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HomeMy WebLinkAboutCCM 08-06-01City d Carmel COMMON COUNCIL MEETING AGENDA MONDAY, AUGUST 6, 2001-7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CMC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. July 16, 2001 - Regular Meeting 5. RECOGNITION OF PERSON8 WHO WISH TO ADDRE88 THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COblMENTS/OBSERVATION8 7. ACTION ON iS~AYORAL YETOES 8. CLAIMS · Payroll · General Claims · Retirement 9. COMMITTEE REPORTS a. Administration Committee b. Annexation and Land Use Committee c. Economic Development Committee d. Finance Committee e. Parks & Recreation Committee f. Public Safety Committee g. Rules Committee h. Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. OLD BUSINESS a. Second Reading of Ordinance No. Z-362; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing the College Hills Planned Unit Development District; Sponsor: Councilor Wilson 11. PUBLIC HEARINGS a. Consideration of Ordinance No. D-1513-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation and Transfer of Monies From the City User Fee Fund to the Department of Law for Cost of Administering City Deferral Program ($7,910.00 - previously enacted by Council on May 21, 2001); Sponsor: Councilor Carter b. First Reading of Ordinance No. D-1526-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving the Appropriation and Transfer of Monies From the City User Fee Fund to the Department of Law for Cost of Administering City Deferral Program ($4,235.00); Sponsor: Councilor Carter c. First Readlint of Ordinance No. D-1529-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Vacating Certain Public P, jghts-of-Way (Durham Drive and Dublin Drive); Sponsor: Councilor Wilson d. First Readinl~ of Ordinance No Z.-363; An Ordinance of the Common Council of the City of Cannel, Indiana, Rezoning District Classification (9.42 acres at the Northwest Comer of 131st Street and U.S. 31 from S-2 Residence District Classification to B-5 Business District Classification); Sponsor: Councilor Wilson e. First Reading of Ordinance No Z.-364; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (1.87 acres at the Northwest Comer of 131st Street and U.S. 31 from S-2 Residence District Classification to B-5 Business District Classification); Sponsor: Councilor Wilson NEW BUSINESS a. First Reading of Ordinance No. D-1523-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 9, Division VII, Article 4, Sections 9- 204, 9-205 and 9-209 of the Carmel City Code (Individual Connections in Developed Areas - Sewer); Sponsor: Councilor Koven b. First Readinll of Ordinance No. D-1524-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Division II, Article 2, Sections 9-38, 9-39 and 9-42 of the Carmel City Code (Individual Connections in Developed Areas - Water); Sponsor: Councilor Koven c. First Readin~ of Ordinance No. D-1528-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Division VI, Article 4, Section 2-101 of the Cannel City Code (EMS Fund); Sponsor: Councilor Battreall d. First Reading of Ordinance No. D-1533-01; An Ordinance of the Common Council of the City of Carreel, Indiana, Amending Chapter 2, Article 3, Division I, Section 2-31 of the Carreel City Code (Indemnification); Sponsor: Councilor Koven Resolution No. CC-08-06-01-01; A Resolution of the Common Council of the City City of Cannel, Indiana, Approving Payment of Construction Costs for Hazel Dell & Pennsylvania Bond Project ($143,852.38); Sponsor: Councilor Kirby Resolution No. CC-08-06-01-02; A Resolution of the Common Council of the City City of Cannel, Indiana, Approving a Transfer of Funds to the Budget of the Police Department ($10,000.00); Sponsor: Couneilor Battreall Resolution No. CC-08-06-01-03; A Resolution of the Common Council of the City City of Cannel, Indiana, Approving a Transfer of Funds by the Cannel Fire Department ($6,000.00); Sponsor: Councilor Battreall Resolution No. CC-08-06-01-04; A Resolution of the Common Council of the City City of Carmel, Indiana, Approving a Transfer of Funds by the Cannel Fire Department ($5,500.00); Sponsor: Councilor Battreall 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, AUGUST 6, 2001 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Kevin Kirby; Council Members John Koven, Bob Battreall, Norm Rundle, Luci Snyder, Ron Carter and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carde Gallagher. Mayor Brainard called the meeting to order at 7:01 p.m. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the July 16, 2001 Regular Meeting. Councilor Snyder seconded. The Minutes were approved 4-0. Councilor Koven abstained as he was absent from that meeting. Councilor Battreall and Carlet were away from the meeting at the time of the vote. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: The following persons addressed the Council in opposition to the proposed annexation of Western Clay Township: Keith Conaway of 12360 WarrenburR Way; Joe Barnette of 1027 Laurelwood; Jean Fronek of 373 Millridge Drive; and Bob Bosar of 2987 Cameo Drive; Mr. Bosar presented a Petition to the City of Cannel, a copy of which is made a part of the original Minutes of this meeting. The following person addressed the Council with respect to the questions and concerns expressed by the above-referenced persons, but with overall regard in favor of the proposed annexation of Western Clay Township: Mark Ratterman of 11257 St. Andrews Lane. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Mayor Brainard commented regarding the proposed bond issue if Annexation Ordinance No. C-207 is approved by Council. Council President Kirby commented on the annexation process. CLAIMS: Councilor Snydcr moved to approve claims in the amounts of $270,180.60, $263,881.11, $547,490.97 and $458,055.27. Councilor Rundie seconded. Claims were approvcd 7-0. COMMITTEE REPORTS: Councilor Rundle stated that the Administration Committee has not met. The next regular meeting of the Administration Committee is scheduled for August 20, 2001 at 8:30 a.m. in the Caucus Room. Councilor Wilson reported that the Annexation and Land Use Committee met on July 31, 2001, at which time there was discussion concerning Ordinance No. Z-362 for which the Committee voted unanimously in favor of its passage to the Council by 3-0. Councilor Wilson advised that the Committee began formulating a written plan concerning the proposed Annexation Ordinance No. C- 207; however, he also stated that the Committee did a preliminary vote with regard to the Committee's position for which the Committee voted unanimously in favor of a negative recommendation to the Council by 3-0. The next regular meeting of the Annexation and Land Use Committee is scheduled for August 9, 2001 at 7:00 p.m in the Caucus Room. Councilor Snyder stated that the Economic Develonment Committee has not met. The next regular meeting of the Committee is scheduled for August 20, 2001 at 6:00 p.m. in the Council's office. Council President Kirby reported that the Finance Committee met on July 27, 2001, at which time the Committee discussed the Resolution for transfer of funds to the Department of Law. The Committee was not able to make a vote on that matter and returns no recommendation to the Council with regard to the Resolution. The Finance Committee also discussed upcoming budget hearings. The next regular meeting of the Committee is scheduled for August 24, 2001, at 8:00 a.m. in the Clerk-Treasurer' s Office. Councilor Carlet stated that the Parks and Recreation Committee was canceled. The next regular meeting of the Committee is still to be determined due to the Labor Day holiday. Councilor Battreall reported that the Public Safety Committee met on July 30, 2001, at which time Fire Chief Callahan, Police Chief Fogarty, Communications Director Jim Kinder and City Engineer Kate Weese provided updates on their department's current activities. The next meeting of the Committee is scheduled for August 20, 2001 at 10:00 a.m. in the Caucus Room. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee scheduled for August 24, 2001, at 9:30 a.m. in Council's Office. Council President Kirby stated that the Utilities and Transportation Committee has not met. The next regular meeting of the Utilities and Transportation Committee is scheduled for August 10, 2001, at 8:30 a.m. in Council's Office. OLD BUSINESS: Council President Kirby announced the Second Reading of Ordinance No. Z-362; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing the College Hills Planned Unit Development District. Councilor Wilson moved to introduce this item into business. Councilor Rundie seconded. There was no Council discussion. Ordinance No. Z-362 was approved 7-0. PUBLIC HEARINGS: Council President Kirby announced the First Readin~ for Reconsideration of Ordinance No. D-1513~ 01; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving the Appropriation and Transfer of Monies From the City User Fee Fund to the Department of Law for Cost of Administering City Deferral Program ($7,910.00 - previously enacted by Council on May 21, 2001). Councilor Carter moved to introduce this item into business. Councilor Wilson seconded. Councilor Carter presented this matter to Council. Council President Kirby opened the matter for Public Hearing at 7:47 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 7:47 p.m. Ordinance No. D-1513-01 will return to the Agenda on August 20, 2001. Council President Kirby announced the First Reading of Ordinance No. D-1526-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation and Transfer of Monies From the City User Fee Fund to the Department of Law for Cost of Administering City Deferral Program ($4,235.00). Councilor Wilson moved to introduce this item into business. Councilor Carter seconded and presented the matter to Council. Council President Kirby opened the matter for Public Hearing at 7:48 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 7:48 p.m. Ordinance No. D-1526-01 will return to the Agenda on August 20, 2001. Council President Kirby announced the First Readin~ of Ordinance No. D-1529-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Vacating Certain Public Rights-of-Way (Durham Drive and Dublin Drive). Councilor Wilson moved to introduce this item into business. Councilor Carter seconded. Attomey Mike Howard presented this matter to Council. Council President Kirby opened the matter for Public Hearing at 7:58 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 7:58 p.m. There was extensive Council discussion. Council President Kirby referred Ordinance No. D-1529-01 to the Annexation and Land Use Committee. Council President Kirby announced the First Readin~ of Ordinance No. Z-363; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (9.42 acres at the Northwest Comer of 131st Street and U.S. 31 from S-2 Residence District Classification to B-5 Business District Classification). Councilor Wilson moved to introduce both Ordinance Nos. Z-363 and Z-364 into business as both matters relate to one another. Councilor Rundle seconded. Attorney Dave Coots of Coots Henke & Wheeler presented both matters to Council. Council President Kirby opened Ordinance No. Z-363 for Public Heating at 8:13 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 8:13 p.m. Council President Kirby then opened Ordinance No. Z-364 for Public Heating at 8:14 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 8:14 p.m. There was Council discussion as to both matters. Council President Kirby referred both Ordinance Nos. Z-363 and Z-364 to the Annexation and Land Use Committee for further consideration. Councilor Wilson moved to introduce the First Readin~ of Ordinance No. Z-364; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (1.87 acres at the Northwest Corner of 13 1st Street and U.S. 31 from S-2 Residence District Classification to B-5 Business District Classification) together with the above-referenced Ordinance No. Z-363. Both Ordinances were referred to the Annexation and Land Use Committee for further consideration. NEW BUSINESS: Council President Kirby announced the First Reading of Ordinance No. D-1523-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Division VII, Article 4, Sections 9-204, 9-205 and 9-209 of the Carmel City Code (Individual Connections in Developed Areas - Sewer). Councilor Wilson moved to introduce this item into business. Councilor Snyder seconded. Councilor Koven moved to also introduce the next item on the Agenda, Ordinance No. D-1524-01 into business together with Ordinance No. D-1523-01. Councilor Rundie seconded. Councilor Koven presented both matters to Council. John Duffy, Director of the Department of Utilities provided additional details to Council. There was extensive Council discussion. Council President Kirby referred both Ordinance Nos. D-1523-01 and D-1524-01 to the Utilities and Transportation Committee. Councilor Koven moved to introduce the First Reading of Ordinance No. D-1524-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Division II, Article 2, Sections 9-38, 9-39 and 9-42 of the Cannel City Code (Individual Connections in Developed Areas - Water) together with the above-referenced Ordinance No. D-1523-01. Both Ordinances were referred to the Utilities and Transportation Committee. Council President Kirby announced the First Reading of Ordinance No. D-1528-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Division VI, Article 4, Section 2-101 of the Carmel City Code (EMS Fund). Councilor Snyder moved to introduce this item into business. Councilor Wilson seconded. Councilor Battreall presented this matter to Council. There was Council discussion. Councilor Battreall moved to suspend the rules sending this matter to Committee and act on this matter tonight. Councilor Snyder seconded. There was no further discussion. The motion was approved 7-0. Ordinance No.. D-1528-01 was approved 7-0. Council President Kirby announced the First Reading of Ordinance No. D-1533-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division I, Section 2-31 of the Cannel City Code (Indemnification). Councilor Koven moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven presented this matter to Council. There was Council discussion. Council President Kirby referred Ordinance No. D-1533-01 to the Rules Committee for further consideration. Council President Kirby announced Resolution No. CC-08-06-01-01; A Resolution of the Common Council of the City of Cannel, Indiana, Apprnving Payment of Construction Costs for Hazel Dell and Pennsylvania Bond Project ($143,852.38). Councilor Rundle moved to introduce this item into business. Councilor Battreall seconded. Councilor Snyder expressed concerns with regard to the payment of subcontracting services by the contractor. There was Council discussion. Resolution No. CC-08-06-01-01 was approved 6-1. Councilor Snyder voted in opposition. Council President Kirby announced Resolution No. CC-08-06-01-02; A Resolution of the Common Council of the City of Cannel, Indiana, Approving a Transfer of Funds to the Budget of the Police Department ($10,000.00). Councilor Snyder moved to introduce this item into business. Councilor Battreall seconded and presented this matter to Council. There was Council discussion concerning the appropriateness of this Resolution as opposed to an Ordinance. Clerk-Treasurer Diana Cordray presented documentation to Council verifying the accuracy of the use of a Resolution for the transfer of funds. There was no further discussion. Resolution No. CC-08-06-01-02 was approved 7-0. Council President Kirby announced Resolution No. CC-08-06-01-03; A Resolution of the Common Council of the City of Cannel, Indiana, Approving a Transfer of Funds by the Cannel Fire Department ($6,000.00). Councilor Battreall moved to introduce this item into business. Councilor Rundie seconded. Councilor Battreall presented this matter to Council. Councilor Snyder moved to also introduce the next item on the Agenda, Resolution No. CC-08-06-01-04 into business together with Resolution No. CC-08-06-01-03. Councilor Battreall seconded. Chief Douglas Callahan presented an explanation of both transfers to Council. There was no discussion. Resolution No. CC- 08-06-01-03 was approved 7-0 and Resolution No. CC-08-06-01-04 was approved 7-0. Councilor Battreall moved to introduce Resolution No. CC-08-06-01-04; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds by the Carmel Fire Department ($5,500.00) into business together with the above-referenced Resolution No. CC-08-06- 01-03. Both Resolutions were approved 7-0. OTHER BUSINESS: There was none. ANNOUNCEMENTS: There were none. ADJOURNMENT: Council President Kirby turned the meeting over to the Mayor for adjournment pending the execution of documents. The meeting was adjourned at 8:55 p.m. Respec lly subm, it~e ,~ Clerk-Treasurer Diana L. Co ~MC APPr°~0Z~L/~,~ M ames Brainar~"