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HomeMy WebLinkAboutCCM-03-15-99 CARMEL CITY COUNCIL MEETING AGENDA MONDAY, MARCH 15, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS a. Proclamation of Disabilities Awareness Month APPROVAL OF MINUTES a. March 1, 1999, Regular Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL a. Presentation of Document; Clerk-Treasurer Diana Cordray b. Dr. Judy Edwards, Carmel Clay Library Board COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retiremere COMMITTEE REPORTS OLD BUSINESS a. Second Readinll Ordinance C-197/Annexation of Hamilton Crossing East; Phillip A. Nicely, Bose McKinney & Evans *published in The Daily Ledger on FebruatZy 19, 1998 b. Second Readiml 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 in the Daily Ledger on February 4, 1999 and the Carreel News-Tribtme on Febrttaty 10, 1999 c. Second Readiml Ordinance D-1407-99, As Amended/An Ordinance Amending Section 4-31 of the Carmel City Code (Pool Tables); Councilor Kevin Kirby 11. 12. 13. 14. 15. Second Readinl~ Ordinance D-1408-99/An Ordinance Creating Section 8-38 of the Carmel City Code (Speed Humps); Councilor Bob Battreall Second Readinl~ Ordinance D-1409-99, As Amended/An Ordinance Amending Sections 4-26, 4-43 and 4-52 of the Carmel City Code (Vendor Application Procedure); Clerk-Treasurer Diana Cordray PUBLIC HEARING NEW BUSINESS a. First Readinl~ Ordinance D-1410-99/An Ordinance Renumbering Section 2-72 and Making Other Housekeeping Corrections to the Carmel City Code; City Attorney Douglas C. Haney b. Resolution CC-03-01-99-04/A Resolution Opposing the Addition of Any Members to the Carmel Common Council That Are Not City Residents and Not Properly Elected by City Residents; Councilor Luci Snyder c. Resolution CC-03-15-99-01/Resolution Approving Payment of Construction Costs for Hazel Dell Parkway ($70,268.47); Kate Boyle-Weese, City Engineer d. Limousine License Renewal; John Sullivan, Best Limo Service, Inc.; Clerk-Treasurer Diana L. Cordray OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, MARCH 15, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Luci Snyder; Councilors Kevin Kirby, Jim Miller, Bob Battreall, Norm Rundle and Ron Carter. Deputy Clerk Rebecca Martin also attended. Councilor Billy Walker was 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 called forward Robert Bill, director of Janus Developmental Services, Inc., and proclaimed March National Disabilities Month. APPROVAL OF MINUTES: Councilor Rundle moved to approve the March 1, 1999, regular meeting minutes. Councilor Snyder seconded. The minutes were approved 5-0. Councilor Battreall abstained. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Judy Edwards, the council's appointment to the Carmel Clay Public Library Board, handed information to the council (Exhibit A) and spoke about the progress of the library. Sallie Peeler, 1136 Hialea Court, discussed issues regarding parks with the council (Exhibit B). Russ Macdonald, 10905 Westfield Boulevard, asked why the tunnel underneath 126th Street for the Morton Trail was to the west of the trail, not on it. Mr. Macdonald also presented information from several sources about negotiations for the purchase of the land on which 126th Street was built. He asked the mayor to explain if the land had been purchased, and if so, for how much. Councilors discussed whether the mayor should address Mr. Macdonald now or wait until the next section of the agenda. Councilors decided it was appropriate to wait until the next section. Roger Conn, 736 E. Main Street, stated the newsletter from the City was really a campaign letter in disguise. He also stated the City's operating balance was much lower than the City led citizens to believe. Dick Frost, 507 Stonehedge Drive, commended City employees for their hard work removing snow and talked about the City's taxes (Exhibit C). Mark Rattermann, president of the Clay West Action Council, explained the genesis of Senate Bill 628. He explained that CWAC wanted to resolve the problem of Carmel City Council voting on zoning issues for western Clay Township when the residents living there had no representation on council. He stated it was not the organization' s intent for the bill to read as it does in its current form, but that CWAC accepted the compromise to add four members to Carmel Council. He stated that CWAC never intended to usurp the council' s authority. Mr. Rattermann asked the council to make a formal statement of whether it would support Clay West residents forming their own town. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Miller stated several of his constituents were concerned about the disparity in the cost of trash removal. He stated that Ted Sholeff of BFI was supposed to be here this evening but couldn't because his father had had a heart-attack. Councilor Miller stated that citizens who were concerned about the cost of trash pick-up could call Mr. Sholeff at 823-6881, Ext. 539. Mayor Brainard responded to Mr. Macdonald's questions. He explained the City had placed the tunnel several feet west of the Monon so it wasn't covering the fiberoptic cable. He then explained the legal procedure for purchasing land for a new road and the laws that dictated building the road. The mayor also explained that the documents signed by the BPW and the Redevelopment Commission at their previous meeting were for the purchase price of the Mueller property on which the 126th Street extension was built, not for approval of the contracts. The mayor then responded to Mr. Conn's comments on the operating balance of the City. Councilor Kirby responded to Mr. Frost's comments against the council for budgeting by additional appropriations. He stated this council took a stand against that kind of budgeting and planned to use additional appropriations only for emergencies. He also stated the two items listed on the agenda under Citizens Who Wish to Address the Council should have been listed under Committee Reports. CLAIMS: Councilor Snyder moved to approve claims for $197,800.83, $356,970.34 and $188,390.96. Councilor Battreall seconded. Claims were approved 5-0. Councilor Rundle had left the room. OLD BUSINESS: Mayor Brainard announced Ordinance C- 197, annexation of Hamilton Crossing East. Ordinance C- 197 was approved 4-0. Councilor Battreall abstained because he was absent from the previous meeting. Councilor Rundle was out of the room. Councilor Rundle returned to the meeting. Mayor Brainard announced Ordinance Z-333, an ordinance amending the provisions of the Carmel Clay Zoning Ordinance that relate to the US 31 Overlay Zone, Section 23B. Councilor Carter moved to amend the zoning ordinance as revised by the Department of Community Services (DOCS). Councilor Snyder seconded. The mayor stated that state law required an amended zoning ordinance to go back to plan commission. Steve Engelking, DOCS director, explained each of the amendments and stated they were made so the ordinance would conform to the council's wishes. He answered questions from the council. Councilor Carter commended the DOCS staff and recommended an amendment to 23B. 5A. specifically excluding typical fast food restaurants. Councilor Snyder seconded. Councilors discussed the best way to word the amendment. Mayor Brainard recommended that Councilor Carter amend his motion to add the words and &ive-thru window sales of food after the words fast food restaurants. Councilors Carter and Snyder amended their motions to consist of the language recommended by the mayor. The amended ordinance was approved 6-0. Mr. Engelking stated he would ensure the ordinance was returned to plan commission in time for its first meeting in April. Mayor Brainard announced Ordinance D-1407-99, an ordinance amending Section 4-31 of the Carmel City Code regarding pool tables. He explained that this ordinance would remove the licensing fee and eliminate the requirement that pool tables must be seen from outside the premises. He stated the City Code currently contained an outdated law from the Prohibition era. Councilor Kirby suggested deleting all of Section 4-31, stating the City probably wouldn't enforce the proposed ordinance which required proprietors to be responsible for ensuring their patrons complied with curfew law. Councilor Kirby moved to delete Section 4-31 from the City Code. Councilor Snyder seconded. City Attorney Douglas C. Haney confirmed the only item addressed in Section 4-31 was pool tables. Councilor Rundle stated he wasn't necessarily opposed to imposing the responsibility of curfew compliance on the proprietor. Councilor Carter called for the question. The amendment was approved 4-0. Councilors Battreall and Rundle abstained. Councilor Carter called for the question. The amended ordinance was approved 4-0. Councilors Battreall and Rundle abstained. Mayor Brainard announced Ordinance D-1408-99, an ordinance creating Section 8-38 of the Carmel City Code regarding speed humps. Councilor Battreall asked the council to table the ordinance. He stated he, the street commissioner and city engineer were refining the wording. Councilor Battreall moved to table the ordinance. Councilor Miller seconded. Ordinance D-1408-99 was tabled 6-0. 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. Ordinance D-1409-99 was approved 6-0. NEW BUSINESS: Mayor Brainard announced Ordinance D- 1410-99, an ordinance renumbering Section 2-72 and making other housekeeping corrections to the Carmel City Code. Councilor Rundle moved to introduce the ordinance. Councilor Kirby seconded. Ordinance D- 1410-99 was carried over to the next meeting. Mayor Brainard announced Resolution CC-03-01-99-04, a resolution of the Carmel Common Council stating its opposition to adding four non-elected members to the council to vote on zoning items. Councilor Snyder explained she had put together this resolution to provide an official response to Senate Bill 628. She explained the City and Clay Township regularly have signed joinder agreements for services such as zoning and fire protection since 1960, and that these agreements are renewed yearly. She stated the Township has always had the ability to change the provision in the zoning agreement that allows the plan commission and then the city council to make zoning decisions for western Clay Township. Councilor Snyder offered three solutions for residents in western Clay Township: 1 ) break the joinder agreement and be under the county's planning jurisdiction; 2) break the joinder agreement and form a municipality; or 3) ask to be annexed by the City of Carmel because state law mandates that the City has to accept the application for annexation. Councilor Snyder stated she was not against annexation, but that she was opposed to annexing without the proper information. Councilor Kirby stated he wasn't sure that appointing representatives to an elected council was legal. He also stated the City needed to work with people in Clay West to learn their fears and concerns, stating that Mr. Rattermann was mostly concerned about the road situation, not tax issues. Councilor Kirby stated that Clay West forming it's own city probably was not the best option and stated the City had been clear about not doing any forced annexations. He added that the council wanted to hear feedback from CWAC. Councilor Snyder talked about the Residential Open Space Ordinance, several plans coming through plan commission under this ordinance and its benefits for all of Clay Township. Councilor Miller stated he was proud of Carmel and considered members of Clay West part of Carmel. He stated he wanted to take time to achieve the best results for everyone, but that he did not favor adding appointed members to the council. He stated he wanted to receive more information about Clay West incorporating. Councilor Snyder moved to introduce the resolution. Councilor Kirby seconded. At the council' s request, Mr. Rattermann explained that Mike Claytor, an accountant and resident of Clay West, figured what it would cost residents to form their own town. Mr. Rattermann explained that if the Village of WestClay was annexed into Carmel, Clay West would lose the heart of its proposed city, which was from 96th Street to the Boone County line to 146th Street to Spring Mill Road. Councilor Carter pointed out the irony that if Clay West residents chose to incorporate, they would have to do the equivalent of a hostile annexation in bringing the Village of WestClay into their town. Councilor Carter also stated the bill before the legislature was problematic and didn't solve the problem, which was Clay West' s need for infrastructure. He suggested taking one or two months to examine the figures. Councilor Kirby stated the council was willing to work with Clay West residents to solve the problem. Mayor Brainard thanked Mr. Rattermann for coming and agreed the City wanted to work with the homeowners in Clay West. Mr. Rattermann asked the council to make a formal statement at the next meeting as to whether it would support Clay West forming its own town. Councilor Battreall stated that two weeks was not enough time to make that kind of decision. Councilor Kirby suggested the council could have a special meeting with Clay West residents to discuss the issue. Councilor Battreall and Mr. Rattermann discussed how many people of western Clay Township CWAC represented. Councilor Battreall moved to open the meeting to other citizens who wished to speak on this topic. Councilor Kirby seconded. The motion was approved 6-0. Jose Kreutz, Brenwick Development, stated the Village of WestClay had no intention of belonging to any other municipality besides the City of Carmel. He stated that Brenwick would oppose attempts to be annexed by another municipality (Exhibit D). Wayne Wilson, 24 Wilson Drive, stated the City had lost the trust of residents in Clay West, and that something needed to be done to achieve the best for both sides. Michael Roccaforte, 11497 Nicole Court, stated he didn't care if he lived in Carmel and said Clay West's biggest concern was zoning. He confirmed that Clay West residents did not trust the City. Mr. Roccaforte stated he would feel more comfortable under the jurisdiction of the county plan commission. Councilors and the mayor discussed the City' s tax rate. Susan Jennings, 21190 Bayhill Court in Noblesville, dean of the Hamilton County Leadership Committee, stated this issue was not just a Clay West and City of Carmel issue. She stated that what was decided on this issue in the next several months would have precedence for the rest of the county. She stated that the senate bill represented only a small portion of residents in Clay West and that the council should not even discuss this issue unless it received a formal petition from residents in the township. Mr. Macdonald stated he was surprised councilors were unaware that township residents didn't trust them. No one else from the public wished to speak. Councilor Snyder stated the cost estimates she had seen for Clay West to incorporate were inaccurate and need to be refined. Resolution CC-03-01-99-04 was approved 4-0. Councilor Battreall moved to approve Resolution CC-03-15-99-01, a resolution approving payment of construction costs for Hazel Dell Parkway ($70,268.47). Councilor Carter seconded. Resolution CC-03- 15 -99-01 was approved 6-0. Councilor Battreall moved to approve the Request to Renew Limousine License by John Sullivan, Best Limo Service, Inc. Councilor Carter seconded. The Limousine License was renewed 6-0. ANNOUNCEMENTS: After discussion about whether to cancel the May 3, 1999, council meeting, Councilor Snyder moved to cancel the meeting. Councilor Miller seconded. Mayor Brainard stated he would work with Clerk- Treasurer Cordray to schedule a special meeting to approve claims. Councilor Snyder moved at 9:35 p.m. to adjourn the meeting after documents were signed. Councilor Battreall seconded. Respectfully submitted, Clerk-Treasurer Diana L. Cordray, IAMC Approved, Attest: Mayor James Brainard Clerk-Treasurer Diana L. Cordray, IAMC