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HomeMy WebLinkAbout10-15-2012Office of the Clerk- Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, OCTOBER 15, 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 Carmel Police Chaplain George Davis. 4. APPROVAL OF MINUTES a. October 1, 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. Payroll b. General Claims c. Retirement d. Wire Transfers Month of September, 2012 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, Transpartationiatrd Pb ralli -10afity &oxm itteelihi1 -2414 1 10. OLD BUSINESS a. Tenth 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. Remains in the Utilities, Transportation and Public Safety Committee. b. Tenth Reading of Ordinance D- 2095 -12; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2 -48 (Deferred Compensation Plan) of the Cannel City Code; Sponsors: Councilors Rider, Sharp, Snyder, Carter, Schleif and Finkam. Remains in the Finance, Administration and Rules Committee. c. Eighth Reading of Ordinance D- 2098 -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 for use in the Support The Arts Fund ($1,358,000); Sponsor: Councilor Sharp. Remains in the Finance, Administration and Rules Committee . (10/18/12). d. Sixth Reading of Ordinance D- 2100 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Cannel Redevelopment Authority and the City of Carmel Redevelopment Commission to Refinance Certain Obligations ($195,000,000); Sponsors: Councilors Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. e. Second Reading of Ordinance D- 2101 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2013 Budget ($119,097,244); Sponsors: Councilors Sharp and Snyder. (Notice Published 9/10/12 and 9/17/12). f. Third Reading of Ordinance D- 2102 -12; 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 2013; Sponsors: Councilors Seidensticker, Sharp and Snyder. g. Third Reading of Ordinance D- 2103 -12; 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 2013; Sponsors: Councilors Seidensticker and Snyder. h. Third Reading of Ordinance D- 2104 -12; 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 2013; Sponsor: Councilor Sharp. i. Third Reading of Ordinance D- 2105 -12; 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 2013; Sponsors: Councilors Seidensticker, Sharp and Snyder. 2 J• Resolution CC- 10- O1- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, to Set Taxes Payable in 2013 and Authorization of Borrowing Between Funds; Sponsors: Councilors Sharp and Snyder. k. Resolution CC- 09- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. 1. Third Reading of Ordinance Z- 561 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the City of Carmel Sign Ordinance; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. 11. PUBLIC HEARINGS a. Second Reading of Ordinance D- 2110 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds ($570,000) from the Operating Balance of the General Fund; Carmel Police Department Uniformed PERF ($390, 000); Communications Center — Other Contracted Services ($180,000); Sponsors: Councilors Seidensticker and Snyder. b. First Reading of Ordinance Z- 562 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Standards and Extending the Sunset Provision of the Carmel Drive — Range Line Road Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor Rider. 12. NEW BUSINESS a. Resolution CC- 10- 15- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing an Excess Levy Appeal for 2013; Sponsor: Councilor Snyder. b. Ordinance Z- 558 -12 As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX); Sponsor: Councilor Rider — Adopted August 20, 2012 by a vote of 7 -0. The Plan Commission on September 18, 2012 voted 9 in favor and 0 opposed to forward to the Council with a DISAPPROVAL of the amendments adopted by the Council. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 10/15/12 CC Meeting Agenda 3 1 COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 15, 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 6:02 p.m. Carmel Police Chaplain George Davis pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Carmel Police Chaplain George Davis was recently recognized for his accomplishments within his organization of Police Chaplains. Chaplain Davis was notified by the International Conference of Police Chaplains that he had earned the "Master Training Level Certificate." Chaplain Rick Castle presented the award to Chaplain Davis. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve minutes from the October 1, 2012 Regular Meeting. Councilor Snyder 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: There were none. COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. ACTION ON MAYORAL VETOES: There were none. 1 e 1 CLAIMS: Councilor Seidensticker made a motion to approve claims in the amount of $2,232,465.85. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7 -0. Wire Transfers Month of September, 2012. Councilor Seidensticker made a motion to acknowledge wire transfers in the amount of $1,654,182.18. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7 -0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had met and discussed Ordinance D- 2095 -12. The committee report will be given when the item appears on the agenda. The next meeting will be held on Thursday, October 18, 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, October 23, 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- 2102 -12, Ordinance D- 2103 -12, Ordinance D- 2104 -14 and Ordinance D- 2105 -12. The committee report will be given when the items appear on the agenda. OLD BUSINESS Council President Sharp announced the Tenth 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. Remains in the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Sharp announced the Tenth 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 Snyder presented the Finance, Administration and Rules Committee report to the Council. Councilor Finkam made a motion to append Ordinance D- 2095 -12; page 2, line 47 strike subject to Common Council; line 48 strike at the beginning of the line approval; line 48 at the end of the line or more; line 49 change plans to plan; line 50 change plans to plan; strike at the end of the line after; line 51 strike proposed amendments are submitted and approved by the Council. Councilor Carter seconded. There was brief Council discussion. Councilor Rider referred to City Attorney Doug Haney for clarification. Council President Sharp called for the vote. The motion to amend Ordinance D- 2095 -12 was approved 6 -1 (Councilor Sharp opposed). Councilor Finkam made a motion to amend Ordinance D- 2095 -12 As Amended; page 4, line 142 insert after discretion and with prior approval of the Common Council. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2095 -12 As Amended was approved 7 -0. Councilor Finkam made a motion to amend Ordinance D- 2095 -12 As Amended; page 1, line 27 to create a new Section 2 by inserting The chosen advisor for the Deferred Compensation Plan of the City of Carmel shall be, and to renumber the original Section 2 to 2 Section 3. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2095 -12 As Amended was approved 7 -0. Councilor Snyder made a motion (including a hand count) to accept Promus Wealth Management Group, representing UBS, as the Deferred Compensation Plan advisor. Councilor Rider seconded. There was brief Council discussion. Council President Sharp called for the vote. The motion FAILED 5 -0 (Councilors Schleif and Seidensticker abstained). Councilor Snyder made a motion (including a hand count) to accept Financial Partners Group, representing One America, as the Deferred Compensation Plan advisor. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion was approved 4 -1 (Councilor Sharp opposed); (Councilors Schleif and Seidensticker abstained). Council President Sharp addressed the Council. No vote was taken on Ordinance D- 2095 -12 As Amended. Council President Sharp announced the Eighth Reading of Ordinance D- 2098 -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 for use in the Support The Arts Fund ($1,358,000); Sponsor: Councilor Sharp. Remains in the Finance, Administration and Rules Committee (10/18/12). This item was not discussed. Council President Sharp announced the Sixth Reading of Ordinance D- 2100 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission to Refinance Certain Obligations ($195,000,000); Sponsors: Councilors Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D- 2101 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2013 Budget ($119,097,244); Sponsors: Councilors Sharp and Snyder. (Notice Published 9/10/12 and 9/17/12). Mayor Brainard addressed the Council. Councilor Snyder made a motion to Table this item to a time certain. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to Table this item to a time certain was approved 7 -0. This item was not discussed. This item will be discussed at a Special Meeting that has been noticed for Monday, October 22, 2012 at 6:00 p.m. Council President Sharp announced the Third Reading of Ordinance D- 2102 -12; 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 2013. Councilor Rider presented the Utilities, Transportation and Public Safety Committee report to the Council. This item was referred back to the Council with a 3 -0 favorable recommendation. Councilor Rider made a motion to approve Ordinance D- 2102 -12. Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2102 -12 was adopted 7 -0. Council President Sharp announced the Third Reading of Ordinance D- 2103 -12; 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 2013. Councilor Rider presented the Utilities, Transportation and Public Safety Committee report to the Council. This item was referred back to the Council with a 3 -0 favorable recommendation. Councilor Rider made a motion to approve Ordinance D- 2103 -12. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2103 -12 was adopted 7 -0. 3 Council President Sharp announced the Third Reading of Ordinance D- 2104 -12; 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 2013. Councilor Rider presented the Utilities, Transportation and Public Safety Committee report to the Council. This item was referred back to the Council with a 3 -0 favorable recommendation. Councilor Rider made a motion to approve Ordinance D- 2104 -12. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2104 -12 was adopted 7 -0. Council President Sharp announced the Third Reading of Ordinance D- 2105 -12; 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 2013. Councilor Rider presented the Utilities, Transportation and Public Safety Committee report to the Council. This item was referred back to the Council with a 3 -0 favorable recommendation. Councilor Rider made a motion to approve Ordinance D- 2105 -12. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2105 -12 was adopted 7 -0. Council President Sharp announced Resolution CC- 10- O1- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, to Set Taxes Payable in 2013 and Authorization of Borrowing Between Funds; Sponsors: Councilors Sharp and Snyder. This item was not discussed. This item will be assigned a new number and placed on the agenda when the 2013 budget is up for adoption. Council President Sharp announced Resolution CC- 09- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Council President Sharp announced the Third Reading of Ordinance Z- 561 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the City of Carmel Sign Ordinance; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. PUBLIC HEARINGS Council President Sharp announced the Second Reading of Ordinance D- 2110 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds ($570,000) from the Operating Balance of the General Fund; Carmel Police Department Uniformed PERF ($390, 000); Communications Center — Other Contracted Services ($180,000). Councilor Seidensticker addressed the Council. Mayor Brainard addressed the Council. Council President Sharp opened the Public Hearing at 6:44 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 6:44:30 p.m. Councilor Seidensticker made a motion to approve Ordinance D- 2110 -12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2110 -12 was adopted 7 -0. Council President Sharp announced the First Reading of Ordinance Z- 562 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Standards and Extending the Sunset Provision of the Carmel Drive — Range Line Road Overlay Zone in the Carmel Zoning Ordinance. Councilor Seidensticker made a motion to move this item into business. Councilor Schleif seconded. Councilor Rider presented this item to the Council. Councilor Seidensticker referred to Adrienne Keeling, Department of Community Services, to address the Council. There was brief Council 4 1 1 1 discussion. Council President Sharp opened the Public Hearing at 6:52 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 6:52:15 p.m. 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 to suspend the rules was approved 7 -0. Councilor Rider made a motion to approve Ordinance Z- 562 -12. Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z- 562 -12 was adopted 7 -0. NEW BUSINESS Council President Sharp announced Resolution CC- 10- 15- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing an Excess Levy Appeal for 2013. Councilor Snyder made a motion to move this item into business. Councilor Rider seconded. Councilor Snyder presented this item to the Council. There was brief Council discussion. Councilor Snyder made a motion to approve Resolution CC- 10- 15- 12 -01. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. Resolution CC- 10- 15 -12 -01 was adopted 7 -0. Council President Sharp announced Ordinance Z- 558 -12 As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX); Sponsor: Councilor Rider — Adopted August 20, 2012 by a vote of 7 -0. The Plan Commission on September 18, 2012 voted 9 in favor and 0 opposed to forward to the Council with a DISAPPROVAL of the amendments adopted by the Council. Councilor Snyder made a motion to move this item into business. Councilor Rider seconded. Councilor Seidensticker made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Rider seconded. Councilor Carter referred to John Molitor, Legal Counsel for the Plan Commission, to address the Council. There was brief Council discussion. Councilors Seidensticker and Rider rescinded their motions to suspend the rules. Council President Sharp referred Ordinance Z- 558 -12 As Amended back to the Land Use, Annexation and Economic Development Committee for further review and discussion. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT ADJOURNMENT Mayor Brainard adjourned the meeting at 7:06 p.m. Respectfully submitted, Clerk:Treasurer Diana L. CordraWIAMC 5 1 1 1 ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer 10/15/12 CC Meeting Minutes Approved, A`V /James Brainard, Mayor