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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 2. 3. 4. , 6. 7. 8. , 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 C, d, e, 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 11. 12. 13. 14. 15. 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