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HomeMy WebLinkAbout05-21-2012Office of the Clerk Treasurer a. Payroll b. General Claims c. Retirement 9. COMMITTEE REPORTS City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, MAY 21, 2012 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. April 24, 2012 Special Meeting b. May 7, 2012 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. Fourth Reading of Ordinance D- 2085 -12; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Cannel City Code Chapter 6, Article 4, Section 6 -63, to Prohibit Certain Vehicles on Sidewalks and Multi -Use Paths; Sponsor: Councilor Carter. Remains in the Utilities, Transportation and Public Safety Committee (5/21/12) b. Second Reading of Ordinance D- 2089 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2 -51 (Paid Time Off/PTO) and 2 -52 Holidays) of the Cannel City Code; Sponsors: Councilors Sharp and Snyder. Sent to the Finance, Administration and Rules Committee (5/17/12) c. Second Reading of Ordinance D- 2091 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing an Amendment to a Lease Between the Carmel Redevelopment Authority and the Carmel Redevelopment Commission Modifying the Public Improvement Project Authorized Thereunder (Illinois Street Road Improvement Fund $7,400,000); Sponsor: Councilor Snyder. Sent to the Finance, Administration and Rules Committee (5/17/12) 11. PUBLIC HEARINGS a. Second Reading of Ordinance D- 2090 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation of Monies from the City of Cannel, Indiana, General Fund to be Used to Repave Roadways ($4,000,000 to the Street Department); and Restore the 2012 General Fund Budget ($417,064. 17); Sponsors: Councilors Rider, Schleif, Seidensticker, Sharp and Snyder. Sent to the Finance, Administration and Rules Committee (5/17/12) 12. NEW BUSINESS a. First Reading of Ordinance D- 2092 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement (Between the City of Carmel and the Indiana Department of Transportation Pertaining to a Landscape Maintenance Agreement); Sponsor: Councilor Rider. b. First Reading of Ordinance D- 2093 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing an Amendment to Commitments Concerning the use and Development of Real Estate (Gramercy); Sponsor: Councilor Sharp. c. First Reading of Ordinance D- 2094 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 2, Article 2, Section 2- 21(a)(2) (Carmel Cable and Telecommunication Commission); Sponsor: Councilor Seidensticker. d. First Reading of Ordinance D- 2095 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, amending Chapter 2, Article 3, Division II, Section 2 -48 (Deferred Compensation Plan) of the Carmel City Code; Sponsors: Councilors Rider, Sharp, Snyder, Carter, Schleif and Finkam. 2 05121 /12 CC Meeting Agenda e. First Reading of Ordinance D- 2096 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Making an Amendment to Ordinance D- 2071 -11 (Sewage Works Revenue Bonds of 2012 $11,200,000); Sponsor: Councilor Snyder. 13. OTHER BUSINESS City Council Appointment Carmel Cable and Telecommunication Commission (Tenn Expires 3/31/14, two year term); one appointment 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 3 1 COMMON COUNCIL MEETING MINUTES MONDAY, MAY 21, 2012 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members Carol Schleif, W. Eric Seidensticker, Sue Finkam, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk- Treasurer Diana L. Cordray and Deputy Clerk Treasurer Lois Fine. Mayor Brainard called the meeting to order at 6:00 p.m. Carmel Police Chaplain, George Davis, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve minutes from the April 24, 2012 Special Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 7 -0. Councilor Seidensticker made a motion to approve minutes from the May 7, 2012 Regular Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 7 -0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Fred Yde, representing NOAX, addressed the Council regarding road paving in West Clay. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Councilors Carter, Rider and Mayor Brainard addressed the Council regarding road paving in Carmel. Councilor Sharp addressed the Council and thanked the citizens who attended the benefit this past weekend to help defray costs for Carmel cast members to travel to Minneapolis to perform in "Andersen A Fairy Tale Life 1 1 1 ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Snyder made a motion to approve claims in the amount of $1,435,671.96. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7 -0. Clerk Treasurer Diana L. Cordray addressed the Council regarding a check that had been previously Tabled. Mayor Brainard addressed the Council. Without objection from the Council, Council President Sharp lifted from the Table a check in the amount of $8,189.05 made payable to International Investigators. Council President Sharp requested the City Attorney to provide an email to Clerk Treasurer Diana L. Cordray stipulating that there is no pending obligation. There was brief Council discussion. Councilor Rider made a motion to shred the check. Councilor Seidensticker seconded. There was no Council discussion. Without objection from the Council, the check will be voided. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had met and discussed Ordinance D- 2089 -12, Ordinance D- 2090 -12 and Ordinance D- 2091 -12. The Committee report will be given when the item appears on the Agenda. The next meeting will be held on Thursday, June 21, 2012 at 5:30 p.m. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had not met. The next meeting will be held on Tuesday, May 22, 2012 at 5:30 p.m. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Rider reported that the Utilities, Transportation and Public Safety Committee had met and discussed Ordinance D- 2085 -12. This item was referred back to the Council with proposed amendments. The Committee report will be given when the item appears on the Agenda. OLD BUSINESS Council President Sharp announced the Fourth Reading of Ordinance D- 2085 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 6, Article 4, Section 6 -63, to Prohibit Certain Vehicles on Sidewalks and Multi -Use Paths. Councilor Rider presented the Utilities, Transportation and Public Safety Committee report to the Council and made a motion to present Ordinance D- 2085 -12, As Amended, to the Council for discussion and consideration. Councilor Carter seconded. Councilor Rider made a motion to amend the amendment to Ordinance D- 2085 -12. Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend the amendment to Ordinance D- 2085 -12, 5/18/12 12:24 p.m. was approved 7 -0. Councilor Carter made a motion to approve Ordinance D- 2085 -12 As Amended. Councilor Rider seconded. There was brief Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2085 -12 was approved 7 -0. There was brief Council discussion. Councilor Seidensticker referred to City Attorney, Doug Haney, to address the Council. Councilor Seidensticker made a motion to amend Ordinance D- 2085 -12 As Amended. On line 75; strike 15 years of age, and insert the legal age stipulated by the State of Indiana. Councilor Carter second. There was brief Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2085 -12 As 2 Amended was approved 6 -1 (Councilor Rider opposed). Councilor Seidensticker made a motion to approve D- 2085 -12 As Amended. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2085 -12, As Amended was adopted 7 -0. Council President Sharp announced the Second Reading of Ordinance D- 2089 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2 -51 (Paid Time Off /PTO) and 2 -52 (Holidays) of the Carmel City Code. Councilor Snyder presented the Finance, Administration and Rules Committee report to the Council. This item was referred back to the Council with a 4 -0 unfavorable recommendation. Councilor Seidensticker made a motion to approve Ordinance D- 2089 -12. Councilor Snyder seconded. There was brief Council discussion. Council President Sharp called for the vote. Ordinance D- 2089 -12 Failed 0 -7. Council President Sharp announced the Second Reading of Ordinance D- 2091 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing an Amendment to a Lease Between the Carmel Redevelopment Authority and the Carmel Redevelopment Commission Modifying the Public Improvement Project Authorized Thereunder (Illinois Street Road Improvement Fund $7,400,000). Council President Sharp laid this item on the Table. PUBLIC HEARINGS Council President Sharp announced the Second Reading of Ordinance D- 2090 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation of Monies from the City of Carmel, Indiana, General Fund to be Used to Repave Roadways ($4,000,000 to the Street Department); and Restore the 2012 General Fund Budget ($417,064.17). Councilor Snyder presented the Finance, Administration and Rules Committee report to the Council and made a motion to present Ordinance D- 2090 -12 As Amended VERSION A to the Council for discussion and consideration. Councilor Snyder referred to Dave Huffman, Street Commissioner, to address the Council. Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2090 -12 was approved 7 -0. Council President Sharp opened the Public Hearing at 6:41 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 6:41:30 p.m. Councilor Seidensticker made a motion to approve Ordinance D- 2090 -12 As Amended. Councilor Rider seconded. There was brief Council discussion. Without objection from the Council, Councilors Seidensticker and Rider withdrew their motion to approve. Councilor Schleif made a motion to amend Ordinance D- 2090 -12 As Amended. On Line 36 add; Should the President of NOAX and the Carmel Street Commissioner fail to agree on the roads that satisfy the agreement, the Mayor shall make the final decision. Councilor Rider seconded. There was brief Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2090 -12 As Amended was approved 7 -0. Councilor Seidensticker made a motion to approve Ordinance D- 2090 -12 As Amended. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2090 -12 As Amended was adopted 6 -1 (Councilor Schleif opposed). There was brief Council discussion. NEW BUSINESS Council President Sharp announced the First Reading of Ordinance D- 2092 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement (Between the City of Carmel and the Indiana Department of Transportation Pertaining to a Landscape Maintenance Agreement). Councilor Carter made a motion to move this item into business. Councilor 3 Rider seconded and presented this item to the Council. There was no Council discussion. Council President Sharp referred Ordinance D- 2092 -12 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Sharp announced the First Reading of Ordinance D- 2093 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing an Amendment to Commitments Concerning the use and Development of Real Estate (Gramercy). Councilor Seidensticker made a motion to move this item into business. Councilor Snyder seconded. Council President Sharp passed the gavel to Councilor Rider to present this item to the Council. There was no Council discussion. Councilor Rider referred Ordinance D- 2093 -12 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Sharp reclaimed the gavel from Councilor Rider. Council President Sharp announced the First Reading of Ordinance D- 2094 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 2, Article 2, Section 2- 21(a)(2) (Carmel Cable and Telecommunication Commission). Councilor Seidensticker made a motion to move this item into business. Councilor Snyder seconded. Councilor Seidensticker presented this item to the Council and made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. The motion was approved 6 -1 (Councilor Carter opposed). Councilor Seidensticker made a motion to approve Ordinance D- 2094 -12. Councilor Snyder seconded. There was brief Council discussion. Council President Sharp called for the vote. Ordinance D- 2094 -12 was adopted 7 -0. Council President Sharp announced the First Reading of Ordinance D- 2095 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, amending Chapter 2, Article 3, Division II, Section 2 -48 (Deferred Compensation Plan) of the Carmel City Code. Councilor Seidensticker made a motion to move this item into business. Councilor Snyder seconded and presented this item to the Council. Councilor Snyder referred to Barb Lamb, Director of Human Resources, to address the Council. Clerk- Treasurer Diana L. Cordray addressed the Council. Council President Sharp referred Ordinance D- 2095 -12 to the Finance, Administration and Rules Committee for further review and consideration. Council President Sharp announced the First Reading of Ordinance D- 2096 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Making an Amendment to Ordinance D- 2071 -11 (Sewage Works Revenue Bonds of 2012 $11,200,000). Councilor Snyder made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Snyder presented this item to the Council and referred to Anneliese Williams, Barnes and Thornburg, to address the Council. Councilor Seidensticker 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. Councilor Seidensticker made a motion to approve Ordinance D- 2096 -12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2096 -12 was adopted 7 -0. OTHER BUSINESS City Council Appointment Carmel Cable and Telecommunication Commission (Term Expires 3/31/14, two year term); one appointment. This item remains Tabled. 4 1 ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 7:12 p.m. Respectfully submitted, ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer 05/21/12 CC Meeting Minutes Clerk- Treasurer Diana L. Cordray Approved, J es Brainard, Mayor