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HomeMy WebLinkAboutCCM-11-17-03Office of the Clerk.Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, NOVEMBER 17, 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. November 3, 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 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 Reading of Ordinance No. D-1653-03; An Ordinance of thc 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 b. Second Reading of Ordinance No. D-1656-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds From the Parks Capital Fund Operating Balance ($172,261.70); Sponsor: Councilor Carter c. Second Reading of Ordinance No. D-1658-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Carmel Housing Authority Fund; Sponsor: Council President Snyder d. Second Reading of Ordinance No. Z-415-03~ An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Appendix A: Schedule of Uses Into the Carmel/Clay Zoning Ordinance and Amending All Sections Affected Thereby; Sponsor: Councilor Wilson e. Second Reading of Ordinance No. Z-416-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Those Sections of the City of Carmel and Clay Township Zoning Ordinance Setting Forth Definitions of Terms; Sponsor: Councilor Wilson f. Second Reading of Ordinance No. Z-419-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Carmel/Clay Zoning Ordinance Concerning the Filing Fees to be Collected by the Department of Community Services; Sponsor: Councilor Wilson g. Second Reading of Ordinance No. Z-420-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Morion Patio Homes Planned Unit Development District; Sponsor: Councilor Wilson 11. PUBLIC HEARINGS Second Reading of Ordinance No. C-261; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, and Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel; Sponsor(s): Council President Snyder and Councilors Koven and Wilson (Public Hearing held open from November 3, 2003 Council Meeting) 12. NEW BUSINESS a. First Reading of Ordinance No. D-1657-03; An Ordinance the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2004; Sponsor: Councilor Kirby b. First Reading of Ordinance No. D-1659-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-22 of the Carmel City Code (Pennsylvania Street); Sponsor: Council President Snyder 13. 14. 15. 16. First Reading of Ordinance No. D-1660-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Ordinance Nos. D~1629-03 and D-1630-03 (2004 Salary Ordinances); Sponsor: Councilor Carter OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 17, 2003 - 7:00 P.M. COUNCIL CHAMBERS ! CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor lames Brainard; Council President Luci Snyder; Council Members Kevin Kirby, John Kovcn, Norm Rundle, Ron Carter and Wayne Wilson; Deputy Clerk-Treasurer Cande Gallagher was also present. Clerk-Treasurer Diana Cordray and Councilor Bob Battreall were absent. Mayor Brainard called the meeting to order at 7:03 p.m. There was no Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the November 3, 2003 Regular Meeting. Councilor Koven seconded. Councilor Rundle moved to amend the Minutes by deleting "however, due to a misunderstanding of the rules, the motion was not passed and" from line nine of the last paragraph on page three. Councilor Koven seconded. The motion to amend was approved by a vote of 6-0. The Minutes were approved, as amended, 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Council President Snyder reviewed a list of City services that will be available to Clay Township residents being annexed into the City of Carmel and advised that the list is available in the Clerk-Treasurer's Office. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Rundl¢ moved to approve claims in thc amount of $7015,715.815 and $325,412.59. Wilson seconded. Claims were approved t5-0. Councilor 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 November 13, 2003, at which time the Committee reviewed Ordinance Nos. Z-415-03, Z-416-03 and voted 2-0 in favor of their recommendation for approval to Council. The Committee also considered Ordinance No. Z-420-03 and provided a 1-0 vote in favor of its passage as well, with one member abstaining from that vote. The next regular meeting of the Committee is scheduled for December 11, 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 reported that the Finance Committee met on November 13, 2003, at which time the Committee reviewed Ordinance Nos. D-1656-03, D-1658-03 and Z-419~03. The Committee provided a --2-0 vote in favor of each item's passage to Council. The next regular meeting of the Committee is scheduled for December 11, 2003, at 9:00 a.m. in the Clerk-Treasurer's Office. Councilor Carter stated that the Parks and Recreation Committee has not met. The next regular meeting of the Committee, scheduled for May 5, 2003, at 3:30 p.m. in the Caucus Room, is canceled. councilor Wilson reported that the Public Safety Committee met on November 17, 2003, at which time the Committee discussed the request for speed humps on Emerson Road and determined that the need is not essential at this time. The Committee also considered the request by Clay Township to join the City's Reverse 911 System and determined that the annexations currently under process would cover the majority of those areas not presently covered by the system; therefore, there would be no point to do so at this time. The next regular meeting of the Committee is scheduled for December 1, 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, scheduled for November 28, 2003, at 8:00 a.m. in the Caucus Room, is canceled due to the holiday. 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-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 (Public Hearings). Council President Snyder reviewed this matter with Council. There was extensive discussion. Councilor Koven presented the proposed amendments to the document. Council determined that the original document was sufficient for the purpose. Council President Snyder called for the question on the Ordinance, as written. Ordinance No. D-1653-03 was approved 5-1. Councilor Carter voted in the opposition. Council President Snyder announced the Second Reading of Ordinance No. D-1656-03; An Ordinance of the Common Council of the City of Cannel, Indiana, Providing for an Additional Appropriation of Funds From the Parks Capital Fund Operating Balance ($172,261.70). Councilor Carter presented this matter to Council. There was brief discussion. Ordinance No. D-1656-03 was approved 6-0. Council President Snyder announced the Second Reading of Ordinance No. D-1658-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Carmel Housing Authority Fund. Council President Snyder presented this matter to Council. There was no discussion. Ordinance No. D- 1658-03 was approved 6-0. Council President Snyder announced the Second Reading of Ordinance No. Z-415-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Appendix A: Schedule of Uses Into the Carmel/Clay Zoning Ordinance and Amending All Sections Affected Thereby. Councilor Wilson presented this matter to Council. There was brief discussion. Ordinance No. Z-415-03 was approved 6~0. Council President Snyder announced the Second Reading of Ordinance No. Z-416-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Those Sections of the City of Carmel and Clay Township Zoning Ordinance Setting Forth Definitions of Terms. Councilor Wilson presented this matter to Council. There was no discussion. Ordinance No. Z-416-03 was approved 6-0. Council President Snyder announced the Second Reading of Ordinance No. Z-419-03; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Carmel/Clay Zoning Ordinance Concerning the Filing Fees to be Collected by the Department of Community Services. Council President Snyder presented this matter to Council. There was no discussion. Ordinance No. Z-419-03 was approved 6-0. Council President Snyder announced the Second Reading of Ordinance No. Z-420-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Monon Patio Homes Planned Unit Development District. Council President Snyder reviewed this matter with Council and reminded them of the Annexation and Land Use Committee vote of one member in favor with one member abstaining. There was brief Council discussion. Joe Scimia, Attorney for Petitioner, Hearthview Residential LLC, responded to Council concerns as well as Jun Dobosiewicz of the Department of Community Services. There was extensive Council discussion. Mr. Scimia advised of the Petitioner's willingness to provide additional language in the Declaration submitted upon purchase as Commitment No. 6. Discussion continued. Council President Snyder called for the question. Councilor Kirby moved to approve the document, contingent upon the inclusion of the stated language in a Declaration submitted as Commitment No. 6. Councilor Carter seconded. Ordinance No. Z-420-03 was approved 5-1. Councilor Koven voted in the opposition. PUBLIC HEARINGS: Council President Snyder announced the Second Reading of Ordinance No. C-261; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, and Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel; (Public Hearing held open from November 3, 2003 Council Meeting). Councilor Koven presented this matter to Council and advised that the awaited paperwork has been received from Lowe's. Therefore, Council President Snyder commenced the Public Hearing on this matter, re-opening at 8:07 p.m. Seeing no one who wished to speak on this matter, the Public Hearing was closed at 8:07:30. Councilor Kirby moved to approve with Councilor Wilson seconding the motion; however, Council was advised that this matter could not be voted on until the meeting of Council on December 1, 2003, according to State Code. Therefore, Ordinance No. C-261 will return for a Third Reading on December 1, 2003. NEW BUSINESS: Council President Snyder announced the First Reading of Ordinance No. D-1657-03; An Ordinance the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2004. Councilor Kirby moved to introduce this item into business. Councilor Wilson seconded. Councilor Kirby presented this matter to Council. There was no discussion. Councilor Rundle moved to suspend the rules sending this matter to Committee. Councilor Wilson seconded. Ordinance No. D-1657-03 will return to the next, regular meeting of Council on Dece~nber 1, 2003. --Council President Snyder announced the First Reading of Ordinance No. D-1659-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-22 of the Carmel City Code (Pennsylvania Street). Councilor Carter moved to introduce ti'tis item into business. Councilor Rundle seconded. Council President Snyder presented this matter to Council. There was no discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee. Councilor Koven seconded. Ordinance No. D-1659-03 will return to the next, regular meeting of Council on December 1, 2003. Council President Snyder announced the First Reading of Ordinance No. D-1660-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Ordinance Nos. D-1629-03 and D-1630-03 (2004 Salary Ordinances). Councilor Carter moved to introduce this item into business. Councilor Wilson seconded. Councilor Carter presented this matter to Council. There was no discussion. Ordinance No. D- 1660-03 was referred to the Finance Committee for further review and consideration. OTHER BUS~X~SS: Councilor Kirby moved to ask the Plan Commission to address the issue of Public Noticing signs on property to be rezoned. Michael Hollibaugh, Director of the Department of Community Services, responded. Councilor Kirby withdrew his motion. There was brief discussion concerning other sign matters. .A2NNOUNCEMENTS: There were none. 4 ADJOURNMENT: Council President Snyder turned the meeting over to Mayor Brainard for adjournment, pending the execution of documents. The meeting was adjourned at 8:18 p.m. Respectfully submitted, Clerk-Treasurer ~y,' IAMC Approved, or Ja~nes Brainard ATTEST: / //, [ Clerk-Treasurer Dmna L. ,C~r ,dxay, IAMC 11/17/03 CC Minutes 5