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HomeMy WebLinkAboutCCM-02-21-05 City of Carmel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, FEBRUARY 21, 2005 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. 6. 7. 8. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. January 10, 2005 Regular Meeting b. January 31, 2005 Special Meeting c. February 7, 2005 Regular Session RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INI)IANA 46032 317/571-2414 ! 0. OLD BUSINESS Fifth 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. Second Reading of Ordinance No. Z-470-05; An Ordinance of the Common Cguncil of the City of Carmel, Indiana, Updating a Variety of Provisions of the Carmel Zoning Ordinance; Sponsor: Councilor Rattermann. Second Reading of Ordinance No. Z~471-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Restated and Amended Ordinance to Establish an Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure Needed to Serve New Residential Development; Sponsor: Councilor Sharp. 1 1. PUBLIC HEARINGS First Reading of Ordinance No. Z-472-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending S-l/Residence Base Density for ROSO Subdivisions in the Carmel Subdivision Control Ordinance and Amending Planned Unit Development District Locations in the Carmel Zoning Ordinance; Sponsor: Councilor Rattermann. 12. · NEW BUSINESS First Reading of Ordinanc~ No. D-1743-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-30 of the Carmel City Code (Council Appointments and Removal); Sponsor: Councilor Carter. First Reading of Ordinance No. D-1744~05: An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-20(a)(2) of the Carmel City Code (Designate two (2) additional twenty-five miles per hour (25 mph) City streets- Heathermoore Crest and Heathermore Parl~ Drive South); Sponsor: Councilor Mayo. First Reading of Ordinance No. D-1745-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-30 and Chapter 8, Article 9, Section 8-120 of the Carmel City Code (Fifteen (15) additional stop signs); Sponsor: Councilor Mayo. First Reading of Ordinance No. D-1746-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-17 of the Carmel City Code (Mount Carmel School - 146th Street shall be thirty (30) mph); Sponsor: Councilor Mayo. First Reading of Resolution No. CC-02-21-05-01; A Resolution of the Common Council of the City of Carmel, Indiana for Designation of the Attached Property As An Economic Revitalization Area (Group 303, LLC owner of Specialty Risk International, Inc.); Sponsor: Councilor Sharp. COMMON COUNCIL MEETING MINUTES MONDAY, FEBRUARY 21, 2005 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Kevin Kirby, Council Members Rick Sharp, Brian Mayo, Joe Griffiths, Fred Glaser, Ron Carter, Mark Rattermann, Clerk-Treasurer Diana Cordray and Deputy Clerk- Treasurer Lois Fine. Mayor Brainard called the meeting to order at 6:03 p.m. Carmel Police Pastor Davis pronounced the Invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:' There were none. APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes of'the January 10, 2005 Regular Meeting. Councilor Glaser seconded. Council President Kirby called for the question. The Minutes were approved 7-0. Councilor Mayo made a motion to approve the Minutes of the January 31, 2005 Special Meeting. Councilor Glaser seconded. Council President Kirby called for the question. The Minutes were approved 7-0. Councilor Mayo made a motion to approve the Minutes of the February 7, 2005 Regular Meeting. Councilor Glaser seconded. Council President Kirby called for the question. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Fred )'de, 2117 Burning Tree Lane, Carmel, IN 46032, NOAX,, xpoke in opposition to Ordinance No. C-263 (attachmen! 1). COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: There were none. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $3,155,558.80. Councilor Glaser seconded. Councilor Glaser made a motion to remove four claims and send them to the Finance, Administration and Rules Committee for review: 1) Carmel Arts Council - $24,000; 2) CarmeI Community Players - $70,000; 3) Carmel Fountain Square - $15,000; 4) Carmel Symphony Orchestra - $130,000. Councilor Sharp seconded. Council President Kirby called for the question. The motion to remove these claims was approved 6-1 (Councilor Carter opposed). Councilor Glaser made a motion to move two claims for Evan Lurie in the amount of $5,250.00 to the Carmel Redevelopment Commission Fund. Councilor Sharp seconded. Council President Kirby called lbr the question. The motion to move four claims for Evan Lurie passed 7-0. Council President Kirby called for the question. Amended claims in the amount of $2,916,558.70 were approved 7-0. COMMITTEE REPORTS: Councilor Glaser reported that the Finance, Administration and Rules Committee had not met. The next meeting is March 21, 2005. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met on February 10, 2005 to discuss Ordinance Z-470-05 (favorable recommendation to Council), and Ordinance D-1686-04, As Amended. Ordinance Z-470-05 will be discussed at tonight's meeting. Ordinance D-1686-04, As Amended, will remain in committee until March 16, 2005 for further review. Councilor Carter reported that the Parks, Recreation and Arts Committee met on February 8, 2005 and discussed Ordinance Z-471-05 (3-0 favorable recommendation to Council) and will be discussed at tonight's meeting. The next meeting will be March 15, 2005 at 5:00 p.m. Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Fifth Reading of Ordinance 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): Ordinance not discussed. Council President Kirby announced the Second Reading of Ordinance Z-470-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Updating a Variety of Provisions of the Carmel Zoning Ordinance. There was no Council discussion. Council President Kirby called for the question. Ordinance Z-470-05 was adopted 7-0. Council President Kirby announced tire Second Reading of Ordinance Z-471-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Restated and Amended Ordinance to Establish an Impact Fee for tire Purpose of Planning and Financing Parkland Recreational Infrastructure Needed to Serve New Residential Development. Councilor Carter informed Council that this Ordinance contained 2 blank spaces and referred to Doug Haney, City Attorney, for clarification. Doug Haney, City Attorney, informed Council that the blanks on page 2 and page 9 needed to be completed. The blanks on page 6 are OK. Councilor Carter made a motion to table this item until March 7, 2005. Councilor Sharp seconded. PUBLIC HEARINGS Council President Kirby announced the First Reading of Ordinance Z-472-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending S-I/Residence Base Density for ROSO Subdivisions in the Carmel Subdivision Control Ordinance and Amending Planned Unit Development District Locations in the Carmel Zoning Ordinance. Councilor Rattermann moved to introduce this item into business. Councilor Glaser seconded. Councilor Rattermann presented this item to Council and made a motion to table this item and keep the Public Hearing open. There was brief Council discussion. Councilor Rattermann made a motion to withdraw this Ordinance. Councilor Sharp seconded. Ordinance Z-472-05 withdrawn. NEW BUSINESS Council President Kirby announced the First Reading of Ordinance D-1743-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3- 30 of the Carmel City Code (Council Appointments and Removal). Councilor Mayo moved to introduce this item into business. Councilor Glaser seconded. Councilor Carter presented this item to Council and made a motion to suspend the rules and vote this evening. Councilor Glaser seconded. Council President Kirby called for the question. The motion to suspend the rules and vote this evening passed 7-0. There was no Council discussion. Council President Kirby called for the question. Ordinance D-1743-05 was adopted 7-0. Council President Kirby announced the First Reading of Ordinance D-1744-05: An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-20(a)(2) of the Carmel City Code (Designate two (2) additional twenty-five miles per hour (25 mph) City streets - Heathermoore Crest and Heathermore Park Drive South). Councilor Mayo moved to introduce this item into business. Councilor Griffiths seconded. Councilor Mayo presented this item to Council. There was brief Council discussion. Council President Kirby referred Ordinance D-1744-05 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Kirby announced the First Reading of Ordinance D-1745-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-30 and Chapter 8, Article 9, Section 8-I20 of the Carmel City Code (Fifteen (15) additional stop signs). Councilor Mayo moved to introduce this item into business. Councilor Glaser seconded. Councilor Mayo presented this item to Council. There was no Council discussion. Council President Kirby referred Ordinance D-1745-05 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Kirby announced the First Reading of Ordinance D-1746-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-17 of the Carmel City Code (Mount Carmel School - 146th Street shall be thirty (30) mph). Councilor Mayo moved to introduce this item into business. Councilor Glaser seconded. Councilor Mayo presented this item to Council. Mayor Brainard pointed out to Council that this street does not belong to the City. 146th is a Hamilton County thoroughfare. There was brief Council discussion. Council President Kirby referred Ordinance D-1746-05 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Kirby announced the First Reading of Resolution CC-02-21-05-01; A Resolution of the Common Council of the City of Carmel, Indiana for Designation of the Attached Property As An Economic Revitalization Area (303 Group, LLC owner of Specialty Risk International, Inc.). Councilor Mayo moved to introduce this item into business. Councilor Sharp seconded. Councilor Sharp presented this item to Council and referred to Tim Cook, ofKSM - Economic Development Advisors, lndim~apolis, Indiana 46240 to present to Council. Mr. Cook referred to Bill Tysdal, Specialty Risk International, Inc., to provide an overview of this project to Council. There was brief Council discussion. Council President Kirby called for the question. Resolution CC-02-21-05~01 was adopted 7-0. OTHER BUSINESS There was none. ANNOUNCEMENTS Councilor Sharp wanted to verify the date of the next Land Use, Annexation and Economic Development Committee meeting. It will be held on Wednesday, March 16, 2005, not March 17 as previously stated. EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting following execution of documents at 6:37 p.m. Respectfully submitted, Clerk~Treasurer Diana L. C~rdra~, IAMC Approved, ATTEST: 4 Good Evening My name is Fred Yde, and I'm a resident of SW Clay Township with a home in Crooked Stick West at 2117 Burning Tree La. As you know over the last 12 weeks I have been working with many other residents of SW Clay to resist the Ordinance you gentlemen passed back in November, right before the holidays, right before vacation season, & right before the grip of our Indiana winter. I often thought during this time that I would come here tonight to gloat in our being able to overcome these obstacles to a successful remonstrance and I have been pointing toward this evening since November 26th. But instead of sitting here in the council chamber gloating about our imminent success, 1 xvould rather memorialize this evening by thanking you, yes thanking you for making my winter such an entertaining and purposeful one. The basketball seasons usu~lly make winter tolerable for me, but aside from the Carmel Greyhounds, my take on Indiana basketball this year is that it just plain stinks, so instead of watching a lot a of bad basketball, I've been writing, walking, and talking about annexation in every spare moment of my usual personal and family time. It certainly has been a learning experience, and I don't think I would know as much about this dreadful issue if you hadn't passed that ordinance. I know more about it than 1 ever thought possible. Jim Garretson should be very proud of me. I think you all know who he is. ( fyi ...Fred's old guvmint teacher who served many years on the council ) And, I want to thank you for doing everything you possibly could to make sure this remonstrance comes to a successful conclusion, as I'm confident it will this Thursday. Without the actions you've taken during these 90 days, 1 don't think we could have come close to making it to the required 65%. Your first letter out of the box which must have been written before you passed the ordinance got everyone all excited. Excuse me for being a little dense, but I didn't pick up on your strategy until the second letter, you know the one where all those city and park employees and even the Township Trustee endorsed annexation. That's when the rush of petitions started to come in to our mailbox. We hadn't even gone door to door yet! We thought our letters to the residents were doing a good job, but then on Jan l0th you introduced a resolution that suggested you might cancel the fire contract with Clay Township. That's when I realized how much you cared about us, because the petitions and letters just flew in. Brilliant! It became crystal clear last week how much you wanted us to succeed, by letting the press know about the latest edition of your web-site, & that of course includes the now famous "un-sign your petition" button! You must have consulted with the law firm Dewey, Cheatham & Hdwe for that! I know we will blow by 65% when the remaining undecided residents get that postcard in their mailboxes tomorrow. And while you're at it do us a favor and pass that resolution to cancel our agreements. You wilI have done it again! Brilliant! So thank-you, thank-you fi'om the bottom of our hearts. Good night! and uh, we'll see you in court!