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HomeMy WebLinkAboutCCM-03-20-00 CAR~vIEL CITY COUNCIL MEETING AGENDA MONDAY, ~vLI_RCH 20, 2000 -7:00 P.~vI. COUNCIL CI-LI_~vlBERS / CITY I-LI_LL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY E~IPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. March 6, 2000 - Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL COUNCIL, ~L~YORAL AND CLERK-TREASURER CO~I~IENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAI~vIS · Pa3Toll · General Claims · Retirement CO~vHvlITTEE REPORTS Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks & Recreation Committee Public Safet_v Committee Rules Committee Utilities Committee 10. OLD BUSINESS 11. PUBLIC HEARINGS a. Annroyal to Exnend Local Law Enforcement Block Gram Funds; To be used by the Carmel Police Department to Purchase Digital Computer Processing Equipment; Chief Michael Fogarty, Carmel Police Department 12. 13. 14. 15. First Readine Ordinance Z-340: An Ordinance to Amend the Provisions of the Carreel Clay Zoning Ordinance Which Relate to the U.S. Highway 31 Overlay Zone; Paul Spranger, Chairman of U. S. 31 Task Force *published in the DailJ,' Ledger Saturdaj,,, JanuntO,' 8, 2000 and in the TVeeklj,, Topics on TVednesday JanuntO,' ]2, 2000 and tabled at the JanuntO,' ]9, 2000 Council 3,f eeting NEW BUSINESS a. First Readine Ordinance D-1456-00; An Ordinance Amending Chapter 7, Article 3, Section 7-12 of the Camel City Code (re' Buildin~ Inspection Fees)~ Steve Engelking, Department of Community Services b. First Readin~ Ordinance D-1457-00: An Ordinance Amending Chapter 8, Article 2, Section 8-8 of the Camel City Code (re' Uniform Traffic Control]; David Klingensmith, Street Commissioner c. Resolution CC-03-20-00-01: A Resolution Annroving Payment of Construction Costs for Hazel Dell Bond Proiect ($134.632.45 for Pennsylvania Street Construction Costs); Kate Boyle-Weese, City Engineer d. Resolution CC-03-20-00-02: Authorizin~ the Amendment and Transfer of a Cable Telefision Franchise: Mayor James Brainard e. Resolution CC-03-20-00-03: Reiectin~ Re~nest to Consent to the Transfer of a Cable Telefision Franchise; Mayor James Brainard f. Resolution CC-03-20-00-04: Transfer of Funds by the Camel Police Department ($25,000 from ~526, Automobile Lease into ~650-01, Cars and TrucE); Chief Michael Fogart_v, Carreel Police Department OTHER BUSINESS a. Discussion of Re~nest to Purchase Real Pronerty at 215 ~V. Main St., by Camel Redevelo~ment Commission; As presented to the Council in a Memo dated March 6, 2000 by Clerk-Treasurer Diana Cordray; Councilor Luci Snyder ANNOUNCE~IENTS EXECUTION OF DOCU~IENTS 16. ADJOURN~IENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, MARCH 20, 2000- 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council l~embers Keyin Kirby, John Koven, Norm Rundle, Luci Snyder, Ron Carter and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk Robin Butler also artended. Councilor Battreall was absent. Mayor Brainard called the meeting to order at 7:05 p.m. Councilor Carter pronounced the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard said he had a presentation to make, but the citizen was not present. He asked for permission to return to this section at a later time in the meeting. There was no objection. APPROVAL OF MINUTES: Councilor Wilson moved to approve the minutes of the March 6, 2000 regular meeting. Councilor Snyder seconded. The minutes were approved 5-0. Councilor Carter abstained due to his absence from that meeting. RECOGNITION OF PERSON~ WHO WISH TO ADDRESS THE COUNCIL: Tim McCullou~_J~ of3711 Chadwick Dr. and Kathryn Benjamin of 11214 Moss Dr. addressed the Council opposing the payment of :he International Arts Festival debt (Exhibit A). Dan DauF_J~erty of 12110 Somerset Way E. thanked the Council and other City workers for their leadership and commended them for their payment to the Humane Society. Dick Frost of 507 Stonehedge Dr, addressed the Council in opposition to the payment of 1998 and 1999 claims and against the payment te the Hamilton County Humane Society (Exhibit B). COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Council President Rundle addressed Mr. McCullough's and Ms. Benjamin's concern about the International Arts Festival' s papers for incorporation. City Attorney Doug Haney stated that he filed articles of incorporation by mail with the appropriate state agency. He stated that he is the incorporator, and his address is 49 Hawthorne Dr., Cannel, Indiana, 46033. He listed the three directors as Jeff Worrell, Councilor Ron Carter at..2 himself. Councilor Snyder asked when the papers were filed. Mr. Haney stated they were filed by n~ail last week. Councilor President Rundle said the Council would be keeping an eye on the International Arts Festival and that the future actions of the Festival will be on a solid fiscal basis. ~41 this time the Council returned to the Recognition of Outstanding Citizens section. Mayor Brainard presented the Rangeline Pioneer Award to Thomas McKenna in recognition of his outstanding service to the Carmel Community. CLAIMS: Councilor Snyder moved to approve Claims in the amounts of $227,454.62, $884,898.54 and $82,151.84 (for Carmel International Arts Festival). Councilor Wilson seconded. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Snyder stated that the Minutes for the Annexation and Land Use Committee were not available at this time. She said they met on March 9th and discussed annexation and COIT distribution. Councilor Wilson stated that the Economic Development Committee met for the first time this evening with the Carmel Economic Development Committee as a basic information gathering meeting. Councilor Snyder stated that the Hamilton County Alliance has been instrumental in keeping several companies in Carmel. These businesses generate good paying jobs and tax revenue. Council President Rundle stated that the Finance Committee met and discussed the payment to the Hamilton County Humane Society. He stated that they rejected the formula established by the County Commissioners and their attorney but they did decide on an amount. They recommended that the City make a one-time contribution in 2000 of $25,000 and continue the current contract at a new rate of $100 per animal. They recommend that a special appropriation be passed at the April 10tn Council meeting for this payment. Councilor Snyder commended Clerk-Treasurer Diana Cordray for her recognition by the GFOA (Government Finance Officers of America). Mrs. Cordray received the Certificate of Excellence for the 1998 CAFR (Comprehensive Annual Financial Report) which she prepared for the City. Councilor Carter reported that the Parks and Recreation Committee met with Randy Auler, Parks and Recreation Director. The committee discussed the development of parks. He stated it was nice to be in discussion about development of land instead of acquisition of land. The next meeting will be moved from April 10tn at 6:00p.m. to April 17th at 5:00p.m. Councilor Wilson reported for Councilor Battreall that the Public Safety Committee met regarding the ordinances which were assigned to them at the last Council meeting. Recommendations will be made at the April 10th Council meeting. OLD BUSINESS: There was none. PUBLIC HEARINGS: Councilor President Rundle introduced the request by the Police Department for Approval to Expend Local Law Enforcement Block Grant Funds. Chief Michael Fogarty, Carmel Police Department, explained the request. The Public ttearing was opened at 8:02. Dick Frost stated he was in favor of the request. Seeing no one else from the public who wished to speak, the Public Hearing was closed at 8:03 p.m. Clerk-Treasurer Cordray stated that she would like to see a formal motion made and vote taken on this issue. Councilor Wilson moved to approve the request. Councilor Koven seconded. The request was approved 6-0. Councilor Rundle introduced Ordinance Z-340; An Ordinance to Amend the Provisions of the Carmel Clay Zoning Ordinance which Relate to the U.S. Highway 31 Overlay Zone. Paul Spranger, Chairman of the U.S. 31 Task Force gave a brief presentation to the Council regarding this ordinance and the amendments that the Plan Commission had made since it was last presented to the Council. The public hearing was opened at 8:07 p.m. There was Council discussion. Seeing no one from the public who wished to speak, the public hearing was closed at 8:27 p.m. There was Council discussion regarding the changes and the proposed development. There was discussion about whether this was actually the first or second reading, since it was on the agenda previously and had to be moved into business in order for it to be tabled. In order to be safe, Councilor Kirby moved to suspend the rules and to act upon this ordinance tonight and to suspend the rule that states the Presiding Officer shah refer the ordinance to a Council Committee. Councilor Snyder seconded. The motion was approved 6-0. Councilor Kirby moved to amend the original ordinance with the changes recommended by the Plan Commission, which are included on the lined and highlighted draft of March 13, 2000 and to add to section 23 b.1 c (page 2) the words or the southern boundary of any TIF district that is contiguous to 146th Street, after the words 146th Street. Councilor Snyder seconded. There was Council discussion. The amendments were approved 5-1. Councilor Carter voted against. There was further Council discussion. Councilor Carter moved to amend Hotel, Full Service under Appendix 'A; 3.0 Definitions, to read forty (40) square feet of conference room per guest room. Councilor Snyder seconded. There was Council discussion regarding the amendment. The amendment was approved 6-0. Councilor Carter moved to approve the ordinance as amended. Councilor Kirby seconded. The ordinance was approved 6-0. Council President Rundle assigned the ordinance to the Annexation and Land Use Committee. NEW BUSINESS: Council President Rundie introduced Ordinance 1456-00~ Amending Chapter 7, Article 3, Section 7-12 of the Carmel City Code (re: Building Inspection Fees); Councilor Wilson moved the ordinance into business. Councilor Koven seconded. Terry Jones, Building Inspector, explained the ordinance and asked that the reference to Building Inspector in the amended section be changed to Building Commissioner. Councilor Kirby moved as such. Councilor Snyder seconded. Council President Rundie referred the ordinance to the Finance Committee. Councilor Wilson invited Mr. ~oncs to attend the Finance Committee Meeting at which this issue will be discussed. Council President Rundie introduced Ordinance D-1457-00; Amending Chapter 8, Article 2, Section 8-8 of the Carmel City Code (re: Uniform Traffic Control); Councilor Kirby moved to introduce and suspend the reading of the ordinance. Council eaWilson seconded. Mayor Brainard explained that the ordinance is to put Carmel in compliance with aw for size of letters on street signs. There was Council discussion regarding the exceptions allowed. Council President Rundle referred the ordinance to the Utilities Committee. He stated that the Utilities Committee would be changed to include Utilities and Streets. {The next item was heard out of order to accommodate the Police Chief who would otherwise be required to wait until the end of the meeting.} Council President Rundie introduced Resolution CC-03-20-00-04; Transfer of Funds by the Carmel Police Department; Councilor Kirby moved the resolution into business. Councilor Wilson seconded. Chief Fogarty explained the request. There was Council discussion regarding the transfer. Councilor Kirby moved to approve the request. Councilor Carter seconded. Resolution CC-03-20-00-04 was approved 6-0. Council President Rundie introduced Resolution CC-03-20-00-01; Approving Payment of Construction Costs for Hazel Dell Bond Project ($134,632.45 for Pennsylvania Street Construction Costs); Councilor Kirby moved the resolution into business. Councilor Wilson seconded. There was Council discussion. Councilor Wilson moved to approve the resolution. Councilor Snyder seconded. Resolution CC-03-20- 00-01 was approved 6-0. Council President Rundle introduced Resolution CC-03-20-00-02; Councilor Kirby moved Resolutions CC-03-20-00-02 and CC-03-20-00-03 into business. Councilor Snyder seconded. Councilor Kirby then moved to table both ordinances. Councilor Koven seconded. Councilor Kirby clarified that once an issue has been tabled, there may be no further discussion regarding it. Councilor Kirby moved to remove both resolutions from the table so they could be discussed. Councilor Wilson seconded. Mayor Brainard explained why he requested that the resolutions be tabled. He read a letter that he received from Comcast Cablevision of Indianapolis, Inc. (Exhibit C). There was Council discussion. Councilor Kirby moved to table the Resolutions until the April 10, 2000 Council meeting. Councilor Snyder seconded. Resolutions CC-03-20-00-02 and CC-03-20-00-03 were tabled. OTHER BUSINESS: Council President Rundle asked Councilor Snyder to report on the issue of her objection to the Purchase of Real Property at 215 W. Main St. by Carmel Redevelopment Commission. Councilor Snyder stated her objection to the purchase. She stated her objection was due to the fact that she is opposed to the pattem this purchase follows of appraising and planning to purchase property without notifying other officials within the City. She suggested that the members of the Council who are also members of the Redevelopment Commission regularly report this information to the Council. Mayor Brainard gave a presentation to the Council about the Main Street project. There was Council discussion about the project. Councilor Sndyer expressed her satisfaction with the explanation and requested regular reports from the Redevelopment Commission. Councilor Koven moved to approve the purchase. Councilor Snyder seconded. The purchase was approved 5-0. Councilor Kirby was not present for the vote. ADJOURNMENT: Councilor Koven moved to adjourn. Councilor Snyder seconded. The meeting was adjourned at 10:55 p.m., pending the execution of documents. Clerk-Treasurer Di . . MC Approved, 7~ ~ James Br Cler~l~-Treasurer Diana L. ~AMC Address to Carmel City Council EXHIBIT A March 20, 2000 Good evening ladies and gentlemen of the Carmel City Council. I am Tim McCullough of 3711 Chadwick Drive, Carmel. And I am Kathryn Benjamin, of 11214 Moss Drive, Carmel. Kathryn Benjamin: We address the Council this evening to deliver both an accolade and a criticism. Our issue is that of the allocation of funds to cover expenditures incurred by the Carmel International Arts Festival. We applaud the Council's tenacity in determining the extent of the indebtedness of the Festival and the degree to which it adversely affects the City of Carmel and many merchants within the city, in Marion County and elsewhere. We, further, applaud Council's declining to issue a special appropriation to cover the debt. We are, on the other hand, fully aware that money taxed the citizens of the~City of Carmel has been approved by Council, to cover what can only be described as a two-year pattern of fiscally irresponsible eccentricities on the part of those organizing the Carmel International Arts Festival. Monies pulled from General Insurance and Y2K Preparedness in order to pay the long overdue debts of the Festival have been described as being "surplus". Those funds, nevertheless, represent the fruits of labor of Carmel citizenry. In affect, the allocation of these funds represents the negation of duly paid tax on the part of Carmel constituents. In looking at the tax rate we pard in the year 1999, we find that of every $1.00 of tax paid, .1266 cents applied to State tax, 11.7214 cents applied to County tax, 1.3587 cents applied to Public Welfare, 0.3052 cents applied to Clay Township, 2.7971 cents applied to the Library, 64.2241 cents applied to schools, and 19.4669 cents applied to the City. Therefore, the Mayor's expenditure of approximately $83,000.00 to bail out a failed festival, constitutes the spending of the entire City tax allocation of just at 213.18 households (at an average tax of $2,000.00/property owner). As two of those 213.18 taxpayers, we feel aggrieved. An equal aggravation is that, as far as we can determine, there seems to be no present vehicle by which we, the taxpayers, can be assured that this circumstance will not be repeated should a Carmel International Arts Festival occur in September of this year. During the last sitting of the Carmel Common Council, the Mayor included in his address of this situation the statement that the Carmel International Arts Festival had been incorporated in order to facilitate an application for. Hot-for-Profit corporate status. It was further stated that pending the approval of the Not-for-Profit status, the Arts Festival would float its accounting through the Legacy Fund, exactly as it has over the past 2 years. Investigation of this issue took us to the Secretary of State's Office to verify that, in fact, Articles of Incorporation had been filed, our intent being to determine who is cited as Resident Agent for legal purposes, as well as to determine those persons charged with oversight responsibility for the Festival, both fiscally and otherwise. We were further aggravated to learn that, despite the fact that the statement was made in this forum on March 6th, aS Of close of business day March 15th nO Articles for an Involuntary Association or other corporate status had been filed with the Secretary of State. Still, then, no publically recognized entity is charged with the responsibility to ensure fiscal and organizational oversight of the Festival. It is our purpose this evening, then, on behalf of the taxpaying public to entreat the Council to continue its diligence in this arena and to implore those at the helm of the organization of a Carmel International Arts Festival, if one is indeed in the offing, to conduct those actions necessary to ensure a change of course and emphasis from those made heretofore. Tim McCullough: One further concern is that of the public perception of other celebrations offered within the City. As members of the Carmelfest Organizing Committee, we have been disappointed to find that the March 6th discussion of the Arts Festival included 5 references to the annual 4th Of July Carmelfest celebration. The broad brush with which Carmel festivals and other public forums such as The Farmer's Market have been painted by the unfortunate circumstance of the Carmel International Arts Festival has left a public perception that Carmelfest and the Carmel International Arts Festival are one and the same. We hasten, for the sake of the public, to point out that the two are quite dissimilar and are wholly separate. First, Carmelfest is an annual celebration of our nation's independence and the federal holiday honoring same. Secondly, the "all-city party", if you will, that Carmelfest committee members host serves, as nearly as we can determine, approximately 40,000 people of all ages and interests. The $10,000.00 worth of fireworks that brighten the darkness of the City the second day of the festival is a gift to thousands more who choose to enjoy the festival on their porches and in their lawn chairs. Of the many thousands of people who enjoy the two- day event, not one is charged. Third, in the past three years that we have been associated with Carmelfest, then citizen Wayne Wilson was the organizing Director of the festival, having done so strictly as a volunteer, as are all Carmelfest committee members. Wayne continues today to be the Organizing Director, not as oversight on behalf of this Council or any other authoritative body, but as a volunteer. The committee meets monthly almost every month of the year and welcomes public participation, suggestion and oversight. Fourth, the financial accounting of Carmelfest has been open to the public for as long as we have been members of the committee. All those interested are able to obtain a~.gopy of the Carmelfest budget either at any of the committee meetings, or by contacting Wayne Wilson. We point out the distinctions between the festivals for the purpose of making it clear to those who may have been confused over any relationship, one to the other, by recent newspaper articles and other public statements. We appreciate the opportunity to address this forum both as concerned taxpayers and volunteers for the good our community. Thank you. .o .o ?.o ? p °z ~ Z oo o of I..im~obr,. eric. 533O Em~65U~ tnctlare,.jfs. IN 46220 COMCAST March 20, 2000 EXHIBIT Mayor James Brainard City of Cannel One Civic Square C,vmcl, indiana 46032 Via Telefax (844-3~:98) Dear Mayor Brainard: On behalf of Corncast and Time W','trncr, lot this serve to confirm our agreement with the City of Cannel not to raise as a defense or bar To denial or any other action tak~ by the City of Carmcl that such action was not taken within 120 days from the filing of the FCC .Form 394, so long as action is taken on or herore ,april ?-1, 2000 at 5:00 p.m, This agreement will preserve the status quo and all rights of the City of Carreel and Corncast during this period. In exchm~ge lbr this alFecmcnt, Corncast e, xpccts that thc City Councfi of Carreel will take no action on the l~nding FCC Form 394 until thc next schedaled Council mcctmg on April l 0, 2000. I believe that our legal counsel has called you and Doug Haney confirming your agreement with these terms. Very Truly Yours, David A- Wilson Area Vice President