Zionsville Town Council

ZIONSVILLE TOWN COUNCIL MEETING MEMORANDA FOR Monday, April 10, 2017 at 7:00 PM Zionsville Town Hall Beverly Harves Meeting Room 1100 West Oak Street Date of Preparation: April 13, 2017 Members Present: Elizabeth Hopper, President; Josh Garrett, Vice-President; Jeff Papa, Tom Schuler, Kevin Spees, Susana Suarez, and Bryan Traylor Members Absent: None Also Present: Tim Haak, Mayor; 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 MEMORANDUM OF THE March 20, 2017 REGULAR MEETING (copy posted). COUNCIL ACTION: Vice President Garrett moved to approve the Memoranda of the March 20, 2017 Town Council Meeting. Councilor Traylor seconded the motion. The Memoranda of the March 20, 2017 meeting was approved by a vote of six 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 four Request to Speak cards submitted, all regarding Item 6 C, President Hopper asked that the speakers hold their comments until the public hearing on that agenda item. 5. OLD BUSINESS Councilor Spees joined the meeting at this time. A. Consideration of an Ordinance establishing a public safety local income tax (“lit”) fund and authorization to transfer two hundred ninety-three thousand five hundred sixteen dollars and twenty-one cents ($293,516.21) from police operating fund to public safety lit fund and to transfer seven hundred seventy-nine thousand six hundred one dollars and sixty-six cents ($779,601.66) from fire operating fund to public safety lit fund and to transfer thirteen thousand nine hundred seventy-eight hundred and eighty-seven cents ($13,978.87) from cumulative fire equipment fund to public safety lit fund and to reimburse the police and fire operating funds for disbursements that were done prior to the public safety lit fund being established ORDINANCE #2017-05 (Final Reading). Mark Adam of Crowe Horwath reviewed the Ordinance. Discussion followed. Mr. Adam answered questions from the Council and stated that the fund was being created at the recommendation of the State and that revenue from the January, February and March tax distributions would be transferred into the new fund. He confirmed that the fund would allow for more transparency in the collection and spending of the Public Safety LIT monies. Deputy Mayor Mitro clarified that this fund would not involve any additional monies but would simply shift the monies budgeted for Public Safety LIT into the new fund. COUNCIL ACTION: Vice President Garrett moved to adopt Ordinance #2017-05 on final reading. Councilor Suarez seconded the motion. Ordinance #2017-05 was adopted on final reading by a vote of six in favor, one opposed, with Councilor Schuler opposing. 6. NEW BUSINESS A. Consideration of an Additional Appropriation Resolution appropriating $80,000.00 from the General Fund to reimburse the Plan Commission Engineering line item with “pass-through” funds received from developers for engineering work done on behalf of the Town RESOLUTION #2017-11 (PUBLIC HEARING). Director of Planning and Economic Development Wayne DeLong reviewed Resolution #2017-11, giving a brief explanation of the need for the Additional Appropriation to allow for pass through engineering fund reimbursement, clarifying these were pass through funds and not additional monies. With Proof of Publication for a Public Hearing noted, President Hopper opened the Public Hearing for comment With no public comment, President Hopper closed the Public Hearing and called for discussion or a motion. COUNCIL ACTION: Vice President Garrett moved to approve Resolution #2017-11. Councilor Suarez seconded the motion. Resolution #2017-11 was approved by a vote of seven in favor, zero opposed. B. Consideration of an Additional Appropriation and Reduction in Appropriation Resolution regarding Public Safety LIT funding RESOLUTION #2017-12 (PUBLIC HEARING). With Proof of Publication for a Public Hearing noted, President Hopper opened the Public Hearing for comment With no public comment, President Hopper closed the Public Hearing and called for discussion or a motion. COUNCIL ACTION: Councilor Traylor moved to approve Resolution #2017-12. Councilor Spees seconded the motion. Resolution #2017-12 was approved by a vote of six in favor, one opposed, with Councilor Schuler opposing. C. Consideration of a Special Request by Beazer Homes for the re-filing of a rezoning petition following an adverse decision (prior to the required one-year waiting period (PUBLIC HEARING). Attorney for the petitioners Andy Buroker of Faegre Baker Daniels presented the request. He stated that due to substantial changes in the original re-zoning petition, including lower density and revised re-zoning request from (R2) Rural Residential Zoning District to (RSF2) Urban Residential Zoning District, it was Beazer Homes’ position that the matter would qualify for a waiver to the one-year waiting period. Discussion followed, with Mr. Buroker and Director of Planning and Economic Development Wayne DeLong addressing questions and concerns from the Council. With Proof of Publication for a Public Hearing noted, President Hopper opened the Public Hearing for comment David Meyer elected to give his allotted speaking time to Robyn Meyer Speaking in opposition to the request were: Zionsville resident Robyn Meyer Zionsville resident Richard Snodgrass Zionsville resident Margeret Yde President Hopper asked if there were any other members of the audience wishing to speak. With no response, President Hopper closed the Public Hearing and called for discussion or a motion. Further discussion from the Council followed. Mr. DeLong addressed additional questions and concerns from the Council. COUNCIL ACTION: Councilor Spees moved to deny the request by Beazer Homes. Councilor Traylor seconded the motion. The Special Request by Beazer Homes for the refiling of a rezoning request following an adverse decision prior to the one-year waiting period was denied by a vote of five in favor, two opposed, with Councilors Schuler and Papa opposing. 7. OTHER MATTERS Councilor Suarez stated that she felt there was a lack of opportunity for Council members to weigh in on agenda matters prior to the Town Council Meetings. She suggested bringing back the agenda setting meetings or the pre-meetings to allow for more input from all members of the Council. Lengthy discussion followed. Town Attorney Heather Willey stated that she would investigate how other cities and towns handle the meeting process and bring back some options for the Council to consider. 8. APPROVAL OF CLAIMS COUNCIL ACTION: Councilor Suarez moved to approve claims as presented. Vice President Garrett seconded the motion. Claims were approved by a vote of seven in favor, zero opposed. 9. ADJOURN COUNCIL ACTION: Councilor Suarez moved to adjourn the meeting and Councilor Traylor 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 April 17, 2017 @ 7:30 AM in the Zionsville Town Hall Community Room. Respectfully Submitted, Amelia Lacy, Director, Department of Finance and Records Town of Zionsville