HomeMy WebLinkAboutCCM-09-07-04 Special Meeting C ty Carmel
Office of. the COMMON COUNCIL MEETING
Clerk-Treasurer AGENDA
TUESDAY, SEPTEMBER 7, 2004 - 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
INVOCATION
2.PLEDGE OF ALLEGIANCE
3.RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
4. APPROVAL OF MINUTES
a. August 9, 2004 - Executive Session
b. August 16, 2004 - Regular Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
7. ACTION O~ MAYORAL VETOES
8. CLAIMS
· Payroll
· General Claims
Retirement
9. COMMITTEE REPORTS
a. Finance, Administration and Rules Committee
b. Land Use, Annexation and Econorrdc Development Committee
c. Parks, P~ecreation and Arts Committee
d. Utilities, Transportation and Public Safety, Committee
ONE CIVIC SQUARE CARMEL, INDIANA 4fi03Z 317/571-2414
10. OLD BUSINESS
Third 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-1722-04; An Ordh~ance of the Common
Council of the City of Carmel, Indiana, Establishing the Appropriations and Tax Rates
for the 2005 Budget ($61,036,327); Councilor: Kirby
Second 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 the B-2/Business District
Classification (with restricted uses); Sponsor: IGrby.
PUBLIC HEARINGS
'Second Reading of Ordinance No. D-1719-04; An Ordinance of the Cmmnon
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.
Second Reading of Ordinance No. C-265; An Ordinance Annexing Pursuant to
Voluntary Petition Certain Territoty, to the City of Carmel, Indiana (AMLI at Spring
Mill); Sponsor: Councilor Glaser.
First Reading of Ordinance No. Z-446-04; An Ordinance of the Common Council of
the City of Carmel, Indiana Establishing the Townhomes at Guilford Planned Unit
Development District (116~h & Guilford); Sponsor: Councilor Rattermann
First Reading of Ordinance No. Z-455-04; An Ordinance of the Common Council
of the City of Carmel, Indiana Amending the Requirement for Walls and Fencing
Around Private Sxvimming Pools; Sponsor: Councilor Griffiths
12. NEW BUSINESS
Resolution No. CC-09-07-04-01; A Resolution of'the Common Council of the City of
Carmel, Indiana, Approving a Transfer of Funds Within the 2004 Deferral Budget
($3,113.00); Sponsors: Councilor Sharp and Mayo
Resolution No. CC-09-07-04-02; A Resolution of the Common Council o1~ the CiB, of
Carmel, Indiana, To Set the 2005 General Fund Tax LeD, and Rate; Sponsor:
Councilors Carter and Griffiths
Resolution No. CC-09-07-04-03; A Resolution of the Common Council of the City of
Carmel, Indiana To Adopt the Written Fiscal Plan and Def'mite Policy For An Area
IGnoxvn as Annexation Territory in Ordinance No. C~265 (AMLI at Spring Mi/l);
Sponsor: Councilor Glaser
13.
OTHER BUSINESS
a. Settlement, Release and Indem~tity Agreement (Trotter Laxvsuit).
Consideration of Intent to Annex Territory by Town of Westfield, Section 4 of
Brookside Adjacent to and South of 169th Street Between Care), Road and Gray Road.
Consideration of Intent to Annex Territory by Town of Westfield - Voluntary Request
of Parcels Generally Located Between Ditch Road and Sptingmill (Betxveen the l:ormer
Indiana Central Rail Line and 161~' Street).
14. ANNOUNCEMENTS
1 5. EXECUTION OF DOCUMENTS
l 6. ADJOURNMENT
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
AS AMENDED
TUESDAY, SEPTEMBER 7, 2004 -7:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard; Council Members Rick Sharp, Kevin Kirby, Brian Mayo, Joe Griffiths, Mark
Ratterman, Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Lois Fine.
Council President Ron Carter and Councilor Fred Glaser were absent.
Mayor Brainard called the meeting to order at 7:04 p.m.
Councilor Brian Mayo pronounced the Invocation.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Sharp made a motion to approve the Minutes of the August 9, 2004 Executive Session
Meeting. Councilor Mayo seconded. Councilor Griffiths made a motion to amend the minutes.
Under the section Members Present, add Councilor Glaser's last name. Councilor Mayo seconded.
The motion to amend passed 5-0. The Minutes As Amended were approved 5-0.
Councilor Sharp made a motion to approve the Minutes of the August 16, 2004 Regular Meeting.
Councilor Mayo seconded. Councilor Griffiths made a motion to amend the minutes. Under
Comtmttee Reports, change Reprots to Reportr, last page under Other Business, change Redeployment to
Redevelopment. Councilor Mayo seconded. The motion to amend passed 5-0. The Minutes As
Amended were approved 5-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
COUNCIL, MAYORAL AND C!.~.RK-TREASURER COMMENTS/OBSERVATIONS:
There were none.
ACTION ON MAYORAL VETOES:
There were none,
CLAIMS:
Councilor Mayo moved to approve the claims in the mount of $1,850,031.67. Councilor Sharp
seconded. Claims were approved 5-0. Councilor Mayo moved to approve the claims in the amount
of $1,580,044.38. Councilor Sharp seconded. Claims were approved 5-0. Councilor Mayo moved
to approve the claims in the amount of $378,915.43. Councilor Sharp seconded. Claims were
approved 5-0.
COMMITTEE REPORTS:
Councilor Griffiths reported that the Finance, Administration and Rules Committee met on
Tuesday, September 7, 2004 to discuss the 2005 Annual Budget.
Councilor Rattermann stated that the Land Use, Annexation and Economic Development
comrmttee met on Thursday, September 2, 2004 to discuss rezoning and voluntary annexation
ordinances that will be brought before the Council at tonight's meeting.
Councilor Sharp reported that the Parks, Recreation and Arts Committee had not met. The next
meeting will be held on Tuesday, September 14, 2004. The committee will be reviewing the final
plans for Central Park.
Councilor Kirby reported that the Utilities, Transportation and Public Safety. Committee had not
met. The next meeting will be held on Monday, September 13, 2004 at 5:00 p.m.
OLD BUSINESS:
Acting Council President Kirby announced the Third 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). There was brief Council discussion.
Ordinance No. D-1709-04 was approved 4-1 (Councilor Sharp opposed).
Acting Council President I~-hrby announced the Second 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). There was no Council discussion. Ordinance
No. D-1722-04 was approved 5-0.
Acting Council President Kirby announced the Second 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 the
B-2/Business District Classification) (with restricted uses). Councilor Sharp made a motion to
amend with the substitution of a new Exhibit B - Statement of Commitment. (Coundl should refer to
version # INDY 1305523vl to vefffy correct amended Ordinance). Councilor Rattermann seconded.
Motion to amend passed 5~0. Ordinance No. Z-452-04 As Amended, was approved 5-0.
PUBLIC HEARINGS:
Acting Council President Kirby announced the Second 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 ($160,000.00) From The Motor Vehicle Highway Fund to the
Engineering Department (Keystone Avenue Engineering Study). Acting Council President Kirby
opened the matter for Public Heating at 7:17 p.m. Seeing no one who wished to speak, the Pubhc
Hearing was closed at 7:17:30 p.m. There was no Council discussion. Orclmance No. D-1719-04
was approved 4-1 (Councilor Rattermann opposed).
Acting Council President Kirby announced the Second Reading of Ordinance No. C-265; An
Ordinance Annexing Pursuant to Voluntary Petition Certain Territory to the City of Carmel, Indiana
(AMLI at Spring Mill). Acting Council President Kirby opened the matter for Public Hearing at
7:18 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 7:18:30. There was
no Council discussion. Acting Council President Kirby called for the question. Ordinance No.
C-265 was approved 4-0. Councilor Sharp did not vote and clarified that they could not vote on
Ordinance C-265 at this meeting.
Acting Council President IGrby announced the First Reading of Ordinance No. Z-446-04; An
Ordinance of the Common Council of the City of Carmel, Indiana Establishing the Townhomes at
Guilford Planned Unit Development District (116~ & Guilford). Councilor Mayo moved to
introduce this item into business. Councilor Rattermann seconded. Acting Council President Kirby
referred to Steve Pittman, 370 Sanders Court, of Pittman Partners to address Council. Neal Smith
of Pitrman Partners was also in attendance. Mr. Pittman presented a slideshow of the Townhomes
at Guilford. Acting Council President Kirby opened the matter for Public Hearing at 7:30 p.m.
Seeing no one who wished to speak, the Public Hearing was closed at 7:30:30 p.m. There was brief
Council discussion. Acting Council President Kirby referred Ordinance No. Z-446-04 to the Land
Use, Annexation and Economic Development Committee meeting on September 23, 2004 for
further review and consideration.
First Reading of Ordinance No. Z-455-04; An Ordinance of the Common Council of the City of
Carmel, Indiana Amending the Requirement for Walls and Fencing Around Private Swimming
Pools. Councilor Griffiths announced he wished to withdraw this ordinance.
Councilor Sharp moved to reconsider Ordinance No. C-265. Councilor Mayo seconded. Motion
passed 5-0. Councilor Sharp referred to Nick Kile of Barnes & Thornburg for clarification of
amendments. There were t~vo amendments; 1) 3rd WHEREAS - (renumbered: CC-09-07-04-03),
2) 1. All new verbiage after the first sentence (Coundl should refer to verdon # INDSOI NKK
696929vi to veri~7 correct amended Ordinance). Councilor Sharp moved to amend Ordinance No.
C-265. Councilor Mayo seconded. Motion to amend passed 5-0.
NEW BUSINESS:
ADD-ON'S:
Councilor Sharp moved to add 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 to the agenda. Councilor Griffiths seconded. Acting
Council President Kirby called for the vote. The Add-On of Ordinance No. D-1717-04 passed 5-0.
Councilor Sharp moved to add Resolution No. CC-09-07-04-04 A Resolution Authorizing An
Annexation Appeal to the Agenda. Councilor Mayo seconded. Acting Council President Kirby
called for the vote. The Add-On of Resolution No. CC-09-07-04-04 passed 5-0.
Councilor Sharp moved to add Resolution No. CC-09-07-04-05; A Resolution of the Common
Council of the City of Carmel, Indiana Appealing Action of the County Tax Adjustment Board to
the agenda. Councilor Mayo seconded. Acting Council President Kirby called for the vote. The
Add-On of Resolution No. CC-09-07-04-05 passed 5-0.
Councilor Sharp moved to add Resolution No. CC-09-07-04-06; A Resolution of the Common
Council of the City of Carmel, Indiana, Regarding the Elements of Conditional Consent to
Westfield Annexation in Washington Township, Hamilton County, Indiana to the Agenda.
Councilor Mayo seconded. Acting Council President Kirby called for the vote. The Add-On of
Resolution No. CC-09-07-04-06 passed 5-0.
Acting Council President Iqfirby announced the 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. Councilor
Mayo moved to introduce this item into business. Councilor Griffiths seconded. Councilor Sharp
presented this matter to Council. There was no Council Discussion. Acting Council President
Kirby referred Ordinance No. D-1717-04 to the Finance, Administration and Rules Comrmttee
meeting on September 20, 2004 for further review and consideration.
NEW BUSINESS:
Acting Council President IGrby announced Resolution No. CC-09-07-04-01; A Resolution of the
Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds within the 2004
Deferral Budget ($3,113.00). Councilor Mayo moved to introduce this item into business.
Councilor Rattermann seconded. Councilor Sharp presented this matter to Council. There was no
Council discussion. Resolution No. CC-09-07-04-01 was approved 5-0.
Acting Council President Kirby announced Resolution No. CC-09-07-04-02; A Resolution of the
Common Council of the City of Carmel, Indiana, To Set the 2005 General Fund Tax Levy and Rate.
Councilor Mayo moved to introduce this item into business. Councilor Rattermann seconded.
Councilor Griffiths deferred to Mayor Brainard for clarification. There was brief Council
discussion. Resolution No. CC-09-07-04-02 was approved 4-0. Councilor Griffiths was out of the
room and did not vote.
Acting Council President I~drby announced Resolution No. CC-09-07-04-03; 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-265 (Amli at Spring Mill).
Councilor Mayo moved to introduce this item into business. Councilor Sharp informed the Council
that this Resolution had been introduced at the last meeting (August 16, 2004) therefore, they would
not nm afoul of Councilor Glaser's sponsorship. Councilor Rattermann Seconded. Acting Council
President IGrby referred to Nick Kile of Barnes & Thornburg. Mr. Kile informed Council there
have been 4 amendments made to this Resolution: 1) Tide - add (Previously CC-08-16-04-03); 2) 2na
WHEREAS - change Resolution No. to 06-21-04-02; 3) Section II. - change Resolution No. to 06-
21-04-02; 4) Section III - change Resolution No. to 06-21-04-02. Councilor Sharp moved to amend
Resolution No. CC-09-07-04-03. Councilor Mayo seconded. The motion to amend passed 5-0.
Resolution No. CC-09-07-04-03 As Amended was approved 5-0.
ADD-ON'S:
Acting Council President I~-Arby announced Resolution No. CC-09-07-04-04; A Resolution
Authorizing An Annexation Appeal. Councilor Sharp moved to introduce this item into business.
Councilor Mayo seconded. Councilor Sharp presented this matter to Council and referred to Curt
Coonrnd of C & L Coourod and Company to address Council. There was brief Council discussion.
Resolution No. CC-09-07-04-04 was approved 5-0.
Acting Council President Kirby announced Resolution No. CC-09-07-04-05; A Resolution of the
Common Council of the City of Carmel, Indiana Appealing Action of the County Tax Adiustmcut
Board. Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded.
Councilor Sharp prescutcd this matter to Council and referred to Curt Coonrod to address Council.
There was brief Council discussion. Resolution No. CC-09-07-04-05 was approved 5-0.
· CC-09-07-04-06; A Resolution of the
Acting Council President Kkby announced Resolutaon No.
Common Council of the City of Carmel, Indiana, Regarding the Elements of Conditional Consent
to Westfield Annexation in Washington Township, Hamilton County, Indiana. Councilor Sharp
moved to introduce this item into business. Councilor Griffiths seconded. Councilor Sharp
presented this matter to Council. Acting Council President Kirby passed the gavel to Councilor
Mayo at 8:13 p.m. to address Council. Councilor I~Ctrby commented on the annexation. Acting
Council President Kirby reclaimed the gavel at 8:17 p.m. There was extensive Council discussion.
Resolution No. CC-09-07-04-06 was approved 5-0.
OTHER BUSINESS:
Acting Council President Kirby announced introduction of the Settlement. Release and Indemmty
Agreement (Trotter Lawsuit). Councilor Griffiths addressed Council and referred to Tom Perkins,
Assistant City Attorney, for clarification of the dollar amount of the lawsuit. There was brief
Council discussion. Setdement, Release and Indemnity was approved 5-0. Acting Council President
Kirby referred the Setdement, Release and Indemnity to the Board of Public Works for final
approval.
Acting Council President Kirby announced 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 addressed Council and referred to Jerry Rosenberger, Town Manager
of Westfield. There ~vas extensive Council discussion. Councilor Mayo moved to approve the
Intent to Annex Section 4 of Brookside. Councilor Rattermann seconded. 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. was approved 5-0.
Acting Council President IGrby announced the Consideration of Intent to Annex Territory. by Town
of Westfield - Voluntary Request of Parcels Generally Located Between Ditch Road and Sprin~m~ill
~between the Former Indiana Central Rail Line and 161st Street). Acting Council President Kirby
referred this Intent to Annex to the Land Use, Annexation and Economic Development Committee
for further review and consideration.
Nick Kile of Barnes & Thomburg approached the podium to ask Council to check to see if an
amendment to Resolution No. CC-09-07-04-03 had been offered. Item Section II.. F. "and
])t~b/icatioa" should be added after "adoption." Councilor Rattermann made a motion to amend.
Councilor Griffiths seconded. Motion to amend passed 5-0. Resolution No. CC-09-07-04-03 As
Amended was approved 5-0.
ANNOUNCEMENTS:
There were none.
ADJOURNMENT:
The Mayor adjourned the meeting at 8:41 p.m. pending execution of documents.
Respectfully submitted,
Clerk~ Cordray, I ' C
Approved,
ATTEST:
Clerk-Treas
,Mp/y/or James Brainard