SEPTEMBER 9, 2014 The Common Council of the City of Noblesville met in regular session on Tuesday, September 9, 2014. Mayor John Ditslear called the meeting to order pursuant to public notice with the following members present: Rick L. Taylor, Roy Johnson, Mark Boice, Stephen C. Wood, Brian Ayer, Jeff Zeckel and Gregory P. O Connor. Also present were Clerk-Treasurer Janet Jaros, City Attorney Michael Howard, department directors, members of the media, and interested citizens. APPROVAL OF MINUTES: AUGUST 26, 2014 SPECIAL MEETING Mr. Zeckel moved to approve the minutes as submitted, second Mr. Johnson, six aye and one abstention. Mr. O Connor abstained due to being absent from the meeting. APPROVAL OF MINUTES: AUGUST 26, 2014 Mr. Taylor moved to approve the minutes as submitted, second Mr. Johnson, six aye and one abstention. Mr. O Connor abstained due to being absent from the meeting. APPROVAL OF MINUTES: SEPTEMBER 2, 2014 JOINT SESSION WITH NOBLESVILLE SCHOOL BOARD Mr. Wood moved to approve the minutes as submitted, second Mr. Taylor, six aye and one abstention. Mr. Johnson abstained due to being absent from the meeting. APPROVAL OF AGENDA Mr. O Connor moved to take Ordinances #03-01-14, #04-01-14, #05-01-14, #14-03-14, #15-03- 14, and Miscellaneous item Development Agreement for Forty Acres at the Northwest Corner of 141 st Street and S.R. 37 off the table and to approve the agenda as amended, second Mr. Ayer, seven aye. PETITIONS OR COMMENTS BY CITIZENS WHO ARE PRESENT There was one petition to speak. Mr. Mike Childers, 8694 Sommerwood Drive, asked to speak on behalf of Noblesville Masonic Lodge #57. Mr. Childers cordially invited the Mayor and Council members to the opening of a time capsule in celebration of the 100 year anniversary of the laying of the cornerstone of the current lodge building. The time capsule will be opened on Saturday, September 27, 2014 at 10:00 a.m. The chairman of the committee sponsoring the opening is William Sinclair, a Master Mason and 1968 Eagle Scout. The Noblesville lodge received its charter from the Indiana Grand Lodge in 1847, forty years before the City of Noblesville was incorporated. Mr. Childers provided a handout detailing the five previous lodge locations. The lodge hopes to provide a memorable celebration for the lodge itself and the City as well. In the past two years, the Noblesville lodge has given two $1,000 scholarships to Noblesville High School students. The lodge also sponsors the Lucky Teter Rebel Run at Forest Park, which contributes to the Angel Fund. Thousands of dollars in glasses have been provided to children in the Noblesville area. Mr. Zeckel asked if a new capsule would be put in place to be opened in another hundred years. Mr. Childers replied yes, it will be. The planning committee is discussing what should go in the time capsule. The lodge is also selling bricks to help maintain the lodge. This is open to everyone, not just masons. It will benefit the City as well as the lodge. MAYOR S REPORT TO COUNCIL Mayor Ditslear attended the Noblesville Chamber of Commerce luncheon on August 27 th. The new president of the Chamber, Bob Dubois, spoke. He is very energetic and cooperative. He wants to work together for the benefit of the City. Mayor Ditslear also attended the joint session of the Council and Noblesville School Board on September 2 nd. It was a good meeting. On
SEPTEMBER 9, 2014, PAGE II September 4 th, Mayor Ditslear attended a meeting concerning the Green Rapid Transit Line Vehicle at Fishers Town Hall. The line would run from downtown Indianapolis to Noblesville. The type of vehicle to use is being discussed. The difference in cost between rail and bus is diminishing, but it is still being evaluated. Mayor Ditslear presented a check from the Mayor s charity ball to Friends of Central Pool, as well as the Noblesville Youth Assistance Program and the Noblesville Firefighters Christmas Food and Toy Drive. The venue for the ball was well received. The 911 Executive Board is meeting as needed. Almost all the radios will be switched to Motorola. The transition is taking longer than anticipated. There is a project underway for the Southwest Quadrant. There have been two meetings already for residents and interested citizens. The third and last meeting will be Thursday at The Gathering, which is the dark historic building just south of Industrial Dielectrics on 8 th Street. Thursday is September 11 th, which we need to remember and can never forget. Josh Kaufman, The Voice winner, will be performing at the High School on September 11 th and 14 th. There is a Parks Department double feature movie this Saturday at Forest Park. They will show Frozen and Now You See Me. This weekend will be very big in Noblesville. The White River Celebration includes the river clean up in the morning, the Duck Race, Nickel Plate Arts on Logan Street and on the bridge. It should be a great event. Mr. Boice mentioned that the Miller Palooza is also this weekend. Mr. Ayer noted the Noblesville Elementary Football League will draw a raffle Saturday. In honor of Dale Snelling, his widow Suzanne has donated a 1949 Willy s Jeepster as the raffle prize. Dale was a good friend of all of us and a former City Councilman. COUNCIL COMMITTEE REPORTS Mr. Taylor had two reports to present. The Planning Committee is working on studies to revitalize the Southwest Quadrant. Next is trail connectivity. Mayor Ditslear, Mr. Hendricks, Mrs. Johnson, Mr. Bennett, and Mrs. Langley have met to discuss existing trail connection priorities, the circumstances behind them and potential costs. The analysis will go into a report to help prioritize trail connection projects and grant requests for 2015. The ARB is working on a rules and procedures update which will come before the Council for adoption. They have not been updated in years. The Streets and Roads Committee met September 5 th. The Carrigan Road/Hague Road roundabout will be bid in March, with construction planned for the summer of 2015. The 196 th Street/Hague Road roundabout street lights have been installed. The landscaping contract was awarded at the Board of Works meeting this morning. It should be completed by November 1 st. Offers to acquire property for the Midland Trace Trail will go out next summer to keep that project moving forward. The Carrigan Road Trail project has been completed. There will be a public meeting on September 17 th at 6:30 p.m. at City Hall regarding the proposed south 10 th Street roundabout. A road impact fee ordinance will come before the Council early in 2015. Downtown parking will be studied by the committee and Chief Jowitt. There have been negative comments about Downtown parking the last few weeks. Mr. Taylor stated everyone should wait for the study and ask the right questions. Everyone wants to support Downtown and do the right thing. Mr. Zeckel attended the Parks Board meeting on September 2 nd. The new salt barn will be completed and loaded with salt in January. The bridge repair at Fox Prairie Golf Course should be completed by the end of October. August was one of the worst months ever for the golf courses. No one is sure exactly why. Alternatives to bring in more business are being considered, such as foot golf. Anyone who plays golf needs to go out and support the golf courses. APPROVAL OF CLAIMS Mr. O Connor moved to approve the claims, second Mr. Taylor, seven aye.
SEPTEMBER 9, 2014, PAGE III PREVIOUSLY DISCUSSED ORDINANCES #26-06-14 COUNCIL TO CONSIDER CONFIRMATION OF APPROVAL OF ORDINANCE #26-06-14, AS AMENDED; PREVIOUSLY APPROVED ON JULY 15, 2014 (CHRISTY LANGLEY) Mrs. Langley stated this request is a result of convoluted Indiana state statute. The original development was rejected by the Plan Commission on June 16, 2014. On July 15, the Council reversed that decision and approved the ordinance. Under state statute, the proposed development then had to return to the Plan Commission to confirm the Council s vote. They chose not to confirm and again recommended against the development. Now the Council must confirm their original vote within 45 days of the Commission s action. Nothing has changed in the ordinance. Mr. Zeckel asked if this is basically procedural. Mrs. Langley replied yes, it is. Mr. Zeckel moved to confirm the Council s earlier vote, second Mr. Taylor. The following roll call vote was recorded for Ordinance #26-06-14: AYE: Jeff Zeckel, Rick L. Taylor, Roy Johnson, and Gregory P. O Connor. NAY: Brian Ayer, Stephen C. Four aye, motion carries. #34-08-14 COUNCIL TO CONSIDER ORDINANCE #34-08-14, AN ORDINANCE ANNEXING 1335 CICERO ROAD (ANDY WERT) Mr. Wert stated this is a sewer connection that actually took place last year. The annexation is voluntary. This property is adjacent to Forest Park. The following roll call vote was recorded for Ordinance #34-08-14: #35-08-14 COUNCIL TO CONSIDER ORDINANCE#35-08-14, AN ORDINANCE ANNEXING 2222 SHERIDAN ROAD (ANDY WERT) Mr. Wert stated this ordinance concerns two homes owned by Life Church Assembly of God. They are tax-paying parcels and will continue to be. The church intends to sell them. No sewer connection is requested at this time, although it may be requested in the future and is available. The following roll call vote was recorded for Ordinance #35-08-14: #36-08-14 COUNCIL TO CONSIDER ORDINANCE #36-08-14, AN ORDINANCE ANNEXING 234 PASADENA ROAD (ANDY WERT) Mr. Wert stated this is the other parcel owned by Life Church Assembly of God. There is a prepurchase agreement and short-term lease in place until the annexation is effective and the plat is recorded. Then the house can be sold. The following roll call vote was recorded for Ordinance #36-08-14:
SEPTEMBER 9, 2014, PAGE IV #37-08-14 COUNCIL TO CONSIDER ORDINANCE #37-08-14, TEXT AMENDMENTS TO ARTICLE 2 DEFINITIONS, ARTICLE 8 ZONING DISTRICTS REGARDING THE WEST GATEWAY PLANNED DEVELOPMENT DISTRICT, ARTICLE 11 SIGNS, AND APPENDIX A FEES, CHARGES, AND EXPENSES (CHRISTY LANGLEY) Mrs. Langley stated nothing has changed since the first reading of the ordinance. Mr. O Connor stated he believes some language regarding electronic signage with changeable copy should be removed. Taking into account the pedestrian nature of the district, it would be best if someone wanting a sign of this type came before the Council for a public hearing on a case-by-case basis to determine if it would be appropriate. Mr. Zeckel asked exactly what type of sign this concerns. Mr. Boice replied it is like the sign at City Hall. Mrs. Langley stated most applicants want a bigger sign than is allowed, so they have to come before the Council anyway. Mr. Boice asked if this would affect Riverview Health. Mrs. Langley said no, since they have their own planned development ordinance. Mrs. Langley stated there is also a scrivener s error in the ordinance: the word enclosure is used when it should be enclosed. Mr. O Connor moved to amend Ordinance #37-08-14 striking the two sentences concerning electronic signs and correcting the scrivener s error, second Mr. Ayer, seven aye. The following roll call vote was recorded for Ordinance #37-08-14: #38-08-14 COUNCIL TO CONSIDER ORDINANCE #38-08-14, AN ORDINANCE CONCERNING A CHANGE OF ZONING FROM SR SUBURBAN LOW DENSITY RESIDENTIAL TO SR/PD FOR THE ST. THEODORE GUERIN CATHOLIC HIGH SCHOOL PLANNED DEVELOPMENT, INCLUDING THE ADOPTION OF A PRELIMINARY DEVELOPMENT PLAN AND PLANNED DEVELOPMENT ORDINANCE FOR APPROXIMATELY 63 ACRES LOCATED AT 15300 GRAY ROAD (CHRISTY LANGLEY) Mrs. Langley stated this ordinance is the facility master plan for Guerin High School. There have been no changes since the first reading. The following roll call vote was recorded for Ordinance #38-08-14: #39-08-14 COUNCIL TO CONSIDER ORDINANCE #39-08-14, AN ORDINANCE CONCERNING A CHANGE OF ZONING FROM FH FLOOD HAZARD TO I2 INDUSTRIAL FOR PROPERTY LOCATED AT 1401 PLEASANT STREET (CHRISTY LANGLEY) Mrs. Langley stated nothing has changed since the first reading. There was a discussion concerning Right-of-Way that may be needed for future expansion of Pleasant Street, and whether it would be best to include it in the ordinance before it is passed. Mr. Howard stated if the City would like to claim more Right-of-Way, it should be in a development agreement before the ordinance is passed. Mr. Wood moved to continue Ordinance #39-08-14 to the next meeting, second Mr. Ayer, seven aye.
SEPTEMBER 9, 2014, PAGE V #03-01-14 COUNCIL TO CONSIDER ORDINANCE #03-01-14, A CHANGE OF ZONING FROM R1 LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO R5 MULTI-FAMILY RESIDENTIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 2605 WESTFIELD ROAD (CHRISTY LANGLEY) Mr. O Connor moved to withdraw Ordinance #03-01-14, second Mr. Wood, seven aye. #04-01-14 COUNCIL TO CONSIDER ORDINANCE #04-01-14, A CHANGE OF ZONING FROM PB PLANNED BUSINESS ZONING DISTRICT TO R5 MULTI-FAMILY RESIDENTIAL ZONING DISTRICT FOR APPROXIMATELY 9 ACRES LOCATED SOUTH OF WESTFIELD ROAD AND EAST OF HAZEL DELL PARKWAY (CHRISTY LANGLEY) Mr. O Connor moved to withdraw Ordinance #04-01-14, second Mr. Wood, seven aye. #05-01-14 COUNCIL TO CONSIDER ORDINANCE #05-01-14, A CHANGE OF ZONING FROM R5 MULTI-FAMILY RESIDENTIAL ZONING DISTRICT FOR APPROXIMATELY 14 ACRES TO R5/PD MULTI-FAMILY RESIDENTIAL PLANNED DEVELOPMENT AND AMENDMENT TO AN EXISTING PRELIMINARY DEVELOPMENT PLAN KNOWN AS THE SHOPS AT THE DELL FOR THE REMAINING APPROXIMATELY 11 ACRES AS THE PB/PD PLANNED BUSINESS PLANNED DEVELOPMENT AND THE ADOPTION OF THE UPDATED DEVELOPMENT STANDARDS FOR THE OVERALL 25 ACRES TO R5- PB/PD MULTI-FAMILY PLANNED BUSINESS PLANNED DEVELOPMENT LOCATED SOUTH OF WESTFIELD ROAD AND EAST OF HAZEL DELL PARKWAY (CHRISTY LANGLEY) Mr. O Connor moved to withdraw Ordinance #05-01-14, second Mr. Wood, seven aye. #14-03-14 COUNCIL TO CONSIDER ORDINANCE #14-03-14, AN ORDINANCE CONCERNING A CHANGE OF ZONING FROM I1 LIGHT INDUSTRIAL TO PB PLANNED BUSINESS FOR APPROXIMATELY 41 ACRES LOCATED NORTH OF 141 ST STREET AND WEST OF S.R. 37 (CHRISTY LANGLEY) Mr. Johnson moved to table Ordinance #14-03-14, second Mr. O Connor, four aye, three nay. #15-03-14 COUNCIL TO CONSIDER ORDINANCE #15-03-14, AN ORDINANCE CONCERNING A CHANGE OF ZONING FROM PB PLANNED BUSINESS TO PB/PD PLANNED BUSINESS/PLANNED DEVELOPMENT AND THE ADOPTION OF A PRELIMINARY DEVELOPMENT PLAN AND ORDINANCE REGULATING THE OVERAL L DEVELOPMENT, WAIVERS AND CONDITIONS FOR APPROXIMATELY 41 ACRES LOCATED NORTH OF 141 ST STREET AND WEST OF S.R. 37 TO BE KNOWN AS ED MARTIN POINTE PLANNED DEVELOPMENT (CHRISTY LANGLEY) Mr. Johnson moved to table Ordinance #15-03-14, second Mr. O Connor, four aye, three nay.
SEPTEMBER 9, 2014, PAGE VI NEW ORDINANCES FOR DISCUSSION #40-09-14 COUNCIL TO CONSIDER ORDINANCE #40-09-14, AN ORDINANCE CONCERNING THE VACATION OF CERTAIN RIGHT-OF-WAY EAST OF 16 TH STREET BETWEEN WAYNE AND HARRISON STREETS (JOHN BEERY) Mr. Johnson moved to introduce Ordinance #40-09-14, second Mr. Ayer. Mr. Beery stated the Ordinance is a cleanup item for the Ivy Tech parking lot. When Wayne Street was platted, it was not built in the Right-of-Way. This will correct the error. It is a simple transfer and has been advertised according to statute. PUBLIC HEARING FOR ORDINANCE #40-09-14 Mr. Boice opened the public hearing. Mr. Ayer moved to close the public hearing, second Mr. Wood, seven aye. #41-09-14 COUNCIL TO CONSIDER ORDINANCE #41-09-14, AN ORDINANCE AMENDING THE TRAFFIC SCHEDULE IN CHAPTER 78 OF THE CODE OF ORDINANCES OF THE, INDIANA (JOHN BEERY) Mr. Johnson moved to introduce Ordinance #41-09-14, second Mr. Wood. Mr. Beery stated this Ordinance is a cleanup that was prompted by the Ivy Tech project. Speed limits will be amended to 20 mph on the 800-900 block of Washington Street; to 25 mph on 16 th Street from Conner Street to Monument Street, removing the school zone; to 20 mph from 7:30 a.m. to 4:30 p.m. when children are present on 16 th Street from Monument to Field Drive; and to 45 mph on Mill Creek Road from S.R. 32 to 171 st Street. Parking will be prohibited at the entrance to Morse Pointe subdivision where there is landscaping. The last item is Schedule VI, prohibiting a left turn from 6 th Street onto Conner. Mr. Boice mentioned that the changes recently made restricting daytime parking on South Harbour Drive have totally resolved the problems there. Mr. Boice commended Mr. Beery for a great job with that issue. MISCELLANEOUS #1 COUNCIL TO CONSIDER A DEVELOPMENT AGREEMENT FOR FORTY ACRES AT THE NORTHWEST CORNER OF 141 ST STREET AND S.R. 37 (MICHAEL HOWARD) Mr. Johnson moved to table Miscellaneous item #1, second Mr. O Connor, four aye, three nay. COUNCIL COMMENTS Mayor Ditslear stated the problem at the Boys and Girls Club with the bus stopping on Conner Street has been solved by locking the front doors. The parents were not happy at first, but now they are dropping off their kids in the designated area off Conner Street, which is much safer.
SEPTEMBER 9, 2014, PAGE VII ADJOURNMENT There being no further business before the Common Council this 9 th day of September, 2014, Mr. Boice moved to adjourn the meeting, second Mr. Ayer, seven aye. JOHN DITSLEAR, MAYOR ATTEST: JANET S. JAROS, CLERK-TREASURER