HomeMy WebLinkAboutCCM-09-03-96City of Carmel
C~L CITY COUNCIL MEETING AGENDA
TUESDAY, SEPTEMBER 3, 1996 -- 7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQU/~RE
Meeting Called to Order
1. Invocation
2. Pledge of Allegiance
3. Recognition of Outstanding Citizens/City Employees
Approval of Minutes
a. August 19, 1996, City Council Meeting
5. Recognition of Citizens Who Wish to Address the Council
6. Action of Mayoral Vetoes
Claims
a. $8,000,000.00 Investments
b. $479,752.97 Payroll
c. $775,276.38 Claims
8. Committee Reports
Old Business
a. Second Reading Ordinance D-1240-96/Additional
Appropriation from the General Fund to Line Item 585
for Special Census and Election Fees, $125,000/Mayor
Brainard
10.
Public Hearings
a. First Reading Ordinance D-1241-96/Additional
Appropriation from the General Fund to Line Item 660
for a Speed Monitoring System, $14,000/Mayor
Brainard
11.
New Business
a. First Reading Ordinance D-1242-96/Amendment to Chapter
9 of the Carmel City Code
b. First Reading Ordinance D-1244-96/Recognition of
Approval of Hamilton Western Contract by the Board of
Public Works
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 °2400
12.
13.
14.
First Reading Ordinance D-1246-96/Amendment to Section
6-88 of the Carmel City Code
Resolution CC-09-03-96-01/Acceptance of the 2020 Vision
Comprehensive Plan
Resolution CC-09-03-96-02/Rejection of the 2020 Vision
Comprehensive Plan
Resolution CC-09-03-96-03/Amendment to the 2020 Vision
Comprehensive Plan
Other
a. Report about Action Taken by Plan Commission on the
2020 Vision Comprehensive Plan/Tom Thompson, Plan
Commission President
Announcements
Adjournment
CARMEL CITY COUNCIL MEETING MINUTES
MONDAY, SEPTEMBER 3, 1996 -- 7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
Members present: Mayor Brainard; Councilors Kirby, Battreall,
Rundle, Snyder, Carter and Walker. Clerk-Treasurer Cordray and
Chief Deputy Wolf also attended. Councilor Miller was not
present.
Mayor Brainard called the meeting to order at 7:07 p.m.
led the pledge of allegiance. Councilor Carter gave the
invocation.
The mayor
Recognition of Outstanding Citizens/City Employees: Mayor
Brainard recognized Frieda Ellingwood, member of the Daughters of
the American Revolution, for her and her organization's work to
promote the Constitution. The mayor also declared Septenter 17
23, 1996, as Constitution Week.
Approval of Minutes: Councilor Rundle moved to approve the
minutes from the August 19, 1996, City Council meeting. Councilor
Carter seconded. All members voted AYE. The minutes were approved
6-0.
Recognition of Citizens Who Wish to Address the Council:
Barbara Richards, member of the League of Women Voters in
Hamilton County, announced her organization was sponsoring a
panel discussion on juvenile justice on September 19 at 7 p.m. in
the City Court Room in Carmel City Hall. The forum is open to all
residents in the county.
John Mulry, 8709 S. Keystone #2, stated he wanted Woodland
Theatre to stay open. He presented a folder of petitions to the
Clerk-Treasurer.
Ernie Reno, vice president of the Linder Group, stated his
company was not forcing the theater to close, but that the
theater -- of its own choosing -- will operate on a week-by-week
basis. Mr. Reno also stated the Linder Group has no plans to turn
the theater into a parking lot (Exhibit A).
Sharon Clark, 11932 Pebblebrook Lane, stated she was concerned
because the city's proposed comprehensive plan did not speak
directly about moving earth into floodplains. She added her
concern was partly motivated by fill moved into Michener Ditch
during construction on ll6th Street. Councilor Rundle stated he
believed the comprehensive plan was silent on this issue.
Councilor Walker suggested Ms. Clark consider having the ditch
dredged.
Alison Brown, 600 W. 106th St., a member of Clay West Information
Council, stated the city's proposed comprehensive plan needed to
provide ways to control growth.
Claims: Councilor Snyder moved to approve claims as listed on the
agenda (items 7a-c). Councilor Walker seconded. All members voted
AYE. The claims were approved 6-0.
Old Business: Mayor Brainard explained that the city would
benefit financially from having the government conduct a special
census of the city. The mayor also stated the estimated cost for
the census is $125,000, and predictions are that there would be
increased tax revenue each year until the year 2001 of roughly
$300,000 a year. The mayor then read Ordinance D-1240-96. There
was no discussion. All members voted AYE. Ordinance D-1240-96 was
approved 6-0.
Public Hearings: The mayor read Ordinance D-1241-96 and explained
the ordinance enabled the city to appropriate $14,000 from the
general fund to buy a speed monitoring system. Councilor Kirby
moved to introduce the ordinance. Councilor Carter seconded. The
mayor opened the pubic hearing.
Allison Brown, 600 W. 106th St., asked the council if the system
has been proven effective in reducing speed. Mayor Brainard
responded the device is partially educational, and that many
people assume a police officer is nearby. Councilor Carter stated
the device does both speed and traffic counts so the city doesn't
have to use an officer for this task. Councilor Kirby stated the
system will be useful in neighborhoods that claim to have
speeding problems, because it will enable police to determine how
many cars exceed the speed limit by how much. Councilor Rundle
expressed disappointment the police chief did not attend the
meeting to offer comments. The mayor closed the public hearing at
7:40 p.m. Councilor Kirby stated the system is not effective for
counting people who don't come to complete stops at stop signs.
Mayor Brainard stated the item would be carried over to the next
meeting.
New Business: Mayor Brainard discussed Ordinance D-1244-96, the
proposed agreement with Hamilton Western Utilities and the City
of Carmel. He also read a letter (Exhibit B) from Utilities
Manager John Duffy explaining the agreement's benefits. Clerk-
Treasurer Cordray pointed out that the mayor had skipped agenda
item lla. Councilor Snyder expressed concern about two issues:
some ordinances were listed on the agenda without being
classified under public hearings and the ordinances didn't show
which councilor(s) sponsored them. Councilor Kirby stated he was
responsible for this item. Clerk-Treasurer Cordray stated her
office will work with the City Attorney to make it clear which
council members are responsible for originating ordinances.
Councilor Walker moved to introduce Ordinance D-1244-96.
Councilor Snyder seconded. Utilities Manager Duffy stated the
agreement was good for both parties and their futures. The
ordinance was carried over to the next meeting.
Mayor Brainard explained Ordinance D-1242-96 would require the
city council to approve major policy decisions pertaining to the
Utility Department. Councilor Carter moved to introduce the
ordinance. Councilor Walker seconded. The ordinance was carried
over to the next meeting.
The mayor introduced Ordinance D-1246-96/Amendment to Section 6-
88 of the Carmel City Code. He explained its purpose was to
specify a height for rank vegetation so the city could enforce
the law. The mayor explained Councilor Kirby originated the
ordinance. Councilor Walker moved to introduce the ordinance.
Councilor Kirby seconded. Councilor Kirby read part of the three-
page ordinance, but then moved to paraphrase the ordinance
because it was too long. The council voted 6-0 unanimously in
favor of waiving the reading. Councilor Kirby explained that
Carmel's Department of Community Services gets more than 200
complaints a year about tall weeds, but that the current law is
not enforceable. Councilor Kirby expressed concern about the
language of the ordinance permitting five days to clean up the
weeds, but allowing seven days to appeal the process. Mayor
Brainard stated he would check with the city attorney before the
second reading of the ordinance at the next meeting. Councilor
Kirby stated DOCS needed to contract help annually to enforce the
ordinance. Councilor Walker noted that, according to the
ordinance, the citizen appealing the process also must go before
the Board of Public Works which could cause the appeals process
to take up to a month.
Alison Brown, 600 W. 106th St., expressed concern the city might
cut down her flowers that someone else may consider to be weeds.
The mayor stated the ordinance was written to protect flowers and
wildflowers. Shelly and Skip Walters of Ashton subdivision
explained they couldn't sell their house because of two
unfinished abandoned homes on their cul-de-sac that are overgrown
with weeds and surrounded by debris. The Walters informed the
council that someone needs to take responsibility for situations
like this. Councilor Kirby stated the city is not set up to
handle maintenance, only growth and development. The mayor added
the city is reviewing its common nuisance law. Councilor Snyder
stated the council is trying to put together an abandoned
building ordinance. Councilor Kirby explained Ordinance D-1246-96
includes taking care of debris, but the city needs to do
something to incite people to care for their property before the
problem occurs. Councilor Battreall reminded the council that to
make this ordinance effective, the city would have to buy
equipment and add personnel. He also suggested adding some non-
compliance fines to the ordinance. County Commissioner Sharon
Clark stated she understood the city's problem, because the
county told her mowing the roadsides is too expensive. Councilor
Walker suggested using people who are required to do community
service to mow lots and clean debris. The mayor added that the
City Attorney decided the growth doesn't have to be a minimum
square feet of ground cover to fall under the ordinance. The item
was carried over to the next meeting.
The mayor explained there were three resolutions on the agenda
pertaining to the 2020 Vision Comprehensive Plan: Resolutions CC-
09-03-96-01, CC-09-03-96-02 and CC-09-03-96-03. Councilor Carter
stated he had told Councilor Rundle it would be appropriate to
table this issue this evening, but that, considering the
circumstances, he would move to approve Resolution CC-09-03-96-
03, Amendment to the 2020 Vision Comprehensive Plan as it had
been presented to the council. Councilor Carter stated he had
prepared a number of amendments he would like to see considered
if the council moved ahead with his motion. Councilor Battreall
seconded the motion.
Mayor Brainard asked Tom Thompson, plan commission president, to
speak to the council. Mr. Thompson stated he did not understand
the motion on the floor. The mayor stated the motion was to amend
the plan, but before the council could amend it, Councilor Carter
would have to provide details of his amendments. Mayor Brainard
added the council at least wanted to give Mr. Thompson an
opportunity to report to the council the plan commission's
recommendations.
Mr. Thompson stated that the plan commission reviewed its
original recommendations as requested by city council,
specifically considering dwelling density west of Spring Mill
Road and the preservation of environmentally significant
features. These items were reviewed both at a special studies
subcommittee meeting of the whole plan commission on August 16,
1996, and again at the regular meeting August 20, 1996. The
special studies committee discussed a maximum density of 1.0
dwelling units per acre west of Spring Mill Road between ll6th
and 141st streets, and 1.5 dwelling units per acre elsewhere west
of Spring Mill Road. This proposal included adding a statement to
the comprehensive plan that innovative higher density enclaves
meeting certain criteria would not be precluded from
consideration. Mr. Thompson stated this proposal did not receive
a favorable vote. The committee's major concern was the inability
to defend the arbitrary drawing of density lines in court. Mr.
Thompson stated the committee then voted to return this section
of the plan to council with no further recommendation. However,
at the regular plan commission meeting, it was again moved to
adopt density plans west of Spring Mill Road as proposed by
Councilor Carter, which were essentially identical to the
proposal the studies committee already had considered. The motion
failed 6-5. Mr. Thompson then stated the commission entertained a
motion to adopt the special studies committee's recommendation.
The motion failed 6-6. Mr. Thompson stated that Alan Klineman
then motioned density be no more than 1.3 dwelling units per acre
west of Spring Mill Road including the statement to the
comprehensive plan that innovative higher density enclaves
meeting certain criteria would not be precluded from
consideration. Mr. Thompson stated this passed by a vote of 9-3,
becoming the commission's recommendation to council on the issue
of density.
With respect to preservation of environmentally significant
features, Mr. Thompson stated the special studies committee
reviewed each of the sections of the original comprehensive plan
pertaining to preservation. The recommendations of the committee
were to "encourage the preservation" of these features rather
than "require dedication." Mr. Thompson stated the committee was
uncomfortable with the word "dedication" because it knew the
parks department didn't want small parcels of land. Mr. Thompson
stated the special studies committee decided "encouragement" can
be made strong enough to produce the desired results. At the
regular plan commission meeting, the commission approved
"encouragement" unanimously. Mr. Thompson stated the exact
wording of each passage will be provided to the council by the
commission's secretary. Mr. Thompson closed by stating he hoped
the council would accept the commission's recommendations and
finalize the adaptation of the comprehensive plan.
Councilor Carter made a motion to amend the plan as specified in
Exhibit C. Councilor Battreall seconded. Councilor Snyder
expressed concern that council members didn't receive the
proposed amendments until this meeting. She also pointed out that
some of the plan commission's recommendations conflicted with
Councilor Carter's proposed amendments and that a similar problem
occurred at a previous meeting at which the council decided to
table the resolution. Councilor Snyder added that the council
needed to be sure to vote in a way that would allow the city to
most easily reach its long-term goals, one of which is to reduce
the number of rezones. She also suggested talking to DOCS or HNTB
to see if Councilor Carter's amendment is the best way to give
the city the most flexibility. Councilor Battreall stated he
wanted the word "require" in the document to refer to preserving
environmental features, and that he also was concerned about
putting the plan commission in a spot where they have to fight
legal issues. Councilor Kirby stated he was uncomfortable with
the word "require" and drawing arbitrary boundaries. Councilor
Carter stated the city draws arbitrary zoning boundaries every
day, using as an example ll6th St. The north side of ll6th Street
is retail; the south side is residential. Councilor Kirby
reminded the council that the plan commission already voted
against using the word "require."
The mayor then called for a 10 minute recess.
The mayor resumed the meeting at 9:38 p.m. and reminded everyone
of the motion to amend the comprehensive plan that was on the
table. Councilor Rundle moved to table the resolution made by
Councilor Carter to the next meeting. Councilor Kirby seconded.
All members voted AYE. The item was tabled to the next meeting by
a vote of 6-0.
Councilor Battreall announced the Cable Television Advisory
Committee was trying to add a history channel, and that Channel
41 will carry Pacers games. He also announced the CTAV elected
officers at its recent meeting.
The council voted unanimously 6-0 to adjourn the meeting at 9:41
p.m.
Respectfully submitted,
Attest:
Approved,
AUG ~0 ~96
COMPANY
ll:00AM LIMDER CO JL HENRY
Septtuber 3, 1996
The Honorable James Braina~d
Mayor, City of Cannel
One Civic Squa~
Cannel, India 46032
Dear Mayor Brainard:
It is our undentanding tJmt Mr. John Mulry, manager of Woodland Cinema at KeysWho
Square Mall and Shopping Center, plans to present signed petitions at tenight's Council meeting.
Theso petitions repartedly allege that the theater is being 'forced to closc' by The Linder Group due
to a '300-percent increase in rent.'
If, in fact, these allegations are made and the petitions presented during the public hearing
portion of the meeting, we would appreciate it if you would read the following response on our
behalf into the public record.
"The Linder Croup is comrniV~cl to cresfi_n.g a 21st-century r~il center for the citLTzns of
Cannel, Indiana. Our rum is inves~ng $23-millien in the red~velopment and
remerchandising nfKeystene Square Mall into the new Merchants' Square. As we mow
through various stages of the development process, rumors and innuendo ere inevitable;
however, we have made every effort to keep informed those who would be impacted by
decisions relative to the project.
That is why we are conSused and concorneA about the s~amnents and allegations that have
bccn made regarding the future of Woodland Cinema, Here am the facts:
Thc Lindcr Group is not forcing Woodland Cinema to close; Woodland
Cinema's lease expires December 31, 1996.
In early August 1996, The Linder Croup was informed by Ed Qullling~ co-
owner of Woodland Cinema, that the theater would cease operations after
Labor Day, 1996.
The Linder Group has no plans to demolish the building currcnfiy occupied
by Woodland Cinema.
Retail Lea~lng & Man~ement ~, NO representative of The Linder Group has ever met John Mulry,
l~]~lone AI 'rite Crossing ....
8555 N, RIver go~d, $uit~ 375 havc wc had dxscussxons wtth any other representative of the theater
Ind'hmspOljS, Indiana 46240.4305~ Ed Quilling,
317/84~-5513 · lt~x 317t574-M.~5
Indi~lapolls · Cinclnn~rl · Dayton. Detroit
AUG 30 '96 11:00AM LINDER CO ~L HENRY P.3/3
The Honorable lames Brainard
August 30, 1996
Page Two
The Linder Group has a long hiswry ofsuccessfifi relations witli our tcunts throu~out the
Midwest It is not our policy, nor will it become our policy, to publicly disctt~s matters that
should always remain confidential. In finis case, however, wc have bccn forced into maldri~
an exception, as our rcputation has bccn unfairly called to scrutiny."
Thank you for your assistance in this regrettable matter.
Sincerely,
THB L1NDFI GI~.OUP
GIL/kz
PH (317) 571-2443
FAX (317) 571-2462
CARMEL UTILITIES
ONE CIVIC SQUARE
P.O. BOX 1399
CARMEL, INDIANA 46032
WATER UTILITY
WASTEWATER UTIL[TY
August 21, 1996
Members
Board of public Works and Safety
Subject:
Wastewater Service Agreement between the City of Carmel
and Hamilton Western Utilities, Inc,
Dear Members:
The agreement you have before you concerns the City of Cannel providing wastewater
transport and treatment for Hamilton Western Utilities. This agreement supersedes previous
agreements entered into in 1984 and 1991. Specific advantages and positive aspects of the new
agreement are as follows:
The new agreement eliminates ambiguities and dearly defines the amount of flow and at what
rate Hamilton Western may discharge flow to Cannel. The flow amount and rate had been
an ongoing disagreement between the parties since 1994.
The agreement clearly defines realistic and adequate penalty provisions that Cannel may
assess Hamilton Western should it exceed its maximum flow rates.
The agreement clearly defines how much additional unused capacity Hamilton Western has
in Carreels' system. The City had become very concerned that Hamilton Westem's growth
was adding to flows believed to be in excess of Hamilton Western's allotted mount. The
agreement clearly defines how many new homes Hamilton Western may build that will have
wastewater flows coming to Cannel.
Designed to facilitate communication between the two parties that will help alleviate future
disagreements, the agreement calls for quarterly meetings between the two parties to discuss
issues related to the ongoing responsibilities of both parties as well as future Hamilton
Western growth and projected flows.
The agreement calls for Hamilton Western to maintain acceptable inflow and infiltration rates
during wet weather. In addition, Hamilton Western has agreed to abide by Cannel rules for
wastewater strength and characteristics.
6. Binding arbitration is now the legal means of settling disputes, unless waived by both parties.
Board of Public Works and Safety
Page 2 August 21, 1996
It is my belief that this agreement is far superior to the 1984 and 1991 agreements. By
rewriting the vast majority of the agreement, we have cleared up several confusing issues on
which both parties now agree. Our negotiations with Hamilton Western have facilitated what I
believe to be a much improved working relationship.
I will be available at the BPW meeting on August 21 to answer any questions.
pag
Thank you,
John Duffy
Manager
September 3, 1996
Amendments to 2020 Vision/1996 Comprehensi.v Plan
To my.fellow Carmel City Council me. re. be respectfully su.bmit the
above mentioned Plan via inclusion in CC-09-03-96-03. My amendments are:
Page 2-3, Open Space/Environmental Map - Add the following to the map
detail:
Major utility corridors
Monon Railroad right of way
Page 2-6 - Add the following wording as a last paragraph: Other significant
features are the Monon Railroad right of way which traverses the Township
in a northwesterly direction and numerous major utility corridors.
Page 4-3 - In paragraph four under Methodology add the following wording to
the end of the last sentence "...., utility corridors and the Monon right of way."
Page 4-5 - Change Item 1 to Rural Residential rather than Residential Estate.
In addition make this change every place else in the document where the title
Residential Estate occurs.
Item 2 - Change 1.8 to 1.3. In addition, change tt~e last sentence to read: An
example development of this intensity would be Claridge Farms at 1.3 du's
/acre.
Item 3 - Change 1.8 to 1.3.
Page 4-5, Residential Community Areas Map - Change this map to show the
Rural Residential intensity level in an area bounded on the east by Spring
Mill Road, on the west by the Boone County line, on the north by 141st St.
and on the south by ll6th St. In the legend break out Rural Residential from
Very Low Density and show it as a different color.
Page 5-2, Item 1.1.3 - Change this wording to the following: In the platting
process of residential areas, the City shall require the preservation of unique
landscapes and shall encourage the maximization of public access to features
such as hillsides, woodland stands, wetlands and natural drainage ways.
Proposed Item 1.1.6 - Add the following paragraph to the document: The
mapping of Rural Residential and Very Low Density areas in this
Comprehensive Plan is not intended to preclude consideration of the possible
location of innovative higher density residential ericlaves buffering cultural,
Page 2
September 3, 1996
educational, or neighborhood service centers within Rural Residential and
Very Low Density areas provided such were designed so as to serve and
enhance the greater community, complement the general architectural theme
of the immediate area, and do not generate significant traffic congestion.
Page 5-12, Figure 1 - Change Low Intensity Character level to 1.3 from 1.8.
Change Very Low Intensity Character level from 1.8 to 1.3.
Page 5-14, Item 2.1.5 - Change the wording afte~ the first comma to read, "...the
City shall require the preservation of unique landscape features and should
attempt to maximize public access to environmental features such as
hillsides, woodland stands, wetlands and natural drainage ways.
Page 5-24, Figure 2 - Change Neighborhood Commerdal Character column to
read 100,000 sq. ft., as in the preceding text, rather than 125,000 sq. ft.
Page 6-10 - Insert into the first bullet point under East-West Continuity Across
US 31 Recommendations the following: 136th St.
Page 6-12 - Under Pedestrian Facilities Locations and Standards add a fourth
bullet point which reads as follows: Carmel and Clay Township should make
every effort to develop existing utility corridors into connecting trail linkages.
Page 6-14, Alternative Transportation Component to the Thoroughfare Plan -
Change the map by adding major utility corridors.
Page 7-4 - Change the first bullet point to read as follows: The Subdivision
Regulations shall be amended to encourage th~ preservation of significant
environmental features.
Lastly, proof and correct all typos, grammatical errors and pagination
problems that may have occurred during this long process.
Respectf 1 submitted,
onald E. Carter