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HomeMy WebLinkAboutCCM-08-04-03COMMON COUNCIL MEETING AGENDA MONDAY, AUGUST 4, 2003 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER t. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. July 7, 2003 - Regular Meeting (Re-Approval) b. July 21, 2003 - Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS · Payroll · General Claims · Retirement 9. 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 10. OLD BUSINESS a. Second Reading of Ordinance No. D-1607-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 20I: AG-1 Agricultural District to the Carmel/Clay Zoning Ordinance; Sponsor: Councilor Snyder (To Be Withdrawn Due to First Reading of Ordinance No. Z-417-03) b. Second Reading of Ordinance No. D-1634-03; An Ordinance of the Common Council of the City of Carmel,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 Cannel City Code (Meridian Comers Boulevard/131st Street); Sponsor: Councilor Carter c. Second 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; Sponsor: Councilor Kirby d. Second Reading of Ordinance No. Z-410-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Riverview Medical Park Planned Unit Development District; Sponsor: Councilor Wilson 11. PUBLIC HEARINGS a. First Reading of Ordinance No. D-1639-03; An Ordinance of the Common Council of the City of Carm¢l, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Department of Administration's Budget From thc General Fund Operating Balance ($85,000.00); Sponsor: Councilor Ca, er b. First Reading of Ordinance No. D-1642-03; An Ordinance of the Common Council o£the City of Carmel, Indiana, Vacating a Portion of Waiter's Street and a Frontage Road Along U.S. 31; Sponsor: Councilor Snyder c. First Reading of Ordinance No. Z-405-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Two Parcels Adjacent to the Danbury Subdivision from the R-l/Residence District Classification to the P-I/Parks & Recreation District Classification); Sponsor: Councilor Wilson d. First Reading of Ordinance No. Z-406-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Property Located Along the South Side of 146th Street, 1/16 Mile East of Dublin Drive from the B-5/Business District Classification to the R-4/Residence District Classification); Sponsor: Councilor Wilson e. First Reading of Ordinance No. Z-412-03; An Ordinance of the Common Council of the City of Cannel, Indiana, to Establish Chapter 201: P-2/Park & Recreation District to Accommodate Parks, Historic Sites and Living History Museum; Sponsor: Councilor Wilson 12. NEW BUSINESS a. First Reading of Ordinance No. D-1629-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, For the Year 2004; Sponsor: Councilor Snyder 13. 14. 15. First Reading of Ordinance No. D-1630-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court of Carmel, Indiana, For the Year 2004; Sponsor: Councilor Snyder First Reading of Ordinance No. D-1631-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk- Treasurer, City of Carmel, Indiana, For the Year 2004; Sponsor: Councilor Snyder First Reading of Ordinance No. D-1643-03; An Ordinance of the Common Council oft he City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-38 of the Carmel City Code (Health Insurance - Retiree); Sponsor: Councilor Carter First Reading of Ordinance No. D-1644-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-51 of the Carmel City Code (Longevity); Sponsor: Councilor Battreall First Reading of Ordinance No. D-1645-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Sections 6-50 and 6-65 and Chapter 6, Article 5, Division I, Section 6-75, Division II, Section 6-88, Division III, Sections 6-93 and 6-94 and Division VII, Section 6-146 of the Carmel City Code (Barbed Wire and Electric Fences Prohibited ..... ); Sponsor: Councilor Snyder First Reading of Ordinance No. Z-417-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Section 10-52 to Chapter 10 of the City of Carmel, Indiana Code of Ordinances: AG-1 Agricultural District; Sponsor: Councilor Snyder Resolution No. CC-08-04-03-01; A Resolution of the Common Council of the City of Cannel, Indiana, to Amend the Alternative Transportation Plan, a Part of the Carmel/Clay Comprehensive Plan, Chapter 6; Sponsor: Councilor Carter Resolution No. CC~08-04-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing and Approving the Expenditure of Funds for the Training of 2004 Carmel Common Council Elect; Sponsor: Councilor Carter Resolution No. CC-08-04-03-03; A Resolution of the Common Council of the City of Carmel, Indiana, Concerning Planning and Zoning; Sponsor: Councilor Snyder OTHER BUSINESS a. Withdrawal of Ordinance No. D-1533-01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division I, Sections 2-29, 2-30, 2- 31, 2~32 and 2-33 of the Carmel City Code (Indemnification and Defense); Sponsor: Withdrawn [First Reading: August 6, 2001, Referred to Rules Committee; Second Reading: October 15, 2001, Requested to Remain in Committee; Third Reading: December 17, 2001, Motion to Amend Defeated (2-5), Tabled (7-0) and Sponsorship Withdrawn (Councilor Koven)] ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT COMMON COUNCIL MEETING MINUTES MONDAY, AUGUST 4, 2003 - 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Luci Snyder; Council Members, Ron Carter; Norm Rundle; Bob Battreall; John Koven, Wayne Wilson and Kevin Kirby; Clerk Treasurer, Diana Cordray; Deputy Clerk Treasurer; Sandy Johnson Mayor James Brainard called the meeting to order at 7:10 p.m. Pastor Randy Wardwell, Carmel Apostolic Church, gave the Invocation Council President Snyder led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Ed Burke, President of the Carmel Redevelopment Committee (CRC) presented Rick Roesch and Luci Snyder with plaques for their service on the CRC. APPROVAL OF MINUTES: Councilor Rundle moved to re-approved the Minutes for the July 7, 2003. Councilor Wilson seconded. The Minutes were approved 7 - 0. Councilor Rundle moved to approve the Minutes for the July 21, 2003. Councilor BattrealI seconded. The Minutes were approved 6 - 0. Councilor Wilson abstained. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Regarding the Clarian Project: The following person spoke in favor: Gregory Silver, Attorney at Law - representing Springmill Lake Estates Home Owners Association The following people spoke in opposition: Kathleen Lee - 11009 Spring Mill Lane - Spring Mill Place Neighborhood Mike Sharp - 10958 Spring Mill Lane Regarding the Riverview Medical Project: The following people spoke in favor: Jeff Newman - ]4598 Cherry Ridge Road Jan Macy - 5264 Navajo Way The following people spoke in opposition: Katherine Russell - ]4439 Plymouth Rock Troy Martin - ]4579 White Hall Circle Lori McConnell - 5527 White Hall Way Peter Langowski - 5322 Rippling Brook Robert Christianson - 5133 WoodfieM Drive Stephen Degenhardt - 5579 East 146t~ Street COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Carter made comments regarding the need for "Be Prepared to Stop" flashing signs on Keystone th Avenue. He referenced a recent fatality at Keystone and 106 Street. Mayor James Brainard commented on the City not having jurisdiction on Keystone Avenue. Councilor Koven made comments regarding an Ordinance having a Public Hearing in conjunction with the First Reading. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Rundle moved to approve the claims in the amount of $518,692.06 and 1,023,712.95. 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 scheduled meeting is August 14, 2003 at 7:00 p.m. 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 meeting is scheduled on August 14, 2003. Councilor Carter stated that the Parks 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 met today at 10:00 a.m. Discussion on Ordinance D1634-03 that is on the agenda this evening received a favorable recommendation by the committee. Ordinance D 1617-03 will come to the Council on August 18, 2003 and Ordinance D 1625-03 will come to the Council on September 15, 2003. Councilor Koven stated that the Rules Committee has not met. Future meetings of the Committee will be scheduled only as needed. 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. D-1607-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 20I: AG-1 Agricultural District to the Carmel/Clay Zoning Ordinance. Council President Snyder commented on withdrawing the Ordinance. Councilor Wilson moved to withdraw the Ordinance. Councilor Koven seconded. Ordinance D-1607-02 was withdrawn. Council President Snyder announced the Second Reading of Ordinance No. D-1634-03; Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 9, Section 8-120 of the Carmel City Code (Meridian Corners Boulevard/131st Street). Councilor Carter gave a brief explanation. There was Council discussion. Ordinance No. D-1634-03 was approved by a vote of 7-0. Council President Snyder announced the Second Reading of Ordinance No. Z-409-03: Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Clarian North Hospital Campus Planned Unit Development District. There was Council discussion. Karl Haas, Attorney for the Carmel Redevelopment Committee (CRC) spoke regarding the agreement between Clarian and the CRC. Joseph Scimia, Attorney for Clarian Health Partners provided Council with an update on the plan. Councilor Rundle moved to return the Ordinance to the Annexation and Land Use Committee pending signatures being affixed to all the documents in question. Councilor Battreall seconded. Motion failed 3 - 4. Council President Snyder; Councilors; Wilson, Kirby and Koven were opposed. There was more Council discussion. Joseph Scimia stated that they were prepared to sign the agreement this evening if exhibits were attached. Mr. Silver stated that he is satisfied with the amended site plan. Karl Haas said that the agreement, CRC Economic Development Plan, as it stands meets most of the perimeters presented to him by the CRC. He would recommend that the CRC approve the agreement, but it is subject to the approval of the CRC. Councilor Rundle moved to approve contingent upon the execution of the Economic Development Plan Agreement between the Carmel Redevelopment Commission and Clarian Health Partners. Councilor Wilson seconded. The motion to act on the Ordinance with contingency was approved 7 - 0. Ordinance No. Z-409-03 was approved by a vote of 5-2 with contingency. Councilors Carter and Battreall were opposed. The Council was recessed at 8:55 p.m. and resumed at 9:11 p.m. -- Council President Snyder announced the Second Reading of Ordinance No. Z-410-03: Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Riverview Medical Park Planned Unit ' Development District. Charlie Frankenberger, Attorney representing Plum Creek Partners, LLC explained the plan. There was Council discussion. Council President Snyder called for the question. Ordinance No. Z-410- 03 was approved by a vote of 5-2. Councilors Koven and Carter were opposed. PUBLIC HEARINGS Council President Snyder announced the First Reading of Ordinance No. D-1639-03; 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's Budget from the General Fund Operating Balance ($85,000.00). Councilor Carter moved into business. Councilor Wilson seconded. Councilor Carter gave a brief summary. Council President Snyder opened the matter for Public Hearing at 9:46p. m. Seeing no one wished to speak, Council President Snyder closed the Public Hearing at 9:46:30p. m. There was Council discussion. Ordinance No. D-1639-03 was referred to the Finance Committee. Council President Snyder announced the First Reading of Ordinance No. D-1642-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Vacating a Portion of Walter's Street and a Frontage Road __ Along U.S. 31. Councilor Rundle moved into business. Councilor Battreall seconded. Mike Howard, ~ Attorney for Hamilton County, gave a brief summary. Council President Snyder opened the matter for Public Hearing at 9:55 p.m. Seeing no one wished to speak, Council President Snyder closed the Public Hearing at 9:55:30p. m. There was Council discussion. Councilor Kirby moved to suspend the rules and not send to committee but act on Ordinance tonight. Councilor Battreall seconded. Ordinance No. D-1642-03 was approved 7 - 0. Council President Snyder announced the First Reading of Ordinance No. Z-405-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Two Parcels Adjacent to the Danbury Subdivision from the R-i/Residence District Classification to the P-1 (Parks & Recreation District Classification). Councilor Wilson moved into business. Councilor Battreall seconded. Councilor Wilson gave a brief summary. Council President Snyder opened the matter for Public Hearing at 9:59 p.m. Al Koeske - 14208 Joshua Drive spoke in favor of the Ordinance. Seeing no one else wished to speak, Council President Snyder closed the Public Hearing at 9:59:45: p.m. -- There was Council discussion. Ordinance No. Z-405-03 was referred to the Annexation and Land Use Committee. i--- Council President Snyder announced the First Reading of Ordinance No. Z-406-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Property Located along the i South Side of 146th Street, 1/16 Mile East of Dublin Drive from the B-5/Business District Classification to the R-4/Residence District Classification). Councilor Wilson moved into business. Councilor Battreall seconded. Councilor Wilson gave a brief summary. Council President Snyder opened the matter for Public Hearing at ]0.'0] p.m. Al Koeske - 14208 Joshua Drive spoke in favor of the Ordinance Seeing no one else wished to speak, Council President Snyder closed the Public Hearing at 10.'09 p.m. There was Council discussion. Ordinance No. Z-406-03 was referred to the Annexation and Land Use Committee. Council President Snyder announced the First Reading of Ordinance No. Z-412-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Establish Chapter 201: P-2/Parks & Recreation District to Accommodate Parks, Historic Sites and Living History Museum. Councilor Wilson moved into business. Councilor Battreall seconded. Councilor Wilson gave a brief summary. Council President Snyder opened the matter for Public Hearing at 10.'10 p.m. Seeing no one wished to speak, Council President Snyder closed the Public Hearing at ]O: lO:20 p.m. There was Council discussion. Ordinance No. Z-412-03 was referred to the Annexation and Land Use Committee. NEW BUSINESS: Council President Snyder announced the First Reading of Ordinance No. D-1629-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Courts, For the Year 2004. Councilor Wilson moved into business. Councilor Carter seconded. Council President Snyder gave a brief summary. Ordinance No. D-I629-03 was refer?ed to the Finance Committee. Council President Snyder announced the First Reading of Ordinance No. D-1630-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, For the Year 2004. Councilor Wilson moved into business. Councilor Battreall seconded. Council President Snyder gave a brief summary. Ordinance No. D-1630-03 was referred to the Finance Committee. Council President Snyder announced the First Reading of Ordinance No. D~ 1631-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk Treasurer, City of Carmel, Indiana, For the Year 2004. Councilor Wilson moved into business. Councilor BattreaI1 seconded. Council President Snyder gave a brief summary. Ordinance No. D-1631-03 was referred to the Finance Committee. Council President Snyder announced the First Reading of Ordinance No. D-1643-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-38 of the Carmel City Code (Health Insurance - Retiree). Councilor Carter moved into business. Councilor Battreall seconded. Councilor Carter gave a brief summary. Ordinance No. D-1643-03 was referred to the Finance Committee. Council President Snyder announced the First Reading of Ordinance No. D-1644-03; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-51 of the Carmel City Code (Longevity). Councilor Battreall moved into business. Councilor Carter seconded. Councilor BattrealI gave a brief summary. There was brief Council discussion. Ordinance No. D-1644-03 was referred to the Finance Committee. Council President Snyder announced the First Reading of Ordinance No. D-1645-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Sections 6-50 and 6-65 and Chapter 6, Article 5, Division I, Section 6-75, Division II Section 6-88, Division III, Sections 6-93 and 6-94 and Division VII, Section 6-146 of the Carmel City Code (Barbed Wire and Electric Fences Prohibited). Councilor Rundle moved into business. Councilor Koven seconded. Council President Snyder gave a brief summary. Ordinance No. D-1645-03 was referred to Annexation and Land Use Committee. Council President Snyder announced the First Reading of Ordinance No. Z-417-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Section 10-52 to Chapter 10 of the City of Carmel, Indiana Code of Ordinances. Councilor Rundle moved into business. Councilor Koven seconded. Council President Snyder gave a brief summary. Ordinance No. Z-417-03 was referred to the Annexation and Land Use Committee. Council President Snyder announced the First Reading of Resolution No. 08-04-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, to Amend the Alternative Transportation Plan, a Part of the Carmel/Clay Comprehensive Plan, Chapter 6. Councilor Wilson moved into business. Councilor Carter seconded. Councilor Carter gave a brief summary. There was brief Council discussion. Laurence Lillig answered questions from the Council. Council President Snyder called for the question. Resolution No. 08-04- 03-01was approved 6 - 1. Councilor Koven was opposed. Council President Snyder announced the First Reading of Resolution No. 08-04-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing and Approving the Expenditure of Funds for the Training of 2004 Carmel Common Council. Councilor Wilson moved into business. Councilor Battreall seconded. Councilor Carter gave a brief summary. There was brief Council discussion. Council President Snyder called for the question. Resolution No. 08-04-03-02was approved 5 -2. Councilors Wilson and Koven were opposed. Council President Snyder announced the First Reading of Resolution No. 08-04-03-03; A Resolution of the Common Council of the City of Carmel, Indiana, Concerning Planning and Zoning. Councilor Wilson moved into business. Councilor Koven seconded. Councilor Carter gave a brief summary. There was brief Council discussion. Resolution No. 08-04-03-03 was referred to the Annexation and Land Use Committee. OTHER BUSINESS: Council President S nyder announced the withdrawal of Ordinance No. D-1533-01; An Ordinance of the common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division I, Sections 2-29, 2- 30, 2-31, 2-32 and 2-33 of the Carmel City Code (Indemnification and Defense). Councilor Koven stated that he needed to read the item, but if he had withdrawn sponsorship, then the item should be withdrawn. Ordinance No. D-1533-01withdrawn from consideration. ANNOUNCEMENTS: There were none. ADJOURNMENT: Mayor James Brainard moved to adjourn pending the execution of documents at 10:55 p.m. Respectfully submitted, ~.t./~(.~-~ ~ Deputy Clerk got //¢Ierk-Treasure Co,dray Approved, ATTEST: ~ ~g~L. Cordray, IAMC Sandm M~ Johnson~