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HomeMy WebLinkAboutCCM-03-01-99 CARMEL CITY COUNCIL MEETING AGENDA MONDAY, MARCH 1, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. 11. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. February 1, 1999, Regular Meeting b. February 16, 1999, Special Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL a. Dr. Judy Edwards, Carreel Clay Library Board COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS OLD BUSINESS a. Second Readinll Ordinance Z-332/An Ordinance Rezoning 10520 North Jessup Boulevard from R-3 to B-1; James J. Nelson, Nelson & Frankenberger * published in the Daily Ledger on damtwZy 22, 1999 b. Second Readiml Ordinance D-1406-99/An Ordinance Enacting and Adopting a Supplement to the Carmel City Code; Clerk-Treasurer Diana Cordray PUBLIC HEARING a. First Readinll Ordinance C-197/Annexation of Hamilton Crossing East; Phillip A. Nicely, Bose McKinney & Evans *pttblished in The Daily Ledger on Februwy 19, 1998 12. 13. 14. 15. b, C, First Readinl~ Ordinance Z-333/An Ordinance to Amend the Provisions of the Carmel Clay Zoning Ordinance which Relate to the US Highway 31 Overlay Zone (Section 23B); Paul Spranger, Carmel Clay Plan Commission/Steve Engelking, DOCS * published it~ the Daily Ledger ot~ February 4, 1999 at~d the Carreel News-Tribttt~e February 10, 1999 Public Hearinl~ to Discuss the Use of Local Law Enforcement Block Grant Money and Matching Funds to Establish Crime Prevention Programs (See Agenda Item 12a) *pttblished it~ the Daily Ledger ot~ Febrttaty 23, 1999 NEW BUSINESS a. Resolution CC-03-01-99-02/Transfer of Funds by the Carmel Police Department; $2,160 from Line Item #100 (Full Time Regular Salaries) to Line Item #210 (Law Enforcement Continuing Education Fund); Police Chief Michael Fogarty b. First Readinl~ Ordinance D-1407-99/An Ordinance Amending Section 4-31 of the Carmel City Code (Pool Tables); Councilor Kevin Kirby c. First Readinl~ Ordinance D-1408-99/An Ordinance Creating Section 8-38 of the Carmel City Code (Speed Humps); Councilor Bob Battreall d. First Readinl~ Ordinance D-1409-99/An Ordinance Amending Sections 4-26, 4-43 and 4-52 of the Carmel City Code (Vendor Application Procedure); Clerk-Treasurer Diana Cordray e. Resolution CC-03-01-99-01/A Resolution to Support the Creation of Cross-Over at the Intersection of 13 1 st Street and US 31; Councilor Ron Carter f. Resolution CC-03-01-99-03/A Resolution Authorizing Joinder of the City in the Central Indiana Regional Transit Alliance and Execution of an Interlocal Funding Agreement; Councilor Kevin Kirby OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, MARCH 1, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Luci Snyder; Councilors Jim Miller, Norm Rundle, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerk Rebecca Martin also attended. Councilors Kevin Kirby and Bob Battreall were absent. Mayor Brainard called the meeting to order at 7:02 p.m. Councilor Carter gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard stated this year was the 100th anniversary of the VFW organization and recognized several members of Post 1003 who were at the council meeting. The mayor stated he was going to ask the Board of Public Works and Safety to name the main street of the City Center project Veterans Way. APPROVAL OF MINUTES: Councilor Snyder moved to approve the February 1, 1999, regular meeting minutes. Councilor Walker seconded. The minutes were approved 4-0. Councilor Rundle abstained because he was absent from the meeting. Councilor Walker moved to approve the February 16, 1999, special meeting minutes. Councilor Snyder seconded. The minutes were approved 5-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard stated the council' s appointment to the Library Board, Dr. Judy Edwards, was sick and would not be able to address the council this evening. James Quinn, a member of the task force that reviewed Carmel's sale of raw water to the Indianapolis Water Company, spoke about the committee's findings (Exhibit A). Ronald D. Smith, 1133 Birnam Woods Trail, stated his displeasure with the City's acquisition of the Monon Trail (Exhibit B). COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Snyder stated she had been skeptical about Carmel selling its water to the Indianapolis Water Company but had changed her mind. She stated she was pleased the City had made money and had obtained a park in the process. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $109,583.77, $486,878.69 and $1,446.25. Councilor Walker seconded. Claims were approved 5-0. OLD BUSINESS: Jim Nelson of Nelson & Frankenberger summarized Ordinance Z-332, an ordinance rezoning 10520 North Jessup Boulevard from R-3 to B-1 to add parking spaces for Weihe Engineers. There was no discussion. Ordinance Z-332 was approved 5-0. Mayor Brainard announced Ordinance D-1406-99, an ordinance enacting and adopting a supplement to the Carmel City Code. Councilor Rundle verified the city attorney had approved the supplement. Ordinance D- 1406-99 was approved 5 -0. PUBLIC HEARING: Councilor Carter moved to introduce Ordinance C-197, annexation of Hamilton Crossing East. Councilor Walker seconded. Phillip A. Nicely from Bose McKinney & Evans explained that the parcel, which runs from 126th Street south to where Old Meridian crosses Pennsylvania Street, wove in and out of City limits. He stated the goal was to bring Pennsylvania Street into Carmel's jurisdiction. Mayor Brainard opened the public hearing at 7:30 p.m. Seeing no one who wished to speak, the mayor closed the public hearing at the same time. Councilor Snyder asked Mr. Nicely to explain a letter he received from Hamilton County Attorney Mike Howard regarding the annexation. Mr. Nicely stated that according to state statute, annexation ordinances could not become effective until the beginning of next year because of the census. He stated that Hamilton County had agreed to relinquish its rights to Pennsylvania Street to the City of Carmel upon passage of ordinance (Exhibit C). Ordinance C-197 was carried over to the next meeting. Mayor Brainard announced Ordinance Z-333/an ordinance amending provisions of the Carmel Clay Zoning Ordinance which relate to the US Highway 31 Overlay Zone (Section 23B). Mike Hollibaugh of DOCS stated he was addressing the council on behalf of Paul Spranger of the Plan Commission. Mr. Hollibaugh explained this ordinance made 15 changes to Section 23B, most of which were cosmetic changes. He stated the plan commission voted unanimously on this ordinance with three new members abstaining. Mr. Hollibaugh explained each of the amendments. Councilor Carter moved to introduce the ordinance. Councilor Snyder seconded. Mayor Brainard opened the public hearing at 7:35 p.m. David Warshauer of Brenwick Development Company stated Brenwick was concerned with changes made to Section 23B(5) that would reduce the retail space available in the corridor from 15 percent of the development plan to 15 percent of the ground floor area. Philip A. Nicely of Bose McKinney & Evans agreed that allowing only 15 percent of the ground floor area to be developed would severely limit the amount of retail that could go into the corridor. Seeing no one else who wished to speak, the mayor closed the public hearing at 7:42 p.m. Councilor Snyder stated she had been part of the Meridian Corridor Task Force and didn't remember the task force making suggestions to reduce the amount of retail to 15 percent of the ground floor area. Steve Engelking, director of DOCS, stated the plan commission may have passed the recommendation without being fully aware of the change that was being made. He confirmed Councilor Snyder's recollection that the task force had not recommended decreasing the retail space in the Corridor. Councilors discussed how the task force and plan commission decided to reduce the amount of retail space. Councilor Snyder read part of a letter from Councilor Kirby recommending the council send the ordinance back to plan commission for review (Exhibit D). Councilor Carter stated he was displeased that it took this ordinance 18 months to reach council from the task force, and discussed with Mr. Hollibaugh why the ordinance arrived at council in its present form. He recommended several amendments to the ordinance. Mr. Engelking asked what amendments the council wanted incorporated into the ordinance for consideration at the next meeting. Mayor Brainard directed Mr. Engelking to draft a revision that included the council's recommendations from tonight. Councilor Walker asked that from now on, whenever anyone changed the document, that he/she would initial the change so councilors would know who or what group initiated the amendments. Councilors continued to discuss how the ordinance was altered from the original recommendations of the task force. Mr. Engelking stated that DOCS staff members had not taken any liberties with the document. He explained they only changed items as recommended by members of the task force or plan commission. Paul Spranger, plan commission member and task force president, stated that consistently throughout task force hearings and discussions, the public stated it did not want much retail in the Meridian Corridor. He explained this ordinance limited the amount of retail space so it would be consistent with the vision for the Corridor. Councilors discussed the ordinance at length. Councilor Walker moved to send the ordinance back to plan commission, stating the council wouldn't accept it until it was put together correctly. Mayor Brainard stated that unless councilors acted to amend or reject the ordinance, it would become law in 60 days. Councilor Walker withdrew his motion and moved to suspend the rules and act on the ordinance at this meeting. The motion failed for lack of a second. Mr. Engelking reassured the council that his staff does not unilaterally make changes without directive from someone and will never do so. He stated they would have amendments for the council by next week. Ordinance Z-333 was carried over to the next meeting. Mayor Brainard stated the council must have a public hearing to discuss the use of local law enforcement block grant money and matching funds to establish crime prevention programs. Police Chief Michael Fogarty explained the City had received $21,597 in block grant money, of which t0 percent had to be in local matching funds. He stated the money was to establish crime prevention programs in addition to the City's 23 existing crime watch organizations. Chief Fogarty explained that an advisory board had decided how to spend the money, and that the public hearing was to make citizens aware of the program and promote discussion of the proposed spending plan (Exhibit E). Clerk-Treasurer Cordray pointed out the council did not have a quorum because two councilors had left the room. Mayor Brainard called for a recess at 8:28 p.m. The meeting was resumed at 8:35 p.m. Chief Fogarty and Mayor Brainard discussed proposed uses for the block grant money. Mayor Brainard opened the public hearing at 8:40 p.m. Seeing no one who wished to speak, he closed the hearing at the same time. NEW BUSINESS: ChiefFogarty explained that Resolution CC-03-01-99-02, transfer of $2,160 from Line Item #tOO (Full Time Regular Salaries) to Line Item #210 (Law Enforcement Continuing Education Fund) by the Carmel Police Department was to provide the matching funds for the grant. He stated the money had not been budgeted because the department did not know it would receive the grant. Councilor Carter moved to approve the resolution. Councilor Walker seconded. Resolution CC-03-01- 99-02 was approved 4-0. Councilor Snyder was out of the room. Mayor Brainard announced Ordinance D-1407-99, an ordinance amending Section 4-31 of the Carmel City Code regarding pool table licenses and explained this was an outdated section of the code. He stated that Councilor Kirby sponsored this ordinance so that a restaurant in his district with a pool table in its basement would be in compliance with the law. Councilor Snyder moved to introduce the ordinance. Councilor Rundle seconded. Councilor Rundle asked why the City was requiring an $80 license for an establishment to have a pool table. City Attorney Douglas C. Haney stated it was part of the current code. Mayor Brainard agreed the fee should be removed from the ordinance and asked Mr. Haney to adjust the ordinance accordingly. Ordinance D-2407-99 was carried over to the next meeting. Mayor Brainard announced Ordinance D-1408-99, an ordinance creating Section 8-38 of the Carmel City Code regarding speed humps and stated the executive departments supported this ordinance. He also asked the council to withhold discussion per request of Councilor Battreall. Councilor Snyder moved to introduce the ordinance. Councilor Walker seconded. Councilor Carter stated he was concerned too many areas in Carmel would qualify for speed humps according to this ordinance. Mayor Brainard stated the council had to approve all requests for speed humps by a majority vote. Councilor Carter stated he wanted to have some modeling done on these guidelines. Councilors discussed the speed humps on 98th Street. Ordinance D-1408-99 was carried over to the next meeting. Mayor Brainard announced Ordinance D-1409-99, an ordinance amending Sections 4-26, 4-43 and 4-52 of the Carmel City Code regarding the vendor application procedure. Clerk-Treasurer Cordray explained this ordinance was written to bring the City' s code into compliance with recently changed state law. She explained that vendor applicants now must obtain a copy of their own background check instead of the Carmel Police Department doing it for them. Mayor Brainard explained the state law was passed to protect citizens' privacy. Councilor Walker moved to introduce the ordinance. Councilor Carter seconded. Ordinance D-1409-99 was carried over to the next meeting. Councilor Carter explained that Resolution CC-03-01-99-01, a resolution to support the creation of a cross-over at the intersection of 13 1st Street and US 31, expressed the council' s intent to pursue a project it had spoken of since early 1996. Councilor Carter explained the benefits a cross-over would provide. Councilor Carter moved to approve the resolution. Councilor Walker seconded. Mayor Brainard stated that 1NDOT planned to make US 31 a limited access highway, and explained he recently had talked with a representative from 1NDOT who said the state would be willing to take the lead on starting this cross- over even though the full US 31 project was not set to begin until 2007. Councilor Miller stated this should be a top priority for the City. Resolution CC-03-01-99-01 was approved 5-0. Mayor Brainard announced Resolution CC-03-01-99-03, a resolution authorizing the City to join in the Central Indiana Region Transit Alliance and execution of an interlocal funding agreement. He explained the resolution' s purpose and stated the City would be required to contribute $4,000 toward the preparation of the regional transportation agreement. Councilors and Mr. Haney discussed the resolution. Councilor Miller stated he supported the resolution even though he needed to leave the meeting. The total amount of all cities contributing to the agreement equaled $200,000. Resolution CC- 03-01-99-03 was approved 4-0. OTHER: Mayor Brainard stated he had received a resolution from Councilor Snyder to be added to the agenda. Councilor Snyder moved to add Resolution CC-03-01-99-04, a resolution of the Carmel Common Council stating it was against the addition of four non-elected members to the council to vote on zoning items. Councilor Rundle seconded. The vote to add the resolution to the agenda failed because it was not unanimous; the vote was 3-1. Councilor Walker voted no. Clerk-Treasurer Cordray handed councilors their copies of the 1999 directory of elected officials, appointed board members and department directors. Councilor Walker moved at 9:02 p.m. for the council to adjourn after signing documents. Councilor Rundle seconded. Respectfully submitted, Clerk-Treasurer Diana L. Cordray, IAMC Approved, Mayor James Brainard Attest: Clerk-Treasurer Diana L. Cordray, IAMC