HomeMy WebLinkAboutCCM-02-16-04 '"' o arme
o~ o~ ,~e COMMON COUNCIL MEETING
Clerk-Treasurer AGENDA
MONDAY, FEBRUARY 16, 2004 - 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. January 26, 2004 - Regular Meeting
b. February 2, 2004 - 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. Finance, Administration and Rules Committee
b. Land Use, Annexation and Economic Development Committee
c. Parks, Recreation and Arts Committee
d. Utilities, Transportadon and Publ/c Safety Corrrm/ttee
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414
10.
OLD BUSINESS
a. Second Reading of Ordinance No. D-1673-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Adopting and Adding Chapter 4, Article 1, Division III, Section 4-
31 of the Carmel City Code (Private Traffic Control Officers); Sponsor: Councilors Sharp
b. Second Reading of Ordinance No. D-1675-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6-
158(b)(9) and (10) of the Carmel City Code (Rubbish Collection); Sponsor: Councilor Sharp
c. Second Reading of Ordinance No. D~1678-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Adding Chapter 8, Article 7, Section 8-71 to the Carmel City Code
(Compression Release Engine Brakes Prohibited); Sponsor: Councilor Carter
d. Second Reading of Ordinance No. D-1683-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Approving an Amendment to the Lease Between the City of
Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission and
Addressing Matters Related Thereto; Sponsor: Councilor President Carter and Councilor
Sharp
e. Withdrawal 0fOrdinance No. Z-436-03; An Ordinance of the Common Council of the City of
Carmel, Indiana, Rezoning District Classification (Pleasant Grove); Sponsor: Councilor
Rattermann
f. Withdrawal 0fOrdinance No. Z-438-03; An Ordinance of the Common Council of the City of
Carmel, Indiana, Rezoning District Classification (River Heritage); Sponsor: Councilor
Rattermann
11.
PUBLIC HEARINGS
a. Second Reading of Ordinance No. Z-421-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Hazell Landing); Sponsor: Councilor
Ratrermann
b. Second Reading of Ordinance No. Z-422-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Carey Grove); Sponsor: Councilor
Rattermann
c. Second Reading of Ordinance No. Z-423-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Central Park); Sponsor: Councilor
Rattermann
d. Second Reading of Ordinance No. Z-424-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Cherry Tree); Sponsor: Councilor
Rattermann
e. Second Reading of Ordinance No. Z-425-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezon/ng D/strict Classification (Founders); Sponsor: Councilor
Rattermann
f. Second Reading of Ordinance No. Z-426-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Monon North and South); Sponsor:
Councilor Rattermann
Second Reading of Ordinance No. Z-427-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Flowing Well); Sponsor: Councilor
Rattermann
Second Reading of Ordinance No. Z-428-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezonmg District Classification (West Park); Sponsor: Councilor
Rattermann
Second Reading of Ordinance No. Z-429-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Inlow Park); Sponsor: Councilor
Rattermann
Second Reading of Ordinance No. Z-430-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification CRiver Trail); Sponsor: Councilor
Rattermann
Second Reading of Ordinance No. Z-431-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Lenape Trace); Sponsor: Councilor
Rattermann
Second Reading of Ordinance No. Z-432-05; An Orclknance of the Common Council of the
City of Carmel, Indiana, Rezon/ng District Classification (Meadowlark); Sponsor: Councilor
Rattermann
Second Reading of Ordinance No. Z-455-05; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Monon Trails); Sponsor: Councilor
Rattermann
Second Reading of Ordinance No. Z-457-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezorfing District Classification (Prairie Meadow); Sponsor:
Councilor Rattermann
Second Reading of Ordinance No. Z-459-03; _An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezomng District Classification (Carmelot); Sponsor: Councilor
Rattermann
12. NEW BUSINESS
13.
14.
OTHER BUSINESS
a. Council Appoinm~ent to the Economic Development Committee; Council President Carter
b. Notification of Outstanding Checks for Fiscal Years 2000-2001; Diana L. Cordray
ANNOUNCEMENTS
! 5. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
MONDAY, FEBRUARY 16, 2004 - 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBERS PRESENT:
Council President Ron Carter; Council Members }Lick Sharp, Kevin I~-hrby, Brian Mayo, Joe Gri£fiths, Fred
Glaser and Mark Rattermann; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Ga]lagher
were also present.
Mayor James Brainard was absent.
Council President Carter called the meeting to order at 7:01 p.m.
-- Councilor Mayo pronounced the Invocation.
Council President Carter led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
Council President Carter presented recently retired Lieutenant Bill Collins of the Carmel Police Department
with the Rangelme Pioneer Award for over 27 years of service to the City of Carmel.
APPROVAL OF MINUTES:
Councilor Sharp moved to approve the Minutes of the January 26, 2003 Regular Meeting. Councilor
Rattermann seconded. Councilor Rattermann corrected a scrivener's error on Pages Three and Five. The
Minutes were approved, as amended, 7-0.
Councilor Sharp moved to approve the Minutes of the February 2, 2004 Regular Meeting. Councilor
Rattermann seconded. Councilor Sharp corrected a scrivener's error on Page Two. The Minutes were
approved, as amended, 7-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
There were none.
COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Council President Carter acknowledged the Clerk-Treasurer, Diana Corclray, for her receipt of the Certificate of
Achievement for Excellence in Financial Reporting from the Government Finance Officers of America.
Clerk-Treasurer Cordray asked for Council's consideration of the regular Council meeting date scheduled for
the week of Carmel Spring Break. Council President Carter initiated Council discussion and determined that the
April 5, 2004 Council meeting date will be canceled. An alternative date may be considered closer to the date if
deemed necessary.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Mayo moved to approve total claims in the amount of $2,497,386.31. Councilor Gtiffiths seconded.
Claims were approved 7-0.
COMMITTEE REPORTS:
Council President Carter stated that the Finance, Administration and Rules Committee has not met. The next
regular meeting of the Committee, scheduled for February 26, 2004, has been rescheduled for February 27, 2004
at 8:00 a.m. in the Caucus Room.
Councilor Rattermann reported that the Land Use, Annexation and Economic Development Comrmttee met
on February 12, 2004, at which t/me the Comrmttee continued discussion regarding future annexation areas and
voted unanimously to move forward with the annexation of Clay Southwest and Home Place. The next regular
meeting of the Land Use, Annexation and Economic Development Committee is scheduled for March 11, 2004
at 7:00 p.m. in the Caucus Room.
Councilor Sharp stated that the Parks, Recreation and Arts Committee has not met. The next regular meeting
of the Committee is scheduled for March 9, 2004, at 8:00 a.m.
Councilor ICdrby reported that the Utilities, Transportation and Public Safety. Cormmttee met on February 9,
2004, at which time the Committee determined its recommendations to Council on three pending matters.
Councilor Kirby advised a detailed report will be provided on each item as it appears on the Agenda. The next
regular meeting of the Utilities, Transportation and Public Safety, Committee is scheduled for March 8, 2004 at
5:00 p.m.
OLD BUSINESS:
Council President Carter announced the Second Reading of Ordinance No. D-1673-04: An Ordinance of the
--Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 4, Article 1, Division III,
Section 4-3i of the Carmel City Code (Private Traffic Control Officers). Councilor Sharp presented this matter
to Council. Councilor Kirby provided recommendations of the Committee to approve the document xvith
proposed amendments. Douglas Haney, City Attorney, explained details of amendments together with
Councilor IGrby. There was extensive Council discussion. Councilor Kirby moved to amend as written.
Councilor Sharp seconded. The motion to amend was approved 7-0. Ordinance No. D-1673-04 xvas approved,
as amended, 7-0.
Council President Carter announced the Second Reading of Ordinance No. D-1675-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6-
15802)(9) and (10) of the Carmel City Code (Rubbish Collection). Councilor Sharp presented this matter to
Council. Councilor I~rby advised that the Committee's report was a negative recommendation to the full
Council by a vote of 1-2. There was extensive Council discussion. Upon call for the question, Ordinance No.
D-1675-04 FAILED by a vote of 1-6. Councilors Kirby, Mayo, Griffiths, Glaser, Rattermann and Council
President Carter voted in the opposition.
Council President Carter announced the Second Reading of Ordinance No. D-1678-04: An Ordinance of the
Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 7, Section 8-71 to the Carmel City
Code (Compression Release Engine Brakes Prohibited). Council President Carter presented this matter to
Council. Councilor IGrby advised that the Committee's report was a negative recommendation to the full
Council by a vote of 0-3. There was brief Council discussion to look into other options. Ordinance No. D-
1678-04 FAILED by a vote of 0-7.
Council President Carter announced the Second Reading of Ordinance No. D-1683-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Approving an Amendment to the Lease Bet~veen the City of
Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission and Addressing Matters
__Related Thereto. Councilor Sharp presented tl'fis matter to Council. There was discussion. Ordinance No. D-
1683-04 was approved 7-0.
Council President Carter presented Ordinance No. Z-436-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Pleasant Grove) and advised that this matter has been
~vithdrawn by the sponsor. Ordinance No. Z-436-03 was WITHDRAWN.
Council President Carter presented Ordinance No. Z-438-03; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (River Heritage) and advised that d]is matter has been
withdrawn by the sponsor. Ordinance No. Z-438-03 was WITHDRAWN.
PUBLIC HEARINGS:
Council President Carter announced the Second Reading of Ordinance No. Z-421-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezonmg District Classification (Hazei1 Landing Park).
Council President Carter presented this matter to Council and opened the matter for Public Hearing at 8:03
p.m. Seeing no one who wished to speak, the Public Hearing was closed at 8:04. There was no Council
discussion.
Councilor Shas~ moved to delay the vote on Items Ila through llo, Ordinance Nos. Z-421-03 through Z439-03, hold the
Public Heaffngfor each individually, then return to vote on all items together. Coundlor Mayo seconded. The motion mas approved
by a vote (7-0.
Council President Carter announced the Second Reading of Ordinance No. Z-422-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoding District Classification (Care3' Grove Park). Council
President Carter presented this matter to Council and opened the matter for Public Hearing at 8:07 p.m. Seeing
no one who wished to speak, the Public Hearing was dosed at 8:08. There was no Council discussion.
Coundlor Rattermann provided a b~ief summa~y of the need for the reclassification of P- I for Carmel's green4~ace.
3
Council President Carter announced the Second Reading of Ordinance No. Z-423-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Central Park). Council
President Carter presented this matter to Council and opened the matter for Public Hea~mg at 8:09 p.m. Seeing
no one who wished to speak, the Public Hea£mg was closed at 8:10. There was no Council discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-424-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Cherry Tree Park). Council
President Carter presented this matter to Council and opened the matter for Public Hearing at 8:10 p.m. Seeing
no one who wished to speak, the Public Healing was closed at 8:11. There was no Council discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-425-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Founders Park). Council
President Carter presented this matter to Council and opened the matter for Public Healing at 8:12 p.m. Seeing
no one who wished to speak, the Public Hearing was closed at 8:12:30. There was no Council discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-426-03; An Ordinance of the
Common Council of the City of Carmei, Indiana, Rezoning District Classification (Morion North and South).
Council President Carter presented this matter to Council and opened the matter for Public Hearing at 8:13
p.m. Se(rog no one who wished to speak, the Public Heating was dosed at 8:I3:30. There was no Council
discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-427-03; An Ordinance of the
-- Common Council of the City of Carmel, Indiana, Rezoning District Classification (Flo-c/mg Well Park). Council
President Carter presented this matter to Council and opened the matter for Public Hexffmg at 8:14 p.m. Seeing
no one who wished to speak, the Pubhc Hearing was closed at 8:14:15. There was no Council discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-428-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (West Park). Council
President Carter presented this matter to Council and opened the matter for Public Hea£mg at 8:14:30 p.m.
Se(rog no one who wished to speak, the Public Hearing was closed at 8:15. There was no Council discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-429-03; An Ordinance of the
Common Cotmcil of the City of Carmel, Indiana, Rezoning District Classification (Inlow Park). Council
President Carter presented this matter to Council and opened the matter for Public Heaffmg at 8:i5:15 p.m.
Seeing no one who wished to speak, the Public Hearing was closed at 8:15:30. There was no Council
discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-430-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (River Trail Park). Council
President Carter presented this matter to Council and opened the matter for Public Hea£mg at 8:15:45 p.m.
Se~mg no one who wished to speak, the Public Hearing was closed at 8:16. There was no Council discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-431-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Lenape Trace Park). Council
President Carter presented this matter to Council and opened the matter for Publ/c Heaffmg at 8:16:30 p.m.
Seeing no one who wished to speak, the Public Hearing was closed at 8:17. There was no Council discussion.
--Council President Carter announced the Second Reading of Ordinance No. Z-432-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Meadowlark Park). Council
President Carter presented fids matter to Council and opened the matter for Public Hearing at 8:18 p.m. Se(rog
no one who wished to speak, the Public Hea~mg was closed at 8:18:30. There was no Council discussion.
4
Council President Carter announced the Second Reading of Ordinance No. Z-435-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Month Trail). Council
President Carter presented this matter to Council and opened the matter for Public Hearing at 8:18:45 p.m.
Seeing no one who wished to speak, the Public Hea£mg was closed at 8:19. Counc//or Rattermann
recommended this matter be withdrawn. Ordinance No. Z-435-03 was WITHDRAWN.
Council President Carter announced the Second Reading of Ordinance No. Z-437-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Prairie Meadow Park).
Council President Carter presented this matter to Council and opened the matter for Public Hearing at 8:19:15
p.m. Seeing no one who wished to speak, the Public Hea~mg was closed at 8:19:30. There was no Council
discussion.
Council President Carter announced the Second Reading of Ordinance No. Z-439-03; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Carmelot Park). Council
President Carter presented this matter to Council and opened the matter for Public Healing at 8:19:45 p.m.
Seeing no one who wished to speak, the Public Hearing was closed at 8:20. There was no Council discussion.
Councilor Sharp moved for approval of Items 11a through 11o, excluding Item 11m, as read. Count/or Ratte~ann seconded.
Ordinance Nos. Z421-03 thro~h Z43Y-03, excluding Ordinance No. g435-03, mere approved 7-0.
NEW BUSINESS:
Councilor Shmp moved to add Ordinance No. D-1685-04 to the ~tgenda. Count/or Kirb~v seconded. The motion was approved
7-0.
Council President Carter announced the First Reading of Ordinance No. D-1685-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, to Repeal Ordinance No. D-1619-03, and read aloud a
Memorandum explaining the purpose for this item, dated February 12, 2004. A copy of this Memorandum is
included as an attachment to the original Minutes of this meeting. Councilor Glaser moved to introduce this
matter into business. Councilor Rattermann seconded. Councilor Glaser read aloud the Ordinance as written.
There was Council discussion. Councilor Sharp moved to amend Paragraph Four, I~mes One and Four, snfildng
"the" when refer£mg to the mining Ordinance and replace with "a". Councilor Rattermann seconded. The motion
to amend was approved 7-0. Councilor Sharp then moved to suspend the rules to vote on this matter this
evening. Councilor Rattermann seconded. There was brief Council discussion. Councilor Sharp further moved
to include in his original motion the suspension of the rules sending this matter to Committee. Councilor
Rattermann seconded. The motion to suspend the rules sending this matter to Committee and to vote on this
item this evening was approved by a vote of 7-0. Ordinance No. D-1685-04 was approved, as amended, 7-0.
OTHER BUSINESS:
Council President Carter opened the floor for nominations for a Council Appointment to the Econom/c
Development Cormmttee. There were none. Therefore, Council President Carter addressed the community for
any interested persons to submit a resume for consideration of this appointment to Council.
__ Clerk-Treasurer Diana Cordray presented Outstanding Checks for FiscaI Years 2000-2001 to Council pursuant
~to I.C. 5-I1-10.5. There was brief discussion concerning the purpose of this matter.
5
ANNOUNCEMENTS:
There were none.
ADIOURNMENT:
Council President Carter moved to adjourn, pending the execution of documents. The meeting was adjourned
at 8:59 p.m.
Respectfully submitted,
Clerk-Treasurer Diana L. Cor~/a% IAMC
Approved,
ames Brainard
ATTEST:
\
Clerk-Treasurer Diana L.~ordra~y MC
02/02/04 CC Mint~tes
6
J~s B~a~D, lV~¥oR
February 12, 2004
To'
Carmel City Council
Diana L. Cordray, IAMC, Clerk-Treasurer
From: Douglas Haney
Michael Hollibaugh
Copy: James Brainard, Mayor
RE: Add-on item - proposed D-1685-04
Attached for your consideration is proposed ordinance D-1685-04, which would
repeal the City's existing ordinance D-1619-03, which is also known as "the mining
ordinance". This ordinance is before to you as an add-on to your February 16, 2004
agenda because certal.n pending legal matters make it prudent, in our opinion, to repeal
the City's existing mining ordinance immediately.
Such a repeal would give DOCS and the Legal Department the ability to
concentrate their efforts entirely on drafting a replacement ordinance, without at the same
time being forced to expend considerable time and money litigating the legality of an
existing mining ordinance whose utility is negligible, at b~st, because the City is
cu~ently enjoined from enforcing it. We had hoped to have our replacement ordinance to
you on the same date on which we asked you to consider the repeal of the existing mining
ordinance. However, due to the complexity of this matter, we will not be able to have our
replacement ordinance to you until on or about March 1, 2004.
Given the existence of several pending discovery matters pertaining to the
existing mining ordinance, and a March 25, 2004 court hearing on the future enforcement
of that ordinance, we feel that it is in the City's best interests to proceed forward with the
repeal of the existing mining ordinance at this time and to consider the enactment of a
replacement ordinance in the near future. Thank you for your kind consideration of this
request.
DEPARTMENT OF COMMUNITY SE2RVICES
ONE CIVIC SQUARE, CA~M~, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLIBAUGH, DIRECTOR