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Office of the
Clerk-Treasurer COMMON COUNCIL
MEETING AGENDA
MONDAY, NOVEMBER 4, 2013 - 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. October 21, 2013 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
e. Report from the Council Appointee to the Redevelopment Commission
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414
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10. OLD BUSINESS
a. Thirteenth Reading of Ordinance D-2137-13; An Ordinance of the Common Council of
the City of Carmel, Indiana, Amending and Restating Certain City Code Sections Relating
to Bicycle Use Within the City's Corporate Limits (6-63 Regulation of Vehicular Use on
Sidewalks, Multi-Use Paths, and Bicycle Lanes; 8-29 One-Way Streets and Alleys; 8-40
Operation of Vehicles in Roadways Where Bicycles are Present; 8-41 Operation of
Vehicles in Roadways with Bicycle Lanes; 8-46 General Parking Restrictions); Sponsor:
Councilor Carter.
b. Fifth Reading of Ordinance D-2144-13; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 131(b)(c)(d)(e)(f)
"Support for the Arts Fund#504" of the Carmel City Code; Sponsor(s): Councilor(s)
Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules
Committee.
c. Third Reading of Ordinance D-2154-13; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing a Department of Storm Water Management and a
Storm Water District, and Adopting and Approving Storm Water User Fees; Sponsor(s):
Councilor(s) Rider and Snyder. Remains in the Utilities, Transportation and Public Safety
Committee and the Finance, Administration and Rules Committee.
d. Third Reading of Ordinance Z-580-13; An Ordinance of the Common Council of the
City of Carmel, Indiana, Extending the Sunset Provision on the Process for Demolition of
Contributing Buildings in the Old Town District Overlay Zone in the Carmel Zoning
Ordinance; Sponsor: Councilor Rider.
e. Third Reading of Ordinance Z-581-13; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the Atapco (34 Acres on the Northeast and
Southeast Corners of Carmel Drive and Guilford Road) Redevelopment Planned Unit
Development District; Sponsor: Councilor Rider.
f. Resolution CC-09-17-12-01; A Resolution of the Common Council of the City of
Carmel, Indiana, Amending the Cannel Clay Comprehensive Plan "C3 Plan 2009"
Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use,
Annexation and Economic Development Committee.
g. Resolution CC-10-07-13-02; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving Issuance of Bonds of the City of Cannel Redevelopment
District (Funding the Illinois Street Project and Refunding for Debt Service -
$15,100,000); Sponsors: Councilors Sharp, Carter, Finkam, Rider, Schleif, Seidensticker
and Snyder. Remains in the Finance, Administration and Rules Committee (11/4/13).
11. PUBLIC HEARINGS
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12. NEW BUSINESS
a. First Reading of Ordinance D-2156-13; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the City to Issue its Taxable Economic Development
Revenue Bonds, Series 2013 ($12,000,000) (Legacy Project); Sponsor: Councilor Snyder.
b. First Reading of Ordinance D-2157-13; An Ordinance of the Common Council of the
City of Carmel, Indiana ("CITY"), Amending Carmel City Code Chapter 4, Article 3,
Sections 4-71 (Definitions), 4-72 (Alarm System Permit Required), 4-73 (Application for
Alarm System Permit), 4-74 (Issuance of Alarm System Permit), 4-77 (Prohibited
Activity), 4-78 (Enforcement), 4-80 (Automatic Dialing Devices Prohibited); Sponsor:
Councilor
c. First Reading of Ordinance D-2158-13; An Ordinance of the Common Council of the
City of Carmel, Indiana, Approving the Appropriation of Monies from the City of Carmel,
Indiana, General Fund for Purchase of the Brookshire Swimming Facility($70,000);
Sponsor(s): Councilor(s) Rider, Sharp and Finkam.
d. First Reading of Ordinance 0-2159-13; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing Certain Speed Limits on City Streets (8-22
(26); 40 mph -Illinois Street from 106th Street to 116th Street); Sponsor: Councilor Sharp.
e. First Reading of Ordinance D-2160-13; An Ordinance of the Common Council of the
City of Cannel, Indiana, Authorizing and Approving an Additional Appropriation of
Funds from the Operating Balance of the General Fund (Total $150,000—
Communications Center Other Contracted Services $100,000; Mayor's Office Other
Accounting Fees $50,000); Sponsor(s): Councilor(s) Snyder and Rider.
f. First Reading of Ordinance Z-583-13; An Ordinance of the Common Council of the
City of Cannel, Indiana, Amending Ordinance Z-576-13 (ADOPTED by Council 9/16/13)
Regarding the Development Requirements of the Cannel Drive—Range Line Road
Overlay Zone in the Cannel Zoning Ordinance. This item is being returned to the Council
from the Plan Commission with a DISAPPROVAL of the Council's Amendments to
Ordinance Z-576-13; Sponsor: Councilor Rider.
g. Resolution CC-11-04-13-01; A Resolution of the Common Council of the City of
Cannel, Indiana, To Ratify and Approve the 2014 Scheduled Increase in the Cannel Parks
and Recreation Impact Fee (From $1,679 to $1,847)
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENT
16. ADJOURNMENT
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96 Seidensticker presented Ordinance Z-576-13 As Amended, VERSION A, to the Council for discussion
97 and consideration. There was no Council discussion. Councilor Seidensticker made a motion to amend
98 Ordinance Z-576-13. Councilor Schleif seconded. There was no Council discussion. Council President
99 Sharp called for the vote. The motion was approved 6-1 (Councilor Carter opposed). Councilor
100 Seidensticker made a motion to approve Ordinance Z-576-13 As Amended. Councilor Schleif seconded.
101 There was no Council discussion. Council President Sharp called for the vote.
102 Ordinance Z-576-13 As Amended was adopted 6-1 (Councilor Carter opposed).
103
104 Council President Sharp announced the Fourth Reading of Ordinance Z-577-13; An Ordinance of the
105 Common Council of the City of Carmel, Indiana, Amending and Consolidating Commercial Landscape
106 Requirements. Councilor Seidensticker presented the Land Use, Annexation and Economic Development
107 Committee report to the Council. This item was referred back to the full Council with proposed
108 amendments. Councilor Seidensticker presented Ordinance Z-577-13 As Amended, VERSION A, to the
109 Council for discussion and consideration. There was no Council discussion. Councilor Seidensticker
110 made a motion to amend Ordinance Z-577-13, substituting in whole Ordinance Z-577-13 As Amended,
111 VERSION A, 09/16/2013. Councilor Rider seconded. There was brief Council discussion. Council
112 President Sharp called for the vote. The motion was approved 7-0. Councilor Schleif requested that this
113 item be tabled to allow the Department of Community Services to explore and offer their thoughts on
114 increasing the buffer between residential and commercial developments. There was brief Council
115 discussion. Without objection from the Council, Council President Sharp Tabled this item until
116 October 7, 2013.
117
118 Council President Sharp announced the Third Reading of Ordinance Z-578-13; An Ordinance of the
119 Common Council of the City of Carmel, Indiana, Amending Ordinance Z-574-13 (FAILED by Council
120 7/1/13) Regarding the Procedures and Development Requirements for Planned Unit Developments
121 (PUD's). This item is being returned to the Council from the Plan Commission with a DISAPPROVAL
122 of the Councils rejection of Ordinance Z-574-13. Councilor Seidensticker presented the Land Use,
123 Annexation and Economic Development Committee report to the Council. This item was referred back to
124 the full Council with proposed amendments. Councilor Seidensticker made a motion to amend Ordinance
125 Z-578-13, substituting in whole Ordinance Z-578-13 As Amended, VERSION B, 09-16-2013. Councilor
126 Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. The
127 motion was approved 6-1(Councilor Finkam opposed). There was brief Council discussion. Council
128 President Sharp referred to Assistant City Attorney, Ashley Ulbricht, to address the Council. Councilor
129 Seidensticker made a motion to approve Ordinance Z-578-13 As Amended. Councilor Schleif seconded.
130 There was no Council discussion. Council President Sharp called for the vote.
131 Ordinance Z-578-13 As Amended was adopted 6-1 (Councilor Finkam opposed).
132
133 Council President Sharp announced Resolution CC-09-17-12-01; A Resolution of the Common Council
134 of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan"C3 Plan 2009"
135 Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and
136 Economic Development Committee. This item was not discussed.
137
138 PUBLIC HEARINGS
139
140 Council President Sharp announced the Third Reading of Ordinance D-2146-13; An Ordinance of the
141 Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional
142 Appropriation of Funds from the Operating Balance of the General Fund ($8,167,383). There was no
143 Council discussion. Council President Sharp opened the Public Hearing at 6:40 p.m. Seeing no one who
144 wished to speak, Council President Sharp closed the Public Hearing at 6:41 p.m. Councilor Snyder made
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COMMON COUNCIL
MEETING MINUTES
MONDAY, NOVEMBER 4, 2013 - 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard, Council President Richard L. Sharp, Council Members Carol Schleif, W. Eric
Seidensticker, Sue Finkam, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk-Treasurer Diana L.
Cordray and Deputy Clerk Lois Craig.
Mayor Brainard called the meeting to order at 6:00 p.m.
Pastor George Ferch, Bethlehem Lutheran Church, pronounced the Invocation.
Mayor Brainard 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 minutes from the October 21, 2013 Regular
Meeting. Councilor Snyder seconded. There was no Council discussion. Council President Sharp
called for the vote. Minutes were approved 6-0 (Councilor Sharp abstained).
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
There were none.
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
Councilor Sharp congratulated the Carmel High School boys and girls cross country teams for their
State Championships this past weekend.
ACTION ON MAYORAL VETOES:
There were none.
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CLAIMS:
Councilor Seidensticker made a motion to approve claims in the amount of$2,572,940.20. Councilor
Snyder seconded. There was no Council discussion. Council President Sharp called for the vote.
Claims were approved 7-0.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee had met and
discussed Resolution CC-10-07-13-01. The committee report will be given when the item appears on
the agenda. The next meeting will be held on Thursday, November 21, 2013 at 5:30 p.m.
Councilor Seidensticker reported that the Land Use, Annexation and Economic Development
Committee had met and discussed Ordinance Z-580-13 and Ordinance Z-581-13. The committee
report will be given when the items appear on the agenda. The next meeting will be held on Tuesday,
November 26, 2013 at 5:30 p.m.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. A committee
report will be given on Ordinance D-2137-13 when the item appears on the agenda.
Councilor Finkam reported that the Utilities, Transportation and Public Safety Committee had not met.
Report from the Council Appointee to the Redevelopment Commission. No one was available to
present a report.
OLD BUSINESS
Council President Sharp announced the Thirteenth Reading of Ordinance D-2137-13; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending and Restating Certain City Code
Sections Relating to Bicycle Use Within the City's Corporate Limits (6-63 Regulation of Vehicular
Use on Sidewalks, Multi-Use Paths, and Bicycle Lanes; 8-29 One-Way Streets and Alleys; 8-40
Operation of Vehicles in Roadways Where Bicycles are Present; 8-41 Operation of Vehicles in
Roadways with Bicycle Lanes; 8-46 General Parking Restrictions). Councilor Carter presented the
Parks, Recreation and Arts Committee report to the Council. This item was referred back to the
Council with proposed amendments. Councilor Carter made a motion to amend Ordinance D-2137-13
by substituting in whole Ordinance D-2137-13 As Amended VERSION A 10-16-13. Councilor Rider
seconded. There was no Council discussion. Council President Sharp called for the vote. The motion
was approved 7-0. Councilor Snyder made a motion to approve Ordinance D-2137-13 As Amended.
Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the
vote. Ordinance D-2137-13 As Amended was adopted 7-0.
Council President Sharp announced the Fifth Reading of Ordinance D-2144-13; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section
131(b)(c)(d)(e)(f) "Support for the Arts Fund#504" of the Carmel City Code; Sponsor(s):
Councilor(s) Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules
Committee. This item was not discussed.
Council President Sharp announced the Third Reading of Ordinance D-2154-13; An Ordinance of
the Common Council of the City of Carmel, Indiana, Establishing a Department of Storm Water
2
Management and a Storm Water District, and Adopting and Approving Storm Water User Fees;
Sponsor(s): Councilor(s) Rider and Snyder. Remains in the Utilities, Transportation and Public Safety
Committee and the Finance, Administration and Rules Committee. This item was not discussed.
Council President Sharp announced the Third Reading of Ordinance Z-580-13; An Ordinance of the
Common Council of the City of Carmel, Indiana, Extending the Sunset Provision on the Process for
Demolition of Contributing Buildings in the Old Town District Overlay Zone in the Carmel Zoning
Ordinance. Councilor Seidensticker presented the Land Use, Annexation and Economic Development
Committee report to the Council and made a motion to approve Ordinance Z-580-13. Councilor
Schleif seconded. There was no Council discussion. Council President Sharp called for the vote.
Ordinance Z-580-13 was adopted 7-0.
Council President Sharp announced the Third Reading of Ordinance Z-581-13; An Ordinance of the
Common Council of the City of Carmel, Indiana, Establishing the Atapco (34 Acres on the Northeast
and Southeast Corners of Cannel Drive and Guilford Road) Redevelopment Planned Unit
Development District. Councilor Seidensticker presented the Land Use, Annexation and Economic
Development Committee report to the Council and made a motion to approve Z-581-13. Councilor
Rider seconded. There was brief Council discussion. Councilor Rider made a motion to approve
Ordinance Z-581-13. Councilor Finkam seconded. There was no Council discussion. Council
President Sharp called for the vote. Ordinance Z-581-13 was adopted 4-3 (Councilors Carter, Schleif
and Seidensticker opposed).
Council President Sharp announced Resolution CC-09-17-12-01; A Resolution of the Common
Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan"C3 Plan
2009"Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use,
Annexation and Economic Development Committee. This item was not discussed.
Council President Sharp announced Resolution CC-10-07-13-02; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving Issuance of Bonds of the City of Carmel
Redevelopment District (Funding the Illinois Street Project and Refunding for Debt Service -
$15,100,000). Councilor Snyder presented the Finance, Administration and Rules Committee report to
the Council and presented Resolution CC-I1-04-13-02 (Formerly CC-10-07-13-02) As Amended to
the Council for discussion. There was no Council discussion. Councilor Rider made a motion to
approve Resolution CC-I1-04-13-02 (Formerly CC-10-07-13-02) As Amended. Councilor Finkam
seconded. There was no Council discussion. Council President Sharp called for the vote. Resolution
CC-11-04-13-02 (Formerly CC-10-07-13-02) As Amended was adopted 7-0.
PUBLIC HEARINGS
There were none.
NEW BUSINESS
Council President Sharp announced the First Reading of Ordinance D-2156-13; An Ordinance of the
Common Council of the City of Carmel, Indiana, Authorizing the City to Issue its Taxable Economic
Development Revenue Bonds, Series 2013 ($12,000,000) (Legacy Project). Councilor Snyder made a
motion to move this item into business. Councilor Finkam seconded. Councilor Snyder presented this
item to the Council. There was brief Council discussion. Council President Sharp referred Ordinance
D-2156-13 to the Finance, Administration and Rules Committee for further review and consideration.
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Council President Sharp announced the First Reading of Ordinance D-2157-13; An Ordinance of the
Common Council of the City of Carmel, Indiana ("CITY"), amending Carmel City Code Chapter 4,
Article 3, Sections 4-71 (Definitions), 4-72 (Alarm System Permit Required), 4-73 (Application for
Alarm System Permit), 4-74 (Issuance of Alarm System Permit), 4-77 (Prohibited Activity), 4-78
(Enforcement), 4-80 (Automatic Dialing Devices Prohibited). Councilor Rider made a motion to move
this item into business. Councilor Seidensticker seconded. Councilor Rider referred to Assistant City
Attorney, Ashley Ulbricht, to present this item to the Council. Councilor Snyder made a motion to
suspend the rules and not send this item to committee and vote this evening. Councilor Rider
seconded. There was no Council discussion. Council President Sharp called for the vote. The motion
was approved 7-0. Councilor Seidensticker made a motion to approve Ordinance D-2157-13.
Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the
vote. Ordinance D-2157-13 was adopted 7-0. •
Council President Sharp announced the First Reading of Ordinance D-2158-13; An Ordinance of the
Common Council of the City of Carmel, Indiana, Approving the Appropriation of Monies from the
City of Carmel, Indiana, General Fund for Purchase of the Brookshire Swimming Facility ($70,000).
Councilor Rider made a motion to move this item into business. Councilor Finkam seconded.
Councilor Rider presented this item to the Council. There was no Council discussion. Council
President Sharp referred Ordinance D-2158-13 to the Finance, Administration and Rules Committee
for further review and consideration.
Council President Sharp announced the First Reading of Ordinance D-2159-13; An Ordinance of the
Common Council of the City of Carmel, Indiana, Establishing Certain Speed Limits on City Streets
(8-22 (26); 40 mph -Illinois Street from 106th Street to 116'x` Street). Councilor Rider made a motion
to move this item into business. Councilor Snyder seconded. Council President Sharp referred to City
Attorney, Doug Haney, to present this item to the Council. Councilor Finkam made a motion to
suspend the rules and not send this item to committee and vote this evening. Councilor Rider
seconded. There was no Council discussion. Council President Sharp called for the vote. The motion
was approved 7-0. Councilor Finkam made a motion to approve Ordinance D-2159-13. Councilor
Schleif seconded. There was no Council discussion. Council President Sharp called for the vote.
Ordinance D-2159-13 was adopted 7-0.
Council President Sharp announced the First Reading of Ordinance D-2160-13; An Ordinance of the
Common Council of the City of Cannel, Indiana, Authorizing and Approving an Additional
Appropriation of Funds from the Operating Balance of the General Fund (Total $150,000—
Communications Center Other Contracted Services $100,000; Mayor's Office Other Accounting Fees
$50,000). Councilor Rider made a motion to move this item into business. Councilor Snyder
seconded and referred to Terry Crockett, Director of Carmel Communication Center, to present this
item to the Council. There was no Council discussion. Council President Sharp referred Ordinance
D-2160-13 to the Finance, Administration and Rules Committee for further review and consideration.
Council President Sharp announced the First Reading of Ordinance Z-583-13; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Ordinance Z-576-13 (ADOPTED by
Council 9/16/13) Regarding the Development Requirements of the Cannel Drive—Range Line Road
Overlay Zone in the Cannel Zoning Ordinance. This item is being returned to the Council from the
Plan Commission with a DISAPPROVAL of the Council's Amendments to Ordinance Z-576-13.
Councilor Rider made a motion to move this item into business. Councilor Carter seconded.
Councilor Rider presented this item to the Council. There was brief Council discussion. City
4
Attorney, Doug Haney, addressed the Council. Council President Sharp referred Ordinance Z-583-13
to the Land Use, Annexation and Economic Development Committee for further review and
consideration.
Council President Sharp announced Resolution CC-11-04-13-01; A Resolution of the Common
Council of the City of Carmel, Indiana, To Ratify and Approve the 2014 Scheduled Increase in the
Carmel Parks and Recreation Impact Fee (From $1,679 to $1,847). Councilor Rider made a motion to
move this item into business. Councilor Schleif seconded. Councilor Rider presented this item to the
Council. Councilor Carter made a motion to approve Resolution CC-11-04-13-01. Councilor Schleif
seconded. There was no Council discussion. Council President Sharp called for the vote.
Resolution CC-11-04-13-01 was adopted 7-0.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
There were none.
EXECUTION OF DOCUMENT
ADJOURNMENT
Mayor Brainard adjourned the meeting at 7:13 p.m.
Respectfully submitted,
Clerk-Treasurer Diana L. Cordray, I A C
Approved,
•
J mes Brainard, Mayor
ATTEST:
}
Diana L. Cordray, IAMC, Clerk-Treasurer I
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