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HomeMy WebLinkAboutCCM-09-15-03 Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA City of Carmel MONDAY, September 15, 2003 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. August 18, 2003 - Regular Meeting b. August 25, 2003 - Special Meeting c. August 28, 2003 - Special Meeting d. September 3, 2003 - Special 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 a. Administration Committee b. Annexation and Land Use Committee c. Economic Development Committee d. Finance Committee e. Parks and Recreation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 Public Safety Committee Rules Committee Utilities and Transportation Committee 10. OLD BUSINESS a. Second 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 (Agricultural District); Sponsor: Council President Snyder b. Second Reading of Ordinance No. D-1648-031 An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations and Tax Rates for the 2004 Budget ($56,266,158.00); Sponsor: Council President Snyder c. Second Readin~ of Ordinance No. D-1651-031 An Ordinance of the Common Council of the City of carm'el, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel (Second Quarter); Sponsor.: Council President Snyder d. Second Reading of Ordinance No. Z-405-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Danbury Subdivision); Sponsor: Councilor Wilson e. Second Reading of Ordinance No. Z-406-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (146th Street 1/16 mile East of Dublin Drive); Sponsor: Councilor Wilson f. Second Reading of Ordinance No. Z-412-03; An Ordinance of the Common Council of the City of Carmel, Indiana, To Establish Chapter 20I: P-2/Park & Recreation District To Accommodate Parks, Historic Sites and Living History Museums; Sponsor: Councilor Wilson 11. PUBLIC HEARINGS a. Ordinance No. D-1649-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission, and Addressing Matters Related Thereto; Sponsor: Councilor Kirby b. Ordinance No. D-1652-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Police Department Budget from the General Fund Operating Balance to Pay for the "Keystone Avenue Enforcement Program"; ($31,000.00); Sponsor: Councilor Battreall c. First Reading of Ordinance No. Z418-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Town homes at Hunter's Creek Planned Unit Development District; Sponsor: Councilor Wilson 12. NEW BUSINESS a. First Reading of Ordinance No. D-1650-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 2, Section 2-129, of the Carmel City Codes (Copying of Accident Reports); Sponsor: Councilor Battreall b. First Reading of Ordinance No. D-1653-03; An Ordinance of the Common Council of the City of Carmel, Indiana Adding Section 3-33 to Chapter 3 of the City of Carmel, Indiana Code of Ordinances; Sponsor: Councilor Koven c. Resolution No. CC-09-15-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, Designating 11460 North Meridian Street as an Economic Revitalization Area (Zotec Solutions, Inc.); Sponsors: Council President Snyder, Councilor Kirby d. Resolution No. CC-09-15-03-03; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing an Appeal for an Excessive Property Tax Levy. Sponsor: Councilor Wilson e. Resolution No. CC-09-15-03-04; A Resolution of the Common Council of the City of Carmel, Indiana, Concerning Planning and Zoning; Sponsors: Council President Snyder OTHER BUSINESS ANNOUNCEMENTS 14. 16. EXECUTION OF DOCUMENTS ADJOURNMENT COMMON COUNCIL MEETING MINUTES MONDAY, SEPTEMBER 15, 2003 - 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Luci Snyder; Council Members Kevin Kirby, John Koven, Bob Battreall, Norm Rundle, Ron Carter and Wayne Wilson; Clerk-Treasurer, Diana Cordray and Deputy Clerk- Treasurer Came Gallagher. Mayor Brainard called the meeting to order at 7:00 p.m. Councilor Wilson pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented a Proclamation to Jane Klotz, President, and Elizabeth Howard, Chapter Historian, of --the Carolyn Scott Harrison Chapter of the Daughters of the American Revolution (DAR) recognizing September 17 - 23, 2003 as Constitution Week. APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the August 18, 2003 Regular Meeting. Councilor Wilson seconded. A scrivener's error was noted. The Minutes were approved 7-0. Councilor Rundle moved to approve the Minutes of the August 25, 2003 Special Meeting. Councilor Wilson seconded. Councilor Rundle noted a correction on Page 2. The Minutes were approved, as amended, 6-0. Councilor Battreall abstained since he was not present at the meeting. Councilor Rundle moved to approve the Minutes of the August 28, 2003 Special Meeting. Councilor Carter seconded. The Minutes were approved 5-0. Councilors Koven and Wilson abstained since they were not present at the meeting. Councilor Rundle moved to approve the Minutes of the September 3, 2003 Special Meeting. Councilor Wilson seconded. The Minutes were approved 4-0. Councilors Battreall, Carter and Kirby abstained since they were not present at the meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Bill Carrier of 9861 Chesterton, addressed Council regarding a recent article in The Indianapolis Star __concerning annexation; Dean Barkley of 1397 Kingsgate Drive, addressed Council regarding the new proposed bond issue as it pertains ~o the current City debt; Al Koeske of 14208 Joshua Drive, addressed Council in favor of proposed zoning Ordinances to the Danbury -- Susbdivision. 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 $304,094.13 and $1,613,903.48. 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 reported that the Annexation and Land Use Committee met on September 11, 2003, at which time the Committee discussed Ordinance No. D-1647-03 concerning signs and banners. It was recommended that this matter should remain in Committee for fitrther review and consideration before returning to Council for ~ a final vote. The next regular meeting of the Annexation and Land Use Committee is scheduled for October 9, 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 met on August 25, 2003 and September 9, 2003 regarding proposed changes to Ordinance No. D-1649-03, concerning a lease between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission. The next regular meeting of the Committee is scheduled for October 9, 2003, at 9:00 a.m. in the Clerk-Treasurer's Office. Councilor Battreall 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 has not met. The next regular meeting of the Committee is scheduled for October 6, 2003, at 10:00 a.m. in the Caucus Room. 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-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 (Agricultural District). Council President Snyder proposed that this item be withdrawn from the Agenda until such time as a Notice of Public Heating may be published on this matter. Councilor Wilson thereby moved to withdraw. Councilor Rundle seconded. Ordinance No. D-1645-03 was withdrawn by a vote of 7-0. Councilor Rundle then moved to place Item No. 12e, Resolution No. CC-09-15-03-04, as the next matter of discussion and to withdraw such item from the Agenda. Councilor Wilson seconded the motion to move this matter to the next item of discussion on the Agenda. The motion was approved by a vote of 7-0. Council President Snyder explained its relevance to the aforementioned matter and recommended its withdrawal from Council consideration at this time. There was brief Council discussion. Councilor Kirby moved to withdraw the item from the Agenda. Councilor Rundle seconded. Resolution No. CC-09-15-03-04 was withdrawn by a vote of 7-0. Council President Snyder armounced the Second Reading of Ordinance No. D-1648-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations and Tax Rates for the 2004 Budget. Council President Snyder briefly presented this matter to Council. There was extensive discussion. Ordinance No. D-1648-03 was approved by a vote of 6-1, thereby setting the 2004 Budget in the amount of $56,480,350.00. Councilor Koven voted in the opposition. --Council President Snyder announced the Second Reading of Ordinance No. D-1651-03~ An Ordinance of the Connuon Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel (Second Quarter). There was no Council discussion. Ordinance No. D-1651- 0~3 was approved by a vote of 7-0. Council President Snyder announced the Second Reading of Ordinance No. Z-405-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Danbury Subdivision). Councilor Wilson restated this matter to Council. There was brief discussion. Ordinance No. Z-405-03 was approved by a vote of 6-1. Councilor Koven voted in the opposition. Council President Snyder announced the Second Reading of Ordinance No. Z-406-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (146th Street East of Dublin Drive). Councilor Wilson restated this matter to Council. There was brief discussion. Ordinance No. Z-406-03 was approved by a vote of 7-0. Council President Snyder announced the Second Reading of Ordinance No. Z-412-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Establish Chapter 20I: P-2/Park & Recreation District to Accommodate Parks, Historic Sites and Living History Museums. Councilor Wilson briefly summarized this matter to Council, restating that this item received a unanimous vote by the Committee against its approval by the Council. There was extensive discussion. Ordinance No. Z-412-03 was DEFEATED by a vote of 3-4. Council President Snyder and Councilors Koven, Rundle and Wilson voted in the opposition. PUBLIC HEARINGS Council President Snyder aunounced the Second Reading of Ordinance No. D-1649-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission, and Addressing Matters Related Thereto. Councilor Kirby moved to introduce this item into business. Councilor Carter seconded. Councilor Kirby presented this matter to Council. There was extensive Council discussion. Lauren Mathes of Mathes Solutions responded to Council questions and concerns and affirmed that the proposed amendments presented by the Finance Committee were acceptable to all involved. Council discussion continued. Council President Snyder opened the matter for Public Heating at 8:18 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 8:18:30 p.m. Councilor Kirby moved to accept the Ordinance language as amended and including all exhibits. Councilor Wilson seconded. The motion to amend was approved by a vote of 6-1. Councilor Battreall voted against the motion. Ordinance No. D-1649-03 was DEFEATED, as amended, by a vote of 3-4. Council President Snyder and Councilors Battreall, Koven and Wilson voted in the opposition. Council President Snyder announced the First Reading of Ordinance No. D-1652-03: An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds to the Police Department Budget from the General Fund Operating Balance to Pay for the "Keystone Avenue Enforcement Program" ($31,000.00). Councilor Kirby moved to introduce this item into business. Councilor Wilson seconded. Councilor Battreall presented this matter to Council Chief Michael Fogarty provided additional information concerning this request on behalf of his department and responded to Council questions and concerns. There was extensive Council discussion. Councilor Kirby proposed a Directed Patrols __ Fund/Line Item to be considered in this matter. Discussion continued. Council President Snyder then opened the matter for Public Heating at 8;55 p.m. Seeing no one who wished to speak, the Public Heating was closed at 8:55:30 p.m. Council President Snyder referred Ordinance No. D-1652-03 to both the Public Safety and Finance Committees for further review and consideration. Council President Snyder announced the First Reading of Ordinance No. Z-418-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Townhomes at Hunter's Creek Planned Unit Development District. Councilor Kirby moved to introduce this item into business. Councilor Wilson seconded and presented this matter to Council. Jim Shinaver of Nelson & Frankenberger, attorney for the petitioner, provided a brief presentation and responded at Council questions and concerns. Council President Snyder opened the matter for Public Heating at 9:10 p.m. The following person addressed Council regarding this matter: David Lambdin of 13824 Laredo Drive, on behalf of the Hunters Creek South Homeowners Association; Seeing no one else who wished to speak, Council President Snyder closed the Public Heating at 9:12 p.m. and referred Ordinance No. Z-418-03 to the Annexation and Land Use Committee for further review and consideration. NEW BusI~SS Council President Snyder announced the First Reading of Ordinance No. D-1650-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 2, Section 2-129, of the Carmel City Code (Copying of Accident Reports). Councilor Battreall moved to introduce this item into business. Councilor Wilson seconded. Councilor Battreall presented this matter to Council and moved to suspend the roles sending this matter to Committee and to vote on this item this evening. Councilor Kirby seconded the motion to suspend the roles. The motion was approved by a vote of 7-0. Ordinance No. D-1650-03 was approved by a vote of 7-0. Council President Snyder announced the First Reading of Ordinance No. D-1653-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Section 3-33 to Chapter 3 of the Carmel City Code. Councilor Koven moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven presented this matter to Council by reading aloud the document for consideration and proposed that the roles be suspended. There was brief Council discussion. Councilor Koven moved to suspend the rules sending this matter to Committee and to vote on this item this evening. Councilor Battreall seconded. The motion to suspend the rules, requiring a unanimous vote by the Council, FAILED by a vote of 4-3. Council President Snyder and Councilors Carter and Rundle voted against the motion. Councilor Snyder then referred Ordinance No. D-1653-03 to the Rules Committee for further review and consideration. Council President Snyder announced Resolution No. CC-09-15-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, Designating 11460 North Meridian Street as an Economic Revitalization Area (Zotec Solutions, Inc.). Councilor Battreall moved to introduce this item into business. Councilor Wilson seconded. Council President Snyder presented this matter to Council. Larry Gigerich of GINOVUS provided a --brief presentation and responded to Council questions and concerns. There was extensive discussion. Resolution No. CC-09-15-03-01 was approved by a vote of 7-0. Council President Snyder announced Resolution No. CC-09-15-03-03; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing an Appeal for an Excessive Property Tax Levy. Councilor Carter moved to introduce this item into business. Councilor Battreall seconded. Councilor Wilson presented this matter to Council. There was brief discussion. Resolution No. CC-09-15-03-03 was approved by a vote 0£7-0. Council President Snyder announced Resolution No. CC-09-15-03-04; A Resolution of the Common Council of the City of Carmel, Indiana, Concerning Planning and Zoning. This matter was moved to the head of the Agenda and withdrawn from official business. OTHER BUSINESS: There was Council discussion concerning the cancellation of the next regular scheduled meeting date of October 6, 2003, considering that date is a holiday observing Yom Kippur. Due to the extensive amount of business to be considered by Council at this time, the next regular meeting date will remain, as scheduled, on October 6, 2003, at 7:00 p.m. in Council Chambers. ANNOUNCEMENTS: There were none. ADJOURNMENT: Council President Snyder mined the meeting over to the Mayor for adjournment. Mayor Brainard moved to adjourn pending the execution of documents at 9:43 p.m. Respectfully submitted, Clerk-Treasurer, Diana L. Co~aa~ / Approved, ATTEST: Clerk~-Treasurer, Diana L. Cordray, I)~IC - (/ 09/15/03 CCM