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HomeMy WebLinkAboutCCM-04-20-98City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, APRIL 20, 1998 --7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES APPROVAL OF MINUTES a. March 16, 1998, Regular Meeting b. March 27, 1998, Special Meeting c. April 6, 1998, Regular 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-1350-97/Amendment to Park Joinder Agreement; Council President Kevin Kirby (tabled from the March 16, 1998, meeting) b. Second 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 c. Second Reading Ordinance D-1362-98/Amendment to Section 2-50 of the Cannel City Code (Overtime Policy); Barbara Lamb, Human Resources Director d. Second 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 ONE CIVIC SQUARE CARMEL, INDIANA 4.6032 317/571-2400 10. 11. 12. 13. 14. Second Reading Ordinance D-1364-98/Adoption of a Supplement to the Carmel City Code; Diana L. Cordray, Clerk-Treasurer PUBLIC HEARING a. First Reading Ordinance Z-325/Amendment to Zoning Ordinance, Section 23C.0/US 421-Michigan Road Corridor Overlay Zone; Carmel/Clay Plan Commission *published in The Daily Ledger on March 24, 1998 NEW BUSINESS a. Resolution CC-04-20-98-04/Resolution Approving Payment of Construction Costs for Hazel Dell Parkway ($541,235.70); Kate Boyle, Engineering OTHER ANNOUNCEMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, APRIL 20, 1998 --7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, 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 Brainard called the meeting to order at 7 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Mayor Brainard read a proclamation to Sue Dillon, founder of Citizens for Greenspace, and proclaimed April 20, 1998, Citizens for Greenspace 10th Anniversary Day. A member of Citizens for Greenspace thanked the council for its support and gave T-shirts to council members, the mayor and clerk- treasurer. Ms. Dillon showed councilors pictures of local school children helping plant trees. Bernie Fisher, Indiana State Forester, gave Carmel the Tree City USA award for the fourth year in a row. He commended Carmel for being one of 34 cities in Indiana and one of 2,000 cities nationwide to receive Tree City USA status. Mr. Fisher presented the council with the Tree City USA flag. APPROVAL OF MINUTES: Councilor Battreall moved to approve the minutes of the March 16, March 27 and April 6, 1998, meetings. Councilor Snyder seconded. The minutes were approved 6-1. Councilor Walker abstained because he did not attend the March 16 meeting. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Judy Deputy, 10630 N. Central Avenue, stated she was in favor of the Monon Trail. Nancy Blondin, director of the Carmel Clay Chamber of Commerce, presented the new Carmel maps to the council She stated the maps were paid for with money from the Chamber of Commerce, not with taxpayer dollars. Ms. Blondin stated the maps would be available at the front desk in Carmel City Hall. Donald L. Brown, 10345 Orchard Park Drive S., stated she was in favor of the Monon Trail. Mayor Brainard stated he wished to squelch a rumor that Carmel and Indianapolis were conspiring to put a railroad on the Monon Trail. He stated the City of Carmel would never use the Morion Trail for motorized transportation (Exhibit A). Roxy Brown, 10345 Orchard Park Drive S., stated she was in favor of the Monon Trail. Tom Kendall, 11818 Gray Road, stated he was displeased with the City's creation of the Public Education Civilian position in the police department and the salary paid to the person filling that position. He also stated he was displeased with the City's response to his and Michael Mountain's requests for public information. Mayor Brainard stated the City had responded to Mr. Mountain that he would receive the information requested via mail by the end of today. He also stated that in other instances the City had compiled data for Mr. Mountain that he had never picked up. Police Chief Michael Fogarty addressed some of Mr. Kendall's concerns. He stated that the police department, until hiring Nancy Heck for this position, did not have an employee to develop programs for community education or information. Chief Fogarty explained his reasons for hiring a civilian for this position and talked about the goals he expected Mrs. Heck to achieve. Councilor Rundle stated that the 1998 police budget was 2 percent lower than the 1997 police budget. He stated that the council did not micromanage the departments. He stated he was aware of the new position during the budgeting process. Councilor Kirby confirmed that the police budget did decrease, but stated the decrease was because some positions were never filled. Councilor Carter stated he recalled voting for the position and was aware of Mrs. Heck's qualifications. He stated he believed this was an appropriate use of community assets. Mayor Brainard relinquished the gavel to Council President Battreall. The mayor presented information about Carmel's population increase and the increase in number of City employees since his administration began (Exhibit B). Also included in the presentation were explanations of savings achieved by the City during his administration. CLAIMS: Councilor Rundle moved to approve claims for $704.16 and $661,563~36. Councilor Battreall seconded. The council voted 6-0 to approve claims. Councilor Snyder was out of the room during the vote. OLD BUSINESS: Mayor Brainard announced Ordinance D-1350-97. amendment to the Park Joinder Agreement. City Attorney Douglas Haney explained that he and the attorney for the Carmel Clay Board of Parks and Recreation had been unable to reach an a~'eement for several months on some of the language in the amendment. However, Mr. Haney stated he had spoken to the attorney less than two hours ago and that all parties had decided the pending amendment was no longer needed. He stated that the Township and City had passed resolutions independently, eradicating the need for a joint amendment. Mr. Haney recommended the amendment be defeated in its present form or die for lack ora second. Mayor Brainard stated that the ordinance had been seconded at its first introduction. Councilor Kirby moved to withdraw the ordinance. Councilor Carter seconded. Ordinance D-1350-97 was withdrawn 7-0. Mayor Brainard announced Ordinance D-1361-98. an ordinance amending Section 2-49 of the Carmel City Code (formerly D-1345-97 regarding holiday pay). Human Resources Director Barbara Lamb explained that the three ordinances on the agenda affecting City employees would standardize holiday pay and make it more equitable. She stated it would have a minimal fiscal impact. Ms. Lamb stated the fire department would be treating holiday pay differently and that the chief was at the meeting to discuss the issue if needed. She also stated that Street Commissioner David Klingensmith, Utilities Manager John Duffy and Chief Fogarty also were present. She recommended that two amendments (Exhibit C) be made to Ordinance D-1362-98. an ordinance amending Section 2-50 of the Carmel Ci_ty Code (overtime policy), one o£which Councilor Carter had brought to her attention in the past 24 hours. Councilor Rundle stated he was bothered that the ordinances allowed the departments to decide whether overtime would be paid or comp time accrued for overtime hours worked. He stated he hoped the issue would be looked into further. Councilor Rundle moved to amend Ordinance D-1362-98 as recommended by Ms. Lamb (Exhibit C). Councilor B attreall seconded. The amendment to Ordinance D-1362- 98 was approved 7-0. Ordinance D-1362-98. as amended, was approved 7-0. Ordinance D-1361-98 was approved 7-0. Ordinance D-1363-98. an ordinance amending Section 2-81 of the Carmel Ci_ty Code (salary. ordinance amendment regarding holiday pay) was approved 7-0. Mayor Brainard announced Ordinance D-1364-98. adoption of a supplement to the Carmel City Code. Ordinance D-1364-98 was approved 7-0. PUBLIC HEARING: Councilor Battreall stated this was the second reading of Ordinance Z- 325, an amendment to Section 23C.0 of the Zoning Ordinance .(US 421-Michigan Road Corridor Overlay Zone), not the first reading as listed on the agenda. Mayor Brainard opened the public hearing at 8:25 p.m. R.J. Klein, a property owner along Michigan Road, read a letter he had written to the plan commission director. Mr. Klein stated he was concerned about the restrictions placed on the type of development in the overlay zone by the proposed ordinance. John Pearson. owner of Pearson Ford at 106th Street and Michigan Road, stated he wanted good development along Michigan Road, and asked the council to take its time approving the ordinance. Tom Harris, a property owner along Michigan Road, stated he was concerned about the effects of the ordinance. Mayor Brainard clarified that the ordinance was still being considered by the council and had not been adopted. He explained the statutory process of approving a zoning ordinance: 1) 2) 3) 4) 5) 6) The plan commission is a joint advisory board (Carmel Clay Plan Commission) Plan commission studies an issue then passes an advisory ordinance Plan commission sends the ordinance to council If council wants to change the proposed ordinance, council must send the ordinance back to plan commission When plan commission returns the ordinance to council, councilors may change the ordinance without returning it to plan commission The mayor has no veto power on zoning ordinances Brian Tuohy, an attorney with Stark, Doninger & Smith, addressed the council as representative for citizens who owned about 150 acres of property within the US 421 Overlay Zone. Mr. Tuohy explained that his clients did not have a problem with allowing only high-end retail as outlined in the ordinance. He stated they were concerned about the specificity of the ordinance. He stated his clients wanted the council to wait before passing the ordinance so their architects and engineers could work with City planners to accurately determine what development was permitted under the proposed ordinance. Mr. Tuohy presented a sketch of a development one of his clients wanted to build along Michigan Road. He stated that his client's architects and designers did not think the development could be built if the proposed ordinance was approved. Mr. Tuohy stated his clients were concerned that the proposed ordinance would devalue their property. Timothy Van Kirk, president of Richard Nichols Associates, stated the proposed ordinance would devalue land in the Michigan Road Overlay Zone because of the many restrictions in the ordinance, such as the atypical retail design format required. Brian Shapiro. 4610 Woodhaven Drive, stated he was in favor of the ordinance. He showed pictures of stores in Georgia built within strict building guidelines. Rick Sharp, 1309 Thornbird Lane, special studies committee chairman, stated he was concerned that residents were unaware of the committee meetings held throughout the past six months to write the ordinance. He stated he believed the City had gone above and beyond in noticing the meetings and sending mailings to residents. Mr. Sharp stated the studies committee had held meetings specifically for developers to offer input and had held public hearings in the evening for the public. He stated the studies committee had taken two unanimous votes on the ordinance, and that the plan commission also had voted unanimously in favor of it. Mr. Sharp clarified that the ordinance before the council tonight was an amendment to the ordinance that was passed in 1980. Mr. Sharp stated the proposed ordinance was not as restrictive as some perceived it to be. He spoke in detail about specific restrictions in the ordinance. Mr. Sharp stated the development sketch displayed by Mr. Tuohy materially complied with the proposed ordinance. He stated that Mr. Tuohy's clients should have attended the meetings leading up to the final draft of the proposed ordinance. Mr. Tuohy stated his client's architects and designers did not find the development sketch acceptable under the proposed ordinance. He stated that his clients were asking for some time to clarify the misunderstandings. Mayor Brainard asked Mr. Tuohy how much time his clients needed to clarify the issues. Mr. Tuohy stated he would like the council to postpone a vote on the ordinance for 60 to 90 days. Councilor Kirby suggested the ordinance be tabled for two meetings. He stated he wanted those involved to be absolutely sure the ordinance stated what it was intended to state. Councilor Kirby emphasized that the US 421 landowners needed to be specific on what parts of the ordinance they wanted changed. John Molitor, attomey for the plan commission and Board of Zoning Appeals, stated the council had 90 days from June 21, 1998, to act on the ordinance or it would become law as is. He stated that June 21st was the day the ordinance was certified from the plan commission to the Clerk- Treasurer's Office. Mr. Sharp stated he didn't see the need for the ordinance to be tabled, but wanted to do what was best for Carmel. He asked that only specific concerns be returned to the plan commission. Nancy Blondin. director of the Carmel Clay Chamber of Commerce, stated that waiting one month to develop the clearest possible ordinance couldn't hurt anything. Mr. Klein stated someone should ask the businesses that Carmel wanted along Michigan Road if they would locate there under such restrictive guidelines. Mr. Shapiro stated some tenants had agreed to do SO. The public hearing was closed at 9:42 p.m. Councilor Kirby moved to table Ordinance Z-325 for two meetings. Councilor Miller seconded. Councilor Walker stated he hadn't heard a specific complaint regarding the ordinance. He stated he wanted the complaints in writing. Mayor Brainard asked Mike Hollibaugh, long range planner for the Department of Community Services, to take the development plans presented by Mr. Tuohy to review them. Councilor Battreall stated the process to develop this proposed ordinance had been going on for about a year. Councilor Carter stated Mr. Sharp and the plan commission had done a good job, and he didn't think the ordinance should be postponed any longer. Councilor Kirby stated the ordinance had been in its finalized form for over a month. He stated that if those who were not pleased with the proposed ordinance did not produce constructive changes or additions, council would approve the ordinance in its cmrent form. Councilor Battreall stated that since the ordinance was listed on the agenda as first reading, the council technically might not be allowed to vote on it at this meeting. Councilor Kirby clarified that his motion was to table the ordinance until the second meeting in May. Councilor Snyder stated she would table the ordinance grudgingly because it couldn't hurt to check for language technicalities. Councilor Miller stated he was in favor of tabling the ordinance for two meetings. Mr. Tuohy stated this was acceptable to him and his clients. He stated they would present specific objections to Mr. Sharp and the plan commission director. Councilors Carter and Battreall stated they wanted assurance that no projects would be submitted before the council's second meeting in May. One of Mr. Tuohy's clients stated that Shell had a project it was developing on his property, but that authority over the project was out of his hands. Councilor Walker asked if the council legally could amend the motion to state it would table the ordinance for two meetings barring no development proposals were submitted to DOCS for consideration during that time. Mr. Molitor stated that would not be legal, and that if the council tabled the ordinance, it was taking its chances. Councilors discussed other options with Mr. Molitor. Mr. Tuohy stated that they would get control over the project. Councilor Walker called for the question. Ordinance Z-325 was tabled until the May 18. 1998. meeting 6-1. Councilor Carter voted no. NEW BUSINESS: Mayor Brainard announced Resolution CC-04-20-98-01. a resolution approving pa_vment of construction costs for Hazel Dell Parkway ($541.235.70). Councilor Rundle moved to approve the resolution. Councilor Kirby seconded. Resolution CC-04-20-98-01 was annroved 7-0. ADD-ON ITEM: Mayor Brainard stated the item before the council to be added to the agenda was Ordinance C-191. an ordinance repealing Annexation Ordinance C-188. to annex part of western Clay T0wn$hip. He stated Annexation Ordinance C-188 was not supported by the people. Councilors discussed the legal process of adding the item to the agenda. Councilor Walker stated he wanted to receive a written description of the difference between annexation and consolidation. Mayor Brainard stated that a unanimous vote was required to add an item to the agenda. He stated that the council could not pass the ordinance tonight if they added it to the agenda because it required two readings. Councilor Kirby stated he would rather see major items such as this on the regular agenda. City Attorney Douglas Haney stated he submitted the ordinance to the Clerk-Treasurer's Office less than 24 hours after the deadline. He stated the clerk-treasurer was informed of the item about 12 hours after the deadline. No motion was made to add C-191 to the agenda. Councilor Kirby moved to adjourn the meeting. Councilor Walker seconded. The meeting was adjourned at 10:10 p.m. Respectfully submitted, City of Carmel One Civic Square NEWS RELEASE Carmel, IN 46032 Date: Contact: Release: April 20, 1998 Mayor Brainard (317) 571-2401 Immediate New Covenant Prohibits Use of Mass Transit on Monon Carmel, IN - Carmel City Officials have added a covenant, restricting rail, bus or other mass transit uses for the Monon Trail. The new covenant is the eleventh designed to help provide privacy, security and protection for the landowners along the Monon. · "There have been several rumors that the trail will be used for some form of mass transit in the future. We wanted to put those rumors to rest and formalize our promise not to use the trail in that manner. We have never entertained the idea of turning the trail into a motorized mass transportation or rail system," said City Council member Ron Carter. "The main use and purpose of the trail is and always will be for recreation, not motorized use. We want the citizens of Carmel to have an engaging linear park; a place to exercise or enjoy some recreation with their families," said Mayor Jim Brainard. A copy of the covenants are attached.