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HomeMy WebLinkAboutCCM-03-18-02 Ckyof Carmel COMMON COUNCIL MEETING AGENDA MONDAY, MARCH 18, 2002 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 6. 7. 8. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. March 4, 2002 - Regular Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS · " Payroll * General Claims · Retirement COMMITTEE REPORTS Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks and Recreation Committee Public Safety Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. OLD BUSINESS a. Second Reading of Ordinance No. D-1559-02; An Ordinance of the Common Council of the City of Carm¢l, Indiana, Providing for an Additional Appropriation of Funds from the General Fund Operating Balance ($274,000.00 - Department of Law); Sponsor: Council President Wilson and Councilors Kirby and Rundle b. Second Readin~ of Ordinance No. Z-370-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Required Right-of-Way Dedication for Subdivisions to Conform to the Thoroughfare Plan; and to Amend the Sidewalk Ordinance to Conform to the Alternative Transportation Plan Aspect of the Thoroughfare Plan; Sponsor: Council President Wilson 11. PUBLIC HEARINGS a. First Readin~ of Ordinance No. Z-369-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Requiring Compliance with the Carmel/Clay Thoroughfare Plan; Defining Automobile Sales and Motor Vehicle; Amending the Definitions of Home Occupation, Setback and Front Yard; Repealing the Definition of Service Station; Amending Rcqnircments Relating to Accessory Uses and Buildings; Establishing Architectural Design, Exterior Lighting, Landscaping & Signage (ADLS) Requirements in all Business Districts; Amending the B-3/Business District to Require Development Plan and ADLS Approval Through the Plan Commission; Amending Provisions of the State Road 431/Keystone Avenue Overlay Zone District; Amending Provisions of the Sign Ordinance Relating to Vehicle Signs; and Addressing Conflicting Standards within thc Zoning Ordinance; Sponsor: Council President Wilson b. First Reading of Ordinance No. Z-372-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions of Chapter 20E: C-I/City Center District of the Carmel/Clay Zoning Ordinance; Sponsor: Council President Wilson c. First Reading of Ordinance No. Z-373-02; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Certain Provisions of Chapter 20F: C-2/Old Town District of the Carmel/Clay Zoning Ordinance; Sponsor: Council President Wilson d. First Reading of Ordinance No. Z-374-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 23D: Old Town District Overlay Zone of the Carmel/Clay Zoning Ordinance; Sponsor: Council President Wilson e. First Reading of Ordinance No. Z-375-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 23E: Home Place District Overlay Zone of the Carmel/Clay Zoning Ordinance; Sponsor: Council President Wilson f. First Reading of Ordinance No. Z-376-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning the Lumberyard Mall from the I-l/Industrial Classification to the C-2/Old Town District Classification; Sponsor: Council President Wilson 12. NEW BUSINESS a. First Reading of Ordinance No. D-1554-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Purchase Agreement By and Between thc City of Carmel, Indiana, and Hamilton Western Utilities, Inc.; Sponsor: Councilor Snyder b. First Reading of Ordinance No. D-1557-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division II, Section 6-88 of the Carmel City Code; Sponsor: Councilor Carter c. First Reading of Ordinance No. D~1562-02; An Ordinance of the Common Council of thc City of Carmel, Indiana, Authorizing the Issuance and Sale of County Option Income Tax Revenue Bonds of the City of Carmel, Indiana, to Procure Funds to bc Applied to the Costs of the Acquisition, Construction, Installation and Equipping of a Motor Vehicle Fleet Maintenance Facility and Salt Barns for the Street Department of the City and Road and Intersection Improvements Within the City, Together with Costs and Expenses Incidental Thereto, Including Costs and Expenses in Connection with the Issuance of the Bonds; Sponsor: Council President Wilson d. First Reading of Ordinance No. D-1563-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Appropriating the Proceeds (Together with Investment Earnings Thereon) Derived From the Sale of Bonds Heretofore Authorized to Be Issued and Designated as "City of Carmel, Indiana, County Option Income Tax Revenue Bonds of 2002" for the Purpose of Financing the Costs of the Acquisition, Construction, Installation and Equipping of a Motor Vehicle Fleet Department of the City and Road and Intersection Improvements Within the City, Together with Costs and Expenses Incidental Thereto, Including Costs and Expenses in Connection with the Issuance of the Bonds; Sponsor: Council President Wilson e. Resolution No. CC-03-18-02-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving an Amendment to the Carmel/Clay Comprehensive Plan Regarding the Home Place District; Sponsor: Council President Wilson f. Resolution No. CC-03-18-02-02; A Resolution of the Common Council of the City of Carmel, Indiana, Appointing Council Attorney; Sponsor: Council President Wilson g. Resolution No. CC-03-18-02-03; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing Its Intent to Reimburse Certain Preliminary Costs From the Proceeds of Bonds ($8,800,000.00); Sponsor: Council President Wilson h. Resolution No. CC-03-18-02-04; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing on Behalf of the City of Carmel, Indiana, Department of Redevelopment, Its Intent to Reimburse Certain Preliminary Costs From the Proceeds of Bonds ($7,000,000.00); Sponsor: Council President Wilson 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, MARCH 18, 2002 - 7:00 P.M. COUNCIL CHAMBERS / CiTY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Wayne Wilson; Council Members Kevin Kirby, John Koven, Norm Rundle, Luci Snyder and Ron Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher. Councilor Bob Battreall was absent. Mayor Brainard called the meeting to order at 7:01 p.m. Council President Wilson pronounced the Invocation. Mayo~ 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 March 4, 2002 Regular Meeting. Councilor Snyder seconded. Councilor Koven moved to amend Line One of Paragraph Four on Page Four to read ".. · . Councilor Carter..." and Council President Wilson moved to amend Line One of Paragraph Six of Page Two to read ".... met on February 21, 2002, . . .". Councilor Rundle seconded the motions to amend. The amendments were approved 6-0. The Minutes of March 4, 2002 were approved, as amended, 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Snyder updated the community on the annexation process and efforts being made in our government on behalf of the City of Carmel with Senate Bill 193. Clerk-Treasurer Cordray commented on a misquote by Councilor Kirby published in a report on a Carmel Council meeting in The Daily Ledger with regard to her mention and advised of the Ledger's error and correction of such misquote in the March 6th edition of the publication, a copy of which is made an attachment to the original Minutes. Councilor Kirby reiterated his original statement and affirmed the misquote as Clerk-Treasurer Cordray stated. Mayor Brainard stated that the City of Carmel and City of Indianapolis have reached an agreement with regard to the sale of Indianapolis Water Company. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $566,983.74 and $587,159.96. Rundle seconded. Claims were approved 6-0. Councilor COMMITTEE REPORTS: Councilor Rundle stated that the Administration Committee has not met. The next regular meeting of the Administration Committee is scheduled for April 12, 2002, at 8:00 a.m. in the Caucus Room. Councilor Wilson stated that the Annexation and Land Use Committee has not met. The next meeting of the Committee is scheduled for March 21, 2002, at 7:00 p.m. in the Caucus Room. Councilor Snyder stated that the Economic Development Committee meeting was canceled and rescheduled for March 25, 2002, at 4:00 p.m. in the Caucus Room. Council President Wilson stated that the Finance Committee has not met. The next regular meeting of the Committee is scheduled for March 21, 2002, at 4:00 p.m. in the Clerk-Treasurer's Office. Councilor Carter reported that the Parks and Recreation Committee met on March 11, 2002, at which time they discussed Central Park site plans. The next regular meeting of the Committee is scheduled for April 1, 2002, at 6:00 p.m. in the Caucus Room. Council President Wilson stated on behalf of Committee Chairperson, Councilor Battreall, that the Public Safety Committee has not met. The next regular meeting of the Committee, scheduled for April 1, 2002, will be canceled. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee, scheduled for March 22, 2002, is canceled. Councilor Kirby stated that the Utilities and Transportation Committee has not met. The next regular meeting of the Committee is scheduled for April 12, 2002, at 8:00 a.m. in the Caucus Room. OLD BUSINESS: Council President Wilson announced the Second Reading of Ordinance No. D-1559-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds from the General Fund Operating Balance ($274,000.00 - Department of Law). There was brief Council discussion, in which Councilor Rundle stated that he did not believe the Finance Committee had discussed this matter in order for it to return to t~e Agenda. At that time, Council President Wilson recalled that the Committee had met in a Special Meeting on March 7, 2002, in order to discuss this matter and provided a favorable recommendation to the Council for its passage. Councilor Koven restated the purpose of this Ordinance and explained his justification for his vote. Councilor Carter did the same. Extensive Council discussion continued wherein Councilor Rundle asked Douglas Haney, City Attorney, to explain the settlement of this matter and the basis of the amount for appropriation. Mr. Haney complied and recommended that Council approve the Resolution as directed. Mayor Brainard conveyed another possible option to Council. There was continued discussion and a call for the vote. Ordinance No. D- 1559-02 was approved by a vote of 4-2. Councilor Carter and Koven voted in the opposition. Council President Wilson announced the Second Reading of Ordinance No. Z-370-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Required Right-of-Way Dedication for Subdivisions to Conform to the Thoroughfare Plan; and to Amend the Sidewalk Ordinance to Conform to the Alternative Transportation Plan Aspect of the Thoroughfare Plan. Councilor Kirby advised the Council that this item returns to Council from the Utilities and Transportation Committee with no recommendation. There was brief discussion. Ordinance No. Z-370-02 was approved 6-0. PUBLIC HEARINGS: Council President Wilson announced the First Reading of Ordinance No. Z-369-02~ An Ordinance of the Common Council of the City of Carmel, Indiana, Requiring Compliance with the Carmel/Clay Thoroughfare Plan; Defining Automobile Sales and Motor Vehicle; Amending the Definitions of Home Occupation, Setback and Front Yard; Repealing the Definition of Service Station; Amending Requirements Relating to Accessory Uses and Buildings; Establishing Architectural Design, Exterior Lighting, Landscaping & Signage (ADLS) Requirements in all Business Districts; Amending the B- 3/Business District to Require Development Plan and ADLS Approval Through the Plan Commission; Amending Provisions of the State Road 431/Keystone Avenue Overlay Zone District; Amending Provisions of the Sign Ordinance Relating to Vehicle Signs; and Addressing Conflicting Standards within the Zoning Ordinance. Councilor Kirby moved to introduce Agenda Items lla through llfinto business. Councilor Snyder seconded. Jon Dobosiewicz of the Department of Community Services presented an -- overview of this matter. Council President Wilson opened the Pubic Hearing at 7:55 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 7:55 p.m. There was Council discussion. Councilor Carter moved to suspend the rules sending this matter to Committee. There ~vas no second to the motion; therefore, Council President Wilson referred Ordinance No. Z-369-02 to the Annexation and Land Use Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. Z-372-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions of Chapter 20E: C-l/City Center District of the Carmel/Clay Zoning Ordinance. This item was introduced into business together with Item lla and Councilor Snyder seconded that motion. Jon Dobosiewicz of the Department of Community Services presented an overview of this matter together with Items 1 lc, 1 ld, 1 le and 1 if to Council. Council President Wilson opened the Pubic Hearing at 8:02 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 8:02 p.m. There was no Council discussion. Council President Wilson referred Ordinance No. Z-372-02 to the Annexation and Land Use Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. Z-373-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions of Chapter 20F: C-2/Old Town District of the Carmel/Clay Zoning Ordinance. This item ~vas introduced into business together with Item lla and Councilor Snyder seconded that motion. Jon Dobosiewicz of the Department of Community Services provided an overview of this matter upon his presentation of Agenda Item 1 lb. Council President Wilson opened the Pubic Heating at 8:03 p.m. Seeing no one who wished to speak, the Public Heating was closed at 8:03 p.m. There was no Council discussion. Council President Wilson -- referred Ordinance No. Z-373-02 to the Annexation and Land Use Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. Z-374-021 An Ordinance of the -- Common Council of the City of Carmel, Indiana, Adopting Chapter 23D: Old Town District Overlay Zone of the Carmel/Clay Zoning Ordinance. This item was introduced into business together with Item 1 la and Councilor Snyder seconded that motion. Jori Dobosiewicz of the Department of Community Services provided an overview of this matter upon his presentation of Agenda Item 1 lb. Council President Wilson opened the matter for Pubic Hearing at 8:04 p.m. The following person spoke with regard to this matter: Amy Harding of 641 1st Avenue NW addressed Council in favor of Ordinance No. Z-374-02; Seeing no one else who wished to speak, the Public Hearing was closed at 8:05 p.m. There was no Council discussion. Council President Wilson referred Ordinance No. Z-374-02 to the Annexation and Land Use Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. Z-375-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 23E: Home Place District Overlay Zone of the Carmel/Clay Zoning Ordinance. This item was introduced into business together with Item l la and Councilor Snyder seconded that motion. Jun Dobosiewicz of the Department of Community Services provided an overview of this matter upon his presentation of Agenda Item 1 lb. Council President Wilson opened the Pubic Hearing at 8:12 p.m. Seeing no one who wished to speak, the Public Heating was closed at 8:12 p.m. There was no Council discussion. Council President Wilson advised that this matter was inadvertently opened for Public Hearing out of sequence of the presentation, thus the time delay for the Public Hearing. Ordinance No. Z-375-02 was referred to the Annexation and Land Use Committee for further review and consideration. Council President Wilson armounced the First Reading of Ordinance No. Z-376-02: An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning the Lumberyard Mall from the I-1/Industtial Classification to the C-2/Old Town District Classification. This item was introduced into business together with Item lla and Councilor Snyder seconded that motion. Jon Dobosiewicz of the Department of Community Services provided an overview of this matter upon his presentation of Agenda Item 1 lb. Council President Wilson opened the Pubic Hearing at 8:10 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 8:10 p.m. There was no Council discussion. Council President Wilson referred Ordinance No. Z-373-02 to the Annexation and Land Use Committee for further review and consideration. NEW BUSINESS: Council President Wilson announced the First Reading of Ordinance No. D-1554-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Purchase Agreement By and Between the City of Carmel, Indiana, and Hamilton Western Utilities, Inc. Councilor Snyder moved to introduce this item into business. Councilor Kirby seconded. Councilor Snyder presented this matter to Council. There was brief discussion. John Duffy, Director of the Department of Utilities responded to Council questions. Council President Wilson referred Ordinance No. D-1554-02 to the Utilities and Transportation Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. D-1557-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division II, Section 6-88 of the Carmel City Code (Weed and Vegetation). Councilor Snyder moved to introduce this item into business. Councilor Carter seconded. Councilor Carter presented this matter to Councilor. Michael Hollibaugh, Director of the Department of Community Services provided additional details and affirmed that the Department of Community Services will assume the full responsibility and enforcement of this -- Ordinance upon its approval and passage by the Council. There was Council discussion. Council President Wilson referred Ordinance No. D-1557-02 to the Public Safety Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. D-1562-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Author/zing the Issuance and Sale of County Option Income Tax Revenue Bonds of the City of Carmel, Indiana, to Procure Funds to be Applied to the Costs of the Acquisition, Construction, Installation and Equipping of a Motor Vehicle Fleet Maintenance Facility and Salt Barns for the Street Department of the City and Road and Intersection Improvements Within the City, Together with Costs and Expenses Incidental Thereto, Including Costs and Expenses in Connection with the Issuance of the Bonds. Councilor Rundle moved to introduce this item into business. There was no second to the motion. The Ordinance dies. Council President Wilson announced the First Reading of Ordinance No. D-1563-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Appropriating the Proceeds (Together with Investment Earnings Thereon) Derived From the Sale of Bonds Heretofore Authorized to Be Issued and Designated as "City of Carmel, Indiana, County Option Income Tax Revenue Bonds of 2002" for the Purpose of Financing the Costs of the Acquisition, Construction, Installation and Equipping of a Motor Vehicle Fleet Department of the City and Road and Intersection Improvements Within the City, Together with Costs and Expenses Incidental Thereto, Including Costs and Expenses in Connection with the Issuance of the Bonds. Councilor Rundle moved to introduce this item into business. There was no second to the motion. The Ordinance dies. -- Council President Wilson announced Resolution No. CC-03-18-02-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving an Amendment to the Carmel/Clay Comprehensive Plan Regarding the Home Place District. Councilor Kirby moved to introduce this item into business. Councilor Snyder seconded. Jon Dobosiewicz of the Department of Community Services presented this matter to Council. There was no discussion. Council President Wilson referred Resolution No. CC-03-18- 02-01 to the Annexation and Land Use Committee for additional review and consideration. Council President Wilson announced Resolution No. CC-03-18-02-02; A Resolution of the Common Council of the City of Carmel, Indiana, Appointing Council Attorney. Councilor Snyder moved to introduce this item into business. Councilor Kirby seconded. Councilor Snyder presented this matter to Council, stated personal concerns regarding the transition process and expressed her desire to give this matter further consideration in Committee. There was extensive Council discussion. Council President Wilson withdre~v the item from the Agenda. Council President Wilson announced Resolution No. CC-03-18-02-03; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing Its Intent to Reimburse Certain Preliminary Costs From the Proceeds of Bonds ($8,800,000.00). Council President Wilson moved to withdraw the Resolution for consideration by the Council. Councilor Kirby seconded the motion. Resolution No. CC- 03-18-02-03 was withdrawn from the Agenda. Council President Wilson announced Resolution No. CC-03-18-02-04; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing on B ehalf of the City of Carmel, Indiana, Department of Redevelopment, Its Intent to Reimburse Certain Preliminary Costs From the Proceeds of Bonds __ ($7,000,000.00). Council President Wilson moved to withdraw the Resolution for consideration by the Council. Councilor Kirby seconded the motion. Resolution No. CC-03-18-02-03 was withdrawn from the Agenda. OTHER BUSINESS: There was none. ANNOUNCEMENTS: There were none. ADJOURNMENT: Council President Wilson tamed the meeting over to the Mayor for adjournment pending the execution of documents. The meeting was adjourned at 8:43 p.m. Respectfully submitted, Approved, I~yor James Brainard ATTEST: Clerk-Treasurer Diana L. Cor~/I~C Page ,A2 'THE DAILY LEDGER, Wednesday, March 6, 2002 · During a Carmel Town CouNcil meeting Monday, coun- cil member Kevin Kirby said Clay Township Trustee Judy Hagan was "not a team player." This information was incorrect in a story on Page A3 of Tues- day's Daily Ledger.