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Home My WebLink AboutCCM-06-07-99 CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JUNE 7, 1999 -7 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. May 17, 1999, Regular 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 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 on May 5, 1999 b. Second 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 in The Daily Ledger on May 7, 1999 c. Second 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 in The Daily Ledger on May 7, 1999 11. 12. 13. 14. 15. Second 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 PUBLIC HEARING a. First Readinl~ Ordinance Z-336/An Ordinance Rezoning 4.382 acres near the Northwest Corner of Keystone Avenue and Carmel Drive from B-8 to B-3; Philip A. Nicely, Bose McKinney & Evans, LLP * published it~ the Daily Ledger ot~ May 2 7, 1999 NEW BUSINESS a. First Readinl~ Ordinance D-1414-99/An Ordinance Enacting and Adopting a Supplement to the Carmel City Code; Clerk-Treasurer Diana L. Cordray b. Resolution CC-06-07-99-01/Resolution Approving Payment of Construction Costs for Hazel Dell Parkway ($627,040.54); Kate Boyle-Weese, City Engineer OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JUNE 7, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Luci Snyder; Councilors Kevin Kirby, John Koven, Bob Battreall, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerks Rebecca Martin and Robin Butler also attended. Councilor Norm Rundle was absent. Mayor Brainard called the meeting to order at 7 p.m. Councilor Carter gave the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented the Range Line Pioneer Award to Hamilton County Council Member Stu Hancock. APPROVAL OF MINUTES: May 17, 1999, Regular Meeting: Councilor Battreall moved to approve the minutes. Councilor Snyder seconded. The minutes were approved 5-0. Councilor Koven abstained because he had not attended the May 17 meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Jim Keckley, Carmel Farmer' s Market Committee, announced the opening day of the market (Exhibit A) and thanked those who had supported the committee. Carl Mills, Clay Township Board Member, thanked the Clerk-Treasurer and Council President for allowing the Township Board to meet with the Finance Committee prior to the regular budget meeting. Mary Eckard, Clay Township Board Member, also thanked the Clerk-Treasurer and Council President for allowing the Township Board to meet with the Finance Committee. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Snyder explained the Finance Committee and the budget process. Councilor Carter stated he was concerned about construction on Hazel Dell Parkway that was making the bike paths difficult to use. He asked the City to limit curb cuts on Hazel Dell. The mayor explained the City was taking steps to have the developers repair the construction cuts. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $206,392.34, $15,675.40, $331,460.29, $1,282.47 and $867,985.07. Councilor Walker seconded. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Battreall asked if the Cable Television Advisory Committee still existed. The mayor stated that it did and that there was a meeting scheduled later this month. OLD BUSINESS: Mayor Brainard announced Ordinance C-198, annexation of 17.96 acres at the noahwest corner of 126th Street and Hazel Dell Parkway (The Overture). Councilor Battreall and Steve Van Soelen of the Estridge Development Company discussed the number of curb cuts this development would require. Ordinance C-198 was approved 6-0. Mayor Brainard announced Ordinance Z-334, an amendment to provisions of the Carmel Clay Zoning Ordinance relating to the US 31 Overlay Zone. Councilors discussed amendments to Ordinance Z-335. Clerk-Treasurer Cordray pointed out the council was discussing Ordinance Z-335, not Z-334. Dave Cremeans, president of the Carmel Clay Plan Commission, stated that a typographical error in the ordinance had been corrected. Councilors discussed whether Z-334 had been tabled at the previous meeting. Councilor Carter cited the minutes stating it had not been tabled. Ordinance Z-334 was approved 5-0. Councilor Walker abstained. Councilors discussed whether to table 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 Battreall moved to table the ordinance. Councilor Carter seconded and stated it was not a bad idea to table the ordinance so some of the issues could be resolved. The motion to table failed 2-4. Councilors Battreall and Carter voted AYE. Councilors Kirby, Koven, Snyder and Walker voted NO. Councilor Kirby stated he was pleased with some of the projects being submitted under the Residential Open Space Ordinance (ROSO). He explained that plan commission made the recommendation to allow P.U.D.'s only in the Meridian Corridor and eastern Clay Township in order to allay fears of residents in Clay West. He stated that if citizens had concerns with allowing P.U.D. 's in eastern Clay Township, someone needed to let the plan commission know. Councilor Snyder verified with Mr. Cremeans that the intent of this ordinance was to permit P.U.D.'s in the commercial corridor, and to have large developments in Clay West approved under the ROSO. Mr. Cremeans stated the plan commission was going to have an executive meeting to discuss the ROSO. Councilors discussed the Open Door Law with Mr. Cremeans. Ordinance Z-335 was approved 5-1. Councilor Battreall voted no. Mayor Brainard announced 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). Ordinance D-1413-99 was approved 6-0. PUBLIC HEARING: Mayor Brainard announced Ordinance Z-336, an ordinance rezoning 4.382 acres near the Northwest Corner of Keystone Avenue and Carmel Drive from B-8 to B-3. Councilor Snyder stated she had signed a conflict of interest statement because she was a realtor and had had this property listed for several years. She stated she could not participate in discussion on the ordinance, nor could she vote on it. Councilor Kirby moved to introduce the ordinance. Councilor Koven seconded. Councilor Snyder left the room. Philip A. Nicely of Bose McKinney and Evans presented information about the rezone request to the council. He described the property, talked about the proposed developer, Skinner & Broadbent, and showed the council the site plan for the mini-warehouse facility. He stated the developers had located the proposed buildings in such a way as to accommodate the proposed loop road the City hoped to build. Mr. Nicely explained his client had conducted a market study showing a need for this type of facility in this location. Mayor Brainard opened the public hearing at 7:59 p.m. Gordon Byers, attorney for Equicor Development, Inc., stated the plan commission had sent this rezone request forward with no recommendation. He asked the council to vote against "downzoning" this parcel of land. He explained that if this mini-warehouse development was approved, tenants in Equicor's four- story office building would look down into the facility. Mr. Byers stated this unappealing view would have a negative impact on his client. Mr. Byers also stated that Equicor was prepared to buy the site, dedicate right of way for the proposed loop road and put in more office space. He asked the council to leave the public hearing open until the next meeting. Mayor Brainard asked for a motion to keep the public hearing open until the next meeting. Councilor Carter moved to do so. Councilor Walker seconded. The motion was approved 5-0. Councilor Snyder was out of the room. The public hearing was carried over to the next meeting. Councilor Carter asked if Mr. Nicely or a representative from Skinner & Broadbent had spoken with the owner of Mohawk Apartments. Mr. Nicely stated he had not heard from the apartment owner, but that the self-storage areas would be a benefit, not a distraction. Councilors discussed the proposed loop road and the proposed warehouse project. Councilor Carter stated the whole area around and including this parcel was planned poorly and the City would be better off to start all over. Mr. Nicely stated the facility would include 576 storage units totaling 70,000 square feet. Councilor Battreall discussed parking and U-Haul loading/unloading with David Cheslyn from Skinner & Broadbent. Mr. Cheslyn explained the facility would be sharing a parking lot with the office buildings, and would only need about three spaces. He stated a manager would be on duty 24 hours a day to ensure that patrons loaded and unloaded moving trucks promptly that they stayed no longer than necessary. Councilor Koven, Mr. Nicely and Mayor Brainard discussed the proposed loop road. Councilor Koven asked if the block wall surrounding the facility could be painted on all sides, not just the front. Mr. Nicely stated the colors could be matched and reminded the council the facility would be heavily landscaped. Councilor Koven also stated he was concerned with a sentence in the Commitments Concerning the Development Use of the Real Estate that stated the parcel would be developed "substantially consistent" with the plans. Mr. Nicely explained that this wording was used to accommodate small variations, such as planting a tree two feet from where it was listed on the plan. He stated Skinner & Broadbent were committed to doing all they said they would do. Jamie Browning, vice president of Development for Browning Investments, stated he owned this property and wanted to make sure the council wasn't going to vote against this project because of a road that may never be built. He stated he believed this would be a good project for the property. Mr. Byers stated he had an offer in hand to buy the property from Mr. Browning and assured the land would be developed as office buildings regardless of whether the loop road was built. Councilor Kirby stated there had been plenty of time during the plan commission hearings for this type of remonstrance, and that this was the first time opposition by neighboring land owners had occurred. He stated he believed this was a good development for the property. Councilor Battreall stated he did not think mini-warehouse units were a proper use for this land. He stated he had received calls from several business owners on Carmel Drive in opposition to the development. Ordinance Z-336 was carried over to the next meeting. NEW BUSINESS: Councilor Walker moved to introduce Ordinance D-1414-99, an ordinance enacting and adopting a supplement to the Carmel City Code. Councilor Battreall seconded. Ordinance D-1414-99 was carried over to the next meeting. Councilor Kirby moved to approve Resolution CC-06-07-99-01, resolution approving payment of construction costs for Hazel Dell Parkway ($627,040.54). Councilor Koven seconded. Councilors discussed when the project would be complete. Councilor Carter stated he was displeased with the County' s choice of stop lights for its portion of the parkway. Councilors discussed the bike paths along the road. Resolution CC-06-07-99-01 was approved 6-0. Mayor Brainard stated at 8:56 p.m. that the meeting would be adjourned after signing documents. Respectfully submitted, Clerk-Treasurer Diana L. Cordray, IAMC Approved, Attest: Mayor James Brainard Clerk-Treasurer Diana L. Cordray, IAMC