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Home My WebLink AboutCCM-04-16-07 City of Carl11el Office of the Clerk. Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, APRIL 16,2007 - 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. APPROY AL OF MINUTES a. March 19,2007 Regular Meeting b. March 28, 2007 Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERV ATIONS 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, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS a. Third Readinl!: of Ordinance D-1846-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Code of Ethics for Carmel Officers and Employees, Amending Chapter 2, Article 5, Adding Section 2-184 of the Carmel City Code; Sponsor(s): Councilor(s) Glaser and Rattermann. b. Second Readinl!: of Ordinance D-1847-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Ordinance D-1823-06 (2007 Appointed Officers and Employees Salaries); Sponsor(s): Councilor(s) Griffiths and Mayo. 11. PUBLIC HEARINGS a. First Readinl!: of Ordinance Z-S03-07; An Ordinance ofthe Common Council of the City of Carmel, Indiana, Establishing the Cobblestone Commons Planned Unit Development District; Sponsor(s): Councilor(s) Mayo and Kirby. b. First Readinl!:of Ordinance Z-S04-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification, Rezoning of32.45 Acres of Real Estate, West of Towne Road (Fortune Property), From S-l/Residence to S-2 Residence Zoning Classification ("Trillium"); Sponsor: Councilor Sharp. c. Resolution CC-04-16-07-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten- Year Personal Property Tax Abatement for Oxford BioSignals, Located at 12900 North Meridian Street; Sponsor(s): Councilor(s) Carter and Sharp. 12. NEW BUSINESS a. First Readinl!: of Ordinance D-1849-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8-47(a)(33) to the Carmel City Code (No Parking Areas - Harrison Drive); Sponsor: Councilor Griffiths. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT (J4/16i07 CC MC~lillg Agenda 2 I I I COMMON COUNCIL MEETING MINUTES MONDAY, APRIL 16,2007 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: '. Mayor James Brainard, Council President Joseph C. Griffiths, Council Members Richard L. Sharp, Kevin Kirby, Brian D. Mayo, Ronald E. Carter, Mark Rattennann, Fredrick J. Glaser and Deputy Clerk- Treasurer Lois Fine. . Clerk- Treasurer Diana L. Cordray was not in attendance. Mayor Brainard opened the meeting at 6:00 p.m. Pastor Paul Backer, Central Christian Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented a proclamation making April "Donate Life Indiana Month" in the City of Carmel to Anna Trent from Donate Life Indiana. Mayor Brainard recognized the following Carmel residents who have been touched by the gift of a life saving transplant or have had a family member become a life saving donor: Jla and Jack Badger, Phil Compton, Jim & Reyna Dodds, Debbie Dufek, Doniece Heady, Anne Hendrickson, Tim Paramore, Jim and Anne Reed and Cecil Stonebraker. Teny Smith was unable to attend due to the New York City snowstorm. McKenzie Lieghtnam was unable to attend due to a previous commitment. Mayor Brainard presented Outstanding Service Awards to Marvin Stewart, Director of the Carmel Clay Communications Center, and his employees for their dedication and hard work during the recent snow storm. Mayor Brainard presented Outstanding Service Awards to the following individuals from the Faith Hope and Love Organization and the local Boy Scout troops who assisted seniors in Cannel who needed help with removal of snow on driveways and paths at their homes: Adam. Kevin and Steven Aldrich, Kealand and Paul Backer, Chip Banks. Kerry Brenneman, Nancy Buening, Merlin Gonzalez, David Gross, Paul Groves, Bill Holt, Pete Howard, Chad Johnson, Adam. David. Jack and Jacob Jones, Mickey Justice, Connor Knopp. Brian, Ed and Eric Laehle, Lynne McCauley, Susan, Willy and TJ Pyburn, Andrew Rohrer, Jacob Sadvar, Don Schafer, Joe Schultz, Carl Smith and Ken Steepe. 1 I I I Mayor Brainard presented Outstanding Service A wards to David Klingensmith, Director of the Carmel Street Department, and his employees for their dedication and hard work during the recent snow storm. APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes ofthe March 19, 2007 Regular Meeting. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 7-0. Councilor Mayo made a motion to approve the Minutes of the March 28, 2007 Special Meeting. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 6-0 (Councilor Mayo abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Hemy Winckler, 411 Jenny Lane, Carmel, IN. Mr. Winckler spoke in favor of Ordinance D-1846-07 (Code of Ethics). Jack Badger, 3039 Rolling Springs Drive, Carmel, IN Mr. Badger thanked the Special Studies Committee, the Department of Community Services and Councilor Glaser for his help resolving the problems with Kinder Care signage. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERV ATIONS: There were none. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $2,450,896.52. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Kirby reported that the Finance, Administration and Rules Committee met and discussed Ordinance D-1846-07 which will remain in committee. They also discussed Ordinance D-1847-07 which was sent to the full Council with a 3-0 favorable recommendation. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met. The next meeting scheduled for Thursday, May 10,2005 will be cancelled. A special meeting will be scheduled at a future date to be determined. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. 2 Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee had not met. I OLD BUSINESS Third Readin!! of Ordinance D-1846-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Code of Ethics for Carmel Officers and Employees, Amending Chapter 2, Article 5, Adding Section 2-184 of the Carmel City Code; Sponsor(s): Councilor(s) Glaser and Rattermann. This item remains in the Finance, Administration and Rules Committee (5/21/07). Council President Griffiths announced Second Readin!! of Ordinance D-1847-07; An Ordinance of the Common Council ofthe City of Carmel, Indiana, Amending Ordinance D-1823-06 (2007 Appointed Officers and Employees Salaries). Councilor Kirby made a motion to approve Ordinance D-1847-07. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance D-1847-07 was adopted 7-0. Councilor Sharp made a motion to reorder the agenda and to move Ordinance Z-504-07 to take priority over item 11 (a). There were no objections by the Council. PUBLIC HEARINGS I Council President Griffiths announced the First Reading of Ordinance Z-504-07; An Ordinance of the Common Council ofthe City of Carmel, Indiana, Change of Zoning Classification, Rezoning of32.45 Acres of Real Estate, West of Towne Road (Fortune Property), From S-I/Residence to S-2 Residence Zoning Classification ("Trillium"). Councilor Mayo made a motion to move this item into business. Councilor Sharp seconded. Councilor Sharp presented this item to Council and referred to Steve Hardin, Attorney, Baker & Daniels, 600 E. 96th Street, Suite 600, Indianapolis, IN., for a presentation to Council. Also present was Pete Adams with Adams and Marshall. There was brief Council discussion. Council President Griffiths opened the Public Hearing at 6:47 p.m. The following individuals spoke in favor of Ordinance Z-504-07: Andy Crook Marilyn Anderson Mary Ellen Bormett 2288 W. I 36th Street, Carmel, IN 46032 3884 Shelborne Court, Carmel, IN 46032 2430 Hopwood Drive, Carmel, IN 46032 The following individuals spoke in opposition to Ordinance Z-504-07: Dan Muehlenbein Carol Hartman 2995 W. 126th Street, Carmel, IN 46032 12881 Shelborne Road, Carmel, IN 46032 Council President Griffiths passed the gavel to Councilor Mayo and left the chamber. The following individuals addressed the Council regarding Ordinance Z-504-07: I Wayne Wilson Dr. Johnny Smith 24 Wilson Drive, Carmel, IN 46032 2885 W. 131 st Street, Carmel, IN 46032 Seeing no one else who wished to speak, Councilor Mayo closed the Public Hearing at 7:09 p.m. There was brief Council discussion. 3 I I I Council President Griffiths reclaimed the gavel from Councilor Mayo. Council President Griffiths referred Ordinance Z-504-07 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Councilor Sharp left the Council chamber. Council President Griffiths announced the First Readine: of Ordinance Z-503-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Cobblestone Commons Planned Unit Development District. Councilor Rattermann made a motion to move this item into business. Councilor Mayo seconded. Councilor Mayo referred to Jim Shinaver, Attorney, Nelson & Frankenberger, 3105 E. 98'h Street, Indianapolis, IN 46280, for a presentation to Council. Mr. Shinaver referred to Justin Moffitt, Uptown Partners, LLC for clarification. Also present was John Hefton, Uptown Partners, LLC and Tom Troeger, Highline Construction. There was brief Council discussion. Council President Griffiths opened the Public Hearing at 7:32 p.m. Councilor Rattermann left the Council chamber. The following individuals spoke in favor of Ordinance Z-503-07: Robert Miller Donald Fields Jeff Watkins Jackie Schmidt 235 3rd Avenue, N.E., Carmel, IN 46032 121 1st Avenue, N.W., Carmel, IN 46032 130 3rd Street, N.W., Carmel, IN 46032 145 Old Grayce Lane, Carmel, IN 46032 The following individuals spoke in opposition to Ordinance Z-503-07: Judith Bowman Tom Rumer Jim Lewis Henry Winckler Chad Lethig 134 Old Grayce Lane, Carmel, IN 46032 148 Winona Drive, Carmel, IN 46032 536 Ash Drive, Carmel, IN 46032 411 Jenny Lane, Carmel, IN 46032 Historic Landmark Foundation ofIndiana Seeing no one else who wished to speak, Council President Griffiths closed the Public Hearing at 7:51 p.m. There was no Council discussion. Council President Griffiths referred OrdinanceZ-503-07 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Griffiths announced Resolution CC-04-16-07-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten-Year Personal Property Tax Abatement for Oxford BioSignals, Located at 12900 North Meridian Street. Councilor Kirby made a motion to move this item into business. Councilor Mayo seconded. Councilor Carter presented this item to Council. There was no Council discussion. Council President Griffiths opened the Public Hearing at 7:55 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at 7:56 p.m. Councilor Kirby made a motion to approve Resolution CC-04-16-07-01. Councilor Mayo seconded. There was no Council discussion. Council President Griffiths called for the question. Resolution CC-04-16-07-01 was adopted 5-0. 4 I I I NEW BUSINESS Council President Griffiths announced the First Read!n!! ofOrd!nance D-1849-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8-47(a)(33) to the Carmel City Code (No Parking Areas - Harrison Drive). Councilor Carter made a motion to move this item into business. Councilor Mayo seconded. Council President Griffiths passed the gavel to Councilor Mayo to present this item to Council. There was brief Council discussion. Council President Griffiths made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Kirby seconded. There was no Council discussion. Councilor Mayo called for the question. The motion was approved 5-0. Councilor Griffiths made a motion to approve Ordinance 0-1849-07. Councilor Kirby seconded. There was no Council discussion. Councilor Mayo called for the question. Ordinance D-1849-07 was adopted 5-0. OTHER BUSINESS There was none. ANNOUNCEMENTS Council President Griffiths announced that the Council meeting scheduled for May 7,2007 will be cancelled. Council President Griffiths also announced that there will be a Special Council meeting noticed for Wednesday, May 2, 2007, to approve claims. EXECUTION OF DOCUMENTS ADJOURNMENT Councilor Mayo adjourned the meeting at 8:02 p.m. Respectfully submitted, Clerk-Treasurer Diana L. Cord Approved, /" ATTEST: {'14/l(1,'07CCl\lcctillg Minule:-; 5 Karen Vanderfleet - Muehlenbein Dan Muehlenbein 2995 West I 26th Street Carmel, IN 46032 April II; 2007 City Council Members Carmel City Council One Civic Square Carmel, IN 46032 RE: Ordinance Z-504-07: Fortune Property Rezone Dear Councilors Karen Vanderfleet"Muehlenbein is the Owner of the 38.65 Acre tract ofland on the south side of 126tb street, directly across the street from the south boundary of the referenced property, We have reviewed the document submitted to the City Council in support of the referenced Ordinance and find that it is significantly different from the document acted upon by the Carmel City Plan Commission. The most significant revisions are that the petitioner; Adams & Marshall, has revised the site plan and changed the zoning classification they are requesting as a last ditch effort to entice the City Council to approve a zoning change. This site plan and revised zoning request has not been reviewed or acted UDon bv the City of Carmel Plan Commission. We urge you to either deny this zoning request or send this request back to the Plan Commission for further review. The Carmel Plan Commission did not review the site details and architectural aspects of the proposed residences by sending the project to the Special Studies Committee. Because there was so much public objection to the density zoning requested by the petitioner, the Commission voted to send the project to the City Council with a recommendation of denial. Now the petitioner has made changes which might entice a vote of approval by the City Council; but such action bypasses the appropriate review of other site and architectural issues. We believe this project is a poor fit into the fabric of the community that surrounds it. This project is wedged between two portions of the Village of West Clay, a Neo- traditional Development, and in no way tries to relate to it architecturally and in many ways contradicts the people friendly principals of that development.. This project will consist of cookie cutter, single story ranch homes built on a slab foundation, giving them a low to ground profile 'emphasizing how small they are. The dominant feature on the , t" street side elevation \\'ill be the garage. Front porches when included, are overwhelmed by the garage element jJrojecting out so far in front of the porch. These proposed houses lack the architectural'detail and variety of design that gives the Village of West Clay its CDUNr!..-(L- r/ m t;:,t=;r1 N&- 7'//&/07 , A- -rrflCI-If)?t7V( / (, ) . <mi,,,,, 'h_~. Thl, Pro"""" Proj", do" ""'Mo, to ""'fy ~, two ""'" 'f~, VW", of W", CI.y ~"' U ". be,,,,,,," TJ,,,, Prop",,,,, Uoro" whl'h wW '''mg, I", tfum 2,000 SF, wW be I,,, """ "'If U,,,,,, of~, ov_ horo" I""",,,,, 10 '" "'iooo" "'mm""u,,, of ili, VII/"" o{W,,, CI,y, 1''''''11.",,, """ W"loy Ch~ App""",, ilil, Proj", '" P-red to 'b, City Co"",,, ~ /hi, dm, '""'01","", 'h, ""bJi""'" pl~tOl'g pm_ "'" w, b,lk" will hov,. ~""i" 'If", 00 O~ pm""", >Wro" tlre ,.." fm", U\ W, "",,"' "'" l1w C it, Co"""1 """,Id~ '" po I", ~ hov, """d "'" 0", ohj"Ooo;.""" "tI, to doty~, z"oU"" 'h~g, "",,'" 0'" I,,,, """ ~, project back to the Plan CO~i,ssion for further review, Thank you for your consideration, , ~V~,~ Karen Vanderfleet_ Muehlenbem '- lJ\ - 11~.,~et /~ . \o~~hfenb in cc, Mathew Griffin, Cannel City Planner ~ 1(2..) ffrrACH fY/ e Cou;:, 1-;:;; /V6- L-f/ILP/07 2