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HomeMy WebLinkAboutCCM-09-03-02 Special Meeting Ckyof Carmel COMMON COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 3, 2002 -7:00 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 APPROVAL OF MINUTES a. August 12, 2002 - Special Meeting b. August 19, 2002 - 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 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 Con'anittee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 OLD BUSINESS Second Reading of Ordinance No. D-1585-02; 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 2003; Sponsor: Council President Wilson Second Reading of Ordinance No. D-1591-02; An Ordinance of the Common Council of the City of Carmel, Indiana, for Appropriations and Tax Rates for the 2003 Budgets ($46,119,881.00); Sponsor: Council President Wilson Second Reading of Ordinance No. Z-386-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the U.S. Highway 31 and 146th Street Planned Unit Development District (Clay Terrace); Sponsor: Council President Wilson Second Reading of Ordinance No. Z-389-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Carmel Clay Zoning Ordinance By Creating a New Zoning District To Be Known as the OM-MM (Old Meridian - Mixed Medical) District; Sponsor: Council President Wilson Second Reading of Ordinance No. Z-390-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Official Zoning Map for the City of Carmel and Clay Township By Rezoning an Area from Old Meridian District (OM) - Mixed Use (MU), Office (O), and Single Family (SF) to Old Meridian District (OM) - Mixed Medical (MM); Sponsor: Council President Wilson 11. PUBLIC HEARINGS First Reading of Ordinance No. Z-392-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Plum Creek Golf Course from S- 1/Residence to P-I/Parks and Recreation); Sponsor: Council President Wilson 12. NEW BUSINESS First Reading of Ordinance No. D~1590-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a Promotion Fund for the Office of the Clerk-Treasurer as Chapter 2, Article 4, Section 2-111 of the Carmel City Code; Sponsor: Councilor Battreall First Reading of Ordinance No. D-1592-02; 3a~ Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 9, Article 5, Section 9-217 to the Carmel City Code (Underground Placement of Utility Lines); Sponsor: Councilor Carter First Reading of Ordinance No. D-1593-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-56 of the Carmel City Code (Deferred Compensation Plan Approval); Sponsor: Councilor Rundle First Reading of Ordinance No. D-1594-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance and Sale of County Option Income Tax Revenue Bonds of the City of Cmmel, 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 Storage Facilities for the Street Department of the City, Including, Without Limitation, the Acquisition of Real Property Upon Which Such Facilities are to be Located, and Related Improvements, and Certain Road and Street Improvements in 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 CITY OF CARMEL COMMON COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 3, 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, Bob Battreall, Norm Rundle, Luci Snyder and Ron Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk- Treasurer Came Gallagher. Mayor Brainard called the meeting to order at 7:01 p.m. Council President Wilson pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented a Proclamation to Barry Krauss of the Indiana Tornados, A National American Football League Team based in Carmel, recognizing "Indiana Tornados Day" on September 14, 2002, in the City of Carmel. APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the August 12, 2002 Special Meeting. Councilor Koven seconded. The Minutes were approved by a vote of 6-0. (Councilor Battreall was not present for the vote.) Councilor Rundle moved to approve the Minutes of the August 19, 2002 Regular Meeting. Councilor Koven seconded. Councilor Rundle moved to amend the last paragraph of Page Three to reflect a final vote of 6-1 with, Councilor Kirby voting in the opposition. Councilor Koven seconded the motion to amend. The Minutes were approved 7-0, as amended. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Kase¥ Kauffman, Council Appointment to the Carmel/Cia? Librar? Board, provided a Quarterly Library Report to Council. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Koven commented on future plans for 146th Street. Councilor Snyder restated the need for suggestions from the community for the book program summarized by Kasey Kauffman of the Carmel/Clay Library Board. ACTION ON MAYORAL VETOES: There was none. CLAIMS: Council President Wilson asked for a motion to approve claims. Councilor Koven requested that each claim be voted on separately and moved to do so. Councilor Snyder seconded the motion. The motion to vote on each claim separately was approved by a vote of 7-0. Councilor Battreall moved to approve a claim in the amount of $8,743.40. Councilor Snyder seconded. The cla/m was defeated by a vote of 1-6. Council President Wilson and Councilors Carter, Kirby, Koven, Rundle and Snyder all voted in the opposition. __ Councilor Battreall moved to approve a claim in the amount of $495,736.13. Councilor Snyder seconded. The claim was approved 7-0. Councilor Battreall moved to approve a claim in the amount of $277,525.84. Councilor Carter seconded. The claim was approved 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 September 13, 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 regular meeting of the Committee is scheduled for September 12, 2002, at 7:00 p.m. in the Caucus Room. Councilor Snyder stated that the Economic Development Committee has not met. Future meetings of the Committee will be scheduled only as needed. Council President Wilson reported that the Finance Committee met on September 3, 2002, at which time the Committee discussed salary ordinances and the City budget for 2003. A special meeting of the Committee is scheduled for September 9, 2002, at 9:00 a.m. in the Clerk-Treasurer's Office. Councilor Carter stated that the Parks and Recreation Committee canceled its regular scheduled meeting in observance of the Labor Day holiday. The next regular meeting of the Committee is scheduled for October 7, 2002, at 6:00 p.m. in the Caucus Room. Councilor Battreall reported that the Public Safety Committee met on September 3, 2002, at which time the Committee received departmental updates. The next regular meeting of the Committee is scheduled for October 7, 2002, at 10:00 a.m. in the Caucus Room. 2 Councilor Koven stated that the Rules Committee met on its regular meeting date of August 24, 2002; however, a quorum was not present to conduct a meeting. The next regular meeting of the Committee is scheduled for September 27, 2002, at 8:00 a.m. in the Council's office. Councilor Kirby stated that the Utilities and Transportation Committee has not met. The next regular meeting of the Committee is scheduled for September 13, 2002, at 8:00 a.m. in the Caucus Room. OLD BUSINESS: Council President Wilson armounced the Second Reading of Ordinance No. D-1585-02; 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 2003. Council President Wilson presented this matter to Council. There was no discussion. Ordinance No. D-1585-02 was approved by a vote of 7-0. Council President Wilson armounced the Second Reading of Ordinance No. D-1591-02; An Ordinance of the Common Council of the City of Carmel, Indiana, for Appropriations and Tax Rates for the 2003 Budgets ($46,119,881.00). Council President Wilson presented this matter to Council. There was no discussion. Ordinance No. D-1591-02 was approved by a vote of 7-0. Council President Wilson announced the Second Reading of Ordinance No. Z-386-02; An Ordinance of the Comauon Council of the City of Carmel, Indiana, Establishing the U.S. Highway 31 and 146th Street -- Planned Unit Development District (Clay Terrace). Council President Wilson provided a summary of this matter to Council. Councilor Snyder recused herself and stepped out of the meeting room for the duration of Council discussion. All Council members stated their positions with regard to this matter. Councilor Koven moved to accept an amended Ordinance, provided by counsel for the Petitioner, Paul Reis, addressing all issues previously expressed by Council members. Councilor Rundle seconded the motion to accept the amended Ordinance. The motion was approved by a vote of 7-0. Council President Wilson then called for the question. Ordinance No. Z-386-02 was approved by a vote of 4-2, with Councilor Snyder recusing herself from this matter. Council President Wilson and Councilor Kirby voted in the opposition. Council President Wilson announced the Second Reading of Ordinance No. Z-389-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Carmel Clay Zoning Ordinance By Creating a New Zoning District To Be Known as the OM-MM (Old Meridian - Mixed Medical) District. Council President Wilson presented this matter to Council. Attorney Bob Hicks provided an overview and offered a "Commitments Attendant to Approval of Rezoning Petition" on behalf of the Petitioner. There was brief Council discussion. Ordinance No. Z-389-02 was approved by a vote of 7-0. Council President Wilson advised that a correction is necessary concerning the vote for Ordinance No. Z- 386-02 and asked that Council return to this matter. Councilor Kirby stated that Ordinance No. Z-386-02 was originally tabled from the previous meeting of Council and must be appropriately removed from the table prior to a vote on the matter. Therefore, Councilor Battreall moved to remove Ordinance No. Z-386- 02from the table. Councilor Koven seconded. The Ordinance was removed from the table by a vote of 6-O. Councilor Snyder abstained from the vote. A call for the vote on this matter once again resulted in the approval of Ordinance No. Z-386-02 by a vote of 4-2, with Councilor Snyder again recusing herself from -- this matter and Council President Wilson and Councilor Kirby voting in the opposition. 3 Council President Wilson announced the Second Reading of Ordinance No. Z-390-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Official Zoning Map for the City of Carmel and Clay Township By Rezoning an Area from Old Meridian District (OM) - Mixed Use (MU), Office (O), and Single Family (SF) to Old Meridian District (OM) - Mixed Medical (MM). Council President Wilson presented this matter to Council. There was no discussion. Ordinance No. Z-390-02 was approved by a vote of 7-0. PUBLIC HEARINGS: Council President Wilson announced the First Reading of Ordinance No. Z-392-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Plum Creek Golf Course from S-l/Residence to P-t/Parks and Recreation). Councilor Battreall moved to introduce this item into business. Councilor Snyder seconded. Council President Wilson presented this matter to Council, then opened the matter for Public Heating at 8:10 p.m. The following persons addressed Council: Jim Dittoe of 12708 Stanwich Place, President of Plum Creek Farms Homeowners Association, spoke on behalf of many residents in favor of the proposed Ordinance; Dick Stein of 12414 Meadows Parkwa¥~ addressed Council in favor of the proposed Ordinance; JeffMelin of 12667 Plum Creek Boulevard, also spoke in favor of the proposed Ordinance; John Coghlan of 12762 Plum Creek Drive, expressed favor of the proposed Ordinance; Michael Browning, Co-Owner of Plum Creek Golf Course, expressed several concerns to Council regarding the proposed Ordinance and requested that this matter be sent to Committee for further review and consideration; Dave Darb¥ of 5407 Alvamar Place~ addressed Council in favor of the proposed Ordinance; Joe Ricigliano of 5703 Wilmette Court, spoke in favor of the proposed Ordinance and expressed concern of a rumor regarding the possible sale of the golf course; Linda Fiord of 12576 Linwood Boulevard, addressed Council in favor of the proposed Ordinance; Jack Thuer of 12709 Plum Creek Boulevard, spoke in favor of the proposed Ordinance; Seeing no one else who wished to address Council, Council President Wilson closed the Public Hearing at 8:35 p.m. There was extensive Council discussion with each Councilor expressing their position on this matter. Plan Commission Attorney, John Molitor, responded to Council concerns regarding a proposed commitment from Mr. Browning to not sell the golf course. Michael Hollibaugh, Director of the Department of Community Services, also responded to questions and concerns expressed by Council. Discussion continued. Councilor Rundle moved to suspend the rules sending this matter to Committee. Councilor Koven seconded the motion. The motion to suspend the rules sending this matter to Committee was approved by a vote of 5-2. Councilors Battreall and Carter voted in the opposition. Councilor Rundle then moved to suspend the rules and allow Council to vote on this matter tonight. Councilor Koven seconded. The motion suspending the rules and allowing a vote on this matter tonight was approved by a vote of 4-3. Councilors Battreall, Carter and Kirby voted in the opposition. Council President Wilson called for a final vote. Ordinance No. Z-392-02 was approved by a vote of 7-0. 4 NEw BUS~NESS: Council President Wilson announced the First Reading of Ordinance No. D-1590-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a Promotion Fund for the Office of the Clerk- Treasurer as Chapter 2, Article 4, Section 2-111 of the Carmel City Code. Councilor Rundle moved to introduce this item into business. Councilor Koven seconded. Councilor Battreall presented this matter to Council. Clerk-Treasurer Diana Cordray provided additional details. There was no further discussion. Council President Wilson referred Ordinance No. D-1590-02 to the Finance Committee for review and consideration. Council President Wilson announced the First Reading of Ordinance No. D-1592-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 9, Article 5, Section 9-217 to the Carmel City Code (Under~:ound Placement of Utility Lines). Councilor Rundle moved to introduce this item into business. Councilor Battreall seconded. Councilor Carter presented this matter to Council. There was extensive discussion. Council President Wilson referred Ordinance No. D-1592-02 to the Annexation and Land Use Committee for further review and consideration. Council President Wilson armounced the First Reading of Ordinance No. D-1593-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-56 of the Carmel City Code (Deferred Compensation Plan Approval). Councilor Snyder moved to introduce this item into business. Councilor Battreall seconded. Councilor Rundle presented this matter to Council. Barb Lamb, Director of Human Resources, provided additional details concerning this amendment to Council. Councilor Rundle advised that presentations have been made to the Administration Committee by all deferred compensation companies under consideration; therefore, he recommended to Council that this matter not be referred to Committee. There was no further discussion. Ordinance No. D-1593-02 will return at the next meeting of Council on September 16, 2002. Council President Wilson announced the First Reading of Ordinance No. D-1594-02; An Ordinance of the Common Council of the 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 be Applied to the Costs of the Acquisition, Construction, Installation and Equipping of a Motor Vehicle Fleet Maintenance Facility and Salt Storage Facilities for the Street Dep .artment of the City, Including, Without Limitation, the Acquisition of Real Property Upon Which Such Facilities are to be Located, and Related Improvements, and Certain Road and Street Improvements in the City, Together With Costs and Expenses Incidental Thereto, Including Costs and Expenses in Connection With the Issuance of the Bonds. Councilor Snyder moved to introduce this item into business. Councilor Carter seconded. Council President Wilson presented this matter to Council. There was brief discussion. Councilor Kirby requested that an itemized list of projects with specific dollar amounts be provided with this document. There was additional discussion. Council President Wilson referred Ordinance No. D-1594-02 to the Finance Committee for further review and consideration. 5 Council President Wilson announced the First Reading of Ordinance No. D-1595-02; An Ordinance of the Common Council of the City of Cam~el, Indiana, Appropriating the Proceeds (Together With Investment Earnings Thereon) Derived From the Sale of Bonds Heretofore Authorized to be Issued and Desi~ated as "City of Carmel, Indiana, County Option Income Tax Revenue Bonds, Series 2002," for the Purpose of Financing the Costs of the Acquisition, Construction, Installation and Equipping of a Motor Vehicle Fleet Maintenance Facility and Salt Storage Facilities for the Street Department of the City, Including, Without Limitation, the Acquisition of Real Property Upon Which Such Facilities are to be Located, and Related Improvements, and Certain Road and Street Improvements in the City, Together With Costs and Expenses Incidental Thereto, Including Costs and Expenses in Connection With the Issuance of the Bonds. Councilor Snyder moved to introduce this item into business. Councilor Battreall seconded. There was Council discussion with Councilor Kirby pointing out that this additional appropriation did not provide specific dollar amounts, fund numbers, line items, etc. There was extensive discussion and concerns expressed regarding this matter. Council President Wilson advised that these issues would be addressed in Committee and referred Ordinance No. D-1595-02 to the Finance Committee for further review. Council President Wilson announced Resolution No. CC-09-03-02-02; A Resolution of the Common Council of the City of Carmel, Indiana, Supporting a Central Indiana Emergency Training Center. Councilor Carter moved to introduce this item into business. Councilor Rundle seconded. Councilors Snyder and Kirby presented this matter to Council. There was brief discussion. Resolution No. CC-09-03- 02-02 was approved by a vote of 7-0. Council President Wilson announced Resolution No. CC-09-03-02-03; 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. Councilor Rundle moved to introduce this item into business. Councilor Snyder seconded. Council President Wilson presented this matter to Council and advised that it is a companion to both Ordinance Nos. D-1594-02 and D-1595-02 and would be reviewed in Committee as well. Resolution No. CC-09-03-02-03 was referred to the Finance Committee. OTHER BUSINESS: Council President Wilson advised that a web site maintenance company has been selected and asked the Department of Law to prepare an additional appropriation to be brought to Council on September 16, 2002, for consideration. Council President Wilson stated that the Emergency 911 issue has been addressed by the County with an increase of only $.80 instead of the proposed $2.16. He asked if Council would be willing to provide a letter of support to the County. The matter was discussed at length. Council resolved not to provide a written position concerning this matter until the financial aspects have been assured. Councilor Carter then requested that Council revisit the issue of Claims and advised that with the defeat of the first claim for consideration this evening, an employee would not receive proper compensation. Therefore, he requested and moved to approve the part of the claim authorizing payment of compensation to a City employee. Councilor Battreall seconded. The approval to pay the employee compensation claim -- only was approved by a vote of 7-0. 6 ANNOUNCEMENTS: There were none. ADJOURNMENT: Mayor Brainard moved to adjourn pending the execution of documents. 10:25 p.m. The meeting was adjourned at Respectfully submitted, Clerk-Treasurer D~nS'~ L. Co~gdi'ay, IAMC ~' '~ ATTEST: Clerk-Treasu~r 151~mna L. Cordray, IAMC/__~/ Approved, ~ayor James Brainard 9/03/02 (7(? Minutes