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HomeMy WebLinkAboutCCM-02-07-05 Office of the Clerk-Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA ' MONDAY, FEBRUARY 7} 2005 - 7:00 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 I8, 2005 Executive 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, INDIANA 46032 317/571-7.414 10. OLD BUSINESS Fourth 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. Second Reading of Ordinance No. Z-466-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning R-3/Residence District Classification to the ' B-l/Business District Classification. (Property located at 105 1 st Avenue NE); Sponsor: Councilor Rattermann. Second Reading of Ordinance No. Z-465-04; An Ordinance of the Common CounCil of the City of Cannel, Indiana, Amending the WestClay Village Planned Unit Development District Ordinance (Village of WestClayPUD); Sponsor: Councilor Rattermann. Second 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 Plmmed Un. it 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. 1 1. PUBLIC HEARINGS First Reading of Ordinance No. 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; Sponsor: Councilor Rattermann. First 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 t9 Serve New Residential Development; Sponsor: Councilor Sharp. 12. NEW BUSINESS First Reading of Ordinance No. D-1741-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 3, Section 6-33 (c)(1) of the Carmel City Code (Cam~el Fire and Police Department Merit System); Sponsor: Councilor Carter. , First Readin~ of Ordinance No. D-1742-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-9(a)(1) & (2) and (b) of the Carmel City Code (Change time of Regular and Special Meetings, Emergency Sessions); Sponsor: Councilor Rattermann. First Reading of Resolution No. CC-02-07-05-01; A Resolution of the Common Council of the City of Carmel. Indiana, Expressing Interest in the Purchase Of Certain Properties Valued at Over $25,000 and Associated with the City's 2004 Road Bond Projects ($25,000 Purchases of Right-of-Way); Sponsor: Councilor Sharp~ First Reading of Resolution No. CC-02-07-05-02: A Resolution of the Common Council of the City of Carmel, Indiana, Approving an Amendment to the Carmel/Clay Comprehensive Plan Regarding the Zone Improvement Plan; Sponsor: Councilor Sharp. ! 3. OTHER BUSINESS a. City Council Appointments 1. Carmei Redevelopment Commission (One year term, beginning January 1), one · appointment 2. Carmel Economic Development Commission (Two year term, beginning February 1), one appointment 3. Hamilton County Solid Waste District Board (One year term, beginning January 1), one appointment b. Notice of cancellation of outstanding warrants for fiscal year 2002 - Clerk-Treasurer Diana Cordmy 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT COMMON COUNCIL MEETING MINUTES MONDAY, FEBRUARY 7, 2005 - 7:00 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 Rattennann, Clerk-Treasurer Diana Cordray. and Deputy Clerk- Treasurer Lois Fine. Mayor Brainard called the meeting to order at 7:00 p.m. Pastor Al Edgington, retired pastor from Fishers, pronounced the Invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES January 10, 2005 Regular Meeting - The Minutes from the January 10, 2005 were pulled from the agenda and will be placed on the February 21, 2005 agenda, for approval. Councilor Glaser made a motion to approve the Minutes of the January 18, 2005 Executive Session. Councilor Sharp seconded. Council President Kirby called for the question. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Adrienne Keeling, Department of Community Services, addressed Council regarding the Carmel Urban Design Initiative Education Series for Council, Carmel Redevelopment Commission, Plan Commission and the Board of Zoning Appeals that will be held on February 12, 2005 at the Village of WestClay. Adrienne also discussed the City Comforts book. Adrienne introduced, Adam Thies, Eden Land & Design, who was hired as a consultant to lead the new Urban Design Initiative. 1 COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Carter discussed the City Comforts book. ACTION ON MAYORAL VETOES: q~here were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $395,598.92. Councilor Griffiths seconded. Council President Kirby called for the question. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Glaser reported that the Finance, Administration and Rules Committee had not met. The next meeting is February 21, 2005 at 5:00 p.m., but will be cancelled if nothing is sent to the Committee from tonight's meeting. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met on January 13, 2005 and discussed Z-466-05 (4-0 favorable recommendation to Council) and will be discussed this evening. They also discussed Z-465-04 and Z-469-04 which was presented by the Brenwick Corporation (negative recommendation to Council). The committee also held a Special Meeting Thursday, February 3, 2005 to consider changes made by Brenwick to Z-465-04 and Z-469-04 (3-1 favorable recommendation to Council). The committee will be discussing D-1686-04, As Amended, at their next meeting on Thursday, February 10, 2005. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. The next meeting is February 8, 2005 at 3:00 p.m., but will be cancelled if nothing is sent to the Committee from tonight's agenda. Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee had n~t met. The next meeting will be Monday, February 14, 2005, but will be cancelled if nothing is sent to the Committee from tonight's meeting. OLD BUSINESS Council President Kirby announced the Fourth 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 made a motion to amend Ordinance No. D-1740-04 as referenced in Version B. Councilor Rattermann seconded. Councilor Sharp presented the ordinance to Council and discussed the amendments to the document. Council President Kirby passed the gavel to Councilor Griffiths to discuss this Ordinance. Councilor Griffiths passed the gavel to Councilor Sharp to discuss this Ordinance. Councilor Sharp called for the question. The motion to amend Ordinance No. D-1740, Version B passed 7-0. There was no Council discussion. Councilor Sharp called for the question. Ordinance No. D-1740, As Amended, was adopted 7-0~ 2 Council President Kirby announced the Second Reading of Ordinance No. Z-466-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning R-3/Residence District Classification to the B-l/Business District Classification. (Property located at 105 1st Avenue NE). The petitioners; Carl & Jenny Haman, 105 1st Avenue N.E., distributed a notarized document to Council explaining the commitment to have all employees, with the exception of two, use the public parking lot at the Lion's Club. This was a request from the Council. There was no Council discussion. Council President Kirby called for the question. Ordinance No. Z-466-05 was adopted 7-0. Council President Kirby announced the Second 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). Council President Kirby reopened the Public Hearing at 7:24 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 7:24:30 p.m. Council President Kirby requested that Councilor Sharp review the changes that were made to the Ordinance by the petitioner. Council President Kirby reopened the Public Hearing at 7:27 p.m. One individual spoke in opposition to the Ordinance: Benjamin Wills, 2456 Laurel Lakes Blvd., Carmel, IN 46032 One individual spoke in favor of the Ordinance: Marilyn Anderson, 3884 Shelborne Ct., Carmel, IN 46032 (prepared statement - attachment 1). Seeing no one else who wished to speak, Council President Kirby closed the Public Hearing at 7:38 p.m. Councilor Sharp made a motion to amend Ordinance No. Z-465-04 and to incorporate the language contained in Version 12705. Councilor Glaser seconded. Councilor Carter made a motion to amend the amended Version 12705 to change the density noted on page 18, section 7.1, line 9, from 2.0 to 2.1. Councilor Mayo seconded. There was extensive Council discussion. Council President Kirby called for the question. The motion to amend Version 12705 passed 4-3 (Councilors Rattermann, Carter, Kirby and Mayo voted aye. Councilors Glaser, Griffiths and Sharp voted nay). Council President Kirby called for the question on Councilor Sharp's motion to amend Version 12705. The motion to amend Version 12705 passed 4-3 (Councilors Rattermann, Carter, Kirby and Mayo voted aye. Councilors Glaser, Griffiths and Sharp voted nay). Council President Kirby called for the question. Ordinance No. Z-465-04, As Amended was adopted 4-3 (Councilors Rattermann, Carter, Kirby and Mayo voted aye. Councilors Glaser, Griffiths and Sharp voted nay). Second 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 131st Street from the S-l/Residence District Classification to the WestClay Village Planned Unit Development District and To Change Designations on the Development Plan]. Councilor Rattermann made a motion to withdraw this Ordinance as requested by the petitioner. Councilor Carter seconded. PUBLIC HEARINGS Council President Kirby announced the First Reading of Ordinance No. 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. Councilor Rattermann moved to introduce this item into business. Councilor Mayo seconded. Councilor Ra(termann referred to Jon Dobosiewicz, Planning Administrator, Department of Community Services, for an overview to Council. Council President Kirby opened the Public Hearing at 7:55 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 7:55:30 p.m. There was no Council discussion. Council President Kirby referred Ordinance No. Z-470-05 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Kirby announced the First Reading of Ordinance No. Z-471-05; An Ordinance of the Common Council o f 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. Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded. Councilor Sharp referred to Mark Westermeier, representing the Carmel Clay Parks Board~ for an overview of the ordinance. Council President Kirby opened the Public Hearing at 8:00 p.m. Roger Stevens, representing the Builders Association of Greater Indianapolis spoke in support of this Ordinance. Seeing no one else who wished to speak, Council President Kirby closed the Public Hearing at 8:02 p.m. There Was no Council discussion. Council President Kirby sent Ordinance No. Z-471-05 to the Parks, Recreation and Arts Committee for further review and consideration. NEW BUSINESS Council President Kirby announced the First Reading of Ordinance No. D-1741~05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 3, Section 6-33(c)(1) of the Carmel City Code (Carmel Fire and Police Department Merit System). 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 Sharp seconded. Council President Kirby called for the question. The motion to suspend the rules and vote this evening passed 7-0. There was brief Council discussion. Council President Kirby called for the question. Ordinance No. D-1741-05 was adopt, ed 7-0. Council President Kirby announced the First Reading of Ordinance No. D-1742-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-9 (a) (1) & (2) and (b) of the Carmel City Code (Change time of Regular and Special Meetings, Emergency Sessions). Councilor Rattermann moved to introduce this item into business. Councilor Glaser seconded. Councilor Rattermann presented this item to Council. Councilor Carter made a motion to amend line 32, 3-9 (b), insert the word Reg~dar at the beginning of the sentence. Councilor Rattermann seconded. Council President Kirby called for the question. The motion to amend passed 7-0. Clerk- Treasurer Diana Cordray recommended to Council to remove an entire paragraph in section 3-9 (a) (2). Councilor Rattermann made a motion to strike lines 27 through 30 and to end the sentence after Common Council on line 34. Councilor Mayo seconded. There was brief Council discussion. Council President Kirby called for the question. The motion to strike lines 27 through 30 and to end the sentence after Common Council on line 34 passed 7-0. Councilor Griffiths made a motion to suspend the rules and vote this evening. Councilor Sharp seconded. Council President Kirby called for the question. The motion to suspend the rules and vote this evening passed 7-0. Council President Kirby called for the question. Ordinance No. D-1742-05, As Amended was adopted 7-0. 4 Council President Kirby announced the First Reading of Resolution No. CC-02-07-05-01; A Resolution of the Common Council of the City of Carmel. Indiana, Expressing Interest in the Pumhase of Certain Properties Valued at Over $25,000 and Associated with the City's 2004 Road Bond Projects ($25,000 Purchases of Right-of-Way). Councilor Carter moved to introduce this item into business. Councilor Griffiths seconded. Councilor Sharp presented this item to Council. There was brief Council discussion. Councilor Mayo made a motion to approve Resolution No. CC-02-07-05-01. Councilor Sharp seconded. Council President Kirby called for~the question. Resolution No. CC-02-07-05-01 was adopted 7-0. Council President Kirby announced the First Reading of Resolution No. CC-02-07-05-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving an Amendment to the Carmel/Clay Comprehensive Plan Regarding the Zone Improvement Plan. Councilor Sharp moved ,to introduce this item into business. Councilor Griffiths seconded. Councilor Sharp referred to Mark Westermeier, Director, Parks Department, for an overview of the resolution. There was no Council discussion. Councilor Mayo made a motion to approve Resolution No. CC-02-07-05-02. Councilor Sharp seconded. Council President Kirby called for the question. Resolution No. CC-02-07-05-02 was adopted 7-0 OTHER BUSINESS a. City Council Appointments Cannel Redevelopment Commission (One year term, beginning January 1), one appointment. Councilor Sharp moved that William Hammer be reappointed. Councilor Carter seconded. Appointment approved 7-0. Carmel Economic Development Commission (Two year term, beginning February 1), one appointment. Councilor Sharp requested this item to be returned to the agenda for the February 21, 2005 meeting. Hamilton County Solid Waste District Board (One year term, beginning January 1), one appointment. Councilor Mayo moved that Councilor Fred Glaser be reappointed. Councilor Sharp seconded. Appointment approved 7-0. Notice of cancellation of outstanding warrants for fiscal year 2002 - Clerk-Treasurer Diana Cordray. Council President Kirby informed Council the Clerk-Treasurer just needs to notify Council of this information. ANNOUNCEMENTS Mayor Brainard discussed the Right-Of-Way acquisition for the Illinois Project. Mayor Brainard also wanted to inform Council that the Carmel Clay schools spring break will fall on the first meeting in April (April 4). Council may want to cancel that meeting. Council President Kirby will watch the work load and make a decision when it gets closer to April. EXECUTION OF DOCUMENTS 5 ADJOURNMENT ~ Mayor Brainard adjourned the meeting following p.m. execution of documents at 8:38 Respectfully submitted, ATTEST: Clerk-Treasurer Diana L. Cordray, I~ Clerk-Treasurer Diana L. Co IvlC Approved, /yor James Brainard 6 To City Council February 7, 2005 I'm speaking xvith mixed emotions. I, like others on both sides of this proposal, have given over hours and hours of my life in the past six months. I can emphatically say that the proposal before you tonight is a vast improvement over the initial proposal last fall. Are there still problems with it? Oh, yes. Would I prefer the 1999 PUD for this area? Definitely. Would I prefer the 2002 PUD? Yes. I want it included in the public minutes that my acceptance of the proposal as it now stands is conditional. It is conditional upon what has all along been two "make-it-or-break-it issues": the nature of the commercial development and the 2.0 density cap. I still have reservations about the change in commercial areas and uses. I maintain that the fast food restaurant will have to draw from a wide area in order to be economically viable and it is in itself not true neighborhood serving commercial. I believe there will be pressure in the future to let the section west of Town Road change into a regional commercial area, not a neighborhood serving commercial area. Let me put everyone on notice now- that the limit pf acceptable has already been stretched for many area residents and for myself. Acceptance of this proposal should not be construed as a foot-in-the-door. Likewise, I am very pleased that the density cap of 2.0 is being maintained, but I am also very concerned that the two parcels west of the current proposal be held to the 1.3 density for forever. The density on this parcel abutting the west side of Town Road has now increased twice and is much, nmch more intense than before. I am also very aware that there are a number of "exceptions" that aren't being counted that will still create traffic. Do not, I repeat: do not in the future, for whatever reason, bring back a proposal asking for any increase in the density cap. That said, I want to thank the Council members for listening and responding to the concerns of area residents and I'd like to thank Brenwick for finally making some much needed changes. 3884 Shelborne Ct. Carmel, IN 46032 ./