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HomeMy WebLinkAboutCCM-08-04-08City of Carmel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, AUGUST 4, 2008 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER I . INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. July 21, 2008 Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS • Payroll General Claims a 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 31715712414 10. OED BUSINESS Third Re dike of Ordinanul)-1899-08;.A'n Ordinance.10the Common Council of the City of Cannel, Indiana, Amending" Chapter 2, Article •l,, Division Iii, Section 2-12 of the Carmel City Code (Claim Popuents in Advance of Council Allowance); Sponsor(s): Councilor(s) Rider-, Seidensticker aM"Sharp_ b, Third Reading of Ordinance D-1900-08; An Ordinance-of the Common Council of the City of Carmel, Iii-di ana, Amending Chapter 2, Article 3, Division 11 (AI I Sections) of the Carmel Ci-ty Code (Personnel Policies andProcedirres); Sponsor: Councilor. Car1'er. 11. PUBLIC HEARINGS Third'Reading of Ordinance D-19112-08; An Ordinance, of;the•Common Council of the City Of Carmel, lndiana, Amending atid;Restatingahe Schediile'af Rates and ChaNcs Collected bythe. Water Utility (Inerease po 'Mowhly Metered-Rates and YVMrbit fm Charges); Sponsor(S). Councilor(s) Acce?tturo, Seidensti`c_ker and Sharp. b, Second ;Reading-or'Glydinance D-1904-'W-An Ordinance of the Common Council of the City of Carmel, Indiana,.Approving a_Transfer of 1;unds.from:the2008 i oard of Public 'Works Budget (53'49;:700) and an Additiona.I Appropr iati'on from the,2008 Operating Balance o€ithe General Fund ($232; 384);,.Sponsor (s): Councilor(s) Griffiths, Snyder and Carter. c. ThiH'Reading or Oi dinance,A-95-08;..An Ordinance of,the Common Council of the City ofCa Camel, I'ndiana, -AmendingCliapter9,,Article 2; Division 1I; Section 9-35ofthe: Carmel City Code (Individual, Connections Eq!livdlent User Contribution Multiples); Sponnso (s): Councilor(s) Aecetturo; SeideTreucker+and Sharp: d. Third:Readinj of OrdiwAnce,A-96-08,,Au Ordinance of the Common Council.of the City'ofCarme-1; fndiana,-Aiziending C,liapter9,.Arti'ele 2, Division ll, Section 9-31(a) of the,Carmei City Code „(Permit Acreage Cost); Sponsor(s), .Councilor(s) Acceauro, Seidensticker and Shazi , e. First Reading of Ordinance,Z-519-08; An Ordinance of he Common Council of the City of Carmel; Indiaria;.Amending the Motion &Ntain Planned Un"itDcyelopnicnt District -Ordinance l(To-Allorv,rVon-Re.sidenti¢l Uses in the.Upper Floors and Garages of Units in the.Prirnaty Area); Sponsor: C'ouncilor.Rider., 12. NEW BUSTNESS a. Resolution CC-08-04-08-01; A Resolution of the Common Council of the City of Carmel, Indiana, Dcsi-nating'the North cast Corner Of Carmel-Drivc/126°i Street and, North Meridian Street as an E'c onomic,Revitalizat on Area (10YearPet•sonol P?Werty Tai: Ahalement and 't7 10 Year Real, Property Tax Abatement for-Tlte Capital Group Companies, Inc); Sponsor(s):.Cogncilor(s) Carter,. Sharp. and Snyder. j 6. "Resolution CC-08-04-08-02; A Resolution,ofthe,Conuiion Council of the City"of Caniiel, Indiana, Designatiiitr 801 Congressional Blvd. as an Economic Revitalization Area (10 Ye'ar-Personal Property Tai,?,jhatenieniforPhornnakon,Compounding Phafmacy and Pharrnakor_Long Term Care Phai mtky) Sponsor: Councilor, Snyder. 13. OTFIER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 0y974 B69-C'('Mcclm Ag, r,,h COMMON COUNCIL MEETING MINUTES MONDAY; AUGUST4, 2008 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESF,NT: Council President Richard L, Sharp, Council Members W.,Eric Seidensticker, John V. Accethuo, Joseph C. Griffiths, Luci Snyder, Ronald E. Carter,.Kevin Rider, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor James Brainard was not in attendance. Councilor Seidensticker pronounced the Invocation. Council President Sharp led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL, OF MINUTES: Councilor Seidensticker made'a motion to approve the Minutes from the July 21,-2008, Regular Meeting. Councilor Snyder seconded. There was-no Council discussion. Council President Sharp called for the question. Minutes were approved'7-0.. RECOGNITION OF PERSONS WHO WISH TO.ADDRESS.TRE COUNCIL Robert Kefler, 11989 Windponae-Pass, Carmel, IN„representing Waterstone HOA (Attachment), addressed the Council opposing Ordinance.D-1908-08 (No Parki tgAreas). Karen Carter, 918 E. Auman_Drive, Carmel, 1N,:addressed. the Council regarding the drainage problem in District Two. Terry McMillen, 1155 E. M''' Street, Carmel, IN, addressed: the Council.in favorof Ordinance D-1908-08 (No Parking Areas). Pastor Linda Randy, 1849 E. 110"' Street, lhdianapolis; IN., represanting White Chapel Church; addressed the Council in favor of Ordinance D-1908-08 (No Parking Areas), Eva Wood, 1028 Chevy Chase Lare, Indiannftolis, IN., addressed,the Council in favor oj'Ordirance D-1908-08 (No Parking Areas). COUNCIL MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Clerk-Treasurer Diana L. Cordray addressed the parking issue at White Chapel Church and Stonewick Run. Council President Sharp informed the Council and citizens that the Council meeting scheduled for Monday, September 1, 2008 would be cancelled (Labor Day) and a Special Meeting would be noticed for Tuesday, September 2, 2008 at 6:00 p.m. Council President Sharp also wished good luck to all of the athletes from the State of Indiana representing our nation in the 2008 Beijing Olympics. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Rider made a motion to approve claims in the amount of $4,570,307.82. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the question. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration-and Rules Committee met and discussed three items of business on this agenda and will be reported later on the agenda. Councilor Griffiths reported that the Land Use, Annexation and Economic Development Committee had not met. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Seidensticker reported that the Utilities, Transportation and.Public Safety Committee met and discussed Ordinance D-1902-02 and will be reported later on the agenda. OLD BUSINESS Council President Sharp announced the Third Reading of Ordinance D-1899-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article I, Division III, Section 2-12 of the Carmel City Code (Claim Payments in Advance of Council Allowance). Councilor Snyder addressed the Council, presented the Committee report and referred to Clerk-Treasurer Diana L. Cordray to address the Council. Councilor Seidensticker made a motion to submit proposed Amended VERSION A - 8/4/08 to change verbiage on page I, line 26, remove allotiv and to substitute act upon (should read: having jurisdiction over the approval shall review and act upon the claim at its next regular or special meeting following the preapproved payment). Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the question. The motion was approved 7-0. There was brief Council discussion. Councilor Griffiths made a motion to approve Ordinance D-1899-08 As Amended. Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance D-1899-08 As Amended VERSION A - 8/4/08 was adopted 7-0. Council President Sharp announced the Third Reading of Ordinance D-1900=08; An Ordinance of the 1 Common Council of the City of Carmel, Indiana, Amending Chaptei2, Article 3, Division If (All Sections) of the Carmel City Code(Personnei Policies and Procedures). Cot?ncilor.Snyder presented the Committee report. There was brief Council discussion.. Councilor Carter made a motion to approve Ordinance D-1900-08. Councilor Rider seconded., .There,was no Council discussion. Council President Sharp called for the question. Ordinance D-1900-08 was adopted 7-0. PUBLIC HEARINGS Council President Sharp announced the Third Reading of Ordinance D-1902-08: An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Restating the Schedule of. Rates and Charges Collected by the Water Utility (Increase ol`Monthiy Metered,Raies and Minimum Charges). Councilor Seidensticker made a motion to submit proposed Amended VERSION A -8/9/08 for discussion. Councilor Accetturo seconded'. Councilor- Seidensticker read the proposed amendments starting with page 2, lines'] 2 through 30 (inclusive). Therewasbrief Council discussion. Council President Sharp called for the question. The motion was approved 6-1 (Councilor Griffiths opposed). Council President Sharp opened the Public Hearing at 6:36 p.m.. Seeing no-one who wished to speak, Council President Sharp closed,the Public Hearing at 6:36x5 p.t n There,:Nms no Council discussion. Councilor Seidensticker made a motion'to approve Ordinance D-102-08-As A-mended. Councilor Carter seconded. There was no Council discussion. Council PresidenfSharp called for the question. Ordinance D-1902-08 As Amended VERSION A - 8/4/08 was adopted 6-1 (Councilor Griffiths opposed). 1 Council President Sharp announced the Second Readine'ofOrdinance D-1904-08; An Ordinanceof the Common Council of the City of Carnnel, Indiana, Approving a Transfer of Funds from the,2008 Board of Public Works Budget (5349,700) and an Additional Appropriation from the 2008 Operating Balance of the General Fund ($282,384), Councilor.Snyder presented the Committee report:. Ther ,was brief Council discussion. Council President Sharp opened the Public Hearing at 6;40 pair. Seeing no one who wished to speak, Council President' Sharp closed the-Public Hearing at:6:40.15.p;in. There was no Council discussion. Councilor Snyder. made.a motion to approve Ordinance D-1904-08. Councilor Griffiths seconded. There was no Council discussioh. Coiircil President Sharp called for the question. Ordinance D-1904-08 was adopted 7.0. Council President Sharp' announced the Third Reading of Ordinance A-95-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 2, Division II, Section 9-35 of the Carmel City Code (Individual, Connections ---Equivalent User=Contribution Multiples). There was brief Council discussion. Councilor Seidenstickerreferred to John Duffy, Director of Carmel Utilities, to address the Council., Council President Sharp opened,the=Public Hearing at 6:49 p.m. Angie Gidley, Builders Association of Greater Indianapolis; addressed the Council. Seeing no one else who wished to speak, Council, President Sharp closed the,Puhlic Hearting at 6:51 p.m. There was brief Council discussion. Councilor Seidensticker made a motion to approve Ordinance A-95-08. Councilor Accetturo seconded. There was no Council discussion: Council President Sharp called for the question. Ordinance A-95-08 was.adopted 6-1 (Councilor Griffiths. opposed). 1 Councii President Sharp announced the Third Reading of Ordinance A-96-08, AnOrdinance o?f the Common Council of the City of Carmel, Indiana, AmendingChapfer 9, Artrcle.2, Division II Section 9-3l(a) of the Carmel City Code (Permit Acreage Cost). John Duffy,. Director of Cannel Utilities, 1 addressed the Council. Council President Sharp opened-the Public Hearing at 6:59 p.m. Seeing no one who wished to speak, Council President Sharp closed'the Public. Hearing at 6:59:15 h.m. Councilor Carter made a motion to approve. Ordinance A-96-48. Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance tS-96708 was adopted 7-0. Council President Sharp announced the First Reading of Ordinance Z-519-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Monon,& Main.Planned Unit Development District Ordinance (To Allow Nan-Residential.Uses in the Upper Floors-and Garages of Units in the Primary Area), Councilor Griffiths made a rnotion"to movie this itein into business. Councilor Rider seconded and referred to Adrienne Keeling, Department of Community Services, to present this item to Council. There, was brief Council.discussion. Council President Sharp opened the Public Hearing at 7;04 p.m. ;Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 7:04:15 p:m. There was no Council discussion. Council President Sharp referred Ordinance Z-519-08 to the-Land'Use, Annexation and Economic Development Comnlittee for further review and consideration. NEW BUSINESS Council President. Sharp announced Resolution CC-08-04-08-01; A, Resolution of the Common Council of the City of Carmel„ Indiana, Designating the?Northeast Corner of"Cannel Drive%126°" Street and Forth Meridian Street as au Economic Revitalization Area (10-Year Personal Prope,•ty Tax Abatement and a 10 Year Real Pr-operty Tire: Abatement far The Capital Group Companies, Inc.). Councilor Cni-ter made a motion to move this item into business. CouncilorRider seconded. Councilor Snyder presented this item to Council and referred to Lary Gigerich, Managing Director of Ginovus, to address the Council. There was brief Council di'scuSSion. CouhCilor Cartcr.made a motion to approve.Resobition CC-08-04-08-01. Councilor Griffiths seconded, There 'was,no Council discussion. Council President Sharp called for the question. Resolution CC-08-04-08-01 was adopted 7-0. Council President Sharp announced Resolution CC-08-04-08-02; A Resolution of the Common Council of the City of Carmel, Indiana;Designating 801 Congessional'Blvd. as amEc6nbrmc.Revitahzation Area (10 Year Personal Property Tax'Abatement for Pharmalron Compounding Pharmacy and Pharnialron Long Term Care Pharmacy). Councilor Snyder made a motion to move,this item into business. Councilor Carter seconded. Councilor.Snyder presented this'item to Council and referred to Katie Culp, Senior Vice President, Colhers TurleyMartin Tucker; ¢o address-the Council. Also present was Jeff Burt, Hamilton County Alliance- Katie,Cirip referred to Paul:Elmer, President, Phanriakon, to address the Council. There was no Council discussion. Councilor Snyderanade'a motion to approve Res611.460n CC-08-04-08-02 Councilor; Rider seconded. There was no Council discussion. Council President Sharp called for the question: Resolution.CC-08-04-08-02 was adopted 7-0; Councilor Carter made a motion to Add-On Ordinance D-1908-08.to [he agenda. Councilor Rider seconded. There was no Council discussion. Council President,Sharp.called for the question,. The motion was approved 7-0. OTHER BUSINESS First Reading of Ordinance D-1308-08; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 8, Article 5, Section 8-47(a)(35) of the Carmel City Code (_No Parking Areas); Sponsor(s): Councilor(s) Carter and Rider. Councilor Carter made. a motion to move this item into business. Councilor Rider seconded. Councilor Carter presented, this item.to Council. There was brief Council discussion. Council' President Sharp referred this item,to the Utilities, Transportation and Public Safety Committee for further review and consideration. Councilor Seidensticker, Chair, Utilities, Transportation and Public Safety Committee, requested'thatthe Clerk-Treasurer's office send ntl email to Carmel Fire Chief Keith Smith, Assistant Carmel Police Chief Tim Green and City Engmcer Mike McBride informing each of them to provide written detail to him by Friday, August S, 2008 of any safety concern/no concerns or; any other.detail that.they feel justifies leaving the no pgrking.sigus'on Stonewick Run. Councilor Seidetisticker requested.that.they also send a representative from their department to attend the Committee, meeting. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS ADJOURNMENT Council President Sharp adjourned.the meeting, at 7:30 p.m. Respectfully sul bitted; 44?a &J?? Clerk-Treasurer Diana L. Cordray,I C Approved, M or James Brainard I, ATTEST: Clerk-'Treasurer Diana L. 031G«lUfi CC A7relin? ibl Inntu+ 5 D (1? A W N C T C -t (n O (D N O O 3 (0 3 m n? 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C j O C _w (D rn 0 (D 1 C (D x (D O Oi. =1 Q., ^ S ,s 7 M a m o_. o r t.7 -p =r.m w a. a c J CD, Q N 7 U ? C .? . Q n a... r N . (D :3 cr 7? C 'a ::3 w w CL 75 CA C) a ED X- " 0) 0) ":3 ' 0. (n Q ?: . N ;' O (D 7 s O CA n , Q ? ) 5n 7 . N (D ,C m a ?. CD .. o (D S C (n, .G s (D fD O N 73 (D (D :3 0 0 CL CD (?. (?. (D .o x Q K y . 0 Z co C CL O S CD N (ND n` N 0 7 9. (n C U (D (D 7 41 O; O` O C (D CL v 0 O En (D CL 3 (D O CL C O 3 (D O Q (D 'O (D" m D CD Cn CD 0 O co 0) C}'1 v Q O n (D O co Q co 6 co Q O O O rt (D Q CD O (D O N D N O n QF1 O O >o. J.C. HART 805 City Center Drive July 30, 2008 x120 Carmel Indiana 46032 TEL 317-573-4800 Carmel City Council Members Carmel City Hall One Civic Square Carmel, IN 46032 Dear Council Members: FAX 317-573-4808 We are writing you regarding the Carmel Water Fees, Ordinances A-95-08 and A-96-08, scheduled for public hearing on Monday, August 4, 2008. www. Homels]CHa rt.com Our company specializes in the development of upscale multifamily projects and we recently received ADLS approval from the City of Carmel Plan Commission for our Legacy Towns Et Flats project located in the Legacy P.U.D. While we can appreciate the long-term need for revenues to meet the capital needs of the water company in Carmel, we encourage the City to recognize projects which have been in the pipeline and planning stages for many months and which have not contemplated nor can they support the new fees under the economics of their acquisition structure for these projects. In fact, if this fee were in place at the time of our negotiations with the Legacy Developers, the land value would have been reduced by the amount of this new fee. There are several Central Indiana communities where it is currently unfeasible to build a multifamily project because of all the connection and availability fees for sewer and water coupled with park and road improvement fees. For this reason, Carmel should exercise caution when establishing the amount of the fee. There should also be some recognition of projects in the pipeline to allow a phase-in or waiver of the new fee structure for at least 1-2 years from the date the ordinance is passed. In addition, multifamily projects should not be recognized on a per-unit basis without regard to water usage of that unit on an estimated EDU basis, as it is not reasonable to treat a single family residence as the equivalent of a small efficiency, or one or two bedroom apartment. The fees charged by Veolia also recognizes a master water meter situation for a multifamily user on a per-meter connection basis versus a per-unit fee basis which should be considered as an alternative by the council as welt. We urge your consideration of the above in your review of these ordinances and would encourage the ordinances to be sent to subcommittee for further review and input by the development community. Sincerel Joh C. Hart, Jr. President JC Hart Company, Inc. JCH/jeg cc: Builders Association of Greater Indianapolis file M A N A G E R 5 B U 1 L D E R 5 D E V E L 0 P E R 5