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HomeMy WebLinkAboutMinutes City Council 10-20-28ulty of Carmel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, October. 20, 2008 - 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 CITIZEN'S 4. APPROVAL OF MINUTES a. Oetober 6, 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 $. CLAIMS Payroll a General Claims C 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, Transpoitation and Public Safety Committee ONE CIVIC SQUARE CARMEL. INDIANA 46032 3171571-2414 I 10. OLD BUSINESS a. Third 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 Work-site Speed Limit Designation); Sponsor(s): Councilor(s) Rider, Seidensticker, Snyder, Sharp and Carter. b. Third 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. Second Reading of Ordinance D-1917-08 As Amended; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving and Adopting Interlocal Agreement (Funding Agreement- West Main Street Sidewalk); Sponsor: Councilor Sharp. d. Second Reading of Ordinance D-1918-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-52 of the Carmel City Code (Snow Removal From Sidewalks Required); Sponsor(s): Councilor(s) Snyder and Seidensticker. e. Third 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 1-1/Industrial District Classi fication to the PUD/Planned Unit Development District Classification (1441 S. GuiUbrd); Sponsor: Councilor Rider. Third ]leading 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; Sponsor: Councilor Rider. g. Second Reading of Ordinance Z-522-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning of 27.37 f Acres Located on the North Side of 131" Street Between US 31 and Old Meridian Street, Commonly Known as North Meridian Heights Subdivision and Properties Addressed as 1230 through 1328 Main Street, Carmel, ,Indiana, from the S-2 Residence District Classification to the OM (Old Meridian/Mixed Use) District and the B-6 (Business) District Classification: Sponsor: Councilor Rider. 11. PUBLIC HEARINGS a. Resolution CC-10-20-08-01;.A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten-Year (10) Personal Property Tax Abatement for Software Engineering Professionals, Inc. (11611 North kleridicnn Street); Sponsor(s): Councilor(s) Carter, Sharp, Snyder and. Rider. 12. NEW BUSINESS Resolution CC-10-20-08-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2008 Police, Fire, Engineer and Street Department Budgets ($233,500- Gasoline); Sponsor: Councilor Rider b. Resolution CC-10-20-08-03; A Resolution of the Common Council of the City of Carmel, Indiana, Designating an Economic Revitalization Area (Tax Abatement for Interactions Corporation, 14390 Clay Terrace Boulevard, Suite 205, Eight Year (8) Personal Property and Real Property); Sponsor: Councilor Snyder. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 1000/08 CC Meeting Agonda COMMON COUNCIL. MEETING 1VITNUTES MONDAY, OCTOBER 20, 2068 6.00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council PresidentRichard L: Sharp; John V. Accetturo; Joseph,C. Griffiths, Luci Snyder, Ronald E. Carter, Kevin Rider, Clerk-Treasurer Diana L. Cordray, and. Deputy Clerk-Treasurer Lois Fine. Councilor Seidensticker was not in attendance. Mayor Brainard opened the^meeting at-6:01 p.m. Councilor Rider pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. Mayor Brainard announced that he, had called a Special Meeting of the Carrnel City Council for Wednesday, October 22, 2006 at 6:00 p.m. to discuss the Keystone Avenue project. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES`. Councilor Griffiths made a motion to approve the Minutes from the October 6,:200$ Regular Meeting. Councilor Snyder seconded. There was no Council discussion. Council'Presi'dent Sharp called for the question. Minutes w6re?approved,6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Judy ,Stamper, 1307 Lynn. Drive, Carmel, IN., representing, the North Meridian Heights HOA, addressed the Council requesting that they Table Ordinance Z-522-08.. Marnin Spigelman, 11816 Harvard Lane, Carmel, IN., addressed the Council. opposing the additional ftade needed far the Keystone,Avenue,und the Perfor•ining Ai•ts Ceyter projects. Steve_ Briggs, 12876 Charing Cross Road, Car'tnel,.IN.,, representing Cgrrabbas Itallan GrWl.restaurarrt, addressed`the Council regarding concerns of7he Keystone-Avenue project. Karen Carter, 918 E. Aunian.Drive, Ca"nel, IN., addressed the Council opposing the addhional funds needed for the. Keystone Avenue and'the Performing Arts Center projects. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Mayor Brainard addressed Marnin Soigelman's;concerns regarding-the'Keys tone. Avenue and the Performing Arts Center projects. Councilor Accetturo addressed the,Mayor on the additional funding needed for the Keystone Avenue and the Performing Arts Center projects. Coi¢ncilor,Accetturo.also stated.that.he would like to receive input via email any concerns and/or comments from the citizens of Carmel. Councilor Snyder informed the Council.and the citizens that the City of Carmel has, been designated as an IACT Green Community-and received the- award. last,week- at the 2008 Indiana Association of Cities and Towns Annual Conference& Exhibition. Councilor Snyder also informed the Council ihatthe.Indiana Association of Cities and Towns presented Carnrel.Clerk-"treasurer Diana L. Cordray with'the?2008 Financial Management Award. The Financial Management Award is given to a finance officer,or administrator who has made outstanding achievements in fiscal management, financial recording and leadership in public service. Council President Sharp addressed Mayor Brainard and inibrmed him that the Special Meeting was not legally called. Further, it did not follow state statute or the-City Code (Section 3'-4(c)). Council President Sharp stated that he was; notcon§ulted Iythe Mayor or his staff regarding'a Spooial Meeting. Council President Sharp informed the Clerk-Treasurer's office to place the.Keystone Avenue project presentation on the agenda for Monday, November 3,2008, under Other Busmessand to inform citizens that the public is invited to provide input. Council President Sharp also-addressed-Mr. Spigelman's concerns regarding the Performing Arts Center. ACTION ON MAYORAL VETOES: There are none. CLAIMS: Councilor Griffiths made a motion to approve claims=inthe,aniount of $8,013; I I*L67. Councilor Rider seconded. There was no Council discussion. Council President Sharp called`for the question. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance; Administration and Rules Committee had-not•met. Councilor Griffiths reported ,thaf the.Land Use, Annexationand Economic-Development Committee met and discussed Ordinance Z-520-08"'and Ordinance Z-52I-68,which were:forwarded.to the Council with °a 4-0 favorable recommendation. They also discussed Ordinance Z-522,-08 which was forwarded to the Council' with proposed amendments with a 4-0 favorable recommendation. 2' Councilor Carter reported that the-Parks, Recreation and.Arts Committee had, met. The, next nice ting will be held on Tuesday November 11, 2008,, Clerk-Treasurer Diana L. Cordray informed Councilor Caner that City Hall would be closed on that-day in observance of Veteran's Day. Councilor Carter responded that lie would set another "date and have the meeting noticed. Councilor Accetturo reported`that.the Utilities,.Transportation•and.Public Safety Committee met and discussed Ordinance D-1914-08,; Ordinance D-1917-08 As Amended and Ordinance D-1918-08 which were forwarded to the'Council with a positive recommendation. OLD BUSINESS Council President Sharp announced the Third Reading of Ordinance D-1914-08; An Ordinance;of the Common Council of the City of Carmel, Indiaoa,.Establishing Worksite Speed. Limits (Carmel City,Code 8-26 Worksite Speed,Linih D'esignationj. Councilor Accetturo referred to Doug Haney, City Attorney, to address the Council. There was no Council discussion. Councilor G'?ifPiths made a motion to approve Ordinance D-1914-08. Councilor Snyder seconded., There wasano Councii,discussion. Council President Sharp called for the question. Ordinance D=1914-08 was adopted 6-0.. Council President Sharp announced'the Third Reading of Ordinance.13-1915-08; An Ordinance of the Common.Council of the City of Carmel,:Indiana,:Fixing! Salarie"s'of Elected Officials of the City of Cannel, Indiana, for the Year 2009. Councilor Griffiths made a motion to approve' Ordinance D-1915-08. Councilor Snyder seconded. There was<no.Council discussion. Ordinance D-1915-08 ryas adopted'5-0 (Councilor Accetturo abstained). Council President Sharp announced.the Second Reading.of Ordinance D-1917-08.As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Funding Agreemenr - West Main Street Sidewalk)- Councilor Accetturo referred to Doug Haney, City Attorney,,tg address the Council. Mayor Brainard addi.essed the Council. There was. Brief Council discussion. CouncilorGriffiths made'a motion to-approve Ordinance f -1'917'08.As Amended. Councilor Snyder seconded. There.was.no Council discussion. Council 'President Sharp called focthe question. Ordinance D-1917-08 As A.nwnded was:adopted 6-0, Council President Sharp announced the Second Reading of Ordinance:13-1918-08; Ari!Ordinance"of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-52 of the Carmel City Code (Snow Removal From Sidewalks Required)'.. Councilor Snyder addressed the Council. Councilor Accetturo made a motion to submit Ordinance:D-1918-08 As Ainended,VERSION A 10-20-08 into business for discussion, Councilor Snyder seconded.. Council President-Sharp reviewed the proposed changes; page 1, lines 1;0, 15, 24 add and ice, line,28 add and/or ice, line 34 strike.One Thousand Dollars (V,000.00) and add Five Hyndred; line •3'5 add Dollars ($500.00). There was no Council discussion. Conned President;Sharp called for the question. The>motion•was approved 5-1 (Councilor Griffiths. opposed). There was brief Council discussion. Councilor Carter referred to Dave Huffman, Street Commissioner; to address=the Council. Mayor Bramard'addressed the Council and requested that Dave Huffman prepare ,a cost estimate to_plow the,City's multi-use paths and present the cost to the Council on November 3, 2008.. Councilor Snyder made a motion to approve Ordinance D-1918-08 As Amended VERSION A 10-26-08. Councilor.Accetturo seconded. There was.no Council discussion. Council President Sharp called for the question. Ordinance D-1918-08 AS.Amended VERSION A.10=20-08 was adopted 4-2 (Councilors Griffiths and Carter opposed). 3' Council President Sharp announced the Third 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 Comer of 1 16°i Strcet & Guilford-Road from the I-1Rndustrial District Classification to the PUD/Planned Unit Development District Classification (1441 S. Guilford). Councilor Griffiths made a motion to'approve'Ordinance Z-520-08. Councilor Snyder seconded. There was no Council.discussion..Council President Sharp called for the question. Ocdinance.Z-520-08 was adopted 6-0. Council President Sharp announced the Third 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 amotion to approve Ordinance Z-521-08. Councilor Rider seconded. There was no Council discussion. Council, President Sharp called for the question. Ordinance Z-521-08 was adopted 6-0. Council President Sharp announced the Second Reading of Ordinance Z-522-08; An Ordinance of the Common Council of the City of Camlcl, Indiana, Rezoning,of 27:37 f Acros.Located on the North Side of 131 ' Street Between US 31 and OId.IvIeridian, Street, Commonly,Known as North Meridian Heights Subdivision and.Properties Addressed as 1230 through 1328 Main Street, Carmel, Indiana;.from the S-2 Residence District Classification to the OM (Old Meridian/Mixed Use) District' and the B=G (Business) District Classification. Councilor Griffiths made "a motion to-approve .Ordinance Z-522-08. Councilor Carter seconded. Councilor Griffiths withdrew his motion. Councilor Carter withdrew hissecond. Councilor Griffiths referred'to Jamie Drowning,.Browding Investments, to. address the Council. 'Mr. Browning submitted Ordinance Z-522-08 As Amended VERSION A 10/20/08 with a proposed amendment io add Exhibit B - Commitments. Councilor Griffiths made a-motion to accept Ordinance Z-522-08 As Amended VERSION A 10/20/08 and read, the. proposed amendments. Councilor Carter seconded. There was no Council discussion. Council President-Sharp called for the question. The motion was approved 6-0. Councilor Griffiths.made a:motion to approve Ordinance Z7522709 As Amended VERSION A 10/20/08. Councilor Carter seconded. 'There was no Council discussion. Council President Sharp called for the question. Ordinance Z=522-08 As Amended VERSION A 10/20/08 was adopted 6-0. PUBLIC HEARINGS Council President Sharp announced Resolution CC-10.20-08-01; A Resolution'of the Common Council of the. City of Carmel, Indiana,.Approving a Ten-Year (10) Personal Property Tax Abatement for Software Engineering Professionals; Inc. (71611 Norlh Meridir h Street). Councilor Griffiths made a motion to move this item into business. Councilor, Snyder seconded and referred to Richard Rowley, GINOVUS, to present this item to Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 7:06 p.m. Seeing no one who wished wspeak; Council President. Sharp closed the Public Llearing at 7:06:30 p.m. Councilor Griffiths made a motion to approve Resolution CC-10-20-08-01. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. Resolution CC-1.0-20-08=01 was adopted 6=0. NEW BUSINESS Council'President Sharp announced Resolution CC-I0-20-08-02; A?Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds,.in fhe 2008 Police,'Fire, Engineer and 4 Street Department Budgets (8733.500 Gasoline}', Couneilot.Griffi[hs made a motion to move this item into business. Councilor Rider seconded and referred 'to Carmel Fire Chief, Keith Smith, to present this item to Council. Mayor Brainard addressed the Council. Councilor Griffiths made a motion to approve Resolution CC-10-20-08-02. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. Resolution CC-10-20-08-02,was adopted 6-0. Council President Sharp announced Resolution CC-10-20-08-03;, A Resolution of the Common Council of the City of Carmel, Indiana, Designating an Economic Revitalization Area (Tax Abatement for Interactions Corporation, 14390 Clay Terrace Boulevard,.Suite 205, EightYear (8).Personal Property and Real Property). Councilor Snyder requested that this item be Tabled.. There was no objection from the Council. OTHER BUSINESS ANNOUNCEMENTS Council President Sharp informed the Council and the citizens that wSpecial C'ouncil?meeting would not be held on Wednesday, October 22, 2008,at 6;00,p.m. The Keystone Avenue project presentation would be placed on the Council agenda.for Monday; November 3, 2008. Mayor Brainard addressed the Council and invited _Doug Haney, City Attorney, to discuss the proposed 1?roper?notice of this Special Meeting. Council President Sharp did not recognize the city attorney. There was additional Council discussion. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 7:22 p.m. Respectfully submitted, Clerk-Treasurer Diana L. dray, LAMC Approved; f; - or, James Brainard ATTEST- C?? Kl( ? Clerk-Treasurer Diana.L. Cordray,J C I rOOJOS CC; Mceting iMmums.