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HomeMy WebLinkAboutCCM-10-21-96City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, OCTOBER 21, 1996 -- 7 P.M. COUNCIL CHAMBERS / CITY H/~T.r, / ONE CIVIC SQUARE Meeting Called to Order Invocation Pledge of Allegiance Recognition of Outstanding Citizens/City Employees a. Recognition of Visiting Teachers from Carmel's Sister City, Kawachinagano, Japan 1. Mr. Hiroshi Yanbe, Mohawk Trails Elementary 2. Shunji Hayashi, Carmel Junior High School 3. Kunihiko Ikemoto, Carmel High School 4. Chihiro Koike, Carmel High School 5. ToshikazU Uchikawa, Mohawk Trails Elementary Approval of Minutes a. September 24, 1996, Special City Council Meeting b. September 27, 1996, Executive Session City Council Meeting c. September 27, 1996, Special City Council Meeting d. October 7, 1996, City Council Meeting Recognition of Citizens Who Wish to Address the Council a. Sandra Otte, President of T.E.A.M Awareness, the former Carmel Clay Community Drug Task Force Action of Mayoral Vetoes Claims a. $538,549.41 b. $30,865.03 c. $617.00 d. $1,892,498.84 Claims Retirement State Tax Withholdings Investments Committee Reports Old Business a. Second Reading Ordinance Z-314/Amendment to Zoning Ordinance No. Z-160, As Amended/Rezone Request of The ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. 11. 13. 14. Ralph Morgan Family/James J. Nelson, Nelson & Frankenberger Second Reading Ordinance D-1248-96/Authorization to Issue Industrial Development Revenue Bonds, Series 1996A and Series 1996B/Mayor Brainard Public Hearings a. First Reading Ordinance C-185/Annexation of Real Estate near 131st Street and River Road/BDC/Cardinal Ventures, L.P./James J. Nelson, Nelson & Frankenberger b. First Reading Ordinance C-187/Annexation of Carey Grove Park/Carmel Clay Park and Recreation New Business a. First Reading Ordinance D-1249-96/An Ordinance to Establish an Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure/Carmel Clay Plan Commission b. First Readin~ Ordinance D-1250-96/AR Ordinance Enacting and Adopting A Supplement to the Code Of Ordinances Of the City Of Carmel, Indiana c. Resolution CC-10-21-96-01/A Resolution Approving an Agreement Between the Carmel and Indianapolis Water Company Other Announcements Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, OCTOBER 21, 1996 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Councilors Kirby, Miller, Battreall, Rundle, Snyder, Carter and Walker. Clerk-Treasurer Cordray and Chief Deputy Wolf also attended. Mayor Brainard called the meeting to order at 7:03 p.m. Miller gave the invocation. The mayor led the pledge of allegiance. Councilor RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Kyle Luper, science teacher in the Carmel Clay Schools system, introduced several Japanese teachers visiting Carmel from Kawachinagano, Japan. Each teacher received a commemorative pin. APPROVAL OF MINUTES: Councilor Battreall moved to approve minutes as listed on the agenda (items 4a, 4b, 4c and 4d). Councilor Rundle seconded. All members voted AYE. The minutes were approved 6-0. Councilor Kirby was not yet present. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Sandra Otte, president of T.E.A.M. Awareness, explained the renamed drug task force's major task was to educate students and parents about the dangers of drugs. Dick Frost, 507 Stonehenge Drive, again brought up the issue of the Clerk-Treasurer's bond. Clerk-Treasurer Cordray responded that she had obtained an opinion from the city attorney about the bond, and that the attorney stated the bond was valid. (The legal opinion is on file in the Clerk-Treasurer's Office.) Tom Kendall, 11818 Gray Road, presented information about Carmel's water supply and voiced concern about Carmel selling water to Indianapolis. Josephine McCormick, 11035 Lakeshore Drive W., expressed concern that Carmel was taking all the risks in the proposed agreement with the Indianapolis Water Company. Alan Potasnik, 572 Melark Drive, presented questions about the proposed IWC agreement. Mayor Brainard responded to Mr. Potasnik's questions. There is no difference between a contract and an agreement. The contract includes a unilateral extension from 10 years to 12 years. A purchaser could drill into the aquifer north of 146th Street, but this is not economically feasible. The agreement is set up so the utilities director can make some decisions without calling an emergency meeting of the council. The ultimate control over the utilities is with the council, because, by law, the council can relieve the Board of Public Works of its operation and daily management of the utilities. The water being provided in the contract is raw, not processed, water. The right of way is available. The money obtained from the agreement would help the utilities in a wet year. The parties have set the amount of the damages in the contract if one party breeches the contract. Administrative costs are roughly between 1 percent and 2 percent. John Moilwraith, 11328 Lakeshore Drive E., voiced concerned about Carmel selling water to Indianapolis. CLAIMS: Councilor Snyder moved to approve the claims as listed on the agenda (items 7a, 7b, 7c and 7d). Councilor Walker seconded. All members voted AYE. The claims were approved 7-0. CO~4ITTEE ~EPORTS: Councilor Snyder discussed the funding and value of the Hamilton County Alliance. Jeff Burt, member of the alliance, discussed the group's recent retreat and its goals. OLD BUSINESS: Jim Nelson, representing the Ralph Morgan family, introduced the rezone request/Ordinance Z-314. Tom Yedlick, 5053 St. Charles Place, stated he was against the rezone because he thought the houses would be inferior to those in Kingswood. Councilor Miller stated the rezone would make the zoning in Kingswood equal to that in the proposed rezone area. Mr. Nelson pointed out that at least four different zonings existed immediately around the Morgan family's property. Councilor Kirby stated he would like to wait on approving the rezone until zoning classifications are rewritten. Mr. Nelson explained this rezone would put the land into compliance with the city's recently approved comprehensive plan. Councilor Kirby moved to approve the rezone. Councilor Snyder seconded. Six members voted AYE. Councilor Rundle voted no. Ordinance Z-314 was approved. Mayor Brainard introduced Ordinance D-1248-96/Authorization to Issue Industrial Development Revenue Bonds and asked the council if it would pass the ordinance on the condition the city attorney had the right to approve the final agreement of right-of-way between the city and the company. The mayor explained that Telamon Corporation's architect was out of the country and couldn't be reached in time for the council meeting. Richard Starkey, bond counsel for the issuance, stated he requested passing the ordinance in this fashion so the Telamon Corp. could begin construction. Mayor Brainard explained the right-of-way consisted of 75 feet from the center line on either side of ll6th Street. He added that this was a new idea and that the goal was to obtain right-of-way along ll6th Street from College Avenue to Rangeline Road. Councilor Kirby stated he believed the right-of- way was unconnected with the bonds. Councilor Battreall moved to amend the ordinance giving power to work out the right-of-way issue to the city attorney. Councilor Miller seconded. Albert Chen, owner and president of Telamon, stated he would do whatever was best for Carmel. Councilor Walker called for the question. Councilors Miller, Battreall, Carter and Rundle voted AYE. Councilors Kirby, Snyder and Walker voted no. The amendment to the ordinance was passed. All members voted AYE to approve Ordinance D-1248-96. The ordinance was approved. PUBLIC HEAllING: Councilor Walker moved to approve Ordinance C- 185/Annexation of Real Estate near 131st Street and River Road. Councilor Snyder seconded. Jim Nelson, representing BDC/Cardinal Ventures, L.P., presented the request. The mayor opened the public hearing at 10:01 p.m. No one from the public wished to speak. He closed the public hearing at 10:02 p.m. The ordinance was carried over to the next meeting. Councilor Battreall moved to approve Ordinance C-187/Annexation of Carey Grove Park. Councilor Walker seconded. The mayor opened the public hearing at 10:05 p.m. No one from the public wished to speak. He closed the public hearing at 10:06 p.m. The ordinance was carried over to the next meeting. NEW BUSINESS: Councilor Carter moved to approve Ordinance D-1249- 96/An Ordinance to Establish an Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure. Councilor Walker seconded. Councilor Miller moved to waive the reading of the ordinance. Councilor Battreall seconded. All members voted AYE. The reading was waved. The ordinance was carried over to the next meeting. Councilor Battreall moved to introduce Ordinance D-1250//tn Ordinance Enacting and Adopting a Supplement to the City Code. Councilor Snyder seconded. Councilor Battreall moved to waive the reading. Councilor Snyder seconded. All members voted AYE. The reading was waved. The ordinance was carried over to the next meeting. Councilor Walker moved to introduce Resolution CC-10-21-96-01/A Resolution Approving an Agreement Between Carmel and IWC. Councilor Rundle seconded. Councilors Miller and Walker stated that they were both concerned with the human aspect and that it was ridiculous not to sell water when the Carmel has a surplus. Councilor Battreall stated he was concerned because no cost escalation clause was in the contract. Councilor Kirby stated the board should wait until the next meeting to make a decision. Councilor Rundle stated he was most concerned with the life of the wells. Utilities Manager John Duffy, along with Brian Howton and Clifford Gordon of Jones & Henry, explained how the depreciation costs were figured into the contract, how the life of a well was determined, why the contract covered so many years, and which governing body most closely controlled the amount of water sold. Councilor Carter asked if the contract should include a maximum cost. Utilities Manager Duffy stated he was comfortable with the estimated cost of $582,000, explaining that change orders make it difficult to set a limit. Councilor Kirby moved to table the resolution. Councilor Walker seconded. All members voted AYE. The resolution was tabled until the next meeting. ANNOUNCEMENTS: Mayor Brainard stated that the city needed workers to conduct the special census. Councilor Kirby stated how uncomfortable he was about taking the land for the right-of-way from Telamon Corp. He stated that Indiana has an efficient process to acquire public right-of-way that allows the property owner due process. Councilor Snyder agreed. Clerk-Treasurer Cordray reminded people that the November ballot included a referendum question regarding the investment of pension funds. She also gave council members copies of a contract approved at the October 16, 1996, Board of Public Works meeting regarding the storage of files. She stated the contract, which was renewed on a week-to-week basis so she could examine the files before she moved them from the warehouse, was with Weaver Realty. Clerk-Treasurer Cordray stated she will file a conflict of interest form because the owner of the warehouse is a client of the corporation she and her husband own (See attached). Councilor Carter stated he wished he had not voted for the amendment of Ordinance D-1248-96. Councilor Kirby stated the council still could repeal the amendment because it was still in session. Councilor Carter moved to withdraw the amendment and take Mr. Chen's word that he would do whatever was best for the community. Councilor Snyder seconded. All members voted AYE. The amendment was withdrawn. Councilor Walker moved to adjourn the meeting. Councilor Battreall seconded. The meeting was adjourned at 10:40 p.m. Respectfully submitted, Attest: Approved, / October 3, 1996 Weaver Realty Partnership 511 Industrial Drive Carmel, ~ 46032 Re: 5 l 3 Industrial Drive "Short Term Lease and Agreement" To whom it may concern, As you are aware the lease between The City of Carmel and Weaver Realty Partnerslip expired on September 15, 1996. By mutual consent the lease was extended for a short term to allow you time to find adequate space and move. I recently was informed that the downstairs is all moved out except 6 or 8 file cabinets belonging to the Engineering Department, however the upstairs is full Of boxes belonging to the Clerk Treasurer. Diane Cordray was recently made aware that the lease was not renewed and everyone else had moved. With such short notice she doesn't have a place to move all the records. Under normal cir- cumstances I would say the rent continues until the building is completely cleared however we have enjoyed having The City (and Boone) in our building for the past 4 years and would like to resolve this in a manner fair to all. I propose for the City to pay one half months rent S765.50 to cover the second half of September then continue leasing the upstairs only, sta~ng with October 1, 1996 on a week to week basis at S95.00 per week. According to my records this amount is approximately the same per diem as the Clerk Treasurers office has been paying all along. I do insist the file cabinets downstairs, be moved immediately so I can get inside and finish the clean up in order to get the building leased soon as possible. I wilt agree to give you two weeks notice to vacate if you are not out when building is leased to others. All of the terms and conditions of the original lease shalI apply to this agreement except: 1) I am now paying the utilities. 2) The above referenced change in price and the amount of space leased. 3) The term. ~'~ ' Title Date Revised February, 1993 UNIFORM CONI~LIC'Z OF i~ST DISCLOSURE STA~ Indi~a ~e 35-44-1-3 1. N~"~ and Address of Public Servant Submitting Statement: 11125 ST. CHARLES PLACE, CA3MEL, IN 46032 DIANA L. CORDRAY 2. Title or Pmsition With Governmental Entity: CARMEL 3. a. Gover~nental Entity: b. C~umty: HAMILTON 4. This statement is submitted (check one): CLERK-TREASURER' a. X as a "sinc!e transaction" disclosure statement, as to my financial interest in a specific contract or purchase connected with the goverPaental entity which I serve, proposed to be made by the gover.%mental entity with or from a particular contractor cr vendor; or b. as an "annual" disclosure statement, as to my financial interest connected with any contracts or purchases of the goverrunen~al entity which I serve, which are made on an ongoing basis with or from par~icular contractors or vendors. WEAVER REALTY/PARTNERSHIP N~m~(S) Of Contractor(s) or Vendor(s): Description(s) of Contract(s) or Pu3rchse(s) (Describe the kind of contract involved, and the effective date and term of the contract or purchase if reasenaJDly determinable. Dates reCuired if 4(a) is selected above. If "=ependent" is involved, provide deoendent's name and relationshiP: CONTRACT FOR RENTAL OF WAREHOUSE SPfCE. EXTENDS PRE-EXISTING CONT~CT TO A WEEK TO WEEK BASIS UNTIL PERMANENT FACILITY 1S FOUND-FOR RECORDS STORAGE. CONTRACT EFFECTIVE DATE IS OCTOBER i, 1996. uescrlpnlou o= My F~nancial Interest (Describe in what manner the public . se~zant or "dependent" expects to derive a profit cr financial benefit fray, or otherwise has a pecuniary interest in, the above contract(s) or purchase(s); if reasonably determinable, state the approximate dollar value of such profit or benefit.): M/{. STEVE WEAVER OF WEAVER REALTY IS A CLIENT OF KESSLER C0~UNICATIONS CORP. MY HUSBAND AND I ARE CO-OWNERS OF THIS CORPORATION. I HAVE NOT BEEN A~N ACTIVE PARTICIPANT IN KESSLEK COM}FJNICATIONS SINCE J~NUARY 1, 1996. (Attach extra pages if additional space is needed) Approval of A.ppoiatimg Officer or Body (To be completed if the pva~lic servant was appointed by an elected public servant cr the board of t_-~stees of a state-supported college cr university): I (We} being the of (Title of Officer or Name cf Governing Body) and having the power to appoint (Name of ~verru~e~tal Entity) the above named public servant to the public position to which he or she holds, hereby approve the pa_-%~icipation to the appointed disclosing public servant in the above described contract(s) cr purchase(s) in which said public servant has a ccnf!ict cf h~terest as defined in Indiana Code 35-44-1-3; however, this approval does no= waive any objection to any conflict prohibited by statute, r~!e, or regulation and is not to be construed as a consent to any illegal act. Elected Official Office Effec~cive Dates (Conflict of inte=est statements must be submitted to the gcvernmentaI entity prior to final action cn the conbrae= or purchase.): Date Submitted Date of Action cn contract or Purchase 10. A~firmation of Public Servant: This disclosure was submitted to the governmental entity and accepted by the governmental entity in a public meeting to the governmental entity prior to final action on the contract cr purchase. I affirm, under penalty cf perjut, the t=~th and completeness of the statements made above, and that i am t' above n d public servant. Signed: (Signature of P Servant Date: . / Within lS days after final action on the contract or purchase, copies of this statement must be filed with the State Board of Accounts, Indiana Government Center South, 302 West Washington Street, Room E418, Indianapolis, Indiana, 46204-2738 and the Clerk cf the Circuit Court of the county in which the gover.~menta! entity executed =he contract cr purchase. A copy of this disclosure will be forwarded to the indiana State Ethics Commission.