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HomeMy WebLinkAboutCCM-08-16-04City of Carmel Office of the 'COMMON COUNCIL MEETING Clerk.Treasurer AGENDA MONDAY, AUGUST 16, 2004 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. iNVOCATION 2. PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. July 28, 2004 CRC Joint Meeting b. August 2, 2004 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS There are none. 9. COMMITTEE REPORTS a. Finance, Administration and RUles Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. · Utilities, Transportation and Public Safety CommJttee ONE CIViC SQUARE CARiMEL, INDIANA 46032 317/571-2414 1 O, OLD BUSINESS ]3. Second Reading of Ordinance No. D-1706-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Intcrlocal Agreement (Humane Society Animal Care); Sponsor: Councilor Sharp. Second Reading of Ordinance No. D-1709-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-66(a), of the Carmel City Code (Skateboards); Sponsor: Councilor Carter Second Reading of Ordinance No. D-1710-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Adding Carmel City Code Chapter 6, Article 4, Section 6-71, (Prohibit Swimming at the Civic Square Fountain); Sponsor: Councilor Griffiths Second Reading of Ordinance No. D-1711-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City' Code Chapter 6, Article 4, Section 6-72 (Use of Certain Motorized Conveyances); Sponsor: Councilor Griffiths Second Reading of Ordinance No. D4713-04; An Ordinance of the Conunon Council of the City of Carmel, Indiana, FLx2ng the Salaries of the Appointed Officers and Employees of the Clerk-Treasurer, Cid' of Carmel, Indiana For The Year 2005; Sponsor: Councilor Glaser. Second Reading of Ordinance No. D-1714-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing the Salaries of the Appointed Officers and Employees of the Carmel City Court, City of Carmel, Indiana For The Year 2005; Sponsor: Councilor Glaser. Second Reading of Ordinance No. Z-451-04; An Ordinance of the Comfnon 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- i/Business District); Sponsor: Councilor Rattermann. Second 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; Sponsor: Councilor Rattermann. Second 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~h Street from the S-1/Residence District Classification to · the B-7/Business District Classification); Sponsor: Councilor Rattermann. 1 l. PUBLIC HEARINGS a. 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 b. 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 Highxvay Fund Operating Balances (Litigation); Sponsor: Councilor Griffiths c. First Reading of Ordinance No. D-1722-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Estabhshing the Appropriations and Tax Rates for the 2005 Budget ($61,036,327); Sponsor: Councilor Kirby d. First Reading of Ordinance No. Z-452-04; An Ordinance of the Common Council of the City of Carmel, India. na, Rezoning District Classification (Rezoning the Dunkerly Prtperty from the R-1/Residence District Classification to the B-2/Business District Classification) (with restricted uses); Sponsor: Councilor ICdrby NEW BUSINESS a. 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 IGrby. b. First Reading of Ordinance No. D-1717-04: An Ordinance of the Common Council of the City of Cannel, Indiana, Fixing the Salaries of the Appointed Officers and Employees of the City of Carmel, Indiana, For The Year 2005; Sponsor: Councilor Carter. c. 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 Highxvay Fund to the Engineering Department (Keystone Avenue Engineering Smd3,); Sponsor: Councilor Rattermann. d. First Reading of Ordinance No. D-1720-04; An Ordinance of the Common Council 9f the City of Carmel, Indiana, Adopting and Adding Chapter 1, Secdon 1-16 to the Carmel City Code (Second Class City Status); Sponsor: Councilors Rattermann, Griffiths, Mayo and C~ter. e. First Reading of Ordinance No. D-1721-04: An Ordinance of the Commofl Council of the City of Carmel; Indianal Approving Application for Community RevitaLization Enhancement District (CRED); Sponsor: Councilor Carter R~solution No. CC-08-16-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds v/tthin the 2004 Board of Pubhc Works and Safety Budget (Settlement); Sponsor: Councilor Glaser g. Resolution No. CC-08-16-04-02; A Resolution of the Common Council of the City of Carmel3 Indiana, To Set the 2005 General Fund Tax Lex~y and Rate; Sponsor: Councilor Carter 13. OTHER BUSINESS Appointment of Council Representative to Carmel Redevelopment. 14. ANNOUNCEMENTS ] 5. EXECUTION OF DOCUMENTS ] 6. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES AS AMENDED MONDAY, AUGUST 16, 2004 -7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council Members Ke~m Kirby, Brian Mayo, Joe Griffiths, Fred Glaser, Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Lois Fine. Council President Ron Carter and Councilor Rattermann were absent. Mayor Br~(mard called the meeting to order at 7:03 p.m. Russ Hart, Elder, Centennial Bible Church 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 July 28, 2004 CRC Joint Meeting with change from Bruce Fortingly to Brace Cordingly. Councilor Griffiths seconded. The Minutes were approved 5-0. Councilor Mayo made a motion to approve the Minutes of the August 2, 2004 Regular Meeting with the correction ora scrivener's error. Remove Kevm Kirby under Public Hearing. Councilor Glaser seconded. The Minutes were approved 5-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Griffirhs, on behalf of Ron and Barb Carter, offered thek thanks to Deputy Chief Tim Green, the medics and the fire fighters for their quick response on Saturday, August 14, 2004. ACTION ON MAYORAL VETOES: CLAIMS: There were none. COMMITTEE REPORTS: Acting Council President Kirby reported that the Finance, Administration and Rules Committee met on Monday, August 16, 2004. Discussion of two (2) Ordinances will be sent to full Council. Councilor Glaser reported that the Land Use, Annexation and Economic Development cormmttee met on Thursday, August 12, 2004. He announced that the next meeting scheduled for August 26, 2004 has been cancelled. There will be a public meeting on Wednesday, August 18, 2004 to discuss the annexation of the SW Clay area. A map provided by the Town of Westfield regarding Brookside, Section 4 annexation was approved by a comrmttee vote of 3-0. Councilor Sharp reported that the Parks, Recreation and Arts Committee has not met. The next meeting will be held on Tuesday, September 14, 2004. The committee will be reviewing the fmal plans for Central Park. Councilor Kirby reported that the Utilities, Transportation and Public Safety Comrmttee met on Monday, August 9, 2004. There was not a quorum. Three Ordinances will be returned to Council without any recommendation. If needed, the comnUttee may meet on Monday, August 23, 2004. OLD BUSINESS: Acting Council President I(Xrby announced the Second Reading of Ordinance No. D-1706-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Humane Society Animal Care). There was no Council discussion. Ordinance No. D-1706-04 was approved 5-0. Acting Council President IGrby announced the Second Reading of Ordinance No. D-1709-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-66(a), of the Carmel City Code (Skateboards). Councilor Sharp made a motion to table this item until the next Council Meeting scheduled for September 7, 2004. Councilor Mayo seconded. Motion to table was approved 5-0 Acting Council President IGrby announced the Second Reading of Ordinance No. D-1710-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Adding Carmel City Code Chapter 6, Article 4, Section 6-71, (Prohibit Swimming at the City Center Fountain). Councilor Griffiths moved to amend the description in all references to read Civic' Square Fountain. Councilor Glaser seconded. The amendment was approved 5-0. There was brief Council discussion. Ordinance No. D-1710-04 As Amended was approved 4-1 (Councilor Sharp opposed). Acting Council President Kirby announced the Second Reading of Ordinance No. D-1711-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 6, Article 4, Section 6-72 (Use of Certain Motorized Conveyances). Councilor Griffiths moved to amend Section 2 (a) to read "less than fourteen (14) inche?'... Councilor Mayo seconded. The amendment xvas approved 5-0. There was brief Council discussion. Ordinance No. D-1711-04 As Amended was approved 5-0. Acting Council President ICdrby announced the Second 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. There was no Council discussion. Ordinance No. D-1713-04 was approved %0. Acting Council President IYArby announced the Second Reading of Ordinance No. Z-451-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Rezonmg property generally located at 10640 North College Avenue from R-3/Residence District to B-I/Business District). There was no Council discussion. Ordinance No. Z-451-04 was approved 5-0. Acting Council President Kirby recogmzed that agenda item 10. f. had been overlooked. Acting Council President Kirby announced the Second Reading of Ordinance No. D-1714-04; An Ordinance of the Common Council of the City of Carmel, Indiana, FLxing the Salaries of the Appointed Officers and Employees of the Carmel City Court, City of Carmel, Indiana For The Year 2005. Councilor Griffiths made a motion to amend to change the ending date from December 21, 2005 to December 16, 2005, change Bailiff to Part-Time Bailiff plus the bi-weekly salary, and to add Part-Time Security Officer plus the bi-weekly salary. Councilor Glaser seconded. The Amendment was approved 5-0. There was no Council discussion. Ordinance No. D-1714-04 As Amended ~vas approved 5-0. Acting Council President Kirby announced the Second 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. There was no Council discussion. Ordinance No. Z- 453-04 was approved 5-0. Acting Council President Kirby announced the Second Reacting of Ordinance No. Z-454-04; An Ordinance of the Common Council of the City of Cannel, Indiana, Rezoning District Classification CRezoning the Stair Property located at 3760 W. 96th Street from S-1/Residence District Classification to B-7/Business District Classification). There xvas no Council discussion. Ordinance No. Z-454-04 was approved 5-0. PUBLIC HEARINGS: Acting Council President Kirby announced the First Reading of Ordinance No. D-1716-04; An Ordinance of the Common Cc~uncil of the City of Carmel, Indiana Providing For An Additional Appropriation of Funds From Parks Capital Fund Operating Balance. Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded. Councilor Sharp stated there was a scrivener's error in the amount of $69,648.00. Clerk-Treasurer, Diana Cordray, clarified this was not an error. There was a budget hearing with the Department of Local Government and Finance last October and they cut the Parks budget by $69,000.00 (The Parks Board had already approved the budget). The State of Indiana advised creating an additional appropriation to reinstate. Acting Council President Kirby opened the matter for Public Hearing at 7:27 p.m. Seeing no one who wished to speak, Acting Council President I(drby closed the Public Hearing at 7:27:30 p.m. Councilor Sharp introduced this item into business and made a motion to suspend the rules and vote this evening. Councilor Griffiths seconded. Councilor Sharp called for the question. The motion to suspend the rules passed 5-0. Ordinance No. D-1716-04 was approved 5-0. Acting Council President Kirby announced the 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). Councilor Mayo moved to introduce this item into business. Councilor Sharp seconded. Councilor Griffiths presented tkis matter to Council. Acting Council President Kirby opened the matter for Pubhc Hearing at 7:37 p.m. Seeing no one who wished to speak, Acting Council President Kirby closed the Public Hearing at 7:37:30 p.m. There was no Council discussion. Acting Council President ICdrby referred Ordinance No. D-1718-04 to the Finance, Administration and Rules ComVmttee for further review and consideration. Acting Council President Kirby announced the 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). Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded. Councilor Kirby presented this matter to Council. Acting Council President Kirby opened the matter for Public Hearing at 7:39 p.m. Seeing no one who wished to speak, Acting Council President Kirby closed the Public Hearing at 7:39:30 p.m. There was brief Council discussion. Acting Council President Kirby referred Ordinance No. D- 1722-04 to the Finance, Administration and Rules Comtmttee for further review and consideration. Acting Council President Kirby announced the First Reading of Ordinance No. Z-452-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Rezoning the Dunkerly Property from the R-1/Residence District Classification to theB-2/Business District Classification) (with restricted uses). Councilor Mayo moved to introduce this item into business. Councilor Griffiths seconded. Councilor IGrby presented this matter to Council. Acting Council President Kirby opened the matter for Public Hearing at 7:42 p.m. Acting Council President Kirby referred to Joseph Calderon of Ice Miller Legal & Business Advisors to address the Council. Acting Council President Kirby closed the Public Hearing at 7:45 p.m. Mark Zukerman of Equicor Development, 9011 N. Meridian Street, Indianapolis, IN addressed Council. Also in attendance was Greg Small of Equicor Development. There was brief Council discussion. Acting Council President Kirby referred Ordinance No. Z-452-04 to the Land Use, Annexation and Economic Development Comrmttee for further review and consideration. NEW BUSINESS: Acting Council President Kirby announced the 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). Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded. Acting Council President Kirby presented this matter to Council. There was brief Council discussion. Councilor Mayo made a moron to suspend the rules and vote on this item this evening. Councilor Glaser seconded. The motion to suspend the rules was approved 5-0. Ordinance No. D-1715-04 was approved 5-0. 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. No introduction due to the absence of sponsor Carter. First Reading of Ordinance No. D-1719-04; An Ordinance of the Comxnon 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). No introduction due to the absence of sponsor Carter. Acting Council President K~rby announced the Fixst 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). Councilor Mayo moved to introduce this item into business. Councilor Griffiths seconded. Councilor Mayo presented this matter to Council. There xvas extensive Council discussion. Acting Council President IGrby referred this item to the Finance, Administration and Rules comrmttee for further review and consideration. 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). No introduction due to the absence of sponsor Carter. Acting Council President Kirby announced Resolution CC-08-16-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds within the 2004 Board of Public Works and Safety Budget (Settlement). Councilor Mayo moved to introduce this item into business. Councilor Griffiths seconded. Councilor Glaser presented this item to Council and referred to Doug Haney, City Attorney for clarification of settlement. Resolution CC-08-16-04-01 was approved 5-0. Resolution CC-08-16-04-02; A Resolution of the Common Council of the City of Carmel, Indiana, To Set the 2005 General Fund Tax Levy and Rate. No introduction due to the absence of sponsor Carter. Councilor Rattermann arrived at 8:10 p.m. ADD-ON: Councilor Glaser made a motion to Add-On Ordinance No. C-265; An Ordinance Annexing Pursuant to Voluntary Petition Certain Territory to the City of Carmel, Indiana (AMLI at Spring Mill) to the agenda. Councilor Sharp seconded. The motion to Add-On Ordinance No. C-265 to the agenda passed 5-0. Nick Kile of Barnes & Thornburg addressed council and provided a timetable for voluntary annexations. He stated that the Council did not need to act on the Resolution but there must be a Public Hearing within 30 days after Council is in receipt of the Petition for voluntary annexation. Carmel City Council will hold the Public Heating on September 7, 2004. There must be a 20-day notice of the Public Hearing at which time the Fiscal Plan can be adopted. Council cannot vote on the Ordinance for 14 days after the Public Heating. However, the Council will have to vote within 60 days of receiving the Petition. Once the Ordinance is adopted, it will take affect 30 days after publication. Acting Council President Kirby referred this item to the Land Use, Annexation and Economic Development Committee for fiarther review and consideration. Councilor Sharp moved to amend Ordinance No. C-265 from District No. 2 to District No. 1. Councilor Mayo seconded. The amendment was approved 6-0. Acting Council President Kirby referred this item to the Land Use, Annexation and Economic Development Comtmttee for further review and consideration. Acting Council President Kirby announced the 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). Councilor Mayo moved to introduce this item into business. Councilor Griffiths seconded. Councilor Rattermann presented this matter to Council. There was no Council discussion. Acting Council President Kirby referred this item to the Finance, Administration and Rules Comtmttee for further review and consideration. OTHER BUSINESS: Councilor Rattermarm nominated Bill Hammer as the Council Representative to the Carmel Redevelopment Commission (CRC). Councilor Glaser seconded. Councilor Rattermann stated that Bill Hammer attended the Finance, Administration and Rules Comamttee on Thursday, August 16, 2004. There was brief Council discussion. Nomination was approved 6-0. ANNOUNCEMENTS: There were none. ADJOURNMENT: The Mayor adjourned the meeting at 8:17 p.m. pending execution of documents. Respectfully submitted,  MC Clerk-Treasurer Dian~ Approved, ATTEST: Clerk-Treasurer Diana L. Cordra~AMC