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Home My WebLink AboutCCM-11-21-05Office of the Clerk-Treasurer of 'Carmel COMMON COUNCIL MEETING AGENDA MONDAY, NOVEMBER 21, 2005 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. November 7, 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 b. Land Use, Annexation and Economic Development Committee c. Parks, Rec~:eation and Arts Committee d. Utilities, Transporttition and Public Safety Committee ONE CIVIC SQUARE CARMEI., INDIANA 46032 317[571-2414 1 l 0. OLD BUSINESS Second Reading of Ordinance D-1778-05; An Ordinance of the Common Council of the City of CarmeI, Indiana, Establishing No Smoking Areas by Adopting and Adding Chapter 6, Article 5, Division VII, Section 6-161 to the Car/riel City Code (Non- Smgking); Sponsor: Councilor Glaser. Second Reading of Ordinance D-1784-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the year 2006; Sponsor(s): Councilor(s) Glaser and Griffiths. Third 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: Councilor Rattermann. Second Reading of Ordinance Z~484-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the 116th Street Centre Planned Unit Development District; Sponsor: Councilor Sharp. 11. PUBLIC HEARINGS 12. NEW'BUSINESS First Reading of Ordinance D-1787-05: An Ordinance of the Common Council of the City of Carmel, Indiana Providing for an Additional Appropriation of Funds from Operating Balance of the Cumulative Capital Development Fund ($1,250,000); Sponsor: Councilor Glaser. Resolution CC-11-21-05-01; 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 Road Improvement Projects (22 Parcels); Sponsor: Councilor Glaser. Resolution CC-11-21-05-02; A Resolution of the Common Council o£the City of Carmel, Indiana, approving a Transfer of Funds in the 2005 Department of Law Budget ($10,000); Sponsor: Councilor Kirby. 2 13. OTHER BUSINESS First Reading of Ordinance D-1782-05; An Ordinance of the Common Council of the City of Carmel, Indiana To Vacate A Segment of Right-Of-Way for River Road: Sponsor: Cotmcilor Glaser. SENT TO PUBLIC SAFETY First Reading of Ordinance No. C-262~ An Ordinance of the Common 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 (Annexation of Washington Township); Sponsor: Councilor Rattermann. INTRODUCED 6/21/04. TABLED 8/1/05. 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. 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 1:2 I/[)5 CC Agenda COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 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.' Pastor Matthew Ball, Faith Apostolic Church, pronounced the Invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented the Range Line Pioneer axvard to retired Major John Etter (Carmel Police Department). APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes oftbe November 7, 2005 Regular Meeting. 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: Richard Dick, 925 Tillson, Zionsville, IN, Timber Ridge Homeowner's Association, spoke on the Wal-Mart Project on U.S. 421. The following individuals spoke in favor of Ordinance D- 1778-05: Robert Lubitz (American College of Physicians, St. Vincent Hospital) Debbie Salefski (American Cancer Society) Anita Gaillard (Hunter's Creek South) Peter Simpson B. C. Calabrese (Old Town Tavern) Terry Zollinger Emily Walesky Susan Kinsella (American Cancer Society) Bruce Hetrick Wendy Cohen (Tobacco Free Boone County) Oscar Arias (Indiana Latino Institute) Carlos Aguilera (Indiana Latino Institute) Missy Lewis (IN Academy of Family Physicians), ATTACHMENT I 1019 Rosemont, Carmel, IN 5250 Ivy Hill Dr., Carmel, IN 13775 Offutt Drive, Carmel, IN 91 Harmony Road, Carmel, IN 792 Winter Court, Carmel, IN 12122 Pebblepointe Pass, Carmel, IN 11466 McKenzie Parkway, Carmel, IN 264 Sioux Circle, Noblesville, IN 631 N. Senate Avenue, Indianapolis, iN 3162 Huddersfield Lane, Zionsville, 1N 3043 Bush Parkway, Carmel, IN 476 Arbor Drive, Cam~eI, IN 9318 Eden Woods Court, Indianapolis, IN The following individuals spoke in opposition to Ordinance D-1778-05: Chris Meyer (Owner of Nippers) Bill Adkins (Owner of Mickey's Irish Pub) L3qm Resinger 6730 Spirit Lake Drive, Carmel, IN 12752 Apsley Lane, Cannel, IN I 1596 Winding Wood Drive, Indianapolis, IN The following individual was neither in favor of or opposed to Ordinance D-1778-05: Kevin Rider (Woody's Library Restaurant) 1473 Second Way, Cannel, 1N COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor's Sharp and Carter discussed the Wal-Mart issue in Zionsville and referred to Mayor Brainard for clarification on the 421 overlay. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $4,337,268.08. 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. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met and discussed Ordinance Z-482-05 and Ordinance Z-484-05. Councilor Sharp will give the committee report later on the agenda. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance D-1778-05 and was referred to the fidl Council with a 4-0 favorable recommendation. OLD BUSINESS Council President Kirby announced the Second Reading of Ordinance D-1778-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing No Smoking Areas by Adopting and Adding Chapter 6, Article 5, Division VII, Section 6-161 to the Cannel City Code. Councilor Glaser made a motion to accept Ordinance D-1778-05, As Amended, VERSION A 11/21/05. Councilor Rattermmm seconded. Council President Kirby called for the question. The motion failed 3-4 (Councilors Glaser, Carter and Rattennann voted AYE), (Councilors Sharp, Mayo, Griffiths and Kirby voted NAY). Councilor Glaser made a motion to amend line 249 - strike An3, bowling alley. Councilor 2 Mayo seconded. Councilor Mayo made a motion to amend Councilor Glaser's amendment. Line 255 - change eighteen (18) to twenO~-one (21), line 257 - change nineteen (19) to twenty-one (21); line 294 - strike all of (vi); line 310 - should read (2) Fire Marshall and his designee,; line 312 - (3) delete entire line; line 332 - change Ten Dollars to Fifty Dollars; line 333 - change ($10.00) to ($50.00); line 334 - change Fifty Dollars to Seventy Five Dollars; line 335 - change ($50.00) to ($75.00). There was brief Council discussion. Councilor Glaser seconded. There was brief Council discussion. Council President Kirby called for the question. Tim motion to amend the amendment was approved 5-2 (Councilors Mayo, Kirby, Glaser, Carter and Ratterrnann voted AYE), (Councilors Sharp and Griffiths voted NAY). Council President Kirby called for the question. The motion to amend Ordinance D-1778-05 was approved 6-1 (Councilor Griffiths opposed). Councilor Sharp made a motion to table Ordinance D-1778-05 and return it to the committee to correct the errors. Councilor Griffiths seconded. Council President Kirby called for the question. The motion failed 3-4 (Councilors Sharp, Mayo and Griffiths voted AYE), (Councilors Kirby, Glaser, Caner and Rattermann voted NAY). There was brief Council discussion. Council President Kirby called for the question. Ordinance D-1778-05, As Amended was adopted 4-3 (Councilors Mayo, Glaser, Carter and Rattermann voted AYEi, (Councilors Sharp, Gfiffiths and Kirby voted NAY). Council President Kirby announced the Second Reading of Ordinance D-1784-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the year 2006. There was no Council discussion. Ordinance D-1784-05 was adopted 7-0. Council President Kirby called for a recess at 7:37. Council reconvened at 7:45. Council President Kirby announced the Third Reading of Ordinance Z-482-05; An Ordinance of the Common Coun. cil of the City of Carmel, Indiana Establishing the Arden Planned Unit Development District (Arden Townhomes - Smokey Row Road). Councilor Sharp informed Council that this ordinance was referred to the full Council with a 4-0 favorable recommendation xvith amendments. There was brief Council discussion. Councilor Sharp made a motion to add to Section 8.6: 3. As necessary for public health and safety, as determined with the cooperation of City of Carmel's Urban Forrester VERSIONA I1/21/05. Councilor Griffiths seconded. There was brief Council discussion. Councilor Glaser made a motion to amend Councilor Sharp's amendment to accept a drawing ora reconfiguration of Smokey Row Road. Councilor Sharp seconded. Council referred to City Attorney, Doug Haney, for clarification of amending a PUD Zoning ordinance. Councilor Sharp withdrew his motion and substituted a motion. Councilor Glaser seconded. Councilor Sbarp made a motion to include the drawing marked as A-I - 11/21/05 in the petitioner's commitments. Councilor Glaser seconded. Council President Kirby called for the question. The motion was approved 7-0. Councilor Caner made a motion to add Section 8.6 - 3. into the petitioner's commitments. Councilor Glaser seconded. There was brief Council discussion. Councilor Sharp made a motion to set agenda items 10. (c) and (d) aside to allow for clarification from the City Attorney. The City Attorney addressed the Council regarding sending a PUD Zoning ordinance back to the Plan Commission. There was brief Council discussion. The City Attorney addressed Council and referred to Indiana Code 36-7-4-15-12 for clarification on sending a PUD Zoning ordinance back to the Plan Commission. There was brief Council discussion. Councilor Sharp made a motion that drawing A-1 - 11/21/05 will now become a part of the Ordinance and to accept the language contained in VERSION A 11/21/05 Section 8.6 (3). Councilor Griffiths seconded. Council President Kirby called for the question. The motion was approved 7-0. Council President Kirby called for the question. Ordinance Z-482-05, As Amended was adopted 7-0. Council President Kirby announced the Second Reading[ of Ordinance Z-484-05; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the 116th Street Centre Planned Unit Development District. Councilor Griffiths is under contract with the petitioner of this project and recused himself. Councilor Griffiths left the Chamber. Councilor Sharp infom~ed Council that this ordinance was referred to the full Council with a 3-0 favorable recommendation (Councilor Griffiths recused himself). There was brief Council discussion. Councilor Glaser referred to Jonathan Mullens, Engineer, Melton-Packard & Associates, 8444 Castlewood Drive, Indianapolis, IN., for clarification. Councilor Sharp made a motion to amend page 2 - lines 7, delete s. except for any free standing Restaurant; line 9, add The final development; line 10, add of the outlots as depicted on the Conceptual Site Plan attached hereto as Exhibit; and line 11, add "I" shall be subject to the ADLS process; page 3 - line 27, delete wood. add stone, add masonry after attractive; page 4 - line 12 add EFIS, delete natural, add masonry; page 5 - line 29, delete or, add and; line 31, delete other than Accessory Buildings, add, stone; line 32, add EFIS or other masonry materials; line 38, delete wood, add other masonry materials; line 39, add All doors must have; line 40 add automatic closure mechanisms such as spring loaded hinges.; page 7 - line 22, delete ALDS, add ADLS. Council was also provided this evening a new drawing labeled VERSION A 11/16/05. Also under EXHIBIT B, under RETAIL & SERVICES, delete Roadside Sales Stand, under CULTURAL/ENTERTAINMENT delete Carnivals, Fairs, Circuses, Indoor Theaters and add after Restaurant, without drive-thru food sales withfidl service bar and live musical entertainment, delete Tavern/Night Club. Councilor Carter provided Councilor Sharp additional amendments to add to his an~endments. Under Section 2-10 add sub-section (E) Bicycle parking shall be provided in accordance with the requirements ofthe proposed revisions to Section 27.06 - Bicycle Parking, of the City of Carmel Zoning Ordinance. Under Section 3.7 add sub-section (A) Bicycle Parking. Bicycle parking shall be provided in accordance with the requirements of the proposed revisions to Section 27. 07 - Bicycle Parking, of the City of Carmel Zoning Ordina~ce. Councilor Mayo seconded. There was brief Council discussion. ZeffWeiss, Attorney, Ice Miller, One American Square, Indianapolis, IN addressed Council and referred to Jonathan Mullens for clarification. Council President Kirby called for the question. Councilor Carter referred to Karen Ryg, Transportation Systems Coordinator, Engineering Department, for clarification. There was brief Council discussion. Council President Kirby called for the question. The motion to amend as read was approved 6-0 (Councilor Griffiths was recused). There was brief Council discussion. Council President Kirby called for the question. Ordinance Z-484-05, As Amended was adopted 6-0 (Councilor Griffiths was recused). There was brief Council discussion. PUBLIC HEARINGS There were none. NEW BUSINESS Council President Kirby announced the First Reading of Ordinance D-1787-05: An Ordinance of the Common Council of the City of Carmel, Indiana Providing for an Additional Appropriation of Funds from Operating Balance of the Cumulative Capital Development Fund ($1,250,000). Councilor Sharp made a motion to introduce this item into business. Councilor Glaser sec6nded. Councilor Glaser presented this item to Council and referred to Mike McBride, Director, Engineering Department, for clarification. There was brief Council discussion. Council President Kirby recused himself due to the fact that there will be products used on the project that will come from his company. Council President Kirby passed the gavel to Councilor Griffiths and left the Chan~ber). Acting Council President Griffiths referred Ordinance D-1787-05 to the Finance, Administration and Rules Committee for further review and consideration. Council President Kirby reclaimed the gavel from Councilor Griffiths. 4 Councilor Mayo made a motion to pull off the table Ordinance Z-482-05 and Ordinance Z-484-05. Councilor Sharp seconded. Acting Council President Griffiths announced Resolution CC-11-21-05-01; 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 Road Improvement Projects (22 Parcels). Councilor Glaser made a motion to introduce this item into business. Councilor Mayo seconded. Councilor Glaser presented this item to Council. There was no Council discussion. Council President Kirby called for the question. Resolution CC-11-21-05-01 was adopted 7-0. Council President Kirby announced Resolution CC-11-21-05-02; A Resolution of the Common Council of the City of Carmel, Indiana, approving a Transfer of Funds in the 2005 Department of Law Budget ($10,000). Councilor Mayo made a motion to introduce this item into business. Councilor Griffiths seconded. Councilor Kirby presented this item to Council. There was no Council discussion. Council President Kirby called for the question. Resolution CC-11-21-05-02 was adopted 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 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. INTRODUCED 6/21/04. TABLED 8/1/05. Council President infom~ed Council this item was still in committee. First Reading of Ordinance D-1782-05; An Ordinance of the Common Council of the City of Carmel, Indiana To Vacate A Segment of Right-Of-Way for River Road: SponsOr: Councilor Glaser. SENT TO PUBLIC SAFETY. Council President Kirby informed Council this item was still in committee. 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. Council President Kirby infornqed Council this item was still in committee. ANNOUNCEMENTS Councilor Mayo announced that a Utilities, Transportation and Public Safety Committee will be held on Monday, December 12, 2005 at 5:00 p.m. to discuss Ordinance D-1782-05. Councilor Glaser informed Council that the next Finance, Administration and Rules Committee meeting will be on Monday, December 19, 2005. Ordinance D-1787-05 xvas sent to committee. Councilor Sharp made a motion to suspend the rules and not send Ordinance D-1787-05 to committee and tatum it to the full Council on December 5, 2005 for a Public Hearing. Councilor Glaser seconded. Council President Kirby reminded Council that he needed to be recused for this Ordinance. Councilor Sharp made a motion to suspend the rules and not send Ordinance D-1787-05 to committee and return it to the full Council on December 5, 2005 for a Public Hearing. Councilor Glaser seconded. Acting Council President Griffiths called for the question. The motion was approved 6-0 (Councilor Kirby was recused) EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting following execution of documents at 8:50 p.m. ADJOURNMENT Respectfully submitted, Clerk-Treasurer Diana L.I Cordr~y, IAMC Approved, ATTEST: Clerk-Treasurer Diana L. Co~r~-y,-l'~tMC Indiana Academy of Family Physicians 55 Momonent Circle, Suite 400, Indianapolis, IN 46204 Toll Free 888-422-4237 Phone 317-237-IAFP (4237) Fat' 317-237-4006 wwm in-afp, org November 21, 2005 Carmel City Council Carnrel City Hall One Civic Square Carmel, IN 46032 Dear Members of the Council, On behalf of the Indiana Academy of Family Physicians (IAFP) I urge you to support the ordinance that is before you regarding smoke free workplaces. Our membership has been closely monitoring smoke free policies around the state, and we are pleased to see that you and Mayor Brainard have brought attention to this very important issue. As doctors of family medicine we are witness to the statistics each and every day. We have cared for the non-smoking corporate executive who spent years presiding over a smoke-filled board room, only to develop lung cancer, and the college students who serve in the local taverns to earn money for college. We've cared for the young man who, having grown up around smokers, can't stay long at his favorite restaurant for fear of an asthma attack. These are real people, and we do everything that we can to heal thetn when they are sick. You have the opportunity to prevent them front getting sick in the first place. The evidence is well documented, and has been for years. For every eight smokers that die front tobacco use, one non-smoker is killed from exposure to secondhand smoke. Many, many more suffer from lung cancer, heart disease, stroke, asthma, and emphysema as a result of exposure to secondhand smoke. To us these are not nameless, faceless people. Among all workers, restaurant and bar workers have the highest rates, with incidence of lung cancer being as much as 4 times higher and heart disease 2-3 times higher than among other workers. And, based on recent research, the effects of secondhand smoke can be acute, serious and devastating. The Centers for Disease Control and Prevention recently issued a warning to individuals with heart disease to avoid enclosed places where smoking is permitted. Exposure of as little as 30 minutes can precipitate a heart attack. A smoke free ordinance will not only have a significant long-term impact on the health of Cartnel residents, but it will start saving lives today. With just one vote you have the opportunity to do for all of our patients what we have wanted to do for years. Please take action and support a comprehensive proposal protecting ALL workers in Carmel. Sincerely, Daniel A. Walters, MD President Indiana Academy of Family Physicians "58th IAFP Annual Meeting - Fort Wayne, Indiana - July 26-30, 2006" OFFICERS Chairman of the Board & Immediate Past President W. David Peppte, MD Fort W~o,ne President Daniel A. Walters, MD President. Elect Richnwnd 1st Vice President Larry D. Allen, MD 2nd Vice President ~enneth E. Elek, M~