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Home My WebLink AboutCCM-05-17-04Office of the Clerk-Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, MAY 17, 2004 - 7:00 P.M. COUNCIL CHAMBERS / CITY HaLL / ONE Crmc SQUARE MEETING CALl.ED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. May 3, 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 Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Util/ties, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS 11. 12. 13. 14. Third Readin4f of Ordinance No. D-1688-04; An Ordinance of the Common Coundl 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 - Papedess Governance Project); Sponsor: Council President Carter Third Reading of Ordinance No. D-1691-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (Fourth Quarter 2003); Sponsor: Council President Carter Second Reading of Ordinance No. D-1696-04; An OrdLnance of the Common Council of the City of Carmel, Indiana, EstabI/shing Certain Stop and Yield Intersections; Sponsor: Councilor Griffiths Second Reading of Ordinance No. D~1699-04; An OrdLnance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-40 of the Carmel City Code (Bicycle Lanes and Trails); Sponsor: Council President Carter Second Reading of Ordinance No. Z-442-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezorfing District Classification (A Property Located Along the North Side of Makn Street, Approximately 800 Feet East of US. 31 from the S- 2/Single Family/US 31 Overlay District Classification to the OM/SU - Old Meridian Special Use District Classification - St. Christopher's); Sponsor: Councilor Ratrermann PUBLIC HEARINGS First Reading of Ordinance No. Z-448-04; An OrdLnance of the Common Council of the City of Carmel, Indiana, Establishing the Brownstone Homes at Guilford Reserve Planned Unit Development District; Sponsor: Councilor Sharp NEW BUSINESS First Reading of Ordinance No. D-1700-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-22 of the Carmel City Code (Resolution Referral to corcamttee); Sponsor: Councilor Rattermann First Reading of Ordinance No. D-1701-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving Application for Community Revitalization Er~hancement District; Sponsor: Councilor IGrby Resolution No. CC-05-17-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Establish/rig a Contractual Relationship with Carmel Professional Firefighters Association, Local 416; Sponsor: Councilor Mayo OTHER BUSINESS ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, MAY 17, 2004 -- 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: · ' Sharp, Kevin Kirby, Brian Mayo, Mayor James Brainard; Council President Ron Carter; Council Members Rick Joe Griffiths, Fred Glaser and Mark Rattermann; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher were also present. Mayor Brainard called the meeting to order at 7:02 p.m. Councilor Mayo pronounced the Invocation. __Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES.'.. Councilor Mayo moved to approve the Minutes of the May 3, 2004 Regular Meeting. Councilor Rattermann seconded. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Kevin and Karen Ha, yes of 5380 Igoodfie/d Drive North in Carmel, addressed Council with concern for their children being able to play at their home without harassment from a neighbor. Teresa Skelton of 547 North Union in lVesOqeld, read aloud a statement on behalf of the Westfield Town Westfield Council, a copy of which is made an attachment to the original Minutes of this meeting. Julie Sole of 125 Mill Street in Iges¢kld, ad&essed Council in opposition of the Westfield annexation proposed by the City' of Carmel. Robert IValler of 1515 I~oodside in IVesO~eld, also addressed Council in opposifon of the proposed annexation ha Westfield. Charles McManus of 9222 Garrison Drive in Indianapolis, spoke to Council again regarding the handling of an ammal abuse issue on the Monon Trail. Kurt Kirby of 443 oQuin~y P/ace in IVesO~eld, expressed favor of the Westfield annexation proposed by the City of Carmel COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor IGrby replied to Mr. and Mrs. Hayes regarding their concerns for their children being able to play at their home. Councilor Glaser also commented on the situation and recommended that that they contact the Engineering Department for possible perm/ts for structures such as their basketball hoop. Councilor Griffiths offered his assistance as the district representative in their neighborhood. Councilor Sharp commented on the land use, planning and zoning remarks made by Ms. Skelton. Council President Carter remarked on the conflict with children playing on neighborhood streets as well as replied to Mr. McManus and advised that no further action can be provided to him. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo moved to approve claims in the amount of $1,673,323.51. Councilor Kirby seconded. Councilor Glaser questioned the claim for Brighthouse. There was discussion. Councilor I~drby moved to approved claims contingent upon correction of that line item. Councilor Sharp seconded. The motion was --approved 7-0. Claims were approved 7-0. COMMITTEE REPORTS: Council President Carter reported that the Finance, _Administration and Rules Corramtree met on May 17, 2004 and provided a unanimous, favorable recommendation to Council for the passage of Ordinance No. D-1688-04. The next regular meetng of the Finance, _A clministration and Rules Committee is scheduled for June 21, 2004 at 5:00 p.m. in the Caucus Room. Councilor Rattermann reported that the Land Use, Annexation and Economic Development Committee met on May 13, 2004, at which time the Committee continued discussion of the proposed annexation area in Westfield and unanimously agreed to move forward. The Committee also provided a unanimous, favorable recommendation to Council for the passage of Ordinance No. Z-442-04. The next regular meeting of the Committee is scheduled for June 10, 2004 at 5:30 p.m. in Council Chambers. Councilor Sharp stated that the Parks, Recreation and Arts Committee meeting was canceled. The next regular meeting of the Committee is scheduled for June 8, 2004, at 3:00 p.m. in the Caucus Room. Councilor Kirby reported that the Utilities, Transportation and Public Safety. Committee met on May 10, 2004, at which time the Comrmttee provided a unanimous, favorable recommendation to Council for the passage of Ordinance Nos. D-1696-04 and D-1699-04. The next regular meeting of the commXttee is scheduled for June 14, 2004 at 5:00 p.m. in the Caucus Room. OLD BUSINESS: Council President Carter announced the Th/rd 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 - Paperless Governance Project). Council President Carter presented this matter to Council and indicated a unanimous approval by the Committee. There was brief discussion. Ordinance No. D-1688-04 was approved 7-0. Council President Carter announced the Third Reading of Ordinance No. D-1691-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (Fourth Quarter 2003). Council President Carter presented this matter to Council. There was no discussion. ~Orflinance No. D-1691-04 was approved 7-0. Council President Carter announced the Second Reading of Ordinance No. D-1696-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Certain Stop and Yield Intersections. Councilor Griffiths presented this matter to Council. There was discussion. Or~tinance No. D-1696-04 was approved 7-0. Council President Carter announced the Second Re~flin~, of Ordinance No. D-1699-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amen~ding Chapter 8, Article 4, Section 8-40 of the Carmel City Code (Bicycle Lanes and Trails). Council President Carter presented this matter to Council. There was extensive discussion. Councilor Glaser moved to amend Section (a)3(d) to read "any government or any __delivery vehicle while engaged in loading or unloading...". Councilor Kirby seconded. The amendment was approved by a vote of 7-0. Orct~n,nce No. D-1699-04 was approved, as amended, 7-0. Council President Carter announced the Second Reading of Or~inance No. Z-442-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (A Property Located Along the North Side of Mare Street, Approximately 800 Feet East of US 31 from the S-2/Single Family/US 31 Overlay District Classification to the OM/SU - Old Meridian Special Use District Classification - St. Christopher's). Councilor Rattermann presented this matter to Council. There xvas no discussion. Ordinance No. Z-442-04 was approved 7-0. PUBLIC HEARINGS: Council President Carter announced the First Reading of Orctinance No. Z-448-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Brownstone Homes at Guilford Reserve Planned Unit Development District. Councilor Sharp moved to introduce this item into business. Councilor Rattermann seconded. Councilor Sharp presented th/s matter to Council. Jim Shinaver of Nelson & Frankenberger, Attorney for the Petitioner, provided a brief presentation to Council. Council President Carter opened the matter for Public Hearing at 8:12 p.m. Seeing no one who wished to speak, Council President Carter closed the Public Hearing at 8:13 p.m. There was brief Council discussion. Council President Carter referred Ordinance No. Z-448-04 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS: Council President Carter armounced the ?irst Reading of Ordinance No. D-1700-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-22 of the Carmel City Code (Resolution Referral to cormmttee). Councilor Mayo moved to introduce this item/nto business. Councilor Rattermann seconded and presented this matter to Council. There was discussion. Councilor Rattermann, as sponsor of this Ordinance, requested this matter be withdrawn. Ordinance No. D- 1700-04 was withdrawn. Council President Carter announced the First Reading of Ordinance No. D-1701-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving Application for Community Revitalization Enhancement District. Councilor IYArby moved to introduce this item into business. Councilor Mayo seconded. Councilor Kirby presented this matter to Council. There was discussion. Council President Carter referred Ordinance No. D-1701-04 to the Finance, Administration and Rules Committee for further review and consideration. Council President Carter announced ~Resolution No. CC-05-17-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing a Contractual Relationship with Carmel Professional Firefighters Association, Local 416. Councilor Sharp moved to introduce this item into business. Councilor Glaser seconded. Councilor Mayo presented this matter to Council. There was extensive discussion regarding proposed amendments. Councilor Mayo moved to amend Article III, Section 1, by adding the following --"Furthermore, the current "eight-hour rule" remains in effect allowing staffing to fall below four (4) employees on a £Lre engine, rescue truck or ladder truck, for a period not to exceed eight (8) hours". Councilor Sharp seconded the amendment, which was approved by a vote of 7-0. Upon further discussion, Councilor Gtiffiths moved to delete both date references in Article II and substitute with "on the effective date". Councilor IYJrby seconded such motion. The amendments were approved by a vote of 7-0. Councilor Sharp then moved to delete the date reference in Article I, Section 5. Councilor Kirby seconded. The amendment was approved by a vote of 7-0. Councilor Sharp then returned to the amendment made in Article II and restated the frrst referenced amendment to read as follows: "Effective upon its final approval, ...." Councilor IGrby seconded. The restated amendment was approved by a vote of 7-0. There was Council discussion with Councilor Kirby calling for the question. ~Resolution No. CC-05-17-04-01 xvas approved, as amended, by a vote of 7-0. OTHER BUSINESS: There was none. ANNOUNCEMENTS: There xvere none. Council President Carter moved to adjourn, pending the execution of documents. The meeting was adjourned at 8:42 p.m. Respectfully submitted, Clerk-Treasurer Diana L. Cor~, IA Approved, f~,or Ja~nes Brain ATTEST: Clerk-Treasurer Diana L. Cordray,~C 05/17/04 CC Minutes TERESA OTIS SKELTON REMARKS TO THE CARMEL CITY COUNCIL RE: WASHINGTON TOWNSHIP ANNEXATION Delivered May 17, 2004 INTRODUCTION GOOD EVENING. MY NAME IS TERESA OTIS SKELTON. I RESIDE AT 547 NORTH UNION STREET IN WESTFIELD. I AM HERE TONIGHT AS THE PRESIDENT OF THE WESTFIELD TOWN COUNCIL. WITH ME THIS EVENING ARE MY FELLOW COUNCILORS (INTRODUCE THOSE WHO ATTEND) AND MEMBERS OF OUR COMMUNITY WHO ARE EXTREMELY CONCERNED ABOUT CARMEL'S PLAN TO ANNEX INTO WASHINGTON TOWNSHIP NORTH OF 146TM STREET AND WEST OF U.S. 31. THIS IS LAND THAT WESTFIELD AND WASHINGTON TOWNSHIP HAVE INCLUDED IN OUR JOINT LONG-TERM COMPREHENSIVE PLAN FOR MORE THAN 25 YEARS. CARMEL BRE~4IC, V ITS STATED PROMISE UNTIL A FEW MONTHS AGO, WESTFIELD HAD ENJOYED WHAT WE BELIEVED WAS A RELATIONSHIP WITH CARMEL BASED UPON MUTUAL RESPECT. WE HAVE MADE IT A POINT NOT TO INTERFERE WITH OR DISPARAGE CARMEL'S PLANNING AND ZONING DECISIONS. WE HAD EVERY REASON TO BELIEVE THAT CARMEL WOULD CONTINUE TO RECIPROCATE. SPECIFICALLY, I POINT TO PAGE 21, PARAGRAPH 3 OF THE CARMEL ANNEXATION FISCAL PLAN FROM APRIL 2002 WHICH READS AS FOLLOWS: Teresa Sketton Comments to Carmel City Councd May 17, 2004 "THE CITY OF CARMEL, IN COOPERATION WITH THE CITY OF NOBLESVILLE AND THE TOWNS OF WESTFIELD AND FISHERS HAVE ESTABLISHED BOUNDARY AGREEMENTS WHICH DEFINE THE FUTURE CORPORATE LIMITS OF EACH MUNICIPALITY. UNDER THESE AGREEMENTS, THE CITY OF CARMEL WILL EXTEND NO FARTHER NORTH THAN 146TM STREET, NO FARTHER EAST THAN THE WHITE RIVER, AND NO FARTHER WEST OR SOUTH THAN THE COUNTY LINE." THE PARAGRAPH CONCLUDES WITH THIS STATEMENT: THE ESTABLISHMENT OF THESE BOUNDARY LIMITS DEMONSTRATES THE EXTENSIVE EFFORT TO PROMOTE CONTROLLED GROWTH ON THE PART OF ,THE CITY~ AND CLEARLY ESTABLISHES THE INTENT OF THE CITY WITH RESPECT TO FUTURE GROWTH AND ANNEXATION. I CHALLENGE ANYONE TO DEMONSTRATE TO ME OR MY FELLOW COUNCIL MEMBERS HOW CARMEL'S STATED INTENT TO NOW CROSS 146TM STREET INTO WASHINGTON TOWNSHIP IS CONSISTENT WITH THE ASSURANCES MADE IN THIS DOCUMENT, ASSURANCES UPON WHICH OUR COMPREHENSIVE PLAN AND OTHER LONG-TERM PLANNING DECISIONS WERE BASED. ADDRESSING THE CRITICS CERTAIN MEMBERS OF THIS COUNCIL HAVE REPEATEDLY MADE DETRIMENTAL COMMENTS ABOUT WESTFIELD'S PLANNING AND ZONING DECISIONS, ALLEGING THAT THE WESTFIELD TOWN COUNCIL HAS DISREGARDED REMONSTRANCE IN TWO RECENT ZONING CASES ALONG 161s~r STREET. YOUR MAYOR IS ON RECORD AS STATING THAT THOSE DECISIONS 2 Teresa Skelton Comments to Carmel City Council May 17, 2004 AND THE ENSUING DISENCHANMENT ON THE PART OF A VOCAL GROUP OF RESIDENTS GAVE CARMEL THE RIGHT TO PURSUE WHAT IS, IN OUR VIEW, ACTUALLY NOTHING MORE THAN A POORLY-DISGUISED LAND GRAB. THE TACIT IMPLICATION IN THESE CRITICISMS IS THAT CARMEL CAN BE TRUSTED AND WESTFIELD CANNOT. AND YET, MOST OF THE PEOPLE IN THIS ROOM KNOW THAT THE MAJORITY OF ZONING DECISIONS, REGARDLESS OF THE COMMUNITY IN WHICH THEY ARE MADE, ARE ALMOST ALWAYS DIFFICULT AND SELDOM POLITICALLY POPULAR. DESPITE CLAIMS TO THE CONTRARY, CARMEL HAS IN FACT APPROVED PROJECTS IN THE FACE OF PUBLIC REMONSTRANCE...THE TWO DUKE PARKWOOD PROJECTS ON 96TM STREET, AND THE REZONING OF A PORTION OF WOODLAND COUNTRY CLUB INTO A RETAIL PROJECT AT 116TM AND KEYSTONE ARE RECENT EXAMPLES. IN FACT, THESE TWO PROJECTS FACED SIGNIFICANT REMONSTRANCE AND WERE APPROVED NONETHELESS. THE POINT IS THIS: YOUR CITY COUNCIL HAD EVERY RIGHT AND RESPONSIBILITY TO MAKE THOSE ZONING DECISIONS, EVEN THOUGH THEY WEREN'T POPULAR WITH EVERYONE IN YOUR COMMUNITY. CARMEL'S COUNCIL HAS ALSO DISAGREED WITH THE CARMEL-CLAY PLAN COMMISSION ON OCCASION AND VOTED CONTRARY TO ITS RECOMMENDATION...AGAIN WITHIN ITS RIGHT TO DO SO. AS THE REVEREND WILLIAM BOETCKER SAID IN THE LATE 1800'S: "THAT YOU MAY RETAIN YOUR SELF-RESPECT, IT IS BETTER TO DISPLEASE THE PEOPLE BY DOING WHAT YOU KNOW IS RIGHT, THAN TO TEMPORARILY PLEASE THEM BY DOING WHAT YOU KNOW IS WRONG." Teresa Skelton Comments to Carmel City Council May 17, 2004 IN SHORT, WE ALL MAKE MISTAKES WHETHER PERSONAL OR POLITICAL. AND YET, OUR COUNCIL FINDS ITSELF HELD TO A DIFFERENT STANDARD BY CARMEL, EVEN THOUGH WE ARE WORKING DILIGENTLY TO MEND FENCES WITH OUR NEIGHBORS. VYESTFIEILD IN LIMBO RECENTLY, WE WERE ALSO CRITICIZED BY A CARMEL COUNCIL MEMBER ABOUT PROCEEDING WITH AN ANNEXATION PLAN INVOLVING PROPERTY NORTH OF STATE ROAD 32 AS BEING PREMATURE AND SHORT- SIGHTED. AND YET IT IS CARMEL'S INTRUSION INTO OUR COMMUNITY THAT HAS FORCED US TO PROTECT THE FUTURE STABILITY OF WESTFIELD AND CREATE AN UNEQUIVOCAL LEVEL OF CERTAINTY FOR OUR RESIDENTS AS WE MOVE FORWARD WITH UPDATING OUR COMPREHENSIVE PLAN. THIS IS AN AREA THAT WE ALWAYS FELT WOULD BECOME PART OF OUR TOWN, BUT CARMEL'S RECENT ACTIONS HAVE CAUSED US TO RE-EVALUATE OUR TIMELINE FOR ANNEXATION. WE CANNOT INCLUDE RESIDENTS IN SOUTHERN WASHINGTON TOWNSHIP IN THE PROCESS TO UPDATE OUR COMPREHENSIVE PLAN UNTIL CARMEL DECIDES HOW MUCH OR HOW LITTLE OF SOUTHERN WASHINGTON TOWNSHIP IT WANTS TO ACQUIRE. ONE QUESTION SEEMS VERY REASONABLE FOR ALL OF YOU TO CONSIDER: HOW WOULD YOU FEEL AND RESPOND IF OUR ROLES WERE REVERSED? IF SUCCESSFUL, YOUR PLAN WILL PERMANENTLY DIVIDE OUR COMMUNITY. IT MAY CAUSE A SIGNIFICANT INCREASE IN UTILITY RATES AS WE LOSE ASSESSED VALUATION, AND HAMPER THE LONG-TERM STABILITY 4