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.