Loading...
HomeMy WebLinkAboutCCM-04-06-98I Ckyof Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, APRIL 6, 1998 --7 P.M. COUNCIL CHAMBERS / CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. 10. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES APPROVAL OF MINUTES a. March 16, 1998, Regular Meeting March 21, 1998, Special Meeting RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL ACTION OF MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS OLD BUSINESS a. Second Reading Ordinance D-1360-98/Araendment to Section 8-120 of the Carmel City Code (Adding 3 Way Stop Signs at the Intersection of River Avenue, 122nd Street and Medalist Parkway); Councilor Norm Rundle PUBLIC HEARING a. Ordinance Z-325/Amendment to Zoning Ordinance, Section 23C.0/U.S. Highway 421, Michigan Road Corridor Overlay Zone; Carmel/Clay Plan Commission ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/57D2400 11. 12. 13. 14. NEW BUSINESS a. First Reading Ordinance D-1361-98/Amendment to Section 2-49 of the Carmel City Code (Formerly D-1345-97 Regarding Holiday Pay); Barbara Lamb, Human Resources Director b. First Reading Ordinance D-1362-98/Amendment to Section 2-50 of the Carmel City Code (Overtime Policy); Barbara Lamb, Human Resources Director c. First Reading Ordinance D-1363-98/Amendment to Section 2-81 of the Carmel City Code (Salary Ordinance Amendment Regarding Holiday Pay); Barbara Lamb, Human Resources Director d. First Reading Ordinance D-1364-98/Adoption of a Supplement to the Cannel City Code; Diana L. Cordray, Clerk-Treasurer OTHER a. Common Council Appointment to the Cable TV Advisory Committee; Current Appointment is Robert Battreall; Two Year Term beginning April 1 [City Code Section 2-21 (a)(2)] ANNOUNCEMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, APRIL 6, 1998 --7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Council President Robert Battreall; Councilors Kevin Kirby, Jim Miller, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerk Rebecca Wolf also attended. Mayor James Brainard was absent. Council President Battreall, acting as presiding officer in place of Mayor Bralnard, called the meeting to order at 7:05 p.m. Councilor Miller gave the invocation. Councilor Battreall led the Pledge of Allegiance. APPROVAL OF MINUTES: Councilor Miller moved to approve the minutes from the March 16, 1998, regular meeting. Councilor Snyder seconded. Councilor Carter stated that the $500,000 listed on Page 2 of the minutes was for the Morion Trail, not the Indianapolis Water Company site. Councilor Rundle stated he had read an article in The Daily Ledger that claimed the park board had not yet requested an appropriation for the Monon Trail. Township Board Member Bob Book addressed the council at the request of Councilor Rundle. Mr. Book explained that a public hearing would be held at the Township Government Center on April 27, 1998, to discuss the special appropriation. Mr. Book stated he believed the $500,000 included money for the Monon Trail, the White River Trail (IWC site) and other projects. Councilors discussed whether to approve the minutes as written or to table them. Clerk-Treasurer Cordray stated she would listen to the audio tapes of the meeting to find out what Parks Board President Judy Hagan said regarding the $500,000. The March 16. 1998. minutes were approved 6-1. Councilor Walker abstained because he did not attend the March 16 meeting. Councilor Snyder moved to approve the minutes of the March 21, 1998, meeting. Councilor Walker seconded. Councilor Rundle stated he was concerned that the following sentence at the bottom of Page One was inadequate: Mayor Brainard addressed the council regarding several street improvement projects and their associated costs. Councilor Rundle moved that the mayor's handout regarding potential projects and unappropriated capital funds be included as part of the minutes. Councilor Miller seconded. Councilor Miller moved to approve the minutes with the attachment. Councilor Snyder seconded. The March 21 minutes were approved 6-1. Councilor Walker voted no. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Councilor Battreall explained there was no limit on the length of time citizens could speak, but asked speakers to keep their comments to five minutes. H. K. (Tom) Thompsom 2020 E. 109th Street, asked council to take immediate action on the mayor's recommendation and formally rescind Annexation Ordinance C-188. He also asked for a task force to be created to study consolidation of Clay Township and the City of Carmel. Bob Book, Clay Township Board Member, presented council with material compiled by the township in 1996 regarding consolidtion. Vera Bailey, 220 Second Street S.W., stated she was against the development of the Monon Trail an asked councilors to change their mind. Ruth Moffitt, 120 Winona Drive, against the Monon. Beth Moon. 133 Old Grayce Lane, against the Monon. Mary. Myla_vta, 49 Granite Court, against the Monon. Sallie Nyhart Peeler, 1136 Hialea Court, against the Monon. Leth Ether Wh' nant, 142 Rolling Hill Drive, against the Morion. Thomas Harleman, 11080 Willowmere Drive, against the Morion. CLAIMS: Councilor Snyder moved to approve claims in the mounts of $167,021.06, $359,524.13, $1,053,673.22 and $7,718.73. Councilor Rundle moved to add claims for $1,483,919.51 to Councilor Snyder's motion. Councilor Snyder seconded. The council voted 7-0 to add the claims to the original motion. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Battreall announced the April 14, 1998, Cable Television Advisory Committee meeting. ADD-ON ITEM: Councilor Snyder moved to add Ordinance D-1358-98. an ordinance approving the issuance of bonds, etc. (Ci _ty Center Project) to the agenda as Old Business. Councilor Miller seconded. The ordinance was added to the agenda. OLD BUSINESS: Councilor Battreall announced Ordinance D-1360-98. an amendment to Section 8-120 of the Carmel Ci_ty Code adding three-way stop signs at the intersection of River Avenue. 122nd Street and Medalist Parkway. Councilor Rundle stated he had explained the ordinance in detail at the previous regular meeting. He summarized that the intersection was dangerous and that all warrants for the stop signs had been met. Ordinance D-1360-98 was approved 7-0. Councilor B attreall announced Ordinance D-1358-98. an ordinance approving the issuance of bonds, etc. (Ci _ty Center Pro_iect), and explained the ordinance was for a $10.5 million bond issue to fund the City Center Project. Councilor Kirby stated that his technical concerns regarding the bond issue had been answered, but that he could not vote for the ordinance because the City did not have a developer committed to the project. Neal Steinbart of Barnes & Thornburg, the City's bond counsel, explained all agreements were in place among the city council, the mayor, the clerk-treasurer, the Carmel Redevelopment Authority and the Carmel Redevelopment Commission. Councilor Snyder stated that the meeting at which the council originally discussed the bond issue was not televised with sound. Councilor Snyder explained the council's actions for viewers who may not have understood what the council was doing. She explained the council last year had approved an agrecnnent of a bond issue for road construction of Hazel Dell Parkway and other infrastructure improvements that did not give the council control over the money, except for reviewing claims after the funds already had been spent. Councilor Snyder stated that in approving Ordinance D-1358-98, the council, along with the other bodies mentioned in the agreement, reserved authority to approve large changes in expenditures for the City Center project. She stated that the governmental bodies involved in the bond issue had permitted the council to put language in the Hazel Dell bond issue giving the council the same authority retroactively. Ordinance D- 1358-98 was ar>proved 6-1. Councilor Kirby voted no. PUBLIC HEARING: Councilor Rundle moved to introduce Ordinance Z-325. an amendment to the Section 23C.0 of the Zoning Ordinance (US 421-Michigan Road Corridor Overlay Zone). Councilor Snyder seconded. Steve Engelking, director of the Department of Community Services, explained the goals of the ordinance, the history of all meetings and hearings pertaining to the ordinance and the procedure of giving public notice for these meetings and hearings. Mr. Engelking stated that ail meetings were noticed in compliance with the law. He stated that when the US 421 Task Force began meeting in October 1997, the City sent 109 letters to citizens owning property within the US 421 Overlay Zone. Councilor Walker asked if the statute required the City to obtain a receipt of mailing for letters sent to absentee property owners. John Molitor, counsel to the Carmel/Clay Plan Commission, stated the City was in compliance with all due process laws. Councilor Battreall explained the council was asking these questions because the City had received six letters from property owners who claimed they were not notified about the meetings and/or hearings. Councilor Kirby stated that sending the 109 letters was above and beyond the call of duty. Councilor Snyder stated she was displeased that property owners would complain with the almost-finished product when they wouldn't participate in the development process. Councilor Snyder stated that since the president of the plan commission was out of town and not able to make a presentation at tonight's meeting, she would move to extend the public hearing to the next meeting. Councilor Rundle stated he did not believe land owners had had adequate time to review the ordinance before council. Mr. Molitor stated the plan commission's public hearing of the ordinance was noticed at least 25 days prior to the hearing. He stated that although the notice did not include a draft of the ordinance, it did state that copies were available in the Department of Community Services for review. Mr. Molitor stated the City did not send certified letters to land owners because statute requires certified letters to be sent to adjacent property owners only when a rezone is being attempted. Councilor Battreall opened the public hearing at 8:14 p.m. Brian Tuohy, an attomey with Stark, Doninger & Smith, addressed the council as representative for citizens who owned about 150 acres of property within the US 421 Overlay Zone. He stated many of his clients did not live in this area and had not received the letters, nor were they able to know of notices in the local paper. Mr. Tuohy stated he was not arguing the City failed to give adequate notice, but was stating that many of his clients were unaware of the meetings regardless. He stated his clients were asking for time to review the ordinance that was approved at the March 17, 1998, plan commission meeting and introduced by the council tonight. On behalf of his clients, Mr. Tuohy asked the council to wait at least 90 days until the first consideration of this ordinance. Councilor Snyder and Mr. Tuohy discussed which parcels Mr. Tuohy represented. Councilor Snyder asked Mr. Tuohy that if the council were to delay this ordinance, would his clients commit in writing to not submitting a proposal under the old roles. Mr. Tuohy stated this was possible. Councilor Carter stated he was not in favor of delaying consideration of the ordinance. He stated he did not think this would be fair to property owners who had participated in the process of developing the ordinance. Councilor Carter and Mr. Tuohy discussed Mr. Tuohy and his clients' attendance at the task force and plan commission meetings. Councilor Rundle stated the three weeks between the plan commission's approval of the ordinance and tonight's meeting was not sufficient time for land owners to assess the impact of the ordinance on their property values. Councilors discussed some of the property use exclusions listed in the ordinance. Mr. Engelking listed the exclusions included in the ordinance and discussed other sections of the ordinance. Mr. Engelking recommended that the council not exceed 90 days from the date of the plan commission's certification of the ordinance to the council, which was March 23 or 24, before acting on the ordinance. Councilor Snyder moved to keep the public hearing open until the next meeting. Councilor Miller seconded. The council voted 6-! to keep_ the public hearing open until the next meeting. Councilor Walker voted no. He stated the hearing should be kept open longer. Councilor Battreall noted that the council took no consideration of the ordinance at this meeting. Councilor Rundle and Mr. Molitor discussed some wording in the ordinance. NEW BUSINESS: Councilor Carter moved to introduce Ordinance D-1361-98. an ordinance amending Section 2-49 of the Carmel City Code (formerly D-1345-97 regarding holiday pay). Councilor Walker seconded. At the request of Human Resources Director Barbara Lamb, the council introduced the following two ordinances also: Ordinance D-1362~98. an ordinance amending Section 2-50 of the Carmel City Code (overtime policy) and Ordinance D-1363-98. an ordln~nce amending Section 2-81 of the Carmel Ci_ty Code (salary_ ordinance amendment zg~l~iillgJl~lg,'L~. Councilor Walker introduced D-1362-98. Councilor Carter seconded. Councilor Walker introduced D-1363-98. Councilor Millm' seconded. Ms. Lamb thanked Roger Conn of the police department for explaining to her the history of the holiday pay procedure. Ms. Lamb explained the three ordinances before the council. She stated they were not overly simple to administrate, but that they were the most equitable and could not be abused easily. Ms. Lamb stated that the three ordinances were in agreement, differing from the ones they were replacing. She stated the fiscal impact would be minimal. Ms. Lamb pointed out Ordinance D-1362-98, Section 1.A.(5) included an error defining a Regular Work Week. She stated that instead of "beginning at midnight Saturday and ending at midnight the following Friday" it should include the following: beginning at midnight Saturday and ending at midnight the following Saturday. Clerk-Treasurer Cordray explained that these ordinance were being considered now so departments would have this information for budgeting purposes. Councilor Rundle and Ms. Lamb discussed compensatory time and overtime pay. Councilor Battreall opened the meeting for public comment. No one from the public wished to speak. Ordinances D- 1361-98. D-1362-98 and D-1363-98 were carried over to the next meeting. Councilor Walker moved to introduce Ordinance D-1364-98. adoption of a supplement to the Carmel City Code. Councilor Snyder seconded. Councilor Battreall explained the ordinance was to approve the incorporation of recently approved ordinances into the city code. Ordinance D- 1364-98 was carded over to the next meeting. OTHER: Councilor Battreall moved to nominate Philamena Squier, 1319 Lawerence Road, as the council's appointment to the Cable TV Advisory_ Committee. Councilor Walker seconded. Councilors Snyder and Battreall discussed the importance of having resumes from citizens interested in being appointed to a City committee. Councilor Walker called for the question. Philamena Squier was appointed 7-0. Clerk-Treasurer Cordray pointed out that councilors did not add to the agenda one of the general claims. Councilor Snyder moved to add on and approve claims for $976,924.99. Councilor Carter seconded. Councilor Snyder called for the question. The claims were added on and approved 7-0 for $976,924.99. ANNOUNCEMENTS: Councilor Snyder commended Councilor Battreall on putting together a budget hearing schedule. The council will have budget hearings for City budgets on July 14 and 16, 1998, and for joinder budgets on July 21 and 32, 1998. Councilor Snyder moved to adjourn the meeting. Councilor Carter seconded. The meeting was adjourned at 9 p.m. Attest: Respe ~lly submitted,