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HomeMy WebLinkAboutCCM-07-19-99 CARMEL CITY COUNCIL MEETING AGENDA MONDAY, JULY 19, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 2. 3. 4. 6. 7. 8. 11. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. June 21, 1999, Regular Meeting b. July 6, 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 OLD BUSINESS a. Second Readinl~ Ordinance C-199/Annexation of the Harvey Property at 749 W. 136th St.; Steve A. Pittman, Pittman Partners, Inc., Ashbury Park *published in the Daily Ledger on dime 9, 1999 PUBLIC HEARING a. Third 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 in the Daily Ledger on May 2 7, 1999 First Readinl~ Ordinance Z-337/An Ordinance Rezoning 71 acres located near the intersection of East 96th Street and Westfield Blvd., and adjacent to 1-465 from S-2 to R- 4; James J. Nelson, Nelson & Frankenberger *published in the Daily Ledger on dime 22, 1999 12. 13. 14. 15. NEW BUSINESS a. First Readin~ Ordinance D-1415-99/An Ordinance Adopting Traffic Regulations for Carmel Clay Schools Property; Douglas C. Haney, City Attorney First Readinl~ Ordinance D-1416-99/An Ordinance Adopting City Noise Regulations; Mayor James Brainard c. Resolution CC-07-06-99-01/A Resolution Approving Payment of Construction Costs for Hazel Dell Parkway ($353,191.17); Kate Boyle-Weese, City Engineer d. Resolution CC-07-19-99-01/A Resolution Approving the Transfer of Funds from Various Departments to the Medical Escrow Fund; Diana L. Cordray, Clerk-Treasurer OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, JULY 19, 1999 -7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Council President Luci Snyder~ Councilors John Koven, Bob Battreall, Norm Rundie, Ron Carter and Billy Walker. Clerk-Treasurer Diana Cordray and Deputy Clerk Robin Butler also attended. Councilor Kevin Kirby arrived late. Mayor James Brainard was absent. Mayor Brainard called the meeting to order at 7:00 p.m. Councilor Walker pronounced the invocation. Council President Luci Snyder led the Pledge of Allegiance. APPROVAL OF MINUTES: Councilor Battreall moved to approve the minutes of the June 21, 1999, regular meeting and the July 6, 1999 Special Meeting. Councilor Walker seconded. The minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Dick Frost of 507 Stonehedge Dr. addressed the Council in favor of Ordinance D-1416-99. John Troth of 11229 Lake Shore Dr. West addressed the Council in opposition of Ordinance D-1416-99. Charles Harmon of 440 N. Rangeline Rd addressed the Council regarding amending Ordinance D-1416- 99 to include barking dogs. Don Benbow of 22 Albert Ct. addressed the Council on behalf of 8 people who were present from his neighborhood regarding the noise from the Library' s cooling system. Dr. Judy Edwards of 3373 Eden Hollow P1. and Vice-President of the Library Board addressed the residents regarding the action the Library Board is taking to remedy the noise situation. Ro Pettiner of 14420 Cherry Tree Rd. addressed the Council in favor of Ordinance D-1416-99. Councilor Battreall clarified that the Ordinance includes construction equipment. Carl Mills of 14090 Doubletree Lane and Chair of the Finance Committee of the Township Board addressed the Council regarding the Joinder Budgets. Mr. Mills said the Township Board still has questions about the budgets. He requested another meeting before a final decision is made about the joinder budgets. Council President Snyder stated that the Mayor will need to be consulted, as he is the only one who can call a special meeting. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Kirby commented on the Library Noise to Dr. Edwards and the Council. Councilor Carter addressed Ms. Pettiner regarding her location, which is outside City limits and therefore Ordinance D-1416-99 will not be enforceable where she lives. He also reinforced that the people affected by the library noise are experiencing real discomfort and thought the newspaper article minimized that fact. CLAIMS: Councilor Rundie moved to approve claims in the amounts of $375,000.65 and $383,579.61. Councilor Walker seconded. Claims were then approved 6-0. COMMITTEE REPORTS: No committee reports were given. OLD BUSINESS: Council President Snyder announced Ordinance C-199, annexation of the Harvey Property at 749 W. 136th St. Steve Pittman of Pittman Partners gave a brief summary of the ordinance. Councilor Kirby moved to approve the ordinance. Councilor Walker seconded. Ordinance C-199 was approved 7-0. PUBLIC HEARINGS: Council President Snyder 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. Council President Snyder left the meeting because of a conflict of interest with Ordinance Z-336 and turned the chair over to the Council Parliamentarian, Councilor Carter. Philip Nicely, offices at 8888 Keystone Crossing spoke representing The Skinner and Broadbent Company. Mr. Nicely addressed several questions posed by the Council at the previous reading of the Ordinance. Public Hearing was opened at 8:05 p.m. Gordon Byers, attorney for Equicor Development, Inc., spoke in opposition of Ordinance Z-336 and presented an alternate plan for the property of single story office buildings. The public hearing was closed at 8:07 p.m. Councilor Rundle requested City Engineer Kate Boyle-Weese come forward for questions. I-Ie asked Ms. Boyle to comment on the loop road with respect to the two proposals and solution of traffic problem with out construction of loop road. Ms. Boyle-Weese stated that the revised Skinner and Broadbent proposal is now better than their previous proposal. She stated that the proposal by Gordon Byers was a little more flexible and their proposal includes a dedication of right of way for the loop road. Ms. Boyle-Weese stated that her office is evaluating the entire loop road. She briefly presented several scenarios to help traffic flow issues in the area of East Carmel Drive and Keystone Way. Councilor Rundle asked if any consideration was given to the possibility of not only using available space, but also condemning property. Ms. Boyle-Weese answered affirmatively and stated they are looking into using available space first. She then stated that Cole Associates, the consultants for the loop road, are available for questions. David Hunter and Roy Carlsgaard from Cole and Associates addressed the Council with the progress of the study for a potential corridor for a loop road connection between Keystone Way and an alternate access to Carmel Dr. Councilor Walker requested clarification of who controls the land in question at this time. It was clarified that Skinner and Broadbent controls the land. Councilor Walker then stated that the Council should act on the rezone issue alone at this point and not "muddy the water." Councilors Kirby, Battreall, Rundle and Carter spoke in opposition of the proposed ordinance and loop road. Councilor Walker moved to approve Ordinance Z-336. Councilor Kirby seconded. Ordinance Z-336 was defeated by a vote of 2-4. Councilors Kirby and Walker voted aye. Councilors Koven, Battreall, Rundle and Carter voted nay. Council President Snyder abstained. Councilor Carter called a recess at 8:42 p.m. Council President Snyder called the meeting to order again at 8:52 p.m. Council President Snyder announced Ordinance Z-337, an ordinance rezoning 71 acres near the intersection of East 96th St. and Westfield Blvd. from S-2 to R-4. Jim Nelson, representing Gibralter Properties, Inc. and Harry Todd of Gibralter Properties, Inc. presented a brief description of the proposed development based upon adoption of Ordinance Z-337. Council President Snyder opened the Public Hearing at 9:05 p.m. and asked to hear from any citizens present who wished to speak in favor of the ordinance. Mark Varnal of 10202 Westfield Blvd. and Vice President of Grass Roots Coalition spoke in favor of the Ordinance. He read a letter from Alex Cole of 9658 Wild Cherry Lane which was written to the Plan Commission in favor of the ordinance. Pat Rice of 9659 Wild Cherry Lane spoke in favor of the ordinance. Vera Hinshaw resides on property that is adjacent to the land effected by this ordinance. She stated that she is opposed to living next to an apartment complex, but believes this proposal can work. She is against the proposed access to the Monon Trail in the complex. The Public Hearing was closed at 9:10 p.m. and was opened to Council Questions. Councilors Kirby, Carter and Walker spoke in favor of the project. Councilor Battreall asked Mr. Nelson questions regarding the recommendations made to developers about road development. Mr. Nelson explained the next step in the process of gaining approval for the development of this project if this rezoning ordinance is passed. Council President Snyder then stated this ordinance will be revisited at the next meeting for the second reading of the ordinance. NEW BUSINESS: Council President Snyder announced Ordinance D-1415-99, an ordinance adopting traffic regulations for Carmel Clay Schools property. Douglas C. Haney, City Attorney presented a summary of the ordinance. Councilor Walker stated he thought the ordinance should be included in new student handbooks. Councilor Kirby asked the Council to revisit the issue of students parking on City streets. He also asked if the school officers are held to the same standards as the other officers in the community. Mr. Haney stated that he would address this issue and come prepared with an answer at the next Council meeting. Council President Snyder stated that Ordinance D-1415-99 will be revisited at the next Council meeting. Council President Snyder announced Ordinance D- 1416-99, an ordinance adopting City noise regulations. Council President Snyder gave a short background of the ordinance. Councilor Battreall asked to have the ordinance read in its entirety. Councilor Kirby brought a point of order regarding introducing ordinances. He then moved to introduce and have read Ordinance D-1416-99. Councilor Battreall seconded. Mr. Haney read the ordinance in its entirety. Councilor Kirby asked if emergency equipment was exempt. Mr. Haney said it was covered under sub- section (b)(vi). Councilor Battreall stated that he spoke to the Deputy Chief at the Carmel Police Department regarding enforcement. Councilor Battreall stated that the Police Department is in favor of this ordinance. Councilor Battreall also stated that barking dogs are not covered in this ordinance and are not clearly covered under our animal ordinance either. There was discussion about amending sub-section (a) to include barking dogs. Council President Snyder asked to remove the words "designed or intended" from section (2) (a). She stated that it would cover more if it read that way. Councilor Koven asked to include a paragraph about limiting hours of collecting trash. Councilor Carter stated that he was concerned about noise from go-kart tracks. Mr. Haney recommended adding go-karts to sub-section (b)(ii). Mr. Haney stated he will draft amendments before the next meeting for the Council to review and chose any they wish to include. Council President Snyder stated this ordinance will be revisited at the next Council meeting. Councilor Kirby introduced Ordinance D-1415-99, an ordinance adopting traffic regulations for Carmel Clay schools property and waive the reading of the ordinance. Councilor Walker seconded. The reading was waived by a vote of 7-0. Councilor Kirby introduced first reading of Ordinance Z-337, an ordinance rezoning 71 acres located near the intersection of East 96th Street and Westfield Blvd., and adjacent to 1-465 from S-2 to R-4 and waive the reading of the ordinance and recommend it for second reading at the next Council meeting. Councilor Walker seconded. The reading was waived by a vote of 7-0 Councilor Kirby introduced Resolution CC-07-06-99-01, a resolution approving construction costs for Hazel Dell Parkway ($353,191.17). Councilor Walker seconded. Councilor Kirby moved to approve Resolution CC-07-06-99-01. Councilor Battreall seconded. The resolution was approved 7-0. Councilor Kirby moved to introduce and waive the reading of Resolution CC-07-19-99-01, a resolution approving the transfer of funds from various departments to the Medical Escrow Fund. Councilor Battreall seconded. Clerk-Treasurer Diana Cordray explained the resolution. Councilor Battreall moved to approve this resolution. Councilor Kirby seconded. The resolution was approved 7-0. OTHER BUSINESS: Councilor Kirby asked for the status of Hazel Dell Parkway from Cherry Tree Elementary School to 146th Street. There was Council discussion regarding the status of the construction on Hazel Dell Parkway. ANNOUNCEMENTS: The channel on which the Council meetings are broadcast live has changed from Cable Channel 54 to Cable Channel 8. A draft of a Common Council request form was passed out to the Council by Council President Snyder for their review. ADJOURNMENT: At 10:17 p.m. Councilor Rundle moved to adjourn after signing of the documents. Councilor Kirby seconded. The motion carried 7-0. Respectfully submitted, Clerk-Treasurer Diana L. Cordray, IAMC Approved, Attest: Mayor James Brainard Clerk-Treasurer Diana L. Cordray, IAMC