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HomeMy WebLinkAboutCCM-06-21-04Office of the Clerk-Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, JUNE 21, 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 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 ClaLms · Re~ement 9. 'COMMITTEE REPORTS a. Finance, Admicfistrafion and Rules Com-tmttee b. Land Use, Annexation and Economic Development Comm2ttee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-Z414 10. OLD BUSINESS Second Reading of Ordinance No. Z-445-04; An Orclmance of the Common Council of the City of Carmel, Indiana, Amending the Requirement that Residences on Lots Abutting Thoroughfares Derive Vehicular Access By Means of Alleys or Frontage Places; Sponsor: Councilor Rattermann Second Reading of Ordinance No. Z-449-04; An ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Multiple Properties Along Main Street from the OM/MF: Old Meridian/Multi Family, OM/SFA: Old Meridian/Single Family Attached, OM/O: Old Meridian/Office and OM/SU: Old Meridian/Special Use District Classifications to the OM/MU: Old Meridian/MLxed Use District Classification; Sponsor: Councilor Rattermann 11. PUBLIC HEARINGS 12. NEW BUSINESS First Reading of Ordinance No. D-1703-04; An Ordinance of the Common Council of the City, of Carmel, . Indiana, Amending Chapter 2, Article 3, Division II, Section 2-52 of the Carmel City Code (Worker's Compensation); Sponsor: Councilor IGrby 'First Reading of Ordinance No. D-1704-04; An Ordinance of the Common Council of-the City of Carmel, Indiana, Amending Chapter 2, Article 3, DMsion III, Section 2-61(b)(3) of the Carmel City Code ~leal Allowance); Sponsor: Councilor I¥&by First Reading of Ordinance No. C-2621 An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the same ~vithin the Corporate Boundaries thereof and making the same a part of the City of Carmel (Annexation of Washingto~ Township); Sponsor: Councilor Rattermann First Reading of Ordinance No. C-263; An Ordinance of the Common Council of the ' City of Carmel, Indihna, Annexing Certain Territory to the City of Carmel, Indiana, Placmg the same xvithLn the Corporate Boundaries thereof and making the same a part of the City of C,drmel (Annexation of SW Clay Township); Sponsor: Councilor Rartermann Resolution No. CC-06-21-04-01; A Resoluton of the Common Council of the City of Carmel, Indiana, Providing for Reimbursement from Bond Proceeds; Sponsor: Councilor Rattermann Resolution No. CC-06-21-04-02; A Resolution of the Common Council of the City of Carmel, Indiana to Adopt the Written Fiscal Plan and De£mite Policy for an area knoxvn as Annexation Territory in Ordinance No. C-262; (Annexation of Washington Townsb2p); Sponsor: Councilor Rattermann Resolution No. CC-06-21-04-03; A Resolution of the Common Council of the City of Carmel, Indiana to Adopt the Written Fis~'al Plan and Definite Policy for an area known as Annexation Territory in Ordinance No. C-263; (Annexation of SW Clay Township); Sponsor: Councilor Rattermarm Resolution No. CC-06-21-04-04; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Department of Community Services; Sponsor: Councilor [CLrby Resolution No. CC-06-21-04-05; A Resolution of the Common Council of the City of Carmel, Indiana to Create a Task Force to Study the Topic of Residential Architecture for Next, Homes m the City of Carmel and Clay Township; Sponsor: Councilor Rattermann 13. OTHER BUSINESS Consideration of Intent to Annex Territo~' by Town of Westfield, Section 4 of Brookside adj~acent to and south of 169'h street between Carey Road and Gray Road. 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT Office of the City of Carmel CITY OF CARMEL Clerk-Treasurer COMMON COUNCIL MEETING MINUTES MONDAY, JUNE 21, 2004 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Bramard; Council President Ron Carter; Council Members Rick Sharp, Kevin I~rby, Brian Mayo, Joe Griffiths, Fred Glaser and Mark Rattermann; Deputy Clerk-Treasurer Carrie Gallagher Clerk-Treasurer Diana Cordray was absent. Mayor Brainard called the meeting to order at 7:02 p.m. Pastor Wardwell pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Council President Carter recognized Deputy Clerk-Treasurer Carrie Gallagher, upon her departure, in appreciation of her service to the Council for last few years. APPROVAL OF MINUTES: Councilor Mayo moved to approve the Minutes of the June 7, 2004 Regular Meeting. Councilor Kirby seconded. Councilor Sharp moved to amend Page Two, the first paragraph under Old Business, as read aloud. Councilor IGrby seconded. The motion was approved 7-0. The Minutes were approved, as amended, 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Charles McManus of 9222 Garrison Drive in Indianapolis, requested to speak. Councilor Rick Sharp requested he not be permitted to speak. Mr. McManus left the podium. JeffDrogda of 533 1Forth Cour/addressed Council as self and State Senator regarding potential annexation of Westfield territory Andrew Ff/ard Gillette of 5059 tO)~gswood Drive, addressed Council regarding posted speed zone between 96th Street and 106th Street on Gray Road Council addressed Mr. Drozda's proposed Westfield territory. Mr. Drozda responded to council questions. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 COUN~TI.~ 1VIAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: There were none. ACTION ON MakYORAL VETOES: There were none. CLAIMS: Councilor Griffiths moved to approve claims in the amount of $1,420,397.74. Councilor Kirby seconded. Claims were approved 6-0 (Councilor Mayo abstained). COMMITTEE REPORTS: Councilor Ron Carter reported that the Finance, Administration and Rules Committee has not met. The next regular meeting of the Committee is scheduled for July 19, 2004 at 5:00 p.m. in the Caucus Room. Councilor Rattermann reported that the Land Use, Ant~o~ation and Economic Development Committee met June 10, 2004, at which time the Committee continued discussion on the mining issue. The Committee also provided a favorable recommendation for the passage of Ordinance Z-445-04 by a vote of 3-0 (1 abstained). The Committee also provided a unanimous, favorable recommendation to Council for the passage of Ordinance No. Z-448-04. The next regular meeting of the Committee is scheduled for July 8, 2004 at 5:30 p.m. in Council Chambers. Councilor Sharp stated that the Parks, Recreation and Arts Committee has not met due to lack of quorum. The next regular meeting of the Committee is scheduled for July 13, 2004, at 3:00 p.m. in the Caucus Room. Councilor IZ-2rby stated that the Utilities, Transportation and Pubhc Safety. Committee has not met. The next regular meeting of the Committee is scheduled for July 12, 2004 at 5:00 p.m. ha the Caucus Room. OLD BUSINESS: Council President Carter announced the Second Reading of Ordinance No. Z-445-04: An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the requirement that Residences on Lots Abutting Thoroughfares Derive Vehicular Access by Means of Alleys or Frontage Places. Councilor Rattermann presented this matter to Council. There was brief discussion. Ordinance No. Z-445-04 ~vas approved 7-0. Council President Carter announced the Second Reading of Ordinance No. Z-449-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Multiple Properties Along Main Street from the OM/MF; Old Meridian/Multi Family, OM/SFA: Old Meridian/Single Family Attached, OM/O: Old Meridian/Office and OM/SU: Old Meridian/Special Use District Classificatons to the OM/MU: Old Meridian/Mixed Use District Classification. Councilor Rattermann presented this matter -- to Council. There was brief discussion. Ordinance No. Z-449-04 was approved 7-0 PUBLIC HEARINGS: There was none. NEW BUSINESS: Council President Carter announced the First Readin~ of Ordinance No. D-1703-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2- 52 of the Carmel City Code (Worker's Compensation). Councilor Mayo moved to introduce this item into business. Councilor Kirby seconded and presented this matter to Council. Barbara Lamb, Director of Human Resources provided additional details of this ordinance. Councilor Carter referred Ordinance No. D-1703-04 to the Finance, Administration and Rules Comrmttee for further reviexv and consideration. Council President Carter announced the First Reacllng of Ordinance No. D-1704-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division III, Section 2- 61(b)(3) of the Carmel City Code (Meal Allowance). Councilor Mayo moved to introduce this item into business. Councilor Sharp seconded. Councilor ICArby presented this matter to Council. There was brief discussion. Councilor Carter referred Ordinance No. D-1704-04 to the Finance, Administration and Rules Committee for further review and consideration. Council President Carter announced the First Reading_ of Ordinance No. C-262: An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the same within the Corporate Boundaries thereof and making the same a part of the City of Carmel (Aunexation of Washington Township). Councilor Sharp moved to introduce this item into business. Councilor Rattermann seconded and presented this matter to Council. Nick Klle of Barnes & Thomberg addressed Council and provided the details of the proposed annexation and explained the annexation process. There was extensive Council discussion. Councilor Sharp moved to amend the council district from District One to District Two. Councilor Mayo seconded. Amendment approved by a vote of 7-0. Councilor Carter referred Ordinance No. C-262 to the Land Use, Annexation and Economic Development Committee that meets on July 8, 2004 at 5:30 p.m. for further reviexv and consideration. Council President Carter announced the First Reading of Ordinance No. C-263; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the same within the Corporate Boundaries thereof and making the same a part of the City of Carmel (Annexation of SW Clay Township). Councilor Mayo moved to introduce this item into business. Councilor IGrby seconded. Councilor Rattermann presented this matter to Council. Nick ICile of Barnes & Thomberg addressed Council. There was brief discussion. Councilor Carter referred Ordinance No. C-263 to the Land Use, Annexation and Economic Development Committee that meets on July 8, 2004, for further review and Council President Carter announced Resolution No. CC-06-21-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Providing for Reimbursement from Bond Proceeds. Councilor Kirby moved to Lntroduce this item into business. Councilor Mayo seconded. Councilor Rattermann presented this matter to Council. There was extensive Council discussion. Resolution No. CC-06-21-04-01 was approved 7-0. Council President Carter announced Resolution No. CC-06-21-04-02; A Resolution of the Common Council of the City of Carmel, Indiana to Adopt the Written Fiscal Plan and Definite Policy for an Area Known as Annexation Territory in Ordinance No. C-262; (Annexation of Washington Township). Councilor Kirby moved to introduce this item into business. Councilor Glaser seconded. Councilor Rattermann referred the presentation to Nick IGle of Barnes & Thomberg. There was brief Council discussion. Resolution No. CC-06-21-04-02 was approved 7-0. Council President Carter announced Resolution No. CC-06-21-04-031 A Resolution of the Common Council of the City of Carmel, Indiana to Adopt the Written Fiscal Plan and Definite Policy for an Area Known as Annexation Territory in Ordinance No. C-263; (Annexation of SW Clay Township). Councilor Kirby moved to introduce this item into business. Councilor Sharp seconded. Councilor Rattermann referred the presentation to Nick Kile of Barnes & Thornberg. There was brief Council discussion. Resolution No. CC-06-21-04-03 was approved 7-0. Council President Carter announced Resolution No. CC-06-21-04-041 A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds by the Department of Community Services. Councilor Rattermarm moved to introduce this item into business. Councilor Glaser seconded. Councilor Kirby presented this matter to Council. Mike Hollibaugh, Director of Department of Community Services provided additional details. There was brief Council discussion. Resolution No. CC-06-21-04-04 was approved 7-0. Council President Carter announced Resolution No. CC-06-21-04-05; A Resolution of the Common Council of the City of Carmel, Indiana to Create a Task Force to Study the Topic of Residential Architecture for New Homes in the City of Carmel and Clay Township. Councilor Sharp moved to introduce this item into business. Councilor Rattermann seconded and presented this matter to Council. There was brief Council discussion. Mike Hollibaugh, Director of Department of Community Services responded to Council questions and concerns. Council discussion continued. Resolution No. CC-06-21-04-05 was approved 7-0. OTHER BUSINESS: Council President Carter presented the Consideration of Intent to Annex Territory by Town of Westfield, Section 4 of Brookside adjacent to and south of 169th street between Carey Road and Gray Road. Councilor Sharp proposed this matter be held over for further review and determination of the specific location of the proposed area to be annexed, specifically a bigger/readable map. Councilor Kirby asked if there is a timeframe by which the Council must respond to the Town of Westfield. Councilor IGrby then noted that the City Attorney had left the Chamber. Councilor Kirby then discussed his views regarding the reinstating of the County Wheel Tax. County Councilman Rick McI~mey contributed to Councilor IC, irby's discussion. The City Attorney returned to Chamber and Council President Carter inquired if a timeframe was required to be met by the Council regarding the Annexation by the Town of Westfield. Doughs Haney, City Attorney informed Council there is no timeframe found in Indiana Code for Council to respond to Westfield's written request. Council President Carter informed Council he would contact Jerry Rosenberger, Town Manager, to request additional information and a more detailed map of the area. Councilor Joe Griffiths stated he had planned to introduce an Ordinance for an additional appropriation for the City Attorney but was unable to because of an admirfistrative glitch. The City Attorney stated that the previous Council had passed Ordinance D-1653-03 last year, which required public hearings to be held on the second reading. In January 2004, the City Attorney prepared ordinance D-1672-04 that allowed public hearings to be held on either the first or second reading. He further stated that the Clerk-Treasurer had erroneously amended the language of the Ordinance (13-1672-04) to require the public hearing to be held only at the f~rst reading of the Ordinance. Mr. Haney stated that Councilor Griffiths had moved to amend the language of the ordinance at the meeting on January 26, 2004 to reflect the original intent of the Ordinance. Mr. Haney stated that he had reviewed the minutes of the meeting and that they clearly stated that the Clerk- Treasurer had amended Ordinance D-1672-04 requiring that public hearings shall be heard at the f~rst reading. The minutes show that Councilor Griffiths' amendment and the Ordinance were adopted by the Council. The document presented to the Council for signatures stated erroneously that public hearings shall be held on the first reading only. Based on the minutes, this is erroneous and doesn't reflect the will of the Council. _ANNOUNCEMENTS: Mike Hollibaugh, Dkector of the Department of Community Services announced there would be Public Meeting regarding a Segment of U.S. 31 improvements. Meeting will be held Wednesday, June 23, 2004 at the Cool Creek Park in Westfield. Public Officials will meet at 1:00 p.m. General public will meet at 3:00 ~.__~[.Q_~_RNMENT: Council President Carter moved to adjourn, pending the execution of documents. adjourned at 8.32 p.m. The meeting was Respectfully submitted, Clerk-Treasurer D~AM Approved, N~or James Brainard Clerk-Treasurer Diana L. Cordray, D~ 06/21/04 Cf]Minutes