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,