HomeMy WebLinkAboutCCM-07-16-01
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
MONDAY, JULY 16, 2001 - 7:00 P.M.
COUNCIL CHAMBERS / CllY HALL / ONE CMC SQUARE
MEMBERS PRESENT:
Council Members Kevin Kirby, Bob Battreall, Norm Rundle, Luci Snyder, Ron Carter and Wayne
Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher.
Mayor James Brainard and Councilor John Koven were absent. Council President Kirby was appointed
Acting Mayor, a copy of said appointment is attached hereto.
Council President Kirby called the meeting to order at 7:04 p.m.
Councilor Carter pronounced the Invocation.
Council President Kirby led the Pledge of Allegiance.
RECOGNITION OF CllY EMPLOYEES AND OUTSTANDING CITIZENS:
Councilor Battreall read aloud a presentation recognizing the Department of Communications and its
employees for their diligent performance of regular duties and rising to the occasion under special
circumstances due to significant turnover in recent months. Councilor Battreall, together with Jim
Kinder, Director of the Communications Center, presented the following employees with a plaque for
their outstanding service to the City of Carmel: Linda Acosta, William Akers, Susan Capshaw, Li Ann
Coady-Wolfe, Benjamin Craig, Angela Dolan, Peggy Gordon, David Heinzman, Melissa Kehl, Vicki
Marsh, Dennis Stilts and Sue Ann Wall.
APPROVAL OF MINUTES:
Councilor Battreall moved to approve the Minutes of the June 18,2001 Regular Meeting. Councilor
Snyder seconded. The Minutes were approved 6-0.
Councilor Rundle moved to approve the Minutes of the July 6,2001 Special Meeting. Councilor Snyder
seconded. The Minutes were approved 5-0. Councilor Carter abstained from the vote.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Bob Bosar of 2987 Cameo Drive, addressed the Council on behalf of some of the residents of Western
Clay Township and spoke in opposition of the proposed annexation of Western Clay Township. Mr.
Bosar also presented a petition to the members of Council expressing concerns of the residents
represented by the petition.
Hollv Brooks of 1088 Laurelwood, spoke in support of Mr. Bosar's comments to the Council and in
opposition of the proposed annexation of Western Clay Township.
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E. Cavalier of 1021 Laurelwood, also spoke in support of Mr. Bosar's comments to the Council and in
opposition of the proposed annexation of Western Clay Township.
Dan Dutchen of 11583 Sutton Place Drive, addressed the Council in support of the proposed annexation
of Western Clay Township.
Marv Eckard of 11025 Timer Lane, a member of the Clay Township Board, questioned the Council
regarding the amount of money from the Carmel Fire Department Budget that is being asked to transfer
for the appropriation to cover expenses related to the proposed annexation of Western Clay Township.
Gerrv Golden of 308 Soring Mill Court, addressed the Council on behalf of the residents of Spring Mill
Place in opposition to the Illinois Street Corridor Resolution. An e-mail outlining several questions
and/or concerns regarding the proposed Resolution was submitted to Council members at an earlier date,
a copy of which has been submitted to the Clerk-Treasurer's office and made an attachment to the
original Minutes of this meeting.
Judv Hagan, Clay Township Trustee, addressed the Council with concerns regarding the Illinois Street
Resolution as well as questions surrounding the intersection at 106th Street and College Avenue.
Preetham Jettv of 1004 Laurelwood, spoke in support of Mr. Bosar's comments to the Council and in
opposition of the proposed annexation of Western Clay Township.
Kathleen Lee of 11009 Soring Mill Lane, addressed the Council on behalf of the residents of Spring Mill
Place in opposition to the Illinois Street Corridor Resolution and addressed several questions and/or
concerns regarding the proposed Resolution.
Carl Mills of 13001 West Road, a member of the Clay Township Board, also questioned the Council
regarding the amount of money from the Carmel Fire Department Budget that is being asked to transfer
for the appropriation to cover expenses related to the proposed annexation of Western Clay Township.
Mark Ratterman of 11257 St. Andrews Lane, spoke in favor ofthe proposed annexation of Western Clay
Township.
Rick Sharp of 1481 Stormv Ridge Court, addressed the Council on behalf of the residents of Spring Mill
Crossing residents in favor of the proposed annexation of Western Clay Township.
David Vondle of 1149 Laurelwood, spoke in opposition of the proposed annexation of Western Clay
Township.
Fred Y de of 2117 Burning Tree Lane, addressed the Council on behalf of the residents of Crooked Stick
West residents in opposition of the proposed annexation of Western Clay Township.
Bud Wilson of 10411 Towne Road, spoke in favor of the proposed annexation of Western Clay
Township.
COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Snyder commented regarding the Illinois Street Corridor Resolution.
Councilor Battreall responded to concerns regarding the Carmel Fire Department transfer as well as
commented on the proposed annexation of Western Clay Township.
Councilor Carter also commented on the proposed annexation of Western Clay Township.
Prior to a recess, Council President Kirby provided his report on the Utilities and Trans/Jortation
Committee in order to subdue those persons who may be waiting in the audience. Council President
Kirby stated that the Plan Commission provided a positive recommendation of the Illinois Street
Corridor Resolution to the Council. Upon consideration by the Committee, Council President Kirby
reported that the Committee recommends to Council that the Resolution be accepted as written, with the
.advisement that it be returned to the Plan Commission for possible amendment with concentration on
four areas of concern represented by the community. Council President Kirby advised that adopting the
Resolution as it stands will allow the necessary informaiion to be submitted to INDOT in accordance
with the deadline providedfor the us. 31 Plan.
Council President Kirby called a recess at 8:25 p.m.
Council President Kirby reconvened the meeting at 8:40 p.m. .
CLAIMS:
Councilor Snyder moved to approve claims in the amounts of$334,050.27 and $621,145.43. Councilor
Rundle seconded. Claims were approved 6-0.
COMMITTEE REPORTS:
Councilor Rundle reported that the Administration Committee met on July 13, 2001, at which time there
was discussion concerning Ordinance No. D-15l9-0l for which the Committee voted unanimously in
favor of its passage to the Council. The next regular meeting of the Administration Committee is
scheduled for August 20, 2001 at 8:30 a.m. in the Caucus Room.
Councilor Wilson reported that the Aunexation and Land Use Committee met on July 12, 2001. The
Committee voted unanimously in favor of the passage of Ordinance No. 2-361 to Council as well as
continued discussions regarding the proposed armexation of Western Clay Township. An additional
meeting of the Committee is scheduled for July 31, 2001, at which time the Committee will draft its
recommendation with regard to Aunexation Ordinance No. C-207. The next regular meeting of the
Aunexation and Land Use Committee is scheduled for August 9, 2001 at 7:00 p.m in the Caucus Room.
Councilor Snyder stated that the Economic Development Committee was scheduled to meet on July 16,
2001; however, the meeting was canceled due to lack of a quorum. The next regular meeting of the
Committee is scheduled for August 20,2001 at 6:00 p.m. in the Council's office; however, that meeting
may be canceled as well due to lack of an agenda.
Council President Kirby reported that the Finance Committee met on June 29, 2001, at which time there
was discussion concerning finances related to the proposed armexations. The Committee also discussed
Ordinance No. D-152l-0l, with an official recommendation to Council to keep the appropriation at
$125,000.00 with the possibility of withdrawing the Ordinance in favor of transfer of funds by
Resolution. The next regular meeting ofthe Committee is scheduled for July 27,2001.
Councilor Carter stated that the Parks and Recreation Committee has not met. The next regular meeting
of the Committee is scheduled for August 6; 2001 at 6:00 p.m. in the Caucus Room.
Councilor Battreall stated that the Public Safetv Committee did not meet due to the lack of an agenda.
The next meeting of the Committee is scheduled for August 20, 2001 at 10:00 a.m. in the Caucus Room;
however, an additional meeting of the Committee will be armounced prior to that date.
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Councilor Koven was not present and Council President Kirby stated that the Rules Conunittee has not
met.
Council President Kirby provided a report earlier in the meeting that the Utilities and Transportation
Conunittee met on July 13, 2001. The next regular meeting of the Committee is scheduled for August
10, 2001, at 8 :00 a.m. in the Council's Office.
OLD BUSINESS:
Council President Kirby announced the Second Reading of Ordinance No. D-1521-01. As Amended; An
Ordinance of the Conunon Council of the City of Carmel, Indiana, Providing for an Additional
Appropriation of Funds From the General Fund Operating Balance (Conunon Council Budget -
$210,000.00, Amended on 6118/01 - $125,000.00). Councilor Snyder stated that she feels the
appropriation is appropriate in that the monies are for ''unanticipated expenses" and, therefore, moved to
amend the amount to reflect the original requested amount for appropriation of $210,000.00. There was
no second to the motion. There was extensive Council discussion. Councilor Wilson moved to
withdraw the Ordinance in consideration of Resolution No. CC-07-06-01-05 of the meeting's agenda.
Council President Kirby asked to amend the motion to reflect this Ordinance be tabled instead of
withdrawn until such time the Resolution may be introduced into business and discussed. Councilor
Wilson moved to table Ordinance No. D-1521-01, As Amended. Councilor Battreall seconded.
Ordinance No. D-1521-01 was tabled.
Council President Kirby announced the Second Reading of Ordinance No. Z-360; An Ordinance of the
Conunon Council of the City of Carmel, Indiana, Amending Chapter 20E of the Carmel Clay Zoning
Ordinance Relating to the C-l City Center Zoning District. Councilor Wilson presented this matter to
CounciL There was no discussion. Ordinance No. Z-360 was approved 6-0.
Council President Kirby announced the Second Reading of Ordinance No. Z-361; An Ordinance of the
Common Council of the City of Carmel, Indiana, Establishing the USTA Planned Unit Development
District. There was no discussion. Ordinance No. Z-361 was approved 6-0.
PUBLIC HEARINGS:
Council.President Kirby announced the First Reading of Ordinance No. D-1520-01; An Ordinance of
the Conunon Council of the City of Carmel, Indiana, Vacating Public Right-of-Way (Ben Mar, LLC).
Councilor Wilson moved to introduce this item into business. Councilor Rundle seconded. Jim
Shinaver of Nelson & Frankenberger presented this matter to CounciL Council President Kirby opened
the matter for Public Hearing at 9:04 p.m. Seeing no one who wished to speak, Council President Kirby
closed the Public Hearing at 9:04 p.m. There was Council discussion. Councilor Snyder moved to
suspend the rules sending this matter to Committee and act on this matter tonight. Councilor Carter
seconded. Ordinance No. D-1520-01 was approved 6-0.
Council President Kirby announced the Second Reading of Ordinance No. D-1522-0 1; An Ordinance of
the Conunon Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of
Funds From the General Fund Operating Balance (Mayor's Office Budget - $50,000.00). Councilor
Wilson moved to introduce this item into business. Councilor Rundle seconded. Council President
Kirby presented this matter to Council and explained circumstances of public hearing on seconding
reading of Ordinance instead of at first reading. Council President Kirby opened the matter for Public
Hearing at 9:09 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public
Hearing at 9:09 p.m. Councilor Carter moved to table this matter for consideration of Resolution No.
CC-07-16-01-07 on this meeting's agenda. Councilor Battreall seconded. Ordinance No. D-1522-01
was tabled.
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I Council President Kirby announced the First Reading of Ordinance No. C-209-01; An Ordinance of the
i . 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 (College Hills). Councilor Wilson moved to introduce this item into business together
with the next item of business, Ordinance No. 2-362. Councilor Snyder seconded. Charlie
Frankenberger of Nelson & Frankenberger presented both matters to Council. Council President Kirby
opened the matter of Ordinance No. C-209-01 for Public Hearing at 9:17 p.m. Seeing no one who
wished to speak, Council President Kirby closed the Public Hearing at 9: 17 p.m. Council President
Kirby opened the matter of Ordinance No. 2-362 for Public Hearing at 9: 18 p.m. The following person
read a statement in support of the College Hills Development:
· Napoleon Ubertini of9606 North Carrolton Avenue;
Seeing no one else who wished to speak, Council President Kirby closed the matter for Public Hearing
at 9:23 p.m.' There was brief Council discussion. Council President Kirby referred both Ordinance No.
C-209 and Ordinance No. 2-362 to the Annexation and Land Use Committee to be discussed at their
next meeting scheduled for July 31, 2001.
NEW BUSINESS:
Council President Kirby announced the First Reading of Ordinance No. D-1514-01; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Division VI, Article 4,
Section 2-111 of the Carmel City Code (Police and Fire Pension Funds - 801 and 802). Councilor
Snyder moved to introduce this item into business. Councilor Rundle seconded. Councilor Carter
presented this matter to Council. Barbara Lamb, Director of Human Resources, provided additional
details. There was Council discussion. Chief Douglas Callahan, Carmel Fire Department, responded to
questions by Council. There was no further discussion. Council President Kirby referred Ordinance No.
D-1514-01 to the Administration Committee for consideration.
Council President Kirby announced the First Reading of Ordinance No. D-1517-01; An Ordinance of
the Common Council of the City of Carmel, Indiana, Establishing a Severance Pay Policy for
Employees Dismissed Without Cause. Councilor Battreall moved to introduce this item into business.
Councilor Rundle seconded. Councilor Battreall presented this matter to Council. Barbara Lamb,
Director of Human Resources, provided additional details. There was Council discussion and questions
concerning the 'pay date' language. Ms. Lamb advised they will look at that and possibly make an
amendment to that language. Council President Kirby referred Ordinance No. D-1517-01 to the
Administration Committee for consideration.
Council President Kirby announced the First Reading of Ordinance No. D-1519-01; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending Ordinance No. D-1467-00, Section
22(b) (Use of Stipend as Alternate Method of Employee Compensation). Councilor Battreall moved to
introduce this item into business. Councilor Snyder seconded. Councilor Rundle presented this matter
to Council and advised that it has already been discussed in Committee. Therefore, Councilor Wilson
moved to suspend the rules sending this matter to Committee and act on this matter tonight. Councilor
Battreall seconded. The motion was approved 6-0. Councilor Carter moved to approve. Councilor
Battreall seconded. Ordinance No. D-1519-01 was approved 6-0.
Council President Kirby announced the First Reading of Ordinance No. D-1525-01; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II,
Sections 2-37, 2-39, 2-40, 2-41, 2-42, 2-43, 2-46, 2-48, 2-50, 2-51 and 2-56 of the Carmel City Code
(City Employee Compensation and Benefits). Councilor Battreall moved to introduce this item into
business. Councilor Rundle seconded. Councilor Battreall presented this matter to Council. There was
no Council discussion. Councilor Wilson moved to suspend the rules sending this matter to Committee.
Councilor Battreall seconded. Councilor Rundle recommended against the motion, advising that there
. were too many issues involved with this Ordinance that needed to be fully considered. Councilors
Wilson and Battreall withdrew their original motion. Council President Kirby referred Ordinance No.
D-1525-01 to the Administration Committee.
Council President Kirby announced the First Reading of Ordinance No. D-1527-01; An Ordinance of'
the Common Council of the City of Carmel, Indiana, Establishing a Record Perpetuation Fund and
Allowing the Collection of Facsimile Transmission Fees (Carmel City Court). Councilor Battreall
moved to introduce this item into business. Councilor Rundle seconded. Councilor Battreall presented
this matter to Council. There was Council discussion. Councilor Battreall moved to suspend the rules
sending this matter to Committee and act on this matter tonight. Councilor Snyder seconded. The
motion was approved 6-0. Councilor Battreall moved to approve. Councilor Rundle seconded.
Ordinance No. D-1527-01 was approved 6-0.
Council President Kirby announced Resolution No. CC-07-16-01-01; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving Payment of Construction Costs for Hazel Dell and
Pennsylvania Bond Project ($72,568.37). Councilor Snyder moved to introduce this item into business.
Councilor Rundle seconded. Council President Kirby presented this matter to Council. There was no
Council discussion. Resolution No. CC-07-16-01-01 was approved 6-0.
Council President Kirby announced Resolution No. CC-07-16-01-02 (formerly Resolution No. CC-Ol-
08-01-02); A Resolution of the Common Council of the City of Carmel, Indiana, Approving an
Amendment to the CarmeVClay Thoroughfare Plan Regarding the lllinois Street Corridor. Councilor
Snyder moved to introduce this item into business. Councilor Rundle seconded. Council President
Kirby explained the return of this item to the agenda and the intent of Council to return this matter to the
Plan Commission upon Council's passage of this Resolution. Council President Kirby recommended
the acceptance and passage of his Memorandum to the Plan Commission outlining concerns and several
items to be considered for possible amendment. There was Council discussion. Mike Hollibaugh,
Director of the Department of Community Services, responded to several questions and concerns by
Council. Council discussion continued. Council President Kirby asked for a motion to table the
Resolution temporarily. Councilor Battreall moved as such. Councilor Wilson seconded. Resolution
No. CC-07-16-01-02 was tabled. Council President Kirby requested that his Memorandum, dated July
13,2001, be moved into business and added to the agenda as a Resolution. Councilor Carter moved as
such; therefore, the Memorandum, dated July 13,2001, was assigned a Resolution number (CC-07-16-
01-08). Councilor Battreall seconded the motion. Resolution No. CC-07-16-01-08 was added to the
agenda by a vote of 6-0. Council President Kirby then requested that Resolution No. CC-07-16-01-08,
per the contents of the Memorandum, be approved and sent to the Plan Commission which will begin a
60-day response period. Councilor Battreall moved as such. Councilor Carter seconded. Resolution
No. CC-07-16-01-08 was approved 6-0, thereby determining a deadline date, for response from the Plan
Commission, of September 16, 2001. Council President Kirby then returned to the original Resolution,
previously tabled. Councilor Battreall moved to remove Resolution No. CC-07-16-01-02 from the table
and move it back into business. Councilor Snyder seconded. There was brief Council discussion.
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Councilor Battreall moved to approve the Resolution. Councilor Snyder seconded. Resolution No. CC-
07-16-01-02 (formerlv Resolution No. CC-OI-08-01-02) was approved 6-0.
Council President Kirby announced Resolution No. CC-07-16-01-03; A Resolution of the Common
Council of the City of Cannel, Indiana, Amending and Confirming Preliminary Resolution No. CC-06-
18-01-03 of the Common Council of the City of Carmel, Indiana; Regarding 10580 and 10590 North
Meridian Street as an Economic Revitalization Area. Councilor Snyder moved to introduce this item
into business. Councilor Carter seconded. Councilor Snyder presented this matter to Council. There
was no discussion. Resolution No. CC-07-16-01-03 was approved 6-0.
Council President Kirby announced Resolution No. CC-07-16-01-04; A Resolution of the Common
Council of the City of Cannel, Indiana, Approving a Transfer of Funds by the Carmel Fire Department
($17,500.00). Councilor Battreall moved to introduce this item into business. Councilor Rundle
seconded. Councilor Battreall presented this matter to Council. Chief Douglas Callahan, Carmel Fire
Department, provided additional details. There was no discussion. Resolution No. CC-07-16-01-04 was
approved 6-0.
Council President Kirby announced Resolution No.CC-07-16-01-05; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds to the Budget of the Common
Council ($210,000.00). Councilor Rundle moved to introduce this item into business. Councilor
Wilson seconded. Councilor Rundle presented this matter to Council. There was extensive Council
discussion. Resolution No. CC-07-16-01-05 was approved 5-1. (Councilor Snyder voted in opposition.)
Council President Kirby announced Resolution No.CC-07-16-01-06; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds to the Budget of the Legal
Department ($70,000.00). Councilor Rundle moved to introduce this item into business. Councilor
Battreall seconded. Councilor Rundle presented this matter to Council. There was extensive Council
'discussion. Councilor Wilson moved to table this matter and send it to Committee for further research
into these transfers. Councilor Snyder seconded. There was further Council discussion. Councilor
Battreall moved to send this matter to Committee. Councilor Wilson seconded. The motions to table
this matter and send it to Committee were approved 6-0. Resolution No. CC-07-16-01-06 was referred
to the Finance Committee.
Council President Kirby announced Resolution No.CC-07-16-01-07; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds to the Budget of the Department
of the Mayor ($20,000.00). Councilor Rundle moved to introduce this item into business. Councilor
Battreall seconded. Councilor Rundle presented this matter to Council. There was no discussion.
Resolution No. CC-07-16-01-07 was approved 6-0.
Councilor Battreall moved to return to Ordinance No. D-1521-01 and Ordinance No. D-1522-01 and
introduce them into business. C~uncilor Rundle seconded. Councilor Wilson moved to withdraw
Ordinance No. D-1521-01. Councilor Battreall seconded. Ordinance No. D-1521-01 was withdrawn
by a vote 016.0. Councilor Carter moved to withdraw Ordinance No. D-1522-01. Councilor Battreall
seconded. Ordinance No. D-1522-01 was withdrawn by a vote of6-0.
OTHER BUSINESS:
Judy Hagan, Cla~ Township Trustee, approached Council regarding their intentions with regard to the
city limits at 106' Street and College Avenue. Ms. Hagan expressed concerns for the contract With John
Myers. There was extensive Council discussion.
ANNOUNCEMENTS:
Council President Kirby commended Councilor Wilson for another great parade and festivities for
Carmelfest.
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ADJOURNMENT:
Councilor Battreall moved to adjourn. Councilor Rundle seconded. The meeting was adjourned at
11:14p.m.
Respectfully submitted,
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Approved,
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7/16.10] Minutes
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CERTIFICATION OF DESIGNATION AND SERVICE
I, James Brainard, Mayor of the City of Carmel, Indiana, pursuant to Indiana
Code 36-4-5-8 and Carmel City Code Section 2-9, do hereby CERTIFY that, by letter
dated July 10, 2001, I have designated and appointed Kevin Kirby, Carmel, Indiana to act
in my place, effective on July 11, 2001, and continuing until I return to the City on or
about July 17, 2001, resume my duties, and certifY the expiration of such designation, and
do hereby FURTHER CERTIFY that I have, this date, served a copy of said designation
letter and this certification, provided a copy to President Pro Tempore of the Carmel
Common Council, Mr. Kevin Kirby, and the Clerk of the Carmel Common Council,
Diana Cordray.
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SO CERTIFIED THIS JI1 DAY OF JULY, 2001 in
By:
ames Brainard, Mayo
City of Carmel, Indiana
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July 18.2001
CERTIFICATION OF EXPIRATION OF
DESIGNATION AND SERVICE
I. James Brainard, Mayor of the City of Carmel. Indiana, pursuant to Indiana Code 36.4-5.8 and
Carmel City Code Section 2-9, do hereby CERTIFY that my previous certification of Kevin Kirby as
Deputy Mayor. dated, July 10. 2001. has expired.
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ACERTIFIEDTHIS 18 DAY OF JULY 2001.
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. James Brainard
City of Carmel
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