HomeMy WebLinkAboutCCM-12-06-04:l : 5; ',",
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Office of the
Clerk-Treasurer
City of Carmel
COMMON COUNCIL MEETING
AGENDA
MONDAY, DECEMBER 6, 2004 - 7:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEETING CALLED TO ORDER
l. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
4. APPROVAL OF MINUTES
a. November 4, 2004 - Special Meeting
b. November 15, 2004 - Regular Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
7. ACTION ON MAYORAL VETOES
8. CLAIMS
· Payroll
· General Claims
· Retirement
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 Committee
()NE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414
10. OLD BUSINESS
Third Reading of Ordinance No. D-1724-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Establishing Limitations for the Introduction and Re-
Introduction of Ordinances; Sponsor(s): Councilor Sharp
Second Reading of Ordinance No. D-1729-04: An Ordinance of the Common Council of
the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel,
Indiana for the Year 2005; Sponsor(s): Councilors Glaser and Mayo.
Second Reading of Ordinance No. Z-458-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending the Historic Structures and Sites Inventory in the
Carmel Subdivision Control Ordinance (The Warren House, 1225 E. 116th Street);
Sponsor: Councilor Rattermann.
Second Reading of Ordinance No. Z-462-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Establishing the Monon & Main Planned Unit Development
District; Sponsor: Councilor Rattermann.
11. PUBLIC HEARINGS
Second Reading of Ordinance No. D-1686-04~ As Amended; 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. Public Hearing left open from
November 1, 2004 Council meeting.
First Reading of Ordinance No. Z-460-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Regulating Denied Petitions in the Carmel Zoning Ordinance
(Zoning Denials); Sponsor: Councilor Rattermann.
First Reading of Ordinance No. Z-461-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Regulating Temporary Uses in the Carmel Zoning Ordinance and
Establishing a Resubdivision Process in the Carmel Subdivision Control Ordinance
(Resubdivision Process); Sponsor: Councilor Rattermann.
First Reading of Ordinance No. Z-463-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification (Range Line Road Overlay Zone
Classification); Sponsor: Councilor Rattermarm.
First Reading of Ordinance No. Z-464-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the Traditions on the Monon Planned Unit
Development District (Monon PUD); Sponsor: Councilor Rattermann.
First Reading of Ordinance No. Z-465-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending the WestClay Village Planned Unit Development
District Ordinance (Village of WestClay PUD); Sponsor: Councilor Rattermann.
First Reading of Ordinance No. Z-469-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning District Classification and Amending the WestClay
Village Planned Unit Development District Ordinance. [Rezoning 30.1 acres at the
northwest comer of Towne Road and 131 st Street from the S-1/Residence District
Classification to the WestClay Village Planned Unit Development District and To Change
Designations on the Development Plan]; Sponsor: Councilor Rattermann.
12. NEW BUSINESS
First Reading of Ordinance No. D-1734-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Creating A Carmel Fire and Police Department Merit System
and Adding Chapter 6, Article 3, Section 6-33 to the Carmel City Code (Fire/Police Merit
System); Sponsor(s): Councilor(s) Mayo and Sharp.
First Reading of Ordinance No. D-1735-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Concerning the Construction of Additions and Improvements
to the Waterworks of the City of Carmel, Indiana; Authorizing the Issuance of Revenue
Bonds For Such Purpose; Addressing Other Matters Connected Therewith, And Repealing
Ordinances Inconsistent Herewith ($7.5 million BAN); Sponsor: Councilor Kirby.
First Reading of Ordinance No. D-1736-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Authorizing the City Engineer to Erect Temporary Street and
Highway Construction and Maintenance Signs (Temporary Signs); Sponsor: Councilor
Kirby.
First Reading of Ordinance No. D-1737-04; An Ordinance of the Common Council of
the City of Carmel, Indiana Providing For An Additional Appropriation of Funds From
Operating Balance of the General Fund ($10,000 to City Council Budget/Annexation
Legal Fees); Sponsor(s): Councilor(s) Carter and Rattemmnn.
First Reading of Ordinance No. D-1738-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Enacting and Adopting A Supplement to the Code of
Ordinance of the City of Carmel, Indiana (ALP 3ra Quarter Codification); Sponsor:
Councilor Kirby.
First Reading of Ordinance No. D-1739-04; An Ordinance of the Common Council of
the City of Carmel, Indiana Approving the Borrowing of Funds From the City's
Municipally Owned Sewer Utility To Finance Acquisition of Property for Utility Use
Pursuant to Ind. Code § 8-1.5-3-12 (Repayment of Sewer Utility loan, new loan amount
$422,357.97); Sponsor: Councilor Kirby.
First Reading of Ordinance No. D-1740-04; An Ordinance of the Common Council of
the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Appointment
of members to the Carmel/Clay Board of Parks and Recreation); Sponsor: Councilor
Carter.
First Reading of Ordinance No. A-90-04; An Ordinance of the Common Council of the
City of Carmel, Indiana, To Budget Expenditures for the Operation and Depreciation
Funds for the Water Utility (Water Utility Budget 2005); Sponsor: Councilor Kirby.
First Reading of Ordinance No. S-71-04; An Ordinance of the Common Council of the
City of Carmel, Indiana To Budget Expenditures for the Operation and Depreciation
Funds for the Wastewater Utility (Wastewater Budget 2005); Sponsor: Councilor Kirby.
First Reading of Resolution No. CC-12-06-04-01; A Resolution of the Common Council
of the City of Carmel, Indiana Authorizing the Payment of Fiscal Year 2003 Claims From
Fiscal Year 2004 Funds ($12,025.00); Sponsor: Councilor Sharp.
First Reading of Resolution No. CC-12-06-04-02; A Resolution of the Common Council
of the City of Carmel, Indiana, To Authorize A Transfer of Funds by the Department of
Community Services ($30,000.00 Legal Fees) and Plan Commission ($5,000.00
Consulting Fees); Sponsor: Councilor Glaser.
First Reading of Resolution No. CC-12-06-04-03; A Resolution of the Common Council
of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2004 Council Budget
($31,114 Annexation Consulting Fees/$82 Stationary and Printed Material); Sponsor:
Councilor Carter.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
MONDAY, DECEMBER 6, 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, Ron Carter, Joe
Griffiths, Fred Glaser, Mark Rattermann, Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer
Lois Fine.
Mayor Brainard called the meeting to order at 7:02 p.m.
Councilor Brian Mayo pronounced the Invocation.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
Mayor James Brainard introduced Harry Qian, owner and publisher of the China Journal of Indiana
newspaper, who discussed the possibility of a beer distributorship being based in Cannel.
APPROVAL OF MINUTES:
Councilor Mayo made a motion to approve the Minutes of the November 4, 2004 Special Meeting.
Councilor Rattermann seconded. Council President Carter called for the question. The Minutes were
approved 7-0.
Councilor Mayo made a motion to approve the Minutes of the November 15, 2004 Regular Meeting.
Councilor Rattermann seconded. Council President Carter called for the question. The Minutes were
approved 7-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIl
Marilyn Anderson, 3884 Shelbourne Court, Carmel, Indiana 46032 - addressed Council to consider
postponing Ordinance No. Z-465-O4 and Ordinance No. Z-469-O4 to the first meeting in January and to
keep the public hearing open.
COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Rattermann wanted to know why the minutes from the November 24, 2004 Special Council
meeting were not on this agenda. Clerk-Treasurer Diana Cordray informed Councilor Rattermann that
they were not completed.
Clerk-Treasurer Diana Cordray responded to comments made by Marilyn Anderson, concerning
Ordinance No. Z-465-04 and Ordinance No. Z-469-04, informing her that the Petitioner had already sent a
notice to the paper that a Public Hearing would be held on December 20, 2004.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Mayo made a motion to approve the claims in the amount of $1,530,723.52. Councilor
Griffiths seconded. Council President Carter called for the question. Claims were approved 7-0.
Councilor Mayo made a motion to approve the claims in the amount of $529,497.19. Councilor Griffiths
seconded. Council President Carter called for the question. Claims were approved 7-0.
COMMITTEE REPORTS:
Council President Carter reported that the Finance, Administration and Rules Committee met this evening
and discussed Ordinance No. D-1729-04 which will be discussed at tonight's meeting.
Councilor Rattermann reported that the Land Use, Annexation and Economic Development Committee
met on November 18, 2004 and discussed Ordinance No. Z-444-04 which will remain in committee,
Ordinance No. Z-458-04 which will be discussed at tonight's meeting, and Ordinance No. Z-462-04
which will be discussed at tonight's meeting. The next meeting will be December 9, 2004 at 4:30 p.m.
Councilor Sharp reported that the Parks, Recreation and Arts Committee has not met. They are scheduled
to meet on December 14, 2004 at 3:00 p.m.
Councilor Kirby reported that the Utilities, Transportation and Public Safety Committee has not met.
They are scheduled to meet on December 13, 2004 at 5:00 p.m.
OLD BUSINESS
Council President Carter announced the Third Reading of Ordinance No. D-1724-04~ As Amended; An
Ordinance of the Common Council of the City of Cannel, Indiana, Establishing Limitations for the
Introduction and Re-Introduction of Ordinances. Councilor Sharp made a motion to amend Section 2.
Councilor Kirby seconded. There was no Council discussion. Council President Carter called for the
question. The motion to amend Section 2 passed 6-1 (Councilor Glaser opposed). Council President
Carter called for the question. Ordinance No. D-1724-04, As Amended was approved 4-3. Councilors
Sharp, Kirby, Griffiths and Rattermann voted aye. Councilors Mayo, Carter and Glaser voted nay.
Council President Carter announced the Second Reading of Ordinance No. D-1729-04; An Ordinance of
the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of
Carmel, Indiana for the Year 2005. Councilor Glaser presented to Council. There was no Council
discussion. Council President Carter called for the question. Ordinance No. D-1729-04 was
approved 7-0.
Council President Carter announced the Second Reading of Ordinance No. Z-458-04; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending the Historic Structures and Sites
Inventory in the Carmel Subdivision Control Ordinance (The Warren House, 1225 E. 116th Street).
Councilor Rattermann presented this item to Council. There was no Council discussion. Council
President Carter called for the question. Ordinance No. Z-458-04 was approved 7-0.
Council President Carter announced the Second Reading of Ordinance No. Z-462-04; An Ordinance of
the Common Council of the City of Carmel, Indiana, Establishing the Monon& Main Planned Unit
Development District. Councilor Rattermann presented this item to Council and referred to Jim Shinaver,
Attorney with Nelson & Frankenberger, 3105 East 98th Street/Suite 170, Indianapolis, Indiana 46280 for a
presentation to Council. Mr. Shinaver referred to David Leazenby of Buckingham Companies
(Petitioner), 333 N. Pennsylvania Street/10th Floor, Indianapolis, Indiana 46204, for a more in-depth
presentation. Also in attendance was Gary Murray, Mid-States Engineering, LLC, 9615 E. 146th
Street/Suite 6, Noblesville, Indiana 46060. There was extensive Council discussion. Councilor Sharp
made a motion to table until December 20, 2004. Councilor Griffiths seconded. There was brief Council
discussion. Council President Carter called for the question. The motion to table Ordinance No. Z-462-
04 until December 20, 2004 passed 7-0.
PUBLIC HEARINGS
Council President Carter announced the Second Reading of Ordinance No. D-1686-04~ As Amended;
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).
Council President Carter announced that the Public Hearing had remained open from the November 1,
2004 Council meeting. Councilor Glaser made a motion to table Ordinance No. D-1686-04, As Amended
until December 20, 2004.
Council President Carter opened the Public Hearing at 7:40 p.m.
One individual spoke in favor to table the Ordinance until December 20, 2004:
Larry Kane, 11268 Williams Court, Carmel Indiana 46032.
One individual spoke in opposition to table the Ordinance until December 20, 2004:
Zeff Weiss, Attorney, Ice Miller, 3400 One American Square, Indianapolis, Indiana 46282, representing
Martin Marietta.
Council President Carter closed the Public Hearing at 7:50 p.m. There was brief Council discussion.
Councilor Sharp seconded the motion to table. Council President Carter called for the question. The
motion to table Ordinance No. D-1686-04, As Amended until December 20, 2004 passed 7-0
Council President Carter announced the First Reading of Ordinance No. Z-460-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Regulating Denied Petitions in the Carmel Zoning
Ordinance (Zoning Denials). Councilor Rattermann referred to Mike Hollibaugh, Director, Department
of Community Services for further clarification. There was brief Council discussion. Council President
Carter opened the Public Hearing at 7:55 p.m. Seeing no one who wished to speak, Council President
Carter closed the Public Hearing at 7:56 p.m. Council President Carter referred Ordinance No. Z-460-04
to the Land Use, Annexation and Economic Development Committee for further review and
consideration.
Council President Carter asked Council to properly move the prior item into business (11.b.) Councilor
Rattermann made a motion to move into business. Councilor Glaser seconded.
Council President Carter announced the First Reading of Ordinance No. Z-461-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Regulating Temporary Uses in the Carmel Zoning
Ordinance and Establishing a Resubdivision Process in the Carmel Subdivision Control Ordinance
(Resubdivision Process). Councilor Rattermann moved to introduce this item into business. Councilor
Mayo seconded. Councilor Rattermann presented this item to Council and referred to Jon Dobosiewicz
from the Department o£Community Services for further clarification. There was brief Council
discussion. Council President Carter opened the Public Hearing at 8:01 p.m. Seeing no one who wished
to speak, Council President Carter closed the Public Hearing at 8:01:30 p.m. Council President Carter
referred Ordinance No. Z-461-04 to the Land Use, Annexation and Economic Development Committee
for further review and consideration.
Council President Carter announced the First Reading of Ordinance No. Z-463-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Rezoning District Classification (Range Line Road
Overlay Zone Classification). Councilor Rattermann moved to introduce this item into business.
Councilor Glaser seconded. Councilor Rattermann presented this item to Council. Council President
Carter opened the Public Hearing at 8:03 p.m.
One individual spoke in opposition to Ordinance No. Z-463-04:
Larry Kemper, Attorney, Nelson & Frankenberger, 3021 E. 98th Street/Suite 220, Indianapolis, IN 46280,
representing Kroger. Mr. Kemper distributed a copy ora letter from Kroger to Council members
(attachment 1).
Council President Carter closed the Public Hearing at 8:08 p.m. There was brief Council discussion.
Council President Carter referred Ordinance No. Z-463-04 to the Lane Use, Annexation and Economic
Development Committee for further review and consideration.
Council President Carter announced the First Reading of Ordinance No. Z-464-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, Establishing the Traditions on the Monon Planned Unit
Development District (Monon PUD). Councilor Rattermann moved to introduce this item into business.
Councilor Mayo seconded. Councilor Rattermann referred to Jim Shinaver, Attorney with Nelson &
Frankenberger, 3105 East 98th Street/Suite 170, Indianapolis, Indiana 46280 for a presentation to
4
Council. Also in attendance was Shawn Sullivan, Centex Homes, and Gary Murray, Mid-States
Engineering, LLC, 9615 E. 146th Street/Suite 6, Noblesville, Indiana 46060. Mr. Shinaver referred to
David Leazenby of Buckingham Companies, 333 N. Pennsylvania Street/10th Floor, Indianapolis, Indiana
46204, for a more in-depth presentation. Mr. Leazenby referred to Jim Shinaver to complete the
presentation. Council President Carter opened the Public Hearing at 8:22 p.m. Seeing no one who
wished to speak, Council President Carter closed the Public Hearing at 8:22:30 p.m. There was extensive
Council discussion. Council President Carter referred Ordinance No. Z-464-04 to the Lane Use,
Annexation and Economic Development Committee for further review and consideration.
First Reading of Ordinance No. Z-465-04; An Ordinance of the Common Council of the City of
Carmel, Indiana, Amending the WestClay Village Planned Unit Development District Ordinance (Village
of WestClay PUD); Sponsor: Councilor Rattermann. Withdrawn by Petitioner and Councilor
Rattermann until December 20, 2004.
First Reading of Ordinance No. Z-469-04; An Ordinance of the Common Council of the City of
Carmel, Indiana, Rezoning District Classification and Amending the WestClay Village Planned Unit
Development District Ordinance. [Rezoning 30.1 acres at the northwest comer of Towne Road and 131Et
Street from the S-1/Residence District Classification to the WestClay Village Planned Unit Development
District and To Change Designations on the Development Plan]; Sponsor: Councilor Rattermann.
Withdrawn by Petitioner and Councilor Rattermann until December 20, 2004.
NEW BUSINESS
Council President Carter announced the First Reading of Ordinance No. D-1734-04; An Ordinance of
the Common Council of the City of Carmel, Indiana, Creating A Carmel Fire and Police Department
Merit System and Adding Chapter 6, Article 3, Section 6-33 to the Carmel City Code (Fire/Police Merit
System). Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded.
Councilor Mayo presented this item to Council. There was no Council discussion. Council President
Carter referred Ordinance No. D-1734-04 to the Utilities, Transportation and Public Safety Committee for
further review and consideration.
Council President Carter announced the First Reading of Ordinance No. D-1735-04; An Ordinance of
the Common Council of the City of Carmel, Indiana, Concerning the Construction of Additions and
Improvements to the Waterworks of the City of Carmel, Indiana; Authorizing the Issuance of Revenue
Bonds For Such Purpose; Addressing Other Matters Connected Therewith, And Repealing Ordinances
Inconsistent Herewith ($7.5 million BAN). Councilor Kirby moved to introduce this item into business.
Councilor Griffiths seconded. Councilor Kirby referred to John Duffy, Director, of Utilities for
presentation to Council. There was brief Council discussion. Council President Carter referred
Ordinance No. D-1735-04 to the Utilities, Transportation and Public Safety Committee for further review
and consideration.
Council President Carter announced the First Reading of Ordinance No. D-1736-04; An Ordinance of
the Common Council of the City of Carmel, Indiana, Authorizing the City Engineer to Erect Temporary
Street and Highway Construction and Maintenance Signs (Temporary Signs). Councilor Kirby moved to
introduce this item into business. Councilor Griffiths seconded. Councilor Kirby presented this item to
Council. Councilor Kirby made a motion to suspend the rules and vote this evening. Councilor Glaser
seconded. Council President Carter called for the question. The motion to suspend the rules and vote this
evening passed 7-0. Councilor Sharp made a motion to approve Ordinance No. D-1736-04. Councilor
Mayo seconded. There was brief Council discussion. Council President Carter called for the question.
5
Ordinance No. D-1736-04 was approved 7-0.
Council President Carter announced the First Reading of Ordinance No. 1)-1737-04; An Ordinance of
the Common Council of the City of Carmel, Indiana Providing For An Additional Appropriation of Funds
From Operating Balance of the General Fund ($10,000 to City Council Budget/Annexation Legal Fees).
Councilor Rattermann moved to introduce this item into business. Councilor Mayo seconded. Councilor
Rattermann presented this item to Council. There was brief Council discussion. Council President Carter
made a motion to suspend the rules and vote this evening. Councilor Rattermann seconded. Councilor
Kirby informed Council President Carter that technically he could not make a motion as Council
President. Councilor Kirby made a motion to suspend the rules and vote this evening. Councilor Sharp
seconded. Council President Carter called for the question. The motion to suspend the rules and vote this
evening passed 7-0. Councilor Sharp made a motion to approve Ordinance No. D- 1737-04. Councilor
Rattermann seconded. Council President Carter called for the question. Ordinance No. D-1737-04 was
approved 7-0.
Council President Carter announced the First Reading of Ordinance No. 1)-1738-04: An Ordinance of
the Common Council of the City of Carmel, Indiana, Enacting and Adopting A Supplement to the Code
of Ordinance of the City of Carmel, Indiana (ALP 3ra Quarter Codification). Councilor Kirby moved to
introduce this item into business. Councilor Glaser seconded. Councilor Kirby presented this item to
Council and made a motion to suspend the rules and vote this evening. Councilor Glaser seconded.
Council President Carter called for the question. The motion to suspend the rules and vote this evening
passed 7-0. Councilor Sharp made a motion to approve Ordinance No. D-1738-04. Councilor Mayo
seconded. Council President Carter called for the question. Ordinance No. D-1738-04 was approved 7-0.
Council President Carter announced the First Reading of Ordinance No. 1)-1739-04; An Ordinance of
the Common Council of the City of Carmel, Indiana Approving the Borrowing of Funds From the City's
Municipally Owned Sewer Utility To Finance Acquisition of Property for Utility Use Pursuant to Ind.
Code § 8-1.5-3-12 (Repayment of Sewer Utility loan, new loan amount $422,357.97). Councilor Kirby
moved to introduce this item into business. Councilor Glaser seconded. Councilor Kirby presented this
item to Council. There was brief Council discussion. Councilor Kirby made a motion to suspend the
rules and vote this evening. Councilor Glaser seconded. Council President Carter called for the question.
The motion to suspend the rules and vote this evening passed 7-0. Councilor Sharp made a motion to
approve Ordinance No. D-1739-04. Councilor Mayo seconded. Council President Carter called for the
question. Ordinance No. D-1739o04 was approved 7-0
Council President Carter announced the First Reading of Ordinance No. D-1740-04; An Ordinance of
the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement
(Appointment of members to the Carmel/Clay Board of Parks and Recreation). Councilor Sharp moved
to introduce this item into business. Councilor Griffiths seconded. Council President Carter passed the
gavel to Councilor Kirby so that he could present this item to Council. Council President Carter
reclaimed the gavel from Councilor Kirby. There was extensive Council discussion. Council President
Carter referred Ordinance No. D-1740-04 to the Parks, Recreation and Arts Committee for further review
and consideration and asked for the Ordinance to be placed on the December 20, 2004 agenda.
Council President Carter announced the First Reading of Ordinance No. A-90-04; An Ordinance of the
Common Council of the City of Carmel, Indiana, To Budget Expenditures for the Operation and
Depreciation Funds for the Water Utility (Water Utility Budget 2005). Councilor Rattermann moved to
introduce this item into business. Councilor Glaser seconded. Councilor Kirby presented this item to
Council. There was no Council discussion. Council President Carter referred Ordinance No. A-90-04 to
6
the Utilities, Transportation and Public Safety Committee for further review and consideration and asked
for the Ordinance to be placed on the December 20, 2004 agenda.
Council President Carter announced the First Reading of Ordinance No. S-71-04; An Ordinance of the
Common Council of the City of Carmel, Indiana To Budget Expenditures for the Operation and
Depreciation Funds for the Wastewater Utility (Wastewater Budget 2005). Councilor Rattermann moved
to introduce this item into business. Councilor Mayo seconded. Councilor Kirby presented this item to
Council. There was no Council discussion. Council President Carter referred Ordinance No. S-71-04 to
the Utilities, Transportation and Public Safety Committee for further review and consideration.
Council President Carter announced the First Reading of Resolution No. CC-12-06-04-01; A Resolution
of the Common Council of the City of Carmel, Indiana Authorizing the Payment of Fiscal Year 2003
Claims From Fiscal Year 2004 Funds ($12,025.00). Councilor Sharp moved to introduce this item into
business. Councilor Mayo seconded. Councilor Sharp presented this item to Council. There was
extensive Council discussion. Council President Carter called for the question. Resolution No. CC-12-
06-04-04 was approved 6-1 (Councilor Glaser opposed).
Council President Carter announced the First Readin~ of Resolution No. CC-12-06-04-02; A Resolution
of the Common Council of the City of Carmel, Indiana, To Authorize A Transfer of Funds by the
Department of Community Services ($30,000.00 Legal Fees) and Plan Commission ($5,000.00
Consulting Fees). Councilor Mayo moved to introduce this item into business. Councilor Rattermann
seconded. Councilor Glaser presented this item to Council. There was no Council discussion. Council
President Carter called for the question. Resolution No. CC-12-06-04-02 was approved 7-0.
Council President Carter announced the First Reading of Resolution No. CC-12-06-04-03; A Resolution
of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2004
Council Budget ($31,114 Annexation Consulting Fees/$82 Stationary and Printed Material). Councilor
Rattermarm moved to introduce this item into business. Councilor Glaser seconded. Council President
Carter passed the gavel to Councilor Kirby to present this item to Council. Council President Carter
reclaimed the gavel from Councilor Kirby. There was brief Council discussion. Council President Carter
called for the question. Resolution No. CC-12-06-04-03 was approved 7-0.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
There were none.
EXECUTION OF DOCUMENTS
ADJOURNMENT
Councilor Kirby made a motion to adjourn the meeting following execution of documents. Councilor
Sharp seconded. Council President Carter adjourned the meeting at 9:18 p.m.
ATTEST:
Clerk-Treasurer Diana L. ~
Respectfully submitted,
Clerk~
Approved,
James Brainard~''/
8
KROGER FOOD STORES
December 6, 2004
VIA ItAND DELIVERY
Carmel Common Council
One Civic Square
Carmel, IN 46032
Re:
Kroger - Carmel Drive/Rangeline Road Overlay Zone
Ordinance Nos. Z-444-04 and Z-463-04
Dear Council Members:
The purpose of this letter is to express concerns Kroger has regarding the impact the
proposed Cannel Drive/Rangeline Road Overlay Zone ( Overlay Zone ) wall have on its grocery
store located at the southeast comer of Executive Drive and Rangeline Road in Carmel. We
believe that the proposed Overlay Zone ha~s a noble objective; however, for the reasons set forth
below, the application of the Overlay Zone to Kroger would have potentially catastrophic
consequences.
As you know, there are two elements to the proposed Overlay Zone: (i) the Text
Amendment Ordinance ("Text Amendment") which establishes the development standards
within the. Overlay Zone and (ii) the Rezone Ordinance which establishes the boundaries of the
Overlay Zone. The apparent pm-pose of the proposed Overlay Zone and the enhanced
development stm~dards is to redevelop the area along Rangelinc Road and Carmel Drive per the
"New Urbanism" architectural trend and also to create a level of consistency in terms of design
along that corridor. However, one problem with this approach is that, while it attempts to
establish uniform architectural and development standards for this corridor, there remains a
diversity of uses along the corridor for which the architectural mid development standards are not
well suited. Kroger, in particular, is a unique use in this corridor in that it is the only grocery
store in this conSdor, and some of the development standards contained witlfin the proposed
Text Amendment are not conducive to a competitive and feasible site plan for a grocery store,
nor do they promote an efficient use of that space.
Kroger has owned the real estate at its Rangeline Road store location for over 10 years,
and it has invested a sigtfificant amount of money in developing its site per the existing
Ordinance and approvals obtained. To now subject the site to new development standards will
impose undue hardship on Kroger and potentially jeopardize Kroger's original investment iii this
site. In this regard, the following provisions of the proposed Text A~nendmcnt cause Kroger
concern;
Development Plan approval of any additions to existing structures which exceed either
50% of the gross floor area of the existing structure or 5,000 square feet;
Restoration of a building after 100% destruction of the building in compliance with the
proposed development standards;
3. A maximum front building set back of 10 feet;
Thc requirement that principal buildings must have at least two floors of occupiable
space, with the second and higher floors to be (i) at least 50% of the size of the building
footprint and (ii) oriented to the front of the building such that its front line is equal to
that of the first floor;
5. A maximum building footprint of 40,000 square feet;
6. The requirement that parking area shall be located at the rear or side of thc building.
Kroger believes that the aforementioned provisions are not feasible for Kroger and for
competitive use of its site. Requinng a second floor of occupiable space is not a practical or
efficient use of a grocery store. Further, thc existing building footprint is approximately 64,000
square feet, and limiting the maximum building footprint of a reconstructed building in thc cvcnt
of catastrophic loss to 40,000 square feet would reduce the size of the grocery store by almost
one4hird (1/3). In addition, requiring that parking areas be located in the rear of thc building
also presents logistical problems in that the rear of the building is typically the location of
loading docks for the unloading of product for sale. Requiring a semi-tractor trailer to navigate
through a parking lot in order to reach a loading dock will present many practical problems and
result in customer complaints.
The requirement that the building be moved forward to within 10 feet of the fight-of-way
line of Rangeline Road is particularly troublesome for Kroger. Although Carmel has limited the
applicability of this requirement to (i) a catastrophic event resulting in destruction of 100% of thc
building or (ii) an addition of gq'cater dian 50% of the gross floor area of m~ existing building or a
5,000 square feet, requiring this in any case would impose an undue hardship on Kroger, in the
following ways:
Restriction on use. The development standards would apply in the event that
Kroger desired to expand its store a minimum of 5000 square feet. This
imposes a severe resl~Sction on Kroger's use of the site and its ability to market
the site to tbird parties, as neither Kroger nor a third party purchaser could
justify the cost of moving the entire building to Rangclinc Road in order to
construct a 5000 square foot addition to thc building.
Insurance and Utilities. Although it might appear that requiring compliance
with the development standards in the event of a catastrophic loss would not
negatively impact Kroger, it would. Although the building may have burned to
the ground, there still would exist water and sewer hookups underneath the
building pad as well as other utilities that have been routed specifically for the
current location of the building. In the event of a catastrophic loss requiring the
building to bc moved forward to Rangeline Road, insurance proceeds would be
insufficient to cover the loss and also cover the costs of moving the building
forward, foundation, utilities, etc. These uninsured costs would then likely be
borne by Kroger alone, which would impose a significant hardship.
Lender problems. A lender might be unwilling to extend credit to Kroger
knowing that, in the unlikely event of a foreclosure and its ultimate ownership
of the property, its ability to sell the property would be limited since, any
potential purchaser would have all of the legitimate concerns set forth above.
In other words, any potential ptzrehaser et'the site would also have less interest
in the site as (i) a 5000 square foot addition to the building to fit their needs
and (ii) a catastrophic loss would require movement of the building forward to
Rangeline Road, resulting in significant uninsured costs.
Competition. Requiting that the buildiog be moved forward to Rangeline Road
also puts Kroger at a competitive disadvantage relative to its competitors in the
area (i.e., Marsh, Metier, etc.) in that (i) they are not obligated to comply with
these requirements, (ii) they do not have to incur the costs of making these
improvements, and (iii) they arc not subject to requirements resulting in a less
efficient usc of their properties.
Devaluation. Subjecting the Kroger site to this requirement would also
devalue the real estate in that it would be very difficult for Kroger to sell the
real estate as (i) another grocery chain would not likely be interested in the sile
given thc new development standards which arc not conducive to the use of the
site as a grocery store and result in a less efficient usc ot' thc site and (ii) any
other potential user of thc site would also have less interest in the site in that a
5000 square foot addition to the building to fit their needs would require
movement of thc building forward to Rangcline Road, which would again
result in significant costs.
Inconsistent Applicatioo. Finally, with a few exceptions, Carmel's vision
becomes a reality along this corridor only if everyone suffers a catastrophic
loss, which is m~likcly. As a result, the purpose of the Overlay Zone most
likely will never be realized, yet the few unfortunate property owners 'to whiclx
it might apply in the event of a catastrophic loss would suffer a significant
hardship in being required to comply with development standards set forth in
the Text Amendment.
As discussed above, there are many issues with the proposed Overlay Zone which cause
concern for Kroger and which could have significm~t negative impact on the Kroger site. Kroger
believes the proposed Overlay Zone, while possessing a noble objective, does not take into
account the uniqueness of Kroger's site and, if applied to the Kroger site, would render it
unusable to Ka'oger in the event ora catastrophic event as well as severely limit the marketability
of the property. As a result, due to the foregoing concerns, Kroger would respectfully request
that it be exempted from the application of the Carmel Drive/Rangelinc Road Overlay Zone
Ordinance.
Very..~mly yo31r~
Danie.Ll. i3iCioccio
Assistant Real Estate Manager
The Kroger Company