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HomeMy WebLinkAboutCCM-08-25-03 Special MeetingCky of Carmel Office of the Clerk-Treasurer COMMON COUNCIL SPECIAL MEETING AGENDA MONDAY, AUGUST 25, 2003 -8:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CAI,I,ED TO ORDER OLD BUSINESS a. A Provosal for Amending or Rescinding the Motion Approving Ord'manee Z- 409-0~; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Clarian North Hospital Campus Planned Unit Development District. EXECUTION OF DOCUMENTS 3. ADJOURNMENT ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 COMMON COUNCIL SPECIAL MEETING MINUTES MONDAY, AUGUST 25 2003 -8:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Council President Luci Snyder; Council Members; Ron Carter, Wayne Wilson, Norm Rundle, John Koven, Kevin. Kirby; Clerk Treasurer; Diana Cordray; Deputy Clerk Treasurer, Sandy Johnson. Mayor James Brainard and Council Member Bob Battreall were absent. Council President Luci Snyder called the meeting to order at 8:01 a.m. OLD BUSINESS: A Proposal for Amending or Rescinding the Motion Approving Ordinance 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. Council Discussion: Council President Snyder explained the re-visitation of Ordinance Z-409-03. This was an Ordinance that was adopted on the 4'h of August with a contingency. 77ne motion to create the contingency basically said that we (City Council) would approve if there was a contingency that the Economic Development Agreement would be signed by Clarian and the Carmel Redevelopment Commission (CRC). Clarian signed the agreement on the 5th of August. We are waiting for the CRC to sign their own agreement. As late as Friday, I did speak with Karl Haas, attorney for the CRC. As you know we put off considering this for a week to allow Kate Weese, our City Engineer, to look at the Exhibits. I wanted to know where we were in that process. Kate has looked at Exhibits: C, DI, 2, 3, 4, and Exhibit B which was supposed to be from Lauren Mathis. As of Friday they were not in Kate's hands, but that's not Clarian's fault, that's our side. I asked Karl if he could possibly get this done in a week, before Monday, and he said he did not know. I said that we did not want to be unreasonable but we had extended it for a week to make sure everybody could get the work done. If I had received a call fronn the CRC president telling me that he would address the issue this week, I would have continued this meeting until next Monday morning. I received no such assurance. So the issue here is the fact that the motion has been tabled by the CRC with no return date at all, and it can be indefinitely tabled unless the CRC addresses it promptly. So far they have not made any indication that they would do so. Therefore, the only itenn on the agenda is to revisit the motion and determine whether or not we can rescind the contingency on the approval of the PUD. Councilor Rundle moved to rescind the motion establishing the contingency for acting upon Ordinance Z-409-03. Councilor Kirby seconded. Council President Snyder asked if there was any Council discussion. Council Carter replied that he had comments. As I have said in the past to you folks, individually and collectively, I don't believe that the council has jurisdiction over this now. If the council decides to amend this, it is my feeling and 1 am prepared to go to court to back up that feeling, to get a determination as to whether at- not this has to go back to the plan commission. Failing that, it is my understanding that if the council can rescind, without damage to the council, any zoning within 6 months of adoption, I will move and have the next council do that. So I just send that note out to the people at Clarian. Now with that said, I am not particularly interested in hearing ally more remarks from Mr. Kirby about the will of the people. The will of the people was expressed, on May 5`h, and it was expressed because, at least 5 of the members of this sitting council have not been able to determine what the will of the people was for the better part of 4 years. The will of the people was expressed when you folks were summarily voted out of office. And Kevin, just so we are clear, the will of the people would have been expressed in your case also if it hadn't been for the generosity of the Mayor and the new council members. I just want to make that clear. We should have gone to court when this council took the Mayor off this dais, but we let Ms. Beasley's opinion of the day stand. It should not have happened, and so its time that these types of personal situations involved with the council get challenged, even at this late date and in this term. I have said all along that 1 think this is an unfortunate planning decision for this community because it affects so dramatically the Meridian Corridor and what people have waked for so many years. I don't really care if Clarion goes to the forty acres thev now own in Noblesville; in fact I'd like to see Clarian put their facility there. This particular parcel.is the premiere parcel of our business corridor. I don't want to see that changed fundamentally and turn it into a medical corridor for the benefit of Clarion's need to compete with other hospitals. So with that said, I just want to make sure that the council is clear and Clarian is clear that I will take it to court. Other comments: Council President Snyder explained that before each of the council members was a packet that she had put together. On the top page there was an opinion from the council's attorneys, Bingham and McHale, on whether or not we can remove a contingency that was placed on an ordinance with a motion. If you read through it, and ifyou read through it since it is a simple document, number one ..... There are-three pages out of Roberts Rules of Order which our city council laws say that we revert to in the absence of other council ordinances. Dhat is out of our own city ordinance.. Basically, Roberts Rules of Order permit a governing body to rescind and/or annend something previously adopted. In this case we are making a motion to rescind to rennove the contingency. I think it's fairly clear that this is legal and can indeed be done. Mr. Carter you almost never miss an opportunity to insult anybody. Graciousness doesn 't seem to be part of your lexicon. Although you certainly may have your opinion, as you do and voice it frequently. You step into the realm of lecturing a company on how they do business and talk about the fact that Clarion is competing with other medical facilities. You conveniently leave out that Rilev Children's Hospital has been part of Indiana for years, bit it didn't seem to bother anybody. You particularly knew that St. Vincent's entered the field with a children's hospital. The competition among the medical groups is their business. Our business is the financial health of the city and I have set on the Meridian. Corridor Comnnittee for all of these years and have been part of the Economic Development Group called.the Hamilton County Alliance. And yes, we did consider this a business. You may say office only, but the rest of its were looking at office and technology. It could even have been manufacturing, if it was high technology manufacturing, so we differ on that. There was discussion regarding the minutes and whether the handouts were to be included in the minutes. Council President Snyder determined it would not be necessary. The motion to rescind the contingency on Ordinance Z-909-03 was approved. by a vote of 5-1. Councilor Carter opposed. ADJOURNMENT: Council President Snyder adjourned the meeting at 8:12 a.m.