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HomeMy WebLinkAboutCCM-09-19-05Office of the Clerk-Treasurer of Carmel COMMON ,C. oUNCI,L MEETING,: AGENDA ' MONDAY, SEPTEMBER 19,'2005 -'-6:00-.P.M. '' COUNCIL CHAMBERS/CITY HAE.L,/ONE (~]vic SQUARE MEETING CALLED TO ORDER 1. INVOCATION PLEDGE OF. ALLEGIANCE RECOGNITION OF Ci~I'¥ EMPLOYEES APPROVAL OF MINUTES a. August 26; 2005 Execfitive S~ssion'~e~ting b. SePtpmber 6, 2005 Regular Meeting RECOGNITION CJF' t;ERSONS W1LIO WISH CO?ADDRESS THE 'COUNdiL AND OUqSTAND,ING ~ITIZENS. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENT_S/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE.REPORTS . a. Finance, 5kdministfation'an~lRul~ Cominittee ' :' i: ' :'"' ' ' '! ' b. Land Use} A ~ ~ekation and Economic Developmeht Committee. c. Parks,Recreation and Arts Committee d. Utilities, Transportation and Public Shfety Commi[tee. -. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS a. Third Reading of Ordinance D-1775-05; An Ordinance of the Common Council ol~the City of Carmel, Indiana Adding Chapter 8, Article 5, Section 8-47(a)(28) to carmel City , Code (No Parking on a Portion of 4th Street); Sponsor(s): Councilor(s) Kirby and Carter. (PUBLIC SAFETY 9/12/05). Second Reading of Ordinance D-1777-05; An Ordinance of the Common Council o~'the City of Carmel, Indiana Providing for an Additional Appropriation of Funds From Operating Balance of the Motor Vehicle Highway Fund ($540,000); Sponsor(s): Councilor(s) Glaser and Kirby. (FINANCE COMMITTEE 9/19/05). C. Third Reading of Ordinance Z-480-05; An Ordinance of the Common Council of the City of Carmel, Indiana to Rezone Zoning Classification, Rezoning From R-1 Residential and R-3 Residential to B-5 Business Zoning Classification (Burford Properties LLC); Sponsor: Councilor Rattermann. (LAND USE 9/8/05). 11. pUBLIC HEARINGS Second Reading of Ordinance Z-481-05; An Ordinance of the Common Council of the City of Carmel, Indiana Amending the Setback Requirements of the West Home Place Commercial Corridor in the Carmel Zoning Ordinance (Chapter 23E Home Place District Overlay Zone); Sponsor: Councilor Rattermann. First Reading of Ordinance Z-482-05; An Ordinance of the Common Council of the City of Carmel, Indiana Establishing the Arden Planned Unit Development District (Arden Townhomes - Smokey Row Road): Sponsor: Coun. cilor Rattermanm l 2. NEW BUSINESS ResolUtion CC-09-19,05-01; A Resolution of the Common Council~of'the City of Carmel, Indiana, To Authorize a Transfer of Funds by the Department of Community Services ($90,000); Sponsor: Councilor Sharp. 13. OTHER BUSINESS ao First' Reading of Ordinance No. C-262; An Ordinance of the Common Council of the City of Carmel, lndiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the same within the Corporate Boundaries thereof and making the same a part of the City~ of Carmel (Annexation of Washington Township);' Sponsor: Councilor Rattermam~. FIRST INTRODUCED 6/21/04. This item cannot be placed under second reading until there is a Public Hearing. Tabled 8/1/05. ~2 14. 15. Second Reading of Ordinance Z-483-05 {FORMERLY D,1776-05); An Ordinance of the Common Council of the City of Cannel, Indiana, Repealing and Removing Chapter 7 ("ROSO III") From The Carmel Subdivision Control Ordinance; Sponsor: Councilor Sharp. SENT TO PLAN COMMISSION. ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT t COMMON COUNCIL MEETING MINUTES MONDAY, SEPTEMBER 19, 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. Monsignor John Dunkin, Our Lady of Mount Carmel Catholic Church, pronounced the Invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. Councilor Sharp made a motion to suspend the rules and take up agenda item 11. (b) Ordinance Z-482-05, out of the agenda order. Councilor Griffiths seconded. Council President Kirby called for the question. The motion to suspend the rules and take up agenda item 11. (b) Ordinance Z-482-05, out of order, was approved 7-0. Council President Kirby announced the First Reading of Ordinance Z-482-05; An Ordinance of the Common Council of the City of Carmel, Indiana Establishing the Arden Planned Unit Development District (Arden Townhomes - Smokey Row Road). Councilor Rattermann made a motion to table Ordinance Z-482-05 until the petitioner had the opportunity to submit to the school system an approval of a proposed Cool Creek N. path. Councilor Sharp seconded. Council President Kirby called for the question. The motion to table Ordinance Z-482-05 until the petitioner meets with the school system was approved 7-0. APPROVAL oF MINUTES: Councilor Mayo made a motion to approve the Minutes of the August 26, 2005 Executive Session Meeting. Councilor Sharp 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 September 6, 2005 Regular Meeting. Councilor Griffiths seconded. Council President Kirby called for the question. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Carter discussed the Carmel Clay Veteran's Memorial Association campaign. Councilor Sharp discussed an article in the Indihnapolis Star (9/19/05) regarding motorists and trail users at Monon cross streets. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $2,142,323.21. 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 met and discussed Ordinance D-1777-05. The ordinance was sent to the full Council with a 3-0 favorable recommendation. Councilor Sharp reported that the Land Use, Annexation and Ec6nomic Development Committee had met and discussed Ordinance Z-480-05. Ordinance Z-480-05 was sent to the full Council with a 3-0 favorable recommendation. Councilor Sharp referred to Mike Hollibaugh, Director, Department of Community Services, for a presentation of the Urban Design Initiative Project. Mr. Hollibaugh referred to Adam Thies, President, Eden Land & Design, Inc., to the Council for 9n in-depth presentation on the Urban Design Initiative Project. Councilor Sharp made a motion to forward the Urban Design Initiative Project to the Plan Commission. Councilor Glaser seconded. There was no Council discussion. Council President Kirby called for the question. The motion to forward the Urban Design Initiative Project to the Plan Commission was approved 7-0. Councilor Carter reported that the Parks, Recreation and A~ts Committee had met. An update and report on Central Park was made by Mark Westermeier, Parks Director, and Parks Board member Sue Dillon. Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee had met and discussed Ordinance D-1775-05. Ordinance D-1775-05 was sent to the full Council with a favorable recommendation. John Dully, Director, Utilities, addr6ssed the committee regarding ongoing water line purchases. OLD BUSINESS Council President Kirby announced the Third Reading of Ordinance D-1775-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8-47(a)(28) to Carmel City Code (No Parking on a Portion of 4th Street). There was no Council discussion. Council President Kirby called for the question. Ordinance D-1775-05 was adopted 7-0. Council President Kirby announced the Second Reading of Ordinance D-1777-05; An Ordinance of the Common Council of the City of Carmel, Indiana Providing for an Additional Appropriation of Funds From Operating Balance of the Motor Vehicle Highway Fund ($540,000). Councilor Glaser made a motion to amend this ordinance. On line 9 change ~540,000 to $305,000; line 12 change Five Hundred Forty to Three Hundred Five; delete lines 21, 22, 23 and 24; and line 27 delete And. Councilor Griffiths seconded. There was no Council discussion. Council President Kirby called for the question. The motion to amend Ordinance D-1777-05 was approved 7-0. There was no Council discussion. Council }~resident Kirby called for the question. Ordinance D-1777-05, As Amended, was adopted 7-0, Council President Kirby announced the Third Reading of Ordinance Z-480-05; An Ordinance of the Common Council ol~the City of Carmel, Indiana to Rezone Zoning Classification, Rezoning From R-I Residential and R-3 Residential to B-5 Business Zoning Classification (Burford Properties LLC). Councilor Sharp made a motion to add under Section 4. Commitments, number 3. The Developerfitrther states that each building constructed upon the Real Estate shall also include a bicycle rack. Councilor Glaser seconded. There was no Council discussion. Council President Kirby called for the question. The motion to add under Section 4. Commitments, number 3. The Developer... ..... was approved 7-0. There was no Council discussion. Council President Kirby called for the question. Ordinance Z-480-05 was adopted 7-0. PUBLIC HEARINGS Council President Kirby announced the Second Reading of Ordinance Z-481-05; An Ordinance of the Common Council of the City of Carmel, Indiana Amending the Setback Requirements of the West Home Place Commercial Corridor in the Carmel Zoning Ordinance (Chapter 23E Home Place District Overlay Zone). Council President Kirby opened the Public Hearing at 6:26 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public Hearing at 6:26:30 p.m. There was no Council discussion. Council President Kirby called for the question. Ordinance Z-481-05 was adopted 7-0. Councilor Sharp informed Council that Ordinance Z-482-05 was tabled indefinitely. There is a 90-day time frame that needs to be followed when an item is forwarded to the Council from the Plan Commission. Therefore, Councilor Sharp suggested the Council amend the Tabling of Ordinance Z-482-05 to a time certain. Councilor Rattermann made a motion to table this item until October 17, 2005. Councilor Mayo seconded. There was no Council discussion. Council President Kirby called for the question. The motion to table this item was approved 7-0. NEW BUSINESS Council President Kirby announ6ed Resolution CC-09-19-05-01; A Resolution of the Common Council of the City of Carmel, Indiana, To Authorize a Transfer of Funds by the Department of Community Services ($90,000). Councilor Sharp moved to introduce this item into business. Councilor Glaser seconded. Councilor Sharp presented this item to Council. There was no Council discussion. Council President Kirby called for the question. Resolution CC-09-19-05-01 was adopted 7-0. Councilor Sharp made a motion to Add-On to the agenda, Ordinance No. C-263-A; An Ordinance Amending Ordinance No. C-263, An Ordinance of the Conunon Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel: Sponsor(s): Councilor(s) Kirby, Mayo and Sharp. Councilor Mayo seconded. Council President Kirby called for the question. The motion to Add-On to the agenda Ordinance C-263-A was approved %0. Councilor Sharp moved to introduce this item into business. Councilor Carter seconded. Councilor Sharp presented this item to Council and referred to Nick Kile, Attorney, Barnes & Thomburg, 11 South Meridian Street, Indianapolis, Indiana, 46204, for clarification. Mr. Kile suggested to Council to not take final action on this item tonight, but to suspend the roles and not send to committee. Mr. Kile suggested to Council to take final action on the ordinance at their next meeting. Mayor Brainard suggested that this ordinance be placed on the October 17, 2005 Council agenda. Mr. Kile stated he preferred to get the ordinance adopted sooner. Mr. Kile stated he would publish the adoption of this ordinance and suggested the final hearing before Judge Hughes will be in January. Mr. Kile would like that to be more than 90 days after the publication. Mr. Kile would like to have a Council meeting the first week of October to take final action. Councilor Sharp mentioned that the Clerk-Treasurer had pointed out that the "A' should be dropped from the end of the Ordinance number. Ordinance C-263 will be amended if this ordinance gets adopted. Clerk-Treasurer, Diana Cordray, ~uggested to Council that "AS AMENDED" should be placed under the ordinance number according to code. Council President Kirby stated that Ordinance C-263 had already been adopted and if Council amends the document, Council will be amending an adopted ordinance. Councilor Rattermann made a motion to suspend the rules and not send this item to committee and send to the next Council meeting. Councilor Sharp seconded. There was no Council discussion. Council President Kirby called for the question. The motion to suspend the rules and not send this item to committee and send to the next Council meeting was approved 6-1 (Council President Kirby opposed). OTHER BUSINESS First Reading of Ordinance No. C-262~ An Ordinance of the Common Council of the City of Carmel, 1-ndiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the same within the Corporate Boundaries thereof and making the same a part of the City of Carmel (Annexation of Washington Township); Sponsor: Councilor Rattermann. FIRST INTRODUCED 6/21/04. This item cannot be placed under second reading until there is a Public Hearing. Tabled 8/1/05. This item was not discussed and will remain on the table. Second Reading of Ordinance Z-483-05 (FORMERLY D-1776-05); An Ordinance of the Common Council of the City of Carmel, Indiana, Repealing and Removing Chapter 7 ("ROSO III") From The Carmel Subdivision Control Ordinance; Sponsor: Councilor Sharp. SENT TO PLAN COMMISSION. This item was not discussed. ANNOUNCEMENTS Mayor Brainard discussed Hurricane Katrina. 4 EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting following execution of documents at 6:40 p.m. ADJOURNMENT Respectfully submitted, ATTEST: Cl~Di~a L.~y, IAMC Approved, ~ /~yo~r~James ~3rainard ' Clerk-Treasurer Diana L. Cordray~MC 5