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HomeMy WebLinkAboutCCM-02-19-96City of Carmel CARMEL CITY COUNCIL XEETING AGENDA HONDIY# FEBRUARY 19, 1996 -- 7 p.m. Council Chambers / City Hall / One Civic Square MEETING CALLED TO ORDER 1. Invocation 2. Pledge of Allegiance 3. Recognition of City Employees/Outstanding Citizens Approval of Minutes a. February 5, 1996 5. Recognition of Citizens Who Wish to Address the Council 6. Action on Mayoral Vetoes Claims a. $ 470,092.76 b. $8,500,000.00 c. $ 27,653.97 d. $1,289,833.71 Payroll and PERF Investment Retirement Benefits City Claims 8. Committee Special Reports Old Business a. Memorandum of Understanding (MOU) on Economic Development Incentives b. Second Reading of Ordinance Z-312/Ordinance to Amend Z-160 to Reclassify Real Estate from S-2 Residence District to B-2 Business District 10. Public Hearings a. First Reading of Ordinance C-181/Annexation of Sharpe Real Estate 11. New Business a. Resolution Cc-02-19-96-01/Transfer of Funds for the Carmel Street Department/Sponsored by Mayor Brainard b. Resolution CC-02-19-96-02/Electing to Enlarge PERF Participation/Sponsored by Mayor Brainard c. First Reading of Ordinance D-1202-96/Adoption of 1995's Fourth Quarter City Code Supplemnt/Sponsored by Clerk Treasurer Cordray ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 Carsel C~t~ Council Heeting ~genda Monday# Feb~uarl 19, 1996 Page 2 12. Other a. Scriveneres Error to Correct D-1196-96/Clerk Treasurer Cordray 13. Announcements 14. Adjourn Carme1 City Council Meeting Minutes Monday, February 19, 1996 -- 7 p.m. Members Present: Mayor Brainard, Councilors Kirby, Battreall, Miller, Rundle, Snyder, Carter and Walker. Clerk Treasurer Cordray and Chief Deputy Vandegriff were also in attendance. The meeting was called to order by Mayor Brainard who asked Councilor Miller to give invocation. The Mayor led the pledge allegiance. of Recognition of City Employees/Outstanding Citizens: The Mayor presented 9 year-old Clayton Anderson with the Rangeline Pioneer award. Clayton is the first child to receive the award. He is being honored for saving the life of another child from a frozen retention pond. A43prova1 of Minutes: Councilor Snyder moved to approve the minutes of the February 5 Council meeting. Councilor Rundle seconded. All members voted AYE. Motion passed. Recognition of Citizens Who Wish toAddress the Council: Richard E. Frost, 507 Stonehedge Drive, Carmel, discussed -- what he perceived to be -- errors in the Clerk Treasurer's bond and informed the Council that he would be writing the insurance company that issued the bond. There were no mayoral vetoes. Claims: Councilor Snyder moved to accept the claims as presented with the exception of the $2,000 claim ~96-101-192-430-40400 for Schneider Engineering for software consulting services. The request to withhold payment was made by Department of Community Services Director David Cunningham as the department is not satisfied with the tree inventory. The firm will correct the difficulties and once DOCS is satisfied with the work the payment will be made. The claims were: $470,092.76 for payroll and PERF, $8,500,000 for investments, $27,653.97 for retirement benefits, and $1,287,833.71' for city claims. (* denotes $2,000 reduction.) Councilor Walker seconded. All members voted AYE. The motion passed. There were no committee special reports. Memorandum of Understanding: Mayor Brainard presented the clarification of the Memorandum of Understanding among Marion County, City of Indianapolis, Hamilton County, City of Carmel, City of Noblesville and the Town of Fishers regarding retail projects as described in the document's Section 2(c). The language states: "For the purposes of the MOU, ~retail project" shall not include rehabilitation of spaces currently used for retail purposes or retail establishments within a redevelopment district or area as designated by the Participating Entity." Councilor Carter moved to include the retail project new language within the document. Councilor Battreall seconded. All members vote AYE. The motion passed. Clerk Treasurer Cordray asked for the document and stated she did not have the copy that had been provided to the Council members. Second Reading of Ordinance Z-312: Councilor Miller moved to suspend the rules and dispense with the second reading of ordinance Z-312. Councilor Snyder seconded. All members voted AYE. James J. Nelson, attorney for the petitioner Leeper Electric Service, recapped his presentation made during the first reading. He discussed in greater detail the existing conditions which apply to this particular rezone. First, the existing zoning is S-2 residence with the primary use as single family residential. Upon review of the zone map for the Meridian corridor, Nelson stated Council would find this parcel is one of few within the corridor that is not used for residential purposes today. Nelson spoke of the changes that occurred in the area during the 1970s and 1980s including the construction of U.S. 31 and the development of the overlay zone ordinance. The overlay zone established a 90 foot set-back from U.S. 31, a minimum lot size of 5 plus acres and a minimum building size of 15,000 square feet. Nelson concluded: the only available use for the real estate today is for one single family home of 15,000 square feet. He can't imagine who would construct a home of this size knowing the rest of the land is zoned commercial. He doesn't believe this was the intent of the overlay zone which includes B-2 and B-3 designations for retail. Immediately south is B-2 as well as parcels to the south and west. The zoning was changed except for a few parcels, this one included. In 1991 the comprehensive plan was passed to provide for a new land use category allowing for regional commercial and regional office uses. Nelson stated that through legislative acts, this piece of real estate has been rendered useless. He believes the greater issue at stake is the integrity of the city's comprehensive plan. He also believed that the comprehensive plan sets out the recommended use for the real estate, that the real estate fits within the regional commercial ordinance use and suggested that the Council support Z-312. Also addressing the Council was J. Peter Miller, representing DePauw University from the law firm of McHale Cook & Welch. He also served as a representative for Earlham College. Together, DePauw and Earlham are the owners of the real estate, with 80 and 20 percent interests respectively, and it is deemed an endowment asset by both. Miller stated the entities concerns are the integrity of land use, land use planning and the opponents views of land use planning. He asked that Council pass the proposal. Councilor Miller discussed that his concern was to maintain the integrity of the strip of land and be aware of the tone a retail development would set. He stated he would not be supportive of the measure. All members voted NAY. Councilor Walker abstained. The rezone failed. Councilor Battreall moved to direct the Department of Community Services and the Carmel Plan Commission to develop a Corridor Regional Office District Zoning classification for the Meridian Street Corridor area and for it to be incorporated and implemented as part of the Vision 2020 Comprehensive Plan. Battreall explained that it was his intent to better assure the development community and the residents of Carmel/Clay that the area along the Meridian Street corridor would be developed in the highest degree of professional office as can be attained. Further, he asked that he Regional Office District include development standards and architectural design elements to enhance the Carmel/Clay area with well designed and significant office developments. Councilor Snyder seconded the motion. Councilor Carter mentioned that the Council needs to look at this from the DOCS perspective. He then suggested that the DOCS, within their planning component, could possibly separate the regional commercial office and regional commercial retail as they are two generally opposing activities. All members voted AYE in favor of the motion. The motion passed. First Reading of Ordinance C-181: James Shinaver, attorney for Craig Sharpe, developer of the Tudor Commons residential subdivision of 24 homesites, presented the ordinance for annexation of the real estate into the City. The real estate is 12.14 acres and is located in the north section of City. The common address is 941 Rohrer Road and is currently zoned R-1 for single family residential. The City Engineer has verified that the 1/8 contiguity requirement has been met. Mayor Brainard opened the public hearing at 7:58 p.m. The hearing was closed at 7:58 p.m. Councilor Snyder asked if DOCS has any comments. Director Cunningham stated it had been reviewed and suggested the Council suspend the rules and act on the annexation this evening. Councilor Rundle asked if the property lies in the Meridian Corridor Overlay Zone. Cunningham said it does lie within the overlay zone and that the petitioner has received a variance from the Board of Zoning Appeals in order to develop the subdivision. Councilor Snyder verified with Director Cunningham that all the approvals have been given. He clarified that the petitioner would appear before the Plan Commission on Tuesday to receive secondary plat approval. Councilor Carter asked Mr. Sharpe about plans to utilize the Monon Corridor. Mr. Sharpe stated that they would be developing a common area for the development's residents with an access point to the Monon. Councilor Battreall asked whether the development would proceed even if the annexation was not granted. Director Cunningham confirmed this. Mayor Brainard clarified with Director Cunningham that this annexation was sought by the City. Councilor Snyder asked Mr. Sharpe if the common area for Tudor Commons residents would be able to be utilized by Monon users. Mr. Shinaver noted that Mr. Sharpe was asked if he would create a public easement in earlier stages of the process. It is Mr. Sharpe's intent to create a community area where residents can come together. Creating a public easement creates a number of issues. The homeowner's association for the area will be responsible for the insurance for the area. Part of the marketing is to promote a secluded, secure area. It has been previously discussed that there are other access points to the Monon in the area. Councilor Carter asked if this would be a private, gated community. Mr. Shinaver replied it would not. Councilor Carter asked that consideration be given to seeing the Monon as an amenity. Councilor Walker moved to suspend the rules and act on the annexation tonight. Councilor Carter seconded. All members voted AYE. The motion passed. The Council took a 15 minute recess. New Business: The Mayor took the agenda add-on item first. The item is Resolution CC-02-19-96-03 requesting a transfer of funds for the Carmel Police Department in the amount of $500 from Subscriptions into Organization & Membership Dues. Councilor Walker moved to transfer the funds for the CPD in the amount of $500. Councilor Battreall seconded. All members voted AYE. The motion passed. Councilor Snyder moved to approve Resolution CC-02-19-96-01 for the transfer of $20,000 for the Street Department from Paving Funds into the Snow Removal Fund for salt and calcium. Councilor Walker seconded. Councilor Kirby inquired if the sum recently received for local roads and streets could be used to cover this transfer. The Clerk Treasurer and the Mayor explained that in order for that to occur a special appropriation would be necessary and that it would need to be advertised. All members voted AYE. The motion passed. Councilor Kirby moved to adopt resolution CC-02-19~96-02 to enlarge the City's participation in the Public Employees Retirement Fund for the Director of Human Resources and the City Attorney. Councilor Snyder seconded. Councilor Rundle asked how the City Council was eligible to receive PERF based on the requirement for 1,000 hours. Mayor suggested the City Attorney research this question. Councilor Walker called for the question. All members voted AYE. The motion passed. Councilor Rundle then inquired why the Council was voting on a special resolution to accept the City Attorney into PERF if the attorney already met the time requirement. The Mayor explained this was a new position that was created after the budget process and it was necessary to now establish both positions in PERF. Councilor Miller then asked to bring a new item of business to the floor. On February 15 he received memo from DOCS which he has passed out to everyone. Part of the council budget contains an item called urban forestry. DOCS wants to use $23,000 of the mo!~ey to move ahead with a grant for forestry projects. Miller said council could do one of two things: a). read tonight and act on or b). hold off until the next meeting. He asked Council to review now and give their feedback. The Clerk Treasurer said no action could be taken tonight because the item was not on the agenda. Parliamentarian Kirby was asked if the item could be considered. The Parliamentarian ruled that the urban forestry item must be placed on the next Council meeting agenda in the proper format. Councilor Miller asked that the Clerk Treasurer do so. Mayor Brainard then moved to the first reading of Ordinance D- 1202-96, the ordinance to adopt the fourth quarter city code supplement. Councilor Snyder moved to adopt ordinance D-1202-96. Councilor Rundle seconded. Clerk Treasurer explained the process for the City Code. Councilor Carter moved to suspend the rules and adopt the ordinance. Councilor Walker seconded. All members voted AYE. The rules were suspended. Mayor Brainard asked if there was further discussion regarding the ordinance. There was none. All members voted AYE. The motion passed. The Clerk Treasurer explained the scrivener's error in the salary ordinance. The amount for one of the salaries should have read $1,080 not $1,050. The State Board of Accounts requested that, in order for the error to be corrected, it must be shown in the minutes. Councilor Walker moved to correct the error. Councilor Battreall seconded. All members voted AYE. The motion passed. Announcements: Councilor Kirby congratulated the Mayor and Mrs. Brainard upon the birth of their fourth child, Martha. The Mayor thanked the Council and the staff for their work this week which allowed him to spend more time at home. Councilor Snyder moved to adjourn. Councilor Walker seconded. All members voted AYE. Meeting adjourned. Respectfully submitted, Attest: Approved,