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CCM-05-05-97 CkyofCarmel ~ CARMEL CITY COUNCIL MEETING AGENDA MONDAY, MAY 5, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE Meeting Called to Order Invocation Pledge of Allegiance Recognition of Outstanding Citizens/City Employees a. Proclamation of National Drinking Water Week Approval of Minutes a. April 21, 1997, Regular Meeting Recognition of Citizens Who Wish to Address the Council Action of Mayoral Vetoes Claims a. $536,569.69 Payroll b. $250,825.29 General Claims c. $1,348,357.96 General Claims Committee Reports Old Business a. Second Reading Ordinance D-1287-97/An Ordinance Granting City Attorney Certain Settlement Authority; Councilor Robert Battreall b. Second Reading Ordinance D-1288-97/ An Additional Appropriation for Consulting Fees for Economic Development; $100,000; Councilor Robert Battreall c. Second Reading Ordinance D-1289-97/Amendment to City Code Section 2-105, Petty Cash Funds for City Departments; Police Chief Michael Fogarty d. Second Reading Ordinance D-1290-97/Amendment to City Code, Chapter 2, Article 3, Division II, Employee Fringe Benefit Program; Human Resources Director Barbara Lamb 10. Public Hearing ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571-2400 11. 12. New Business a. First Reading Ordinance D-1291-97/Provision for Inspection, Repair and Removal of Unsafe Buildings; Councilor Luci Snyder b. First Reading Ordinance D-1292-97/Adoption of Supplement to City Code; Clerk-Treasurer Diana Cordray c. First Reading Ordinance D-1294-97/Amendment to Chapter 6, Article 5, Division 1, Section 6-82 of City Code, Graffiti; Councilor Ron Carter d. First Reading Ordinance D-1295-97/Amendment to Section 3-29 of City Code, Destruction of Tape-Recorded Public Records; Clerk-Treasurer Diana Cordray e. First Reading Ordinance D-1296-97/Amendment to Chapter 2, Article 3, Division III, Section 2-61, Travel Expenses; Clerk-Treasurer Diana Cordray f. Resolution CC-05-05-97-01/Amendment to Comprehensive Plan, Adoption of U.S. 31 Task Force Report; Carmel Clay Plan Commission Other a. Presentation of Annual Report; Carmel/Clay Board of Parks and Recreation b. Council Appointment to Library Board; Current Appointment is Judy Edwards 13. Announcements 14. Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, MAY 5, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Councilors Kevin Kirby, Jim Miller, Robert Battreall, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Chief Deputy Rebecca Wolf also attended. Mayor Brainard called the meeting to order at 7:07 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. With council's consent, the mayor moved the annual report of the Carmel/Clay Board of Parks and Recreation to this point of the agenda. Judy Hagan, park board president, introduced the city council appointments to the park board and praised the accomplishments of the board in 1996. Randy Auler, director of the parks and recreation department, stated his department's focus was to comply with the strategic plan and provide outstanding customer service. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: In acknowledgment of National Drinking Water Week, John Duffy, city utilities manager, talked about some achievements and concerns of the water utility. Mr. Duffy specified several accomplishments of the Wellhead Protection Committee and stated one of his concerns was that construction materials did not contaminate the city's largest well site during the future Hazel Dell expansion project. APPROVAL OF MINUTES: Councilor Battreall moved to approve the minutes from April 21, 1997. Councilor Walker seconded. The minutes were approved 7-0. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Richard Frost, 507 Stonehenge Drive, was displeased that Councilor Walker had sought the legal opinion of the Attorney General regarding the city's attempt to annex part of western Clay Township. CLAIMS: Councilor Snyder moved to approve claims as listed on the agenda (Items 7a through 7c). Councilor Rundle seconded. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Snyder explained the council needed to make its appointment to the Carmel Clay Library Board and that Dr. Judy Edwards was the council's current appointment. Councilor Snyder stated the library board's president, John Fuchs, was pleased with Dr. Edwards' performance. Mayor Brainard stated Dr. Edwards was at this meeting and had offered to bring with her the architects and builders for the new library, but he had suggested she give that presentation at a later meeting. Councilor Snyder asked Dr. Edwards to report to the council quarterly about the project. Dr. Edwards handed several pages of information about the new library project to the council and answered questions. Councilor Snyder moved to re-appoint Dr. Edwards to the library board. Councilor Walker seconded. The appointment was approved 7- 0. Councilor Battreall stated the Cable TV Advisory Committee would meet on May 21, 1997. He also read into the record an editorial from the March 31, 1997, Indiana Business Journal (Exhibit A) commending the council for its attitude toward development. Councilor Carter stated the city needs to begin enforcing the sign ordinance. He explained he had received a letter written to C.P. Morgan Co. from the Builders Association of Greater Indianapolis asking them to comply with Carmel's sign ordinance. He stated C.P. Morgan Co. had not responded nor complied and that other developers were beginning to disregard the ordinance. Councilor Carter stated the city needed to enforce the ordinance or write a new ordinance that bans the signs all together. Councilor Kirby told Councilor Carter he could make a verbal resolution on the issue if he wished. Mayor Brainard explained that a Department of Community Services employee had placed violation stickers on some signs about two months ago, and the stickers had sparked better compliance among those cited. He further explained DOCS had no staff to enforce the ordinance after 5 p.m. or on weekends. Councilor Kirby stated the ordinance was developed to prompt the builder's association to write its own ordinance for city to adopt, but the association never produced one. Councilor Snyder stated the builders association last year had offered to design a permanent sign with a unique architectural appeal in which they could insert directional signs. Mayor Brainard suggested the council should move the discussion of this issue into business. Councilor Carter moved the issue into business. Councilor Kirby seconded. Councilor Carter moved that the director of DOCS appear before council at its next meeting to: 1. tell the council how DOCS will enforce the city's existing sign ordinance and 2. to provide council with a timetable and the cost of inspecting sign violations on weekends. Councilor Kirby seconded. Councilor Rundle stated the problem with DOCS is manpower and cost. He suggested hiring off-duty police officers or firefighters to enforce the ordinance, paying them with fines collected from the violation. The resolution was approved 7-0. OLD BUSINESS: Councilor Battreall explained that Ordinance D- 1287-97, an ordinance granting the city attorney certain settlement authority, enabled the city attorney to settle any lawsuit under $8,000 without coming before council. Councilor Rundle stated he would have been more comfortable with the ordinance if the attorney had come before the council with lawsuits prior to now. Councilor Battreall explained the attorney was not required by law to come before council for any amount. Councilor Rundle asked why council was being asked to pass the ordinance if there was no need for it. Mayor Brainard stated the ordinance was written mainly to let the council know the attorney would come before them with suits/settlement issues greater than $8,000. Councilor Rundle stated the ordinance should be reworded to reflect that intent. Councilor Snyder stated that during a recent executive session to discuss litigation she was surprised to learn the number of claims/suits against the city. She explained the previous council had met for executive sessions to decide how the city should handle each lawsuit. Councilor Walker stated he didn't want the city to settle lawsuits without a fight. Ordinance D-1287-97 was approved 4-3. Councilors Walker, Rundle and Snyder voted against it. Mayor Brainard announced Ordinance D-1288-97, an additional appropriation of $100,000 from the Board of Public Works and Safety budget for consulting fees for economic development. Councilor Rundle stated he was concer~ed about appropriating money without the city having a specific plan for its use. Councilor Miller moved to table the ordinance until the mayor and Councilor Battreall, the ordinance's sponsor, provided the council with a plan for the money's use. Councilor Snyder seconded. The mayor and Councilor Battreall said they would provide the council with a plan by the next meeting. Ordinance D- 1288-97 was tabled 7-0. Mayor Brainard announced Ordinance D-1289-97, an ordinance amending City Code Section 2-105, Petty Cash Funds for City Departments (Police Department). The ordinance was approved 7-0. Mayor Brainard Ordinance D-1290-97, an ordinance amending City Code Chapter 2, Article 3, Division II, Employee Fringe Benefit Program. Councilor Walker called for the question. The ordinance was approved 6-1. Councilor Snyder voted against it. NEW BUSINESS: Councilor Snyder moved to introduce Ordinance D- 1291-97, provision for inspection, repair and removal of unsafe buildings. Councilor Kirby seconded. Councilor Snyder stated she ideally would like the township included in the upkeep because the Department of Community Services, which is responsible for the city and township, would be enforcing the ordinance. Mayor Brainard opened the floor for public comment. Skip Walters, a resident of Ashton subdivision, stated he and his wife live next to an unfinished building started by a now- bankrupt developer. Mr. Walters stated the city should have the authority to deal with these kinds of problems. Councilor Carter asked if the township was permitted by state statute to make an ordinance of this nature. Councilor Snyder stated the township attorney was checking into the issue. Ordinance D-1291-97 was carried over to the next meeting. Councilor Carter moved to introduce Ordinance D-1292-97, adoption of the city code supplement. Councilor Walker seconded. Councilor ~undle moved to suspend the rules and vote on the ordinance. Councilor Snyder seconded. The motion, requiring a unanimous vote to pass, failed 6-1. Councilor Walker voted against it. Ordinance D-1292-97 was carried over to the next meeting. Councilor Walker moved to introduce Ordinance D-1294-97, Amendment to Chapter 6, Article 5, Division 1, Section 6-82 of the city code, Graffiti. Councilor Battreall seconded. The mayor read the ordinance. Councilor Carter explained the ordinance changed the penalty in the section from $3,000 to $2,500. Ordinance D-1294-97 was carried over to the next meeting. Councilor Kirby moved to introduce Ordinance D-1295-97, Amendment to Section 3-29 of the city code, destruction of tape-recorded public records. Councilor Walker seconded. The mayor read the ordinance. Clerk-Treasurer Cordray explained the purpose of the ordinance was to make the city code comply with state statute. Councilor Walker asked if destroying the tapes after three years was a good idea since the statute of limitations was seven years. Mayor Brainard stated that in the case of lawsuits regarding contracts, the contracts are usually the only evidence admissible in court. Clerk-Treasurer Cordray stated the written minutes of meetings were kept indefinitely and that few communities even produced video or audio tapes of their meetings. Councilor Carter stated the clerk-treasurer may want to check into new media that would allow the city to store many tapes on one disk. Ordinance D-1295-97 was carried over to the next meeting. Councilor Battreall moved to introduce Ordinance D-1296-97, Amendment to Chapter 2, Article 3, Division III, Section 2-61 of the city code, travel policy. Councilor Carter seconded. The mayor read the ordinance. Councilor Rundle asked what the State Board of Accounts meal reimbursement rate was. Clerk-Treasurer Cordray stated the ordinance originally was written to make the code comply with state statute. She explained the ordinance removed the limit on hotel costs from the city code, but meal costs were unchanged at a $40 limit per day. In response to Councilor Rundle's concern that $40 was not enough, the clerk- treasurer explained the $40 limit was based on claims for food over the past four years. Councilor Carter suggested looking at a magazine that produced a list of average costs of travel, meals and lodging in different cities. Clerk-Treasurer Cordray stated travel expenses were important to discuss during budgeting. Ordinance D-1296-97 was carried over to the next meeting. Councilor Walker moved to introduce Resolution CC-05-05-97-01, amendment to the comprehensive plan regarding the 'adoption of the US 31 Task Force Report. Councilor Kirby seconded. Paul Spranger, member of the US 31 Task Force and Carmel Clay Plan Commission, introduced the report and stated he would answer questions. Mike Hollibaugh of DOCS stated the task force was made up of four plan commission members and Councilors Carter, Kirby and Snyder. Councilor Battreall stated he was pleased with the committee's work, but was against the inducements mentioned in the report and would like to see the respective paragraph deleted. He also said he wanted to know why the plan commission changed the report to make 96th Street west of Meridian Street and south of 1-465 residential instead of a business area as suggested in the task force's recommendation to the plan commission. Mr. Spranger stated the city would probably rarely use the inducements mentioned in the report, but would take Councilor Battreall's concern to the plan commission. He explained the 96th Street area was changed from business to residential as a result of strong remonstration at a plan commission meeting. Councilor Battreall stated the area looks more suited to business. Councilor Miller presented history of 96th Street improvements, stating there were businesses and they beautified the area. Mr. Spranger stated the greatest concern of the remonstrators was that development would move west of Spring Mill. Mayor Brainard opened the floor for public comment. Ron Houck, 315 W. 107th St. and a representative of Clay West Information Council, recommended several changes to the report (Exhibit B). He also stated he was concerned because the public had not had adequate time to review the report, and he was not sure if traffic studies warranted the changes recommended in the report. Discussion ensued about predictions of traffic flow in the Meridian Corridor and the state's and Carmel's plans to build the area in preparation for the future. Dick Albright, 1249 Lancelot Ave. and a representative of the Chamber of Commerce, explained the chamber's desires for the development of the Meridian Corridor (Exhibit c). Councilor Carter commented the chamber's requests were out of character with the city's plans for the corridor. Councilor Kirby reminded the council that the questions being discussed were not original and already had been reviewed. Councilor Kirby moved to amend the report to its original version before plan commission changed it. Councilor Miller seconded. Councilor Walker asked for a clarification of the motion. Councilor Battreall asked Plan Commission President Tom Thompson to present the plan commission's opinion on the report. Mr. Thompson explained the commission's decisions and stated he believed officials should plan for a four-lane road (Illinois Street) on the west side of Meridian Street or they would regret it. Mr. Spranger said several administrative changes had been made to the report between the original task force recommendation and plan commission's changes.'Mr. Hollibaugh explained the language on page 16 had been changed to state that the alignment of the west frontage road bisect commercial property to the east and higher density residential to the west. Councilor Kirby agreed that the language on page 16 should remain and not revert to the language of the original report. After more discussion, Councilor Kirby amended his amendment to keep the changed language on page 16, not the original language. Councilor Snyder seconded. Sue Dillon, Clay West Resident, stated she was concerned with the words ~high intensity~ and the reference to eight units per acre in the report. Councilor Kirby agreed high intensity should be struck. Councilor Carter stated Mr. Houck's written suggestions (Exhibit A) would alleviate the problem. Councilor Kirby restated his original motion: He moved to change the amendments that had been made at plan commission back to their original verbiage except for the paragraph starting on page 16 and ending on page 18. His motion stated the language on page 18, paragraph 1 would be ~This roadway will serve as a boulevard bisecting the office/hotel/specialty retail component to the east, and the residential uses to the west." His motion also stated that on page 15 near the bottom of the page, the words ~sculpture gardens" would remain instead of the words ~community center." Discussion ensued about whether P.U.D. was clearly referenced in the report. Councilor Carter called for the question. The amendment was approved 6-1. Councilor Walker voted against it. Councilor Carter moved to amend page 16, paragraph 4 to include the words ~A well conceived, planned, single family residential community, probably situated along the western (Spring Mill Road) portion of the site" instead of A well conceived, planned, single family residential community, probably situated along the western (Spring Mill Road) portion of the site, with densities up to 8 dwelling units per acre (these might be attached, detached or zero lot line units)." Councilor Walker seconded. Councilor Kirby and Carter discussed how the proposed resolution compared to previous action take~ regarding zoning in Clay West. The amendment was approved 7-0. Councilor Snyder called for the question. Resolution CC-05-05-97- 01, as amended, was. approved 6-1. Councilor Walker voted against it. Councilor Kirby thanked Clerk-Treasurer Cordray for putting together a directory of officials and appointees for the city. Councilor Kirby moved to adjourn. Councilor Snyder seconded. The meeting was adjourned 7-0 at 9:52 p.m. ovedt ~ 0.~ May 5, 1997 MEMO: to Carmel City Council From: Clay West Information Council Re: Request to change wording in regard to: Development Plan and Strategies- U.S. Highway 31 Corridor Page 16, paragraph 4 Current wording: ~, A well conceived, planned, single family residential community, probably situated along the western (Spring Mill Road) portion of the site, with densities up to 8 dwelling units per acre (these might be attached, detached, or zero lot line units). Requested wording: · A well conceived, planned, single family residential community, probably situated along the western (Spring Mill Road) portion of the site. Page 18, paragraph 1 Current wording: · The roadway will serve as a boulevard bisecting the office/hotel/specialty retail component to the east, and the high intensity residential uses to the west. Requested wording: · The roadway will serve as a boulevard bisecting the office/hotel/specialty retail component to the east, and the residential uses to the west. Ronald Houck, president Clay West Information Council May 5, 1997 STATEMENT OF DICK ALBRIGHT ON BEHALF OF THE CARMEL CLAY CHAMBER Ol* COMMERCE Thank you ladies and gentlemen. My name is Dick Albright. I am an engineer and am speaking tonight on l~I~If of the Carmel Clay Chamber of Commerce. For the last several months I have attended, on behalf of the Chamber, the meetings of the task force world,g on the development plan and strategies for the U.S. Highway 31 Corridor, Briefly, though, we would like to make the following points: We support the creation of clear guidelines for development that take into account the fights and needs of the landowners and the community, But those rules should be written and applied in a manner to give the property owners, developers and businesses maximum flexibility and freedom to use and operate their properties. Local policymakers should not be allowed to micro-manage and create needless delay and red tape for new projects. We support a modification of restrictions on minimum sizes of lots and buildings to encourage responsible and appropriate development for the Pennsylvania Parkway. There is a need to revise current office parking specifications -- 4 spaces per 1,000 square feet of gross leasable space may not be appropriate for all needs. Foming a developer to go to underground or deck parking is not cost-effective for the Carmel area, and could discourage or prevcm beneficial development in our community. The market should select amenity services, not the City. Amenities should be able to blend with the surrounding developments, without being forced to loose their design identity. Any development plan should seek to merge intense use, such as service stations and restaurants. Restaurants do not fit wall in offices because food preparation smells are captured by the heating and air conditioning systems and spread throughout the bui~d!ng. Specific requirements related to zoning specifications and criteria should be removed and introduced for consideration in a separate ordinance. A eomprehemive plan should be a euneeptual roadmap for the future. Finally, we believe the focus of city policy makers should be on the development and construction of the Penn~lvania Parkway -- a four-lane parkway proceeding northerly from 103rd Street, joining with Old Meridian up to St. Vincent and U.S. 31 on the north. This Pennsylvania Parkway provides a realistic alternative to U.S. 31 for the promotion of businesses and appropriate amenities, as well as a way of addressing the local transportation needs of the citizens of Carmel.