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HomeMy WebLinkAboutCCM-07-20-09 C 0! Cg City of Carmel Office of the COMMON COUNCIL Clerk Treasurer MEETING AGENDA MONDAY, JULY 20, 2009 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 July 6, 2009 Executive Session b July 6 2009 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 a Payroll b 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, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL INDI 1NA 4603 317/571 2414 1 10 OLD BUSINESS a Second Reading of Ordinance D- 1947 -09, An Ordinance of the Common Council of the City of Carmel Indiana Removing Chapter 2, Article 4, Section 2 128 from the Carmel City Code (Bt ookslttre Crty Golf Course Fund #903), Sponsor Councilor Seidensticker (Sent to the Finance. Administration and Rules Committee 7/16/09) b Second Reading of Ordinance D- 1948 -09 An Ordinance of the Common Council of the City of Carmel, Indiana Adding Chapter 8, Article 5, Section 8- 47(s)(38) to the Carmel City Code No Parking At eas) Sponsor Councilor Seidensticker (Sent to the Utilities Transportation and Public Safety Committee 7/13/09) c Third Reading of Ordinance Z-528 -09 An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Z 344 00 146 Street and Keystone Avenue Planned Unit Development District Ordinance (1 7 acres located at the Southeast cotner of 146 Street and Lowe s Way) Sponsor Councilor Rider (Sent to the Land Use, Annexation and Economic Development Committee 7/15/09) d Third Reading of Ordinance Z-529 -09, An Ordinance of the Common Council of the City of Carmel, Indiana, Changing Zoning Distnct Classification from R 4 to PUD Zoning Distnct (1 7 an es located at the Southeast coiner of 146 Street and Lowe s Way from R- 4/Restdence to PUD /Planned Una Development), Sponsor Councilor Rider (Sent to the Land Use Annexation and Economic Development Committee 7/15/09) e Second Reading of Ordinance Z- 530 -09, An Ordinance of the Common Council of the City of Cannel Indiana, Updating a Vanety of Provisions of the Carmel Zoning and Subdivision Control Ordinances Sponsor Councilor Rider (Sent to the Land Use, Annexation and Economic Development Committee 7/15/09) f Resolution CC- 05- 04 -09 -01 A Resolution of the Common Council of the City of Carmel, Indiana Expressing Interest in the Purchase of Certain Properties valued at over $25 000 and Associated with the City s Road Improvement Projects (43 Ptoperttes), Sponsor Councilor Rider (Remains m the Land Use. Annexation and Economic Development Committee 7/15/09) 11 PUBLIC HEARINGS 12 NEW BUSINESS a First Reading of Ordinance D- 1949 -09, An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 2, Article 4, Section 2- 129(b)(4)(a)(b) Non Reverting Keystone Avenue Improvement Fund #920, Sponsor(s) Councilor(s) Accetturo Seidensticker, Sharp and Snyder 2 b First Reading of Ordinance D- 1950 -09, An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning the Construction of Additions and hnprovements to the Sewage Works of the City of Carmel, Indiana, Authonzing the Issuance of Revenue Bonds for such Purpose, Addressing other matters Connected Therewith, and Repealing Ordinances Inconsistent Herewith (Revenue Bond $5 894 000), Sponsor Councilor Seidensticker c First Reading of Ordinance D- 1951 -09, An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 3 Division V Section 9 -171 of the Carmel City Code (Sewer Charges), Sponsor Councilor Seidensticker d Resolution CC- 07- 20- 09 -01, A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Purchase of Real Property (11 76 Acres East of Hazel Dell Pat Say and South of 116` Street) Sponsor Councilor Carter e Resolution CC- 07- 20- 09 -02, A Resolution of the Common Council of the City of Carmel, Indiana, Disbursing Arts Fund Monies (Central Indiana Dance Ensemble $11 700), Sponsor Councilor Seidensticker 13 OTHER BUSINESS 14 ANNOUNCEMENTS 15 EXECUTION OF DOCUMENTS 16 ADJOURNMENT 07/20/09 C. M Ling Agenda 3 COMMON COUNCIL i MEETING MINUTES MONDAY, JULY 20, 2009 6 00 P M COUNCIL CHAMBERS /CITY HALL /ONE C1VIC SQUARE MFMBERS PRESENT Mayor James Brainard Council President W Enc Seidcnstickcr, Council Members Richard L Sharp John V Accetturo, Luci Snyder, Joseph C Gnffiths Ronald E Carter, Clerk- Treasurer Diana L Cordray and Deputy Clerk Treasurer Lois Fine Councilor Rider was not in attendance Mayor Brainard opened the meeting at 6 01 p m Rabbi Adland, Indianapolis Hebrew Congregation pronounced the Invocation Mayor Brainard led the Pledge of Allegiance RECOGNITION OF CiTY EMPLOYEES AND OUTSTANDING CITIZENS There were none APPROVAL OF MINU TES Councilor Gnffiths made a motion to approve Minutes from the July 6 2009 Executive Session Councilor Snyder seconded There was no Council discussion Council President Seidensticker called for the vote Minutes were approved 5 -0 (Councilor Sharp abstained) Councilor Griffiths made a motion to approve Minutes from the July 6, 2009 Regular Meeting Councilor Snyder seconded There was no Council discussion Council President Scidensticker called for the vote Minutes were approved 5 0 (Councilor Sharp abstained) RECOGNITION OF PERSONS WHO WiSH TO ADDRESS THE COUNCIL There were none COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS Councilor Snyder asked for clanfication from Councilor Carter regarding the minutes of the Carmel Redevelopment Commission that states that the Carmel Redevelopment Authority approved a resolution to add Keystone Avenue to the list of road projects for the 2006 Bond Councilor Snyder stated that as of today nothing has been presented to the Council for approval to add Keystone to the 2006 Bond project Councilor Carter referred to Mayor Brainard to respond to Councilor Snyder Mayor Brainard responded 1 that he had asked the attorney that was involved with those Bond documents and he had advised him that he thought it could be done 1 Councilor Accetturo also discussed the minutes of the Carmel Redevelopment Commission that states that the Cannel Redevelopment Commission had approved a grant to the Carmel Performing Arts Center Foundation in the amount of $400,000 He requested Council President Seidensticker hire outside legal Counsel and for the Cannel Ethics Board to investigate this matter Mayor Brainard Nancy Heck Director of Community Relations, and Doug Haney, City Attorney, are the Foundation Board members Councilor Sharp asked for clanfication from Councilor Carter regarding the report given by Bill Hamner Carmel Redevelopment Commission member, at the Council meeting held on Monday, July 6 2009 regarding TIF revenue Councilor Sharp requested verification of the $1,600 000 increase in the first half year s collection and the pool loan program ($8,500 000 available) Councilor Carter addressed Councilor Sharp Mayor Brainard responded to Councilor Accetturo Councilor Sharp addressed Mayor Brainard for venfication that the Main Stage Theatre, Black Box Theatre, Performance Theatre and the Small Theatre are still included in the project plans The Bond document states that the Small Theatre will be open when the Performing Arts Center opens and Councilor Sharp asked for confirmation from Mayor Brainard that this would happen Mayor Brainard addressed the Council Councilor Sharp also asked Mayor Brainard for the amount that the Foundation had raised to date Mayor Brainard stated that he did not have the total amount at that moment 1 Councilor Accetturo informed the Council that he had requested and received the 2006 and 2007 tax retums for the Performing Arts Center Foundation Councilor Accetturo stated he had also requested the 2008 tax return for the Foundation and he will report back to the Council with the amount of money that has been raised to date Councilor Sharp stated that the $1,000,000 $1,500,000 raised by the Foundation had been committed to the Carmel Redevelopment Commission as reimbursement for the cost associated with the oculus ACTION ON MAYORAL VETOES There were none CLAIMS Councilor Gnffiths made a motion to approve claims in the amount of $3,675,851 28 Councilor Carter seconded There was no Council discussion Council President Seidensticker called for the vote Claims were approved 6 -0 COMMITTEE REPORTS Councilor Snyder reported that the Finance, Administration and Rules Committee met and discussed 1 Ordinance D -1947 09 which was forwarded with a 3 -0 favorable recommendation to the Council with proposed amendments The committee also discussed the KPMG report Mike McBride, City Engineer, presented Mayor Brainard's wntten response regarding the Keystone project 2 Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met and 1 a presentation was made by Jeff Burt Hanulton County Alliance The committee also discussed Ordinance Z -528 09 and Z- 529 -09 which will remain in committee per a request from the developer They also discussed Ordinance Z 530 -09 which was forwarded to the Council with a favorable recommendation Also discussed was Resolution CC -05 04 09 -01 which was forwarded to the Council with a favorable recommendation Councilor Sharp referred to Nick Churchill Pittman Partners, to address the Council regarding a scnvener's error in Ordinance Z 527 09 (Aramore PUD) that was adopted on 6/15/09 Councilor Sharp referred to Doug Haney, City Attorney, for clarification Mr Haney will report back to the Council at their next meeting Parks Recreation and Arts Committee No report was given Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance D- 1948 -09 which was forwarded to the Council with a favorable recommendation OLD BUSINESS Council President Seidensticker announced the Second Reading of Ordinance D- 1947 -09 An Ordinance of the Common Council of the City of Carmel, Indiana Removing Chapter 2, Article 4, Section 2 -128 from the Carmel City Code (Broobshu e City Golf Course fund #905) Councilor Snyder addressed the Council and made a motion to amend Ordinance D -1947 09 to add the following at the end of line 29 1: is the intent of this Council to return this money to the General Fund with the understanding 1 that it shall be used for the purchase or lease of a new irrigation system for Brookshire Golf Course Councilor Gnffiths seconded There was no Council discussion Council President Seidensticker called for the vote The motion was approved 6 -0 Councilor Gnffiths made a motion to approve Ordinance D 1947 09 As Amended Councilor Snyder seconded There was no Council discussion Council President Seidensticker called for the vote Ordinance D- 1947 -09 As Amended was adopted 6 -0 Council President Seidensticker announced the Second Reading of Ordinance D- 1948 -09, An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8 47(s)(38) to the Carmel City Code Pm king Ai eas) Councilor Gnffiths addressed the Council and referred to Mike McBnde, City Engineer to address the Council Councilor Gnffiths made a motion to approve Ordinance D- 1948 -09 Councilor Snyder seconded There was no Council discussion Council President Seidensticker called for the vote Ordinance D- 1948 -09 was adopted 6 -0 Third Reading of Ordinance Z- 528 -09 An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Z- 344 -00 146 Street and Keystone Avenue Planned Unit Development Distnct Ordinance (1 7 acres located at the Southeast corner of 146 Street and Lowe s Way), Sponsor Councilor Rider (Sent to the Land Use, Annexation and Economic Development Committee 7/15/09) This item was not discussed Third Reading of Ordinance Z- 529 -09, An Ordinance of the Common Council of the City of Carmel, Indiana, Changing Zoning Distnct Classification from R -4 to PUD Zoning District (1 7 aces located at 1 the Southeast cornet of 146 Street and Lowe s Way from R -4 /Residence to PUD /Planned Unit Development) Sponsor Councilor Rider (Sent to the Land Use Annexation and Economic Development Committee 7/15/09) This item was not discussed 3 Council President Seidensticker announced the Second Reading of Ordinance Z- 530 -09, An Ordinance of the Common Council of the City of Carmel Indiana, Updating a Vanety of Provisions of the Carmel 1 Zoning and Subdivision Control Ordinances Councilor Sharp addressed the Council Councilor Griffiths made a motion to approve Ordinance Z 530 -09 Councilor Snyder seconded There was no Council discussion Council President Seidensticker called for the vote Ordinance Z- 530 -09 was adopted 6 -0 Council President Seidensticker announced Resolution CC- 05- 04- 09 -01, A Resolution of the Common Council of the City of Carmel, Indiana, Expressing Interest in the Purchase of Certain Properties valued at over $25,000 and Associated with the City s Road Improvement Projects (43 Properties) Councilor Sharp addressed the Council and read IC 36 1 -10 5(5) to the Council and made a motion to amend this Resolution to remove the verbiage on page 2, lines 62 -64, item #9 Councilor Snyder seconded There was no Council discussion Council President Seidensticker called for the vote The motion was approved 5 0 (Councilor Griffiths was not present) There was no Council discussion Council President Seidensticker called for the question Resolution CC- 07- 20 -09 -03 As Amended (Formerly Resolution CC 05 -04 -09 01) was adopted 6 0 PUBLIC BEARINGS There were none NEW BUSINESS Council President Seidensticker announced the First Reading of Ordinance D- 1949 -09, An Ordinance 1 of the Common Council of the City of Cannel, Indiana, Amending Carmel City Code Chapter 2, Article 4, Section 2- 129(b)(4)(a)(b), Non Reverting Keystone Avenue Improvement Fund #920 Councilor Griffiths made a motion to move this item into business Councilor Snyder seconded Councilor Snyder presented this item to Council There was bnef Council discussion Mayor Brainard addressed the Council Council President Seidensticker referred Ordinance D 1949 09 to the Finance, Administration and Rules Committee for further review and consideration Council President Seidensticker announced the First Reading of Ordinance D- 1950 -09, An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning the Construction of Additions and Improvements to the Sewage Works of the City of Camel Indiana, Authonzing the Issuance of Revenue Bonds for such Purpose Addressing other matters Connected Therewith, and Repealing Ordinances Inconsistent Herewith (Revenue Bond $5 894 000) Councilor Gnffiths made a motion to move this item into business Councilor Snyder seconded Councilor Snyder presented this item to Council and referred to John Duffy, Director of Utilities, to address the Council There was bnef Council discussion Council President Seidensticker referred Ordinance D- 1950 -09 to the Finance, Administration and Rules Committee for further review and consideration Council President Seidensticker announced the First Reading of Ordinance D- 1951 -09, An Ordinance of the Common Council of the City of Carmel Indiana Amending Chapter 9, Article 3, Division V, Section 9 171 of the Carmel City Code (Sewer Charges) Councilor Snyder made a motion to move this item into business Councilor Gnffiths seconded Councilor Snyder presented this Item to Council and 1 referred to John Duffy, Director of Utilities, to address the Council There was no Council discussion Council President Seidensticker referred Ordinance D 1951 09 to the Finance, Administration and Rules Committee for further review and consideration 4 Council President Seidensticker announced Resolution CC- 07- 20- 09 -01, A Resolution of the Common Council of the City of Carmel Indiana, Regarding Purchase of Real Property (11 76 Acres East of Hazel 1 Dell Pmkwav and South of 116 Street) Councilor Gnffiths made a motion to move this item into business Councilor Carter seconded Councilor Carter presented this item to Council and referred to John Duffy Director of Utilities to address the Council There was bnef Council discussion Council President Seidensticker referred Resolution CC -07 -20 09 -01 to the Utilities, Transportation and Public Safety Committee for further review and consideration Council President Seidensticker announced Resolution CC- 07- 20- 09 -02, A Resolution of the Common Council of the City of Carmel Indiana Disbursing Arts Fund Monies (Central Indiana Dance Ensemble $11 700) Councilor Gnffiths made a motion to move this item into business Councilor Snyder seconded Councilor Carter recused himself and left the dais Mayor Brainard presented this item to Council Council President Seidensticker referred to Suzann DeLay Artistic Director, Central Indiana Dance Ensemble, 1142 Linden Lane, Carmel IN, to address the Council There was biief Council discussion Mayor Brainard addressed the Council Council President Seidensticker referred to Tami Hall Treasurer Central Indiana Dance Ensemble, 12897 Queens, Carmel, IN, to address the Council There was brief Council discussion Councilor Sharp made a motion to amend the amount for disbursement from $11,700 to $3 500 Councilor Snyder seconded There was no Council discussion Council President Seidensticker called for the vote The motion to amend was approved 4 -1 (Councilor Gnffiths opposed) Councilor Sharp made a motion to approve Resolution CC 07 20 09 02 As Amended Councilor Snyder seconded There was no Council discussion Council President Seidensticker called for the vote Resolution CC- 07- 20 -09 -02 As Amended was adopted 4 -1 (Councilor Griffiths opposed) 1 OTIiER BUSINESS There was none ANNOUNCEMENTS Councilor Sharp informed the Council and citizens that the Carmel Repertory Theatre would be presenting 'Oliver' at the Clay Middle School Theatre on July 24, 25 26 and 31 and August 1 and 2nd To make reservation, please call 767 -3973 Councilor Gnffiths announced Carmel s own 'Dancing with the Stars winner was Carmel firefighter Tim Griffin Clerk Treasurer Diana L Cordray informed the Council and Citizens that an employee of our IT department has a son that is a very successful and talented choreographer that recently appeared on the "So You Think You Can Dance" television show EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 7 56 p m 5 Respectfully submitted 1 Clerk Treasurer Diana L Cordray IAM Approved, J y or Tames Brainard ATTEST A Clerk Treasurer Diana L Cordray 1 C 1 1 07P0 0) CC Meatmg Mingo 6