HomeMy WebLinkAboutCCM-01-04-99 AMENDED
CARMEL CITY COUNCIL MEETING AGENDA
MONDAY, JANUARY 4, 1999 -7:30 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
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INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
APPROVAL OF MINUTES
a. December 7, 1998, Regular Meeting
b. December 18, 1998, Special Meeting
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
ACTION ON MAYORAL VETOES
CLAIMS
· Payroll
· General Claims
· Retirement
COMMITTEE REPORTS
OLD BUSINESS
a. Second Readinl~ Ordinance Z-330/An Ordinance Establishing the WestClay Village
Planned Unit Development District; David Warshauer, Brenwick Development Co., Inc.
*published in The Daily Ledger on November 21, 1998
b. Third Readinl~ Ordinance Z-327/An Ordinance to Promote the Preservation of Open
Space in Residential Neighborhoods in Conformity with the 2020 Vision Comprehensive
Plan (Chapters 5.0, 11.0 and Section 26.2 of the Zoning Ordinance); Jay Dorman,
Chairman of the Residential Open Space Ordinance Task Force
*pttblished in The Daily Ledger on November 4, 1998
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Third Readinl~ Ordinance Z-329/An Ordinance to Promote the Preservation of Open
Space in Residential Neighborhoods in Conformity with the 2020 Vision Comprehensive
Plan (Section 6.1 and 6.5 and Chapter 7 of the Zoning Ordinance); Jay Dorman,
Chairman of the Residential Open Space Ordinance Task Force
*pttblished in The Daily Ledger on November 4, 1998
Second Readin~ Ordinance D-1401-98/An Ordinance Enacting and Adopting a
Supplement to the Carreel City Code; Clerk-Treasurer Diana L. Cordray
Second Readin~ Ordinance A-84/Water Utility Budget; Utilities Manager John Dully
Second Readin~ Ordinance S-65/Sewer Utility Budget; Utilities Manager John Dully
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PUBLIC HEARING
a. Second Readinl~ Ordinance D-1402-98/An Ordinance Amending Section 9-171 of the
Carmel Code (Reduction of Sewer Fees for Certain Classifications of Users); Utilities
Manager John Duffy
*published in The Daily Ledger on December 18, 1998
b. First Readinl~ Ordinance Z-331/An Ordinance Rezoning Five Acres from S-1 to B-3 at
the Southwest Intersection of US 421 and Monroe Parkway; Julie Hall, REI Investments,
Inc.
*pttblished in The Daily Ledger on December 18, 1998
NEW BUSINESS
a. First Readinl~ Ordinance D-1403-99/Amendment to Sections 8-20(A) and 8-21(A) of
the Carmel City Code (Speed Limits on Certain Streets); David Klingensmith, Street
Commissioner
b. First Readinl~ Ordinance D-1404-99/Amendment to Section 8-120 of the Carmel City
Code Establishing a Four-Way Stop Intersection at Edinburgh Drive, Bridgefield Drive,
Woodpond North Roundabout and Woodpond South Roundabout; Mayor James Brainard
c. Resolution CC-01-04-99-01/Resolution Approving Payment of Construction Costs for
Hazel Dell Parkway ($542,655.78); Kate Boyle-Weese, City Engineer
d. Resolution CC-01-04-99-02/Approval of Expenditure from Barrett Law Revolving
Improvement Fund and Taking Other Actions Related Thereto; Douglas C. Haney, City
Attorney
OTHER BUSINESS
a. Council Appointments for 1999
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
16. ADJOURNMENT
CARMEL CITY COUNCIL MEETING MINUTES
MONDAY, JANUARY 4, 1999 -7:30 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBERS PRESENT: Mayor James Brainard; Council President Robert Battreall; Councilors Kevin
Kirby, Jim Miller, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana
Cordray and Deputy Clerk Rebecca Martin also attended.
Mayor Brainard called the meeting to order at 7:34 p.m. Councilor Miller gave the invocation. Mayor
Brainard led the Pledge of Allegiance.
APPROVAL OF MINUTES: Councilor Rundle moved to approve the December 7, 1998, minutes.
Councilor Miller seconded. Councilor Miller moved to strike the following sentence from the minutes:
She a,d Coztt~cilor Miller both stated the article i, the bzdia,apolis Star that said the vote o, this
project was a doHe deal was i,appropriate a,d iHCOH'eCt. He stated he did not recall stating his opinion
with these words. Councilor Battreall seconded. Councilor Snyder stated she did not recall making the
statement either. The amendment was approved 6-1. Councilor Walker voted no. The December 7
minutes, as amended, were approved 7-0.
Councilor Battreall moved to approve the December 18, 1998, special meeting minutes. Councilor
Walker seconded. The December 18 minutes were approved 4-0. Councilors Carter, Kirby and Rundle
abstained because they had not attended the December 18 meeting.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Brad Weber, M.D., 10333 Randall Drive, stated he was in favor of Ordinance Z-330, an ordinance
establishing the Village of WestClay Planned Unit Development (P.U.D.).
Michael Maurer, 1300 W. 106th St., stated he was in favor of the Village of WestClay.
Jean MacDonald, 10905 Westfield Blvd., stated several concerns she and her husband had with the
Residential Open Space Ordinances (ROSO), Z-327 and Z-329.
John Malooley, 12911 Brighton Avenue, stated he was in favor of the Village of WestClay. He stated
the development would increase the tax base and would incite the government to improve the roads in
western Clay Township.
Dick Frost, 507 Stonehenge Drive, addressed the council regarding items listed in Exhibit A.
Will Wright, 474 Gradle Drive, stated he was in favor of councilors approving the ROSO ordinances,
but asked them to add a 12-month sunset clause so the ambiguity and constitutional concerns could be
resolved. He suggested the plan commission meet regularly to discuss how the ordinances were
working.
CLAIMS: Councilor Battreall stated claims had been approved at the special meetings in December.
OLD BUSINESS: Mayor Brainard announced Ordinance Z-330, an ordinance establishing the
WestClay Village Planned Unit Development District (P.U.D.). He opened the floor for councilors to
comment on the ordinance. Councilor Miller stated that traffic congestion was a great concern regarding
the project, but that Steve Dillinger, president of the Hamilton County Commission, had written a letter
to Council President Bob Battreall explaining the County's commitment to improving roads in western
Clay Township (Exhibit B). Councilor Miller stated the Village would be a tremendous asset to the area.
Councilor Battreall stated he had paid attention as plans for the Village were presented to the plan
commission throughout the past year. He expressed confidence the Village would be completed as
intended and stated Brenwick should not be made to pay the price of unity in Clay Township.
Councilor Kirby stated he had a long history in western Clay Township and explained he wanted to see
this kind of development occur there. He stated he was in favor of Ordinance Z-330.
Councilor Snyder stated the Village was a well thought-out project that had helped the governing bodies
plan for road improvements across all of western Clay Township. She explained the Carmel area needed
different kinds of housing to be the community it wanted to be.
Councilor Rundle stated he believed plan commission members would have voted for the project if they
had received the same assurance from the County regarding road improvements the council had
received. He said he believed the Village would serve as a catalyst to unite the Carmel area as a
community during the next three to five years.
Councilor Carter declared he wasn't sure how he was going to vote. He agreed the Village could be an
outstanding development, but stated he was concerned Brenwick may not complete the project as
conceived and planned. He stated everyone would have to stick to their commitments to make it work.
Councilor Walker stated he was in favor of the project and explained the only way the City of Carmel
could make any improvements to roads outside of City limits would be to annex the affected areas. He
stated that as long as the County was committed to improving the roads, the project would be good for
the community.
Ordinance Z-330 was approved 7-0.
Mayor Brainard stated that citizens in western Clay Township had no representation on the Carmel City
Council because western Clay Township was not within City limits. He stated he was going to ask for a
group of citizens to help officials decide how best to make decisions for that area.
The council recessed for 15 minutes at 8:45 p.m.
Mayor Brainard announced Ordinance Z-327, an ordinance to promote the preservation of open space in
residential neighborhoods in conformity with the 2020 Vision Comprehensive Plan (Chapters 5.0, 11.0
and Section 26.2 of the Zoning Ordinance). Councilor Carter read an article about unguided urban
sprawl and explained that this was why the council needed to approve the open space ordinances. He
explained these ordinances preserved open space but would not hinder developers' revenues.
Councilor Miller agreed with Councilor Carter. Councilor Snyder also agreed the ordinances should be
passed tonight. She suggested passing a resolution at the next council meeting adding the sunset clause
to the ordinances. Councilor Kirby recommended making the sunset clause 18 months as opposed to a
year so everyone would have time to see the unintended consequences of the ordinances. He stated this
would give the City time to have the ordinances rewritten if needed. Ordinance Z-327 was approved 7-0.
The mayor announced Ordinance Z-329, an ordinance to promote the preservation of open space in
residential neighborhoods in conformity with the 2020 Vision Comprehensive Plan (Sections 6.1 and 6.5
and Chapter 7 of the Zoning Ordinance). Ordinance Z-329 was approved 7-0.
Mayor Brainard announced Ordinance D-1401-98, an ordinance enacting and adopting a supplement to
the Carmel City Code. Ordinance D-1401-98 was approved 7-0.
The mayor announced Ordinance A-84, the Water Utility budget. Ordinance A-84 was approved 7-0.
The mayor announced Ordinance S-65, the Sewer Utility budget. Ordinance S-65 was approved 7-0.
PUBLIC HEARING: Mayor Brainard announced Ordinance D-1402-98, an ordinance amending
Section 9-171 of the Carmel City Code (Sewer Rate). Utilities Director John Duffy stated this ordinance
reduced the sewer rate 10 percent.
Mayor Brainard opened the public hearing at 9:27 p.m. Seeing no one from the public who wished to
speak, the mayor closed the public hearing at the same time.
Council Miller asked who was not eligible for the rate reduction. Mayor Brainard stated every
residential user within City limits would receive the reduction. Ordinance D-1402-98 was approved 7-0.
Mayor Brainard announced Ordinance Z-331, an ordinance rezoning five acres from S-1 to B-3 at the
southwest intersection of US 421 and Monroe Parkway. Councilor Miller stated that the petitioner, Julie
Hall of REI Investments, Inc., had left the meeting early because of illness. He gave the proof of
publication of the public notice to the clerk-treasurer as requested by Ms. Hall.
Mayor Brainard opened the public hearing at 9:29 p.m. Seeing no one from the public who wished to
speak, the mayor closed the public hearing at the same time. Ordinance Z-331 was carried over to the
next meeting.
NEW BUSINESS: Councilor Snyder moved to introduce Ordinance D-1403-99, an ordinance
amending Sections 8-20(A) and 8-21(A) of the Carmel City Code affecting speed limits on certain
streets. Councilor Walker seconded. Councilors and Mayor Brainard commended Street Commissioner
David Klingensmith and his staff for their hard work plowing snow over the weekend. Ordinance D-
1403-99 was carried over to the next meeting.
Councilor Battreall moved to introduce Ordinance D-1404-99, an ordinance amending Section 8-120 of
the Carmel City Code establishing a four-way stop intersection at Edinburgh Drive, Bridgefield Drive,
Woodpond North Roundabout and Woodpond South Roundabout. Councilor Walker seconded.
Councilor Miller stated Woodpond North and South Roundabouts were not really roundabouts. The
mayor stated he had been listed incorrectly as the ordinance sponsor and that Councilor Miller had
sponsored the ordinance. Ordinance D-1404-99 was carried over to the next meeting.
Councilor Walker moved to approve Resolution CC-01-04-99-01, payment of construction costs for
Hazel Dell Parkway ($542, 655.78). Councilor Battreall seconded. Resolution CC-01-04-99-01 was
approved 7-0.
Mayor Brainard announced Resolution CC-01-04-99-02, approval of expenditure from Barrett Law
Revolving Improvement Fund and taking other actions related thereto, and stated it was the last step
required by state law in funding a project using the Barrett Law. Councilor Kirby stated he could not
support the resolution because he believed neighborhood improvement projects should be the City's
responsibility. He also stated the Barrett Law was cumbersome to City departments. Resolution CC-01-
04-99-02 was approved 5-2. Councilors Kirby and Snyder voted no.
OTHER: Councilor Walker nominated Councilor Carter for 1999 Council President. Councilor Miller
seconded. Councilor Rundle nominated Luci Snyder for same. Councilor Kirby seconded. Councilor
Kirby moved to close the nominations. Councilor Rundle seconded. Councilor Snyder was voted 1999
Council President 4-0. Councilors Kirby, Miller, Battreall and Rundle voted AYE.
Councilor Battreall stated he had not had time to talk to the council' s current appointments to the Board
of Zoning Appeals, Economic Development Commission, Cable TV Advisory Committee and Carmel
Clay Library Board to find out whether they wanted to be re-appointed. Councilor Battreall moved to
postpone these appointments until someone had talked to them. Councilor Kirby seconded. The
appointments were postponed 5-1. Councilor Rundle voted no. Councilor Walker was out of the room.
Councilor Miller nominated Councilor Kirby for the Carmel Clay Plan Commission. Councilor Snyder
seconded. Councilor Snyder moved to close the nominations. Councilor Rundle seconded. Councilor
Kirby was appointed to the plan commission 6-0. Councilor Walker was out of the room.
Councilor Snyder moved to re-appoint Councilor Carter and Rick Roesch to the Carmel Redevelopment
Commission. Councilor Kirby seconded. Councilor Miller moved to close the nominations. Councilor
Snyder seconded. Councilor Carter and Rick Roesch were re-appointed to the CRDC 7-0.
Councilor Battreall moved to re-appoint Council Rundle to the Hamilton County Solid Waste District
Board. Councilor Snyder seconded. Councilor Kirby moved to close nominations. Councilor Snyder
seconded. Councilor Rundle was re-appointed to the Solid Waste Board 7-0.
Councilor Kirby moved at 10:57 p.m. to adjourn the meeting after signing documents. Councilor Snyder
seconded.
Respectfully submitted,
Clerk-Treasurer Diana L. Cordray, IAMC
Attest:
Clerk-Treasurer Diana L. Cordray, IAMC
Approved,
Mayor James Brainard