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HomeMy WebLinkAbout04-09-2012 SpecialOffice of the Clerk Treasurer of Carmel CO MON COUNCIL SPECIAL MEETING AGENDA MONDAY, APRIL 9, 2012 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. March 19, 2012 Regular Meeting b. March 29, 2012 Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. DISCUSSION WITH HAMILTON COUNTY COMMISSIONERS a. Crooked Stick Drainage b. 911 Service Agreement 7 COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS 8. ACTION ON MAYORAL VETOES 9. CLAIMS THERE ARE NONE a. Payroll b. General Claims c. Retirement 10. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2414 1 11. OLD BUSINESS a. Third Reading of Ordinance D- 2083 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Section 2 -303 (Encumbrances), Establishing Limitations on Encumbrances for Capital Fund Projects; Sponsor: Councilor Sharp. Returned to the Finance, Administration and Rules Committee (4/19/12). b. Second Reading of Ordinance D- 2084 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Division II, Adding 2 -8(c) (Redevelopment Commission) of the Carmel City Code; Sponsor(s): Councilor(s) Rider, Seidensticker, Sharp, Schleif and Snyder. Sent to the Finance, Administration and Rules Committee (4/19/12). c. Fifth Reading of Ordinance Z- 554 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning Properties along the Northern Portion of the Monon Greenway, Between 146 Street and 1st Street NW from the R -1 /Residential, R -2 /Residence, R- 4/Residence, P -1 /Park and Recreation, and PUD/Planned Unit Development District Classifications to the following: R -1 /Residence within the Monon Greenway Overlay, R -2 /Residence within the Monon Greenway Overlay, R -4 /Residence within the Monon Greenway Overlay, P -1 /Park and Recreation within the Monon Greenway Overlay, and PUD/Planned Unit Development within the Monon Greenway Overlay District Classifications; Sponsor: Councilor Rider. d. Fifth Reading of Ordinance Z- 555 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Development Standards of the Monon Greenway Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor Rider. 12. PUBLIC HEARINGS 13. NEW BUSINESS a. First Reading of Ordinance D- 2085 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 6, Article 4, Section 6 -63, to Prohibit Certain Vehicles on Sidewalks and Multi -Use Paths; Sponsor: Councilor Carter. 14. OTHER BUSINESS City Council Appointment Carmel Cable and Telecommunication Commission (Term Expires 3/31/14, two year term); one appointment Cannel Historic Preservation Commission; Mayoral Appointments subject to the approval of the Carmel City Council 15. ANNOUNCEMENTS 16. EXECUTION OF DOCUMENTS 17. ADJOURNMENT 04/09/12 CC Special Meeting Agenda 2 COMMON COUNCIL SPECIAL MEETING MINUTES MONDAY, APRIL 9, 2012 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members, Carol Schleif, W. Eric Seidensticker, Sue Finkam, Ronald E. Carter, Kevin D. Rider, Clerk- Treasurer Diana L. Cordray and Deputy Clerk Treasurer Lois Fine. Councilor Snyder was not in attendance. Mayor Brainard called the meeting to order at 6:01 p.m. Mayor Brainard let the Pledge of Allegiance. Councilor Seidensticker pronounced the Invocation. 1 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve minutes from the March 19, 2012 Regular Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 6 -0. Councilor Seidensticker made a motion to approve minutes form the March 29, 2012 Special Meeting. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 5 -0 (Councilor Carter abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: The following individuals addressed the Council regarding the Carmel grain elevator demolition; Ron Kern, Kiel Kinnamon and Holly Anderson (representing Club Canine). The following individuals addressed the Council regarding the Crooked Stick Drainage: Dwight Lile (representing the Constitutional Patriots), Mike Shaver, Fred Yde (representing NOAX) and Rick Hall, Crooked Stick resident. 1 DISCUSSION WITH HAMILTON COUNTY COMMISSIONERS: Crooked Stick Drainage. County Commissioner, Steve Holt, presented a slide presentation for the Commissioners. There was extensive discussion. Additional discussion between the Council and Commissioners is anticipated. The second discussion was the Communication Center (911 Service Agreement). Council President Sharp called a recess at 9:07 p.m. Council President Sharp reconvened the meeting at 9:13 p.m. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS: There were none. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Clerk Treasurer Diana L. Cordray asked that the Council lift from the Table a claim in the amount of $4,290 for Irwin Computing. The requests of the vendor have been satisfied. There was no Council discussion. Councilor Rider made a motion to lift this item from the Table. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. The motion was approved 6 -0. Council President Sharp called for the question to approve the claim in the amount of $4,290. There was no Council discussion. The claim was approved 6 -0. COMMITTEE REPORTS: Council President Sharp reported that the Finance, Administration and Rules Committee had not met. The next meeting will be held on Thursday, April 19, 2012 at 5:30 p.m. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee met and discussed Ordinance Z- 554 -12 and Ordinance Z- 555 -12. The committee report will be given when the item appears on the agenda. Council President Sharp reported that the Parks, Recreation and Arts Committee had not met. Councilor Rider reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Council President Sharp announced the Third Reading of Ordinance D- 2083 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Section 2 -303 (Encumbrances), Establishing Limitations on Encumbrances for Capital Fund Projects; Sponsor: Councilor Sharp. Returned to the Finance, Administration and Rules Committee (4/19/12). This item was not discussed. 2 Council President Sharp announced the Second Reading of Ordinance D- 2084 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Division II, Adding 2 -8(c) (Redevelopment Commission) of the Carmel City Code; Sponsor(s): Councilor(s) Rider, Seidensticker, Sharp, Schleif and Snyder. Sent to the Finance, Administration and Rules Committee (4/19/12). This item was not discussed. Council President Sharp announced the Fifth Reading of Ordinance Z- 554 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning Properties along the Northern Portion of the Monon Greenway, Between 146 Street and 1 Street NW from the R -1 /Residential, R -2 /Residence, R -4 /Residence, P- 1/Park and Recreation, and PUD/Planned Unit Development District Classifications to the following: R -1 /Residence within the Monon Greenway Overlay, R -2 /Residence within the Monon Greenway Overlay, R -4 /Residence within the Monon Greenway Overlay, P -1 /Park and Recreation within the Monon Greenway Overlay, and PUD/Planned Unit Development within the Monon Greenway Overlay District Classifications. Councilor Seidensticker presented the Land Use, Annexation and Economic Development Committee report to the Council and presented Ordinance Z- 554 -12 As Amended, VERSION A, 4/9/12 to the Council for discussion. There was no Council discussion. Councilor Seidensticker made a motion to amend Ordinance Z- 554 -12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance Z- 554 -12 was approved 6 -0. Councilor Seidensticker made a motion to approve Ordinance Z- 554 -12, As Amended. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z- 554 -12, As Amended was adopted 6 -0. Council President Sharp announced the Fifth Reading of Ordinance Z- 555 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Development Standards of the Monon Greenway Overlay Zone in the Carmel Zoning Ordinance. Councilor Seidensticker presented the Land Use, Annexation and Economic Development Committee report to the Council and presented Ordinance Z- 555 -12 As Amended, VERSION A, 4/9/12 to the Council for discussion. There was no Council discussion. Councilor Seidensticker made a motion to amend Ordinance Z- 555 -12. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to awned Ordinance Z- 555 -12 was approved 6 -0. Councilor Seidensticker made a motion to approve Ordinance Z- 555 -12, As Amended. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z- 555 -12, As Amended was adopted 6 -0. PUBLIC HEARINGS There were none. NEW BUSINESS Council President Sharp announced the First Reading of Ordinance D- 2085 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Cannel City Code Chapter 6, Article 4, Section 6 -63, to Prohibit Certain Vehicles on Sidewalks and Multi -Use Paths. Councilor Seidensticker made a motion to move this item into business. Councilor Finkam seconded. Councilor Carter presented this item to the Council. There was brief Council discussion. Council President Sharp referred Ordinance D- 2085 -12 to the Utilities, Transportation and Public Safety Committee for further review and consideration. 3 Council President Sharp referred to Ashley Ulbricht, Assistant City Attorney, to introduce herself to the Council. OTHER BUSINESS ATTEST: City Council Appointment 1. Carmel Cable and Telecommunication Commission (Term Expires 3/31/14, two year term); one appointment. This item remains Tabled. 2 Cannel Historic Preservation Commission. Councilor Rider made a motion to confine the following Mayoral appointments to the Carmel Historic Preservation Commission: Voting Members Bill Sanders Curt Butcher Becky Feigh Carol Schleif Luci Snyder Jennifer Hershberger Justin Moffett Advisory Members 1 year 1 year 1 year 2 years 2 years 3 years 3 years (nonvoting) Nick Davis Roll McLaughlin Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to confirm appointments was approved 6 -0. ANNOUNCEMENTS Mayor Brainard informed the Council of the Illinois Street project progress. Bids for the project will be opened at the April 18, 2012 Board of Public Works meeting. EXECUTION OF DOCUMENTS ADJOURNMENT Respectfully submitted, Diana L. Cordray, IAMC, Clerk -Trea rer 04/09/12 CC Special Meeting Minutes Clerk- Treasurer Diana L. Cordray, Appr r 4 es Brainard, Mayor AMC 09APR12 Address to The Carmel City Council in joint meeting with The Hamilton County Commissioners My name is Dwight Lile. I represent myself and The Constitutional Patriots, a conservative Political Action Committee. First, please accept my thanks for your willingness to hear public input on the important topics of land use, land title and public policy. Encouraging the electorate to participate in this process is essential to good government but it complicates the difficult leadership role that each of you occupies. Your effort to sustain our Republican form of government is deeply appreciated. With hope for an answer that honored our Constitution, last Friday I asked a judge to tell me what the first priority was in his court room. To my disappointment, he began speaking of the details of hearing a case...about how his ruling might be influenced by circumstances. What never crossed his mind was the demand of the people and the Constitution for justice the goal of the law was lost in a multitude of details. Perhaps what has happened in the Crooked Stick Drainage CA-eMeL CTT`I COu1JeAL 1' k 11'2... Project is also an example of losing sight of justice in a sea of details. The facts are thus: 1) The Hamilton County Drainage Board has unilaterally approved a project within Carmel city limits. 2) The Drainage Board has not selected the best engineering approach according to the county surveyor. 3) The City of Carmel has declined to participate in the project because of the following subset of facts: A. the project does not conform to the NOAX settlement agreement plan B. the project does not conform to the master drainage C. the project does not conform to ordinance D- 1969 -09 D. the project is the subject of ongoing litigation 4) Not all the citizens affected by the project were given timely opportunity to comment on the proposed changes. Article 1, Section 1 of Indiana's Constitution states: "We declare that all people are created equal; that they are endowed by their CREATOR with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness (property)." However, one of our citizens has been treated by government authorities in a manner inconsistent with protections afforded all citizens in as much as we are all equal under the law. Based on testimony of the county surveyor before the Hamilton County Drainage Board that I witnessed on 08AUG11, there are other alternatives that would have the effect of creating a more equitable approach that would localize drainage improvements on the properties that are currently experiencing difficulties. If the project is pursued as planned, it appears to me, after personally walking over Mr. Hall's property, that he will be made to suffer, while his neighbors are enriched by the county at the expense of other taxpayers. GOVERNMENT SHOULD NOT APPOINT WINNERS AND LOSERS. It should be the guardian of equity among citizens who rely on good government. President John Adams said this about property rights: "the moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is no force of law and public justice to protect it, anarchy and tyranny commence We believe that citizen Rick Hall's property rights have been treated as smaller and Tess significant than those of his neighbors. Government's obligation to citizens is, as the preamble to Indiana's Constitution states: "TO THE END, that justice be established (by government)." Treating one citizen as if his rights are subordinate to other citizens is no way to establish justice. We are therefore asking that the City of Carmel make a vigorous defense of Rick Hall's rights as a citizen, including if necessary, participation in support of his legal action against the Hamilton County Drainage Board. Respectfully Submitted Dwight Lile At issue for us from the beginning has been the impossibly short notice we've been given on the demolition, and the fact that there is no valid reason the elevator must be taken down at this time, as there are no plans approved for the area at this point in time. Nancy Heck (Director of Community Relations, city of Carmel), Matt Worthley (Carmel Redevelopment Commission operations manager), and Rodney Bertram of Casey- Bertram (the demolition company) came to Club Canine to speak with us just 21 hours after we received notice of the impending demolition, which we appreciated very much. But this is where it became incredibly clear that detailed clarification on our part is needed to explain 1.) exactly how demolition activity in such close proximity would jeopardize the safety of dogs in our daily care, from a canine behavior perspective, which is our area of expertise and 2.) why this is much more than an issue of reassuring our clients that they can still bring their dogs to our facility because the demolition will be handled very well. 'The demolition will be done in a way that will have the least impact on the business... The demolition company has extensive experience in taking down buildings without causing problems for nearby businesses. Nancy Heck, quote ran within the WISH -TV segment on Club Canine, 4/4/12 This quote sums up what the CRC and the mayor are focusing on, which is a valid point. We stated to Mr. Bertram in our meeting that we have no doubt that his company will do an excellent job and trust every word of what he conveyed to us about the safety precautions they take on every job. We appreciate very much Mr. Bertram taking the time and patience to explain many of the procedures to us. We appreciate Ms. Heck and Mr. Worthley taking the time, as well, to reach out and speak with us personally to try and come to some resolution on the issue; and we stated that clearly to them several times. We have also in no way, shape, or form twisted their words, badmouthed them, or written anything behind their backs regarding that hour -long meeting. 1 CAf.mEL Cx 7`l CauNC/L_ X) 911 401kt 11 er.SOr As I stated above, an understanding by those in decision making positions still clearly do not have a grasp on: 1.) exactly how demolition activity in such close proximity would jeopardize the safety of dogs in our daily care,from a canine behavior perspective, which is our area of expertise; and 2.) why this is much more than an issue of reassuring our clients that they can still bring their dogs to our facility because the demolition will be handled very well. Our priority here at Club Canine is first and foremost the safety of the dogs in our care. We are a behaviorally- focused daycare that is owned and operated by a canine behavioral specialist with nearly 20 years of experience. Our clients bring their dogs here because we know what we are doing when it comes to canine behavior. It is why we are able to have 30 45 dogs in an off -leash environment daily. Everyone on our staff is well- trained and no one is even allowed to be alone in the playroom with a group of dogs without 4 -6 weeks of training, minimum. Aside from the health risk aspects from demolition debris and matter, which are incredibly important and concerning; the major aspect of this that we cannot seem to get through to so many is the BEHAVIORAL aspect, which is a much more acute issue every hour of every day here at our facility. And no, I am not going to focus here on the emotional impact that will make a dog unhappy. I am talking about the very, very real danger in continuing to gather a large group of dogs off -leash which is the foundation of our business when they are faced with undue stress, which can change their behavior in an instant. The example that I have used several times recently and think can most closely be understood by the average person who has not been trained extensively in canine behavior is a dog facing a thunderstorm. If you have ever been around a dog who is afraid of storms, you have seen a dog whose personality completely changes in the blink of an eye. The most docile dog in daily life can become like a wild animal in the face of something like a storm that they are frightened of. They become "a different dog." In an off -leash atmosphere, we must closely control the environment to the best of our trained ability while still allowing the dogs to be dogs; and we must be on top of any and all behavior that may cause those in the group to act or REACT in ways that will cause an altercation, which can turn deadly in an instant. Again, take the dog whose personality and behavior in a matter of minutes flips instantly to that of like a caged animal in the face of a storm. Take that kind of erratic behavior change due to the rumbling of trucks, tons of unfamiliar vehicles, workers, dust, voices, and whatever else that is unfamiliar and stressful to them just outside their "territory" and multiply it even by only a THIRD of the dogs in our playroom and outdoor yard all day for even a few days, let alone the time it will take from the first day to the last of demolition and clearing of the area (we are told about a month) and you have a recipe for disaster every minute of every day. That kind of unpredictable behavior in a group of dogs the size that we have here every day becomes a dangerous, risky, potentially deadly environment for the dogs and the staff. We would not be providing the environment that our clients pay for and have come to rely on at Club Canine. We could not, in good faith, tell them that we have complete control over the risk and guarantee their pets' safety because we KNOW the impact of even subtle things on a dog's behavior and reactions. This experience and expertise is exactly why our clients trust us with their dogs. THIS is the issue that so many do not comprehend when we talk about maintaining operations. We are not merely "the dog boarders" Mayor Brainard condescendingly referred to us as in several instances. We are Club Canine, which is an off -leash dog daycare run by a canine behavior specialist providing a safe, fun, behaviorally sound environment. When we are unable to provide that sound, safe environment for our clients and their dogs, which is what they pay us for, there is no business. We are not willing to put the dogs we love and care for on a daily basis at risk to continue to collect money to stay in business, nor will most of our clients be willing to put their own dogs at risk if we even tried to tell them it is perfectly safe. Perception is reality and when they see what is going on steps from our facility, they will make their own judgments. Our clients are not going to continue to bring their dogs into an environment of known heightened risk, and we can't, in good conscience, expect them to. Just like a children's daycare could never contact all of the parents whose children attend on a daily basis with a memo and put a sign on the front door stating, "For the next two -three weeks, your children may be at increased risk for experiencing bruising, screaming matches, bullying, scratching, biting, and general heightened stress and anxiety due to renovations going on next door that are out of our control." And yes, that is a valid comparison because we are talking about a group of people who are willing to spend the money on their dogs for them to attend daycare. The reasons each of them has for doing so is completely irrelevant; the point is, they DO. And our livelihood is providing that service for them. I openly admit that when we met with Ms. Heck, Mr. Worthley, and Mr. Bertram, the conversation got heated several times, as is to be expected when parties on opposite sides of a situation are vehemently defending their position. However, after speaking with Mr. Bertram, we stated several times that we do not doubt in any way the quality of the job his company does when taking down a structure. We told him that, of course, we would pass on any and all information he would provide for our clients. I even stated that he was free to come to Club Canine and speak directly with each client as they come and go to address their concerns if they didn't feel we would fully disclose the extent to which Mr. Bertram's company took measures to ensure job site safety where they are working. I told him that I fully trust that he knows his business. We do not know the first thing about demolition of a building and all it entails; and likewise, the people of the Carmel Redevelopment Commission, Casey- Bertram, and the mayor himself have very little understanding of our area of expertise canine behavior. This is our area of expertise and what we work with every single day. What we are asking is the same respect in return trusting that what we are saying is valid, true, and matters. We are merely a small business trying to stay in business; and hopefully I have been successful in explaining more clearly the behavioral impact of such close demolition.