HomeMy WebLinkAboutCCM-03-01-04 Clerk,Treasurer AGENDA
MONDAY, MARCH 1, 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. February 16, 2004 - Executive Session
b. February 16, 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
· Reth:ement
9. COMMITTEE REPORTS
a. Finance, Administration and Rules Committee
b. Land Use, Annexation and Economic Development Committee
c. Parks, Recreation and Arts Comarattee
d. U .tilifies, Transportation and Public Safe~~ Cormmttee
ONE CIVIC SQUARE CAPO,~EL, INDIANA 46032 317/571-2414
10.
OLD BUSINESS
Second Reading of Ordinance No. D-1680-04; An Ordinance of the Cormnon Council of
the City of Carmel, Indiana, Repealing Ordinance No. D-1546-01 and Deleting In Its Entirety
Chapter 2, Article 3, Division IV of the CiD, of Carmel, Indiana Code of Ordinances, Which
Established a Fixed Asset Capitalization Pohcy and Adding a New Chapter 2, Article 1,
Division III, Section 2-13 to the City of Carmel, Indiana, Code of Ordinances Which
Establishes a Capital Asset Policy for the City of Carmel, Indiana; Sponsor: Count, lot Kirby
11.
PUBLIC HEARINGS
First Reading of Ordinance No. D-1687-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Approving an Additional Appropriation of Funds to the Department
of Administration Budget From the General Fund Operating Balance ($37,163.73); Sponsor:
Councilor Carter
First Reading of Ordinance No. D-1688-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Providing for an Additional Appropriation of Funds to the Carmel
City Council Budget From the General Fund Operating Balance ($33,500.00); Sponsor:
Council President Carter
First Reading of Ordinance No. Z-443-04; An Ordinance of the Coammn Council of the
City of Carmel, Indiana, Rezoning District Classification - Rezoning the Miller Property from
the Sd/Residence District Classification to the B-5/Business District Classification; Sponsor:
Councilor Rattermann
NEW BUSINESS
a. First Reading
of Ordinance No. C-242, As Amended; An Ordinance of the Common
Council of the CiD, of Carmel, Indiana, Amending and Correcting Exhibit B to Original
Ordinance No. C-242, As Amended; Sponsor: Councilors Kirby and Rattermann
First Reading of Ordinance No. C-259, As Amended; An Ordinance of the Common
Council of the City of Carmel, Indiana, Amendh~g and Correcting Exhibit B to Original
Ordinance No. C-259; Sponsor: Councilors Irdrby and Rattermaun
First Reading of Ordinance No. D-1663-04; An Ordinance of the Cormnon Counc. il of the
City of Carmel, Indiana, Amending Chapter 7: Building Code of the Carmel City Code;.
Sponsor: Councilor Rattermann
First Reading of Ordinance No. D-1686-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, to Regulate Mining Operations Within the Corporate Boundaries of
the City of Carmel; Sponsor: Councilor Glaser
First Reading of Ordinance No. D-1689-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adopting a Promotion Fund for the Department of Co~ranudity
Services as Chapter 2, Article 4, Section 2-116 of the Carmel City Code; Sponsor: Councilor
I<2rby
First Reading of Ordinance No. D-1690-04; An Ordinance of the Common Council of the
CiD' of Carmel, Indiana, Amending Chapter 7: Building Code of the Carmel Cit3' Code to
Include the Regulation of Residential Siding Materials; Sponsor: Councilor Rattcrmann
¸13.
OTHER BUSINESS
a, Consideration of Intent to Annex Territory by Town of Westfield - Voluntau~ Request of
Parcels Generally Located at the northwest corner of Grey Road and 169t~' Street
14. ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
16. ADJOURNMENT
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
MONDAY, MARCH 1, 2004 -- 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CFqIC SQUARE
MEMBERS PRESENT:
Mayor James Bra/nard; Council President Ron Carter; Council Members Brian Mayo, Joe Gri£fiths, Fred Glaser
and Mark Rattermann; Clerk-Treasurer Diana Curdray and Deputy Clerk-Treasurer Carrie Gallagher were also
present.
Councilors Rick Sharp and Kevm Y-firby were absent.
Mayor James Bra/nard called the meeting to order at 7:02 p.m.
Pastor Greg McGarvey of Carmei United Methodist Church pronounced the Invocation.
Mayor Bra/nard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
Since the microphone was not on during a presentation of the Rangeline Pioneer Award at the last Council
meeting, Council President Carter restated recognition of recently retired Lieutenant Bill Collins of the Carmel
Police Department.
APPROVAL OF MINUTES:
Councilor Mayo moved to approve the M/nutes of the February 16, 2004 Executive Session. Councilor Glaser
seconded. The Minutes were approved 5-0.
Councilor Glaser moved to approve the Minutes of the February 16, 2004 Regular Meeting. Councilor
Rattermann seconded. The Minutes were approved 5-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
The folloxv/ng persons addressed Council regarding the proposed Mixt/ng Ordinance No. D-1686-04:
Bill McEvo_y of 5720 Williams Circle; President of the Y-.2ngswood Homeowners Association, read aloud
the position of the Association. A copy of the statement is made an attachment to the original Minutes
of this meeting.
David Belford of ! 1232 Westminster Wa.y;
Kelly Nocco of 4923 Wood Creek Dffve;
Janet Rod~igue~ of 543 Potomac Court;
Zeff l~eiss of Ice Miller at 3100 One ~tmedcan S~uare, on behalf of Martin Marietta.
fim,4ke of 543 Potomac Court, addzessed Council regarding potential annexation of Westfield areas into Carmel.
COUNCIL~ ]V[AYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Rattermann commented regarding a conflict with the regular meeting date in March for the Land
Use, Annexation and Economic Development Committee.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Mayo moved to approve total claims in the amount of $904,224.73.
seconded. Claims were approved 5-0.
Councilor Rattermann
COMMITTEE REPORTS:
Council President Carter reported that the Finance, Administration and Rules Corramttee met February 27,
2004, at which time the Corramtree provided a favorable recommendation to Council for the passage of
Ordinance No. D-1680-04. The corrm~ttee also discussed potential budget hearing dates. The next regular
meeting of the Finance, Administration and Rules 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 Committee, scheduled for March 11, 2004, is rescheduled for March 18,
2004 at 7:00 p.m. in the Caucus Room.
Council President Carter 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.
Council President Carter stated that the Utilities, Transportation and Public Safety. Committee has not met.
The next regular meeting of the Comrmttee is scheduled for March 8, 2004 at 5:00 p.m.
OLD BUSINESS:
Council President Carter announced the Second Reading of Ordinance No. D-1680-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Repealing Ordinance No. D-1546-01 and Deleting In Its
Entirety Chapter 2, Article 3, Division IV of the City of Carmel, Indiana Code of Ordinances, Which
Established a Fixed Asset Capitalization Policy and Adding a New Chapter 2, Article 1, Division III, Section 2-
i3 to the City of Carmel, Indiana, Code of Ordinances Which Establishes a Capital Asset Policy for the City of
Carmel, Indiana. Councilor Glaser presented this matter to Council. There was no discussion. Ordinance
No. D-1680-04 was approved 5-0.
2
PUBLIC HEARINGS:
Council President Carter announced the First Reading of Ordinance No. D-1687-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Approving an Additional Appropriation of Funds to the
Department of Administration Budget From the General Fund Operating Balance ($37,163.73). Councilor
Mayo moved to introduce this item into business. Councilor Rattermann seconded. Council President Carter
presented this matter to Council and opened the Public Hearing at 7:30 p.m. Seeing no one who wished to
speak, the Public Hearing was closed at 7:31 p.m. There xvas brief Council discussion. Cotmcilor Rattermann
moved to suspend the rules sending this matter to Committee and to vote on this item this everdmg. Councilor
Griffiths seconded. The motion was approved by a vote of 5-0. Ordinance No. D-168%04 was approved 5-0.
Council President Carter announced the First Reading of Ordinance No. D-1688-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds to the
Carmel City Council Budget From the General Fund Operating Balance ($33,500.00). Councilor Glaser
moved to introduce this item into business. Councilor Rattermann seconded. Council President Carter
presented this matter to Council and opened the matter for Public Hearing at 7:33 p.m. Seeing no one who
wished to speak, the Public Hearing was closed at 7:34 p.m. There was Council discussion. Council President
Carter referred Ordinance No. D-1688-04 to the Finance, Administration and Rules Committee for review and
consideration.
Council President Carter announced the First Reading of Ordinance No. Z-443-04: An Ordinance of the
__ Common Council of the City of Carmel, Indiana, Rezoning District Classification - Rezoning the Miller
Property from the S-1/Residence District Classification to the B-5/Business District Classification. Councilor
Rattermann moved to introduce this item into business. Councilor Glaser seconded. Attorney David
Warshaner of Barnes and Thornburg, on behalf of the petitioner, presented this matter to Council. Council
President Carter then opened the matter for Public Hearing at 7:43 p.m. Seeing no one who wished to speak,
the Public Hearing was closed at 7:44 p.m. There was brief Council discussion. Council President Carter
referred Ordinance No. Z-443-04 to the Land Use, Annexation and Economic Development Cormmttee for
review and consideration.
NEW BUSINESS:
Council President Carter announced the First Reading of Ordinance No. C-242, As Amended; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending and Correcting Exhibk B to Original
Ordinance No. C-242, As Amended. Councilor Rattermann moved to introduce this item into business.
Councilor Mayo seconded. Councilor Rattermann presented this matter to Council. There was no discussion.
Councilor Griffiths moved to suspend the rules sending dais matter to Corrmutree and to vote on this item this
evening. Councilor Mayo seconded. The motion was approved by a vote of 5-0. Ordinance No. C-242, As
Amended, was approved 5-0.
Council President Carter announced the First Reading of Ordinance No. C-259, As Amended; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending and Correcting Exhibit B to Original
Ordinance No. C-259. Councilor Ratrermann moved to introduce this item into business. Councilor Glaser
seconded. Councilor Rattermann presented this matter to Council. There was no discussion. Councilor
-- Griffiths moved to suspend the rules sending this matter to Committee and to vote on this item this evening.
Councilor Mayo seconded. The motion was approved by a vote of 5-0. Ordinance No. C-259 was approved
5-0.
3
Council President Carter announced the First 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 Ratrermann moved to introduce this item into business. Councilor Griffiths seconded.
Councilor Rattermann presented this matter to Council and recommended its referral to Committee for review
and consideration. There was no Council discussion. Council President Carter referred Ordinance No. D-
1663-04 to the Utilities, Transportation and Public Safety Committee.
Council President Carter announced the First Reading of Ordinance No. D-1686-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, to Regulate Mining Operations Within the Corporate
Boundaries of the City of Carmel. Coun(ilor Mayo moved to introduce this item into business. Councilor
Griffiths seconded. Councilor Glaser presented this matter to Council and recommended its referral to
Committee for review and consideration. There was no Council discussion. Council President Carter referred
Ordinance No. D-1686-04 to the Land Use, Annexation and Economic Development Committee.
Council President Carter announced the First Reading of Ordinance No. D-1689-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adopting a Promotion Fund for the Department of
Community Services as Chapter 2, Article 4, Section 2-116 of the Carmel City Code. Councilor Mayo moved
to introduce this item into business. Councilor Glaser seconded. Michael Hollibaugh, Director of the
Department of Community Services, responded to Council's question regarding the proposed fund amount.
There was brief discussion. Councilor Rattermann moved to suspend the rules sending this matter to
Committee and to vote on this item this evening. Councilor Glaser seconded. The motion was approved by a
vote of 5-0. Ordinance No. D-1689-04 was approved 5-0.
Council President Carter announced the First 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 Mayo moved to introduce this item
into business. Councilor Rattermann seconded, then presented this matter to Council recommending it be
referred to Comm/ttee for re,Aew and consideration. There was Council discussion. Council President Carter
referred Ordinance No. D-1690-04 to the Utilities, Transportation and Public Safety Cormmtree.
OTHER BUSINESS:
Council President Carter announced the consideration of Intent to Annex Territory by Town of Westfield -
Voluntary Request of Parcels Generally Located at the northwest comer of Gray Road and 169th Street,
Westfield, Indiana. Councilor Mayo moved to introduce this item into business. Councilor Rattermann
seconded. Mayor Brainard expressed no objection. Council expressed no objection. Therefore, Council
President Carter requested the Clerk-Treasurer's Office to advise the Town of Westfield that the City of
Carmel has no objection to their intent to annex.
ANNOUNCEMENTS:
Council President Carter advised that Kasey I~auffman, Council Appointment to the Carmel/Clay Library
Board, provided copies of the Quarterly I~brary Report for Council review.
ADIOURNMENT:
Council President Carter moved to adjourn, pending the execution of documents. The meeting was adjourned
at 8:03 p.m.
Respectfully submitted,
Clerk-Treasurer Diana L. Cor~ray,IMMC
Approved,
y~or~ames Brainard
ATTEST:
Clerk-Treasurer Diana L. Cordray,
03/01/04 CCMJnutes
Position of the Kingswood Homeowners Association
First, the Kingswood Homeowners Association (KHA) believes that local regulation of mining is
necessary and appropriate and therefore supports the action by the Carmel City Council to
develop a Mining Ordinance that is fair and effective.
Second, the KHA is not seeking the closure of Martin Marietta's existing mining operations,
insofar as the present scope of those operations is currently understood. However, the KHA
carmot support at this time any mining expansion until (i) the current mining operations are
understood and reviewed by the City of Carmel and The Department of Community Services and
(ii) a mining ordinance has been adopted and established by the City of Carmel. The KHA
urges Martin Marietta to participate in the development of this mining ordinance and deliver to
the City the information concerning existing mining operations which the City has repeatedly
requested.
Third, the KHA is supportive of the concept of a relocation of Martin Marietta's sand and gravel
processing plant to the east side of Hazel Dell Parkway since such an action would improve the
quality of life for Kingswood residents by reducing noise impacts from the plant. This condition
is now exacerbated by the processing of imported sand and gravel, which we believe is not in
compliance with Carmel's land use regulations. Hauling this material down Hazel Dell Parkway
also poses additional problems and hazards with increased traffic and debris.
Finally, the KHA expresses its appreciation for the persevering efforts of Mayor Jim Brainard
and his staff, Mike Hollibaugh and the DOCS, John Molitor, and the Carmel City Council in
addressing the many facets of this complex issue.
3-1-04