HomeMy WebLinkAboutCCM-03-15-04 C ty of Carmel
of~ of ~h~ COMMON COUNCIL MEETING
Clerk~Treasurer AGF~NDA
MONDAY, MARCH 15, 2004 - 7:00 P.M.
COUNCIL CHAMBERS / C~TY H~LL / ONE CIVIC SQU~qE
MEETING CALLED To ORDER
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
4. APPROVAL OF MINUTES
a. March 1, 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, Transportation and Public Safety Committee
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571~2414
10.
OLD BUSINESS
a. Second Readin~ of Ordinance No. D-1663-04; An Ordinance of the Common Council of
the City of Carm'~l, Indiana, Amending Chapter 7: Building Code of the Carmel City Code;
Sponsor: Councilor Rattermann
b. Second Readln~ of Ordinance No. D-1690-04; An Ordinance of the Common Council of
the City of Carm~l, Indiana, Amending Chapter 7: Building Code of the Carmel City Code to
Include the Regulation of Residential Siding Materials; Sponsor: Councilor Rattermann
11. PUBLIC HEARINGS
12.
NEW BUSINESS
a. First Reading of Ordinance No. D-1684-04; An Ordhlance of the Common Council of the
City of Carmel, Indiana, Amending Ordinance No. D-1629-03, As Amended (Department of
Law Salaries); Sponsor: Council President Carter
b. First Readln~ of Ordinance No. D-1692-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 6, Article 5, Division I, Section 6-77(I) of the
Carmel City Code (Trash Receptacles); Sponsor: Council President Carter
c. First Reading of Ordinance No. D-1693-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 5, Section 48(d)(4) of the Carmel City Code
(Monon Parking); Sponsor: Councilor Sharp
d. First Reading of Ordinance No. D-1694-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Ordinance No. D-1673-04 Regarding Chapter 4, Article 1,
Division III, Section 4-31 of the Carmel City Code (Private Traffic Control Officers - Perm/ts
Requ/red); Sponsor: Council President Carter
13. OTHER BUSINESS
14. ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
16. ADJOURNMENT
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
'MONDAY, MARCH 15, 2004- 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL'/ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard; Council President Ron Carter; Council Members Rick Sharp, Kevin Ia-Arby, Brian Mayo,
Joe Griffiths, Fred Glaser and Mark Rattermann; Clerk-Treasurer 1Diana Cordray and Depu~~ ClcrkrTreas~er
Carrie Gallagher were also present.
Mayor James Brainaxd called the meeting to order at 7103 p.m.
Mayor Brainard pronounced the' Invocation.
.Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
Mayor Braina~d presented Julie Emswiller, Development Director of Janus Development Services, Inc. with a
Proclamation establishing the month of March as "Disability Axvareness Month".
Mayor Brainard presented Doreen Squire Ficara with the Rangehne Pioneer Award for her service and
dedication in the arts community.
APPROVAL OF MINUTES:
Councilor Rattermann moved to approve the Minutes of the March 1, 2004 Regular Meeting.
Griffiths seconded. The Minutes were approved 7-0.
Councilor
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Lara Chand/er-Belsl9, of ! 100 Sou#) 9~' Street in Noblesvil/e, with Prevail, Inc. addressed Council on behalf of the
Domestic Violence Task Force of Hamilton Count3, and requested the sponsorship of a Councilman to support
an Ordinance placing Domestic Violence signs at Cannel Cit3, lh~ts.
IVi/liam 3/lcLinn of 13868 Oak tUdge Road, spoke to Council regarding a drainage issue on Oak Ridge Road.
The fo!!roving persons addressed Council concerning the proposed Vinyl Siding Ordinance No. D4690-04:
Thad C~uba of 10612 Ea~ Lakeshore Dh'ye, expressed opposition;
Mike IVei~u' of 320 South Rangeh'ne Road (lVeiss (~~ Co.), expressed opposition;
Roger Stephens, ~presentmg the Bui/ders ~tsrociation of Greater lndianapo/is, also expressed opposition
and asked for Council's further consideration of this matter;
Ctm) Ptyor of I PI2 North Metz'dian Street ~4etropo/itan Indianapo/t~~ Board of Realtors), expressed
opposition;
Steve Pittman of 370 Sanner Court (Pittman Partners), expressed concern and opposition;
Scott Bernhardt of 17902 U.S. f-lt~hvaq 31, with Habitat for Humanity of Hamilton Count3,
expressed goals for cotm~unity involvement;
John Sg'er of 1004 1Vest 64'~' Street (Heart/and BmTdin$ Products), expressed opposition.
-The following persons addressed Council regarding Carmel's consideration to annex certain territory in
Westfield, Indiana:
Stere Barmo'k of 202 Senator IVa~, East, asked for Council's consideration to include Village Farms
in Westfield;
Diane Zeph of 16310 Spffng ~4i// Road, IVes~e/d, expressed support of Carmel*s consideration to
annex territory in Westfield;
Kurt Kirby of 443 ~Quiny Plat6 IVes(fie/d, requested Council's consideration of the Centennial
subdivision to be included for annexation;
Todd Parker of 46 l~est Rowan Run, tVertfield, asked for Council's consideration to include
Springraill Villages in Westfiel&
COUNCIL, MAYORAL AND ~LFRK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Rattermann addressed the public's question regarding pubhcation of proposed Ordinance No. D-
1690-04.
Councilor IGrby commented on the Westfield neighborhood requests for inclusion in annexation as well as the
proposed vinyl siding Ordinance and expressed his opposition to its passage.
Councilor Sharp also expressed opposition to proposed Ordinance No. D-1690-04, banning the use of vinyl
siding in Carmel, as well as Councilor Griffiths.
Council President Carter commented in favor of Ordinance No. D-1690-04.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Mayo moved to approve total ~laims in the amount of $959,953.08.
Claims were approved 7-0.
Councilor Sharp seconded.
COMMITTEE REPORTS:
Council President Carter stated that the Finance, Administration and Rules Committee has not met. The next
regular meeting of the Committee is scheduled for March 25, 2004 at 5:00 p.m. in the Caucus Room.
Councilor Rattermann stated that the Land Use, Annexation and Economic Development Committee has not
met. The next regular meeting of the comrmttee, scheduled for March 11, 2004, is tescheduled for March 18,
2004 at 7:00 p.m. in the Caucus Room.
Councilor Sharp repotted that the Parks, Recreation and Arts Committee met on March 9, 2004, at which time
the Committee met with Mark Westermeier, Carmel/Clay Parks Director, concerrfing park security issues. The
next regular meeting of the Parks, Recreation and Arts Committee is scheduled for April 13, 2004, at 3:00 p.m.
Councilor Mayo reported that the Utilities, Transportation and Pubhc Safety Committee met on March 8, 2004,
to discuss considerafon of Ordinance No. D-1690-04, D-1663-03~ and D-1694-04. The next regular meeting of
the Committee is scheduled for Ap~ 12, 2004 at 5:00 p.m.
OLD BUSINESS:
Countil President Carter announced the Second Reading of Ordinance No. D-1663-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 7: Building Code of the Carmel City,
Code. Councilor Rattermann presented this matter to Council and advised of the Committee's unanimous,
favorable recommendation of its passage. Councilor Griffiths advised of a potential correction within the
Ordh~ance for consideration. There was Council discussion. Councilor Sharp moved to amend Page 4, Section
7-3(a), 'Line Two, by adding or/;ia' de.~i~,nee after "Director of Department of Community Senfices". Councilor
Kirby seconded. There was brief discussion. ]'he motion ro amend was approved 7-0. .Ordinance No. D-
J 66_3-04 was approved, as amended, by a vote of 7-0.
Council President Carter announced the Second Reading of Ordinance No. D-1690-04; An Ordinance of the
Common Council of the City, of Carmel, Indiana, Amending Chapter 7: Building Code of the Carmel City- Code
to Include the Regulation of Residential Siding Materials. Councilor Rattermann presented this matter to
. Council and requested that ir be returned to Committee to consider proposed revisions and moved as such.
There was Council discussion. Mayor Brainard commented and agreed with the morion to continue discussion
in Committee. Councilor Kirby moved to suspend the rules and return this matter to Committee; however,
recommending the Land Use, Annexation and Economic Development instead of the Utilities, Transportation
and. Public Safety Committee. Councilor Glaser seconded. There was brief discussion. The motion to suspend
the roles was approved by a vote of 7-0. Ordinance No. D-1690-04 xvas referred to the Land Use, Annexation
and Economic Development Committee for additional review and consideration.
PUBLIC HEARINGS:
There were none.
Council President Carter asked for Council's consideration to add-on trna items to this evening's Mgbnda t~nder O/d Business.
Councilor Ma. yo moved to add the folloming t?ems to the Mgenda:
Consideration of Intent to ~nne.x Tet~tot? h_y Town of IVes(field - l/ohmta~_Request of Parcels Generality
Located Betmeen Ditch Read and Sp~'ngmill (Bet~veen lhe Former Indiana Central Rail Ia'ne and 161~ Street);
and
Consideration of Intent to ~4nnex Tertito~ h~ To~vn of IVes(field- [/oluntat. y Request ora Paveel Lorated at the
South~vest Comer of U.S. 3 ! and ~ 56a' Street in 1Fashi~ton To~vns~ip, Hamilton CounO,;
Councilor Shmp seconded the motion to add-on the above-refevenced item~: The motion was approved 7-0.
NEW BUSINESS:
Council President Carter announced the First Reading of Ordinance No. D-1684-04; An Ordinance of the
Common Council of the City, of Carmel, Indiana, Amending Ordinance No. D-1629-03, As Amended
(Department of Law Salaries). Councilor IYhrby moved to introduce this item into business. Councilor Sharp
seconded. Doug Haney, City Attorney, presented this matter to Council for consideradom There was extensive
Council discussion wherein a new job description was requested of Mr. Haney for review by the Finance
Committee. Mr. Haney advised he would prom& such document at Committee. Council discussion continued.
Ordinance No. D-I684-04 was referred to the Finance, Admh~istrafion and Rules Committee for further review
and consideration.
Council President Carter announced the First Reading of Ordinance No. D-1692-04; An Ordinance of the'
Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, DMsion I, Section 6-77(I) of
the Carmel Ci~ Code (Trash Receptacles). Councilor I<2t'by moved to introduce this item into business.
Councilor Sharp seconded. Council President Carter presented this matter to Council. There was brief
discussion. Councilor IGrby moved to suspend the rules sending this matter to Committee and to act on this
item this. evening. Councilor Sharp seconded the motion. Council discussion continued. The modon to.
st~spend the rules was approved 7-0. Councilor IGrby moved to amend the wording under Section 6-77.
Councilor Mayo seconded. Doug Haney, City Attorney, explained the purpose for the p~ticular wording
recommended under Section 6-77. Councilors IGrby and Mayo then rescinded their motion to amend. There
was no further discussion. Ordinance No. D-1692-04 was approved as written by a vote of 7-0.
Council President Carter announced the First Reading of Ordinance No. D-1693-04; An Ordinance of the
Common Council of the Cit3~ of Carmel, Indiana, Amending Chapter 5, Section 48(d)(4) of the Carmel Cit3~
Code ~{onon parking). Councilor I~drby moved to introduce this item into business. Councilor Sharp
secondcd and presented this matte'r to Council. There was no discussion. Councilor Sharp moved to suspend
the rules sending this matter to Committee and to act on this item this evening. Councilor I~rby seconded.
Ther~ was brief Council discussion. The motion was approved 7-0. Ordinance No. D-1693-04 xvas approved
by a vote of 7-0.
Council President Carter announced the Fh:gt Reading of Ordinance No. D-1694-04; An Ordinance of the
Common Council of the Cit3~ of Carmel, indiana, Amending Ordinance No. D-1673~04 Regarding Chapter 4,
Article 1, Division III, Section 4-31 of the Carmel City Code (Private Traffic Control Officers - Permits
Required), Councilor Sharp moved to introduce this item into business. Councilor Glaser seconded. Councilor
Mayo presented this matter to Council and explained the necessary revision proposed by this Ordinance. There
was brief Council discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee
and to act on this item this evening. Councilor Rattermann seconded. The motion was approved 7-0.
Ordinance No. D-1694-04 was approved by a vote of 7-01
OTHER BUSINESS:
Council President Carter announced the consideration of Intent to Annex Territory. by Toxvn of Westfield -
Voluntary. Request of Parcels Generally Located Between Ditch Road and Spring, mill .(Between the Former
Indiana Central Rail Line and 16I~ Street). There was extensive Council discussion concerning Carmel's
expressed interest in Westfield. Council President Carter restated Council's position that opposition should be
expressed to the Town of Westfield, in writing, by the Department of Law. Councilor Kirby moved as such.
Councilor Rattermann seconded. Council President Carter recommended that the meeting be recessed for five
minutes prior to continued discussion of this matter.
Recess was ~al/ed at 9:I5 p. m.
The meeting reconvened at 9.'20p.m.
Council discussion continued regarding the consideratio~3 of Intent to Annex Territory by Town of Westfield at
Ditch.Road and Springmill. Councilor Sharp reiterated the motion to deny consent to the Town of Westfield's
Voluntary Request to Annex Territory Generally Located Between Ditch Road and Springmi]l (Between the
Former Indiana Central Rail Line and 161~ Street) via correspondence dated March 10, 2004. Councilor
Rattermann seconded such motion. The motion to deny consent was approved by a vote of 7-0.
Council President Carter announced the consideration of Intent to Annex Territo~~ by Town of Westfield -
Voluntary Request of a Parcel Located at the Southxvest Corner of U.S~ 31 and 156~h Street in Washington
Toxvnship, Hamilton Court .ry. Councilor Sharp moved to deny consent to the Toxvn of Westfield of their intent
to annex territory as stated via correspondence dated March 10, 2004. Councilor Rattermann seconded such
motion. There was no discussion. The motion to deny consent was approved by a vote of 7-0.
Council President Carter asked the Clerk-Treasurer's Office to provide correspondence to the Toxvn of
Westfield regarding the Cit-7's opposed consent and requested that such correspondence be sent certified mail,
return receipt requested. The Clerk-Treasurer agreed.
ANNOUNCEMENTS:
Mayor Brainard addressed the issue of new parking in Old Town.
Councilor Rattermann requested that the April meeting of the Land Use, Annexation and Economic
Development Committee be rescheduled to April 22, 2004 at 7:00 p.m.
ADJOURNMENT:
~9uncil President Carter turned the meeting over to Mayor Brainard for adjournment, pending the execution of
documents. The meeting was adjortrned at 9:35 p.m.
Respectfully submitted,
Cl~rk-Treasurer Diana'', I_AMC
Approved,
M~,/or James Brainard
ATTEST:
Clerk-Treasurer Diana L.
03,/15/04 CC M~nures