker announced Resolution CC- 02- 21 -11 -02 (Formerly Resolution CC- 12- 06- 10 -03); A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Contract with. Carmel Professional Firefighters Association (Local #4444). Councilor Griffiths addressed the Council and presented the Utilities, Transportation and Public Safety Committee report to the Council. Councilor Sharp made a motion to present proposed Exhibit A, Labor Agreement As Amended, to the Council for discussion and he reviewed the proposed changes. Councilor Griffiths seconded. Councilor Sharp made a motion to amend the amendment on page 3, Article 3, line 92, following (CPI -W) by inserting December to December comparison; line 97 after Union, insert and approved by the Common Council. Councilor Rider seconded. There was brief Council discussion. Mayor Brainard addressed the Council. Council President Seidensticker called for the vote. The motion to amend the amendment was approved 7 -0. Councilor Sharp made a motion to approve Exhibit A, Labor Agreement As Amended. Councilor Griffiths seconded. Council President Seidensticker called for the vote. The motion to amend Exhibit A, Labor Agreement was approved 7 -0. Councilor Griffiths made a motion to approve Exhibit A, Labor Agreement As Amended. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. The motion was approved 7 -0. Councilor Griffiths made a 3 motion to approve Resolution CC- 02- 21 -11 -02 As Amended. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Resolution CC- 02- 21 -11 -02 As Amended was adopted 7 -0. PUBLIC HEARINGS Council President Seidensticker announced the First Reading of Ordinance Z- 548 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Ordinance Z- 500 -06 As Amended by Ordinance Z- 521 -08 and Z- 526 -09 (Park Place Planned Unit Development District). Councilor Sharp made a motion to move this item into business. Councilor Carter seconded. Councilor Rider addressed the Council and referred to Dave Coots, attorney with Coots Henke Wheeler, to present this item to the Council. There was brief Council discussion. Council President Seidensticker opened the Public Hearing at 7:47 p.m. Seeing no one who wished to speak, Council President Seidensticker closed the Public Hearing at 7:47:30 p.m. Council President Seidensticker referred Ordinance Z- 548 -11 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS Council President Seidensticker announced the First Reading of Ordinance D- 2032 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 3, Article 1, Division II, Section 3 -34 (Formatting of Documents Brought Before Council), to the Carmel City Code. Councilor Griffiths made a motion to move this item into business. Councilor Sharp seconded. Council President Seidensticker passed the gavel to Councilor Snyder to present this item to the Council. Councilor Sharp made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Seidensticker seconded. There was brief Council discussion. Councilor Snyder called for the vote. The motion was approved 7 -0. Councilor Griffiths made a motion to approve Ordinance D- 2023 -11. Councilor Seidensticker seconded. There was brief Council discussion. Councilor Sharp made a motion to amend Ordinance D- 2032 -11 by inserting at the end of line 27, additionally the document shall feature line numbers in the left margin as well as the version number in the lower left hand corner of every page. Councilor Rider seconded. There was no Council discussion. Councilor Snyder called for the vote. The motion to amend Ordinance D- 2023 -11 was approved 7 -0. Councilor Sharp made a motion to approve Ordinance D- 2032 -11 As Amended. Councilor Seidensticker seconded. There was no Council discussion. Councilor Snyder called for the vote. Ordinance D- 2032 -11 As Amended was adopted 7 -0. Council President Seidensticker reclaimed the gavel from Councilor Snyder. Council President Seidensticker announced the First Reading of Ordinance D- 2033 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8 -17 (Twenty -five m.p.h. in Designated School Zones) of the Carmel City Code. Councilor Griffiths made a motion to move this item into business. Councilor Sharp seconded. Councilor Griffiths presented this item to the Council. There was brief Council discussion. Council President Seidensticker referred Ordinance D- 2033 -11 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Seidensticker announced the First Reading of Ordinance D- 2034 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (4th Quarter ALP Codification). Councilor Rider made a motion to move this item into business. Councilor Sharp seconded. Councilor Snyder presented this item to the Council. Councilor Rider made a motion to suspend the rules and not send this item to committee. 4 Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. The motion was approved. Councilor Rider made a motion to approve Ordinance D- 2034 -11. Councilor Griffiths seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D- 2034 -11 was adopted 7 -0. Council. President Seidensticker announced Resolution CC- 02- 21- 11 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Designating 12188B North Meridian Street, Carmel, Indiana, As an Economic Revitalization Area (Meridian Medical Partners Two, LLC and Franciscan Alliance, Inc., F /K /A Sisters of St. Francis Health Services, Inc., Ten (10) Year Real Property Tax Abatement). Councilor Sharp made a motion to move this item into business. Councilor Snyder seconded and presented this item to the Council. Councilor Snyder referred to Chad Sweeney, GINOVUS, 8888 Keystone Crossing, Indianapolis, IN., to address the Council. There was brief Council discussion. Mayor Brainard addressed the Council. Council President Seidensticker referred Resolution CC- 02- 21 -11 -01 to the Finance, Administration and Rules Committee for further review and consideration. OTHER BUSINESS There was none. ANNOUNCEMENTS Councilor Rider thanked all of the citizens who have volunteered at the Palladium. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 8:13 p.m. Respectfully submitted, ATTEST: Diana L. Cordray, IAMC, Clerk easurer 02/21 /11 CC Meeting Minutes 5 es Brainard, Mayor Clerk- Treasurer Diana L. Cordray, Approved, A/-- ��l