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HomeMy WebLinkAboutCCM-04-21-97Cky o{ Carmel C2uZR4EL CITY COUNCIL MEETING AGENDA MONDAY, APRIL 21, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUAPd~ Meeting Called to Order 10. Invocation Pledge of Allegiance Recognition of Outstanding Citizens/City Employees a. Presentation of Range Line Pioneer Award to Josephine McCormick Approval of Minutes a. April 7, 1997, Regular Meeting Recognition of Citizens Who Wish to Address the Council Action of Mayoral Vetoes Claims a. $34,980.02 b. $520,355.20 c. $9,750,000.00 d. $34,522.40 e. $677,356.60 Retirement Payroll Investments Health Insurance General Claims Committee Reports Old Business a. Second Reading Ordinance D-1285-97/Additional Appropriation for Needs Assessment to Be Used to Develop a GIS Scope, $20,000; Joe Staehler, Department of Administration b. Second Reading Ordinance D-1286-97~ As Amended/Additional Appropriation for ~ngineering, Right-of-Way Acquisitions and Other Expenses; $5,399,500; Mayor James Brainard Public Hearing a. First Reading Zoning 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 CAILM EL, INDIANA 46032 317/57 b2400 11. 12. 13. 14. bo First Reading Ordinance D-1288-97/ An Additional Appropriation for Consulting Fees for Economic Development; $100,000; Councilor Robert Battreall New Business a. First Reading Ordinance D-1287-97/An Ordinance Granting City Attorney Certain Settlement Authority; Councilor Robert Battreall b. First Reading Ordinance D-1289-97/Amendment to City Code Section 2-105, Petty Cash Funds for City Departments; Police Chief Michael Fogarty c. First Reading Ordinance D-1290-97/Amendment to City Code, Chapter 2, Article 3, Division II, Employee Fringe Benefit Program; Human Resources Director Barbara Lamb d. Resolution CC-04-21-97-01/A Resolution Supporting Land Acquisition; 77.45 Acres Directly North of Civic Square Complex; Mayor James Brainard e. Resolution CC-04-21-97-02/A Resolution Providing for Reimbursement of Bonds; Mayor James Brainard f. Resolution CC-04-21-97-03/AResolution Supporting Land Acquisition; Various Parcels of Land for Hazel Dell Parkway Project; Mayor James Brainard Other Announcements Adjournment CARMEL CITY COUNCIL MEETING MINUTES MONDAY, APRIL 21, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Councilors Kirby, Miller, Battreall, Run~le, Snyder, Carter and Walker. Clerk-Treasurer Cordray and Chief Deputy Wolf also attended. Mayor Brainard called the meeting to order at 7:04 p.m. Councilor Miller gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Councilor Snyder commended Josephine McCormick, a member of the League of Women Voters, for her involvement in government. Mayor Brainard presented the Rangeline Pioneer Award to Ms. McCormick and also thanked her for her service to the community. APPROVAL OF MINUTES: Councilor Battreall moved to approve the minutes from April 7, 1997. Councilor Walker seconded. The minutes were approved 7-0. Mayor Brainard read a letter from a citizen commending Detective Larry Collins for his hard work on a theft case. CLAIMS.: Councilor Snyder moved to approve claims as listed on the agenda (Items 7a through 7e). Councilor Walker seconded. Claims were approved 7-0. OLD BUSINESS: Mayor Brainard read Ordinance D-1285-97, an additional appropriation of $20,000 from the Board of Public Works and Safety budget for a needs assessment to develop a GIS Scope. Mayor Brainard explained the money being appropriated had not been placed in the regular budget because the city did not know the county had planned to implement the GIS system this year. Mayor Brainard stated the city could achieve economies of scale by working on the GIS system at the same time the county did. Councilor Snyder stated she had asked Robert Book of the Clay Township Board to sit on the advisory committee. She stated Councilor Battreall also was on the committee. Councilor Battreall affirmed the mayor's opinion that it was a cost- effective time for the city to do its needs assessment. The appropriation was approved 7-0. Mayor Brainard read Ordinance D-1286-97, as amended, an additional appropriation of $5,399,500 from the Board of Public Works and Safety budget for engineering, right-of-way acquisitions and other expenses. Councilor Kirby asked the mayor for the total cost estimate of the Hazel Dell project. Mayor Brainard stated the project would cost about $20 million including land acquisition, construction, etc. Councilor Kirby stated he did not want to use city money to build a county road. The mayor responded that he planned to annex the road into the city before construction started. Councilor Kirby stated he thought the mayor held a different opinion before this meeting about annexing the road. Mayor Brainard stated part of the road was already in Carmel's corporate boundaries. Councilor Miller said he believed the three projects specified in the ordinance (Hazel Dell Parkway, Pennsylvania and 126th streets) were necessary for Carmel's growth. Councilor Walker stated the projects needed to be completed properly so they wouldn't have to be redone. The appropriation was approved 7-0. PUBLIC HEARING: Mayor Brainard stated the city had asked for Ordinance Z-317, an ordinance amending Zoning Ordinance Z-160, amended, for Parcel D of Hamilton Crossing, to be tabled. He explained the city recently had hired a consultant to decide where Illinois Street should be located. The mayor further explained that the route location study should be complete in several weeks at which time the request will be discussed with the petitioner. as Councilor Battreall moved to introduce 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 Carter seconded. Councilor Battreall stated he believed the city should hire someone to do public relations for the many projects being undertaken. He stated the mayor and others decided it would be appropriate to pay for such services through consulting fees. Mayor Brainard opened the public hearing at 7:34 p.m. No one from the public wished to speak. The hearing was closed at 7:35 p.m. Councilor Kirby clarified the appropriated money would be used for public relations for economic development only. The ordinance was carried over to the next meeting. NEW BUSINESS: Councilor Carter moved to introduce Ordinance D- 1287-97, an ordinance granting the city attorney certain settlement authority. Councilor Walker seconded. Mayor Brainard explained the ordinance. The ordinance was carried over to the next meeting. Mayor Brainard read Ordinance D-1289-97, an ordinance amending City Code Section 2-105, Petty Cash Funds for City Departments. Councilor Kirby moved to introduce. Councilor Snyder seconded. Councilor Walker asked what the petty cash currently was. Mayor Brainard said he would find the answer. The ordinance was carried over to the next meeting. Mayor Brainard read a memo from Human Resources Director Barbara Lamb regarding Ordinance D-1290-97, an ordinance amending City Code Chapter 2, Article 3, Division II, Employee Fringe Benefit Program. Councilor Walker moved to introduce. Councilor Battreall seconded. The ordinance was carried over to the next meeting. Councilor Battreall moved to introduce Resolution CC-04-21-97-01, a resolution supporting land acquisition of 77.45 acres north of Civic Square. Councilor Snyder seconded. Mayor Brainard stated the resolution should be amended to include the Mueller parcel adjacent to and immediately west of the area described in the resolution. Councilor Snyder moved to amend the resolution as the mayor suggested. Councilor Walker seconded. Councilor Rundle asked if the council needed a more formal description to act on the amendment. Clerk-Treasurer Cordray asked the mayor to repeat the amendment. Mayor Brainard suggesting holding a vote on the amended resolution for a few minutes until his secretary or the city attorney could find the actual written amended resolution and bring it to the meeting. Mayor Brainard stated Resolution CC-04-21-97-02 had been placed on the agenda in error. Councilor Walker moved to introduce Resolution CC-04-21-97-03, a resolution supporting land acquisition for the Hazel Dell Parkway project. Councilor Snyder seconded. The resolution was approved 7-0. ADD-ON ITEMS: Councilor Carter moved to add to the agenda Ordinance D-1282-97, as amended, an ordinance relating to low intensity residential development in certain areas. Councilor Snyder seconded. Councilor Kirby clarified the ordinance needed a unanimous vote to be added to the agenda. The ordinance was added to the agenda 7-0. The mayor explained this was the ordinance the council had sent back to the plan commission for review. Mayor Brainard opened the floor for public comment. Frank Franks, representing the Clay West Information Council and Little Eagle Creek, read a letter from Ron Houck, president of CWIC, and made statements in favor of low density. Amy Boldt, 146th Street and Hazel Dell Road, asked council to reconsider allowing a retail component in residential zoning. Councilor Kirby explained the council was only considering density in western Clay Township at this meeting. No one else from the public wished to speak. Councilor Kirby suggested at 7:56 p.m. the council recess for a few minutes. meeting reconvened at 8:05 p.m. The Councilor Rundle stated he would prefer the council make a unanimous vote on a decision as important as one regarding S-1 zoning in western Clay Township. He also criticized the plan commission for ignoring council's desires on the issue. Councilor Kirby stated he agreed with most of what Councilor Rundle said, but stated the important piece of planning for Clay West was the Open Space Ordinance, not the S-1 Zoning Ordinance. Councilor Kirby stated he believed 1.0 dwelling units per acre was too low. Councilor Snyder stated planning is the main issue that needs to be addressed in Clay West, not necessarily density. She also stated she would vote for 1.0 dwelling units per acre with the understanding the council would put the city's ordinances and comprehensive plan in line with the soon-expected recommendations of Randall Arendt, a recently hired planning consultant for the city. Councilor Walker called for the question. Ordinance D-1282-97, as amended, was approved 6-1. Councilor Kirby voted no. Mayor Brainard asked the council to return to Resolution CC-04- 21-97-01, as amended, a resolution supporting land acquisition of 77.45 acres north of Civic Square. Mayor Brainard stated the council earlier had moved and seconded the amendment. The amendment was approved 6-1. Councilor Kirby voted no. The amended resolution was approved 6-1~ Councilor Kirby voted no. Mayor Brainard explained Resolution CC-04-21-97-04, a resolution regarding establishment of Merchants Square Economic Development Area, was before the council because the Carmel Redevelopment Commission had just met this evening. Councilor Carter moved to add the item to the agenda. Councilor Miller seconded. The resolution was added to the agenda 7-0. Councilor Carter moved to introduce the resolution. Councilor Snyder seconded. Councilor Rundle stated he did not like adding items to the agenda and was displeased that requests to do so seemed to be occurring more frequently. He stated he was unhappy he received the back-up material for this item at 8:30 p.m. this evening. Councilor Rundle reminded the council that adding items to the agenda required a unanimous vote. He stated that in the future he rarely would be willing to vote in favor of adding items to the agenda. Rick Roesch, president of the Carmel Redevelopment Commission, stated the issue from the CRDC was about the infrastructure for the Merchants Square Project. He explained the process of declaring the project an economic development area and said the resolution before council, if approved, would designate the area as such. He stated the CRDC would be before the council at a later date regarding the bond issue. Councilor Carter read Confirming Resolution No. 2 from the CRDC and Resolution CC-04- 21-97-04. Councilor Kirby stated, although the correct process appeared to be followed, he was concerned members of the public may not have had adequate opportunity to voice their opinion on the subject. Councilor Carter stated members of the public had had a variety of forums in which they could comment on the issue. Scott Miley, reporter for Indianapolis Newspapers, Inc., asked if the notice was posted on the building. Chief Deputy Wolf stated CRDC notices were not the responsibilities of the Clerk- Treasurer's Office, but that the Department of Community Services was responsible for them. Mr. Roesch clarified the meeting was published in the legal notices because it was a public hearing and that it was a special meeting of the CRDC. Bob Swhier, attorney from Dann Pecar Newman for Merchants Square, asked the mayor if he could have a moment to check the statute regarding publication of meetings. The mayor called for a three- to four-minute recess at 9:03 p.m. The meeting was resumed at 9:08 p.m. Mr. Swhier reported I.C. 5-14-1.5-5(e) states the section of Indiana Code requiring posting 48-hours before a meeting shall not apply where notice by publication is required by statute. Mr. Swhier confirmed notice of the public hearing had been published as required by statute; therefore, notice of the meeting was not required to be posted on the building. Resolution CC-04-21-97-04 was approved 7-0. Councilor Snyder moved to adjourn. Councilor Battreall seconded. The meeting was adjourned 7-0 at 9:10 p.m. Res .~tfully submitted,