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Home My WebLink AboutCCM-05-16-05City of Carmel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, MAY 16, 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. May 2, 2005 Regular Meeting 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 317/571-2414 10. ' OLD BUSINESS 11. PUBLIC HEARINGS 12. NEW BUSINESS a. Ordinance D-1767-05; An Ordinance of'the Common Council of'the City o£.Carmel, Indiana, Creating and Adopting Chapter 8, Article 4, Section 8-39 o£thc Carmel City Code (Speed Humps); Sponsor: Councilor Sharp. Resolution CC-05-16-05-01; A Resolution of.the Common Council of'the City of' Carmel, Indiana, Regarding the Hiring of Outside Legal Counsel; Sponsor: Councilor Kirby. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 1 5. EXECUTION OF DOCUMENTS 16. ADJOURNMENT COMMON COUNCIL MEETING MINUTES MONDAY, MAY 16, 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, Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Lois Fine. Councilsr Mark Rattermann was absent. Councilor Brian Mayo 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 May 2, 2005 Regular Meeting. Councilor Griffiths seconded. Council President Kirby called for the question. The Minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: The following persons addressed Council in favor of Ordinance D-1752-05 (Performing Arts Center): Larry Creviston June McCarty Clair Jeff Worrell Nick Kestner Jack Badger Jerry Heniser John Schuler Jeanne Book Sandy Stewart Jack Stafford 179 Aspen Way, Carmel, Indiana 10587 Breckenridge Drive, Carmel, Indiana 12550 Scottish Bend, Carmel, Indiana (attachment 1) 2123 W. 106th Street, Carmel, Indiana 3039 Rolling Springs Drive, Carmel, Indiana 433 Autumn Drive, Carmel, Indiana 13595 Landser Place, Carmel, Indiana 12550 Springmill Road, Carmel, Indiana 4176 E. 116 Street, Carmel, Indiana 24 Maple Crest Drive, Carmel, Indiana The following person addressed Council in opposition to Ordinance D-1752-05 (Performing Arts Center): Wayne A. Wilson 24 Wilson Drive, Carmel, Indiana 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 $1,749,174.53. Councilor Griffiths seconded. Councilor Glaser wanted clarification from the Mayor regarding the $16,000.00 check to the Carmel Arts Council for the BBQ Fest. The Mayor stated the money is to provide music for the event and he thinks the BBQ is free. This amount comes from the Arts Budget that was approved by the Council last year. Council President Kirby called for the question. Claims were approved 5-I (Councilor Glaser opposed). COMMITTEE REPORTS: Councilor Glaser reported that the Finance, Administration and Rules Committee met on Monday, May 16, 2005 and discussed Ordinance D-1751-05 (tuition reimbursement). The ordinance will be forwarded to the full Council, with a 4-0 favorable recommendation from the committee, on Monday June 6, 2005. The next meeting is scheduled for Monday, June 20, 2005 at 5:00 p.m. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met on Thursday, May 12, 2005 and discussed Ordinance D-1750-05 (Thoroughfare Plan) and Ordinance Z-477-05. Both ordinances will be added-on to the agenda at tonight's meeting. The next meeting is scheduled for Thursday, June 9, 2005 at 5:30 p.m. Councilor Carter reported that the Parks, Recreation and Arts Committee has not met. Councilor Carter instructed the Clerk-Treasurer's office to only notice this meeting on an as needed basis. Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee met on Monday, May 9, 2005 and discussed Ordinance D-1753-05 (Door-to-Door Vendors). Councilor Mayo will retain this ordinance in committee until further notice. The next meeting is scheduled for Monday, June 13, 2005 at 5:00 p.m. OLD BUSINESS There was none. 2 PUBLIC HEARINGS There were none. NEW BUSINESS Council President Kirby announced the first reading of Ordinance D-1767-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating and Adopting Chapter 8, Article 4, Section 8- 39 of the Carmel City Code (Speed Humps). Councilor Sharp moved to introduce this item into business. Councilor Glaser seconded. Councilor Sharp presented this item to Council. Clerk-Treasurer Diana Cordray informed Council President Kirby that there was a scrivener's error that needed corrected. The ordinance number should be D-1756-05. Councilor Sharp made a motion to amend Ordinance D-1767-05 to Ordinance D-1756-05. Councilor Griffiths seconded. Council President Kirby called for the question. The motion to amend Ordinance D-1767-05 to Ordinance D-1756-05 passed 6-0. Councilor Sharp made a motion to suspend the rules and vote this evening. Councilor Griffiths seconded. Council President Kirby called for the question. The motion to suspend the roles and vote this evening passed 6-0. There was brief Council discussion. Council President Kirby called for the question. Ordinance D-1756-05, As Amended, passed 4-2 (Councilors Mayo and Glaser opposed). Council President Kirby announced Resolution CC-05-16-05-01; A Resolution of the Common Council of the City of Cam~el, Indiana, Regarding the Hiring of Outside Legal Counsel. Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded. Council President Kirby presented this item to Council. Councilor Sharp interrupted Council President Kirby and informed him that the CounciI needed to return to Ordinance D-1756-05, As Amended.' The first reading of an ordinance requires you must have at least five AYE votes to pass, and Council only had four. Therefore, the ordinance did not pass. There was brief Council discussion. Councilor Glaser made a motion to reconsider Ordinance D-1756-05, As Amended and send to committee. Councilor Griffiths seconded. Council President Kirby called for the question. The motion to send Ordinance D-1756-05, As Amended to committee passed 6-0. Council President Kirby referred Ordinance D-1756-05, As Amended, to the Utilities, Transportation and Public Safety Committee for further review and consideration. Resolution CC-05-16-05-01 (cont.) There was no Council discussion. Council President Kirby called for the question. Resolution CC-05-16-05-01 was adopted 6-0. ADD-ON'S: Councilor Sharp made a motion to add-on Ordinance D-1752-05, Ordinance D-1750-05 and Ordinance Z-477-05. Councilor Glaser seconded. Council President Kirby called for the question. The motion to add-on Ordinance D-1752-05, D-1750-05 and Z-477-05 was approved 6-0. Councilor Mayo moved to introduce the First Reading of Ordinance D-1752-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission, and Addressing Matters Related Thereto (Performing Arts Center); Sponsor(s): Councilor(s) Carter and Sharp. Councilor Sharp seconded. Councilor. Sharp presented this item to Council and clarified why the ordinance was placed back on this agenda. In a memo to the Mayor, Council members, Clerk-Treasurer Diana Cordray and the Press, Councilor Sharp stated "It appears that the Council failed to vote on the motion to take up this item out of its posted order on the agenda for our last meeting. This procedural failure could lead to a future argument that the item was never properly introduced into business and render any final decision on this ordinance questionable". There was brief Council discussion. Councilor Sharp made a motion to hold a Special Council meeting on May 31,2005 to discuss this ordinance. Councilor Carter seconded. There was brief Council discussion. Council President Kirby called for the question. The motion to hold a special Council meeting passed 4-2 (Council President Kirby and Councilor Glaser opposed). There was extensive Council discussion. Councilor Sharp asked the Mayor to call a Special Council meeting on May 31,2005 at 6:00 p.m. The Mayor addressed Council. There was extensive Council discussion. Councilor Sharp made a motion to suspend the rules and not send the ordinance to the Finance Committee. Councilor Griffiths seconded. Council President Kirby called for the question. The motion to suspend the rules and not send the ordinance to the Finance Committee failed 5-1 (Councilor Glaser opposed). There was brief Council discussion. Councilor Mayo made a motion to suspend the roles and not send the ordinance to the Finance Committee and to hold a Special Council meeting on May 31, 2005. Councilor Griffiths seconded. Council President Kirby called for the question. The motion to suspend the rules and not send the ordinance to the Finance Committee and to hold a Special Council meeting on May 31,2005 passed 6-0. There was brief Council discussion. Doug Haney, City Attorney, approached the podium for clarification that the Special Council meeting will be to only address Ordinance D-1752-05. Council President Kirby confirmed. Second Reading of Ordinance D-1750-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 2, Article 4, Section 2-125, Establishing a Non- Reverting Thoroughfare Development Fund (Fund #913); Sponsor: Councilor Carter. Councilor Mayo seconded. Councilor Sharp made a motion to amend Ordinance D-1750-05 by adding to the end of Section 2-125 (b)(5)(c): Monies received due to commitments for specific improvements may not be reallocated to other projects without Council approval. Councilor Glaser seconded. Council President Kirby called for the question. The motion to amend Ordinance D-1750-05 was approved 6-0. There was brief Council discussion. Council President Kirby called for the question. Ordinance D-1750-05~ As Amended was adopted 6-0. Second Reading of Ordinance Z-477-05: An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification, Rezoning the Southeast Corner of Main Street and Range Line Road from the B-l/Business District, B-2/Business District and R-2/Residence District Classification to the C-2/Old Town District Classification; Sponsor: Councilor Rattermann. Councilor Mayo referred to Mike Hollibaugh, Director, Department of Community Services, for clarification to Council. There was brief Council discussion. Council President Kirby called for the question. Ordinance Z-477-05 was adopted 6-0. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting following execution of documents at 7:37 p.m. ADJOURNMENT ATTEST: Clerk-Treasurer Diana ~MC RespeCtfully submitted, ~iii~i2,asurer Diana L.~C Ma/Jat~mes B ~r CARMEL CLAY CHAMBER OF COMMERCE Board o£ Directors Jeff Scripture, Chair Harrison & Moberl? Mike Napariu, Chair-elect REI Investments, Inc. Tom Nowak, Treasurer Katz Sapper Sk Miller, LLP Janet Corbin, Secretary · UN Printing & Mailing Jeff Worretl, Past Chair A4vantage Medical E. Davis Coots Coots Henke & Wheeler Carolyn Drahn Gary Everling St. Vincent Carmel H0spita[ Barry cinder National Bank off [r~ianapolis Nick KesmeT Carmel Scb. winn Cycling & Fitness Jeff Salsbery Sal~ber5 Brotkers Landscaping Alana Shane Fir& Tkird Bank Joy Stafford Re Mo~x AbitiD Janis Wagner Nationcd Ciey Bank Mo Merhog President Comments on behalf of the Carmel Clay Chamber of Commerce May 16, 2005 My name is Jeff Worrell, and I am here to speak on behalf of the Carmel Clay Chamber of Commerce. To provide a brief review of the process the Chamber undertakes prior to taking a position on any issue - A seven-member Business Issues Comrmttee reviews any issue that comes before us for potential chamber action. After study and discussion, the committee makes a recommendation to the entire 14-member Board of Directors, who then vote to accept or reject the committee's vie~v. On the issue of the Performing Arts Center, the Business Issues Committee voted unanimously to recornmend to the board that it endorse the building of the center and, on May 4, the Board voted unanimously to support the corrm~ittee's recommendation and support the current plan for the Performing Arts Center as a crucial element to the completion of Carmel's City Center. Our support of this project is based on the following: The Chamber believes that the City Center project should be completed and that the Performing Arts Center is a critical element of the project. Without it, the scope of current commitments ~vill be substantially dLminished, lengthening the time necessary for completion and likely changing the elements .investigated and identified as being crucial to the success of the entire project. The building of the Performing Arts Center is a commitment to ensuring a vibrant future for Carmel's City Center. Thee Performing Arts Center is a legitimate catalyst for continued development, not only within City Center, but in adjacent areas as well. The building of the Performing Arts Center is a commitment not only to those businesses who have invested in a new downtown Carmel, but to those who will choose to be a part of its future. Nationally, quality of life issues are the primary economic development dra~vs. Schools, parks, the arts and roads lead the list of elements that companies and their employees choose when investigating locations. Carmel businesses' contributions to our quality of life are substantial and impressive. ft's important to remember that TIF dollars are prin~arily generated through business development. It is business dollars that have largely contributed to the excellence of our schools, the quality and in~pressive growth of our parks and recreational facilities, and the reliability of our roads. The building of the Performing Arts Center is a commitment to ensure that Carmel remains at the forefront of communities on the sh6rt list for business relocation and expansion, and that current business residents chose to stay. The Performing Arts Center has been described by some as presenting an element of risk. They're likely right. just as those who cautioned against building the V/llage of West Clay were right. just as those who thought Hazel Dell Parkway was a risky, expensive venture were right. just as thbse who questioned the Monon Trail's value to the conununity were right. just as those who said a lifestyle shopping center was too risky because no one would give up indoor mails to shop outside were right. And just as those who said a suburban city could never create its own downtown center were right. Our ci~'s success has not been achieved without risk. Choosing now to shy away from innovation and forgo success in order to avoid risk, is actually a greater risk. That choice risks our potential, our exceptional quality of hfe and our future. The consequences are too important and the opportunity too rare. The Chamber urges you to support the current plan for construction of the Performing Arts Center. 2