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Home My WebLink AboutCCM-09-15-08City of Carmel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, SEPTEMBER 15, 2008 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. September 2, 2008 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 CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS a. Third Reading of Ordinance D-1912-08; An Ordinance of the Common Council of the City of Cannel, Indiana, Adding Chapter 2, Article 4, Section 131 to the Carmel City Code, Thereby Establishing the City of Carmel "Support For The Arts Fund" (#504); Sponsor(s): Councilor(s) Sharp and Rider. b. Second Reading of Ordinance D-1913-08; An Ordinance of the Common Council of the City of Cannel, Indiana, Authorizing the Issuance of the City of Carmel, Indiana Taxable Economic Development. Revenue Bonds, Series 2008 (Arts District Lofts & Shoppes Project), and the Lending of the Proceeds Thereof to Keystone Group, LLC, or an Affiliate Thereof, and Authorizing and Approving other Actions in Respect Thereto ($19,000,000-Design and Construction ofa Parking Garage); Sponsor(s): Councilor(s) Carter and Sharp. (FINANCE, ADMINISTRATION AND RULES COMMITTEE 9/18/08). 11. PUBLIC HFARINGS a. First Reading of Ordinance D-1909-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2009 Budget ($89,005,028): Sponsor(s): COuncilor(s) Sharp and Snyder. b. First Reading of Ordinance Z-520-08; An Ordinance of the Common Council of the City of Cannel, Indiana, Rezoning District Classification, Rezoning the Duke Energy Parcels at the NE Corner of 116`h Street & Guilford'Road from the I-1/Industrial District Classification to the PUD/Planned Unit Development District Classification (1441 S. Guilford); Sponsor: Councilor Rider. c. First Reading of Ordinance 71521-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Park Place Planned Unit Development District; Sponsor: Councilor Rider. 12. NEW BUSINESS a. First Reading of Ordinance D-1914-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Worksite Speed Limits (Carmel City Code 8-26 Worksite Speed Limit Designation); Sponsor(s): Councilor(s) Rider, Seidensticker, Snyder, Sharp and Carter. b. First Reading of Ordinance D-1915-08; 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 2009; Sponsor(s): Councilor(s) Rider and Sharp. c. Resolution CC-09-15-08-01; A Resolution of the Common Council of the City of Carmel, Indiana, Expressing Interest in the Purchase of Certain Properties Values at Over $25,000 and Associated with the City's Road Improvement Projects (10 Properties); Sponsor: Councilor Sharp. d. Resolution CC-09-15-08-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Transfer of Real Property to Third Party (10401 Pennsylvania Street); Sponsor(s): Councilor(s) Sharp and Carter. Resolution CC-09-15-08-03; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Transfer of Real Property to Third Party (10403 Pennsylvania Street); Sponsor(s): Councilor(s) Sharp and Carter. Resolution CC-09-15-08-04 (Formerly Resolution CC-09-02-08-01); A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Old Town Economic Development Area ($13,000,000 - Construction and Equipping of a Multi-Level-Parking Facility - CRC Exhibit B); Sponsor(s): Councilor(s) Carter and Sharp. 13. OTHER BUSINESS a. City Council.Appointments Carmel Economic Development Commission - Resignation of Ersal Ozdemir (August 30, 2008) - Term will expire 12/31/09 2. Carmel Board of Zoning.Appeals Alternate 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 0911 i/0y CC Weting Agenda 1 COMMON COUNCIL MEETING MINUTES MONDAY, SEPTEMBER 15, 2008 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members W. Eric Seidensticker, John V. Accetturo, Joseph C. Griffiths, Luci Snyder, Ronald E. Carter, Kevin Rider, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor Brainard called the meeting to order at 6:02 p.m. Pastor Randy Wardwell, Carmel Family Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. 1 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard recognized Lisa Fitzwater and Laura Shattuck and Stephanie Marshall who were involved with the Dog Day Afternoon event held.in the Arts & Design District in June. Lisa Fitzwater presented a check for $9,000.00 to Rebecca Stephenson, Executive Director of the Hamilton County Humane Society. Mayor Brainard presented the Citizens for Greenspace with the award from the 2008 Award of Excellence for Community Trees sponsored by Home Depot and the U.S. Conference of Mayors. A grant in the amount of $25,000 was given to Citizens for Greenspace from the Home Depot Foundation. Mayor Brainard also recognized the Carmel Street Tree Committee. Council President Sharp recognized the following Carmel Fire Fighters for responding to the current disaster and recovery relief in Texas: Lieutenant Gary Brandt, Engineer Greg Webb, Engineer Eric Frenzel, Firefighter Scott Miller, Firefighter Steve Frye, Firefighter Sean Sutton and Lieutenant Brad Love. APPROVAL OF MINUTES: Councilor Griffiths made a motion to approve the Minutes from the September 2, 2008 Special Meeting. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. Minutes were approved 6-0 (Councilor Accetturo abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Larry Creviston, 170 Aspen Way, Carmel, IN., addressed the Council regarding Ordinance D-1912-08 (Support For the Arts Fund #504). Soori Ardalan, 258 6V. Main Street, Carmel, IN., representing Soori Gallery, addressed the Council with concerns of the Council taking over the arts budget fironz Mayor Brainard. Bob Lyons, 460 Haldale Drive, Carmel, IN., addressed the Council with concerns of the Council taking over the arts budget fi-om Mayor Brainard. COUNCIL MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Carter informed the citizens that the Hamilton County Humane Society held a fund raising dinner at Eddie's Place in Noblesville on August 17, 2008 and urged Carmel elected officials and department directors to volunteer next year. Councilor Griffiths urged citizens to adopt and or sponsor a pet from the Hamilton County Humane Society. Council President Sharp informed the Council that a Special Meeting will be held the week of September 22"a to approve claims. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Carter made a motion to approve claims in the amount of $3,579,253.03. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the question. Claims were approved 6-0 (Councilor Griffiths abstained). COMMITTEE REPORTS Councilor Snyder reported that the Finance, Administration and Rules Committee met on September 11, 2008 for an informative meeting to discuss Ordinance D-1913-08. The next meeting will be held on Thursday, September 18, 2008 at 5:00 p.m. 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 met and discussed Ordinance D-1912-08 which was forwarded to the Council with a 2-0 unfavorable recommendation. 1 Councilor Seidensticker reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Council President Sharp announced the Third Reading of Ordinance D-1912-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 4, Section 131 to the Carmel City Code, Thereby Establishing the City of Carmel "Support For The Arts Fund - (#504). Council President Sharp passed the gavel to Councilor Snyder to address the Council and made a motion to present proposed amended VERSION - A 9/15/08 to the Council (change page 2, strike lines 11, 12 and 13 (original verbiage); add lines 13 - 18 (inclusive), strike lines 20 - 25 (original verbiage) and to add lines 25 - 28 (inclusive);. add mid shall expire as of 12131109 to the end of line 43. Councilor Seidensticker seconded. Councilor Rider made a motion to change the percentage of the arts budget to l% of the 2009 Budget. Council President Sharp called for point of order and informed the Council that Councilor Rider's motion would be discussed with the budget, not this ordinance. Councilor Snyder called for the question. The motion to accept Ordinance D-1912-08 As Amended VERSION - A 9/15/08 was approved 4-3 (Councilors Accetturo, Griffiths and Carter opposed). There was brief Council discussion. Mayor Brainard addressed the Council. Councilor Snyder called for the question. Ordinance D-1912-08 As Amended VERSION - A 9/15/08 was adopted 4-3 (Councilors Accetturo, Griffiths and Carter opposed). Council President Sharp reclaimed the gavel from Councilor Snyder. Council President Sharp, announced the Second Reading of Ordinance D-1913-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of the City of Carmel, Indiana Taxable Economic Development Revenue Bonds, Series 2008 (Arts District Lofts & Shoppes Project), and the Lending of the Proceeds Thereof to Keystone Group, LLC, or an Affiliate Thereof, and Authorizing and Approving other Actions in Respect Thereto ($19,000,000 - Design and Constntction of a Parking Garage); Sponsor(s): Councilor(s) Carter and Sharp. (FINANCE, ADMINISTRATION AND RULES COMMITTEE 9/18/08). This item was not discussed. PUBLIC HEARINGS Council President Sharp announced the First Reading of Ordinance D-1909-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2009 Budget ($89,005,028). Councilor Griffiths made a motion to move this item into business. Councilor Snyder seconded. Councilor Snyder presented this item to Council. Mayor Brainard presented the budget to the Council. There was brief Council discussion. Mayor Brainard referred to Curt Coonrod, C.L. Coonrod & Company, to address the Council. There was extensive Council discussion. Council President Sharp opened the Public Hearing at 8:01 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 8:02 p.m. There was brief Council discussion. This item will be placed on the agenda for Monday, October 6, 2008. Council President Sharp announced the First Reading of Ordinance Z-520-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification, Rezoning the Duke Energy Parcels at the NE Corner of 116`h Street & Guilford Road from the I-1/industrial District Classification to the PUD/Planned Unit Development District Classification (1441 S. Guilford). Councilor Griffiths made a motion to move this item into business. Councilor Seidensticker seconded. Council President Sharp referred to Mike Hollibaugh, Director of Department of Community Services, to present this item to Council. There was brief Council discussion. Council President Sharp opened the Public Hearing at 8:09 p.m. Marnin Spigelman, 11816 Harvard Lane, Carmel, IN., addressed the Council with concerns regarding this rezone. Bill Wendling, Attorney with Campbell Kyle Proffitt; representing Dube Energy, addressed the Council in support of this ordinance. Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 8:15 p.m. There was no Council discussion. Council President Sharp referred Ordinance Z-520-08 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Sharp announced the First Reading of Ordinance Z-521-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Park Place Planned Unit Development District. Councilor Griffiths made a motion to move this item into business. Councilor Rider seconded. Council President Sharp referred to Mike Hollibaugh, Director of Department of Community Services, to present this item to Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 8:18 p.m. Dave Coots, Attorney, 255 E. Carmel Drive, Carmel, IN., representing Mayflower Corporation, addressed the Council with proposed amendments. Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 8:22 p.m. and referred Ordinance Z-521-08 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Sharp addressed the Council. NEW BUSINESS Council President Sharp announced the First Reading of Ordinance D-1914-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Worksite Speed Limits (Carmel City Code 8-26 Worksite Speed Limit Designation). Councilor Seidensticker made a motion to move this item into business. Councilor Griffiths seconded. Council President Sharp referred to Tom Perkins, Assistant City Attorney, to present this item to Council. There was brief Council discussion. Councilor Seidensticker made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Snyder seconded. There was additional Council discussion. Councilor Seidensticker withdrew his motion to suspend the rules. Council President Sharp referred Ordinance D-1914-08 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Sharp announced the First Reading of Ordinance D-1915-08; 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 2009. Councilor Griffiths made a motion to move this item into business. 1 Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp referred Ordinance D-1915-08 to the Finance, Administration and Rules Committee for further review and consideration. Council President Sharp announced Resolution CC-09-15-08-01; A Resolution of the Common Council of the City of Carmel, Indiana, Expressing In in the Purchase of Certain Properties Values at Over $25,000 and Associated with the City's Road Improvement Projects (10 Properties). Councilor Griffiths made a motion to move this item into business. Councilor Snyder- seconded. Council President Sharp passed the gavel to Councilor Snyder to present this item to Council. There was brief Council discussion. Councilor Seidensticker made a motion to strike lines 22-25 (one property in Wildwood Estates). Council President Sharp seconded. There was no Council discussion. Councilor Snyder called for the question. The motion was approved 7-0. There was no Council discussion. Councilor Snyder called for the question. Resolution CC-09-15-08-01 As Amended was adopted 7-0. Council President Sharp reclaimed the gavel from Councilor Snyder. Council President Sharp announced Resolution CC-09-15-08-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Transfer of Real Property to Third Party (10401 Pennsylvania Street). Councilor Carter made a motion to move this item into business. Councilor Rider seconded. Council President Sharp informed the Council that this item and Resolution CC-09-15-08-03 would be discussed together. Councilor Carter presented this item to Council. There was brief Council discussion. Council President Sharp referred to Steve Engelking, Director of Administration, to address the Council. 1 Councilor Snyder made a motion to approve Resolution CC-09-15-08-02. Councilor Rider seconded. Council President Sharp called for the question. Resolution CC-09-15-08-02 was adopted 7-0. Council President Sharp announced Resolution CC-09-I5-08-03; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Transfer of Real Property to Third Party (10403 Pennsylvania Street). 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 to Steve Engelking, Director of Administration, to address the Council. Councilor Snyder made a motion to approve Resolution CC-09-15-08-03. Councilor Rider seconded. Council President Sharp called for the question. Resolution CC-09-15-08-03 was adopted 7-0. Councilor Griffiths left the Council Chamber. Council President Sharp announced Resolution CC-09-15-08-04 (Formeriv Resolution CC-09-02-08-01); A Resolution of the Common Council of the City of Cannel, Indiana, Approving Certain Matters in Connection with the Old Town Economic Development Area ($13,000,000 - Construction and Equipping of a Multi-Level Parking Facility - CRC Exhibit B). Councilor Carter made a motion to move this item business. Councilor Rider seconded. Council President Sharp addressed the Council. Councilor Carter made a motion to approve Resolution CC-09=15-08-04. Councilor Rider seconded. There was brief Council discussion. Council President Sharp called for the question. Resolution CC-09-15-08-04 was adopted 5-1 (Councilor Accetturo opposed). Councilor Griffiths reentered the Council Chambers. OTHER BUSINESS a. City Council Appointments Carmel Economic Development Commission - Resignation of Ersal Ozdemir(August 30, 2008) - Term will expire 12/31/09. Councilor Rider nominated Sue Finkham. Councilor Snyder seconded. Seeing no other nominations, Council President Sharp closed the nominations. There was no Council discussion. Council President Sharp called for the question. Sue Finkham was nominated to the Carmel Economic Development Commission. 2. Carmel Board of Zoning Appeals Alternate. Councilor Seidensticker presented William Sanders' resume to the Council for consideration. Council President Sharp presented Rick Osborn's resume to the Council for consideration. Seeing no other nominations, Council President Sharp closed the nominations. There was brief Council discussion. Council President Sharp called for the vote for Bill Sanders. Council President Sharp called for the vote for Rick Osborn. Rick Osborn was nominated as an alternate to the Carmel Board of Zoning Appeals. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned' the meeting at 8:53 p:m. ATTEST: Clerk-Treasurer Diana 09/15/08 CC Medina Minmles Respectfully submitted, Clerk-Treasurer Diana L. Cordray AMC Ap4ayorjames dBrainard 6 September 2, 2008 Rick Sharp, President Carmel City Council James Brainard, Mayor City of Carmel Carmel City Hall, Third Floor One Civic Square Carmel, IN 46032 Gentlemen: I am resigning my position as a member of the Carmel Economic Development Commission effective August 30, 2008. It has been a pleasure serving the City of Carmel, and 1 look forward to the opportunity to do so again in the near future. Sincerely, Ersal Ozdemir 1 STONE C ON S T R U C T I ON C OR P GENERAL CONTRACTORS a CONSTRUCTION MANAGERS 47 S. Pennsylvania St., 10th FI., Indianapolis, IN 46204 P 317-636-2000 F 317-635-1100 W KEYSTONE-CORP.COM