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HomeMy WebLinkAboutCCM-06-05-00 CAR~vIEL CITY COUNCIL MEETING AGENDA MONDAY, JUNE 5, 2000 -7:00 P.~vI. COUNCIL CI-LA_~vlBERS / CITY I-LA_LL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. INVOCATION 6. 7. 8. PLEDGE OF ALLEGIANCE RECOGNITION OF CITY E~IPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES Ma_v 15, 2000- Regular Meeting Ma_v 26, 2000 - Special Meeting 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 f. g- h. Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks & Recreation Committee Public Safety Committee Rules Committee Utilities and Transportation Committee 10. OLD BUSINESS TT. 12. 13. 14. 15. 16. PUBLIC HEARING a. Ordinance No. Z-341; An Ordinance Amending Zoning Ordinance No. Z-160, As Amended; James J. Nelson, Nelson & Frankenberger *published in the Daily Ledger ~r~fab' 20, 2000 Nlq'W BUSINlq'SS a. Resolution No. CC-06-05-00-01; A Resolution Approving Transfer of Funds b_v the Carmel Cit_v Court (ST, T00.00 from Line Item No. 200 - Health Insurance into Line Item No. 690 - Librar_v Reference Material); Judge Gail Bardach, Cannel Cit_v Court OTHER BUSINESS ANNOUNClq'Nllq'NTS EXECUTION OF DOCUNIlq'NTS ADJOURNNIlq'NT CAR~IEL CITY COUNCIL MEETING MINUTES MONDAY, J'CNE 5, 2000 - 7:00 P.~I. COUNCIL CI-[-~_~IBERS / CITY I-[~_LL / ONE CIVIC SQUARE ME~IBERS PRESENT: Council Members John Koven, Bob Battreall, Norm Rundie, Luci Snyder, Ron Carlet and ~Va3~e Wilson; Deputy Clerk-Treasurer, Cartie Groce was also in attendance. Mayor James Brainard, Council Member Keyin Kirby and Clerk-Treasurer Diana Cordray were absent. Council President Norm Rundie called the meeting to order at 7:01 p.m. Wayne Wilson pronounced the Invocation. Council President Norm Rundie led the Pledge of Allegiance. RECOGNITION OF CITY E~IPLOYEES AND OUTSTANDING CITIZENS: APPROVAL OF MINUTES: Councilor Battreall moved to approve the minutes of the May 15, 2000 Regular Meeting. Councilor Koven seconded. The minutes were approved 6-0. Councilor Carlet moved to approve the minutes of the May 15, 2000 Special Meeting. Councilor Wilson seconded. The minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Dick Frost of 507 Stonehedge Drive addressed the Council regarding his request to reinstate Mayor James Brainard as "Presiding Officer of the Carmel City Council". Thomas L. Harleman of 11080 Willowmere Drive addressed the Council with his concerns regarding the safety of portions of the Monon Trail yet to be opened. See his letter attached as Exhibit '~A". COUNCIL~ ~L~_YORAL AND CLERK-TREASURER CO~I~IENTS/OBSERVATIONS: Council President Rundle advised Mr. Frost that his opinion regarding the Ordinance passed by the Council regarding the Presiding Officer of the Carmel City Council has been expressed on numerous occasions and will not be tolerated any longer. Council President Rundle directed Mr. Frost to the courts of the City of Carmel if he should wish to challenge this matter further. Councilor Carter responded to the safety issue raised by Mr. Harleman concerning the Monon Trail. Councilor Carter stated that Mr. Harleman has filed a Cross-Complaint for Summary Judgment against the City disputing property ownership. Councilor Carter advised that if it were not due to delays such as these, the Monon Trail would be complete and stop signs would be up, trail monitors would be out and all sections of the trail would be open. Councilor Caster then commented that the question of responsibility as to the safety of the unopened portions of the Monon Trail may be a matter of opinion. CLAI1MS: Councilor Snyder moved to approve Claims in the amounts of $425,214.28, $408,175.81, $28,802.08 and $302, 106.48. Councilor Wilson seconded. Councilor Carlet, while not objecting to his approval of the claims, stated his opinion regarding several of the checks issued to the last remaining parcel owners on the Monon Trail to be amounts far highher than original appraisals or the average amount offered to those individuals. Councilor Carlet considers the check amounts to be far from compromise to the point of extortion and reminds that the money is coming out of the pockets of all the citizens in the City of Carmel. Claims were approved 6-0. CO~I~IITTEE REPORTS: Councilor Koven stated that the Administration Committee will meet on Friday, June 9, 2000, at 10:00 a.m. in the Caucus Room. Councilor Snyder reported that the Annexation and Land Use Committee is scheduled to meet on June 8, 2000, at 10:30 a.m. Due to the size of attendees, the Annexation and Land Use Committee meetings will be permanently moved from the Council Office to the Caucus Room. Councilor Wilson stated that the Economic Development Committee will meet on June 17, 2000, at 6:00 p.m. in the Caucus Room. Council President Rundie reported that the Finance Committee met on May 26, 2000 at which time they discussed a credit of $18,000 for the Director of Community Services' salaD_' for 1997.'98 to the Township. The Township will take a credit of $18,000 on the Joinder payment which is due to the city on approximately July 1, 2000. The Township will also generate a memo of understanding regarding City payments to the Township for the Parks Department. Councilor Carlet reported that the Parks and Recreation Committee met on this evening, June 5, 2000, at 6:00 p.m. in the Caucus Room. There was discussion regarding new rules for the parks which will be introduced to the City Council at its next meeting in the form of an Ordinance. Additionall_v, Councilor Carlet offered a report to the community regarding the Monon Trail parcel acquisitions. Councilor Carlet stated there ale nine parcels remaining and although attorneys representing those residents indicated that a settlement was imminent, negotiations continue to-date. Councilor Carlet advised that the Committee recommended the Mayor set a date for all negotiations to be concluded. Failure to do so will result in a withdrawal of all offers. Councilor Carlet stated that the City may then move on in its efforts to complete the Monon Trail. Councilor Battreall stated that the Public Safety Committee will meet on June 19, 2000, at 10:00 a.m. in the Caucus Room. Council President Rundie reported that the Rules Committee held its first meeting on May 26, 2000, at which time the Committee a~eed there should be a complete review of the Rules of the Council as one has not been done for some time. Council President Rundie also reported that each Committee Chairman should draft a mission statement as to their respective committee. Council President Rundie stated that the Utilities Committee should be re-designated as the Utilities and Transportation Committee and a revision to the Ordinance should also be done in order to reflect such. There was Committee discussion as to how items get on the Council Agenda as well as discussion concerning the authority by Councilors to engage ser~-ices of our outside law firm. Council President Rundie acknowledged there are no current rules in place to govern either issue; therefore, the Committee will readdress each matter at its next meeting. Councilor Battreall reported on behalf of Councilor I<:irby that the Utilities and Transportation Committee met on May 26, 2000. Councilor Battreall stated there was discussion concerning the need for additional transportation services from Indianapolis in order to facilitate the need for employees for local businesses. Councilor Battreall advised there were no decisions made at the time; however, the Director of the Chamber of Commerce was asked to move forward to determine the need for a possible bus or shuttle ser~-ice. OLD BUSINESS There was no Old Business. At this time, Council President Rundle asked to take the Agenda out of order and address the matter of New Business in order to devote the remainder of the evening to the matter at Public Hearing. NEW BUSINESS: Council President Rundie announced Resolution No. CC-06-05-00-01S A Resolution Approving Transfer of Funds by the Carmel City Court ($1,100.00 from Line Item No. 200 - Health Insurance into Line Item No. 690 - Library Reference Material). There was no Council discussion. Resolution No. CC-06-05-00-01 was approved 6-0. PUBLIC HEARINGS: Council President Rundie announced Ordinance No. Z-341; An Ordinance Amending Zoning Ordinance No. Z- 160, As Amended. Councilor I<:oven moved to introduce the Ordinance into business. Councilor Career seconded. There was a presentation made by Mr. Jim Nelson of Nelson and Frankenberger. Following Mr. Nelson's presentation, Ordinance No. Z-341 was opened for Public Hearing at 7:52 p.m. See attached Exhibit "B" for a list of speakers in opposition of and in support of the Ordinance. Seeing no one else who wished to speak the Public Hearing was closed at 9:11 p.m. There was no Council discussion. Councilor Wilson thanked everyone who came to speak on this matter and commended each individual presentation as well as the behavior of the audience. Council President Rundie stated that Ordinance No. Z-341 would return to the Council at its next meeting at which time a vote would be held and a decision rendered on the Ordinance. OTHER BUSINESS EXECUTION OF DOCUMENTS ADJOURNMENT: Council President Rundle moved to adjourn the meeting, pending the execution of documents. Councilor Battreall seconded. The meeting was adjourned at 9:14 p.m. Respectfully Submitted, Clerk-Treasurer ay, IAMC Approved, ATTEST: r James f3r~rfard ' ~ Clerk-Tre'asurer Dian~a~ · , 6,:5/00 M in utes June 5, 2000 To the Carmel City Council: In 1960, I was 7 years old. With our mother's permission, my 11-year-old brother took me to the store but we were not to cross the street. On the way, he decided to cross U.S. Highway 48 to get candy at the gas station. We made it across. But on the way back, I pulled from his hand and ran headlong into the speeding traffic. I remember waking to hear the wail of the ambulance and calling out for my mother. Hearing her soothing voice, I fell back into a coma. Again, I awoke briefly to see the man from the gas station lifting my stretcher from the ambulance. The next time I woke, I saw a policeman and a stranger. The stranger was introduced as the man who was driving the car that hit me. I cried for the policeman to let him go and that it was my fault. Again, I fell asleep. I never fully appreciated the trauma until 1971. I was driving past a school in Scottsburg, Indiana. Out of the comer of my eye I caught a glimpse of a child. By the time my foot hit the brake pedal, the young girl bounced off the grill of my car. I watched in horror as her limp body skidded through the intersection and bounced against the comer curb. As a school age youngster in West Milton, Ohio, I served as a school crossing guard. I also served as a school bus flagman. I would get out and stand in front of the bus holding a red stop flag to alert drivers that children were crossing the road. In those days, children rarely rode in car seats. Yet, today it is illegal to transport a child without proper safety measures. Today, we do more than ever before to protect children. Carmel school zones have a 25 M.P.H. limit even during non-school hours. Playgrounds are constructed far from the busy thoroughfares. And yet, you are constructing a linear park that funnels children directly into Carmel streets and roads. Exhibit "A" Thomas L. Harleman Page 2 On Sunday, June 04, two young boys about 11 years old were on bikes on the abandoned Monon corridor at my house. They said they were from Westfield but would not give their names or addresses so I could contact their parents. They had no identification. They begged me to let them go because they said they would get in trouble if their parents found out. When I went in to call the Hamilton County Sheriff, they fled. Where were YOU when they wandered so far from home? Each day, Vera Bailey watches from her porch as people on the Monon are nearly struck down by cars in front of her house. On May 25th, a car struck a 5-year-old girl who was using the Monon Trail crossing at Main Street. Which one of you drove the car? Who of you administered first aid? Who consoled her mother? SEE the child disregard the dangers. WATCH the horror of the onlookers. SUFFER the anguish of the automobile driver. FEEL the limp body in your arms. LISTEN to the wails of the mother. WITNESS the methodical pace of rescue squad. AWAKEN at night and feel your heart ache. YOU passed the resolution to take the Monon property. YOU sued nearly every Monon landowner. YOU caused the car to strike that 5-year-old girl. Thank God, she survived. The next child may not be so lucky. Thomas L. Harleman 11080 Willowmere Dr. Indianapolis, IN 46280 List of Speakers The following are names of those persons who spoke in opposition of Ordinance No. Z-341 at the Public Hearing during the City Council Meeting on June 5, 2000: · William E. Wendling, Jr. with Campbell, Kyle & Proffitt of 650 East Carreel Drive; · Leroy New of 1910 East 106th Street; · Brad Yarger with Yarger Engineering of 1401 Ellowmingle Drive; · John Greiner, President of the Woodland Springs Homeowners' Association; · Bill Moldt, representing the President of the Woodlands Homeowners' Association of 10923 Lakeshore Drive East; · Trudie Wanchow of 3020 Rolling Springs Drive; · James T. O'Neal, Sr. of 11318 Lakeshore Drive East; · Gerrie Bonnarrigo of 11138 Rolling Springs Drive; · Tom Beckman of 10916 Lakeshore Drive East; · Barbara Banks of 3804 Briar Place; · Dale Mueller of 3616 Glenn Springs Drive · Rob Schlaegel of 12189 Crestwood Drive; · L.D. Taylor of ll412 DonnaDrive The following gentleman spoke in support of Ordinance No. Z~341: · John Struck of 21 Woodland Drive; The following gentleman spoke of concern for his residence on 116th Street: · Bill Glockel of 1811 East 116th Street Exhibit "B" Woodland eSprin , InC. June 5, 2000 H o rn eown e rs' Association City Council '5~ivic Square IN 46032 Council Members, 18 1 presented to the Carmel Planning Commission the results of a survey of of Woodland Springs. The survey was done to ascertain the level of support or to .the Linder re-zoning petition. The results of that survey showed that 81% were opposed to rezoning, while only 8% supported rezoning. Woodland · s is a neighborhood of 415 homes with 700 adult residents. Our survey implies .approximately 550 are opposed to this rezoning petition. For reference this nearly 60% more people than the entire golf membership of Woodland Club. As you will hear from others to follow and from the petitions gathered, the of opposition to rezoning is not limited to Woodland Springs. I believe the ~nclusion you must draw is clear: A higb percentage of resident in Carmel, especially in the vicinity of 116th Street and Keystone Ave. oppose this rezoning initiative. the intervening months since the Planning Commission hearing, I have heard from of our concerned residents who are dismayed that this petition continues to move All are frustrated that 'their opposing points were not heard by either the ' commission or special studies commission. Residents including myself who those meetings observed discussion that relied almost exclusively on data by Mr. Linder's own attorney and engineering firm. Little of this data was The organized citizens opposed to this rezoning have now had to hire their attorney and engineer to point out the inconsistencies. planning commission focused almost entirely on, making this rezoning palatable to Citizens of Carmel vs. questioning why it was needed. The drive to support this th centers on the need to widen 116 street however, the City has not pursued ~ns to make the 116th street widening work within the existing layout of the golf mrse. There are other solutions that will work for that comer which would not affect golf course. You have just seen a small proposal from the engineer who was hired by concerned citizens. Options have to be evaluated. With regards to the negotiated 15 ,'ar exemption by Woodland Country Club, and the 30 year first right of refusal which supposedly guarantee no further development, residents of my neighborhood do not it. Not so many years ago, I am told, guarantees were made by a previous City to concerned residents that no commercial development would be allowed of 116th street and Keystone Ave. If this Council seeks to break previous promises, can say that future governments won't rescind the 15 year exemption for another ;at? P.O. BOX 1009 * CARMEL, IN 46032 * 317-848-6888 X-220 To conclude, I pose a challenge to this council - Separate the rezoning petition from the widening of 116th street. Who among you would support this rezoning if the widening of 116th street were not part of that consideration? If in your heart the answer is no, than you have an obligation to vote no and seek a better solution on 116tn street for the citizens of this community. Do not compromise your way into supporting this petition on the grounds it is good for everyone. The lure of donated land from Mr. Linder to the city does not make a bad decision good and the cost of granting this rezone and violating the 2020 vision of Carrnel will be borne by all the citizens of this community. ~,u~o~~,~ ~ f all Carmel citizens to vote "no" immediately on rezoning. on beha! of · · Greiner - ' ' ' President Woodland Springs Inc. illlibII WOODLANDS HOMEOWNERS ASSOCIATION, 10700 LAKESHORE Drove EAST CAK EL, 1N 46033 INC. Carmel City Council 1 Civic Square Carmel, IN 46032 Dear Council Members, The residents of the Woodlands Homeowners Association strongly support and affirm the City of Carmel's progressive plan for the development of more restaurants and commercial infrastructure to support the expansion of the 116th St. and Meridian corridor by bringing those business people back to both old and downtown Carmel and the proposed new City Center area. The thoughtful plan to revitalize these areas in need in concert with Carmel's other community needs for not-for-profit meeting space, arts and entertainment, recreation (Monon trail), and additional corporate and commercial development is needed in Carmel, especially in the developing area west of Rangeline Rd and south of West Cannel Drive. The Linder Group 's redevelopment of the Target Plaza into Merchants Square has been a greatly needed lift for the 116th St. and Keystone area and the surrounding neighborhoods. We salute the city's progressive and forward looking attitude toward bringing high caliber developments to this area for both the variety of businesses and housing options they offer. In January, after we became aware of the proposed Linder re-zone of the southwest comer of 116th and Keystone for Merchants Pointe, the Board of Directors of the Woodlands Homeowners Association decided to survey our membership to determine their stance on this issue. 352 of 420 homes were opposed to the rezoning for the following reasons: , The rezoning does not affect the much needed widening of 116th Street. The road will be widened anyway. Our residents view the City of Carmel as primarily a residential community. The green spaces provided by the golf courses and parks spread throughout the city are truly great assets appre6iated by all residents. Once a piece. of green space is developed, it is lost forever. The concept of the project is good. Most residents like the idea of more restaurants located in Carreel. However, the development of the Woodland Country Club property doesn't fit the well-thought-out master plan for the development of the City of Carreel. Most residents feel that once development is allowed south of 116th Street, Pandora' s box will be opened, and development will continue all the way to 96th Street. Keystone Avenue would then become an extension of Keystone at the Crossing, and would then be in danger of becoming another Castleton-type traffic hazard. We need "smart" growth that ensures that our homes and property value are protected. The 116th Street and Keystone intersection area needs traffic relief without further commercial development. Our residents are for the concept of the proposed project, but against its proposed location. Let's all work together and find an already appropriately zoned location for this type of development. On behalf of the residents and Board of Directors of the Woodlands Homeowners Association, I Urge you to vote "no" immediately on rezoning. Sincerely, Bill Moldt Representative Woodlands Homeowners Association, Inc. Gerrie Bonarrigo-Burton 11138 Rolling Springs Dr. I was directly involved in collecting signatures for our petition against the rezone. I spoke with homeowners all over Carreel. During those conversations several points became commonplace. Many people shared why they moved to Carmel and what they most enjoyed about Carmel. People chose Carmel because it has a good family atmosphere, good schools, low crime, good property values and it is aesthetically pleasing. Carmel has easy access to the city but it is NOT the city. It doesn't have the traffic, crime or the retail. Camel does have wonderful shopping all within minutes. Castleton, The Fashion Mall, Circle Center. We have all the benefits without the additional hassles of holiday traffic, noise and crime. During those conversation I encouraged people to write letters and last week when I checked the Merchants' Pointe file at City Hall I was pleased to see that 84% of the letters in the file were against the rezoning. I personally read and counted these and 52 were against the rezoning and only 10 were in favor. This was a surprise since we were lead to believe that the letters were about even - both pro and con and perhaps even a few more in favor. I remember talking with Mr. Linder on the phone on Dec. 23,1999. He stated he needed Merchants' Pointe to protect his business at Merchants' Square. I explained that I and many of my neighbors felt we needed to keep the zoning R1 to protect our biggest investment, our homes, and that perhaps he could locate Merchants' Pointe in another commercially zoned area. The impression Mr. Linder gave me was VERY CLEAR. We may not want it but a retail Mecca is coming anyway. He has too much invested in Merchants' Square - and we as private citizens could do very little to stop this rezoning. I certainly hope you do not agree with this. The phone surveys by Assoc. Presidents, the petition results from across Camel and the letters in the file show that the significant majority of Camel residents are against this project. To you our elected officials- Please DO NOT disregard those homeowners in the older developments. Please DO NOT devalue our property and ALL of Camel to enhance a recreational pursuit nor to further line a developer' s pockets. WE DO COUNT! I represent many of those homeowners those 2,000+ signers of our petition. We all have too much invested on our homes and in Carreel. PLEASE VOTE NO ON THIS REZONING!!!! THE MERCHANT'S PO1NTE PETITION My name is Trudie Wanchow. I live at 3020 Rolling Springs Dr. I am a 32 year resident of Woodland Springs. I would like to say a few words about our petition. Our signatures were gathered by many Cannel residents on a one-to-one basis with at least 5 minutes of discussion, each usually more. Therefore the signers of the petition were knowledgeable and concerned about the future of their city. They did not just sign a blank sheet. They had one or more of the concerns listed on our petition of which you have a copy. Most of the signatures were collected in February and March. We could have gotten many more but we felt that 2100 signatures would make our statement since a majority of those approached were against the rezoning.. The signatures come from all points in Carmel - north, south, east and west, not just the area around 116th and Keystone. All live within the Cannel/Clay Twp. boundaries. The signatures were checked and duplicates and those outside of the parameters were crossed off and not counted. Although only 16% of the people in Woodland Springs voted in May' s Primary, when we did our phone survey, 90% of the residents voted on THIS issue, 81% against and 9% for. There are 400 signatures on our petition from Woodland Springs and 1700 coming from other areas of Carmel or Clay Twp. including the far west. We have given each of you on the Council a copy of the petition. On the top of each personal packet are the signatures of your neighbors. They do not feel that this rezoning is in the best interest of the residents of Cannel. These are the residents that voted you into office.