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HomeMy WebLinkAboutCCM-05-19-97 Cityo£ Carmel CAP~MEL CITY COUNCIL MEETING AGENDA MONDAY, MAY 19, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUAP. E Meeting Called to Order 2. 3. 4. 6. 7. 8. 9. Invocation Pledge of Allegiance Recognition of Outstanding Citizens/City Employees Approval of Minutes a. April 19, 1997, Executive Session b. April 19, 1997, Special Meeting c. April 28, 1997, Executive Session d. May 5, 1997, Regular Meeting e. May 8, 1997, Executive Session Recognition of Citizens Who Wish to Address the Council Action of Mayoral Vetoes Claims Committee Reports Old Business a. Second Reading Ordinance D-1288-97/AnAdditional Appropriation for Consulting Fees for Economic Development; $100,000; Councilor Robert Battreall (tabled at last meeting) b. Second Reading Ordinance D-1291-97/Provision for Inspection, Repair and Removal of Unsafe Buildings; Councilor Luci Snyder c. Second Reading Ordinance D-1292-97/Adoption of Supplement to City Code; Clerk-Treasurer Diana Cordray d. Second Reading Ordinance D-!294-97/Amendment to Chapter 6, Article 5, Division 1, Section 6-82 of City Code, Graffiti; Councilor Ron Carter e. Second Reading Ordinance D-1295-97/Amendment to Section 3-29 of City Code, Destruction of Tape-Recorded Public Records; Clerk-Treasurer Diana Cordray f. Second Reading Ordinance D-1296-97/Amendment to Chapter 2, Article 3, Division iii, Section 2-61, Travel Expenses; Clerk-Treasurer Diana Cordray ONE CIVIC SQUARE CARMEl., INDIANA 46032 317/571-2400 10. 11. 12. 13. 14. Public Hearing New Business a. First Reading Ordinance D-1293-97/An Ordinance Regulating the Use of Skateboards; Councilor Ron Carter b. First Reading 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. First Readin~ Ordinance D-1300-97/An Ordinance Establishing Hours of Operation for Parks; Carmel/Clay Parks Board President Judy Hagan Other Announcements Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, MAY 19, i997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Councilors Jim Miller, Robert Battreall, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Chief Deputy Rebecca Wolf also attended. Council President Kevin Kirby was absent. Mayor Brainard called the meeting to order at 7:14 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. APPROVA3~ OF MINUTES: Councilor Snyder moved to approve the minutes from the executive session and the special meeting on April 19, 1997. Councilor Walker seconded. The minutes were approved 6-0. Councilor Battreall moved to approve the minutes from April 28, 1997. Councilor Walker seconded. Councilor Battreall pointed out that Mayor Brainard could not have called the meeting to order as written in the minutes, because he did not attend the meeting. The council agreed Mayor Brainard's name should be removed from the minutes. The minutes, as amended, were approved 6-0. Councilor Battreall moved to approve the minutes from May 5 and May 8, 1997. Councilor Walker seconded. The minutes were approved 6-0. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mark Boyce, senior vice president of C.P. Morgan, addressed the council regarding its intent to begin enforcing the sign ordinance. Mr. Boyce presented the council with a letter (Exhibit A) explaining the need for developers to use directional signs on weekends. He said his letter also stated C.P. Morgan's intent to place one sign per community per intersection. Mayor Brainard stated he had discussed the council's concerns with C.P. Morgan and that the company had made changes in the amount and placing of signs. Councilor Carter stated he had seen 'two signs at 146th Street and Gray Road two weeks ago and that this was proof the council's concerns had not been alleviated. He stated the Builders Association of Greater Indianapolis was supposed to put together a sign ordinance for the council to consider, but had failed to do so. Councilor Miller asked Mr. Boyce if C.P. Morgan would be ~policing" itself to ensure it complied with Carmel's ordinance. Mr. Boyce stated he would take responsibility for the company's compliance with the standards set forth in its letter. Councilor Battreall clarified with Mr. Boyce that according to C.P. Morgan's standards as specified in the letter, the company could have several signs on a corner because they each pointed to a different development. Councilor Battreall noted that, in reality, the sign ordinance prohibited all signs. Councilors discussed the intent of C.P. Morgan's letter with Mr. Boyce. Councilor Rundle stated he did not think it was appropriate for Mr. Boyce to come before council asking the city not to enforce its own law. Steve Engelking, director of the Department of Community Services, explained how his department would handle enforcement of the sign ordinance (Exhibit B). He explained that when developers place signs in the right-of-way, it is a violation of city ordinance instead of the sign ordinance which is a zoning law. The violation, therefore, was one which~' the police department could enforce. Mr. Engelking stated that signs placed on private property without a variance from the BZA were in violation of the zoning ordinance. He explained that he planned to have an intern and meter readers trained who would be able to notify DOCS of violations. Mr. Engelking also stated police officers would receive training on right-of-ways so they could cite offenders properly. He stated the city would not try to enforce the ordinance~ outside the city limits upon request of the Hamilton County Commissioners. He stated that police should begin enforcing the ordinance on June 19, 1997. Councilor Snyder asked the council if its goal was to disallow signs altogether in accordance with the code, or if it wanted to modify the code. Councilor Miller stated the building industry should propose a new ordinance if it didn't want the current ordinance enforced. Councilor Walker pointed out that elected officials also were guilty of violating the ordinance because they placed signs in the right-of-ways for every election. Councilor Rundle stated the council's job as the legislative branch of government was not to determine when and how the law should be enforced. He stated that since the law was on the books, it should automatically be enforced by the executive branch. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: George Kristo of the Hamilton County Council on Alcohol and Other Drugs introduced Edward Sullivan of Liberty Mutual Insurance Co. and Christopher Long, a senior at Carmel High School. Mr. Sullivan presented Mr. Long with the Hamilton County Services Award and a $500 scholarship for his involvement in many activities and organizations, especially those against drug use. Mayor Brainard presented Mr. Long with a key to the city. Councilor Battreall clarified with Mr. Boyce that according to C.P. Morgan's standards as specified in the letter, the company could have several signs on a corner because they each pointed to a different development. Councilor Battreall noted that, in reality, the sign ordinance prohibited all signs. Councilors discussed the intent of C.P. Morgan's letter with Mr. Boyce. Councilor Rundle stated he did not think it was appropriate for Mr. Boyce to come before council asking the city not to enforce its own law. Steve Engelking, director of the Department of Community Services, explained how his department would handle enforcement of the sign ordinance (Exhibit B). He explained that when developers place signs in the right-of-way, it is a violation of city ordinance instead of the sign ordinance which is a zoning law. The violation, therefore, was one which the police department could enforce. Mr. Engelking stated that signs placed on private propert~hout a variance from the BZA were in violation of th~ ordlnanceo He explained that he planned to have an intern ~d-met%r readers trained who would be able to notify DOCS of violations. Mr. Engelking also stated police officers would receive training on right-of-ways so they could cite offenders properly. He stated the city would not try to enforce the ordinances outside the city limits upon request of the Hamilton County Commissioners. He stated that police should begin enforcing the ordinance on June 19, 1997. Councilor Snyder asked the council if its goal was to disallow signs altogether in accordance with the code, or if it wanted to modify the code. Councilor Miller stated the building industry should propose a new ordinance if it didn't want the current ordinance enforced. Councilor Walker pointed out that elected officials also were guilty of violating the ordinance because they placed signs in the right-of-ways for every election. Councilor Rundle stated the council's job as the legislative branch of government was not to determine when and how the law should be enforced. He stated that since the law was on the books, it should automatically be enforced by the executive branch. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: George Kristo of the Hamilton County Council on Alcohol and Other Drugs introduced Edward Sullivan of Liberty Mutual Insurance Co. and Christopher Long, a senior at Carmel High School. Mr. Sullivan presented Mr. Long with the Hamilton County Services Award and a $500 scholarship for his involvement in many activities and organizations, especially those against drug use. Mayor Brainard presented Mr. Long with a key to the city. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL (cont.): Pam Lambert, 616 Copley Place, asked the council to reconsider its vote on zoning for 96th Street (Exhibit C). She also stated the zoning map at the public library was incorrect. Mayor Brainard stated he would have the map corrected. Jeff Burt, president of the Hamilton County Alliance, updated the council on the marketing piece for Hamilton County. Councilor Snyder asked Mr. Burt to stay for the reading of Ordinance D- 1288-97. Councilor Carter stated he didn't believe Carmel and Westfield could be marketed in the same piece. Mr. Butt stated the alliance would consider marketing the communities separately when it had more resources. Gerald Wagner, 211 West 96th Street in Marion County, stated he was disappointed and discouraged with the council's vote on 96th Street zoning. COMMITTEE REPORTS: Mayor Brainard stated the City of Carmel had received $150,000 from Build Indiana Funds from the State for the City Center project. OLD BUSINESS: Mayor Brainard, with the council's consent, moved Ordinance D-1299-97, an ordinance authorizing the City of Carmel to issue its Taxable Adjustable Rate Demand Industrial Development Revenue Bonds (Telamon Corp), to the beginning of Old Business. Councilor Snyder moved to introduce the ordinance and waive the reading. Councilor Battreall seconded. Neil Steinbart of Barnes and Thornburg, the city's bond counsel, provided information on the type of bond and its low risk to the city. Councilor Rundle asked if waiting until the second reading at the next meeting to vote on the ordinance would place a hardship on Telamon. Tom Pittman of Baker and Daniels, Telamon's attorney, stated Telamon had outstanding bills the bond would enable it to pay. The council discussed whether or not to suspend the rules. Albert Chen, president of Telamon, stated he would be able to take care of the bills if the council opted not to suspend the rules. Councilor Miller moved to suspend the rules and vote on the ordinance. Councilor Snyder seconded. Council voted 4-2 to suspend the rules; Councilors Walker and Carter voted no. The motion failed. Ordinance D-1299-97 was carried over to the next meeting. 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. Ron Carter presented the council with a tentative breakdown of where the money would be spent (Exhibit D). Councilor Snyder asked if the city needed the appropriation since it had received $150,000 from the state for the City Center project. Councilor Rundle asked why the money was needed since money had already been spent on the City Center project. Mayor Brainard explained the $100,000 was for more than just the City Center project and that he did not know how soon the city would receive the $150,000. Councilor Snyder asked why the city didn't use the money in the Economic Development Fund. She also stated that Carmel should work with the Hamilton County Alliance instead of duplicating its efforts. Mayor Brainard agreed. Councilor Rundle spoke against the ordinance. Councilor Walker called for the question. ordinance DL 1288-97 was approved 4-2. Councilors Snyder and Rundle voted against it. Mayor Brainard announced ordinance D-1291-97, provision fo~ ins__~tion, re_~ir and re~oval of unsafe building. Councilor Snyder explained ~h~ ~lthough she was noted as sponsoring the ordinance, she really didn't have much to do with it. Councilor Snyder then stated she had spoken to the assistant city attorney, Doug Haney, about attending this meeting and he had told her he was not allowed to attend. Councilor Snyder asked the mayor why the city attorneys were not allowed to attend. Mayor Brainard stated he did not want to place the city attorneys in a position where they would be forced to give a legal opinion without being able to research the question. He also said he had seen other municipalities' legislative bodies defer policy decisions to their attorney. Councilor Battreall asked about the Unsafe Building Fund established by the ordinance. Councilor Snyder read part of the city code referring to the establishment of the fund. Clerk- Treasurer Cordray stated that creating an additional non- reverting fund was a function of the fiscal office and that she had not been notified she would need to do this. Mayor Brainard stated the fund is established by council according to state statute. Clerk-Treasurer Cordray stated it was helpful to know about these funds in advance. Councilor Carter introduced two of his neighbors who were in the audience. He explained the two men had been sharing the responsibility of taking care of an abandoned property between their homes. Councilor Carter stated he wanted to make sure the ordinance would help their situation, councilor Battreall called for the question, ordinance D-1291-97 was approved 6-0~ Mayor Brainard announced ordinance D-1292-97, adoption of th~ city code su~lement, ordin~ance D-1292-97 was approved 5-0. ~ouncilor Miller had stepped out of the room. Brainard announce~ ~_~ of the citC~_~_~ ~er 6, Article 5, Division 1, S=~tlon 6 8 Graffiti. Ordinance D-1294-97 was approved 5-0. Councilor Miller had stepped out of the room. Mayor Brainard announced Ordinance D-1295-97, Amendment to Section 3-29 of the city code, destruction of tape-recorded public records. Ordinance D-1295-97 was approved 6-0. Mayor Brainard announced Ordinance D-1296-97, Amendment to Chapter 2, Article 3, Division III, Section 2-61 of the city code, travel policy. Councilor Rundle asked if anyone had researched the average cost of meal expenses across the country. Councilor Carter stated that he meant to look into those expenses at a later time, not by this meeting. Clerk-Treasurer Cordray explained the purpose of the ordinance was to remove the limit on lodging expenses. She stated that the $40 limit on meals was to be looked into during budget hearings. Clerk-Treasurer Cordray stated the limit was set at $40 based on research of expenses for meals over the past several years. Ordinance D-1296-97 was approved 6-0. NEW BUSINESS: Councilor Walker moved to introduce Ordinance D- 1293-97, an ordinance regulating the use of skateboards. Councilor Carter seconded. Councilor Carter explained the proposed ordinance was a result of $20,000 to $30,000 of damage to city property as a result of skateboarding. He stated that a member of the parks board had at one time approached several members of the skateboarding community about developing a proposal for a skateboarding facility, but no proposal ever occurred. Councilor Walker asked if the city should include a liability clause. Ordinance D-1293-97 was carried over to the next meeting. Councilor Walker moved to introduce Ordinance D-1300-97, an ordinance establishing hours of operation for parks. Councilor Carter seconded. Mayor Brainard explained the ordinance. Councilor Rundle asked if the hours could be changed from sunrise to sunset to 30 minutes before sunrise to 30 minutes after sunset. Judy Hagan, president of the parks board, stated the hours were set as described in the ordinance upon advice of the police chief. Discussion ensued about the pros and cons of changing the hours. Ordinance D-1300-97 was carried over to the next meeting. OTHER: Councilor Battreall noted the council was not stopping after it passed each ordinance to sign the documents as it had declared it would earlier in the year. He stated that conducting business while trying to sign the approved documents was confusing for the council and the clerk-treasurer. Councilor Rundle agreed as did the mayor. Clerk-Treasurer Cordray stated that council members needed to sign Ordinance D-1282-97, as amended, which was approved at the April 21, 1997, meeting. She explained the copy of D-1282-97, as amended, which was available for councilors to sign at the April 21 meeting was not in the proper f~rmat, so she asked the Department of Law to redraft it for council to sign at tonight's meeting. She then asked council to sign the correct ordinance. Councilor Walker moved to adjourn. Councilor Miller seconded. The meeting was adjourned 6-0 at 9:49 p.m. Approved,