Zionsville Town Council

ZIONSVILLE TOWN COUNCIL MEETING MEMORANDA FOR Tuesday July 5, 2016 at 7:00 PM Zionsville Town Hall – Beverly Harves Meeting Room 1100 West Oak Street Date of Preparation: July 6, 2016 Members Present: Susana Suarez, Elizabeth Hopper, Jeff Papa, Kevin Spees, Bryan Traylor, Tom Schuler, Josh Garrett Also Present: Ed Mitro, Deputy Mayor; Heather Willey, Town Attorney; Amy Lacy, Director of Finance & Records and Town Department Staff 1. OPENING A. Call meeting to order B. Pledge of Allegiance 2. APPROVAL OF THE MEMORANDA OF THE JUNE 6, 2016 REGULAR MEETING (COPY POSTED). COUNCIL ACTION: Councilor Garrett moved to approve the Memoranda of the June 6, 2016 Town Council Meeting. Councilor Traylor seconded the motion. The Memoranda of the June 6, 2016 meeting was approved by a vote of seven in favor, zero opposed. 3. DEPARTMENTAL MONTHLY REPORTS Monthly Reports submitted by the Town management staff for Council review and posted on the Town’s website (www.zionsville-in.gov). 4. REQUEST TO SPEAK There being no Request to Speak cards submitted, President Suarez requested that anyone wishing to speak on any issue please step forward at this time. No response was given from the audience. 5. OLD BUSINESS A. Consideration of a request to rezone property (Pittman “the Farm” property). President Suarez stated that after discussion at the June 27, 2016 Town Council Agenda Meeting it was determined that due to the legal action taken on the project, no further activity was needed at this time on the part of the Town, but that the situation would continue to be monitored to insure that the interests of the Town of Zionsville are first and foremost. B. Consideration of an Ordinance to amend Section 70.99 of the Zionsville Code of Ordinances regarding Traffic Code Penalties (Collection Agency Fee). ORDINANCE #2016-09 Judge Erika Singler presented her findings to support using a collection agency to collect past due court fines and costs plus an additional 30% fee. She answered questions from the Council. Discussion followed. No action was taken by Council at this time. 6. NEW BUSINESS A. Consideration of a Re-Appropriation Resolution (mid-year budget rectification). RESOLUTION #2016-16 Deputy Mayor Ed Mitro reviewed Resolution #2016-16 and the need for mid-year re-appropriations, explaining these were not additional funds requested but taking funds from one line item and moving to another line item to help balance the budget mid-year. With Proof of Publication for a Public Hearing, President Suarez opened the Public Hearing for comment. With no public comment, President Suarez closed the Public Hearing and called for discussion or a motion on Resolution #2016-16. COUNCIL ACTION: Councilor Garrett moved to approve Resolution #2016-16 and Councilor Hopper seconded the motion. Resolution #2016-16 was approved by a vote of seven in favor, zero opposed. B. Consideration of an Additional Appropriation Resolution from the CCD Fund to fund preliminary engineering ($24,800), for Zionsville’s portion of the 116th Street Pathway project (joint Carmel/Zionsville project). (PUBLIC HEARING) RESOLUTION #2016-17 Lance Lantz, Superintendent of Streets and Stormwater reviewed the need for the Additional Appropriation, stating that though this project was not budgeted for this year, this additional appropriation would allow for the cost savings of the Town to partner with Carmel to complete the 116th Street multi-use pathway project connecting the pathway with the sidewalk system on US 421 and Zionsville’s Sycamore Street path. With Proof of Publication for a Public Hearing, President Suarez opened the Public Hearing for comment. With no public comment, President Suarez closed the Public Hearing and called for discussion or a motion on Resolution #2016-17. COUNCIL ACTION: Councilor Spees moved to approve Resolution #2016-17 and Councilor Papa seconded the motion. Resolution #2016-17 was approved by a vote of seven in favor, zero opposed. C. Consideration of an Additional Appropriation Resolution from the Police Operating Fund ($500), to reimburse line item #209001313 (Continuing Education), for a cancelled course. (PUBLIC HEARING) RESOLUTION #2016-18 Rob Knox, Chief of Police reviewed the need for the additional appropriation in order to reimburse the Continuing Education line item to be used for police training. With Proof of Publication for a Public Hearing, President Suarez opened the Public Hearing for comment. With no public comment, President Suarez closed the Public Hearing and called for discussion or a motion on Resolution #2016-18. COUNCIL ACTION: Councilor Traylor moved to approve Resolution #2016-18 and Councilor Hopper seconded the motion. Resolution #2016-18 was approved by a vote of seven in favor, zero opposed. D. Consideration of an Ordinance establishing a Town Hall project fund. ORDINANCE #2016-14 Amy Lacy, Director of Finance and Records presented Ordinance #2016-14, explaining that the purpose of the separate fund is to act as a holding fund in which to deposit revenue from other Town sources and from which payments to the Town Hall Project loan would be paid. She stated that this fund provides more transparent, accurate tracking as prescribed by the Department of Local Government Finance. Lengthy discussion followed. Councilor Schuler expressed strong concern that the ordinance as written would allow funds to be taken from any source and used on the project without the approval of the council. Deputy Mayor Mitro explained the need for the fund and the need for it to act as a separate “bucket” in which revenues designated for the Town Hall project were put. Responding to the concerns of Councilor Schuler, Heather Willey, Town Attorney, explained that the wording in the Ordinance was broad to allow for the possibility of use of different revenue sources in the future, citing grants or donations as an example. She stressed that any of these additional funding sources would require Council approval. Discussion followed, including consideration of further delineation in the Ordinance’s wording. The majority of Councilors stated they were comfortable with the ordinance as written. President Suarez closed the discussion and called for a motion to adopt on first reading. COUNCIL ACTION: Councilor Papa moved to adopt Ordinance #2016-14 on first reading and Councilor Hopper seconded the motion. There was a vote of six in favor, one opposed, with Councilor Schuler opposing. Councilor Hopper moved to suspend the rules and Councilor Traylor seconded the motion. There was a vote of six in favor, one opposed, with Councilor Schuler opposing.  Without unanimous consent to suspend the rules the Council could not move forward to adopt on first reading. The item therefore was continued to the July 25, 2016 meeting. E. Consideration of a Comprehensive Plan Amendment (Strategic Trails Implementation Plan/Pedestrian and Bikeways Plan). RESOLUTION #2016-19 Matt Dickey, Superintendent of Parks and Recreation presented the Strategic Trails Plan/Pedestrian and Bikeways plan. Mr. Dickey stated that it was being presented with the unanimous recommendation of both the Plan Commission and the Parks Board for adoption. Project consultant, Tricia McClellan of Rundell Ernstberger Associates provided greater detail on the project and stated that there was very robust public engagement and response throughout the entire process. COUNCIL ACTION: Councilor Garrett moved to approve Resolution #2016-19 and Councilor Papa seconded the motion. Resolution #2016-19 was approved by a vote of seven in favor, zero opposed. F. Consideration of a Zone Map Change Ordinance to rezone 4.32 acres from the B-3 (Urban Outdoor Business Development) District to a PUD (Planned Unit Development) District to provide for a mixed use development consisting of residential, office and commercial uses (Plan Commission Docket 2016-10-Z – forwarded to the Council with a recommendation for denial). ORDINANCE #2016-15 Wayne DeLong, Director of Planning and Economic Development reviewed Ordinance #2016-15, stating that it came to the Council’s consideration with a unanimous Unfavorable Recommendation from the Plan Commission. President Suarez asked for confirmation from Town Attorney Heather Willey regarding vote process. Ms. Willey confirmed that vote in favor would affirm the Planning Commission’s unfavorable recommendation, therefore a vote in favor would be a vote to deny the Zone Map Change Ordinance rezone. Discussion followed and Mr. DeLong answered questions from the Council. President Suarez stated that Town Attorney Willey had confirmed that the vote process on this item was a straight vote rather than a three step process. She called for a motion. COUNCIL ACTION: Councilor Papa made a motion that the Council accept the negative recommendation of the Planning Commission. The motion was seconded by Councilor Hopper. The Planning Commission’s recommendation to deny the Ordinance was upheld by a vote of seven in favor, zero opposed. 6. APPROVAL OF CLAIMS COUNCIL ACTION: Councilor Garrett moved to approve the claims as presented and Councilor Traylor seconded the motion. Claims were approved by a vote of seven in favor, zero opposed. 7. ADJOURN COUNCIL ACTION: Councilor Hopper moved to adjourn the meeting and Councilor Garrett seconded the motion. The motion was approved by a vote of seven in favor, zero opposed. The next regular Town Council meeting is scheduled for Monday July 25, 2016 @ 7:30 AM. Respectfully submitted, Amelia Anne Lacy, Director Department of Finance and Records