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HomeMy WebLinkAboutCCM-08-02-04 Office of the Clerk-Treasurer Cky of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, AUGUST 2, 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 APPROVAL OF MINUTES a. January 26, 2004 - AMENDED b. July 19, 2004 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development CorCamttee c. Parks, Recreation and Arts Comnnttee d. Uti~ties, Transportation and Public Safety Comrrattee ON E CiViC SQUAi~,E CAI~.MEL, INDIAN A 46032 317/571-2414 10. 11. OLD BUSINESS PUBLIC HEARINGS First Reodinff of Ordinance No. Z-451-04; An Ordinance of the Common Council of the City' of Carmel, Indiana, Rezoning District Classification (Rezoning property generally located at 10640 North College Avenue from R-3/Residence District to B- 1/Business District); Sponsor: Councilor Rattermann. First Readin? of Ordinance No. Z-453-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Petition to Amend several chapters of the Carmel Zoning Ordinance. The purpose of this amendment is mainly to clariff existing language, and to re-organize sections to make the ordinance more orderly, consistent and user-friendly. However, some sections include new language and/or nexv requirements; Sponsor: Councilor Rattermann. First Reading of Ordinance No.Z-454-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Rezoning the Stair Property located at 3760 W. 96~ Street from the S4/Residence District Classification to the B-7/Business District Classification); Sponsor: Councilor Rattermann. 12. 13. 14. 15. 16. NEW BUSINESS First Reodinv of Ordinance No. D-1713-04; An Ordinance of the Common Council of the City (~f Carmel, Indiana, Fixing the Salaries of the Appointed Officers and Employees of the Clerk-Treasurer, City of Carmel, Indiana For The Year 2005; Sponsor: Councilor Glaser. First Readinc, of Ordinance No. D-1714-04; An Ordinance of the Common Council of the City o~Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court, Carmel, Indiana For The Year 2005; Sponsor: Councilor Glaser. OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS ADJOURNMENT 11. PUBLIC HEARINGS First Reading of Ordinance No. D-1716-04; An Ordinance of the Common Council of the City of Carmel, Indiana Providing For An Additional Appropriation of Funds From Parks Capital Fund Operating Balance; Sponsor: Councilor Sharp First Reading of Ordinance No. D-1718-04; An Ordinance of the Common Council of the City of Carmel, Indiana Providing For An Additional Appropriation of Funds From Rainy Day Fund And The Motor Vehicle Highway Fund Operating Balances (Litigation); Sponsor: Councilor Griffiths First Reading of Ordinance No. D-1722-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations and Tax Rates for the 2005 Budget ($61,036,327); Sponsor: Councilor Kirby First Reading of Ordinance No. Z-452-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Rezonmg the Dunkerly Property from the R-l/Residence District Classification to the B-2/Business District Classification) (with restricted uses); Sponsor: Councilor Kirby 12. NEW BUSINESS First Reading of Ordinance No. D-1715-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 8, Article 6, Section 8-58 (Vehicle Weight Limitations); Sponsor: Councilor Kithy. First Reading of Ordinance No. D-1717-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing the Salaries of the Appointed Officers and Employees of the City of Carmel, Indiana, For The Year 2005; Sponsor: Councilor Carter. First Reading of Ordinance No, D-1719-04: An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds From The Motor Vehicle Highway Fund to the Engineering Department (Keystone Avenue Engineering Study); Sponsor: Councilor Rattermann. First Reading of Ordinance No. D-1720-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 1, Section 1-16 to the Carmel City Code (Second Class City Status); Sponsor: Councilors Rattermann, Griffiths, Mayo and Carter. First Reading of Ordinance No. D-1721-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving Application for Community Revitalization Enhancement District (CRED); Sponsor: Councilor Carter CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, AUGUST 2, 2004 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CMC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Ron Carter; Council Members Kevin IGrby, Brian Mayo, Joe Griffiths, Fred Glaser and Mark Rattermann; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Lois Fine were also present. .Councilor Rick Sharp was absent. ~layor Brainard called the meeting to order at 7:03 p.m. ~Councilor Brian Mayo pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. In the absence of Council President Carter, Councilor Kirby proceeded with the meeting. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none APPROVAL OF MINUTES: Councilor Mayo moved to approve the amended Minutes of the January 26, 2004 Regular Meeting. Councilor Rattermann seconded. The Minutes were approved 5-0. Council President Carter arrived at 7:05 p.m. Councilor ICh:by moved to approve the Minutes of the July 19, 2004 meeting. Councilor Mayo seconded. The Minutes were approved 6-0 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Mayor Brainard read an e-mail he received from Tom Kendall commending David Klingensmith, DLtector of the Street Department, and his staff. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo moved to approve claims in the amount of $1,877,279.95. Councilor Glaser seconded. Claims were approved 6-0. Councilor Mayo moved to approve claims in the amount of $6,057.51. Councilor IGrby seconded. Claims were approved 6-0. COMMITTEE REPORTS: Council President Carter reported that the Finance, Administration and Rules Committee has not met. Councilor Rattermann reported that the Land Use, Annexation and Economic Development Committee has not met. Councilor Rattermann raised the issue of discussing a Resolution approved by the Town of Westfield. Council President Carter stated on behalf of Councilor Sharp that the Parks, Recreation and Arts Committee has not met. Councilor Kirby stated that the Utilities, Transportation and Public Safety. Committee has not met. The next regular meeting of the Committee is scheduled for August 9, 2004 at 5:00 p.m. in the Caucus Room. OLD BUSINESS: Council President Carter read a memo from Clerk-Treasurer Diana Cordray dated July 28, 2004 regarding Add-on Agenda Items. Councilor Rattermann's request to add-on an item (Resolution No. CC-08-02-04-01 and Attachment "A") was to be held for OTHER BUSINESS. PUBLIC HEARINGS: Council President Carter announced the First Reading of Ordinance No. Z-451-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Rezoning property generally located at 10640 North College Avenue from R-3/Residence District to B-1/Business District). Councilor Kirby moved to introduce this item into business. Councilor Griffiths seconded. Councilor Rattermann presented th/s matter to Council. Council President Carter opened the matter for Public Hearing at 7:22 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 7:22:30 p.m. Councilor Rattermann referred this ordinance to Dennis Lockwood of Mark Swanson Associates, Inc., 10610 North Park Avenue, Indianapolis, Indiana 46280 to address Council on this ordinance. Jon Dobosiewicz of DOCS addressed Council. There was no Council discussion. Council President Carter referred Ordinance No. Z-442-04 to the Land Use, Annexation and Economic Development comrmttee meeting on August 12, 2004 for further review and consideration. Council President Carter announced the First Reading of Ordinance No. Z-453-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Petition to Amend several chapters of the Carmel Zoning Ordinance. The purpose of this amendment is mainly to clarify existing language, and to re-organize sections to make the ordinance more orderly, consistent and user-friendly. However, some sections include new language and/or new requirements. Councilor Kirby moved to introduce this item into business. Councilor Griffiths seconded. Councilor Rattermann presented this matter to Council. Jon Dobosiewicz of DOCS addressed Council. Council President Carter opened the matter for Public Hearing at 7:32: p.m. Seeing no one xvho wished to speak, the Public Hearing was closed at 7:32:30 p.m. There was no Council discussion. Council President Carter referred Ordmance No. Z-453-04 to the Land Use, Annexation and Economic Development Committee meeting on August 12, 2004 for further review and consideration. Council President Carter announced the First Reading of Ordinance No. Z-454-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezonmg District Classification (Rezoning the Stair Property located at 3760 W. 96th Street from the S-1/Residence District Classification to the B-7/Business District Classification). Councilor Kirby moved to introduce this item into business. Councilor Griffiths seconded. Councilor Ratrermann presented this matter to Council. Jon Dobosiewicz of DOCS addressed Council. Council President Carter opened the matter for Public Hearing at 7:34 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 7:34 p.m. There was no Council discussion. Council President Carter referred Ordinance No. Z-454-04 to the Land Use, Annexation and Economic Development Comrmttee neeting on August 12, 2004 for further review and consideration. NEW BUSINESS: Council President Carter announced the First Reading_ of Ordinance No. D-1713-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing the Salaries of the Appointed Officers and Employees of the Clerk-Treasurer, City of Carmel, Indiana for the Year 2005. Councilor Kirby moved to introduce this item into business. Councilor Griffiths seconded. Councilor Glaser presented this matter to Council. There was no Council discussion. Council President Carter referred Ordmance No. D~1713-04 to the Finance, Administration and Rules Comrmttee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1714-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court, Carmel, Indiana For The Year 2005. Councilor Rattermann moved to introduce this item into business. Councilor Mayo seconded. Councilor Glaser presented this matter to Council. There was brief Council discussion. Council President Carter referred Ordinance No. D-1714-04 to the Finance, Administration and Rules Committee for further review and consideration. OTHER BUSINESS: Councilor Rattermann moved to suspend the rules and pass a Resolution. Councilor Griffiths seconded. Councilor IGrby called for point of clarification that the Resolution should be f~rst added to the agenda. Councilor Rattermann moved to add the item to the agenda. Councilor Glaser seconded. Motion passed 6-0. 2ouncilor Rattermann presented this matter to Council and made a motion which was seconded by Councilor Grby to amend the Resolution with the insertion that Council requests a legal "andfiscal" analysis. He then referred to Mike Shaver of Wabash Scientific for clarification. There was extensive Council discussion. Council President Carter called for the vote on the amendment. Amendment adopted 6-0. Council President Carter :hen asked for a Resolution number from the Clerk-Treasurer. Council President Carter then called for the question. Resolution No. CC-02-02-04-01 As Amended was approved 6-0. ANNOUNCEMENTS: Councilor Rattermann announced that his nominee for the Carmel Redevelopment Comn'nttee, Bill Hammer, would be attending the next Council meeting to be held on August 16, 2004. Councilor Rattermann announced that he had attended an IDEM (air quality) meeting August 2, 2004. Council President Carter discussed the Consideration of Intent to Annex Territory by Town of Westfield, Section 4 of Brookside adjacent to and south of 169t~ street between Carey Road and Gray Road. There ~vas brief Council discussion. Council President Carter referred this matter to Land Use, Annexation and Economic Development Committee for further review and consideration. ADJOURNMENT: Councilor Rattermam~ moved to adjourn, pending the execution of documents. Councilor Kirby seconded. The meeting was adjourned at 8:21 p.m. Respectfully submitted, Clerk-Treasurer Diana L Cordray, IA~[C Approved, ~/ayor James Brainard ATTEST: ]lerk-Treasurer Diana L. Cordray, I~ 08/02/04 CC Minute,s Resolution 04-24 A RESOLUTION FOR THE FUTURE OF WESTFIELD: A Resolution Adopting Terms and Conditions for Owner-Requested Annexation of the Properties within and Proximate to the Proposed Carmel Annexation Area of Washington Township, Hamilton County, Indiana WHEREAS, the Town Council of the Town of Westfield, Indiana ("Council") believes that residents within the unincorporated areas of Washington Township should be free to choose which community they belong; and WHEREAS, a map describing the boundaries of the Annexation Territory is attached hereto and incorporated herein; and WHEREAS, the Council has listened to the concerns voiced by residents within the Annexation Territory and seeks to address those concerns with the Terms and Conditions below; and WHEREAS, the Town of Westfield currently provides the majority of municipal services within the Annexation Territory; and WHEREAS, the Council believes that the Town of Westfield can provide the best possible services to the residents of the Annexation Territory at the lowest possible cost. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Westfield, Indiana that: Section 1. The Council adopts this resolution submitting to the town's voters the question pl~ of whether the Town of Westfield should change into a city per IC 36-4-1-4. The resolution for the public question shall be submitted to the clerk of the Hamilton County circuit court to be placed on the November 2, 2004 election ballot. Should the residents vote to become a city, the effective date of becoming a city will be January 1, 2007, following the election of city officials in the November 2006 election. Section 2. The Council hereby establishes a Consensual Annexation Process that will be available to residents within and proximate to the proposed Carmel annexation area of Washington Township through March 1, 2005. The Consensual Annexation Process will enable residents to choose to be annexed into the town of Westfield under advantageous conditions of service and taxation that are not proposed and are not available under the involuntary annexation plan by Carmel. Residents choosing to be annexed into Westfield through this process will become official residents of Westfield on the effective date of March 10,2006 and will be eligible to participate as candidates and voters in the 2006 Westfield municipal elections. Section 3. On or before January 1, 2006, the town council will redistrict and expand the town or city council from five members to seven members to be elected in the November 2006 elections in anticipation of the incorporation of the Consensual Annexation areas into the town. Section 4. In order to immediately provide more direct representation to those landowners selecting to participate in the Consensual Annexation Process, the Council hereby creates an Annexation Advisory Board to the Westfield Town Council. The Advisory Board will be comprised of three residents selected by the residents in the areas choosing to be annexed into Westfield as part of the Consensual Annexation Process. The board will participate in all Wesffield Town council meetings and be included on all legally allowed to~vn council correspondence. The Annexation Advisory Board will remain in effect until January 1,2007, at which time new members of the town or city will have been elected in the municipal general election held in November 2006. Section 5. The town council shall seek the recommendation from the Westfield Washington Township School Board as to the impact of proposed developments within the school district. Section 6. The Council adopts the following Terms and Conditions that shall be included in