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HomeMy WebLinkAboutCCM-07-07-03Office of the Clerk-Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, JULY 7, 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. June 16, 2003 - Regular Meeting b. June 24, 2003 - Claims Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 6. 7. 8. ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS a. Administration Committee b. Annexation and Land Use Committee c. Economic Development Committee d. Finance Committee e. Parks and Recreation Committee f. Public Safety Committee g. Rules Committee h. Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS a. Second Readin~ of Ordinance No. C-250; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Ten-itory to thc 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 Koven, Snyder and Wilson b. Second Reading of 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 11. PUBLIC HEARINGS 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 Cannel, 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 Lilt 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 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); 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 Cannel (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 Reading of Ordinance No. D-1628-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Department of Administration Budget from the General Fund Operating Balance ($10,000.00); Sponsor: Councilor Carter 12. 13. 14. First Reading of Ordinance No. Z-409-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing thc Clarian North Hospital Campus Planned Unit Development District; Sponsor: Councilor Kirby First Reading of Ordinance No. Z-411-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Establish Development Plan an Architectural Design, Exterior Lighting, Landscaping and Signage Control Within the I-i/Industrial District; Sponsor: Councilor Wilson NEW BUSINESS a. First Reading of Ordinance No. D-1632-03; An Ordinance of the Common Council of thc City of Carmel, Indiana, Approving and Adopting Interlocal Fire Protection Agreement; Sponsor: Council President Snyder b. First Reading of Ordinance No. D-1634-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 9, Section 8-120 of the Carmel City Code (Street Names); Sponsor: Councilor Carter c. First Reading of Ordinance No. D-1635-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Regarding the Policy of thc City of Carmel for Purposes of Extension of Water and Sewer Mains to Developed Areas Within the Corporate Limits; Sponsors: Councilors Koven, Snyder and Wilson d. First Reading of Ordinance No. D-1637-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Re-Establishing the Carmel Cumulative Sewer Fund (Carmel Cumulative Building Fund for Municipal Sewers) and Amending Carmel City Code Chapter 2, Article 4, Section 2-93, Accordingly; Sponsor: Councilor Battreall e. First Reading of Ordinance No. D-1638-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Re-Establishing the City of Carmel Cumulative Capital Development Fund and Amending Carmel City Code Chapter 2, Article 4, Section 2-91, Accordingly; Sponsor: Councilor Battreall f. Resolution No. CC-07-07-03-01; A Resolution of the Common Council of the City of Cannel, Indiana, Permitting Police Department Vending Machine Commissions to be Deposited Into the Department's Continuing Education Training Fund; Sponsor: Councilor Wilson Resolution No. CC-07-07-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing a Transfer of Funds by the Carmel Fire Department ($15,000.00/$18,000.00); Sponsor: Councilor Wilson Resolution No. CC-07-07-03-03; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing a Mining Task Force; Sponsor: Council President Snyder OTHER BUSINESS ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, JULY 7, 2003 - 7:00 t .M. COUNCIL CHAMBERS ! CITY HALL ! ONE CMC SQUARE MEMBERS PRESENT: Council President Luci Snyder; Council Members Wayne Wilson; Ron Carter; Norm Rundle; Bob Battreall, John Koven and Kevin Kirby; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurers Carrie Gallagher and Sandy Johnson. Council President Snyder called the meeting to order at 7:01 p.m. There was no Invocation. __Council President Snyder led the Pledge of Allegiance. .RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Council President Snyder presented Steve Couts, former Chief of the Carmel Fire Department, with a United State flag that flew over the fire station on the day that it was dedicated in his name. Mr. Couts expressed his deepest gratitude and appreciation. APPROVAL OF MINUTES: Councilor Battreall moved to approve the Minutes of the June 16, 2003 Regular meeting. Councilor Rundle seconded. The Minutes were approved 7-0. Councilor Battreall moved to approve the Minutes of the June 24, 2003 Special Claims meeting. Councilor Wilson seconded. The Minutes were approved 6-0. Councilor Rundle abstained as he was not present at such meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. 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 $1,385,114.52 and $771,896.68. Councilor Battreall 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 March 10, 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 stated that the Finance Committee has not met. The next regular meeting of the Committee, scheduled for July 10, 2003, is canceled. (-~Councilor Carter stated that the Park~s and Recreation Committee has not met. Future meetings of the ['Committee will be scheduled only 'as needed. Councilor Wilson stated that the Public Safety Committee has not met. The next regular meeting of the Committee is scheduled for August 4, 2003, at 10:00 a.m. in the Caucus Room. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee is scheduled for July 25, 2003, at 8:00 a.m. in the Caucus Room. 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: Council President Snyder announced the Second Reading of Ordinance No. C-250; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to thc City of Carmel, Indiana Placing thc Same within the Corporation Boundaries Thereof and making the Same a Part of the City of Carmel (Briarwood/Woodbrook Downs). There was no Council discussion. Ordinance No. C-250 was approved by a vote of 7-0. Council President Snyder announced the Second Reading of Ordinance No. C-251 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 Wilson seconded; There was no discussion. Ordinance No. C-251 was approved by a vote of 7~0. PUBLIC HEARINGS: Council President Snyder announced the First Reading of Ordinance No. C-252; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Tc~xitory to the City of Carmel, Indiana Placing the Same within thc Corporation Boundaries Thereof and making the Same a Part of the City of Carmel (Clay Township Regional Waste District Lif~ Station). Councilor Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven provided a brief smnmary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 7:22 p.m. Seeing no one wished to speak, Council President Snyder closed the Public Hearing at 7:22:30 p.m. Ordinance No. C-252 will return to Council upon the expiration of 30 days. Council President Snyder announced the First Reading 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 Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 7:23 p.m. Seeing no one wished to speak, Council President Snyder closed the Public Hearing at 7:23:30 p.m. Ordinance No. C-253 will return to Council upon the expiration of 30 days. Council President Snyder announced the First Reading 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 Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 7:24 p.m. Seeing no one wished to speak, Council President Snyder closed the Public Hearing at 7:24:30 p.m. Ordinance No. C-254 will return to Council upon the expiration of 30 days. Council President Snyder announced the First Reading 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 Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 7:24 p.m. The following persons addressed Council in favor of the proposed annexation: Robert Hughey of 2706 Lakewood Drive North; Alan Snyder of 9806 Lakewood Drive West; The following persons addressed Council in opposition of the proposed annexation: Art Bredlau of 9812 Lakewood Drive West; Barry Chapman of 2727 Lakewood North Drive; Garth Cooley of 9880 Lakewood Drive East; Ethel Percy of 2875 Central Court; Seeing no one else who wished to speak, Council President Snyder closed the Public Heating at 7:56 p.m. There was brief Council discussion. Ordinance No. C-255 will return to Council upon the expiration of 30 days. Council President Snyder announced the First Reading 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 Cannel (Northwood Hills). Councilor Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 8:22 p.m. The following person addressed Council in favor of the proposed annexation: PeterIsenberg of 11811 Hoster Road; The following persons addressed Council in opposition of the proposed annexation: Diana Cleland of 12012 Westwood Drive, as the President of the Northwood Hills Neighborhood Association; Joseph Brown of 6020 Shieling Court; Dick Stein of 12588 Gray Road; Mark Timke of 11861 Pebblebrook Lane; Gary Abner of 11801 Westwood Drive; Ted Garland of 11761 Prairie Place; Tina Abner 11801 Westwood Drive; John Adler of 11727 Prairie Place; Seeing no one else who wished to speak, Council President Snyder closed the Public Hearing at 9:02 p.m. There was Council discussion. Ordinance No. C-256 will return to Council upon the expiration of 30 days. The Council was recessed at 9:02p. m. and resumed at 9:21 p.m. Council President Snyder announced the First Reading of Ordinance No. D-1628-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Department of Administration Budget from the General Fund Operating Balance ($10,000.00). Councilor Carter moved to introduce this item into business. Councilor Battreall seconded. Councilor Carter presented this matter to Council and requested that it be withdrawn for consideration from the Agenda. Council President Snyder withdrew Ordinance No. D-1628-03 from the Agenda. Council President Snyder announced the First Reading of Ordinance No. Z-409-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Clarian North Hospital Campus Planned Unit Development District. Councilor Wilson moved to introduce this item into business. Councilor Carter seconded. Joseph Scimia, Attorney for Clahan Health Partners, Inc. provided a presentation of this matter to Council. Council President Snyder opened the matter for Public Hearing at 9:52 p.m.  following persons addressed Council in favor of this matter: The Joe Brill of 358 Mallard Court; Tammy Reedy of 313 Mallard Court; Kathy Haag of 357 Pintail Court; Gregory Silver, Attorney for Springmill Estates of 342 Massachusetts Avenue, Indianapolis; Jim Nesbitt of 363 Mallard Court; The following persons addressed Council in opposition of this matter: Dick Wickliffof 10300 Spring Mill Road; Kathleen Lee of 11009 Spring Mill Lane; Gerry Golden of 308 Spring Mill Court; Seeing no one else who wished to speak, Council President Snyder closed the Public Hearing at 10:15 p.m. There was Council discuss. Council President Snyder referred Ordinance No. Z-409-03 to the Annexation and Land Use Committee for further review and consideration. Council President Snyder announced the First Reading of Ordinance No. Z-411-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Establish Development Plan an Architectural Design, Exterior Lighting, Landscaping and Signage Control Within the I-l/Industrial District. Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Jon Dobosiewicz of the Department of Community Services, presented this matter to Council and recommended proposed --amendments adding standard language to the document submitted for Council consideration and also requested consideration of a possible suspension of the rules in order to approve this matter this evening. Councilor Kirby moved to accept amendments as read aloud. Councilor Rundle seconded. The motion to amend was approved by a vote of 7-0. Council President Snyder then opened the matter for Public Hearing at 10:50 p.m. The following person addressed Council: Curtis Butcher; Seeing no one else who wished to speak, Council President Snyder closed the Public Hearing at 10:52 p.m. There was extensive Council discussion. Mr. Dobosiewicz responded to Council questions and concerns. Discussion continued. Councilor Rundle moved to suspend the rules sending this matter to Committee and to act on this item tonight. Councilor Carter seconded. The motion to suspend, requiring a unanimous vote, failed by a vote of 4-3. Councilors Battreall, Koven and Wilson voted in opposition. Council President Snyder referred Ordinance No. Z-411-03 to the Annexation and Land Use Committee for further review and consideration. NEW BUS.ESS: Council President Snyder announced the First Reading of Ordinance No. D-1632-03; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving and Adopting Inteflocal Fire Protection Agreement. Councilor Rundle moved to introduce this item into business. Councilor Carter seconded. Council President Snyder presented this matter to Council and requested consideration of a suspension of the rules. There was Council discussion. Councilor Kirby moved to suspend the rules sending this matter to  mmittee and to act on this matter this evening. Councilor Battreall seconded. The motion was approved ? a vote of 7-0. Ordinance No. D-1632-03 was approved by a vote of 7~0. Council President Snyder announced the First Reading of Ordinance No. D-1634-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 9, Section 8-120 of the Carmel City Code (Street Names). Councilor Carter moved to introduce this item into business. Councilor Kirby seconded. Councilor Carter presented this matter to Council and requested Council's consideration to suspend the rules. There was Council discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee and to vote on this item this evening. Councilor Carter seconded. The motion, requiring a unanimous vote, failed by a vote of 6-1. Councilor Kirby voted in the opposition. Council President Snyder referred Ordinance No. D-1634-03 to the Public Safety Committee for further review and consideration. Council President Snyder announced the First Reading of Ordinance No. D-1635-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Regarding the Policy of the City of Cannel for Purposes of Extension of Water and Sewer Mains to Developed Areas within the Corporate Limits. Councilor Wilson moved to introduce this item into business. Councilor Koven seconded and provided a brief summary of this matter to Council. John Duffy, Director of the Department of Utilities presented the details of this matter to Council. There was extensive Council discussion. Mr. Duffy responded to Council questions. Sue Beesley, Attorney for the Cannel Common Council, also responded to legal concerns expressed by Council. Council President Snyder referred Ordinance No. D-1635-03 to the Utilities and Transportation Committee for further review and consideration. [-~Council President Snyder announced the First Reading of Ordinance No. D-1637-03; An Ordinance of the iCommon Council of the City of Carmel, Indiana, Re-Establishing the Carmel Cumulative Sewer Fund -(Carmel Cumulative Building Fund for Municipal Sewers) and Amending Carmel City Code Chapter 2, Article 4, Section 2-93, Accordingly. Councilor Carter moved to introduce this item into business together with the next item on the Agenda, Ordinance No. D-1638-03. Councilor Battreall seconded. Diana Cordray, Clerk-Treasurer, presented these matters to Council. There was brief discussion. Councilor Kirby moved to suspend the rules sending both items to Committee and to act on these matters this evening. Councilor Battreall seconded. The motion was approved by a vote of 7-0. Ordinance No. D-1637-03 was approved by a vote of 7-0. Council President Snyder announced the First Reading of Ordinance No. D-1638-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Re-Establishing the Cannel Cumulative Development Fund and Amending Carmel City Code Chapter 2, Article 4, Section 2-91, Accordingly. Councilor Carter moved to introduce this item into business together with the above-referenced Ordinance No. D-1637-03. Councilor Battreall seconded. Diana Cordray, Clerk-Treasurer, presented this matter to Council. The rules were suspended sending this matter to Committee and to act on the matter this evening as indicated above. The motion was approved by a vote of 7-0. Ordinance No. D-1638-03 was approved by a vote of 7-0. Council President Snyder announced Resolution No. CC-07-07-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, Permitting Police Department Vending Machine Commissions to be Deposited into the Department's Continuing Education Training Fund. Councilor Wilson moved to introduce this item into business. Councilor Carter seconded. Councilor Wilson presented this matter to Council. There was no discussion. Resolution No. CC-07-07-03-01 was approved by a vote of 7-0. Council President Snyder announced Resolution No. CC-07-07-03-021 A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing a Transfer of Funds by the Carmel Fire Department ($15,000,00/$18,000.00). Councilor Kirby moved to introduce this item into business. Councilor Carter seconded. Councilor Wilson presented this matter to Council. There was brief discussion. Resolution No. CC-07-07-03-02 was approved by a vote of 7-0. Council President Snyder announced Resolution No. CC-07-07-03-031 A Resolution of the Common Council of the City of Carmel, Indiana, Establishing a Mining Task Force. Councilor Battreall moved to introduce this item into business. Councilor Koven seconded. Council President Snyder presented this matter to Council and requested any volunteers. There was Council discussion. Councilor Battreall volunteered for the Task Force. Brief discussion continued. Resolution No. CC-07-07-03-03 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 11:32 p.m. Resp~ully_~ubmitted, ~li~ieolsurer Diana L' ~ly' James Brainard The meeting was IAMC ATTEST: Clerk-Treasurer D]-ana L.~ordravt~AMC 07/07/03 CC Minutes