HomeMy WebLinkAboutCCM-09-06-05Office of the
Clerk-Treasurer
of Carmel
COMMON COUNCIL MEETING
AGENDA
TUESDAY, SEPTEMBER 6, 2005 - 6:00 P.M.
COUNCIL CHAMBERS/CiTY HALL/ONE CIVIC SQUARE
MEETING CALLED TO ORDER
1. INVOCATION
2. PLEDGE OF ALLEGI.ANCE
3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
4. APPROVAL OF MINUTES
a. August 15, 2005 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
13. Land Use, Annexation and Economic Development Committee
¢. Parks, Recrealion and Arts Committee
d. Utilities, Transportation and Public Safety Committee
ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/57D2414
10. OLD BUSINESS
Second Reading of Ordinance D-1768-05; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the Appropriations and Tax Rates for the 2006
Budget ($64,488,019); Sponsor: Councilor Kirby. FINANCE 8/29/05
b~
Second Reading of Ordinance D-1772-05; An Ordinance of the Common Council of the
City of Carmel, lndiana, Fixing Salaries of Appointed Officers and Employees of the
Carmel City Court for the Year 2006; Sponsor: Councilor Glaset'. FINANCE 8/29/05
Second Reading .of Ordinance D-1773-05; An Ordinance of the Common Council &the
.City &Cannel, lndiana, Fixing Salaries &Appointed officers and employees of the City
of Carmel, Indiana for the Year 2006; Sponsor(s): Councilor(s) Kirby and Glaser.
F:[NANCE 8/29/05
Second Reading of Ordinance D-1774-05; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing the Salaries &the Appointed Officers and Employees of
the Clerk-Treasurer~ City of Carmel, Indiana for the Year 2006; Sponsor: Councilor
Kirby. FiNANCE 8/29/05
11.. PUBLIC HEARINGS
First 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 Vehlcle Highway Fund ($540,000); Sponsor(~):
Councilor(s) Glaser and Kirby.
Resolution CC-09-06-05-01; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving a Seven-Year i7) Personal Property Tax Abatement for
Dealer Services Corporation Located at 11555 North Meridian Street; Sponsor(s):'
Councilor(s) Carter and Sharp.
Resolution CC-09-06-05-0.2.; A Resolution of the Common Council of the Ci.ty of
carmel, Indiana, Regarding Transfer of Real Property to Third Party (302 Pintail Court,
Maodlin Property); Sponsor: Councilor Sharp.
12. NEW BUSINESS
First Reading of Ordinance D-1776-02; An Ordinance of the Common Council of the
City of Carmel, Indiana, Proposing to Repeal the Residential Open Space Ordinance
Codified at Section 10-65 of the Carmel City Code; Sponsor: Councilor Sharp.
First Reading, ,of Ordinance Z-481-05; An O~'dinance 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: CouncilorRattermann. (PUBLIC HEAR1NGg/19/05)
Resolution CC-09-06-05-03; A Resolution of the Common Council of the City of
Came!, Indiana, To Set the 2006 General Fund Tax Levy and Rate; Sponsor(s):
Councilm:(s) Carter and Sharp.
Resolution CC-09-06-05-04; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving a Transfer of Funds in the 2005 Police Budget ($75,000);
Sponsor: Counc}lor Mayo.
Resolution CC-09-06-05-05; A Resolution o£the Common Council of the City of
Carmel, Indiana, That Determines No TIF Tax Shall Be Levied Pursuant to Indiana Code
6-1.1,21.2,J 2 Payable in Calendar Year 2006.
13. OTHER BUSINESS
First Reading of Ordinance No. C-262i An Ordinance of the Common Council of the
City of Cannel, Indiana, Annexing Certain Territory to the City of Carme!, 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. FFRST INTRODUCED 6/21/04. This item cannot be placed under second
reading until there is a Public Hearing. Tabled 8/I/05.
Second 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); Sponsor(s): Councilor(s) Kirby and Carter.
(PUBLIC SAFETY 9/12/05)
Second Reading of Ordinance Z,-480-05; An Ordinance oft. he Common Council of 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);
Sponsor: Councilor Rattermann. (LAND USE 9/8/05)
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
COMMON COUNCIL MEETING
MINUTES
MONDAY, SEPTEMBER 6, 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 Gtaser, Ron Carter, Mark Rattemmnn, Deputy-Clerk Treasurer Cindy Sheeks and Deputy
Clerk-Treasurer Lois Fine.
Clerk-Treasurer Diana Cordray was absent.
Councilor Brian Mayo Pronounced the Invocation.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were ilone.
APPROVAL OF MINUTES:
Councilor Mayo made a motion to approve the Minutes of the August 15, 2005 Regular Meeting.
Councilor Griffiths seconded. Council President Kirby called for the question. The Minutes were
approved 7-0.
RECOGNITION OF PERSONS WHO WIS}I TO ADDRESS TIlE COUNCIL:
There were none.
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
There were nooe.
ACTION ON MAYORAL VETOES:
There were none.
CLMMS:
Councilor Mayo made a motion to approve the claims in the amount orS1,760,877.40. Councilor
Griffiths seconded. Councit President Kirby called for the questions. Claims were approved 7-0.
COMMITTEE REPORTS:
Councilor Glaser reported that the Finance, Administration and Rules Committee had met and discussed
Ordinance D-1765-05, Ordinance D-1772-05 and Ordinance D-1773-05 and Ordinance D-1774-05. All
four ordinances were sent to the full Council with a favorable recommendation..
Councilor Sharp reported fl~at the Land Use, Annexation and Economic Development Commitiee had not
met. The next meeting will be Thursday, September 8, 2005 at 5:30 p.m.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met.
Councilor Mayo reported that tbe Utilities, Transportation and Public Safety Committee had not met. The
next meeting will be Monday, September 12, 2005 at 5:00 p.m.
OLD BUSINESS
CoLmcil President Kirby announced the Second Reading of Ordinance D-1768-05; An Ordinance of the
Common Council 6fthe City of Carmel, Indiana, Establishing the Appropriations and Tax Rates for the
2006 Budget (S64,488,019). There was no Council discnssion. Council President Kirby called for the
question. Ordinance D-1768-05 was adopted 7-0.
Council President Kirby announced the Second Reading of Ordinance D-1772-05; An Ordinance of the
Common Council of the City or'Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of
the Cannel City Court for the Year 2006. There was no Council Discussion. Council President Kirby
called for the question. Ordinance D-1772-05 was adopted 7-0.
Council President Kirby annoanced the Second Reading of Ordinance D-1773-05; An Ordinance of the
Common Council of the City of Cam~el, indiana, Fixing Salaries of Appointed officers and employees of
the City of Cam~el, Indiana for the Year 2006. Tbere was no Council discussion. Council President
Kirby called for the question. Ordinance D-1773-05 was adopted 7-0.
Council President Kirby announced lhe Second Reading of Ordinance D-1774-05; An Ordinance of the
Common Council of the City of Carmel, Indiana, Fixing the Salaries of the Appointed Officers and
Employees of the Clerk-Treasurer, City of Carmel, Indiana i%r the Year 2006. There was no Council
discussion. Council President Kirby called for the question. Ordinance D-1774-05 was adopted 7-0.
PUBLIC HEARINGS
Council President Kirby announced the First Reading of Ordinance D-1777-05; An Ordinance o~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 Mayo moved to
inlroduce this item into business. Councilor Glaser seconded. Council President Kirby presented this
item to Council. Council President Kirby opened the Public Hearing at 6:07 p.m. Seeing no one who
wished to speak, Council President Kirby closed the Public Hearing at 6:07:30 p.m. There was no
Council discussion. Council President Kirby referred Ordinance D-1777-05 to the Finance,
Administration and Rules Committee for further review and consideration.
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Council President Kirby announced Resolution CC-09-06-05-01; A Resolution of the Common Council
.of the City of Carmel, Indiana, Approving a Seven-Year (7) Personal Property Tax Abatement for
Dealer Services Corporation Located at 11555 North Meridian Street. Councilor Mayo moved to
introduce this item into business. Councilor Gri£fiths seconded. Councilor Sharp presented this item to
Council. There was no Council discussion. Council President Kirby called for the question.
Resolution CC-09-06-05-01 was adopted 7-0. Councilor Glaser informed Council President Kirby that
this item was a public h'earing. Council President Kirby opened the Public Hearing at 6:10 p.m. Seeing
no one who wished to speak, Council President Kirby closed the Public Hearing at 6:10:30 p.m. There
was no Council discussion. Council President Kirby called ['or the question.
Resolution CC-09-06-05-01 was adopted 7-0.
Council President Kirby announced Resolution.,.C.C-09-06-05-02; A Resolution of th'e Common Council
of'the City of Carmel, Indiana, Regarding Transfer of Real Property to Third Party (302 PintaiI Court,
Maudlin Property). Councilor Mayo moved to introduce this item into business. Councilor Sharp
seconded. Councilor Sharp presented this item to Council. Council President Kirby opened the Public
Hearing at 6:12 p.m. Seeing no one who wished to speak, Council President Kirby closed the Public
Hearing at 6:t3 p.m. There was no Cotincil discussion. Council President Kirby called for tile question.
Resolution CC-09-06-05-02 was. adopted 7-0.
NEW BUSINESS
Council President Kirby announced the First Reading of Ordinance D-1776-05; An Ordinance of the
Common Council &the City of Carmel, Indiana, Proposing to Repeal the Residential Open Space
Ordinance Codified at Section 10-65 of the Carmel City Code. Councilor Carter moved to introduce this
item into business. Councilor Sharp seconded. Councilor Sharp presented this item to Council and made
a motion to renumber this ordinance to Z-483-05 and various scriveners' errors in the ordinance needed to
be corrected. Councilor Sharp asked that Council substitute the document that is styled at the bottom
Rose III dec 9/6/2005 2:02 p.m. Couucilor Griffiths seconded. There was brief Council discussion. The
motion to replace Ordinance D-1776-05 with Ordinance Z-483-05 was approved 7-0. There was brief
Council discussion. Councilor Carter made a motion to suspend the rules and not send this item to
committee but to send this item to the Plan Commission. Councilor Sharp seconded. Council President
Kirby called for the question. The motion to ~uspend the rules and not send this item to committee but to
send this item to the Plan Commission was approved 7-0. Council President Kirby referred Ordinance Z-
483-05 to the Plan Commission. Councilor Rattermann requested detailed clarification of how this
ordinance affects other ordinances from the Department of Community Services.
Council Pr&sident Kirby announced the First Reading of Ordinance Z-481-05; An Ordinance of the
Common Council of the City et' 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). CouncilorSharp moved to introduce this item re Council. Councilor Mayo seconded. Councilor
Rattermann referred to Adrienne Keeling, Department of Community Services, .Cor presentation. There
was brief Council discussion. Councilor Sharp made a motion to suspend the niles and not send this item
to committee. Councilor Griffiths seconded. There was no Council discussion. Council President Kirby
called for the question. The motion to suspend the niles and not send this item to committee was
approved 7-0.
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Council President Kirby announced Resolution CC-09-06-05-03; A Resoh~tion of the Common Council
of the City of'Carmel, lndiana, To Set the 2006 General Fund Tax Levy and Rate. Councilor Mayo
moved to introduce this item into business. Councilor Rattermann seconded. There was brief Council
discussion. Councilor Glas/:r and Rattermanu referred to Mayor Brainard for clarification· Council
President Kirby called for the question. Resolution CC-09,06-05-03 was adopted 7-0.
Council President Kirby announced Resolution CC-09-06-05-04; A Resolution 0fthe Common Council
of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2005 PoliceBudget ($75,000).
Councilor Rattermann moved to introduce this item into business. Councilor Mayo seconded. Councilor
Mayo presented this item to Council and referred to Chief Mike Fogarty, Carmel Police Department, for
clarification..There ,,vas brief Council discussion. Council President Kirby called for the question.
Resolution CC-09-06-05-04 was adopted 7-0.
Council President Kirby announced Res01.ntion CC-09-06-05-05; A Resolution o£the Common Council
of the City of Cannel, Indiana, That Determines No T~F Tax Shall Be Levied Pursuant to Indiana Code
6-1.1-21.2-12 Payable in Calendar Year 2006. Councilor Sharp moved to introduce this item into
business. Councilor Griffiths seconded. Councilor Rattermann presented this item to Council. There
was brief Council discussion. Council President Kirby called for the quest[on.
Resolution CC-09-06-05-05 was adopted 7-0.
Councilbr Sharp made a motion to Add-On Settlement Agreement Concerning Carmel City
Ordinance No. C-263 to the agenda· Councilor Mayo seconded. Council President Kirby called for the
question. The motion to Add-On Settlement Agreement Conceming Carmel City Ordinance No. C-263 to
the agenda was approved 7-0.
OTHER BUSINESS
First Reading of Ordinance No. C-262~ An Ordinance of the Common Council of the City of Carmel,
Indiana, Annexing Certain Ten:itory to the City of Carmel, Indiana, Placing the same within the Corporate
Boundaries thereof' and making the same a part of the City of Cam, el (Annexation of'Washington
Township); Sponsor: Councilor Rattennann. 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 D-1775-051 An Ordinance of the Common Council of the City o1'
Carmel, Indiana, Adding Chapter 8, Article 5, Section 8-47(a)(28) to Carmel City Code (No Parking on a
Portion of 4~h Street); Sponsor(s): Councilor(s) Kirby and Carter. (PUBLIC SAFETY 9/12/05).
Second Reading of Ordinance Z-480-05; An Ordinance of the Common Council of'the City &Carmel,
Indiana to Rezone Zoning Classification, Rezoning From R-t Residential and R-3 Residential to B-5
Business Zoning Classification (Burford Properties LLC); Sponsor: Councilor Rattermann. (LAND USE
9/8/O5)
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ADD,O~
Settlement Agreement Concerning Carmel City Ordinance No. C-263; Sponsor(s): Councilor(s)
Sharp, Mayo and Kirby. Council President Kirby referred to Nick Kilo. Attorney, Barnes & Thomburg,
11 Sooth Meridian Street, for clarification of this Settlement Agreement. Councilor Sharp presented this
item to Council. There ,,vas brief Council discussion. Councilor Rattermann asked Mr. Kilo to clarify this
Agreement. Mr. Kilo responded that this is an agreement with NOAX. Upon adoption of this Agreement,
an amendment of Ordinance C-263 would be brought back to the next Council meeting that would
implement these terms. Following execution of the Settlement Agreement document, the NOAX officers
would take ~:he docnment to their constituents, issue ballots and find out if there is support for this
Agreement. Ultimate approval will be left up to the court.' A remonstrance hearing will still be conducted
in the trial courL The temps of the settlement are subject to the Judge in the remonstrance action issuing
an order affirming the annexation pursuant to the terms of the amendment. Council President Kirby
called, for the question. Settlement Agreement Concerning Carmel City Ordinance No. C-263 was
approved 7-0.
ANNOUNCEMENTS
Mayor Brainard informed Council that Monday, October 3, is the start of Rosh Hashanah, and there is a
trip planned through the Redevelopment Commission to look at a facility in Nashville, Tennessee. It may
be appropriate to change the Council meeting to Tuesday, October 4, 2005. Council President Kirby
cancelled the Council meeting on Monday, October 3, 2005 and asked the Clerk-Treasurer to watch the
workload for the October 3~ agenda. If needed, a Special Meeting Notice will be posted.
EXECUTION OF DOCUMENTS
IVlayor Brainard adjourned the meeting following execution ofdocumetits at 6:53 p.m.
ADJOURNMENT
ATTEST:
Clerk-Treasurer Diana C y,
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