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HomeMy WebLinkAboutCCM-05-17-99 MEETING NOTICE CARMEL CITY COUNCIL MEETING MONDAY, MAY 17, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE The Carmel City Council will meet on May 17, 1999, at 7 p.m. in Council Chambers, City Hall, One Civic Square to discuss city business. The purpose of the meeting is city business. CARMEL CITY COUNCIL MEETING AGENDA MONDAY, MAY 17, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. 6. 7. 8. , 10. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. March 15, 1999, Regular Meeting b. April 5, 1999, Regular Meeting c. April 19, 1999, Regular Meeting d. April 23, 1999, 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 a. JeffBurt, Hamilton County Alliance b. Discussion on the Selection of Council Members to Work with Clay West; Luci Snyder, Council President OLD BUSINESS a. Second Readinl~ Ordinance D-1408-99, As Amended/Creation of Section 8-38 of the Carmel City Code (Speed Humps); Councilor Bob Battreall *tabledMw'ch 1, 1999 b. Second Readin~ Ordinance D-1411-99/Establishment of an Ordinance Violation Deferral Program; City Attorney Douglas C. Haney and Judge Gall Bardach 11. 12. 13. 14. 15. PUBLIC HEARING a. First Readinl~ Ordinance C-198/Annexation of 17.96 Acres at the Northwest Corner of 126th Street and Hazel Dell Parkway (The Overture); Stephen L. Van Soelen, Esq., Estridge Development Co. * published in The Daily Ledger o~ May 5, 1999 b. First Readinl~ Ordinance Z-334/Amendment to Provisions of the Carmel Clay Zoning Ordinance which Relate to US 31 Overlay Zone; Dave Cremeans, Carmel Clay Plan Commission President *published it~ The Daily Ledger ot~ May 7, 1999 c. First Readinl~ Ordinance Z-335/Amendment to the Carmel Clay Zoning Ordinance, Section 31.6.4 "Proposals to Adopt or Amend Planned Unit Development District Ordinances"; Dave Cremeans, Carmel Clay Plan Commission President *published it~ The Daily Ledger ot~ May 7, 1999 NEW BUSINESS a. First Readinl~ Ordinance D-1412-99/Authorization for the City of Carmel to Issue Adjustable Rate Demand Industrial Development Revenue Bonds, Series 1999 for the Telamon Corp. Project and to Take Related Actions; Clerk-Treasurer Diana L. Cordray b. First Readinl~ Ordinance D-1413-99/Repeal of Sections 6-95, 6-96 and 6-97 of the Carmel City Code (Chickens, Dogs and Cats at Large); Douglas C. Haney, City Attorney c. Resolution CC-05-05-99-01/Resolution Approving Payment of Construction Costs for Hazel Dell Parkway ($173,039.31 ); Kate Boyle-Weese, City Engineer d. Resolution CC-05-17-99-01/Transfer of Funds by the Carmel Police Department; $50,000 from Line Item #650-01 Cars and Trucks to Line Item #526 Automobile Lease; Police Chief Michael Fogarty e. Resolution CC-05-17-99-02/Additional Appropriation for the Carmel Police Department; $31,000 of Insurance Money from the General Fund to Line Item #526 Automobile Lease; Police Chief Michael Fogarty OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, MAY 17, 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, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerk Rebecca Martin also attended. Mayor Brainard called the meeting to order at 7:06 p.m. Councilor Carter gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard read a statement proclaiming the week of May 16, 1999, Emergency Medical Services Week and recognized Fire ChiefDoug Callahan and several EMS firefighters. Mayor Brainard called forward a Boy Scout in the audience. The Scout stated he was attending the meeting to earn a merit badge. APPROVAL OF MINUTES: March 15, 1999, Regular Meeting: Councilor Snyder moved to approve the minutes. Councilor Rundle seconded. The minutes were approved 5-0. Councilors Walker and Battreall abstained because they were absent from the meeting. April 5, 1999, Regular Meeting: Councilor Walker moved to approve the minutes. Councilor Snyder seconded. The minutes were approved 5-0. Councilors Rundle and Battreall abstained because they were absent from the meeting. April 19, 1999, Regular Meeting: Councilor Carter moved to approve the minutes. Councilor Snyder seconded. The minutes were approved 2-0. Councilors Kirby, Miller, Battreall, Snyder and Walker abstained because they were absent from the meeting. April 23, 1999, Special Meeting: Councilor Snyder moved to approve the minutes. Councilor Rundle seconded. The minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Dick Frost, 507 Stonehedge Drive, addressed the council about several items (Exhibit A). No other citizens wished to address the council. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Carter stated he had some concerns with the Residential Open Space Ordinance passed in January and asked the Plan Commission, in accordance with the sunset resolution passed for the ordinance, to review the ordinance soon. Councilor Miller stated he sold his home and no longer lived in his council district. He stated he had enjoyed his time serving with the council and the mayor. Councilor Walker commended the mayor and Councilors Rundle and Carter on their re-election. He also congratulated Wayne Wilson for winning the Republican primary for the second council member at- large seat. Mayor Brainard asked for a motion to introduce Ordinance D-1412-99/Authorization for the City of Carmel to Issue Adjustable Rate Demand Industrial Development Revenue Bonds, Series 1999 for the Telamon Corp. Project at this time. Councilor Snyder moved as requested. Councilor Rundle seconded the motion but stated he was not comfortable with showing preferential treatment to the Telamon Corporation. Councilor Carter agreed with Councilor Rundle. The motion was defeated 0-6. Councilor Miller left the meeting during discussion. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $84,922.21 and $703,118.65. Councilor Rundle seconded. Claims were approved 6-0. COMMITTEE REPORTS: JeffBurt, Hamilton County Alliance: Mr. Burt updated the council on the Alliance's activities. Councilors discussed the Alliance with Mr. Burt. Discussion on the Selection of Council Members to Work with Clay West; Luci Snyder, Council President: Councilors discussed whether they should create a committee of the whole to meet with representatives of Clay West to discuss annexation. Councilor Battreall stated he believed the issue should be handled by the mayor and that the mayor' s Blue Ribbon Committee was already discussing annexation issues with Clay West. Councilor Kirby stated he thought the council should be involved in discussions with Clay West residents and suggested the council president work with the mayor on the issue. He stated he was concerned about the goals of the Blue Ribbon Committee. Councilor Carter stated he was not in favor of forming a committee to discuss annexation with Clay West residents. He stated that "negotiating" an annexation was inappropriate and that this issue was not the legislative body's responsibility. Councilor Rundle and Snyder voted in favor of forming a committee. The vote failed 2-4. Councilor Rundle stated that Clay West residents had asked the council for a group to discuss annexation in 1996, and that forming a committee to meet these wants would have a unifying influence on the community. Mayor Brainard explained that the Blue Ribbon Committee consisted of Clay West citizens but no elected officials. Councilor Battreall stated that it was often difficult to know who was representing who in Clay West. Councilor Walker asked what the City was trying to negotiate with Clay West. He stated the City could offer them the same services that current Carmel citizens receive, nothing more or less. He stated the one item that could be negotiated was the time frame. Councilor Kirby stated the City needed to be fiscally prepared before annexing an area as large as Clay West. OLD BUSINESS: Mayor Brainard announced Ordinance D-1408-99, an ordinance creating Section 8- 38 of the Carmel City Code regarding speed humps. City Attorney Douglas C. Haney explained he had revised the ordinance because of concerns from the city engineer that the ordinance was too vague. Councilor Walker asked how the speed humps on 98th Street were working. Councilors discussed the existing speed humps. Councilor Kirby stated he was not in favor of speed humps because they were often ineffective and there were better ways to discourage speeding. He stated he was pleased with the ordinance, however, because it did provide a set of guidelines for installation of the humps. Councilor Rundle stated he was not in favor of using speed humps because they sometimes caused traffic to slow lower than the speed limit. Councilors discussed different methods of traffic control. Mayor Brainard stated he was in favor of this ordinance. Councilor Rundle called for the question. The ordinance was approved 5-1. Councilor Walker voted no. Mayor Brainard announced Ordinance D-1411-99, an ordinance establishing an ordinance violation deferral program. Councilor Walker asked how violators who participated in the deferral program would be tracked. He stated he was concerned the program would allow speeding violators to break the law repeatedly in different parts of the state because their infractions were not recorded for other police agencies to know. Mayor Brainard stated that violators who participated in the program would be required to sign a document stating they were not participating in any other deferral program. Councilor Walker stated the Indiana State Police had complained that the program was not working well statewide. Mr. Haney stated that Carmel City Judge Gail Bardach would notify the BMV of all violators in the deferral program. Ordinance D-1411-99 was approved 6-0. Councilor Walker stated his approval was contingent on violators' names being submitted to the BMV. PUBLIC HEARING: Councilor Rundle moved to introduce Ordinance C-198, annexation of 17.96 acres at the northwest corner of 126th Street and Hazel Dell Parkway (The Overture). Councilor Battreall seconded. Mayor Brainard opened the public hearing at 8:31 p.m. Seeing no one who wished to address the council, the mayor closed the hearing at the same time. Ordinance C-198 was carried over to the next meeting. Councilor Rundle moved to introduce Ordinance Z-334, an amendment to provisions of the Carmel Clay Zoning Ordinance which relate to the US 31 Overlay Zone. Councilor Snyder seconded. David Cremeans, president of the Carmel Clay Plan Commission, explained the history of the ordinance and explained the text change made by the plan commission. Mayor Brainard opened the public hearing at 8:37 p.m. Seeing no one who wished to address the council, the mayor closed the hearing at the same time. Ordinance Z-334 was carried over to the next meeting. Councilor Rundle moved to introduce Ordinance Z-335, an amendment to the Carmel Clay Zoning Ordinance, Section 31.6.4 "Proposals to Adopt or Amend Planned Unit Development District Ordinances." Councilor Snyder seconded. Mr. Cremeans stated this ordinance amended the P.U.D. Ordinance by permitting P.U.D.'s in Clay Township from the eastern boundary of Spring Mill Road to River Road instead of allowing them in the entire township. Mayor Brainard opened the public hearing at 8:38 p.m. Seeing no one who wished to address the council, the mayor closed the hearing at the same time. Councilor Rundie asked why Section 31.6.4.1 of this ordinance stated that P.U.D. 's could be approved between the eastern boundary of US 31 and River Road, instead of Spring Mill Road and River Road. Mr. Cremeans stated that "US 31" was a typographical error and should be changed to "Spring Mill Road." Mayor Brainard stated that if the council amended the ordinance it would have to be sent back to plan commission. Councilor Rundle stated he also was concerned with some wording in the ordinance. Councilor Rundle moved to table the ordinance. Councilor Kirby seconded. Councilor Rundle stated the content of the ordinance concerned him because the intent to ensure all infrastructure was in place before allowing development in Clay West was not realistic. Councilors discussed this ordinance, Clay West and the Residential Open Space Ordinances. Councilors discussed adding a "kill date" to this ordinance, as was done with the ROSO' s. Ordinance Z-335 was tabled 5-0. Councilor Battreall abstained. NEW BUSINESS: Mayor Brainard announced Ordinance D-1412-99, authorization for the City of Carmel to issue Adjustable Rate Demand Industrial Development Revenue Bonds, Series 1999 for the Telamon Corp. Project and to take related actions and explained the ordinance. Richard Starkey of Baker & Daniels explained the bond issuance further. Albert Chen, Telamon owner, thanked the council for their continued support of his business and talked about the growth of the business over the past few years. Mayor Brainard stated that because of the timing needed for Mr. Chen to complete the bond issue, he wanted to call a special council meeting on May 24 to approve the ordinance. Councilor Kirby moved to suspend the rules and vote on the ordinance this evening. Councilor Rundle seconded. The rules were suspended 6-0. Councilor Kirby moved to approve the ordinance. Councilor Rundle seconded. Ordinance D-1412-99 was approved 6-0. Councilor Snyder moved to introduce Ordinance D-1413-99, repeal of Sections 6-95, 6-96 and 6-97 of the Carmel City Code (Chickens, Dogs and Cats at Large). Councilor Battreall seconded. Mr. Haney explained that these code sections were redundant of other existing sections. Ordinance D- 1413 -99 was carried over to the next meeting. Councilor Walker moved to approve Resolution CC-05-05-99-01, resolution approving payment of construction costs for Hazel Dell Parkway ($173,039.31 ). Councilor Battreall seconded. Councilors discussed when the project would be complete. Resolution CC-05-05-99-01 was approved 6-0. Mayor Brainard announced Resolution CC-05-17-99-01, Transfer of Funds by the Carmel Police Department; $50,000 from Line Item #650-01 Cars and Trucks to Line Item #526 Automobile Lease and explained that this lease agreement would be less expensive for taxpayers than buying the cars outright. Councilor Battreall moved to approve the resolution. Councilor Walker seconded. Police Chief Michael Fogarty talked about the details of the agreement and explained the benefits of leasing. Councilors discussed the lease with Chief Fogarty. Resolution CC-05-17-99-01 was approved 6-0. Councilors continued to talk about financing. Councilor Battreall moved to approve Resolution CC-05-17-99-02, additional appropriation for the Carmel Police Department; $31,000 of insurance money from the General Fund to Line Item #526 Automobile Lease. Councilor Walker seconded. Resolution CC-05-17-99-02 was approved 6-0. OTHER BUSINESS: Councilors and the clerk-treasurer discussed budget hearing dates. Councilor Kirby commented he was unhappy with the mayor for trying to dissuade the city attorney from speaking earlier at the meeting when the council asked him questions. Councilor Carter moved to adjourn the meeting at 9:25 p.m. Councilor Kirby seconded. The meeting was adjourned 6-0. Respectfully submitted, Clerk-Treasurer Diana L. Cordray, IAMC Approved, Mayor James Brainard Attest: Clerk-Treasurer Diana L. Cordray, IAMC