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HomeMy WebLinkAboutCCM-02-03-03 Cityof Carmel COMMON COUNCIL MEETING Office of the Clerk-Treasurer AGENDA MONDAY, FEBRUARY 3, 2003 -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. January 6, 2003 - Executive Session (1) b. January 6, 2003 - Executive Session (2) c. January 6, 2003 - Regular Meeting d. January 14, 2003 - Special Meeting (Claims) 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 Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS 11. PUBLIC HEARINGS a. First Reading of Ordinance No. D-1615-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds from the MVH Fund Operating Balance (Street Department - $33,000.00); Sponsor: Councilor Wilson b. First Reading of Ordinance No. D-1616-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Vacating a Portion of Cherry Tree Road; Sponsor: Councilor Wilson First Reading of Ordinance No. Z-402-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning the Crooked Stick Golf Course from the 2-1/Residence District Classification to the P-l/Parks & Recreation District Classification; Sponsor: Councilor Wilson 12. 13. NEW BUSINESS a. First Reading of Ordinance No. D-1617-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-34 of the Carmel City Code (School Bus Loading Zone); Sponsor: Councilor Battreall b. First Reading of Ordinance No. D-1618-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 8, Article 5, Section 8-70 to the Carmel City Code (Vehicles to be Covered); Sponsor: Councilor Koven c. First Reading of Ordinance No. D-1619-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Regulate Mining Operations Within the Corporate Boundaries of the City of Carmel; Sponsor: Councilors Carter, Rundle and Snyder d. Resolution No. CC-02-03-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, Transferring Unused and Unencumbered Funds to the Rainy Day Fund; Sponsor: Councilor Koven e. Resolution No. CC-02-03-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Setting Forth a Fiscal Policy of the Council; Sponsor: Councilor Koven OTHER BUSINESS a. Consideration of Joint Meeting Minutes for Carmel City Council, Fishers Town Council, Noblesville City Council and Westfield Town Council - November 7, 2002 b. Appointment to the Board of Zoning Appeals (1) 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, FEBRUARY 3, 2003 -- 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Luci Snyder; Council Members Kevin Kirby, John Koven, Bob Battreall, Norm Rundle, Wayne Wilson and Ron Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk- Treasurer Carrie Gallagher were also present. Mayor Brainard called the meeting to order at 7:01 p.m. Chaplain George Davis pronounced the Invocation. _ Mayor Brainard lcd the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Rundlc moved to approve the Minutes of the January 6, 2003 Executive Session at 6:00 p.m. Councilor Kovcn seconded. Council President Snydcr added that her name should be added to those listed in attendance as it was inadvertently omitted. The Minutes were approved 7-0. Councilor Rundle moved to approve thc Minutes of the January 6, 2003 Executive Session at 6:15 p.m. Councilor Koven seconded. The Minutes were approved 7-0. Councilor Rundle moved to approve the Minutes of thc January 6, 2003 Regular Meeting. Councilor Kovcn seconded. Thc Minutes were approved 7-0. Councilor Rundlc moved to approve the Minutes of the January 14, 2003 Special Claims Meeting. Councilor Wilson seconded. Thc Minutes were approved 5-0. Councilors Kirby and Battreall abstained since they were absent from that meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: - ~ Michelle Shaffer of 14160 Cherry Tree Road addressed Council concerning the proposed mining Ordinance No. D-1619-03. Mo Merhoff of 41 East Main Street extended an invitation to Council for Senator Richard Lugar's breakfast. Doreen Squire Ficara of 776 Hawthorne Drive requested a donation of funds for the Carmel Arts Council Historical Activity Book. Bill McEvoy of 5120 Williams Circle addressed Council in favor of the proposed mining Ordinance No. D- 1619-03. Jeff Joliet of 11158 Bradbury Place also addressed Council in favor of the proposed mining Ordinance No. D-1619-03. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS' Council President Snydcr advised thc audience that thc proposed mining Ordinance No. D-1619-03 would be referred to the Annexation and Land Use Committee for continued discussion on February 13, 2003, and invited all interested parties to attend. Council President Snyder recognized the recent passing of Frank Fleming. Council President Snyder then extended the City's appreciation to Dick Stein for his years of service on the Cannel/Clay Parks Board. He has requested that he not be re-appointed. ACTION ON MAYORAL VETOES: There was none. CLAIMS: Councilor Rundle moved to approve a claim in the amount of $1,481,994.86. Councilor Koven seconded. The claim was approved 7-0. COMMITTEE REPORTS: Councilor Carter stated that the Administration Committee has not met. Councilor Koven reported that the Annexation and Land Use Committee met on January 9, 2003, at which time the Committee continued discussions on future annexations for 2003. Council President Snyder stated that the Economic Development Committee has not met. Council President Snyder stated that the Finance Committee has not met. Councilor Rundle reported that the Parks and Recreation Committee met on February 3, 2003, at which time Phil Bennett, Director of the Parks Department provided an update on the transfer of fiscal responsibility for Parks to the City. There was also continued discussion regarding the acquisition of the Riley property. Councilor Wilson reported that the Public Safety Committee met on February 3, 2003, to discuss signage and speed limits as well as the proposed School Bus Loading Ordinance to be considered by the Council. The Committee also discussed the impact of proposed annexations on City departments. Councilor Koven stated that the Rules Committee has not met. Councilor Kirby stated that the Utilities and Transportation Committee has not met. OLD BUSINESS: There was none. PUBLIC HEARINGS: Council President Snyder announced the First Reading of Ordinance No. D-1615-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds from the MVH Fund Operating Balance (Street Department - $33,000.00). Councilor Wilson moved to introduce this item into business. Councilor Kirby seconded. Councilor Wilson presented this matter to Council. Council President Snyder opened the matter for Public Hearing at 7:43 p.m. Seeing no one who wished to speak, thc Public Hearing was closed at 7:43 p.m. There was brief Council discussion. Dave Klingensmith, Street Commissioner, responded to Council's concern regarding the urgency of the money requested. Councilor Battreall moved to suspend the rules sending this matter to Committee and to act on this matter tonight. Councilor Kirby seconded. Thc motion to suspend was approved by a vote of 7-0. Ordinance No. D-1615-03 was approved by a vote of 7-0. Council President Snyder announced thc First Reading of Ordinance No. D-1616-03; An Ordinance of thc Common Council of the City of Carmel, Indiana, Vacating a Portion of Cherry Tree Road. Councilor Wilson moved to introduce this item into business. Councilor Kirby seconded. Councilor Wilson presented this matter to Council. Jim Shinavcr of Nelson & Frankenberger, on behalf of the Petitioner, advised Council that they were prepared to make a formal presentation if they preferred. Council advised that would not bc necessary. There was brief Council discussion. Mr. Shinaver responded to Council questions concerning the area in question. Council President Snyder opened the matter for Public Hearing at 7:47 p.m. The following person addressed Council: Michellc Shaffer of 14160 Cherry Tree Road expressed an interest in obtaining more information concerning thc vacation, specifically, what changes will be made to the road; Seeing no one else who wished to speak, Council President Snyder closed the Public Hearing at 7:50 p.m. Brief Council discussion continued. Mr. Shinaver again responded to concerns and proceeded with a brief presentation of the proposed area to be vacated. Paul Rio of Platinum Properties then responded to Council questions and concerns as well. Council discussion continued. Council President Snyder then referred Ordinance No. D-1616-03 to the Annexation and Land usc Committee for further review and consideration. Council President Snyder announced the First Reading of Ordinance No. Z-402-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning the Crooked Stick Golf Course from thc 2- 1/Residence District Classification to thc P-i/Parks & Recreation District Classification. Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Wilson presented this matter to Council and advised that the referral of this Ordinance to Committee is not recommended as it has been the subject of Committee discussions in the past. Council Snyder opened thc matter for Public Hearing at 8:03 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 8:03 p.m. There was brief Council discussion. Councilor Rundle moved to suspend the rules sending this matter to Committee and to act on this item tonight. Councilor Kirby seconded. The motion to suspend thc rules was approved by a vote of 5-2. Councilors Battreall and Carter voted in the opposition. Thc motion to approve Ordinance No. Z-402-03 failed by a vote of 5-2. Thc approval required a unanimous vote of the Council and Councilors Battreall and Carter voted in thc opposition. NEW BUSINESS: Council President Snyder announced the First Reading of Ordinance No. D-1617-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-34 of the Carmel City Code (School Bus Loading Zone). Councilor Kirby moved to introduce this item into business. Councilor Battreall seconded and presented this matter to Council. There was no discussion. Council President Snyder referred Ordinance No. D-1617-03 to the Public Safety Committee for further review and consideration. Council President Snyder announced the First Reading of Ordinance No. D-1618-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 8, Article 5, Section 8-70 to the Carmel City Code (Vehicles to be Covered). Councilor Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven presented this matter to Council. There was extensive Council discussion. Council President Snyder moved to suspend the rules to act on this matter tonight. Councilor Koven seconded. The motion, requiring a 2/3 majority vote, failed 4-3. Councilors Battreall, Rundle and Carter voted in the opposition. Extensive Council discussion continued. Councilor Kirby advised that the previous motion was only to act on this matter tonight, which would require a motion to first suspend the rules sending this matter to Committee. There was no such motion. Therefore, Council President Snyder referred Ordinance No. D-1618-03 to the Public Safety Committee for further review and consideration. --- Council President Snyder announced the First Reading of Ordinance No. D-1619-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Regulate Mining Operations Within the Corporate Boundaries of the City of Carmel. Councilor Rundle moved to introduce this item into business. Councilor Carter seconded and presented this matter to Council. There was extensive discussion. Councilor Koven requested that Michael Hollibaugh, Director of the Department of Community Services, be removed as preparer of this document and the name of the outside firm who prepared the document for the City be put in his place. Brief discussion continued. Council President Snyder referred Ordinance No. D-1619-03 to the Annexation and Land Use Committee for further review and consideration. Council President Snyder announced Resolution No. CC-02-03-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, Transferring Unused and Unencumbered Funds to the Rainy Day Fund. Councilor Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven presented this matter to Council. There was brief discussion. Councilor Kirby moved to delete "and $100,000 of the unused and unencumbered balance of the MVH fund" from Section 1 of the document. Councilor Battreall seconded. The motion to amend was approved by a vote of 6-1. Councilor Koven voted in the opposition. Council discussion continued. Council President Snyder referred Resolution No. CC-02-03-03-01 to the Finance Committee for further review and consideration. Council President Snyder announced Resolution No. CC-02-03-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Setting Forth a Fiscal Policy of the Council. Councilor Koven moved to introduce this item into business. Councilor Carter seconded. Councilor Koven presented this matter to Council and read aloud the proposed document. There was Council discussion. Councilor Kirby proposed making this document an Ordinance due to the possibility of future codification. Councilor Koven - responded and advised of the guidelines of the Rainy Day Fund. Discussion continued. Clerk-Treasurer Diana Cordray relayed current legislation regarding the concerns expressed by Councilors Koven and Kirby. Councilor Koven requested that a couple of scrivener's errors be cleaned up . . . "Trading" should be "Training" and "emergences" should be "emergencies". Council President Snyder called for the question. Resolution No. CC-02-03-03-02 was approved by a vote of 7-0. OTHER BUSINESS: Council President Snyder presented a new Committee recently formed in order to maintain open communication in the Carmel and surrounding areas. The Joint Minutes for the November 7, 2002 Meeting, a copy of which is attached to the original Minutes of this meeting, require no formal approval but will be presented for review by Council members as well as the comanunity. Council President Snyder announced the Council Appointment to the Board of Zoning Appeals and advised that the actual re-appointment is not presently necessary. The re-affirmation of Current Council Appointment, Michael Mohr, was suggested. Council then formally re-appointed Councilor Wayne Wilson to the Plan Commission. ANNOUNCEMENTS: There were none. ADJOURNMENT: Mayor Brainard moved to adjourn pending the execution of documents. The meeting was adjourned at 8:57 p.m. Respectfully submitted, Clerk-Treasurer Diana L. Cofdr~, IAMC Approved, 1V~yor James Brainard ATTEST: Clerk-Treasurer Diana L. Cordrav, rl~MC 2/(}3;03 CC Millutes JOINT COUNCIL MEETING, CARMEL, NOBLESVILLE, FISHERS, WEST]FIELD NOVEMBER 7, 2002 Mr. John Koven of the Carmel City Council called the meeting to order pursuant to public notice. He thanked Mrs. Hurst, Noblesville Council, for helping to organize this meeting. Mrs. Hurst lead everyone in the Pledge of Allegiance. Council President Wayne Wilson gave a benediction. He asked everyone there to introduce themselves. Janet Jaros, Clerk-Treasurer of the City of Noblesville was present to keep record of the meeting as well as Sue Beesley as legal council for the City of Noblesville Council and Carmel Council. Mr. Koven stated they would not be taking input from the public. This is an organization meeting, atter this meeting they will hold a social meeting, pizza will be served. Mr. Koven had some opening remarks in which he reminisced about the county and the last 41 years he has lived here and how it has changed fi-om then to now. He stated in 1994/1995 they had a vision to create a major east/west and north/south roads through our county. Those roads included Hazel Dell fi-om 96th to 146th and the bridge over White River on 96m Street. There was an initial meeting with Planners concerning an interlocal overlay. They did not want 146th Street to be become all commercial development. They want to set a goal or action plan to open the line of communication concerning these areas. He wants to plan the next step they will take and keep the ball rolling. He doesn't want to see the ball dropped. So his question is how do they want to proceed. He would like to have one person fi-om each community make a statement. Mrs. Hurst, Noblesville Council, stated the City's major concern is the extension of 146th Street east to 1-69. Mr. Jim Snyder, Noblesville Council, stated they are sensitive to traffic flow and with the extension of 146th Street to 1-69, they have no desire to see what they have in Kokomo. North of 146th Street will develop and they will be doing Hazel Dell north in a joint venture with the County. The City will also be doing Little Chicago Road from S.R. 32 north to the reservoir. He stated Field Drive Bridge will be done and the City's portion will be completed in 2003. The State will be raising S.R. 19 to meet the bridge. Mr. Dale Snelling, Noblesville Council, stated that when the three new Council members came on they are very progressive and the Corporate Campus idea was formed. He stated when you get more subdivisions you get more congestion. The City of Noblesville is behind in making improvements but there is never enough money and the State can not help. But he feels that we are on the move now and we want to stay on the move. Mr. Scott Faultless, Fishers Council, stated they have a great boundary with Carmel, it is the river. They also have a boundary with Noblesville. He stated their issues are with 1-69. They have made great strides in improving eight intersections this year but traffic is still a problem. Mr. Snyder asked if they plan to extend 116th Street. Mr. Faultless stated the bonds were being let to do that all the way to Olio Road. They are also extending 96th Street four lanes out to Geist. Mr. Mic Mead, Westfield Council, stated they would like to develop with excellence but everyone is ahead of them. They feel 146th Street should be a transportation corridor but they are very concerned about the 146th Street, U.S. 31 intersection. They bought a water company this year and Carmel got part of it also. They want to encourage development with excellence and not let developers do the design. They don't have the level of finance that the others have but are developing ideas. They need guidance from Carmel on the U.S. 31. Mr. David