Loading...
HomeMy WebLinkAboutCCM-11-04-02 Cityof Carmel COMMON COUNCIL MEETING AGENDA MONDAY, NOVEMBER 4, 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. October 21, 2002 - Regular Meeting 5. 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-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 b. Second Reading of Ordinance No. D-1600-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 10: Zoning and Subdivisions of the Carmel City Code to Cross-Reference the Carmel/Clay Zoning Ordinance and Zoning Map; Sponsor: Council President Wilson c. Second Reading of Ordinance No. D-1602-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning Council District Boundaries; Sponsor: Councilor Koven 11. PUBLIC HEARINGS a. First Reading of Annexation Ordinance No. C- C-217; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (Huse); Sponsor: Councilors Koven, Snyder and Wilson b. First Reading of Annexation Ordinance No. C-218; An Ordinance of the Common Council of the City of Cannel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (North Keystone Avenue); Sponsor: Councilors Koven, Snyder and Wilson c. First Reading of Annexation Ordinance No. C-219; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (146th Street and Carey Road); Sponsor: Councilors Koven, Snyder and Wilson d. First Reading of Annexation Ordinance No. C-221; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (146th Street and Gray Road); Sponsor: Councilors Koven, Snyder and Wilson e. First Reading of Annexation Ordinance No. C-222; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (East Central and 146th Street); Sponsor: Councilors Koven, Snyder and Wilson fi First Reading of Annexation Ordinance No. C-223; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (146th Street and Hazel Dell Parkway); Sponsor: Councilors Koven, Snyder and Wilson First Reading of Annexation Ordinance No. C-239; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (Prairie View); Sponsor: Councilors Koven, Snyder and Wilson First Reading of Annexation Ordinance No. C-243; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (Northeast Tier); Sponsor: Councilors Koven, Snydcr and Wilson I2. NEW a. BUSINESS First Reading of Ordinance No. D-1598-02; An Ordinance of the Common of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-101 of the Carmel City Code (Police and Fire Pension Funds - Nos. 801 and 802); Sponsor: Councilor Snyder Resolution No. CC-11-04-02-01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing and Consenting to the Transfer of the Franchise and Cable Television System From Time Warner Entertainment - Advance/Newhouse Partnership to a Wholly-Owned- Subsidiary and Management Thereof By Advance/Newhouse Partnership; Sponsor: Councilor Kirby ~ 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 4, 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 Rundlc, Luci Snydcr and Run Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher were also present. Mayor Brainard called the meeting to order at 7:02 p.m. Council President Wilson pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the October 21, 2002 Regular Meeting. Councilor Koven seconded. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: David Belford of 11232 Westminster Way addressed Council regarding the lack of video recording of the Town Hall meeting concerning the proposed Mining Ordinance. Marcus Freihofer of 11136 Bradbury P_lace requested that the Mayor and/or City Council request a copy of the Town Hall meeting video obtained by Martin Marietta and replay it on the Cable Channel for viewing by persons who were unable to attend the Town Hall meeting. Hal Espe¥ of Carmel High School addressed Council in support of Resolution No. CC-11-04-02-01 regarding cable advertising by the High School Audio-Visual Depamnent. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilors Carter, Battreall and Rundle responded to comments made by Mr. Espey concerning the proposed Cable Resolution. Councilor Snyder advised persons who addressed Council concerning the Town Hall meeting that a copy of the video obtain by Martin Marietta has been requested. She stated that if the video is obtained and has clear audio, then it will be televised on the Cable Channel. Councilor Carter congratulated the Carmel High School Girls Soccer Team on a third consecutive, undefeated record and National Championship. Councilor Koven announced a Joint Meeting of the Carmel City Council, Fishers Town Council, Noblesville City Council and Westfield Town Council to be held on Thursday, November 7, 2002 at 6:00 p.m. at Forest Park Inn. Councilor Koven also commented on the Town Hall meeting and presented an outline of events leading up to the meeting. Councilors Kirby and Carter provided additional comments. Council President Wilson read aloud a letter received from former Cannel City Communications Center Director, Jim Kinder, dated October 31, 2002, a copy of which is made an attachment to the Original Minutes of this meeting. Mayor Brainard responded to statements regarding the televising of the Town Hall meeting as well as concerns expressed persons who addressed Council. Councilor Snyder provided additional comment on this subject. ACTION ON MAYORAL VETOES: There was none. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $610.02 and $1,381,539.89. Rundle seconded. Claims were approved 7-0. Councilor COMMITTEE REPORTS: Councilor Rundle stated that the Administration Committee has not met. The next regular meeting of the Administration Committee, scheduled for November 8, 2002, at 8:00 a.m., is canceled. Councilor Wilson stated that the Annexation and Land Use Committee has not met. The next regular meeting of the Committee is scheduled for November 14, 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 stated that the Finance Committee canceled its regular meeting scheduled for this date. The next regular meeting of the Finance Committee is scheduled for December 2, 2002, at 4:00 p.m. in the Caucus Room. Councilor Carter stated that the Parks and Recreation Committee canceled its regular meeting scheduled for -- this date.. The next regular meeting o£the Committee is scheduled for December 2, 2002, at 6:00 p.m. in the Caucus Room. Councilor Battreall reported that the Public Safety Committee met on this date. General discussion was held as well as department reports provided by department heads. The next regular meeting of the Committee, scheduled for December 2, 2002, at 10:00 a.m., is canceled. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee is scheduled for November 22, 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, scheduled for November 8, 2002, at 8:00 a.m. is canceled. Council President Wilson announced a proposed Add-On item for tonight's Agenda and asked for the Council's consideration. Councilor Kirby moved to add-on Ordinance No. D-1608-02 to the Agenda. Councilor Carter seconded The motion to add-on was approved by a vote of 7-0. The Add-On item will be considered under Other Business. OLD BUSINESS: Council President Wilson announced the Second 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 Battreall presented this matter to Council. There was brief discussion as Councilor Koven questioned potential errors within the document. Councilor Kirby moved to amend the reference to "Section 2-111" to read "Section 2-112_". Councilor Carter seconded. There was Council discussion concerning the amendment. Councilor Kirby revised his motion to amend to include amending all references to "Section 2-111" to read "Section2-112_" throughout the document. Councilor Carter again seconded. The motion to amend was approved by a vote of 7-0. Ordinance No. D-1590-02 was approved, as amended, by a vote of 7-0. Council President Wilson announced the Second Reading of Ordinance No. D-1600-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 10: Zoning and Subdivisions of the Cannel City Code to Cross-Reference the Carmel/Clay Zoning Ordinance and Zoning Map. There was no discussion. Ordinance No. D-1600-02 was approved by a vote of 7- 0. Council President Wilson announced the Second Reading of Ordinance No. D-1602-02; An Ordinance of the Common Council of the City of Cannel, Indiana, Concerning Council District Boundaries. Councilor Koven presented this matter to Council and upon further review and consideration by the Rules Committee and fellow Councilors, proposed that amendments be accepted as outlined within the revised Ordinance and Revised Map, dated October 22, 2002, and moved as such. Councilor Kirby seconded. The motion to amend was approved by a vote of 7-0. Ordinance No. D-1602-02 was approved, as amended, by a vote of 7-0. 3 PUBLIC HEARINGS: Council President Wilson announced thc First Reading of Annexation Ordinance No. C-217; An Ordinance of thc Common Council of the City of Carmel, Indiana, Annexing Certain Te~tory to the City of Carmel, Indiana, Placing the Same Within the Co~poration Boundaries Thereof and Making thc Same a Part of thc City of Carmel (I-Iuse). Councilor Kirby stated that all proposed Ordinances listed under Public Hearings this evening have previously been introduced. Council President Wilson confirmed that all proposed Public Hearings items were previously introduced on June 3, 2002, so a separate motion for thc remaining items is not be necessary. Councilor Koven presented a summary of this matter to Council. Council President Wilson opened the matter for Public Hearing at 8:07 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 8:07 p.m. Ordinance No. C-217, (As Amended), will return to Council upon the expiration of 30 days. Council President Wilson announced First Reading of Annexation Ordinance No. C-218; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (North Keystone Avenue). Councilor Kovcn presented a summary of this matter to Council. Council President Wilson opened the matter for Public Hearing at 8:08 p.m. The following persons addressed Council: Margaret Hull of 2724 East 136t~ Street, spoke in opposition of the proposed annexation on behalf of herself, a niece and nephew. Ms. Hull also expressed questions concerning this matter to Councilors; Cynthia Faust of 1301 North Rangeline Road, proposed several questions and concerns to Councilors; Seeing no one else who wished to speak, the Public Hearing was closed at 8:19 p.m. All Councilors responded to questions and concerns expressed by Ms. Hull and Ms. Faust. Ordinance No. C-218~ (As Amended), will return to Council upon the expiration of 30 days. At this time, Councilor Kirby stated that all of the proposed Annexation Ordinances listed under Public Hearings on tonight's Agenda need to be amended as Exhibit B, the Legal Description, on each document has been replaced with a correct, more detailed Exhibit B. Therefore, Councilor Kirby moved to amend Annexation Ordinance Nos. C-217, C-218, C-219, C-221, C-222, C-223, C- 239 and C-243 by replacing each Exhibit B with the corrected Exhibit B (Legal Description). Councilor Snyder seconded. The motion to amend was approved by a vote of 7-O. Council President Wilson announced the First Reading of Annexation Ordinance No. C-219; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Tenitory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (146th Street and Carey Road). Councilor Koven presented a summary of this matter to Council. Council President Wilson opened the matter for Public Hearing at 8:45 p.m. The following person addressed Council: James Tra¥1or of 3555 East 146th Street, read aloud his letter in opposition of the proposed annexation, a copy of which is made an attachment to the original Minutes of this meeting; 4 Seeing no one else who wished to speak, the Public Hearing was closed at 8:52 p.m. Council responded to questions and concerns expressed by Mr. Traylor. Ordinance No. C-219, As Amended, will return to Council upon the expiration of 30 days. Council President Wilson announced the First Reading of Annexation Ordinance No. C-221; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (146th Street and Gray Road). Councilor Koven presented a summary of this matter to Council. Council President Wilson opened the matter for Public Heating at 8:55 p.m. The following persons addressed Council: Eric Clark of 14333 North Gray Road, expressed questions and concerns regarding the proposed annexation; Jeff Salsbery of 4317East 146th Street, questioned Council about how the proposed annexation may affect his landscaping business and proposed several questions concerning variance and utilities; Olive Morford (Murphy) of 14412 North Gray Road, spoke in opposition of the proposed annexation; Seeing no one else who wished to speak, the Public Hearing was closed at 8:58p.m. Council responded to questions and concerns expressed by Mr. Clark, Mr. Salsbery and Ms. Mmphy. Ordinance No. C-221, As Amended, will return to Council upon the expiration 0f30 days. Council President Wilson announced the First Reading of Annexation Ordinance No. C-222; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Cannel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (East Central and 146th Street). Councilor Koven presented a summary of this matter to Council. Council President Wilson opened the matter for Public Hearing at 9:02 p.m. The following person addressed Council: Steve Degenhardt of 5579 East 146th Street, questioned the annexation process and expressed particular concern with the increase in taxes in exchange for services; Seeing no one else who wished to speak, the Public Hearing was closed at 9:12 p.m. Council responded to questions and concerns expressed by Mr. Degenhardt. Ordinance No. C-222, As Amended, will return to Council upon the expiration of 30 days. Council President Wilson announced the First Reading of Annexation Ordinance No. C-223; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (146th Street and Hazel Dell Parkway). Councilor Koven presented a summary of this matter to Council. Council President Wilson opened the matter for Public Hearing at 9:19 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 9:19 p.m. There was no discussion. Ordinance No. C-223, As Amended, will return to Council upon the expiration of 30 days. 5 Council President Wilson announced the First Reading of Annexation Ordinance No. C-239: An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (Prairie View). Councilor Koven presented a summary of this matter to Council. Council President Wilson opened the matter for Public Hearing at 9:20 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 9:20 p.m. There was no discussion. Ordinance No. C-239, As Amended, will return to Council upon the expiration of 30 days. Council President Wilson announced the First Reading of Annexation Ordinance No. C-243; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (Northeast Tier). Councilor Koven presented a summary of this matter to Council. Council President Wilson opened the matter for Public Hearing at 9:22 p.m. The following persons addressed Council: Jeff Brisle¥ of 14558 Cherry Tree Road, spoke in opposition of the proposed annexation and expressed concerns regarding services and tax increases; Barry Smalstig of 14320 Cherry Tree Road, expressed several questions and concerns to Councilors regarding utilities and future road expansion plans; Roy Eft, representing Conner Prairie, addressed Council regarding future zoning changes and questioned the tax increase; Seeing no one else who wished to speak, the Public Hearing was closed at 9:30 p.m. All Councilors responded to questions and concerns expressed by Mr. Brisley, Mr. Smalstig and Mr. Eff. Ordinance No. C-243, As Amended, will return to Council upon the expiration of 30 days. NEW BUSINESS: Council President Wilson armounced the First Reading of Ordinance No. D-1598-02; An Ordinance of the Common of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-101 of the Carmel City Code (Police and Fire Pension Funds - Nos. 801 and 802). Councilor Snyder moved to introduce this item into business. Councilor Kirby seconded. Councilor Snyder presented this matter to Council. Clerk-Treasurer Diana Cordray provided additional comments as well as Mayor Brainard. There was Council discussion. Council President Wilson referred Ordinance No. D-1598- 0.~2 to the Finance Committee for further review and consideration. 6 Council President Wilson announced Resolution No. CC- 11-04-02-01.; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing and Consenting to the Transfer of the Franchise and Cable Television System From Time Warner Entertainment - Advance/Newhouse Partnership to a Wholly-Owned Subsidiary and Management Thereof By Advance/Newhouse Partnership. Councilor Kirby moved to introduce this item into business. Councilor Snyder seconded. Councilor Kirby presented this matter to Council and stated his recommendation to refer this matter to Committee for review and consideration upon further discussion this evening. There was Council discussion. A1 Aldrich, Director of Administrative Affairs with Time Warner Cable, addressed Council regarding the proposed name change and advised that there is a deadline of 120 days in which to determine their approval or otherwise. The deadline expires on November 20, 2002. Lou Zimmerman, General Manager for the Carmel Cable System, provided additional comment. Extensive discussion continued. Council President Wilson referred Resolution No. CC-11-04-02-01 to the Rules Committee for further review and consideration. This matter will return to the Agenda at the next meeting of Council on November 18, 2002. Councilor Battreall left the meeting at 9:52p. m. OTHER BUSINESS: Add-On: Council President Wilson announced the First Reading of Ordinance No. D~1608-02; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing the 2002 COIT Project Construction Fund and the 2002 COIT Bond Principle and Interest Fund. Councilor Snyder moved to introduce this item into business. Councilor Kirby seconded and presented this matter to Council, expressing the need to implement this Ordinance as soon as possible and, therefore, moved to suspend the rules and vote on this matter tonight. Councilor Carter seconded. The motion to suspend the rules to act on this matter tonight was approved by a vote of 6-0. Clerk-Treasurer Diana Cordray provided additional details concerning this matter. Councilor Kirby inadvertently excluded his motion to also suspend the rules sending this matter to Committee and, therefore, moved as such. Councilor Koven seconded. The motion to also suspend the rules sending this matter to Committee was approved by a vote of 6-0. Ordinance No. D-1608-02 was approved by a vote of 6-0. ANNOUNCEMENTS: There were none. 7 ADJOURNMENT: Mayor Brainard moved to adjourn pending the execution of documents. The meeting was adjourned at 10:13 p.m. Respectfully submitted, Cler~-Treasurer Di2a L. Cordra , I~MC Approved, ATTEST: Clerk-Treasurer Diana L. Cordray, 8