Loading...
HomeMy WebLinkAboutCCM-04-21-03 Cky of Carmel COMMON COUNCIL MEETING Office of the Clerk~Treasurer AGENDA MONDAY, APRIL 21, 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 4. APPROVAL OF MINUTES a. March 17, 2003 - Regular Meeting b. April 1, 2003 - Claims 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 Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS 11. PUBLIC HEARINGS 12. NEW BUSINESS a. First Reading of Ordinance No. C-252; An Ordinance of the Common Council of theCity 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 (Clay Township Regional Waste District Lift Station); Sponsor: Council President Snyder and Councilor Koven and Wilson b. First Reading of Ordinance No. C-253; An Ordinance of the Common Council of theCity 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 (King of Glory); Sponsor: Council President Snyder and Councilor Koven and Wilson c. First Reading of Ordinance No. C-254; An Ordinance of the Common Council of theCity 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 (Glenwood, Leising, Farley); Sponsor: Council President Snyder and Councilor Koven and Wilson d. First Reading of Ordinance No. C-255; An Ordinance of the Common Council of theCity 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 Cannel (Lakewood Gardens); Sponsor: Council President Snyder and Councilor Koven and Wilson e. First Reading of Ordinance No. C-256; An Ordinance of the Common Council of theCity 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 (Northwood Hills); Sponsor: Council President Snyder and Councilor Koven and Wilson f. First Readin~ of Ordinance No. D-1625-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 4, Article 3, Division IV, Section 4-79, of the Carmel City Code; Sponsor: Councilor Battreall g. Resolution No. CC-04-21-03-01; 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-252); Sponsor: Council President Snyder and Councilors Koven and Wilson h. Resolution No. CC-04-21-03-02; 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-253); Sponsor: Council President Snyder and Councilors Koven and Wilson Resolution No. CC-04-21-03-03; 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-254); Sponsor: Council President Snyder and Councilors Koven and Wilson Resolution No. CC-04-21-03-04; 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-255); Sponsor: Council President Snyder and Councilors Koven and Wilson Resolution No. CC-04-21-03-05; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Interlocal Agreement Concerning Rule 13; Sponsor: Councilor Wilson Resolution No. CC-04-21-03-06; 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-256); Sponsor: Council President Snyder and Councilors Koven and Wilson 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, APRIL 21, 2003 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Council President Luci Snyder; Council Members Kevin Kirby, John Koven, Bob Battreall, Norm Rundle, Ron Carter and Wayne Wilson; Deputy Clerk-Treasurers Came Gallagher and Sandy Johnson were also present. Mayor James Brainard and Clerk-Treasurer Diana Cordray were absent. Council President Snyder called the meeting to order at 7:03 p.m. Councilor Wilson pronounced the Invocation. Council President Snyder led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Wilson moved to approve the Minutes of the March 17, 2003 Regular Meeting. Councilor Koven seconded. The Minutes were approved 6-0. Councilor Battreall abstained since he was not present at such meeting. Councilor Carter moved to approve the Minutes of the April 1, 2003 Claims Meeting. Councilor Wilson seconded. The Minutes were approved 5-0. Councilors Battreall and Koven abstained since they were not present at such meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Barbara Richard of 934 Shea Drive, addressed Council on behalf of the Hamilton County League of Women Voters regarding the upcoming Candidates Forum on April 29, 2003. Kasey Kauffman of 10525 Power Drive, Council Appointment to the Carmel/Clay Library Board, provided a Quarterly Library Report to Council. David Ezell of 5068 Huntington Drive, addressed Council regarding his concerns for Martin Marietta expansion. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: There were none, ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Rundle moved to approve claims in the amount of $1,128,744.12, $594,111.99 and $296,231.78. Councilor Kovcn seconded. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Carter stated that the Administration Committee has not met. Future meetings of the Committee will be scheduled only as needed. Councilor Koven stated that the Annexation and Land Use Committee has not met. The next regular meeting of the Committee is scheduled for May 8, 2003, at 7:00 p.m. in the Caucus Room. Council President Snyder stated that the Economic Development Committee has not met. Future meetings of the Committee will be scheduled only as needed. Council President Snyder reported that the Finance Committee met on April 14, 2003, at which time the Committee discussed a Resolution to support Hamilton County to research COlT funds. The Committee provided a unanimous, favorable recommendation for approval of such a Resolution to Council. The next regular meeting of the Committee is scheduled for May 8, 2003, at 9:00 a.m. in the Clerk-Treasurer's Office. Councilor Rundle stated that the Parks and Recreation Committee has not met. The next regular meeting of the Committee, scheduled for May 5, 2003, at 3:30 p.m. in the Caucus Room, is canceled. Councilor Wilson stated that the Public Safety Committee has not met. The next regular meeting of the Committee, scheduled for May 5, 2003, at 10:00 a.m. in the Caucus Room, is canceled. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee, scheduled for April 25, 2003, at 8:00 a.m. in the Caucus Room, is canceled. Councilor Kirby stated that the Utilities and Transportation Committee has not met. Future meetings of the Committee will be scheduled only as needed. OLD BUSINESS: There were none. PUBLIC HEARINGS: There were none. NEW BUSINESS: Council President Snydcr announced the Introduction of Ordinance No. C-252; An Ordinance of thc 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 (Clay Township Regional Waste District Lift Station). Councilor Wilson moved to introduce this item into business. Councilor Koven seconded and presented this matter to Council. There was no discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee. Councilor Koven seconded. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. C-252 will return to Council for a Public Hearing no less than 60 days from this date. Council President Snyder announced the Introduction of Ordinance No. C-253; 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 (King of Glory). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven presented this matter to Council. There was no discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee. Councilor Koven seconded. The motion to suspend the rules was approved by a vote of 6-0. Councilor Carter was away from the meeting during the vote. Ordinance No. C-253 will return to Council for a Public Hearing no less than 60 days from this date. Council President Snyder announced the Introduction of Ordinance No. C-254; 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 (Glenwood, Leising, Farley). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven presented this matter to Council. There was no discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee. Councilor Koven seconded. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. C-254 will return to Council for a Public Heating no less than 60 days from this date. Council President Snyder announced the Introduction of Ordinance No. C-255; 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 (Lakewood Gardens). Councilor Wilson moved to introduce this item into business. Councilor Battreall seconded. Councilor Koven presented this matter to Council. There was no discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee. Councilor Koven seconded. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. C-255 will return to Council for a Public Heating no less than 60 days from this date. Council President Snyder announced the Introduction of Ordinance No. C-256; 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 (Northwood Hills). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven presented this matter to Council. There was no discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee. Councilor Koven seconded. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. C-252 will return to Council for a Public Hearing no less than 60 days from this date. Council President Snyder announced the First Reading of Ordinance No. D-1625-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 4, Article 3, Division IV, Section 4-79, of the Cannel City Code (Alarm Provisions and Penalties). Councilor Battreall moved to introduce this item into business. Councilor Carter seconded. Councilor Battreall presented this matter to Council. There was extensive discussion. City Attorney, Douglas Haney responded to Council questions and concerns. Councilor Wilson requested that this matter be referred to the Public Safety Committee for further review. Brief Council discussion continued. Council President Snyder referred Ordinance No. D-1625-03 to the Public Safety Committee. Council President Snyder announced Resolution No. CC-04-21-03-01; 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-252). Councilor Wilson moved to introduce this item into business. Councilor Koven seconded and briefly summarized this matter to Council. There was no discussion. Resolution No. CC-04-21-03-01 was approved by a vote of 7-0. Council President Snyder announced Resolution No. CC-04-21-03-02; 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-253). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven briefly summarized this matter to Council. There was no discussion. Resolution No. CC-04-21-03-02 was approved by a vote of 7-0. - Council President Snyder announced Resolution No. CC-04-21-03-03; A Resolution of the Common Council of the City of Cannel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (C-254). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven briefly summarized this matter to Council. There was no discussion. Resolution No. CC-04-21-03-03 was approved by a vote of 7-0. Council President Snyder announced Resolution No. CC-04-21-03-04; 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-255). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven briefly summarized this matter to Council. There was no discussion. Resolution No. CC-04-21-03-04 was approvedby a vote of 7-0. Council President Snyder announced Resolution No. CC-04-21-03-05; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Interlocal Agreement Concerning Rule 13. Councilor Wilson moved to introduce this item into business. Councilor Rnndle seconded. Councilor Wilson presented this matter to Council. There was Council discussion. Resolution No. CC-04-21-03-05 was approved by a vote of 7-0. Council President Snyder announced Resolution No. CC-04-21-03-06; 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-256). Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Councilor Koven briefly summarized this matter to Council. There was no discussion. Resolution No. CC-04-21-03-02 was approved by a vote of 7-0. Council President Snyder announced Add-On Items for Council consideration as follows: Resolution No. CC-04-21-03-07; A Resolution of the Common Council of the City of Carmel, Indiana, to Support Attempts to Audit and Reconcile COIT Numbers with the State of Indiana. Councilor Rundle moved to add this item to the Agenda. Councilor Wilson seconded. The Resolution was added to the Agenda by a vote of 7-0. Council President Snyder then presented this matter to Council. There was brief discussion. Resolution No. CC-04-21-03-07 was approved by a vote of 7-0. Resolution No. CC-04-21-03-08; A Resolution of the Common Council of the City of Carmel, Indiana, Concerning the Waiver of Attorney/Client Privilege for a Specific Matter. Councilor Rundle moved to add this item to the Agenda and presented the circumstances for this matter to Council as well as read aloud a Memorandum, dated April 16, 2003, from Council President Snyder to all Council members, a copy of which is made an attachment to the original Minutes of this meeting. Councilor Carter seconded the motion to add item to the Agenda. The motion was approved 7-0. Councilor Rundle continued with presentation. Councilor Kirby intervened calling for a motion to introduce. Councilor Wilson moved to introduce this matter. Councilor Carter seconded. Councilor Rundle then proceeded to read aloud a letter received from the State of Indiana Disciplinary Commission of the Supreme Court, dated April 16, 2003, a copy of which is also made an attachment to the original Minutes of this meeting. Councilor Rundle also read aloud this Resolution. Councilor Carter read aloud a letter dated February 28, 2003, inviting Mayor James Brainard to speak at a Carmel High School Top 25 Student Ceremony, then read aloud a letter from Mayor Brainard in _ response to the proposed Resolution, a copy of which is also made an attachment to the original Minutes of this meeting. Councilor Carter continued with personal comments, followed by Councilors Battreall, Koven, Rundle and Carter again. Council President Snyder called for the question. Resolution No. CC-04- 21-03-08 was approved by a vote of 7-0. OTHER BUSINESS: There was none. ANNOUNCEMENTS -' There were none. ADJOURNMENT: Council President Snyder moved to adjourn pending the execution of documents. adjourned at 8:32 p.m. The meeting was Respectfully submitted, ~ / . ~ ~ /~/ff Sandra M. Joimson, Clerk-Treasurer Diana L. Cordray, IAMC Approved, MaWr James Brainard ATTEST: - ~lerk-Treasurer Diana L. Cordray, IAMC Office of the Clerk-TreaSurer Memorandum DATE: TO: FROM: CC: April 16, 2003 Carmel City Council Luci Snyder. President Common Council Mayor James Brainard and Clerk Treasurer Diana Cordray I have this day received from the Disciplinary Commission of The State of Indiana Supreme Court, a formal request to waive the attorney-client privilege a regards an ongoing confidential investigation. However, since the Carmel Common Council cannot express acquiescence or denial without a formal resolution, such resolution is attached for your consideration. Since Mayor Brainard is the subject of the investigation, and I and the immediate past president, Wayne Wilson, are opponents in the upcoming mayoral primary, I have asked past President Norman Rundle to handle this matter. Further, since the State of Indiana Supreme Court Disciplinary Commission has requested a response at the Council's earliest opportunity, this matter should be discussed promptly and therefore this resolution will be an add-on matter for the Council at our April 21st meeting. City of Carmel ~ One Civic Square ~ Carmel ~ Indiana 317/571-2414 Voice ~ 3~7/57~-2410 Fax -46032 04/i6/2003 11:39 317-233-0261 DISCIPLINARY COMM PAGE 82 INDIANAPOLIS, IN 46204 SUPREME COURT DONALD IL LUNDBERG Ms. Luci Snyder President, Cannel City Council One Civic Square Carmel, Indiana 46032 Phone (317) 23')-1807 Fax (317) 233-0261 TDD For Deaf: (317) 233-611l April 16, 2003 ]By first class mall and by fax to: 571-2410 Dear Ms. Snyder: I am writing to you in your official capacity as President of the Carmel City Council. The Indiana Supreme Court Disciplinary Commission is the agency of the Indiana Supreme Court that investigates, and in appropriate cases, prosecutes claims of lawyer misconduct. The investigation stage of the lawyer discipline process is confidential by rule of the Indiana Supreme Court. The purpose of my letter is to seek authority of the Carmel City Council to interview one or more agents of the Indianapolis law firm of'Ice, Miller in connection with an on-going confidential investigation. In furtherance of our investigation, I have been in contact with representatives of Ice, Miller in an attempt to arrange an iaterview with Ice, Miller partner, Thomas K. "Buddy" Downs, and possibly other agents of Ice, Miller. Ice, Miller has quite approprigtely indicated that the information I seek to obtain is presumptively protected by the att0mey-client privilege and otherwise subject to the confidentiality roles that govern the attorney-client relationship. Ice, Miller has further indicated to me that the client whose interests are protected by the privilege is the governmental entity known as the City of Carmel. Thus, Ice, Miller is not willing or able to provide information in connection with our investigation without the consent of its client, the City of Carmel. The protections of the attorney-client privilege and roles of client confidentiality belong to the client, not the attorneys; and so it is the client who must consent to any waiver of privilege and confidentiality, not the attorney. Of course, because it is not a natural person, the City of Carmel is not capable of directly waiving the attorney-client privilege; it must do so through the appropriate duly authorized agents. Since the City of Carmel is governed by a city council, being the legislative branch of government, and by a mayor, being the highest official in the executive branch of government, I have been informed by Ice, Miller that it will honor our request for an interview only upon receipt of a waiver of the attorney-client privilege on behalf of the City of Carmel by the city council and by the mayor. 04/1B/200S ll:S8 S1?-~SS-O~B1 DISOIPLINA~¥ OOMM P~E BS Luci Snydcr April 16, 2003 Page 2 Please accept this letter as my formal request on behalf of the Supreme Court Disciplinary Commission for you to solicit from the entire Carmel City Council a waiver of the attorney-client privilege on behalf of the City of Carmel so as to permit agents of the Indiana Supreme Court Disciplinary Corranission to interview Mr. Downs and such other agents or representatives of Ice, Miller as are necessary to allow us to complete our investigation into a pending matter. I am independently seeking a waiver of the attorney- client privilege from the mayor. Please feel free to contact me directly or through counsel if you require any further information or have any questions. Otherwise, I look forward to hearing fi.om you in r~sponse to the substance of my request at the coaneil's earliest opportunity. Donald R. Lundberg Executive Secretary DRL/mc JAMES BRAINARD, MAYOR Carmel City Council Carmel, Indiana The Carmel City Council has received a letter dated April 16, 2003, from Donald Lundberg, the Executive Secretary of the Indiana Supreme Court Disciplinary Commission, requesting that the Council waive the attorney-client privilege between the City of Carmel and the law firm of Ice, Miller, Donadio and Ryan to permit the Commission's staff to interview Thomas K. "Buddy" Downs. As Mr. Lundberg's letter indicates, a similar request has been submitted to me, as Mayor of Carmel. I am in the process of preparing a waiver, and encourage the Council to do likewise, so that any matters referred to the Commission can be fully investigated. I further ask that, contrary to your normal practice, you add this item to the agenda and vote to approve it tonight. This request comes as the result of an allegation contained in a citizen' s complaint filed with the Commission by Mr. John Koven in July 2002 based on a conversation that supposedly occurred between Buddy Downs, an attorney of the Ice Miller Law Firm, and Luci Snyder during a cocktail party over seven years ago, at which Mr. Koven was not present. Mr. Koven's complaint is not sworn and is false. Furthermore, if something improper happened, why has Mr. Koven waited until now, right before the May election to raise the issue? I want to point out that the complaint procedure followed by Mr. Koven is available to any person and is received by the Disciplinary Commission without regard to content, substance or validity. Because the Commission receives complaints from the public that are often frivolous or otherwise not credible, as a matter of standard procedure, it maintains confidentiality on the complaint until it is investigated. At that point in time, and only if the Commission determines that the complaint has merit, will the information become public. This is done to protect all parties involved. Mr. Koven's actions in distributing his complaint to the community and to the media has caused the normally confidential procedure to become a public and politicized matter. The complaint of Mr. Koven is untrue and inaccurate, and alleges a conversation that did not occur. Unfortunately, Mr. Koven's continued campaign is timed and designed to ONE CIVm SQUARE, CAMEL, IN 46032 OFFICE 317.571.2401, FStX 317.844.3498 EMAIL jbrainard@ cL carmel.in.us inflict personal and political harm to me. I am eager to put this matter to rest, however, it cannot be resolved until the Commission makes its determination. I have been and will continue to cooperate with the Commission throughout this process, which is normally a confidential proceeding until such time as the Commission elects to proceed with the complaint. Because I respect the confidentiality of the parties mentioned in the complaint as well as respect the process imposed by the Commission, I have been reluctant, before tonight, to make public comments about Mr. Koven' s complaint. By releasing his complaint to the press only a few weeks before the May election, Mr. Koven has made clear his real intention, which isn't to raise some real impropriety, but rather to try to smear me in the media so that others will win the election. I am well aware that the Council can elect to defer this action to a later meeting, assign it to committee, or take no action. I urge you not to delay action on this matter, but to act tonight to permit the Commission to proceed. Your support of the waiver tonight will allow the state to resolve this matter. That is the proper forum and in the best interest of all involved.