HomeMy WebLinkAboutCCM-10-15-07City of Carmel
Office of the
Clerk-Treasurer
COMMON COUNCIL
MEETING AGENDA
MONDAY, OCTOBER 15, 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. October I, 2007 Regular Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTSIOBSERVATIONS
7. ACTION ON MAYORAL VETOES
8. CLAIMS
Payroll
e General Claims
e 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. Second Reading of Ordinance D-1850-07; 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 2008; Sponsor(s): Councilor(s) Carter, Glaser, Kirby and Sharp.
b. Third Reading of Ordinance D-1864-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Approving and Adding Chapter 2, Article 3, Division iII, Section
2-65 to the Carmel City Code (Employee Fringe Benefit Program/Combat Duty);
Sponsor(s): Councilor(s) Kirby and Sharp.
c. Second. Reading of Ordinance D-1873-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter S, Article 5, Section 8-47(x)(34) to the Carmel
City Code (No Parking Areas); Sponsor: Councilor Sharp.
d. Third Reading of Ordinance Z-508-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Deleting the Exemptions for Lots in Qualifying Subdivisions
from Minimum Lot Standards in the Carmel Zoning Ordinance; Sponsor: Councilor
Sharp.
e. Second Reading of Ordinance Z-509-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending the Time Limits of Applications Denied by the Board
of Zoning Appeals in the Cannel Zoning Ordinance; Sponsor: Councilor Seidensticker.
Second Reading of Ordinance Z=510-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning Properties in Southwest Old Town from the
B``-I/Business, B-2113usiness, B-3/Business and 1-1/industrial District Classifications to the
C-2/Old Town District Classification (57 Parcels); Sponsor(s): Councilor(s) Carter and
Sharp.
g. Second Reading of Ordinance Z-511-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending the Architectural Design Requirements of the US 31
Corridor and.Michigan Road Corridor Overlay Zones in the Carmel Zoning Ordinance;
Sponsor: Councilor Seidensticker.
11. PUBLIC HEARINGS
a. Second Reading of Ordinance D-1865-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Old Town Shops 11,
Unit 1, 31 E. Main Street); Sponsor: Councilor Carter.
b. Second Rending of Ordinance D-1866-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Old Town Shops 11,
Unit 2, 33 E. Main Street); Sponsor: Councilor Carter.
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c. Second Reading of Ordinance D-1867-07; An Ordinance of the Common Council of the
City of Cannel, Indiana, Vacating a Portion of Public Right-Of-Way (Old Town Shops II,
Unit 3, 35 E. Main Street); Sponsor: Councilor Carter.
d. Second Reading of Ordinance D-1868-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Old Town Shops 11,
Unit 4, 37 E. Main Street); Sponsor: Councilor Carter.
e. Second Reading of Ordinance D-1869-07; An Ordinance of the Common Council of the
City of Carmel,. Indiana, Vacating a Portion of Public Right-Of-Way (Indiana Design
Center); Sponsor: Councilor Carter.
f Second Reading of Ordinance D-1870-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Providing for an Additional Appropriation of Funds from the
Operating Balance of the General Fund (Cannel Communications Center - 5180,000);
Sponsor(s): Councilor(s) Griffiths and Glaser.
g. First Reading of Ordinance D-1877.07; An Ordinance of the Common Council of the
City of Cannel, Indiana, Authorizing and Approving an Additional Appropriation of
Funds from the General Fund Operating Balance to the Fire Department ($270,000);
Sponsor: Councilor Glaser.
12. NEW BUSINESS
a. First Reading of Ordinance D-1874.07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 8, Article 9, Section 8-120 of the Carmel City
Code, Establishing Certain Stop Intersections; Sponsor: Councilor Kirby.
b. First Reading of Ordinance D-1875-07; Ali Ordinance of the Common Council of the
City of Carmel, Indiana, Adopting and Adding Carmel City Code Chapter 2, Article 4,
Section 2-130, Establishing a Non-Reverting City Court Interpreter Fund (#503);
Sponsor(s): Councilor(s) Sharp and Griffiths.
c. First Reading of Ordinance D-1876-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending. Chapter 8, Article 3, Section 8-20(a)(1) of the Carmel
City Code (25 m.p.h. Speed Limit.Designations); Sponsor: Councilor Kirby.
d. First Reading of 0rdinance.D-1878-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 6, Article 4, Section 6-69 to the Carmel City
Code ("Push Polling"); Sponsor(s): Councilor(s) Rattermann, Glaser and Seidensticker.
e. First Reading of Ordinance D-1879-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Carmel City Code Chapter 2, Article 4, Section 2-102,
Establishing a Department of Community Relations Gift Fund (#854); Sponsor:
Councilor Carter.
f. Resolution CC-10-15-07-01 (Formerly CC-10-01-07-01); A Resolution of the Common
Council of the City of Carmel, Indiana for Designation of the Attached Property as an
Economic Revitalization Area ((Maaguzi, LLC, 117.11 North Meridian Street - 3 Year
Personal Property Tax Abatement); Sponsor: Councilor Rattermann.
g. Resolution CC-10-15-07-02; A Resolution of the Common Council of the City of
Cannel, Indiana, Regarding Exchange of Real Property to Third Party (Two Acres Near
131" Street & Hazel Dell Parkway/Fire Station Property) (Four Acres at.the Northeast
Corner of U.S. 31 and 131" Street); Sponsor: Councilor Carter.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUb1ENTS
16. ADJOURNMENT
015107 CC Mc<liug Agenda
COMMON COUNCIL
MEETING MINUTES
MONDAY, OCTOBER 15, 2007 - 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor Brainard, Council President Joseph C. Griffiths, Council Members Richard L. Sharp, Kevin Kirby,
W. Eric Seidensticker, Ronald E. Carter, Mark Rattermann, Fredrick J. Glaser, Clerk-Treasurer
Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine.
Council President Griffiths opened the meeting at 6:01 p.m.
Rabbi Beinstalk, Shaarey Tafilla Congregation, pronounced the Invocation.
Council President Griffiths led the Pledge of Allegiance.
Councilor Kirby left the Council Chamber.
1 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Seidensticker made a motion to approve the Minutes from the October 1, 2007 Regular
Meeting. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths
called for the question. The Minutes were approved 6-0 (Councilor Kirby was not present).
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Richard Frost, 507 Stonehedge Drive, Carmel, IN 46032, addressed the Council regarding the Mayor
presiding over the Council meetings.
Councilor Kirby returned to the Council Chamber.
Doran Ellis, 924 TV, Auman Drive, Carmel, IN 46032, addressed the Council regarding Ordinance
Z-510-07, (rezoning 57 parcelsin Old Town).
John Sullivan, 862 Enclave Circle, Carmel, IN 46032, addressed the Council regarding his support of
Ordinance D-1878-07 ("Push Polling",
A4arnin Spigelman, 11816 Harvard Lane, Carmel, IN 46032, addressed the Council regarding 2007
election signs. A11r. Spigelman also urged all citizens to vote in the upcoming election.
COUNCIL, MAYORAL AND CLERK-'TREASURER COMMENTS/OBSERVATIONS:
Councilor Kirby addressed the Council, regarding Ordinance Z-510-07 (Old Town Rezone).
Councilor Sharp addressed Mr. Spigelman's comments on the recent Park Place development.
ACTION ON MAYORAL VETOES:
There are none.
CLAIMS
Councilor Sharp made a motion to approve the claims in the amount of $2,072,576.91. Councilor Glaser
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-1864-07, which was tabled, Ordinance D-1850-07, Ordinance D-1873-07, Ordinance
D-1870-07 and Resolution CC-10-15-07-01 which were all forwarded with a.positive recommendation to
the Council.
Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met but
did not discuss any items referred to the Committee due to the fact that there was not a quorum. Carol
Schleif, Carmel Plan Commission, made a brief presentation on section drawings that she is
recommending for the Council and the Committee to consider for inclusion of the C2 rezone.
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
Second Reading of Ordinance D-1850-07; 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 2008;
Sponsor(s): Councilor(s) Carter, Glaser, Kirby and Sharp. This item was not discussed.
Third Reading of Ordinance D-1864-07; An Ordinance of the Common Council of the City of Carmel,
Indiana, Approving and Adding Chapter 2, Article 3, Division 111, Section 2-65'to the Carmel City Code
(Employee Fringe Benefit Program/Combat Duty); Sponsor(s): Councilor(s) Kirby and Sharp. Finance,
Administration and Rules Committee. This item was not discussed.
Council President Griffiths announced the Second Reading of Ordinance D-1873-07; An Ordinance of
the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8-47(a)(34) to
the Carmel City Code (No Parking Areas). Councilor Sharp made a motion to approve Ordinance
D-1873-07. Councilor Kirby seconded. There was no Council discussion. Council President Griffiths
called for the question. Ordinance D-1873-07 was adopted 7-0.
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Third Reading of Ordinance Z-508-07; An Ordinance of the Common Council of the City of Carmel,
Indiana, Deleting the Exemptions for Lots in Qualifying Subdivisions from Minimum Lot Standards in
the Carmel Zoning Ordinance; Sponsor: Councilor Sharp. Land Use, Annexation and Economic
Development Committee. This item was not discussed.
Second Reading of Ordinance Z-509-07; An Ordinance of the Common Council of the City of Carmel,
Indiana, Amending the Time Limits of Applications Denied by the Board of Zoning Appeals in the
Carmel Zoning. Ordinance; Sponsor: Councilor Seidensticker. Land Use, Annexation and Economic
Development Committee. This item was not discussed.
Second Reading of Ordinance Z-51.0-07; Ali Ordinance of the Common Council of the City of Carmel,
Indiana, Rezoning Properties in Southwest Old Town from the B-1 Business, B-2/Business, B-3113usiness
and i-]/Industrial District Classifications to the C-2/Old Town District Classification (57 Parcels);
Sponsor(s): Councilor(s) Carter and Sharp. Land Use, Annexation and Economic Development
Committee. This item was not discussed.
Second Reading of Ordinance Z-511-07; An Ordinance of the Common Council of the City of Carmel,
Indiana, Amending the Architectural Design Requirements of the US 31 Corridor and Michigan Road
Corridor Overlay Zones in the Cannel Zoning Ordinance; Sponsor: Councilor Seidensticker. Land Use,
Annexation and Economic Development Committee. This item was not discussed.
PUBLIC HEARINGS
Council President Griffiths announced the Second Reading of Ordinance D-1865-07; An Ordinance of
the Common Council of the City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Old
Town Shops 11, Unit 1, 31 E. Main Street).
Councilor Sharp made a motion to move Ordinance D-1865-07, Ordinance D-1866-07, Ordinance
D-1867-07, Ordinance D-1868-07 and Ordinance D-1869-07 out of the Land Use, Annexation and
Economic Development Committee. Council President Griffiths approved the motion.
There was no Council discussion. Council President Griffiths opened the Public Hearing at 6:39 p.m.
Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at 6:39:30 p.m.
Council President Griffiths announced the Second Reading of Ordinance D-1866-07; An Ordinance of
the Common Council of the City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Old
Town Shops II, Unit 2, 33 E. Main Street). There was no Council discussion. Council President Griffiths
opened the Public Hearing at 6:40 p.m. Seeing no one who wished to speak, Council President Griffiths
closed the Public Hearing at 6:40:30 p.m.
Council President Griffiths announced the Second Reading of Ordinance D-1867-07; An Ordinance of
the Common Council of the City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Old
Town Shops It, Unit 3, 35 E. Main Street). There was no Council discussion. Council President Griffiths
opened the Public Hearing at 6:41 p.m. Seeing no one who wished to speak, Council President Griffiths
closed the Public Hearing at 6:41:30 p.m.
Council President Griffiths announced the Second Reading of Ordinance D-1868-07; An Ordinance of
1 the Common Council of the City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Old
Town Shops II, Unit 4, 37 E. Main Street). There was no Council discussion. Council President Griffiths
opened the Public Hearing at 6:42 p.m. Seeing no one who wished to speak, Council President Griffiths
closed the Public Hearing at 6:42:30 p.m.
Council President Griffiths announced the Second Reading of Ordinance D-1869-07; An Ordinance of
the Common Council of the City of Carmel, Indiana, Vacating a Portion of Public Right-Of-Way (Indiana
Design Center). There was no Council discussion. Council President Griffiths opened the Public Hearing
at 6:43 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at
6:43:30 p.m.
Councilor Kirby made a motion to approve Ordinance D-1865-07, Ordinance D-1866-07, Ordinance
D-1867-07, Ordinance D-1868-07 and Ordinance D=1869-07. Councilor Sharp seconded. There was no
Council discussion. Council President Griffiths called for the question. Ordinance D-1865-07,
Ordinance D-1866-07, Ordinance D-1867-07, Ordinance.D-1868-07 and Ordinance D-1869-07 were
adopted 7-0.
Council President Griffiths announced the Second Reading of Ordinance D-1870-07; An Ordinance of
the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds
from the Operating Balance of the General Fund (Carmel Communications Center - $180,000). There
was no Council discussion. Council President Griffiths opened the Public Hearing at 6:44 p.m. Seeing
no one who wished to speak, Council President Griffiths closed the Public Heating at 6:44:30 p.m.
Councilor Kirby made a motion to approve Ordinance D-1870-07. Councilor Glaser seconded. There
was no Council discussion. Council President Griffiths called for the question. Ordinance D-1870-07
was adopted 7-0.
Council President Griffiths announced the First Reading of Ordinance D-1877-07; An Ordinance of the
Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional
Appropriation of Funds from the General Fund Operating Balance to the Fire Department ($270,000).
Councilor Carter made a motion to move this item into business. Councilor Sharp seconded. Councilor
Glaser referred to Carmel Fire Chief, Keith Smith, to present this item to Council. There was brief
Council discussion. Councilor Glaser made a motion to amend the amount from $270,000 to $100,000.
Councilor Rattermann seconded. Council President Griffiths called for the question. The motion was
approved 7-0. Council President Griffiths opened the Public Hearing at 6:47 p.m. Seeing no one who
wished to speak, Council President Griffiths closed the Public Hearing at 6:47:30 p.m. There was brief
Council discussion. Council President Griffiths referred Ordinance D-1877-07 As Amended to the
Finance, Administration and Rules Committee for further review and consideration.
NEW BUSINESS
Council President Griffiths announced the First Reading of Ordinance D-1874-07; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 9; Section 8-120 of the
Carmel City Code, Establishing Certain Stop Intersections. Councilor Sharp made a motion to move this
1 item into business. Councilor Kirby seconded. Councilor Kirby presented this item to Council.
Councilor Sharp made a motion to suspend the rules and not send this item to committee and vote this
evening. Councilor Glaser seconded. There was no Council discussion. Council President Griffiths
called for the question. The motion was approved 7-0. Councilor Sharp made a motion to approve
Ordinance D-1874-07. Councilor Kirby seconded. There was brief Council discussion. Council
President Griffiths called for the question. Ordinance D-1874-07 was adopted 7-0.
Council President Griffiths announced the First Reading of Ordinance D-1875-07; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adopting and Adding Cannel City Code Chapter 2,
Article 4, Section 2-130, Establishing a"Non-Reverting City Court Interpreter Fund (#503). Councilor
Sharp made a motion to move this item into business. Councilor Carter seconded. Councilor Sharp
referred to Paul Felix, City Court Judge, to present this item to Council. There was brief Council
discussion. Judge Felix referred to Doug Haney, City Attorney, for clarification. There was brief Council
discussion. Council President Griffiths referred Ordinance D-1875-07 to the Finance, Administration and
Rules Committee for further review and consideration.
Council President Griffiths announced the First Reading of Ordinance D-1876-07; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-20(a)(1) of
the Carmel City Code (25 m.p.h. Speed Limit Designations). Councilor Kirby made a motion to move
this item into business. Councilor Glaser seconded. Councilor Kirby presented this item to Council.
There was brief Council discussion. Doug Haney, City Attorney, addressed Council for clarification.
Councilor Sharp made a motion to suspend the rules and not send this item to committee and vote this
evening. Councilor Seidensticker seconded. There was no Council discussion. Council President
Griffiths called for the question. The motion was approved 7-0. Councilor Sharp made a motion to
approve Ordinance D-1876-07. Councilor Glaser seconded. There was no Council discussion. Council
President Griffiths called for the question. Ordinance D-1876-07 was adopted 7-0.
1 Council President Griffiths announced the First Reading of Ordinance D-1878-07; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adding Chapter 6, Article 4, Section 6-69 to the Carmel
City Code ("Push Polling"). Councilor Sharp made amotion to move this item into business. Councilor
Rattermann seconded. Councilor Rattermann presented this item to Council. There was brief Council
discussion. Councilor Rattenmann made a motion to suspend the rules and not send this item to
committee and vote this evening. Councilor Seidensticker seconded. There was no Council discussion.
Council President Griffiths called for the question. Clerk-Treasurer Diana L. Cordray asked for a show of
hands. The motion failed (Councilors Sharp, Kirby and Carter opposed). Council President Griffiths
referred Ordinance D-1878-07 to the Finance, Administration and Rules Committee for further review
and consideration.
Council President Griffiths announced the First Reading of Ordinance D-1879-07; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 2, Article 4,
Section 2-102, Establishing a Department of Community Relations Gift Fund (#854). Councilor Sharp
made a motion to move this item into business. Councilor Glaser seconded. Councilor Carter referred to
Nancy Heck, Director of Community Relations, to present this item to Council. There was brief Council
discussion. Council President Griffiths referred Ordinance D-1879-07 to the Finance, Administration and
Rules Committee for further review and consideration.
Council President Griffiths announced the Resolution CC-10-15-07-01 (Formerly CC-10-01-07-01); A
1 Resolution of the Common Council of the City of Carmel, Indiana for Designation of the Attached
Property as an Economic Revitalization Area ((Maaguzi, LLC, 11711 North Meridian Street - 3 Year
Personal Property Tax Abatement). Councilor Kirby made a motion to move this item into business.
5
Councilor Sharp seconded. Councilor Rattermann presented this item to Council. There was brief
Council discussion. Councilor Kirby made a motion to approve Resolution CC-10-15-07-01. Councilor
Sharp seconded. There was no Council discussion. Council President Griffiths called for the question.
Resolution CC-10-15-07-01 was adopted 7-0.
Council President Griffiths announced the Resolution CC-10-15-07-02; A Resolution of the Common
Council of the City of Carmel, Indiana, Regarding Exchange of Real Property to Third Party (Two Acres
Near 13151 Street & Hazel Dell Parkway/Fire Station Property) (Four Acres at the Northeast Corner of
U.S. 31 and 13151 Street). Councilor Carter made a motion to move this item into business. Councilor
Kirby seconded. Councilor Carter presented this item to Council. There was brief Council discussion.
Councilor Carter referred to Mayor Brainard for clarification. Council President Griffiths called for the
question. Resolution CC-10-15-07-02 was adopted 7-0.
OTHER BUSINESS
There was, none.
ANNOUNCEMENTS
There were none.
EXECUTION OF DOCUMENTS
1 ADJOURNMENT
Mayor Brainard adjourned the meeting at 7:16 p.m.
Respectfully submitted,
-Treasurer Diana L.
Approved,
yor James Brainard
ATTEST:
Clerk-Treasurer Diana L. Cordray,I C
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10115107 t:C iUeetine Minuets