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.
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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
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