HomeMy WebLinkAboutCCM-04-18-05 City of Carmel
Office of the
C|erk-Treasurer
COMMON COUNCIL MEETING
AGENDA
MONDAY, APRIL 18, 2005 - 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEETING CALLED TO ORDER
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INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
APPROVAL OF MiNUTES
a. March 21,2005 Regular Meeting
b. April 7, 2005 Special Meeting
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
ACTION ON MAYORAL VETOES
CLAIMS
,, Payroll
General Claims
Retirement
COMMITTEE REPORTS .
a. Finance, Administration and Rules Committee
b. Land Use, Annexatio~n 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
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OLD BUSINESS
a.
Sixth Reading of Ordinance D-1686-04~ As Amended (Version D - March 16~ 2005);
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 (Regulate Mining
Operations/Martin Marietta); Sponsor(s): Councilors Glaser and Rattermann.
1 1. PUBLIC HEARINGS
First Reading of Ordinance D-1748-05; An Ordinance of the Common Council of the
City of Carmel, Indiana to Vacate a Segment of Right-of-Way for 3rd Avenue NW
(Fredrick P. Hinshaw and Nancy B. Hinshaw, owners of the real estate); Sponsor:
Councilor Rattermann.
Second Reading of Ordinance D-1749-05; An Ordinance of the Common Council of the
City of Carmel, Indiana Providing for an Additional Appropriation of funds from the
Operating Balance of the General Fund ($ l, 127,600) and from the Operating Balance of
the Motor Vehicle Highway Fund'(S1,074,960); Sponsor: Councilor Glaser.
First Reading of Ordinance Z-473-05; An Ordinance of the Common Council o['the
City of Carmel, Indiana, An Ordinance Adopting Chapter 23G; 116th Street Overlay Zone;
Sponsor: Councilor Sharp.
First Reading of Ordinance Z-474-05; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the 116"~ Sti'eet Overlay Zone Classification;
Sponsor: .Councilor Sharp.
12. NEW BUSINESS
First Reading of Ordinance D-1750-05; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 2, Article 4,
Section 22125, Establishing a Non-Reverting Thoroughfare Development Fund (Fund
#913); Sponsor: Councilor Carter.
First Reading of Ordinance D-1751-05; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 3, Division IX, Section 2-59 of the
Carmel City Code (Tuition Reimbursement); Sponsor(s): Councilor(s) Mayo and Sharp.
Resolution CC-04-18-05-01; A Resolution of the Common Council of the City of
Carmel, Indiana, Regarding the Purchase of Real Estate (2700 West 116th Street/West
Park); Sponsor(s): Councilor(s) Carter, Mayo and Sharp.
Resolution CC-04-18-05-02; A Resolution of the Common Council of the City of
Carmel, Indiana, Regarding An Intergovermnental Transfer 0f Real Property (Carmel
Theatre Park - 21 South Rangeline Road); Sponsor: Councilor Rattermann~
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Resolution CC-04-18-05-03; A Resolution of the Common Council of the City of
Carmel, Indiana, Regarding An Intergovernmental Transfer of Real Property (Former Art
Gallery - 30 West Main Street); Sponsor: Councilor Rattermann.
f. Resolution CC-04-18-05-04; A Resolution of the Common Council of the City of
Carmel, Indiana, Establishing a Contractual Relationship with the Fraternal Order of
Police Lodge #185; Sponsor: Councilor Mayo.
OTHER BUSINESS
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
ADJOURNMENT
COMMON COUNCIL MEETING
MINUTES
MONDAY, APRIL 18, 2005 -6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard, Council President Kevin Kirby, Council Members Brian Mayo, Joe Griffiths,
Fred Glaser, Ron Carter, Mark Rattermann and Deputy Clerk-Treasurer Lois Fine.
Councilor Rick Sharp was absent.
Mayor Brainard called the meeting to order at 6:04 p.m.
Father Joe Moriarty, Indianapolis Fire Department chaplain, pronounced the Invocation.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Glaser made a motion to approve the Minutes of the March 21, 2005 Regular Meeting.
Councilor Mayo seconded. Council President Kirby called for the question. The Minutes were approved
6-0.
Councilor Glaser made a motion to approve the Minutes of the April 7, 2005 Special Meeting. Councilor
Mayo seConded. Council President Kirby called for the question. The Minutes were approved 6-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
1) Jeff Anderson, 4852 Greenspire Drive (Sycamore Farms), Carmel, h,diana, spoke in opposition to
the mining ordinance.
2) Noble Hatfield, 11499 Regency Lane (Sycamore Farms), Carmel, Indiana, spoke in opposition to
the mining ordinance.
3) Larry Kane, 11268 Williams Court (Kingswood), Carmel, Indiana, spoke in favor of the rnining
ordinance.
4) Mike Hollibaugh, Director, Department of CommuniOJ Services, City of Carmel, Ordinance
D-1686-04, As Amended, new amended version will be discussed this evening.
COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Mayor Brainard gave an update regarding the Hamilton County Commissioners TIF districts (attachment
1).
ACTION ON MAYORAL VETOES:
CLAIMS.:
Councilor Mayo made a motion to approve the claims in the amount of $387,59l .05. Councilor Griffiths
seconded. Council President Kirby called for the question. Claims were approved 6-0.
COMMITTEE REPORTS:
Councilor Glaser reported that the Finance, Administration and Rules Committee met on April 18, 2005,
but they did not have a quorum and no action was taken.
Councilor Glaser reported that the Land Use, Annexation and Economic Development Committee met on
April 14, 2005. Mayor Brainard made a presentation of the Performing Arts Center.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met but would be
discussing Resolution CC-04-18-05-01 (property on 116th street) this evening.
Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee met on April 11,
2005 and discussed Ordinance D-1731-04. This ordinance will be placed on the Ma)' 2, 2005 agenda
(with a favorable recommendation from the committee).
OLD BUSINESS
Council President Kirby announced the Sixth Reading of Ordinance D-1686-04~ As Amended {Version
D - March 16~ 2005); 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 (Regulate Mining
Operations/Martin Marietta). Councilor Glaser referred to Mike Hollibaugh for review of the new
amendments, VERSION E- April 18, 2005: 1) page 6, line 36- new text, (16) a Mining plan per
Section 6-171; 2) page 19, line 23 - strike (a) (3) through (9) and add (b); 3) page 21, line 41 - strike
boundaries of the land controlled by the Operator; 4) page 22, lines 22 thru 24 - add new text, (5) The
Vibration and Airblast limits contained in this subsection shall be applicable only to those Operations
involving Blasting that exist on or before the Effective Date; 5) page 25, line 37 - strike ninety (90), add
thirty (30). Councilor Glaser made a motion to accept Ordinance D-1686-04, As Amended VERSION E
- April 18, 2005. Councilor Carter seconded. There was no Council discussion. Council President Kirby
called for the question. The motion to accept Ordinance D-1686-04, As Amended VERSION E - April
18, 2005, was approved 5-1 (Councilor Griffiths opposed). There was no Council discussion. Council
President Kirby called for the ques{ion. Ordinance D-1686-04, As Amended, VERSION E -April 18,
2005 was adopted 5-1 (Councilor Griffitbs opposed).
PUBLIC HEARINGS
Council President Kirby announced the First Reading of Ordinance D-1748-05; An Ordinance of the
Common Council of the City of Carmel, Indiana to Vacate a Segment of Right-of-Way for 3rd Avenue
NW (Fmdrick P. Hinshaw and Nancy B. Hinshaw, owners of the real estate). Councilor Mayo moved to
introduce this item into business. Councilor Glaser seconded.-Councilor Rattermam~ referred to Jim
Shinaver, Attorney, Nelson & Frankenberger, 3105 E. 98~h Street, Suite 170, Indianapolis, Indiana 46280
to present this matter to Council. Also in attendance was Randy Compton, Mid States Engineering, 9615
E. 148th Street, Suite 6, Noblesville, Indiana 46060. Council President Kirby opened the Public Hearing
at 6:37 p.m. Seeing no one xvho wished to speak, Council President Kirby closed the Public Hearing at .
6:37:30 p.m. There was brief CounciI discussion. Councilor Rattermann made a motion to suspend the
rules and vote this evening. Councilor Glaser seconded. Council President Kirby called for the question.
The motion to suspend the rules and vote this evening passed 6-0. There was no Council discussion. -
Council President Kirby called for the question. Ordinance D-1748-05 was adopted 6-0.
Second Reading of Ordinance D-1749-05; An Ordinance of the Common Council of the City of Carmel,
Indiana Providing for an Additional Appropriation of funds from the Operating Balance of the General
Fund ($1,127,600) and from the Operating Balance of the Motor Vehicle Highway Fund ($1,074,960).
Council President Kirby passed the gavel to Councilor Griffiths due to conflict of interest on this
ordinance. Councilor Carter made a motion to present this matter to Council. Councilor Rattermann
seconded. Councilor Glaser presented this item to Council. Councilor Griffiths opened the Public
Hearing at 6:40 p.m. Seeing no one who wished to speak, Councilor Griffiths closed the Public Hearing
at 6:41 p.m. Councilor Mayo made a motion to approve Ordinance D-1749-05. Councilor Rattermann
seconded. There was no Council discussion. Councilor Griffiths called for the question.
Ordinance D-1749-05 was adopted 5-0 (Council President Kirby did not vote due to conflict or' interest).
Council President Kirby reclaimed the gavel.
Council President Kirby announced the First Reading of Ordinance Z-473-05; An Ordinance of the
Common Council of the City of Carmel, Indiana, An Ordinance Adopting Chapter 23G; 116tI' Street
Overlay Zone. Councilor Carter moved to introduce this item into business. Councilor Mayo seconded.
Councilor Carter presented this item to Council. Council President Kirby opened the Public Hearing at
6:43 p.m. Seeing no one who wished to speak, Cottncil President Kirby closed the Public Hearing at
6:43:30 p.m. Councilor Mayo made a motion to suspend the rules and vote this evening. Councilor
Rattermann seconded. Council President Kirby called for the question. The motion to suspend the rules
and vote this evening passed 6-0. There was no Council discussion. Council President Kirby called for
the question. Ordinance Z-473-05 was adopted 6-0.
Council President Kirby announced the First Reading of Ordinance Z-474-05; An Ordinance of the
Common Council of the City of Carmel, Indiana, Establishing the 116th Street Overlay Zone
Classification. Councilor Carter moved to introduce this item into business. Councilor Rattermann
seconded. Councilor Carter presented this item to Council. Council President Kirby opened the Public
Hearing at 6:46 p.m. Zeff Weiss, Attorney, Ice Miller, 3400 One American Square, Indianapolis, Indiana,
addressed Council regarding a parcel of ground on the NE corner of 116th & Hoover. Seeing no one else
who wished to speak, Council President Kirby closed the Public Hearing at 6:48 p.m. Councilor
Rattermann referred to Jon Dobosiewicz, Department of Community Services, for clarification of pending
petitions for plat approval in reference to this ordinance. There was briefCounciI discussion. Councilor
Rattermann made a motion to suspend the rules and vote this evening. Councilor Glaser seconded.
Council President Kirby called for the question. The motion to suspend the rules and vote this evening
passed 6-0. There was no Council discussion. Ordinance Z-474-05 was adopted 6-0.
NEW BUSINESS
Council President Kirby announced the First Reading of Ordinance D-1750-05; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 2,
Article 4, Section 2-125, Establishing a Non-Reverting Thoroughfare Development Fund (Fond #913).
Councilor Glaser moved to introduce this item into business. Councilor Carter seconded. Councilor
Carter presented this item to Council. There was brief Council discussion. Councilor Carter referred to
Jon Dobosiewicz, Department of Community Services, for clarification of the ordinance. There was brief
Council discussion. Council President Kirby referred Ordinance Do1750-05 to the Land Use, Annexation
and Economic Development Committee for further review and consideration.
Council President Kirby announced the First Reading of Ordinance D-1751-05; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2-
59 of the Carmel City Code (Tuition Reimbursement). Councilor Glaser moved to introduce this item
into business. Councilor Griffiths seconded. Councilor Mayo presented this item to Council. There was
no Council discussion. Council President Kirby referred Ordinance D-1751-05 to the Finance,
Administration and Rules Committee for further review and consideration.
Council President Kirby announced Resolution CC-04-18-05-01; A Resolution of the Common Council
of the City of Carmel, Indiana, Regarding the Purchase of Real Estate (2700 West 116th Street/West
Park). Councilor Mayo moved to introduce this item into business. Councilor Glaser seconded.
Councilor Mayo referred to Mark Westermeier, Director of the Parks Department, for presentation to
Council. There was brief Council discussion. Council President Kirby called for the question.
Resolution CC-04-18-05-01 was adopted 6-0.
Council President Kirby announced Resolution CC-04-18-05-02; A Resolution of the Common Council
of the City of Carmel, Indiaoa, Regarding An Intergovernmental Transfer of Real Property (Carmel
Theatre Park - 21 South Rangeline Road). Councilor Carter moved to introduce tbis item into business.
Councilor Rattermann seconded. Councilor Rattermann referred to Mayor Brainard to present this item to
Council. There was no Council discussion. Council President Kirby called for the question.
Resolution CC-04-18-05-02 was adopted 6-0.
Council President Kirby announced Resolution CC-04-18-05-03; A Resolution of the Common Council
of the City of Carmel, Indiana, Regarding An Intergovernmental Transfer of Real Property (Former Art
Gallery - 30 West Main Street). Councilor Rattermann moved to introduce this item into business.
Councilor Griffiths seconded. Councilor Rattermann referred to Mayor Brainard to present this item to
Council. There was brief Council discussion. Council President Kirby called for the question.
Resolution CC-04-18-05-03 was adopted 6-0.
Council President Kirby announced Resolution CC-04-18-05-04; A Resolution of the Common Council
of the City of Carmel, Indiana, Establishing a Contractual Relationship with the Fraternal Order of Police
Lodge #185. Councilor Carter moved to introduce this item into business. Councilor Glaser seconded.
Councilor Mayo presented this item to Council and made a motion to accept amendments to the
ordinance: 1) page 1, Section 2, line 21 - strike FOP, should now read: majority of the members; 2) page
2, Section 7, line 40 - add to header, Dues. Bulletin Board, Section 8, line 56 - add to header, ~[Tages &
Benefits Committee; FOP Business; 3) page 3, Section 9, line 72 - add to header, Personnel Files; 4) page
4
4, Section 10, line 96 - add to header, Equipment; Section 11, line I01 - add to header, Wages & Benefits;
line 119 - add andafler hours; 5) page 8 - add Section 15 between lines 219 and 220. Councilor Griffiths
seconded. There was no Council discussion. Council President Kirby called for the question. The
motion to accept amendments to the ordinance passed 6-0. There was brief CounciI discussion. Council
President Kirby called for the question. Resolution CC-04-18-05-04 was adopted 6-0.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
There were none.
EXECUTION OF DOCUMENTS
Mayor Brainard adjourned the meeting following execution of documents at 7:35 p.m.
ADJOURNMENT
ATTEST:
Clerk-Treasurer Diana L. Cordray, ~/IC
Respectfully submitted,
Clerk-Treasurer Diana L. Cordr/~y/IAMC
Approved,
yyor James Brainard