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HomeMy WebLinkAboutCCM-06-02-97AMENDED AGENDA - MAY 27, 1997 Cky of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JUNE 2, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE Meeting Called to Order 1. Invocation 2. Pledge of Allegiance 3. Recognition of Outstanding Citizens/City Employees Approval of Minutes a. May 12, 1997, Special Meeting e. May 19, 1997, Regular Meeting 5. Recognition of Citizens Who Wish to Address the Council Action of Mayoral Vetoes 7. Claims a. $529,693.18 b. $24,000,000.00 c. $523,791.11 d. $36,091.33 $7,934.27 Payroll Investments Payroll Retirement General Claims Health Benefits 8. Committee Reports Old Business a. Second Readin~ Ordinance D-i293-97/An Ordinance Regulating the Use of Skateboards; Councilor Ron Carter b. Second Readin~ Ordinance D-1299-97/An Ordinance Authorizing the City of Carmel to issue its Taxable Adjustable Rate Demand Industrial Development Revenue Bonds (Telamon Corporation Project); Mayor James Brainard C. Second Reading Ordinance D-1300-97/An Ordinance Establishing Hours of Operation for Parks; Carmel/Clay Parks Board President Judy Hagan ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/57~-2400 A/4ENDED AGENDA - MAY 27, 1997 10. 11. 12. 13. 14. Public Hearing a. First Reading Ordinance D-1297-97/An Ordinance Vacating Right of Way (Part of River Road); BDC/Cardinal Associates, LP; Jim Nelson, Nelson & Frankenberger b. First Reading Ordinance D-1298-97/An Ordinance Vacating Right of Way (Part of River Road and 131st Street); BDC/Cardinal Associates, LP; Jim Nelson, Nelson & Frankenberger c. First Reading Ordinance Z-317/~tn Ordinance Amending Zoning Ordinance Z-160, As Amended, for Parcel D of Hamilton Crossing; Petitioner is Hills Communities, Inc. Represented by Philip A. & Evans. Nicely of Bose, McKinney New Business a. Resolution CC-06-02-97-01/Approval of Declaratory Resolution and Development Plan Approved and Adopted by the Carmel Redevelopment Commission and by the Carmel Clay Plan Commission; Plum Creek/Hazeldell Parkway Economic Development Area b. Resolution CC-06-02-97-02/Approval of Declaratory Resolution and Development Plan Approved and Adopted by the Carmel Redevelopment Commission and by the Carmel Clay Plan Commission; Pennsylvania Street South Economic Development Area c. Resolution CC-06-02-97-03/Approval of Declaratory Resolution and Development Plan Approved and Adopted by the Carmel Redevelopment Commission and by the Carmel Clay Plan Commission; Old Town Economic Development Area d. Resolution CC-06-02-97-04/Approval of Declaratory Resolution and Development Plan Approved and Adopted by the Carmel Redevelopment Commission and by the Carmel Clay Plan Commission; 126th Street Corridor Economic Development Area e. Resolution CC-06-02-97-05/Adoption of Budget Policy; Council President Kevin Kirby b. Resolution CC-06-02-97-06/Support of Development of Overhead Walkway Across Keystone Avenue Other Announcements Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JUNE 2, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Council President Kevin Kirby and Councilors Jim Miller, Robert Battreall, Norm Rundle, Luci Snyder and Ron Carter. Clerk-Treasurer Diana Cordray and Chief Deputy Rebecca Wolf also attended. Councilor Billy Walker arrived after the vote on claims. Mayor Brainard called the meeting to order at 7:03 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. APPROVAL OF MINUTES: Councilor Carter moved to approve the minutes from the special meeting on May 12, 1997. Councilor Snyder seconded. The minutes were approved 5-0. Councilor Rundle abstained. Councilor Rundle moved to approve the minutes from the regular meeting on May 19, 1997. Councilor Snyder seconded. Councilor Carter moved to strike the following sentence from the minutes: ~Mr. Engelking stated that signs placed on private property without a variance from the BZA were in violation of the sign ordinance." Councilor Rundle suggested the clerk-treasurer review the tgpe and change the minutes if needed. Councilor Carter amended his motion to have the clerk-treasurer review the tape and make the necessary corrections. Councilor Snyder seconded. The amended motion was approved 6-0. Mayor Brainard suggested the council postpone voting on the minutes until Clerk-Treasurer Cordray reviewed the tape. CLAIME: Councilor Snyder moved to approve the claims as listed on the agenda (Agenda Items 7a through 7f). Councilor Battreall seconded. Councilor Rundle stated that instead of investing $24,000,000 in one-month CD's, it would seem more appropriate to invest the money in longer-term CD's. Clerk-Treasurer Cordray stated she would be happy to put the money in longer-term investments, but that this was difficult because she had no projections of when the city would need to use the money. Councilor Rundle stated it was worth the risk of having to withdraw some of the money and pay a fee to put it in longer investments. Clerk-Treasurer Cordray asked Councilor Rundle to come by her office and participate in the process. Councilor Battreall stated the council was supposed to have a financial committee to oversee this type of process. The council discussed who the members of the financial committee were. The claims were approved 6-0. CouDcilor Walker arrived. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard opened the floor to anyone who wished to speak to a topic not listed on the agenda. No one from the public wished to speak. OLD BUSINESS: Mayor Brainard opened the floor for public comment on Ordinance D-1293-97, an ordinance regulating the use of skateboards. Nate Olp, 3405 Bridger North Drive, stated he understood why the city wanted to pass the ordinance. Mr. Olp explained the desire by skateboarders to have a skate park and stated they would be willing to build one if they could be supplied with the materials. Councilor Battreall stated he would like to work with skateboarders to achieve this goal. Councilor Miller thanked Mr. Olp for presenting a solution to the problem instead of just complaining. Councilor Carter stated the skateboarders would have to pursue the idea if they wanted a park. Mayor Brainard stated he would give Mr. Olp's name and address to the Carmel/Clay Park and Recreation director. Councilors Carter and Snyder discussed the possibility of skateboarders being allowed on the Monon Trail when it was completed. Councilor Kirby moved to strike paragraph (c) under item 1 of the ordinance that stated: ~Any skateboard, coaster, scooter or other similar wheeled toy vehicle or device operated in violation of this Ordinance shall be temporarily held by the City to abate the nuisance." Councilor Miller seconded. The amendment was approved 7-0. Matt Mills, 764 Dayton Drive, asked the council how soon the ordinance would be effective. Mayor Brainard stated it would be effective immediately. Councilor Kirby stated building a skateboard park would be a good project for the park board to undertake. Ordinance D-1293-97, as amended, was approved 7-0. Mayor Brainard called on Neil Steinbart of Barnes and Thornburg, the city's bond counsel, to explain Ordinance D-1299-97, an ordinance authorizing the City of Carmel to issue its Taxable Adjustable Rate Demand Industrial Development Revenue Bonds (Telamon Corp). Mr. Steinbart explained the bonds and the law regarding them. Mayor Brainard emphasized the city was not financially responsible for the bonds. Ordinance D-1299-97 was approved 7-0. Mayor Brainard announced Ordinance D-1300-97, an ordinance establishing hours of operation for parks. The mayor called a recess to locate the park board president and copies of the ordinance. The council reconvened after a few minutes. Judy Hagan, Carmel/Clay Park Board president, explained that a proposed amendment to the ordinance permitted the park board to set the hours for the parks. Councilor Rundle asked Ms. Hagan if anyone had problems with his suggestion to change the hours of operation for the parks from one-half hour before sunrise to one- half hour after sunset. Ms. Hagan stated this was an acceptable option. Councilor Rundle moved to change the hours as such. Councilor Snyder seconded. Councilor Walker called for the question. The amendment was approved 7-0. CoUncilor Carter called for the question. Ordinance D-1300-97, as amended, was approved 7-0. PD-BLIC HEARING: Councilor Walker moved to introduce Ordinance D- 1297-97, an ordinance vacating right of way for part of River Road. Councilor Battreall seconded. The council paused to sign Ordinance D-1300-97. Councilor Kirby asked council members if they had amended Ordinance D-1300-97 at the previous meeting. The mayor stated they had not, but that he momentarily thought they had. Councilor Kirby stated the ordinance the council was to sign included two amendments and that someone needed to offer the original amendment. Mayor Brainard asked for a motion to re-open the discussion on Ordinance D-1300-97. Councilor Carter moved to re- open the discussion. Councilor Battreall seconded. Councilor Kirby read the proposed change, the addition of paragraph nun~ber 2: ~That the Park Board has the authority to set hours of operation for all or some of the Parks property buy may exceed sunset by no more than four (4) hours." Councilor Kirby moved to add the paragraph and change the numbering as needed by the addition. Councilor Rundle seconded. Councilor Carter called for the question. The amendment was approved 7-0. The twice amended Ordinance D-1300-97 was approved 7-0. Councilor Snyder read a memo regarding openings on the tree committee and announced the Wednesday evening concerts at the gazebo. Jim Nelson of Nelson & Frankenberger gave a presentation regarding Ordinance D-1297-97 and Ordinance D-1298-97. Mr. Nelson asked the council to suspend the rules and act on the ordinance at this meeting. He commended all parties involved for their cooperation on this project. The public hearing, opened at 8:04 p.m., was closed at 8:05 p.m. No one from the public wished to speak. Councilor Kirby stated he was concerned the developers for the project were placing trees too close to the road in the city's right-of-way. Councilor Kirby stated this could cause driving hazards. He stated the city should adopt standards for tree planting. Mr. Nelson agreed. Ordinance D-1297-97 was carried over to the next meeting. Councilor Carter moved to introduce Ordinance D-1298-97, an ordinance vacating right of way for part of River Road and 131st Street. Councilor Snyder seconded. The public hearing, opened at 8:08 p.m., was closed at 8:09 p.m. No one from the public wished to speak. Ordinance D-1298-97 was carried over to the next meetin9. Councilor Battreall moved to introduce Ordinance Z-317, an ordinance to change the zoning classification of a parcel of Hamilton Crossing. Councilor Walker seconded. Philip Nicely, a representative of Duke Realty and Hills Development, Inc., explained the proposed use of the property under the requested zoning change. Mayor Brainard explained the ordinance was tabled at the April 21, 1997, meeting because the city first needed to receive results from a study of where to place Illinois Street. City Engineer Kate Boyie stated the study was done by Cole Associates. She explained she was not involved in an extensive review of the report, but that she believed the construction of the proposed condominiums on the plot of land changed by the rezone would not impede the expansion of Illinois Street. Councilor Battreall verified the property would be annexed into the city. Mayor Brainard opened the floor for public comment. No one from the public wished to comment. Councilor Rundle stated developers originally planned to build about 20 more condominiums on the property than they now planned to build. Councilor Rundle stated the Department of Community Services had recommended against the original rezone request and on March 18, 1997, still recommended against the request because DOCS had just that day received a plan it hadn't had time to review. He asked what DOCS's opinion was now. Mr. Nicely stated he had met with Steve Engelking, director of DOCS, and that Mr. Engelking had informed him the plan met DOCS's requirements. Councilor Kirby stated the rezone would increase the value of the property and that he wanted developers to consider at least a partial donation of right-of-way to the city if they received the rezone. Councilor Kirby stated he wanted a preliminary look at a right-of-way acquisition fee to determine what would be equitable. Mr. Nicely stated he could not guarantee the city land for the right-of-way at this time. Councilor Kirby stated that if the plan had not left room for right-of-way, and that if the petitioner had come before the council without that plan, the rezone probably would not happen. Councilor Carter supported Councilor Kirby's statement. Ordinance Z-317 was carried over to the next meeting. NEW BUSINESS: Mayor Brainard introduced Rick Roesch, chairman of the Carmel Redevelopment Commission; Bruce Donaldson of Barnes & Thornburg, the city's bond counsel; and Mike Schaffer, president of Wabash Scientific, inc. Mr. Schaffer then made a presentation regarding Resolutions CC-06-02-97-01, CC-06-02-97-02, CC-06-02- 97-03 and CC-06-02-97-04. He stated the council's approval of the resolutions would affirm the Carmel Redevelopment Commission's declaration of certain Economic Development Areas. Council members discussed what projects could be funded once these areas were declared Economic Development Areas. Councilor Battreall moved to introduce Resolution CC-06-02-97-01, approval of declaratory resolution and development plan approved and adopted by the Carmel Redevelopment Commission and by the Carmel Clay Plan Commission; Plum Creek/Hazeldell Parkway Economic Development Area. Councilor Carter seconded. Councilor Kirby moved to suspend the rules and discuss the resolutions together, yet vote on them separately. Councilor Miller seconded. The motion was approved 7-0. Councilor Carter moved to suspend the reading of the resolutions. Councilor Miller seconded. The motion was approved 7-0. Councilor Kirby stated it was important to recognize that voting in favor of these resolutions was voting to approve the projects included in them. He also stated that bonds for the areas declared Economic Development Areas are specific to those projects. Councilor Snyder stated the projects are in compliance with the comprehensive plan. She asked Mr. Donaldson to explain for the public who owned the property within the Economic Development Areas once these areas were declared as such. Mr. Donaldson explained the city initially would own them. He stated the structure for this particular bond issue was likely to be set up so that the Carmel Redevelopment Authority would own the right-of-way and lease it back to the Carmel Redevelopment Commission, both of which are entities serving on behalf of the city. Mayor Brainard stated the Redevelopment Authority had been established. He said it consisted of three mayoral appointments. Councilor Snyder asked if plans could be amended to add more projects within a redevelopment area. Mr. Donaldson stated new projects could not be added to this bond issue. Mayor Brainard clarified the city could do additional projects in this redevelopment area at a later time. Mr. Donaldson stated he was working on a bond issue payable through County Option Income Tax over the next 20 years, although the duration of the bond issue was the council's decision. Councilor Snyder asked what percentage of the city's COIT payments were anticipated to go toward paying these bonds. The mayor explained that in the first year, the amount of COIT used to pay off the bonds would be about 30 percent. He stated the city had projected COIT over the next several years and that by the year 2002 the initial 30 percent would be cut to about 20 percent. The mayor stated he suggested using COIT so people who use the roads will be paying for them, not just the property owners within the city limits. Council members discussed the extent of control it would have over the projects once it affirmed the Carmel Redevelopment Commission's declaration of certain Economic Development Areas. Councilor Miller moved to approve Resolution CC-06-02-97-01. Councilor Carter seconded. Resolution CC-06-02-97-01 was approved 7-0. Councilor Miller moved to approve Resolution CC-06-02-97-02. Councilor Carter seconded. Resolution CC-06-02-97-02 was approved 7-0. Councilor Miller moved to approve Resolution CC-06-02-97-03. Councilor Walker seconded. Resolution CC-06-02-97-03 was approved 7-0. Councilor Miller moved to approve Resolution CC-06-02-97-04. Councilor Walker seconded. Resolution CC-06-02-97-04 was approved 7-0. Councilor Kirby explained Resolution CC-06-02-97-05, a resolution to adopt a budget policy. He stated the resolution's intent was to give guidelines for developing budgets to department directors. He explained the resolution didn't contain any new rules, it just cleared up some vague areas regarding budgeting. Councilor Battreall moved to introduce the resolution. Councilor Snyder seconded. Councilor Carter moved to strike the following sentence from the ordinance: ~Public relations projects should be funded from the Council's budget.~ Councilor Battreall seconded. Mayor Brainard stated he believed the sentence was exclusionary. Councilor Kirby stated the sentence clarified that certain projects, such as the city's web page, should be funded by council. Council members discussed the meaning of words such as should, can, may and shall. Councilor Carter withdrew his original amendment and restated it to change ~should" to ~may." Councilor Battreall seconded. Councilors further discussed the meaning of the ordinance. Councilor Carter called for the question. The amendment failed 3-4. Councilors Miller, Battreall and Carter voted for the amendment. Councilors Snyder, Kirby, Rundle and Walker voted no. Councilor Walker moved to strike the sentence: ~Public relations projects should be funded from the Council's budget." Councilor Carter seconded. The amendment was approved 5-2. Councilors Snyder and Kirby voted no. Councilor Walker asked why the council needed the resolution. Councilor Miller stated it provided department directors with better guidelines. Councilor Kirby stated part of his goal was to classify the city's money in appropriate line items. Clerk- Treasurer Cordray verified with Councilor Kirby that she should disseminate the policy to department directors if it was approved. Council members further discussed'the intent of the ordinance. Councilor Carter called for the question. Resolution CC-06-02-05-97 was approved 4-2. Councilors Carter and Walker voted no. Councilor Battreall abstained. Mayor Brainard presented a history of Resolution CC-06-02-97-06, a resolution supporting development of an overhead walkway across Keystone Avenue. He explained the state had asked for a consensus from council before going forward with the project. Councilor Walker moved to introduce the resolution. Councilor Carter seconded. Councilor Snyder explained the previous council had considered a similar proposal, but since the community showed no interest in the walkway, it dropped the idea. Councilor Rundle stated he was unsure if the community was interested in it now. Councilor Miller stated the walkway was a good idea, especially for safety. Councilor Battreall stated the access for non- vehicular traffic over Keystone Avenue would be important, especially when the Monon and White River trails were completed. Councilor Carter talked about the location of the walkway. Councilor Rundle stated he was concerned that people wouldn't come from different intersections to the walkway at Carmel Drive and Keystone Avenue. Councilor Miller called for the question. Resolution CC-06-02-97-06 was approved 5-0. Councilor Rundle abstained. Councilor Walker had left the room. OTHER: Councilor Kirby moved to expend $2,500 from the council's promotion budget to pay for the city employees' picnic. Councilor Carter seconded. Councilor Walker called for the question. The motion was approved 7-0. Councilor Snyder asked if Councilor Kirby was writing a letter to the clerk-treasurer asking her to prepare a monthly spreadsheet of financial information to the council similar to a spreadsheet the council had received from Curtis Coonrod in the past. Councilor Kirby stated he needed to give Clerk-Treasurer Cordray a sample of what the council wanted. Councilor Snyder stated her request was a motion. Councilor Battreall seconded. Clerk- Treasurer Cordray stated she believed she had given Councilor Kirby the expense numbers he had requested. Councilor Kirby explained the form in which he wanted the figures and stated he would get the form to the clerk-treasurer. Councilor Snyder moved to adjourn. Councilor Battreall seconded. The meeting was adjourned at 10:24 p.m. Attest: Resp~tfully submitted,