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Home My WebLink AboutCCM-07-16-07 City of Carlllel Office of the Clerk- Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, JULY 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. APPROVAL OF MINUTES a. June 18, 2007 Regular Meeting b. July 6, 2007 Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSER V A TIONS 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 CAR~!EL, [ND[M'M 46032 311/51[.2414 I 10. OLD BUSINESS 11. PUBLIC HEARINGS a. First Readin!! of Ordinance D-1853-07; An Ordinance of the Common Council ofthe City of Carmel, Indiana, Establishing the Tax Levy for the City of Carmel Cumulative Capital Development Fund and Amending Carmel City Code Chapter 2, Article 4, Section 2-91 Accordingly; Sponsor: Councilor Glaser. b. First Readin!! of Ordinance Z-506-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification, Rezoning of9 Acres ofReat Estate at 10212-10218 North Michigan Road From S-I/Industrial to B-2 Business Zoning Classification (Thomas English Retail Real Estate, LLC); Sponsor: Councilor Sharp. c. First Readin!! of Ordinance Z-507-07; An Ordinance of the Common Council ofthe City ofCam1el, Indiana, Establishing Westmont Planned Unit Development District (2000 West 136th Street); Sponsor: Councilor Sharp. 12. NEW BUSINESS a. First Readin!! of Ordinance D-1854-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions of the City Code Regulating Speed Limit Fines; Sponsor: Councilor Sharp. b. Resolution CC-07-16-07-01; A Resolution of the Common Council of the City of Carmel, Indiana, for Designation of the Attached Property As An Economic Revitalization Area (Baker Hill Corporation Tax Abatement); Sponsor: Councilor Carter. c. Resolution CC-07-16-07-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving A Transfer of Funds by the Carmel City Court ($6,250); Sponsor: Councilor Griffiths. 13. OTHER BUSINESS a. Sixth Readin!! of Ordinance D-1846-07. As Amended; 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. City Council Appointments I. City of Carmel Cable TV Advisory Committee (one appointment). 2. Carmel Plan Commission (one appointment). 2 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT {)7/!6i(}7 CC Ivk-:,ting A\,!.c,ncb 3 .-..../ .QO,JJ i ~o r CITY O~~rCARMEL JAMES BRAINARD, MAYOR July 7, 2007 Joe Griffiths One Civic Square City of Carmel, Indiana 46032 Dear Joe: I will be absent from the City of Carmel from July 7, 2007 and on or about July 20, 2007. Until I return, I hereby authorize you, Joe Griffiths to execute any necessary documents and act in my place if I am unable to be reached by telephone or otherwise. This action is being taken pursuant to Indiana Code Section 36-4-9-7 and Carmel Code Section 2-9. Karen Glaser has my telephone numbers if you need them. Very truly yours, - ONE ClVlC SQUARE. CARMEL. IN 46032 OmCE 317.571.2401, FAX 3I7.R44.3498 Er-..1A1L jbrainard@carmel.in.gov Ms. Cordrey, please make this submission a part of the record. ETHICS ORDINANCE Section B Disclosure and Reports Relating To Polling By Telephone or Electronic Oevice Section B. (a) Disclosure to Person Contacted - Any person who conducts a City of Carmel election poll by telephone or electronic device shall disclose to each person contacted the identity of the person calling and the name of the entity paying the expenses of the poll and on whose behalf they are being contacted. The disclosure shall be made at the beginning of the interview involved. (b) Reports to Ethics Board - In the case of any Carmel election poll by telephone or electronic device - (I) if the results of the poll are not to be made public within 10 days after the contact hereinabove, the person who conducts the poll shall report to the Board the total cost of the poll and all sources of funds for the poll; and (2) the person who conducts the poll shall report to the Board the total number of households contacted and includes with such report a copy of the poll questions. Carmel City poll defined - as used in this section, the term "Carmel City election poll" means a survey - (l) in which the person contacted is asked to state opinions or views regarding a future election for Carmel City office; and (2) in which more than 10 households are surveyed. (c) Effective Date - The amendment made by Section B shall apply with respect to elections occurring on or after September 1, 2007. (d) Penalty -- For each violation of this Section, the person contacting the person contacted shall be fined a sum no less than $50.00 per contact nor more than $500.00 per contact. f{ I/ACHm ENT I {]()unc,"t h1~ 711L~ /07 I COMMON COUNCIL MEETING MINUTES MONDAY, JULY 16, 2007 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Council President. Joseph C. Griffiths, Councilors Richard L. Sharp, Kevin Kirby, W. Eric Seidensticker, Ronald E. Carter, Fredrick J. Glaser, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor James Brainard and Councilor Mark Rattermann were not in attendance. Council President Griffiths opened the meeting at 6:02 p.m. Carmel Police Chaplain, George Davis, pronounced the Invocation. Council President Griffiths led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: I There were none. APPROV AL OF MINUTES: Councilor Sharp made a motion to approve the Minutes of the June 18,2007 Regular Meeting. Councilor Glaser seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 4-0. (Councilor Kirby entered the Council Chamber at 6: 10 p.m.). Councilor Sharp made a motion to approve the Minutes of the July 6, 2007 Special Meeting. Councilor Glaser seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 5-0. (Councilor Kirby entered the Council Chamber at 6: 10 p.m.). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Karen Carter, 918 E. Auman Drive, Carmel. Indiana, addressed the Council regarding Council's behavior and conduct toward the Citizens addressing the members at the Council meetings. Richard Frost, 507 Stonehedge Drive. Carmel. Indiana. addressed the Council regarding the Mayor presiding over the Council meetings and referred to IC 36-4-8(b}. I John Sullivan, 862 Enclave Circle. Carmel, Indiana, addressed the Council regarding Ordinance D-1846-07 (Code of Ethics) - allachment1. 1 I I I Henry Winckler, 411 Jenny Lane, Carmel, Indiana, addressed the Council regarding the Monon set-back line. COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Council President Griffiths recognized Councilor Seidensticker. Councilor Seidensticker thanked the citizens for welcoming him to the Council. Clerk-Treasurer Diana 1. Cordray and Councilor Kirby addressed Mr. Frost's comments. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Sharp made a motion to approve the claims in the amount of $796,485.40. Councilor Seidensticker seconded. There was no Council discussion. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Kirby reported that the Finance, Administration and Rules Committee had not met. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met. There will be a special meeting on Thursday, July 19,2007 at 5:00 p.m. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Glaser reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS There was none. PUBLIC HEARINGS Council President Griffiths announced the First Readinl! of Ordinance 0-1853-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Tax Levy for the City of Carmel Cumulative Capital Development Fund and Amending Carmel City Code Chapter 2, Article 4, Section 2-91 Accordingly. Councilor Sharp made a motion to move this item into business. Councilor Glaser seconded. Councilor Glaser presented this item to Council. There was no Council discussion. Council President Griffiths opened the Public Hearing at 6:24 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at 6:24:30 p.m. There was no Council discussion. Council President Griffiths referred Ordinance D-1853-07 to the Finance, Administration and Rules Committee for further review and consideration. 2 I I I Council President Griffiths announced the First Reading of Ordinance Z-506-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification, Rezoning of9 Acres of Real Estate at 10212-10218 North Michigan Road From S-lIlndustrial to B-2 Business Zoning Classification (Thomas English Retail Real Estate, LLC). Councilor Sharp made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Sharp referred to Paul Reis, Attorney, Bose McKinney & Evans, 301 Pennsylvania Parkway, Suite 300, Indianapolis, IN 46280, for a presentation to Council. There was brief Council discussion. Councilor Sharp requested a commitment from the petitioner. Council President Griffiths opened the Public Hearing at 6:31 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at 6:31 :30 p.m. Clerk- Treasurer Diana 1. Cordray asked for clarification on the Plan Commission Certification. Councilor Sharp made a motion to Table this item pending a report from the City Attorney. Councilor Glaser seconded. Council President Griffiths announced the First Reading of Ordinance Z-507-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Westmont Planned Unit Development District (2000 West 136th Street). Councilor Sharp made a motion to move this item into business. Councilor Carter seconded. Councilor Sharp referred to Steve Pittman, Pittman Partners, 11711 N. Pennsylvania Avenue, Suite 260, Carmel, Indiana, for a presentation to Council. Also in attendance from Pittman Partners was Neal Smith and Nick Churchill. Charlie Frankenberger, Attorney, Nelson & Frankenberger was also in attendance. There was brief Council discussion. Council President Griffiths opened the Public Hearing at 6:54 p.m. Hem)' Winckler. 411 Jenny Lane. Carmel, Indiana, addressed the Petitioner and requested information on the project. Seeing no one else who wished to speak, Council President Griffiths closed the Public Hearing at 6:56 p.m. Mr. Pittman responded to Mr. Winckler. There was no Council discussion. Council President Griffiths referred Ordinance Z-507-07 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Councilor Sharp made a motion to lift Ordinance Z-506-07 from the Table. Councilor Seidensticker seconded. City Attorney, Doug Haney, reported to the Council that the Plan Commission Certification had a scrivener's error regarding the 90 day date for the Council to act upon this project. There was brief Council discussion. Council President Griffiths referred Ordinance Z-507-07 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS Council President Griffiths announced the First Reading of Ordinance D-1854-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Certain Provisions of the City Code Regulating Speed Limit Fines. Councilor Sharp made a motion to move this item into business. Councilor Carter seconded. Councilor Sharp presented this item to Council. There was brief Council discussion. Council President Griffiths referred Ordinance D-1854-07 to the Utilities, Transportation and Public Safety Committee for further review and consideration. 3 I I I Council President Griffiths announced Resolution CC-07-16-07-01; A Resolution of the Common Council of the City of Carmel, Indiana, for Designation of the Attached Property As An Economic Revitalization Area (Baker Hill Corporation Tax Abatement). Councilor Carter made a motion to move this item into business. Councilor Sharp seconded. Councilor Carter made a motion to Table this item until the next Council meeting. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the question. The motion was approved 6-0. Council President Griffiths announced Resolution CC-07-16-07-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving A Transfer of Funds by the Carmel City Court ($6,250). Councilor Sharp made a motion to move this item into business. Councilor Carter seconded. Council President Griffiths referred to City Court Judge, Paul Felix, to present this item to the Council. There was brief Council discussion. Council President Griffiths called for the question. Resolution CC-07-16-07-02 was adopted 6-0. OTHER BUSINESS Sixth Readinl! of Ordinance D-1846-07, As Amended; 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. Council President Griffiths asked for an explanation why this Ordinance was back on the agenda. This item was adopted on June 18, 2007. Councilor Glaser and Clerk-Treasurer Diana L. Cordray addressed Council President Griffiths question. Clerk-Treasurer Diana L. Cordray responded that the Ordinance had been emailed to all Councilors for review but the Amended Ordinance has not been properly executed. City Council Appointments 1. City of Carmel Cable TV Advisory Committee (one appointment). Councilor Sharp nominated Councilor Seidensticker. Councilor Carter seconded. Seeing no other nominations, Council President Griffiths called for the question. Councilor Seidensticker was approved 6-0. 2. Carmel Plan Commission (one appointment). Councilor Sharp nominated Councilor Seidensticker. Councilor Carter seconded. Councilor Glaser nominated Councilor Rattermann. There was no second. Seeing no other nominations, Council President Griffiths called for the question. Councilor Seidensticker was approved 5-1 (Councilor Glaser opposed). ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS 4 ADJOURNMENT I Council President Griffiths adjourned the meeting at 7:20 p.m. Respectfully submitted, ~ Clerk-Treasurer Diana L. Cordray, I Approved, ATTEST: I {A< Clerk-Treasurer Diana L. Cordray, I I 07/16((17 CC i\.Jceling ;...lil1tllts 5