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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