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HomeMy WebLinkAboutCCM-06-16-97COUNCIL CHAMBERS / City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JUNE 16, 1997 -- 7 P.M. CITY HALL / ONE CIVIC SQUARE Meeting Called to Order 2. 3. 4. Invocation Pledge of Allegiance Recognition of Outstanding Citizens/City Employees Approval of Minutes a. May 8, 1997, Executive Session b. May 19, 1997, Regular Meeting (previously tabled) Recognition of Citizens Who Wish to Address the Council Action of Mayoral Vetoes Claims a. $37,453.52 b. $492,316.50 Retirement General Claims Committee Reports Old Business a. Second Readina Ord4~ce D-1297-97/An Ordinance Vacating Right of Way (Part of River Road); BDC/Cardinal Associates, LP; Jim Nelson, Nelson & Frankenberger b. Second Readina 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. Second Readino Ordinance Z-317/An Ordinance Amending Zoning Ordinance Z-160, As Amended, for Parcel D of Hamilton Crossing; Petitioner is Hills Communities, Inc. Represented by Philip A. Nicely of Bose, McKinney & Evans. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 10. 1t. 12. 13. 14. Public Hearing a. First Readin~ Ordinance Z-318/An Ordinance to Require Residences on Lots Abutting Thoroughfares to be Constructed so They Pace Such Thoroughfares, with Vehicular Access Provided by Means of Alleys or Frontage Places; Tom Thompson, Carmel Clay Plan Commission b. First Reading Ordinance Z-320/An Ordinance Amending the Carmel/Clay Zoning Ordinance Z-289, as Amended, for the City of Carmel and Clay Township in Order to Regulate Wireless Telecommunication Services Antennas, Radio and Television Transmission Antennas and Towers; Tom Thompson, Carmel Clay Plan Commission New Business a. First Readin~ Ordinance D-1301-97/An Ordinance Amending Chapter 2, Article 3, Division V, Section 2-81 of the Carmel City Code (Field Training Officer Compensation); Mayor James Brainard b. First Reading Ordinance D-1302-97/An Ordinance Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission, and Pledging the County Option Income Tax Revenues of the City to Pay Certain Obligations and Addressing Matters Related Thereto; Carmel Redevelopment Commission Other Announcements Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JUNE 16, 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, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Chief Deputy Rebecca Wolf also attended. Councilor Norm Rundte 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 Battreall moved to approve the minutes from the executive session on May 8, 1997, and the regular meeting on May 19, 1997. Councilor Walker seconded. The minutes were approved 6-0. 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. CLAIMS: Councilor Snyder moved to approve claims in the amount of $37,453.52 representing retirement accounts and in the amended amount of $503,187.30 representing general claims. Councilor Battreall asked if the council needed to add the extra claims to the agenda before moving to approve the total amount of claims. Mayor Brainard stated the council probably needed to vote on whether it wanted to add the additional claims to the agenda. The mayor explained the reason for adding the claims was to pay vendors whose claims would not be paid in a timely manner if held until the July meetings. Councilor Battreall stated he was uncomfortable with add-on items and that the council had set a precedent several weeks ago not to add any more items to the agenda. Clerk-Treasurer Cordray explained the claims technically were not being added to the agenda. She stated the claims were on the agenda, but that the amount had changed. Councilor Carter seconded the motion to approve the claims. Claims were approved 6-0. Councilor Rundle arrived. Carmel; provided, however, if the City of Carmel has not acquired the reserved property within 10 years from the date of the recording of the commitment, the obligations contained in the commitment shall be null and void. Councilor Snyder seconded. The amendment was approved 7-0. Ordinance Z-317 was approved 7-0. PUBLIC HEARING: Councilor Snyder moved to introduce and waive the reading of Ordinance Z-318~ an ordinance requiring residences to face the streets on which they are built. Councilor Kirby seconded. Mike Hollibaugh of the Department of Community Services explained the ordinance was written to encourage new residential development to face the street and to eliminate the ~alley effect" of back yards with large fences facing main thoroughfares. He stated the Carmel Clay Plan Commission voted unanimously in favor of the proposal after a six-month hearing process. Mr. Hollibaugh explained how the ordinance would affect the current zoning ordinance. Councilor Miller stated stockade fences were an eyesore and that the issue addressed by this ordinance was an important one. Mayor Brainard opened the public hearing at 7:32 p.m. Seeing no one from the public who wished to speak, the mayor closed the public hearing at 7:33 p.m. Ordinance Z-318 was carried over to the next meeting. Clerk- Treasurer Cordray pointed out that Ordinance Z-318 was incorrectly written as Z-318-97 on the agenda. She stated Ordinance Z-320 also was incorrectly written on the agenda as Z- 320-97. Councilor Snyder moved to introduce and waive the reading of Ordinance Z-320, an ordinance amending Zoning Ordinance Z-289~ as amended, in order to regulate wireless telecommunication services antennas, radio and television transmission antennas and towers. Councilor Carter seconded. Mr. Molitor stated that Tom Thompson, plan commission president, was the chair of the task force looking at telecommunications towers issues. Mr. Molitor stated the task force considered questions regarding the need for towers and how to make them effective and aesthetically appealing. He stated the federal act that went into effect in February 1996 permits the city to maintain some land use regulations with certain limitations, and he listed some of those limitations. He explained the ordinance included a provision that allowed petitioners currently trying to receive permission to establish towers to be considered as applicants under the new process. Mr. Molitor stated all applicants' requests would be considered on a case-by-case basis. Mr. Molitor stated the language and ideas for the ordinance came from communities outside Indiana. Councilor Carter suggested the city consider a height disincentive for petitioners wanting to put up towers. He also stated that highway interchanges would be a good location for telecommunications towers. Several councilors asked who made the final determination of what was considered a properly camouflaged tower. Mr. Molitor explained the Board of Zoning Appeals had the option of asking for proof of camouflage before approving a request for a tower in a residential area. He stated that businesses had that option for towers going into business districts. Ordinance Z-320 was carried over to the next meeting. NEW BUSINESS: Councilor Carter moved to introduce Ordinance D- 1301-97~ an ordinance amendin~ Chapter 2, Article 3, Division V, Section 2-81 of the Carmel City Code (Field Training Officer Compensation). Councilor Walker seconded. The mayor read the ordinance. Some councilors expressed concern that a field training officer was not defined and that there seemed to be no controls as to what officers were considered field training officers. Clerk-Treasurer Cordray explained the police department had budgeted the money for the position of field training officer, but had failed to add the position to the salary ordinance. The mayor opened the floor for public comment. No one wished to speak. Ordinance D-1301-97 was carried over to the next meeting. Councilor Carter moved to introduce and waive the reading of Ordinance D-1302-97, an ordinance approvin~ a lease between the Redevelopment Authority and the Redevelopment Commission and pledging the county option income tax revenues of the city to pay certain obligations and addressin~ matters related thereto. Councilor Snyder seconded. Bruce Donaldson of Barnes & Thornburg, the city's bond counsel, explained that the people working on the bond issue had been charged with trying to find the best way to pay for the bond issue from county option income tax revenues. He stated the typical way to pay for these projects was to form a lease situation. Mr. Donaldson stated the Redevelopment Authority would issue bonds, construct the improvements and lease them back to the Redevelopment Commission. He stated the commission's lease rentals would be paid through a pledge of city COIT revenues. Mr. Donaldson stated that both bodies, the Redevelopment Authority and the Redevelopment Commission, recently met and preliminarily approved the form of lease to send to council. Mr. Donaldson then explained the remaining legal steps to approve the lease and stated that if all went well, the bonds should go into the market to be priced and sold by early August. Lauren Rooney of H.J. Umbaugh & Assoc. explained the financing structure of the lease agreement. She explained that the Hazeldell Road improvements and the Pennsylvania Street improvements were the two projects being leased, while the Old Town improvements and 126th Street projects would be paid for out of funds freed up by the leasing process. Ms. Rooney displayed cost breakdowns for the financing process (Exhibit A). She stated that the mayor's plan was to reduce the tax rate so property taxes would not increase as a result of this bond issue. Ms. Rooney stated the total bond issue would be just over $32 million. Councilor Snyder verified the city was working out an interlocal agreement with Hamilton County regarding ownership of Hazeldell Road since the city was not going to have time to annex it before issuing the bonds. Councilor Snyder asked that if any excess money from the bond release could be designated for another project. Mr. Donaldson stated any excess would be deposited into a sinking fund that could free up COIT for another project. Mayor Brainard stated that the Metropolitan Planning Organization which distributes federal funds for Marion County and the seven contiguous counties had placed lt6th Street between Rangeline and College Avenue on its approved list of projects. The mayor stated this money could be available to the city next summer or by the summer of 1999. Councilor Snyder stated the City of Carmel had never participated in a financing process such as this. She stated that the three- member appointed Redevelopment Authority would have control of more than $32 million of taxpayer money and that she did not think it wise to abrogate the council's authority over the projects. Mr. Donaldson explained that the bond money really would be held by a trustee and that a trust indenture would be drawn up between the Redevelopment Authority and the bank stating that the bank would be the custodian of the funds. The indenture also would contain a detailed set of procedures for how the Redevelopment Authority could disperse the funds. Mr. Donaldson stated that wording could be placed in the document requiring the council or a subcommittee to sign off on claims before the bank would release any money. The mayor stated he agreed the council should have that control since it was the elected body. Councilor Kirby stated he was concerned because the council would lose the ability to appropriate money for the leased projects. He stated an example of this was that the council would lose control over whether Hazeldell Road is developed as two lanes or four lanes. Councilor Kirby encouraged the city to put performance incentives in the contract so the bonds could be paid off early. Mayor Brainard stated that any residents who wanted to speak to the number of lanes included in the Hazeldell project would be able to do so at a later meeting. Mayor Brainard explained he was proposing Hazeldell as two lanes, but that the council had not lost control over whether Hazeldell would be two or four lanes. He stated that if the council wanted the road to be four lanes, it simply would have to appropriate the money for the construction of the additional lanes. Ordinance D-1302-97 was carried over to the next meeting. OTHER: The council discussed the budget hearing dates with the mayor and clerk-treasurer. Councilor Kirby stated he wanted the council to have the budgets at least a week before the first hearing. Mayor Brainard explained the delay in getting the budgets to the council was in his office. The council agreed to push back the budget hearings one week and cancel the fist meeting of June 25, 1997.. Councilor Battreall proposed the council sign ordinances and other documents at the end of the meeting before adjourning instead of signing them after each document is approved. The council agreed to sign the documents at the end of the meetings. The council discussed specific dates for the budget hearings. After some discussion the council agreed to cancel the hearing on June 25, 1997, and to have the budget hearings on July 2, 16 and 23, 1997. Councilor Kirby told the mayor the council expected to have the budgets by June 25, 1997. Councilor Carter stated he recently had talked with the Builders Association of Greater Indianapolis and that he had expected to have a proposal for a sign ordinance from BAGI that he could present to council at this meeting. He stated he had not received that document or any verbal contact from BAGI as of 3 p.m. this day. Councilor Snyder stated she had spoken with a woman from BAGI who had been advised not to develop an ordinance specifically for real estate because of potential lawsuits. Discussion ensued about how rigorously the city had enforced the sign ordinance. Councilor Rundle moved to adjourn. Councilor Snyder seconded. The meeting was adjourned 7-0 at 9 p.m. Res~ submitted, ! ! [] [] [] ! ! ! Millions Millions