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Home My WebLink AboutCCM-06-20-11Office of the Clerk Treasurer City of C rmel COMMON COUNCIL MEETING AGENDA MONDAY, JUNE 20, 2011 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. June 6, 2011 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 d. Detail of Wire Transfers for May, 2011 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 1 10. OLD BUSINESS a. Eighth Reading of Ordinance D- 2030 -11, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Service, Rates and Charges for the Collection and Sanitary Disposal of Residential Solid Waste and Yard Waste, Including Recycling Services; Sponsor(s): Councilor(s) Sharp and Seidensticker. Remains in the Finance, Administration and Rules Committee. b. Second Reading of Ordinance Z- 550 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing The Bridges Planned Unit Development District (Located at the Southeast Corner of 116' Street and Spring Mill Road); Sponsor(s) Griffiths, Rider, Seidensticker, Sharp and Snyder. 11. PUBLIC HEARINGS 12. NEW BUSINESS 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 06/20/11 CC Mccting ilgcnda a. Resolution CC- 06- 06- 11 -03; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten -Year Personal Property Tax Abatement for Belden, Inc. Located at 401 Pennsylvania Parkway; Sponsor(s): Councilor(s) Sharp and Carter. 2 1 1 1 COMMON COUNCIL MEETING MINUTES MONDAY, JUNE 20, 2011 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Council President W. Eric Seidensticker, Council Members Richard 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. Mayor James Brainard was not in attendance. Councilor Snyder called the meeting to order at 6:02 p.m. Reverend Timothy Cook, Christ Community Church, pronounced the Invocation. Councilor Snyder led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Griffiths made a motion to approve minutes from the June 6, 2011 Regular Meeting. Councilor Rider seconded. There was no Council discussion. Councilor Snyder called for the vote. Minutes were approved 6 -0 (Council President Seidensticker was not present). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Phil Squier, 1315 Lawrence Road, Carmel, IN, (attachment 1), addressed the Council opposed to Ordinance D- 2030 -11 As Amended (Establishing Service, Rates and Charges for the Collection and Sanitary Disposal of Residential Solid Waste including Recycling Services). Council President Seidensticker arrived at 6:08 p.m. and claimed the gavel from Councilor Snyder. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS: There were none. ACTION ON MAYORAL VETOES: There were none. 1 1 CLAIMS: Councilor Griffiths made a motion to approve claims in the amount of $1,305,855.46. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Claims were approved 7 -0. Detail of Wire Transfers for May, 2011. Councilor Griffiths made a motion to acknowledge wire transfers in the amount of $1,065,716.26. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Wire transfers were acknowledged 7 -0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee met on June 16, 2011 and discussed Carmel's Tax Abatements. The committee report will be given under Other Business. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met on June 9, 2011 and June 20, 2011 and discussed Ordinance Z- 550 -11 which was forwarded back to Council with a favorable recommendation. The committee report will be given when this item appears on the agenda. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Council President Seidensticker announced the Eighth Reading of Ordinance D- 2030 -11, As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Service, Rates and Charges for the Collection and Sanitary Disposal of Residential Solid. Waste and Yard Waste, Including Recycling Services; Sponsor(s): Councilor(s) Sharp and Seidensticker. Remains in the Finance, Administration and Rules Committee. Council President Seidensticker and Councilor Snyder discussed the survey that is now available on the City of Carmel's web page (Utilities /Trash and Recycling Survey), and also will be included in the forthcoming water /sewer bill. Council President Seidensticker announced the Second Reading of Ordinance Z- 550 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing The Bridges Planned Unit Development District (Located at the Southeast Corner of 116` Street and Spring Mill Road). Councilor Sharp presented the Land Use, Annexation and Economic Development Committee report to the Council and reviewed the proposed conditions provided by the developer. Councilor Sharp made a motion to incorporate the proposed conditions prepared by Nelson Frankenberger to enact PUD Ordinance Z -550 -11 as an attachment to Ordinance Z- 550 -1.1 (Exhibit 15). Councilor Snyder seconded. There was brief Council discussion. Councilor Sharp referred to Charlie Frankenberger, Attorney for Nelson Frankenberger, 3105 E. 98 Street, Suite 170, Indianapolis, IN representing the petitioner. Council President Seidensticker called for the vote. The motion was approved 7 -0. Charlie Frankenberger addressed the Council and suggested that text be added to the signature page to read as follows: Subject to the conditions attached as Exhibit 15. Councilor Sharp made a motion to approve Ordinance Z- 550 -11 subject to the conditions of approval which are attached as Exhibit 15 to the ordinance. Councilor Griffiths seconded. There was brief Council discussion. Council President Seidensticker called for the vote. Ordinance Z- 550 -11 was adopted 6 -1 (Councilor Carter opposed). 2 1 1 PUBLIC HEARINGS Council President Seidensticker announced Resolution CC- 06- 20- 11 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Ten -Year Personal Property Tax Abatement for Belden, Inc. Located at 401 Pennsylvania Parkway. Councilor Sharp made a motion to move this item into business. Councilor Griffiths seconded. Councilor Sharp presented this item to the Council. There was no Council discussion. Council President Seidensticker opened the Public Hearing at 6:32 p.m. Tim Monger, Cassidy Turley, addressed the Council in favor of Resolution CC- 06- 20- 11 -01. Seeing no one else who wished to speak, Council President Seidensticker closed the Public Hearing at 6:35 p.m. There was no Council discussion. Councilor Sharp made a motion to approve Resolution CC- 06- 20- 11 -01. Councilor Griffiths seconded. There was no Council discussion. Council President Seidensticker called for the vote. Resolution CC -06- 20- 1 1 -01 was adopted 7 -0. NEW BUSINESS There was none. OTHER BUSINESS Councilor Snyder presented the Finance, Administration and Rules Committee meeting to the Council. The Committee discussed the following three companies who were sent a certified letter of non- compliance: Baker Hill Corporation. There was brief Council discussion. Councilor Rider made a motion to suspend the tax abatement for Baker Hill for one year. Councilor Accetturo seconded. There was no Council discussion. Council President Seidensticker called for the vote. The motion to suspend the tax abatement for one (1) year was approved 7 -0. DORMIR LLC. There was brief Council discussion. Leslie Wagner, GINOVUS, 8888 Keystone Crossing, Suite 1450, Indianapolis, IN 46240, representing DORMIR LLC, addressed the Council. There was brief Council discussion. Council President Seidensticker referred DORMIR LLC back to the Finance, Administration and Rules Committee for further review and consideration and suggested that GINOVUS attend the meeting. The next Finance, Administration and Rules Committee meeting will be held on Thursday, July 21, 2011 at 5:30. Pharmakon. Councilor Sharp made a motion to accept the recommendation of the Finance, Administration and Rules Committee to allow the continuance of the tax abatement for Pharmakon. Councilor Rider seconded. There was brief Council discussion. Council President Seidensticker called for the vote. The motion to allow the tax abatement was approved 7 -0. Clerk Treasurer Diana L. Cordray informed the Council that the CF -1 form states that the City Council must take an official action by resolution if a tax abatement is suspended. The resolution must be added to a Council agenda. Council President Seidensticker requested the resolution be prepared by the department of law and placed on the June 30, 2011 Special Meeting agenda. ANNOUNCEMENTS There were none. 3 EXECUTION OF DOCUMENTS I ADJOURNMENT Council President Seidensticker adjourned the meeting at 6:59 p.m. ATTEST: Clerk- Treasurer Diana L. Cordra 06 /20 /11 CC Meeting Minutes Respectfully submitted, Approved, Clerk Treasurer Diana L. Cordr: v IAMC ayor James Brainard Phil S wer From: "Phil Squier" <philsquier3 @iquest.net> To: "SQUIER, Phil" <philsquier3 @iquest.net> Sent: Monday, June 20, 2011 11:02 AM Subject: Ordinance 2030 -11 My name is PhD Squier. I live at 1315 Lawrence Road, Carmel. come before you in opposition of Ordinance 2030-11. Unfortunately, due to personal health reasons, I have not been able to attend recent meetingson this Ordinance. This Ordinance should not be passed for the very simple reason that it is an unwarranted and unjustified government encroachment on our right of association and it is an affront to the American free enterprise system. Ordinance 2030 11, infringes on my personal freedom guaranteed to me by the First Amendment by dictating with whom I may conduct business. Will City Hall soon be dictating from whom I may buy my groceries, my gas; who will service my garden, my house? No doubt the same argument would be used.. undoubtedly the massive semis that deliver supplies to all the different Grocery stores in Carmel undoubtedly put as much wear and tear on the streets as do trash pickup trucks... probably more if the truth were known. I choose to do business with Ray's Trash Service, Inc. an Indiana company which is owned and operated by Indiana residents taxpayers since 1965. Republic Trash Services, on the other hand, services 40 states and Puerto Rico. They were incorporated in Delaware and their executive offices are located in Phoenix, Arizona. Supporting Indiana business aside, I prefer to have Ray's Trash Service as my trash collector because they allow me to use plastic trash bags. I don't generate that much trash so usually one 39 gallon bag per week is all 1 have. I am able to easily get that bag to the end of my driveway the night before pick up and then... that's it. 1 have no big trash can to lug down to the curb and, even m ore importantly, I do not have to make a second trip down a frequently icy driveway in the cold Indiana winter to retrieve an empty trash can. Hopefully you will all, some day, be senior citizens and you may very well find yourselves in a similar situation. Slip sliding up and down driveways to out a big trash can on rollers and then slip sliding down and up again to retrieve the empty can be a life threatening venture. Just ask my neighbors who have ended up in Emergency with broken bones, dislocated hips, etc., as a result of driveway falls.. on ice. Ladies and gentlemen, as holders of public office, you have the immense privilege and responsibility to enact laws that protect our safety and our rights. The rebellion that gave birth to our nation started as a protest against infringements that the British felt were relatively minor. We are reminded that government infringement, no matter how small, should always be taken seriously and viewed critically. Here, there is simply no tenable public justification for this Ordinance and it absolutely should not be passed. Thank you. Page 1 of 2 6/20/2011