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HomeMy WebLinkAboutCCM-11-18-02 Ckyof Carmel COMMON COUNCIL MEETING AGENDA MONDAY, NOVEMBER 18, 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. November 18, 2002 - Regular Meeting 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 Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. OLD BUSINESS Second Reading of Ordinance No. Ordinance No. C-238, As Amended; 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 (Martin); Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Annexation Ordinance No. C-240, As Amended; 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 (Sanders); Sponsor: Councilors Koven, Snydcr and Wilson Second Reading of Annexation Ordinance No. C-241~ As Amended; 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 (106th Street); Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Annexation Ordinance No. C-244~ As Amended; 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 (Ricketts/Dehne); Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Annexation Ordinance No. C-245~ As Amended; 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 (Old Mehdian); Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Annexation Ordinance No. C-246, As Amended; 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 (Upwards); Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Annexation Ordinance No. C~247~ As Amended; 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 (Dapper); Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Annexation Ordinance No. C-248, As Amended; 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 (Donnybrook Subdivision); Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Annexation Ordinance No. C-249, As Amended; 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 (York); Sponsor: Councilors Koven, Snyder and Wilson 11. PUBLIC HEARINGS a. First Reading of Ordinance No. D-1604-02; 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 2003; Sponsor: Councilor Kirby 12. NEW a. BUSINESS Introduction of Annexation Ordinance No. C-250; 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 (Briarwood/Woodbrook Downs); Sponsor: Councilors Kovcn, Snyder and Wilson Introduction of Annexation Ordinance No. C-251; 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 (Maple Acres); Sponsor: Councilors Koven, Snyder and Wilson First Reading of Ordinance No. D-1603-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning Parks and Recreation Interlocal Agreement Dated July 26, 2002 (Codification of Agreement); Sponsor: Council President Wilson First Reading of Ordinance No. D-1605-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving an Interlocal Agreement Between the City of Carmel, Indiana, and Hamilton County, Indiana, Concerning Primrose Development, LLC; Sponsor: Council President Wilson First Reading of Ordinance No. D-1606-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Hamilton County/E911 System); Sponsor: Councilor Battreall First Reading of Ordinance No. D-1607-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 10, Article 1, Division II, Section 10-15 of, and Adding Chapter I0, Article 1, Division III, Section 10~51 to, the Carmel City Code (Agricultural District); Sponsor: Councilor Snyder First Reading of Ordinance No. D-1609-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-102 of the Carmel City Code (Gift Account Funds for Fire, Police and Park Departments); Sponsor: Councilor Carter First Reading of Ordinance No. D-1610-02; An Ordinance of the Common Council of the City of Cam~cl, Indiana, Amending Chapter 2, Article 4, Section 114(a) of the Carmel City Code (Petty Cash - Parks Department); Sponsor: Councilor Carter Resolution No. CC-11-18-02-01; A Resolution of thc Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Carmel Fire Department ($44,000.00); Sponsor: Council President Wilson Resolution No. CC-11-18-02-02; A Resolution of the Common Council of the City of Cannel, Indiana, Designating 13085 Hamilton Crossing Boulevard (Hamilton Crossing Six) as an Economic Revitalization Area; Sponsor: Councilors Snyder and Koven Resolution No. CC-11-18-02-03; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (C-250, Briarwood/Woodbrook Downs); Sponsor: Councilors Koven, Snyder and Wilson Resolution No. CC-11-18-02-04; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (C-251, Maple Acres); Sponsor: Councilors Koven, Snyder and Wilson Resolution No. CC-11-18-02-05; 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 a. Council Appointment to the Cable Advisory Committee 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 18, 2002 -- 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Wayne Wilson; Council Members Kcvin Kirby, John Koven, Norm Rundle, Luci Snydcr and Ron Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher were also present. Councilor Bob Battreall was absent. 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: There were none. APPROVAL OF MINUTES: Councilor Snyder moved to approve the Minutes of the November 18, 2002 Regular Meeting. Councilor Rundle seconded. The Minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS Tm~ COUNCIL: The following person addressed Council: Deborah Kelb of 5179 Briarwood Trail, President of the Briarwood Neighborhood Association, spoke in opposition of the proposed annexation of her neighborhood and relayed to Council that the majority (23 out of 36) of the residents of Briarwood are also opposed. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Clerk-Treasurer Cordray commented on the joint meeting between the City and the Parks Department as well as the establishment of two new Ordinances being introduced tonight concerning the Parks Department. ~layor Brainard expressed condolences to the family of long-time Carmel resident, Jim O'Neal, Sr. Councilor Rundle inquired about obtaining the Town Hall Meeting videotape, to which Councilor Snyder advised that she spoke with Mr. Ernie Reno who stated they are in the process of trying to dub audio onto the videotape. Councilor Snyder informed Council that she will make a telephone call to follow-up with Mr. Reno. Council President Wilson briefed Council on several proposed revisions to the Time Warner Cable Resolution on the agenda tonight. He also advised that he recently discovered a document from 1992, Ordinance No. D-763, establishing Access Channel Rules and Regulations and providing programming control to the City Council. Councilor Carter responded to Council President Wilson's statements. Councilor Snyder also commented on the cable Resolution and responded to Councilor Carter's comments. Mayor Brainard then responded to Councilor Snyder. Councilor Koven commented on the cable Resolution as well. ACTION ON MAYORAL VETOES: There was none. ~-CLAIMS: Councilor Snydcr moved to approve a claim in the amount of $1,405,664.36. Councilor Rundle seconded. Claims were approved 6~0. COMMITTEE REPORTS: Councilor Rundle stated that the Administration Committee has not met. The next regular meeting of the Administration Committee is scheduled for December 13, 2002, at 8:00 a.m. in the Caucus Room. Councilor Wilson reported that the Annexation and Land Use Committee met November 14, 2002, regarding present and future proposed annexations. The next regular meeting of the Committee is scheduled for December 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 stated that the Finance Committee has not met. Thc next regular meeting of the Finance Committee is scheduled for December 2, 2002, at 3:30 p.m. in the Caucus Room. Councilor Carter stated that the Parks and Recreation Committee has not met. The next regular meeting of the Parks and Recreation Committee is scheduled for December 2, 2002, at 6:00 p.m. in the Caucus Room. Council President Wilson stated on behalf of Councilor Battreall that the Public Safety Committee has not met. The next meeting of the Committee is scheduled for December 2, 2002, at 10:00 a.m. in the Caucus __Room. Councilor Koven reported that the Rules Committee held a Special Meeting on November 12, 2002, to discussed the Time Warner Cable Resolution No. CC-11-04-02-01. Thc next regular meeting of the Committee, scheduled for November 22, 2002, is canceled. 2 Councilor Kirby stated that the Utilities and Transportation Committee has not met. The next regular meeting of the Committee is scheduled for December 13, 2002, at 8:00 a.m. in the Caucus Room. OLD BUSINESS: Council President Wilson announced the Second Reading of Ordinance No. Ordinance No. C-238, As Amended; 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 (Martin). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-238, As Amended, was approved by a vote of 5-0. (Councilor Kirby stepped out of the meeting at 7:35 p.m.) Council President Wilson announced the Second Reading of Annexation Ordinance No. C-240, As Amended; 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 (Sanders). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-240, As Amended, was approved by a vote of 5-0. (Councilor Kirby was still away from the meeting.) Council President Wilson announced the Second Reading of Annexation Ordinance No. C-241, As Amended; 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 (106th Street). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-241, As Amended, was approved by a vote of 5-0. (Councilor Kirby was still away from the meeting.) Council President Wilson announced the Second Reading of Annexation Ordinance No. C-244, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Ten/tory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Cannel (Ricketts/Dehne). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-244, As Amended, was approved by a vote of 5-0. (Councilor Kirby was still away from the meeting.) Councilor Carter stepped away from the meeting at 7:40p.m. Council President Wilson announced the Second Reading of Annexation Ordinance No. C-245, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Ten/tory 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 (Old Meridian). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-245, As Amended, was approved by a vote of 4-0. (Councilors Carter and Kirby were still away from the meeting.) Councilor Carter returned to the meeting at 7:42 p.m. 3 Council President Wilson announced the Second Reading of Annexation Ordinance No. C-246, As Atnended; 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 (Upwards). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-246, As Amended, was approved by a vote of 5-0. (Councilor Kirby was still away from the meeting.) Council President Wilson announced the Second Reading of Annexation Ordinance No. C-247, As Amended; 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 (Dapper). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-247, As Amended, was approved by a vote of 5-0. (Councilor Kirby was still away from the meeting.) Council President Wilson announced the Second Reading of Annexation Ordinance No. C-248, As Amended; 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 (Donnybrook Subdivision). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-248, As Amended, was approved by a vote of 5-0. (Councilor Kirby was still away from the meeting.) Council President Wilson announced the Second Reading of Annexation Ordinance No. C-249, As Amended; 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 (York). Councilor Koven read aloud the address/description of the annexation area. There was no Council discussion. Ordinance No. C-249~ As Amended, was approved by a vote of 5-0. (Councilor Kirby was still away from the meeting.) PUBLIC ]tEARINGS: Council President Wilson advised that the First Reading of Ordinance No. D-1604-02 was placed inadvertently under Public Hearings and will be moved appropriately to New Business, Item No. 12d. NEW BUSINESS: Council President Wilson announced the Introduction of Annexation Ordinance No. C-250; 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 (Briarwood/Woodbrook Downs). Councilor Koven moved to introduce this item into business. Councilor Snyder seconded. Councilor Koven presented this matter to Council. There was no discussion. Annexation Ordinance No. C-250 will return to Council for a Public Hearing no less than 60 days from this date. 4 Council President Wilson announced the Introduction of Annexation Ordinance No. C-251; 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 (Maple Acres). Councilor Snyder moved to introduce this item into business. Councilor Koven seconded and presented this matter to Council. There was no discussion. Annexation Ordinance No. C-251 will return to Council for a Public Hearing no less than 60 days from this date. Council President Wilson announced the First Reading of Ordinance No. D-1603-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning Parks and Recreation Interlocal Agreement Dated July 26, 2002 (Codification of Agreement). Councilor Snyder moved to introduce this item into business. Councilor Rundle seconded. Council President Wilson presented this matter to Council. Councilor Snyder moved to suspend the rules sending this matter to Committee. Councilor Rundle seconded. The motion to suspend was approved by a vote of 5-0. Ordinance No. D-1603-02 will return to Council on December 2, 2002. Councilor Kirby returned to the meeting at 7:50 p.m. Council President Wilson announced the First Reading of Ordinance No. D~1604~02; 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 2003. Councilor Rundle moved to introduce this item into business. Councilor Carter seconded. There was brief Council discussion. Councilor Rundle moved to suspend the rules sending this --matter to Committee. Councilor Carter seconded. The rules were suspended by a vote of 6-0. Ordinance No. D-1604-02 will return to Council on December 2, 2002. Council President Wilson announced the First Reading of Ordinance No. D-1605-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving an Interlocal Agreement Between the City of Carmel, Indiana, and Hamilton County, Indiana, Concerning Primrose Development, LLC. Councilor Carter moved to introduce this item into business. Councilor Snyder seconded. Council President Wilson presented this matter to Council. There was no Council discussion. Council President Wilson referred Ordinance No. D-1605-02 to the Annexation and Land Use Committee for further review and consideration. Council President Wilson announced the First Reading of Ordinance No. D-1606-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Hamilton County/E911 System). Council President Wilson proposed to remove Councilor Battreall as sponsor of this item and name himself and moved to do so. Councilor Rundle seconded. There was Council discussion. Councilor Carter moved to introduce this item into business. Councilor Rundle seconded. Council President Wilson presented this matter to Council. Councilor Kirby moved to suspend the rules sending this matter to Committee. Councilor Rundle seconded. The rules sending this matter to Committee were suspended by a vote of 6-0. Councilor Carter then moved to suspend the rules and act on this matter tonight. Councilor Snyder seconded such motion. The rules were suspended by a vote of 6-0. Ordinance No. D-1606-02 was approved by a vote of 6-0. Council President Wilson announced the First Reading of Ordinance No. D-1607-02; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 10, Article 1, Division II, Section --15 of, and Adding Chapter 10, Article 1, Division III, Section 10-51 to, the Carmel City Code (Agricultural District). Councilor Snyder moved to introduce this item into business. Councilor Koven seconded. Councilor Snyder presented this matter to Council. There was no discussion. Council President Wilson referred Ordinance No. D-1607-02 for further review and consideration. 5 Council President Wilson announced the First Reading of Ordinance No. D-1609-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-102 of the Carmel City Code (Gift Account Funds for Fire, Police and Park Departments). Councilor Snyder moved to introduce this item into business. Councilor Carter seconded and presented this matter to Council. There was brief Council discussion. Council President Wilson referred Ordinance No. D-1609-02 to the Parks and Recreation Committee with an overview by the Finance Committee. Council President Wilson announced the First Reading of Ordinance No. D-1610-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 114(a) of the Cannel City Code (Petty Cash - Parks Department). Councilor Snyder moved to introduce this item into business. Councilor Carter seconded and presented this matter to Council. Clerk-Treasurer Cordray encouraged the quick passage of this matter. There was Council discussion. Councilor Snyder moved to suspend the rules sending this matter to Committee. Councilor Rundle seconded. The rules sending this matter to Committee were suspended by a vote of 6-0. Council discussion continued. Councilor Carter then moved to suspend the rules and vote on this matter tonight. Councilor Snyder seconded. The motion was approved by a vote of 6-0. Ordinance No. D-1610-02 was approved by a vote 6-0. Council President Wilson announced Resolution No. CC-11-18-02-01; A Resolution of the Common Council of the City of Cannel, Indiana, to Authorize a Transfer of Funds by the Carmel Fire Department ($44,000.00). Councilor Snyder moved to introduce this item into business. Councilor Rundle seconded. Council President Wilson presented this matter to Council. There was brief discussion. Chief Douglas ~Callahan, Cannel Fire Department, responded to questions conveyed by Councilor Rundle concerning the need for additional money. There was no further discussion. Resolution No. CC-11-18-02-01 was approved by a vote of 6-0. Council President Wilson announced Resolution No. CC-11-18-02~02; A Resolution of the Common Council of the City of Carmel, Indiana, Desiglaating 13085 Hamilton Crossing Boulevard (Hamilton Crossing Six) as an Economic Revitalization Area. Councilor Carter moved to introduce this item into business. Councilor Snyder seconded and presented this matter to Council. Larry Gigerich of GINOVUS provided additional details to Council. There was brief Council discussion. Councilor Rundle requested that in the future, Economic Development Resolutions include a map for reference in addition to the Legal Description. Resolution No. CC- 11-18-02-02 was approved by a Vote of 6-0. Council President Wilson announced Resolution No. CC-11-18-02-03; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (C-250, Briarwood/Woodbrook Downs). Councilor Koven moved to introduce this item into business. Councilor Kirby seconded. Councilor Koven presented this matter to Council. There was extensive discussion. Councilor Rundle requested that this matter be referred to the Annexation and Land Use Committee for further review due to some questions and concerns he has with the document plan and moved to do so. Councilor Carter seconded the motion to send this matter to Committee. The motion to suspend the rules were approved by a vote of 5-1. (Councilor Koven voted in the opposition.) Council discussion continued. Councilor Kirby then moved to not send this matter to Committee and asked for all corrections to the document be made timely by its preparer, Mike Shaver with Wabash Scientific. Councilor Koven seconded that motion. The motion to no._2t send this matter to --Committee was approved by a vote of 6-0. Council President Wilson stated Resolution No. CC-11-18-02- 03 that Mr. Shaver will be contacted for corrections to this document and will return to Council upon its completion. 6 Council President Wilson announced Resolution No. CC-11-18-02-04; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (C-251, Maple Acres). Councilor Koven moved to introduce this item into business. Councilor Snyder seconded. Councilor Koven presented this matter to Council. There was brief Council discussion. Council President Wilson advised that this document is subject to the same changes as referenced in Resolution No. CC-11-18-02-03 and; therefore, Resolution No. CC-11-18-02-04 will also be corrected and will return to Council upon its completion. Council President Wilson announced Resolution No. CC-11-18-02-05; 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 Snyder moved to introduce this item into business. Councilor Carter seconded. Council President Wilson presented this matter to Council. Councilor Koven provided additional details as discussed per the Special Rules Committee Meeting and moved to amend Section Two of the document by deleting subsections a and b in their entirety and inputting the following the paragraph, without reference: Advertising shall be permitted on the Educational Access Channel with the written consent of the Carmel-Clay School Board, providing that the proceeds from such advertising are used exclusively to enhance the production quality, educational experience and exposure to real-life business practices for the students participating in the Television Broadcast Education Program at Carmel High School. Councilor Snyder added that the words additional ---terms be deleted from Section Two of the document as well and included in the motion to amend. Councilor Kirby seconded the motion to amend as stated by both Councilors Koven and Snyder. Councilor Carter then moved to add back to Section Two of the document the word additional terms as well as a new subsection a, stating: TWEAN's Access Channel 18 will become a Government Access Channel. Councilor Kirby seconded the motion for an additional amendment. There was continued Council discussion. Councilor Carter moved to amend his motion to amend to change the wording of subsection a_ to read instead: TWEAN will assign a Government Access Channel to us. Councilor Kirby seconded the amendment to the motion to amend. Extensive discussion continued. A call for the question regarding Councilor Carter's motion to amend resulted in a defeated vote of 2-4. Council President Wilson and Councilors Koven, Rundle and Snyder voted in the opposition. Councilor Koven's motion to amend was approved by a vote of 6-0. Resolution No. CC-11-18-02-05 was approved, as amended, by a vote of 6-0. OTItlgR BUSINESS: Council President Wilson announced the Council Appointment to the Cable Advisory Committee. Councilor Koven moved to re-appoint John Hart. Councilor Rundle seconded. John Hart was re-appointed to the Cable Advisory Committee 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 8:57 p.m~ Respectfully submitted, Brainard ATTEST: Clerk-Treasurer Diana L. Cordra¥, IAMC /'1 11/18/02 CC Minutes