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HomeMy WebLinkAboutCCM-09-24-96City of Carmel C~L CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 24, 1996 -- 7 P.M. COUNCIL CIL~a4BERS / CITY H~LL / ONE CIVIC SQU/~RE Meeting Called to Order 2. 3. 4. 10. Invocation Pledge of Allegiance Recognition of Outstanding Citizens/City Employees Approval of Minutes a. September 3, 1996, Special City Council Meeting Recognition of Citizens Who Wish to Address the Council Action of Mayoral Vetoes Claims a. $8,000,000.00 Investments b. $481,275.00 Payroll Committee Reports Old Business a. Second Reading Ordinance D-1241-96/Additional Appropriation from the General Fund to Line Item 660 for a Speed Monitoring System, $14,000/Councilor Kirby b. Second Reading Ordinance D-1242-96/Amendment to Chapter 9 of the Carmel City Code/Mayor Brainard c. Second Reading Ordinance D-1244-96/Recognition of Approval of Hamilton Western Contract by the Board of Public Works d. Resolution CC-09-03-96-03/Amendment to the 2020 Vision Comprehensive Plan (tabled from the previous meeting) Public Hearings a. First Reading Ordinance C-186/Annexation of Schneider Real Estate/Davis Coots, Coots Henke and Wheeler 11. New Business ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 First Reading Ordinance D-1243-96/Amendment to Carmel City Code, Chapter 89, Section 8-121(8), Establishing an Automatic Traffic Control Signal at East ll6th Street and lU~AWay/Jim Nelson, Nelson and Frankenberger First Reading Ordinance D-1247-96/Amendment to Carmel City Code, Section 2-5, titled Carmel Economic Development Commission Resolution CC-09-24-96-01/Resolution Concerning the Defeasance of Outstanding Bonds of the Sewage Works 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 12. 13. 14. Other a. Appointment to the Redevelopment Commission Announcements Adjournment C3%RMEL CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 24, 1996 -- 7 P.M. COUNCIL CHAb~BERS / CITY HALL / ONE CIVIC SQUA/~E 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 7:05 p.m. Miller gave the invocation. The mayor led the pledge of allegiance. Councilor Recognition of Outstanding Citizens/CityEmployees: Mayor Brainard read proclamations of Fire Prevention Week and Crime Prevention Month. Major John Etter spoke about the neighborhood crime watch program and recognized residents participating in the program. Approval of Minutes: Councilor Carter moved to approve the minutes from the September 3, 1996, meeting. Councilor Snyder seconded. Councilor Rundle stated that page 6 of the September 3, 1996, minutes incorrectly recorded the council's vote on the 2020 Vision Comprehensive Plan. He moved to amend the motion to reflect that the vote was 4-2 to table the motion to approve Resolution CC-09-03-96/Amendment to the 2020 Vision Comprehensive Plan with Councilors Carter and Battreall voting against it. Councilor Walker seconded the amended motion. All members voted AYE. The minutes were approved contingent upon the error being corrected. Recognition Of Citizens Who Wished toAddress the Council: Dick Frost, 507 Stonehenge Drive, criticized the police department's effectiveness and commented on the Clerk-Treasurer's Office for appropriating funds for the First Avenue N.W. Infrastructure Project. Dr. Judy Edwards, city council representative to the Carmel Clay Library Board, asked to be placed on an October council agenda to inform the public about the new library building. Claims: Councilor Snyder moved to approve the claims as stated on the agenda (items 7a and 7b). Councilor Walker seconded. All members voted AYE. The claims were approved. Old Business: Mayor Brainard introduced Ordinance D-1241-96. Police Chief Michael Fogarty explained the speed monitoring system and how it would be used. Councilor Kirby stated that putting a police officer on duty with the system would make it more effective. Councilor Walker moved to approve the appropriation. Councilor Snyder seconded. All members voted AYE. The appropriation was approved. Mayor Brainard explained Ordinance D-1242-96. No motion was made. All members voted AYE. The ordinance was approved. Mayor Brainard read Ordinance D-1244-96 and a memorandum from Utilities Manager John Duffy about the agreement. No motion was made. All members voted AYE. The ordinance was approved. Councilor Kirby motioned to approve the amendment to Ordinance D- 1246-96/Amendment to Section 6-88 of the Carmel City Code, an agenda Add-On Item. Councilor Battreall seconded. Councilor Kirby discussed changes in the ordinance, including weed height, the appeal process and fines. Councilor Rundle asked about potential legal problems. Councilor Kirby stated the ordinance is legal according the city attorney. Councilor Carter asked if the city had enough personnel to enforce Ordinance D-1246-96. The mayor explained the city will develop a plan in January. Councilor Snyder expressed concern about the height referenced in the ordinance and motioned to amend the ordinance so that weeds are in violation of the law at 10 inches instead of eight. Councilor Carter seconded. Councilor Carter called for the question. Six councilors voted AYE. Councilor Walker voted against. The ordinance was amended. Six members voted AYE to approve the ordinance as amended. Councilor Walker voted against it. Ordinance D-1246-96 was approved as amended 6-1. Mayor Brainard explained Resolution CC-09-03-96-03/Amendment to the 2020 Vision Comprehensive Plan. The mayor stated that the vote on the comprehensive plan itself would come later in the meeting, and at that point the audience could speak to the plan. The mayor stated that the council was now voting on amending the comprehensive plan as presented in a previous meeting. The mayor then explained the legal options of the council as follows: Indiana state law requires municipalities to update their comprehensive land use plan. State law requires that the plan commission approve the plan and send it to the council. At that first examination by the council, the council had two choices, to approve the plan or to reject it. The council does not, under state law, have the opportunity to amend it. The council, at the previous meeting, chose not to approve the plan and sent it back to the plan commission. The mayor stated that the plan commission had now returned it to the council. The council then proposed an amendment. The mayor stated that the reading of the resolution at tonight's meeting was the second reading of the amendment resolution. He also stated that later tonight, whether the amendment passed or didn't pass, the council would have the opportunity for the first time to accept the plan, to reject it or to amend it. Councilor Carter explained the amendment he proposed to Resolution CC-09-03-96-03 which was tabled at the last meeting. Councilor Snyder stated that she agreed the area west of Spring Mill Road is clearly low density housing, but that her main concern is getting the zoning ordinances in compliance with the comprehensive plan. She stated that if the council voted now to change the current density in Clay West from 1.5 dwelling units per acre to, for example, 1.1 or 1.3 dwelling units per acre, it would be taking away the voice of property owners affected by the change; however, if the council later voted to change zoning ordinances that would change the density, for example, to 1.1 or 1.3 dwelling units per acre, and gave notice to the owners when it begins this process, the council would be exercising due process. Councilor Carter stated his proposed amendments differed from the plan commission's recommendations. Councilor Rundle asked to go through each of Councilor Carter's amendments. Mayor Brainard explained that to change any of Councilor Carter's amendments, the council would have to amend the amendment. Councilor Rundle then discussed most of Councilor Carter's points of the amendment, motioning to amend the amendment so that the amendment would not change "rural estate" to "rural residential," but retain the words "rural estate." Councilor Snyder seconded. The motion failed 3-3. Councilors Snyder, Kirby and Rundle voted in favor of the motion. Councilors Miller, Walker and Carter voted against it. Councilor Battreall was absent during the vote. Councilor Kirby explained he was concerned about splitting densities. Mayor Brainard stated the city had obtained a legal opinion from the plan commission's attorney stating that downzoning is permissible as long as it doesn't make property valueless. Councilor Snyder stated she had spoken with other attorneys who recommended the city leave the density at 1.5 and move immediately into changing the zoning -- giving notices to the property owners -- specifically in the area west of Spring Mill Road, north of 96th Street and south of 146th Street. Councilor Miller stated that Councilor Carter's proposed reductions in density make sense because they can be changed, if needed, by making changes through rezones or coming before the BZA. He stated that he believed due diligence had been accomplished. Councilor Kirby agreed the council would have to move directly into writing zoning ordinances. Councilor Carter called for the question. Six councilors voted AYE. Councilor Snyder voted NAY. The amendment was approved 6-1. Councilor Kirby suggested the council adopt the resolution. Mayor Brainard stated the council had just adopted the amendment that had been tabled at the previous meeting. Councilor Kirby agreed, but stated the council still needed to adopt the comprehensive plan. The mayor pointed out that adopting the plan was listed further down the agenda. Mayor Brainard called for a 10-minute break at 8:47 p.m. The meeting was resumed at 9 p.m. Councilor Battreall motioned on Resolution CC-09-03-96-01 to accept the 2020 Vision Comprehensive Plan. Councilor Kirby seconded. The mayor opened the floor for public comment. Councilor Carter asked if this meant the council was going to have to vote on Resolutions CC-09-03-96-01, CC-09-03-96-02 and CC-09-03-96-03. Mayor Brainard stated that the council will only vote on the one moved into consideration, and the three resolution numbers were just separate forms. Councilor Carter stated that it looked as if Resolution CC-09-03-96-01 to adopt the comprehensive plan was a resolution to adopt the plan with the plan commission's amendment. Mayor Brainard restated the motion: to adopt the plan as amended. Councilor Carter stated that this motion was actually a motion to vote on Resolution CC- 09-03-96-03. Mayor Brainard asked the Clerk-Treasurer to note that the motion was made to adopt the comprehensive plan as it was just amended. Councilor Carter asked to have the motion restated. Councilor Battreall restated the motion: to accept the 2020 Vision Comprehensive Plan as amended. Councilor Kirby again seconded the motion. Citizens then spoke during the public hearing: Pam Lambert, 616 Copley Place, was against development beyond the 600-foot overlay zone boundary of U.S. 31. Gerald Wagner, 211 W. 96th Street, stated maintaining the buffer zone of U.S. 31 was critical. Charles N. Howard, 9601 Copley Drive, was against increased population in his area. Ruth Hayes, president of Nora Community Council, stated she was upset her council was notified about the 96th Street/U.S. 31 planning meeting. Pat Rice, 5969 Wild Cherry Lane, stated she wanted to make sure the council knew the plans for 96th Street were no mistake. Clerk-Treasurer Cordray explained to the council that the city attorney recommended it vote on agenda item 9d, Resolution CC-09- 03-96-03. She explained that since the council approved Resolution CC-09-03-96-03, it should vote down Resolutions CC-09- 03-96-01 and CC-09-03-96-02. The Mayor stated that the council had an option under the law, and that was to accept the plan, amend it and accept it, or reject it. Mayor Brainard stated that doing one automatically disqualified the other two. Clerk- Treasurer Cordray stated the council had changed the number by moving to accept Resolution CC-09-03-96-01, and what the council should have done is accept it as Resolution CC-09-03-96-03. Mayor Brainard stated that the minutes should reflect the motion being "accepted as amended," and that the Clerk-Treasurer's Office is responsible for putting the proper number on it. Councilor Kirby called for the question. Councilor Snyder stated that the council had already voted on Resolution CC-09-03-96-03, and that it had accepted the comprehensive plan as amended. Mayor Brainard agreed. Councilor Battreall stated his motion was on Resolution CC-09-03-96-01, acceptance of the comprehensive plan with the amendment. Councilor Carter explained that the council had to vote down Resolution CC-09-03-96-01 if it accepted the amendment he had proposed, because Resolution CC-09-03-96-01 referred to amendments from the plan commission. Clerk-Treasurer Cordray explained that Resolutions CC-09-03-96-01 and CC-09-03-96-02 were back on the agenda because they never came up for discussion during the previous meeting. Mayor Brainard stated the plan as presented had been amended and that the council needed to vote to approve the plan as amended by Councilor Carter. Mayor Brainard then restated the motion: a vote whether to accept or reject the plan as amended by this body, regardless of the paperwork in the councilors' packets. Councilor Kirby stated it is perfectly legal to make an oral motion, and that was exactly what was on the floor. Councilor Carter stated that the motion was on Resolution CC-09-03-96-03. Councilor Kirby agreed. The mayor asked Clerk- Treasurer Cordray to assign a proper number to the motion stated by Councilor Battreall. Clerk-Treasurer Cordray again stated the recommendation by the city attorney. The mayor restated that the motion was in favor of adopting the 2020 plan as it was sent to the council by the plan commission with the amendment proposed and passed at this meeting. All members voted AYE. The council approved the plan amended. Councilor Walker moved to strike Resolutions CC-09-03-96-01 and CC-09-03-96-02 from the record. Councilor Kirby seconded. All members voted AYE. Public Hearing: Councilor Walker motioned to approve Ordinance C- 186/Annexation of Schneider Real Estate. Councilor Kirby seconded. Dave Coots of Coots, Henke & Wheeler explained the history of the annexation of this property. He explained that the property provided about 40 feet of right-of-way on the east and west side of Pennsylvania Street. Councilor Snyder moved to suspend the rules and approve Ordinance C-186. Councilor Battreall seconded. Six councilors voted AYE. Councilor Kirby was out of the room. The rules were suspended by a vote of 6-0. Councilor Walker called for the question. Six council members voted AYE. The ordinance was approved 6-0. New Business: Councilor Walker moved to approve Ordinance D-1243- 96/Amendment to Carmel City Code, Chapter 8, Section 8-121(8). Councilor Snyder seconded. Ernie Reno of Nelson & Frankenberger explained the traffic signal was paid for mostly by the Linder Company. Mayor Brainard added the rest of the project will be paid for by TIFF bonds. Mr. Reno stated that final approval of the project is contingent on the city engineer's approval of the project. The mayor explained this project was not required to go before the plan commission. William Ferrybach, president of A&F Engineering, stated the signal was a demand light. Councilor Snyder moved to suspend the rules and vote on Ordinance D-1243- 96. Councilor Battreall seconded. The rules were suspended 6-0. Councilor Walker called for the question. The ordinance was approved 6-0. Mayor Brainard introduced Ordinance D-1247-96/Amendment to Carmel City Code, Section 2-5 and explained why increasing the number of members of the Carmel Economic Development Commission from three to five members would benefit the city. Councilor Carter moved to approve the ordinance. Councilor Kirby seconded. Councilor Rundle questioned the need for five members when the commission had not met in the past two years. He also stated he was uncomfortable with the increased number of appointments the mayor would have on the commission if it was increased to five members. Councilor Kirby stated he agreed with Councilor Rundle, but hoped the appointees would not see themselves as the mayor's puppets. Mayor Brainard stated that having a five-member commission would make it easier to have a quorum. Councilors Snyder and Carter expressed concern about the balance of power. Ordinance D-1247-96 was carried over to the next meeting. Mayor Brainard introduced Resolution CC-09-24-96-01 and explained paying off the sewer bonds early would save the city money. Councilor Battreall motioned to approve the resolution. Walker seconded. The resolution was approved 7-0. The meeting was adjourned at 10:25 p.m. Attest: Councilor Respectfully submitted, Ap p ~j~~,/ E L