HomeMy WebLinkAboutCCM-11-19-07City of Carmel
Office of the
Clerk-Treasurer
COMMON COUNCIL
MEETING AGENDA
MONDAY, NOVEMBER 19, 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 15, 2007 Regular Meeting
b. October 24, 2007 Special Meeting
c. November 1, 2007 Special Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
7. ACTION ON MAYORAL VETOES
$. 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 CARTEL, INDIANA 46032 31 71571-2414
10. OLD BUSINESS
a. Third 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. Fourth 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-1875-07; An 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.
d. Second Reading of Ordinance D-1877-07 As Amended; 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
(SI00,000);Sponsor: Councilor Glaser.
e. Second 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"); Sponsor(s): Councilor(s) Rattermann, Glaser and Seidensticker.
f. Second 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.
g. Second Reading of Ordinance D-1880-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 8, Article 6, Sections 8-56 and 8-58, of the
Cannel City Code (Imposition of Weight Limits on Keystone Avenue); Sponsor:
Councilor Carter.
h. Fourth 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.
i. Third 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.
Third 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
13-1Business, 13-2/13usiness, 13-3/13usiness and I-1/IndustriafDistrict Classifications to the
C-2/Old Town District Classification (57 Parcels); Sponsor(s): Councilor(s) Carter and
Sharp.
k. Third 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. First Reading of Ordinance Z-512-07; An Ordinance of the Common Council of the
City of Carmel, Indiana, Limiting Cultural & Entertainment Uses in the US 31 Corridor
Overlay Zone; Sponsor: Councilor Sharp.
b. First. Reading of Ordinance Z.-513-07; An Ordinance of the Common Council of the
City of Cannel, Indiana, Amending the Sunset Provision of the Carmel Drive - Range
Line Road Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor
Seidensticker.
c. Resolution CC-11-19-07-02..; 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, 11711 North Meridian Street - 3 Year Personal Property Tax
Abatement); Sponsor: Councilor Rattermann.
12. NEW BUSINESS
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
11111)107 CC: Mne ing Agcuda
1 COMMON COUNCIL.
MEETING MINUTES
MONDAY, NOVEMBER 19, 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.
Mayor Brainard opened the meeting at 6:00 p.m.
Brian White, Harvest Bible Church, pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.,
APPROVAL OF MINUTES:
Councilor Sharp made a motion to approve the Minutes from the October 15, 2007 Regular Meeting.
Councilor Seidensticker seconded. There was no Council discussion. Council President Griffiths called
for the question. The Minutes were approved 6-0 (Councilor Kirby was not present).
Councilor Carter made a motion to approve the Minutes from the October 24, 2007 Special Meeting.
Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the
question. The Minutes were approved 5-1 (Councilor Rattermann abstained. Councilor Kirby was not
present).
Councilor Kirby entered the Council Chamber.
Councilor Sharp made a motion to approve the Minutes from the November 1, 2007 Special Meeting.
Councilor Carter seconded. There was no Council discussion. Council President Griffiths called for the
question. The Minutes were approved 7-0.
RECOGNITION OF PERSONS NII-10 WISH TO ADDRESS THE COUNCIL:
George Seidensticker, 10,119 Jordan Road, Carmel, IN, addressed the Council regarding Ordinance
1 Z-510-07 (Rezoning Properties in Southwest Old Town).
Hilda Hartley, 140 1" Avenue N![! Carmel, IN, addressed the Council regarding Ordinance Z-510-07
1 (Rezoning Properties in Southwest Old Town).
Joe Shoemaker, 1143 Glebe Street, Carmel, IN, addressed the Council to'recognize the Council,
Commissions, Boards and the Mayor regarding sustainable building practices.
COUNCIL MAYORAL AND CLERK-TREASURER CONIAJENTS/OBSERVATIONS:
Council President Griffiths welcomed Boy Scout Troop 112 to the Council meeting. Council President
Griffiths also congratulated the Carmel High School football team for their upcoming trip to the RCA
Dome for the 5A State Title and the Carmel Band for their recent National 3'd place finish.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Sharp made a motion to approve claims in the amount of 52,023,477.96. Councilor Carter
seconded. There was no Council discussion. Council President Griffiths called for the question. Claims
were approved 7-0.
COMMITTEE REPORTS:
Councilor Sharp reported that the Finance, Administration and Rules Committee met and discussed
Ordinance D-1864-07 which will be withdrawn this evening. The Committee also discussed Ordinances
D-1875-07, D-1877-07, D-1878-07 and D-1879-07 with all being forwarded to the full Council with a
positive recommendation.
Councilor Carter reported that the Land Use, Annexation and Economic Development Committee met and
discussed Ordinances Z-508-07, Z-509-07 and Z-511-07 with all being forwarded to the full Council with
a favorable recommendation. The Committee also discussed Ordinance Z-510-07 which was forwarded
to the full Council with a 1-2 unfavorable recommendation.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met.
Councilor Glaser reported that the Utilities, Transportation and Public Safety Committee met and
discussed Ordinance D-1880-07 which will remain in Committee.
OLD BUSINESS
Council President Griffiths announced the Third 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. Councilor Sharp made a motion to approve Ordinance D-1850-07.
1 Councilor Carter seconded. There was no Council discussion. Council. President Griffiths called for the
question. Ordinance D-1850-07 was adopted 7-0.
1 Council President Griffiths announced the Fourth 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 Ili, Section 2-65 to the Cannel City Code (Employee Fringe Benefit Program/Combat Duty).
Councilor Sharp made a motion to Withdraw this ordinance. Councilor Kirby seconded.
Council President Griffiths announced the Second Readine of Ordinance D-1875-07; An 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). Councilor
Sharp made a motion to approve Ordinance D-1875-07. Councilor Carter seconded. There was no
Council discussion. Council President'Griffiths called for the question. Ordinance D-1875-07 was
adopted 7-0.
Council President Griffiths announced the Second Readinf, of Ordinance D-1877-07 As Amended; 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
(5100,000). Councilor Carter made a motion to approve Ordinance D-1877-07. Councilor Sharp
seconded. There was no Council discussion. Council President Griffiths called for the question.
Ordinance D-1877-07 As Amended was adopted 7-0.
Council President Griffiths announced the Second Readine of Ordinance D-1878-07; An Ordinance of
the Common Council of the City of Cannel, Indiana, Adding Chapter 6, Article 4, Section 6-69 to the
Carmel City Code ("Push Polling"). Councilor Sharp made a motion to amend Ordinance D-1878-07 by
substituting the language from the original draft version prepared by Douglas C. Haney, Carmel City
Attorney on October 3, 2007. Councilor Kirby seconded. Councilor Sharp made,a motion to amend
Ordinance D-1878-07; page 2, line 74 - strike and (at the end of the line); page 2, strike line 75 and
substitute the caller; page 2, line 82 - add a period O after the word call, strike the-remainder of the
sentence (prior to any other information being stated or questions asked); page 2, line 84 - strike, prior
to any other information being stated or questions asked,. Councilor Kirby seconded. There was brief
Council discussion. Council President Griffiths called for the question to amend Ordinance D-1878-07.
The motion was approved 4-3 (Councilors Glaser, Rattermann and Seidensticker opposed). There was
brief Council discussion. Council President Griffiths called for the question to amend the amendment.
The motion was approved 4-3 (Councilors Glaser, Rattermann and Seidensticker opposed). Councilor
Sharp made a motion to call for the question on Ordinance D-1878-07 As Amended. There was brief
Council discussion. Council President Griffiths called for the question. Ordinance D-1878-07 As.
Amended failed 3-4 (Councilors Glaser, Rattermann and Seidensticker voted AYE) (Councilors Carter,
Griffiths, Kirby and Sharp voted NAY).
Council President Griffiths announced the Second 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 Carter
made a motion to approve Ordinance D-1879-07. Councilor Sharp seconded. There was no Council
discussion. Council President Griffiths called for the question. Ordinance D-1879-07 was adopted 7-0.
7I,
Second Reading of Ordinance D-1880-07; An Ordinance of the Common Council of the City of Carmel,
Indiana, Amending Chapter 8, Article 6, Sections 8-56 and.8-58, of the Carmel City Code (Imposition of
Weight Limits on Keystone Avenue); Sponsor: Councilor Carter. This item was Tabled in Committee
and was not discussed. This item remains in the Utilities, Transportation and Public Safety Committee.
Council President Griffiths announced the Fourth Reading of Ordinance Z-508-07; An Ordinance of
the Common Council of the City of Cannel, Indiana, Deleting the Exemptions for Lots in Qualifying
Subdivisions from Minimum Lot Standards in the Carmel Zoning Ordinance. Councilor Sharp made a
motion to approve Ordinance Z-508-07. Councilor Seidensticker seconded. There was no Council
discussion. Council President Griffiths called for the question. Ordinance Z-508-07 was adopted 7-0.
Council President Griffiths announced the Third 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. Councilor Seidensticker made a motion to
approve Ordinance Z-509-07. Councilor Carter seconded. There was no Council discussion. Council
President Griffiths called for the question. Ordinance Z-509-07 was adopted 7-0.
Council President Griffiths announced the Third 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-2/131.1siness, B-3/Business and I-1/Industrial District Classifications to the C-2/Old Town
District Classification (57 Parcels). Councilor Sharp made a motion to approve Ordinance Z-510-07.
Councilor Kirby seconded. There was no Council discussion. Council President Griffiths called for the
question. Ordinance Z-510-07 was adopted 4-3 (Councilors Glaser, Rattertnnann and Seidensticker
1 opposed).
Council President Griffiths announced the Third 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.
Councilor Seidensticker made a motion to amend Ordinance Z-511-07. Page 3, line 42 - strike visible
from, add adjacent to; page 3, line 43 - add (s) after fapade, page 3, line 44 - add in height; page 3, line
44 - add a fagade step back with a depth of ; page 3, line 44 - strike inward (after 25'); and referred to
Adrienne Keeling, Department of Community Services, to review the amendments. There was brief
Council discussion. Councilor Kirby seconded. Council President Griffiths called for the question. The
motion was approved 7-0. There was no Council discussion. Councilor Sharp made a motion to approve
Ordinance Z-511-07 As Amended, VERSION A, 11/10/07. Councilor Kirby seconded. There was no
Council discussion. Council President Griffiths called for the question. Ordinance Z-511-07 As
Amended, VERSION A, 11/19/07 was adopted 7-0.
PUBLIC HEARINGS
Council President Griffiths announced the First Reading of Ordinance Z-512-27, An Ordinance of the
Common Council of the City of Carmel, Indiana, Limiting Cultural & Entertainment Uses in the US 31
Corridor Overlay Zone. 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 opened the Public Hearing at 6:48 p.m. Seeing no one who wished to speak,
4
Council President Griffiths closed the Public Hearing at 6:48:30 p.m. Council President Griffiths referred
Ordinance Z-512-07 to the Land Use, Annexation and Economic Development Committee for further
review and consideration.
Council President Griffiths announced the First Reading of Ordinance Z-513-07; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending the Sunset Provision of the Carmel Drive -
Range Line Road Overlay Zone in the Carmel Zoning Ordinance. Councilor Seidensticker made a motion
to move this item into business. Councilor Sharp seconded. Councilor Seidensticker presented this item
to Council. There was no Council discussion. Council President Griffiths opened the Public 1-learing at
6:50 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at
6:50:30 p.m. Council President Griffiths referred Ordinance Z-513-07'to the Land Use, Annexation and
Economic Development Committee for further review and consideration.
Council President Griffiths announced Resolution CC-11-19-07-02 ; 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, 11711 North Meridian Street - 3 Year Personal Property Tax
Abatement). Councilor Sharp made a motion to move this item into business. Councilor Carter
seconded. Councilor Rattermann presented this item to Council. There was no Council discussion.
Council President Griffiths opened the Public Hearing at 6:52 p.m. Seeing no one who wished to speak,
Council President Griffiths closed the Public Hearing at 6:52:30 p.m. Councilor Sharp made a motion to
approve Resolution CC-11-19-07-02. Councilor Seidensticker seconded. There was no Council
discussion. Council President Griffiths called for the question. Resolution CC-11-19-07-02 was
adopted 7-0.
NEW BUSINESS
There was none.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
Council President Griffiths announced that there would be a Special Council Meeting on Friday,
December 21, 2007 at 8:30 a.m. only for approval of claims.
EXECUTION OF DOCUMENTS
ADJOURNMENT
Mayor Brainard adjourned the meeting at 6:53 p.m.
J
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ATTEST:
&4?94?
Clerk-Treasurer Diana L. Cordray,] C
I ml)/w L'C meeiing Minutss
Respectfully submitted,
Clerk-Treasurer Diana L. Cordray AMC
Approved,
" 4m?
Ma (/r James Brainard