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Home My WebLink AboutCCM-06-18-07 ,/ ~ City of Carfilel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, ruNE 18,2007 - 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. APPROVAL OF MINUTES a. June 4, 2007 Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COM1VlENTS/OBSERV ATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS . Payroll . General Claims . Retirement 9. COMMITTEE REPORTS a. Finance Administration and Rules Committee b. Land U~e, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee . d. Utilities, Transportation and Pubhc Safety Committee ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571.1414 1 10. OLD BUSINESS a. Sixth 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. b. Third Readin!!: of Ordinance Z-SOS-07; An Ordinance of the Common Council of the City of Carmel, Indiana, To Rezone Property from OM/SU and S2 within the US 31 Overlay to B6 within the US 31 Overlay (1328 - 1440 West Main Street); Sponsor: Councilor Kirby. 11. PUBLIC HEARINGS a. Resolution CC-06-18-07-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten- Year (10) Real and Personal Property Tax Abatement for Capital Bank and Trust Company Located at 12900 North Meridian Street; Sponsor(s): Councilor(s) Carter and Sharp. 12. NEW BUSINESS a. Resolution CC-06-18-07-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Interlocal Government Resolution Authorizing the Execution of a Mutual Aid Agreement (Indiana Emergency Management and Disaster Law); Sponsor(s): Councilor(s) Sharp and Carter. b. Resolution CC-06-18-07-03; A Resolution of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions of the Zoning Ordinance (Amending the Regulations for Zoning and Subdivisions for the City of Carmel); Sponsor: Councilor Sharp. c. Resolution CC-06-18-07-04; 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 (122 properties); Sponsor: Councilor Sharp. 13. OTHER BUSINESS a. Property Abatements/Compliance with Statement of Benefits: I. Allete Automotive Services 2. Dealer Services Corporation 3. MCP Partners Two, LLC 4. Midwest Independent Transmission System Operator (MISO) 5. Oak Street Operations, LLC 6. Oxford BioSignals 2 7. PHT Investment Holdings, LLC (SB-1 filed under CIHS Newco, LLC _ MOB) 8. St. Vincent Heart Center (SB-1 filed under CIHS Newco, LLC - Heart Hospital) 9. Seven Corners, Inc. (SB-I filed under 303 Group, LLC - SRI) 10. Zotec Solutions, Inc. 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 06118/07 cc M...-:cting Agend.:l 3 I COMMON COUNCIL MEETING MINUTES MONDAY, JUNE 18,2007 - 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, Ronald E. Carter, Fredrick J. Glaser, Clerk-Treasurer Diana L. Cordray and Deputy Clerk- Treasurer Lois Fine. Councilor Mark Rattermann was not in attendance. Mayor Brainard opened the meeting at 6:05 p.m. Pastor Paul Swartz, King of Glory Lutheran Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: I There were none. APPROVAL OF MINUTES: Councilor Sharp made a motion to approve the Minutes of the June 4, 2007 Regular Meeting. Councilor Glaser seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 4-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Eric Seidensticker, 612 Ash Drive, Carmel, Indiana, addressed Council regarding Ordinance D-1846-07 (Code of Ethics). John Sullivan. 862 Enclave Circle, Carmel, Indiana, addressed Council regarding Ordinance D-1846-07 (Code of Ethics) - attachment 1. Henry Winckler, 411 Jenny Lane, Carmel, Indiana, addressed Councilfollowing up on a question he asked at the last Council meeting regarding the property at 111th & College - attachment 2. I Marnin Spigelman, 11816 Harvard Lane, Carmel, Indiana, addressed Council regarding Ordinance D-1846-07 (Code of Ethics) and an article in the Carmel Star on Saturday, June 16,2007, discussing the COlT and the City 's Public Safety. 1 COUNCIL. MAYORAL AND CLERK- TREASURER COMMENTS/OBSERVATIONS: I Mayor Brainard responded to John Sullivan and Henry Winckler's comments. Councilor Kirby entered the chamber at 6:23 p.m. Clerk-Treasurer Diana L. Cordray addressed the Council regarding her concerns about the Code of Ethics Ordinance. Councilors Carter and Glaser and Council President Griffiths responded to Henry Winckler's comment regarding the property at III th & College. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Sharp made a motion to approve the claims in the amount of$I,427,632.54. Councilor Glaser seconded. There was no Council discussion. Claims were approved 5-0. COMMITTEE REPORTS: I Councilor Kirby reported that the Finance, Administration and Rules Committee met and discussed Ordinance D-1846-07 which was forwarded to the full Council with a unanimous recommendation. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met. Councilor Carter reported that the Parks, Recreation and Arts Committee met. Mark Westermeier, Director, Parks r:>epartment, reported on the progress of Central Park Council President Griffiths reported that with the resignation of Brian D. Mayo from the Council, he has appointed Councilor Mark Rattermann as Vice President of the Council and Councilor Fredrick J. Glaser as Chair of the Utilities, Transportation and Public Safety Committee. Councilor Glaser reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS I Sixth Readin2 of Ordinance 0-1846-07; 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. Councilor Glaser made a motion to accept Amended Version 6/18/07 4:55 p.m. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. The motion was approved 5-0. Councilor Glaser reviewed the amendments with Council. There was brief Council discussion. Council President Griffiths referred to City Attorney, Doug Haney, to review the changes made to the ordinance by his office. There was extensive Council discussion. Councilor Sharp made a motion to amend Section 2-184 (A)(2)(a) lines 65 2 I I I and 66, beginning with "One of the Common Council appointments. . .. " Councilor Sharp withdrew his motion and asked for language suggestions from City Attorney, Doug Haney. Councilor Sharp made a motion to amend Section 2-184 (A)(2)(b) line 78 to read; "affirmative vote of at least four (4) Board members." Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question. The motion was approved 5-0. City Attorney, Doug Haney, read his suggested language on lines 60-63 to the Council. Councilor Sharp made a motion to approve City Attorney, Doug Haney's suggested language on lines 60-63. Councilor Kirby seconded. There was brief Council discussion. Councilor Glaser made a motion to amend the amendment and change the date from year 2011 to year 2010 on line 62. Councilor Kirby seconded. There was brief Council discussion. Council President Griffiths called for the question. The motion to amend the amendment was approved 5-0. Council President Griffiths called for the question on City Attorney, Doug Haney's suggested language. The motion was approved 5-0. There was brief Council discussion. Councilor Carter made a motion to amend lines 335 and 336 to delete; ", at their own expense,... Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. The motion was approved 5-0. Councilor Kirby made a motion to strike verbiage from line 65; 'and one of the mayoral." Councilor . Sharp seconded. There was brief Council discussion. Councilor Kirby rescinded his motion to strike verbiage on line 65. Councilor Sharp seconded. There was brief Council discussion. Councilor Sharp made a motion to approve Ordinance D-1846-07, As Amended (6/18/07 4:55 p.m.). Councilor Glaser seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance D-1846-07, As Amended was adopted 5-0. Council President Griffiths announced Third Readinl! of Ordinance Z-505-07; An Ordinance of the Common Council of the City of Carmel, Indiana, To Rezone Property from OM/SU and S2 within the US 31 Overlay to B6 within the US 31 Overlay (1328 - 1440 West Main Street). Councilor Sharp referred to James Browning, Browning Investments, Inc., 6100 W. 96th Street, Suite 250, Indianapolis, IN 46278, to discuss a commitment that was requested by the Council. There was brief Council discussion. Councilor Sharp made a motion to approve Ordinance 2-505-07 upon submission of the recorded commitment to the Clerk-Treasurer from Mr. Browning. Councilor Carter seconded. There was no Council discussion. Council President Griffiths called for the question. Ordinance Z-505-07 was adopted 5-0. PUBLIC HEARINGS Council President Griffiths announced Resolution CC-06-18-07-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten-Year (10) Real and Personal Property Tax Abatement for Capital Bank and Trust Company Located at 12900 North Meridian Street. Councilor Carter made a motion to move this item into business. Councilor Kirby seconded. Councilor Carter presented this item to Council. Council President Griffiths opened the Public Hearing at 7:26 p.m. The following individual spoke in opposition to Resolution CC-06-18-07-01: Henry Winckler, 411 Jenny Lane, Carmel, Indiana Seeing no one else who wished to speak, Council President Griffiths closed the Public Hearing at 7:27 p.m. There was brief Council discussion. Councilor Sharp made a motion to approve Resolution CC-06-18-07-0 I. Councilor Carter seconded. There was no Council discussion. Council President Griffiths called for the question. Resolution CC-06-18-07-01 was adopted 5-0. 3 I I I NEW BUSINESS Council President Griffiths announced Resolution CC-06-18-07-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Interlocal Government Resolution Authorizing the Execution of a Mutual Aid Agreement (Indiana Emergency Management and Disaster Law). Councilor Sharp made a motion to move this item into business. Councilor Carter seconded. Councilor Sharp referred to Keith Smith, Chief, Carmel Fire Department, to present this item to Council. There was no Council discussion. Councilor Kirby made a motion to approve Resolution CC-06-18-07-02. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. Resolution CC-06-18-07-02 was adopted 5-0. Council President Griffiths announced Resolution CC-06-18-07-03; A Resolution of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions ofthe Zoning Ordinance (Amending the Regulations for Zoning and Subdivisions for the City of Carmel). Councilor Sharp made a motion to move this item into business. Councilor Glaser seconded. Councilor Sharp presented this item to Council. There was no Council discussion. Council President Griffiths called for the question. Resolution CC-06-18-07-03 was adopted 5-0. Council President Griffiths announced Resolution CC-06-18-07-04; A Resolution ofthe 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 (122 properties). Councilor Sharp made a motion to move this item into business. Councilor Glaser seconded. Councilor Sharp presented this item to Council. There was no Council discussion. Council President Griffiths called for the question. Resolution CC-06-18-07-04 was adopted 5-0. OTHER BUSINESS a. Property Abatements/Compliance with Statement of Benefits: I. Allete Automotive Services 2. Dealer Services Corporation 3. MCP Partners Two, LLC 4. Midwest Independent Transmission System Operator (MISO) 5. Oak Street Operations, LLC 6. Oxford BioSignals 7. PHT Investment Holdings, LLC (SB-I filed under cms Newco, LLC - MOB) 8. St. Vincent Heart Center (SB-I filed under cms Newco, LLC - Heart Hospital) 9. Seven Corners, Inc. (SB-I filed under 303 Group, LLC - SRI) 10. Zotec Solutions, Inc. Councilor Sharp reported that the Compliance with Statement of Benefits were discussed in the Land Use, Annexation and Economic Development Committee and forwarded to the full Council. Councilor Sharp reported that MCP Partners Two, LLC and Oak Street Operations, LLC, would need to be reviewed by Council President Griffiths and Clerk-Treasurer Diana L. Cordray. Clerk-Treasurer Diana Cordray suggested that City Attorney, Doug Haney, be included in the meeting. The remaining abatements met their compliance requirements and were signed by Council President Griffiths. 4 I I I ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 7:55 p.m. ATTEST: Clerk-Treasurer Diana L. Cordray, I MC ()(>ll S/07 CC Meeling r\1im;lcs Approved, ()~/ ;@ ~or James Brainard 5 ETHICS ORDINANCE Section B PREAMBLE This ordinance shall also apply to any elected official or persons having filed for elected office in the City of Carmel or their respective employees or agents. APPLICATION OF ORDINANCE No caller(s) shall: a. shall, without accurately first identifying their name, position and campaign committee name, contact any proposed voter by telephone within seven(7) days prior to any election in which City of Carmel officeholders are to be elected, for the purpose of "push polling" or "push calling". b. may block the telephone number from which they are calling so that the caller cannot identify the telephone number calling. PENALTY Penalties shall be levied as follows: a. for each person and campaign committee found to have committed such an offense, there shall be a fine of no more than $500.00 per telephone call or less than $50.00 per telephone call. b. such fines shall be jointly and severally levied against the candidate and the political campaign committee found to have been responsible for said callis). DEFINITIONS "Elected official" shall mean any elected office in the City of Carmel. "'Persons having filed for elected office" shall mean any candidate for any elected office in the City of Carmel who has filed for said Office. "Push polling" and "push calling" is hereby defined as an attempt to mislead any voter while pretending to be taking a political poll. A "political pole" under this ordinance is hereby defined as a telephone communication from one person to any proposed voter asking: a. whether' the person called intends or does not intend to support any person to an elected office. b. whether the person called intends or does not intend to support any issue supported by any political candidate. c. this ordinance shall apply whether or not said call is made by recorded message or by an actual person. Il+...fCl e-h me n -I- I Council rn+?_ & /1 ~ (07 Question for the record posed by Henry Winckler,a citizen of Carmel residing at 411 Jenny Lane,Carmel,46032. Dated June 18,2007 Regarding the corner of 111 th Street and College, is any commercial development or building being considered in that immediate area. Has anyone contacted any city employee,department or officia1,elected or otherwise, for purposes of beginning any process now or in the future for establishment of a commercial enterprise or building of any kind. This includes any kind of speculative discussion or meeting regarding use of this property or area. iH-to. c1J m 1."(1+ 2.... tOLl nc..; I M f1. & 1/ ~ 107 6/] 8/2007