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HomeMy WebLinkAboutCCM-07-21-03 Cky of Carmel Office of the COMMON COUNCIL MEETING Clerk-Treasurer AGENDA MONDAY, JULY 21, 2003 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CMC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 6. 7. 8. PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. July 7, 2003 - Executive Session b. July 7, 2003 - Regular Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS · Payroll General Claims · Retirement COMMITTEE REPORTS Administration Committee Annexation and Land. Use Committee Economic Development Committee Finance Committee Parks and Recreation Committee Public Safety Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD a. BUSINESS Second 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 Second 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; Sponsor: Councilors Koven, Snyder and Wilson Second Reading of Ordinance No. Z-411-03, As Amende, i; An Ordinance of the Common Council of the City of Cannel, Indiana, to Establish Development Plan an Architectural Design, Exterior Lighting, Landscaping and Signage Control Within the I- 1/Industrial District; Sponsor: Councilor Wilson 11. PUBLIC HEARINGS a. First Reading of Ordinance No. C-2571 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 (11 lth Street and Westfield Boulevard); Sponsor: Council President Snyder and Councilor Koven and Wilson b. First Reading of Ordinance No. C-258; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing ~.~ Sa~l~ ~e Witt}in.~t~the _Corporation Boundaries Thereof and Making the Same a Part of the y or uarme~ (~o Street and Westfield Boulevard); Sponsor: Council President Snyder and Councilor Koven and Wilson c. First Reading of Ordinance No. C-259; 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 (116th and Pennsylvania Streets); Sponsor: Council President Snyder and Councilor Koven and Wilson d. First Reading of Ordlna_nce No. C-260; 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 (Northwest Clay Township); Sponsor: Council President Snyder and Councilor Koven and Wilson e. First Reading of Ordinance No. D-1636-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds · to the Common Council Budget from the General Fund Operating Balance ($10,000.00 - U.S. 31 Coalition); Sponsor: Council President Snyder 12. 13. NEW BUSINESS Resolution No. CC-07-07-03-0!; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Satisfaction of Bonding Requirements; Sponsor: Councilor Carter .Resolution No. CC-07-07-03-07.; A Resolution of the Common Council of the City of Carmel, Indi~ma, Accepting Settlement Agreement in Frank Kells Regan v. City of Carmel; Sponsor: 'Council President Snyder OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT COMMON COUNCIL MEETING MINUTES MONDAY, JULY 21, 2003 - 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Council President Luci Snyder; Council Members Ron Carter, Norm Rundle, Bob Battreall, John Koven and Kevin Kirby; Clerk Treasurer, Diana Cordray; Deputy Clerk Treasurers; Carrie Gallagher; and Sandy Johnson. Mayor James Brainard and Council Member Wayne Wilson were absent. 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. i RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none APPROVAL OF MINUTES: Councilor Carter moved to approve the Minutes for the July 7, 2003 Executive Session. Councilor Battreall seconded. The Minutes were approved 5 - 0. Councilor Battreall moved to approve the Minutes for the July 7, 2003 Regular Meeting. Councilor Carter seconded. The Minutes were approved 5 - 0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. Councilor Rundle entered the meeting at 7:05 pm COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Battreall commented regarding the proposed Clarian Health zoning matter before the Council. ~--Councilor Rundle apologized for tardiness to meeting and advised of repetitive errors within the Minutes of the July 7, 2003 Regular Meeting. Councilor Rundle moved to correct those errors and asked that the Minutes be represented to Council at the next regular meeting for re,approval. Councilor Carter seconded. The motion was approved 6-0. Councilor Rundle then commented regarding the Mayor's continued absence at Council Meetings. Councilor Carter made statements concerning a couple of recent articles in the July 20th Edition of The Indianapolis Star regarding hospital competition and flood issues in growing developments. He also provided comment concerning a recent Ordinance before the Council involving a new four-way stop sign at Meridian Comers Boulevard and 131st Street. Councilor Carter then responded to Councilor Rundle's comments regarding the Mayor's continued absence at Council Meetings. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Rundle moved to approve claims in the amount of $2,832,352.77. Councilor Carter seconded. Claims were approved 6 - 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 met on July 10, 2003, to discuss several matters before the Council for consideration, specifically Ordinance No. Z-410-03, to which the Committee provided a 1-2 unfavorable recommendation; Ordinance Nos. Z-409-03 and Z-410-03, to which the Committee provided 3-0 favorable recommendations; and recommended the withdrawal of Ordinance No. D-1619-03 and, finally, a Resolution to be presented on this evening's Agenda. The next regular meeting of the Annexation and Land Use Committee is scheduled for August 14, 2003 at 7:00 p.m. in the Caucus Room. Council President Snyder stated that the Economic Development Committee was scheduled to meet this evening, but that has been rescheduled for July 22, 2003, at 5:30 p.m. in the Caucus Room. Council President Snyder stated that the Finance Committee has not met. The next regular meeting of the Committee is scheduled for August 14, 2003, at 9:00 a.m. in the Clerk-Treasurer's Office. Councilor Carter stated that the Parks and Recreation Committee has not met. Futura meetings of the Committee will be scheduled only as needed. Councilor Koven stated on behalf of Committee Chairperson, Councilor Wilson 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 and it will be during that time that the Committee will be discuss the proposed four- ~ way stop at Meridian Corners and 131st Street that Councilor Carter inquired about earlier in the meeting. Councilor Koven stated that the Rules Committee has not met. Future meetings of the Committee will be scheduled only as needed. ~--Councilor Kirby reported that the Utilities and Transportation Committee met on July 21, 2003, at which time they discussed consideration of Ordinance No. D-1635-03 and several proposed amendments. Future meetings of the Committee will be scheduled only as needed. OLD BUSINESS Council President Snyder announced the Second 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. Council President Snyder explained the purpose of this item's return to the Agenda and recommended it be withdrawn. There was extensive Council discussion. Councilor Rundle called for the question. Discussion continued. Ordinance No. D-1619-03 was approved by a vote of 4-2. Council President Snyder and Councilor Battreall voted in opposition. Council President Snyder announced the Second 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 Carmel for Purposes of Extension of Water and Sewer Mains to Developed Areas Within the Corporate Limits. Councilor Kirby presented this matter to Council and proposed amendments for consideration as outlined in a strikethrough version of this document previously submitted to Councilors for review. There was extensive Council discussion. Councilor Kirby moved to amend the document as read aloud. Councilor Koven seconded. The amendments were approved by a vote of 6-0. Ordinance No. D-1635-03 was approved, as amended, by a vote of 6-0. Council President Snyder announced the Second Reading of Ordinance No. Z-411-03, As Amended; An r-~Ordinance of the Common Council of the City of Carmel, Indiana, to Establish Development Plan and Architectural Design, Exterior Lighting, Landscaping and Signage Control Within the I-1 Industrial District. There was brief Council discussion. Michael Hollibaugh, Director of the Department of Community Services, responded to Council questions. Discussion continued. Ordinance No. Z-411-03~ As Amended, was approved by a vote of 5-0. Councilor Carter was away from the meeting at the time of vote. PUBLIC HEARINGS Council President Snyder advised that individual comments will be limited to three minutes and group comments to 5 minutes. She stated that Council will respond to questions and concerns on Ordinance Nos. C- 257 and C-258 once the Public Hearings are closed. Council will then have discussion and the meeting will be recessed for 10 minutes. Council President Snyder announced the First Reading of Ordinance No. C-257; 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 (illth Street and Wesffield Boulevard). Councilor Kirby moved to introduce this item into business. Councilor Koven seconded and provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 8:02 p.m. The following person spoke in opposition of the proposed annexation: Dr. Elizabeth Grossman of l l20I West. field Boulevard; .~ The following people expressed questions and/or concerns regarding the proposed annexation: ~ Mike Claphan of 11180 Westfield Boulevard; John Struck of 21 Woodland Drive. Seeing no one else who wished to speak, Council President Snyder closed the Public Hearing at 8:11 p.m. Ordinance No. C-257 will return to Council upon the expiration of 30 days. Council President Snyder announced the First Reading of Ordinance No. C-258; 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 (96th Street and Westfield Boulevard). Councilor Kirby moved to introduce this item into business. Councilor Koven seconded and provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 8:12 p.m. The following people spoke in favor of the proposed annexation: Suzanne Miller and Matthew Miller of 1776, 1752, 1730, 1732 East 106th Street; The following people spoke in opposition of the proposed annexation: Mike Williams of 9631 Lincoln Boulevard; Paul Moore of 10635 WestfieId Boulevard; Jean MacDonald of 10905 Westfield Boulevard; Bill Carrier of 9861 North Chesterton; ~-~ Richard Pontolillo of 10907 Jordan Road; [ Gail Schagel ofl8IO Hamilton Lane; ! John Zucker of 2405 East 99th Street; John Bracken of 246I East 98th Street; The following people expressed questions and/or concerns regarding the proposed annexation: Bruce Osborn of 2514 Colony Court; Tom Arbuckle of 10012 Holiday; Brad Sweet of 10906 Jordan Road. Seeing no one else who wished to speak, Council President Snyder closed the Public Hearing at 8:44 p.m. There was extensive Council comment and response to public inquiries. Mike Shaver of Wabash Scientific also responded to public questions and concerns as well as John Duffy, Director of the Department of Utilities. Ordinance No. C-258 will return to Council upon the expiration of 30 days. Council President Snyder recessed the meeting for 10 minutes at 9:43 p.m. The Council Meeting resumed at 9:59 p.m. Council President Snyder announced the First Reading of Ordinance No. C-259; An Ordinance of the Common Council of the City of Carmel Indiana, Annexing Certain Territory to the City of Carmel, Indiana Placing the · . thnd Same within the Corporation Boundaries Thereof and making the Same a Part of the City of Carmel (116 a Pennsylvania Streets). Councilor Koven moved to introduce this item into business. Councilor Carter seconded. Councilor Koven provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 10:01 p.m. l~---~e following people spoke in opposition of the proposed annexation: Ed Carter of 11529 Blossom Way; Barbara Shiels of 11531 Blossom Way; The following person expressed questions and/or concerns regarding the proposed annexation: Ernie Verbarg of 498 East 114th Street. Seeing no one else who wished to speak, Council President Snyder closed the Public Heating at 10:06 p.m. Ordinance No. C-259 will return to Council upon the expiration of 30 days. Council President Snyder announced the First Reading of_Ordinance No. C-260; 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 (Northwest Clay Township). Councilor Carter moved to introduce this item into business. Councilor Kirby seconded. Councilor Koven provided a brief summary of this matter to Council. Council President Snyder opened the matter for Public Hearing at 10:07 p.m. The following person spoke in favor of the proposed annexation: Cindy Ricehouse of 12877 Sheffield Boulevard; The following people spoke in opposition of the proposed annexation: David Maksymczak of 940 West 131st Street; David Wytoka of 1280 Creekwood Lane; Tom Chandler of 3848 West 141st Street; Robert Marr of 13300 Six Points Road; Maureen Mays of 3822 West 141st Street; The following people expressed questions and/or concerns regarding the proposed annexation: Betty Bishop of 2445 Crossfields Court, on behalf of Crossfields Homeowners Association; Bryan Gibson of 1238 Helford; Brian Brunner of 3525 West 14Ist Street. Seeing no one else who wished to speak, Council President Snyder closed the Public Hearing at 10:30 p.m. There was brief Council Discussion. Ordinance No. C-260 will return to Council upon the expiration of 30 days. Council President Snyder announced the First Re~ding of Ordinance No. D-1636-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Common Council Budget from the General Fund Operating Balance ($10,000.00 - U.S. 31 Coalition). Councilor Kirby moved to introduce this item into business. Councilor Rundle seconded. There was brief Council discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee and to act on it tonight. Councilor Rundle seconded. The motion to suspend was approved by a vote of 5-0. Councilor Carter was away from the meeting at the time of vote. Ordinance No. D-1636-03 was approved 5-0. Councilor Carter was still away from the meeting at the time of vote. --Council President S nyder announced Resolution No. CC-07-21-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Satisfaction of Bonding Requirements. Councilor Carter moved to 'introduce this item into business. Councilor Kirby seconded. There was brief discussion. Resolution No. CC- 07-21-03-01 was approved by a vote of 6-0. Council President Snyder announced Resolution No. CC-07-21-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Accepting Settlement Agreement in Frank Kells Regan v. City of Carmel. Councilor Carter moved to introduce this item into business. Councilor Kirby seconded. There was brief discussion. Resolution No. CC-07-21-03-02 was approved by a vote of. 6-0. OTHER BUSINESS: There was none ANNOUNCEMENTS :, Them were none. ADJOURNMENT: Council President Snyder moved to adjourn pending the execution of documents at 11:08 p.m. Respectfully submitted, ~~ a Clerk-Treasurer, Diana L. C~ay Approved, ~yor James Brainard ATTEST~L~ ~lerk-Treasurer, Diana 07/21/03 CCM