HomeMy WebLinkAboutCCM-10-18-76MINUTES 0~ THE
~ITY COUNCIL MEETING
October 18, 1976
The regula~ meeting was called to order at 7:30 PM by Mayor Pickett, who
~oS.ided. All members were present. City ittorney~ and ~Clerk~Treas.~ were present
Councilman Reiman gave the invoeation. Mayor Pickett led the pledge of
allegiance.
Councilman Meacham moved to dispense with the reading of the minutes and approve
them as received with the correction of changing the next to last sentence in
the first paragraph on Page 2 to read, "Councilmen Reiman, Dean and Garretson
votingnay" instead of "Councilman Reiman, Maacham and Garretson voting nay".
Councilman Doane seconded the motion and it passed ~uanimously.
STOP SIGN ORDINANCE ~B-101: Councilm~u Garretson moved for adoption of proposed
Ordinance ~B-lO1 entitled "An ordinance amendi~ Ordinance D-T1 which ordinance
is entitled "Ordinance establishi~ locations of stop and yield signs at inter-
sections within the Town of Cazmel, Indiana," which was introduced at last
meeting. Councilm~n Coots seconded it and it passed unauimously.
TRANS~'~RFUNDS ORDINANCE ~B-100: Councilman Meacham moved for adoption of
proposed Ordinance #B-100 entitled "An ordinance transferring funds within the
Poliee and MVH budgets for the p~m~pose of allocati~ expenditures to their
proper accounts," which was introduced at last meeting. Councilman S~ift
seconded the motion and it passed unanimously.
SCHUTZ & THOMPSON: PROPOSED RE-ZONE 126th & EEYSTO~: Mr. Ken Thompson and his
attorney, Doug Church, appeared before the Council to request a re-zone of
R-2 to B-3 on a tract of ground slightly more than l~ acres at 126th and Keystone,
~outheast corner. Mr. Church displayed a topographical map showir~ proposed
d~welopment, "a neighborhood convenience center" consisting of five buildings.
Planned use of the buildings included a bauk and a supermarket. Mr. Church
pointed out the corner area would be left as a buffer strip and stated they wo~id
agree to whatever limitations the City would desire as to keeping the area as a
buffer. Plan Commission recommended this proposed re-zone be denied. Councilman
Coots read report of sub-committee listing the reasons why they recommended denial
of the re-zone application: (1) The volume of traffic generated on 126th St.
and High Drive was such that it was greater than that volume contemplated at the
time those areas were developed and sold to the residents who remonstrated against
the petition. (2) The proximity of the facility to existi~ houses was such as to
effect those property values. (3) The existance of lighting at night and at times
other than what would normally be attuned to residential use. Councilman Reiman
stated she thought there was no .one at the meetings who were for the development.
Councilman C~rretson read other reasons brought forth that were in opposition
to proposed re-zone application From a list prepared by land use and zoning
committee. (1) Proposed grocery store is 37,000 sq. ft. present Marsh store, at
Keystone Square is 26,000 sq. ft. So large as to attract outlyio~ areas thus
adding to the traffic flow. (2) There are other commercial sites available for
such a project. (3) Two commercial centers too close to each other - Keystone
Square and this proposed center. (~) This proposal changes the character of the
area which is residential. (~ Convenience center would necessitate the need for
a five way traffic light at High Drive and 126th St, too close to the traffic light
at 126th and Keystone . (6) Traffic would increase appreciably along Rolling
Springs Drive north of ll6th St., along Carmel Drive, along High Drive, as traffic
from southern areas, Woodland Springs, Woodland Green, Eden Glen, Eden Forest,
Page 2
10/18/76
Woodlands~ Keystone Woods as people come through residential streets to the
proposed shopping center, increasing traffic through residential streets,
creati~ uneafe~and hazardous conditions. (7) Petitioner knew the moning of
the property when he p~zrchased it and the permitted uses of the property.
(8) The ~ket and traffic analysis presented by the petitioner was not
~greed upon by many present at the meeting. Mayor Pickett asked for any
response from the people present, and the following people responded:
Felix Mundt, 611 Mohawk Court; "I have been one of the people coming up here
for fou~ years objecti~ to this proposed re-zone at this location,as a matter
of principal. There is another proposed shopping center at Gray Road and 126th St.
and Carmel is rapidly becomi~ spotted with little shopping centers."
Herb Kant, 819 Hickory Drive; "I live west of Keystone and the traffic is
tremendous now. If the shoppi~ center goes in it will be horrendous."
Ronald Reimer, 12 Horseshoe Lanes "It seems to me that the Eonimg and Plan
Commission would've know~n a long time ~go what kind of growth they wanted and
it was not spot zoning. There are commercial areas set aside for this type
development and I can't see any reason to spot zone and I feel it is detrimental
to the commuuity, traffic flows and to our homes."
Felix Mundt; "The ~ounsel for Mr. Thompson referred to taxes'the shopping center
would pay-creating additional revenue. I do~t think there are many people in
Cool Creek who are complaining about taxes or needing tax relief. We're willing
to pay the taxes, therefore I think we have a right to say we don't want or we
don't need that shoppim~ cmnter."
Mrs. Leonard McVent, 1215 Fairbanks; "A lot of people are watching what is
happeni~here in Carmel and you people a~e elec~edte represent the people and
the people do not want this shopping center."
Proposed ordinance re-zoni~ the area was read by the Mayor. Councilman Ga~retson
moved to suspend the rmles and act on the ordinance tonight, CouucilmanMeachem
seconded it and it passed unanimously. Councilman Swift moved for adoption of
proposed re-zone ordinance as read, CouncilmanRe~m~u seconded it and it failed
0-7. All Councilmembers votim~ nay. City Attorney suggested the Councilmembers
s~ate their reasons for voting nay for the record. Garr~teon: "For the ~easons
outlined in the sub-committee report. People b~y homes with the understanding
the master plan in effect will hold. There are times because of unforeseen
circumstances that plan should be altered but there should be a consensus to that
alterati0~ and it appears clearly there is no consensus in favor of this alteration.
Meacham: "(1) Increased traffic flow in neighborhood (2) Shopping center in close
proximity to the Woodland Shopping Center." Doane: "(l~ It is a good plan but
this location is not the place for it. (2) traffic increase, school and people
who live in that vicinity." Coots: "For reasons stated in Plan Comm~esion report."
Dean: "Gives them a foot in the door. Don't think it is necessary to have the
shopping center at this time. Plan Co~ssion reviewed it throughly."
Reiman: "Changes the residential character of the neighborhood and contributes
to spot zoning." Swift: "Reasons cited by sub-committee."
.S~n~'±'z & THOMPSON RE-ZONE: l~6th & US ~1: Mayor Pickett read resolution from the
Plan Commission recommending approval of re-zoning 20 acres at 136th St. & US ~l
from R-1 to B-3. MayorPickett then read proposed re-zone Ordinance Z-150
rezoning the tract of land from R-1 to B-3. Mr. Doug C~urch, attorney for
Mr. Thompson presented a drawing of area to be re-zoned. Mr. Church explained
the B-~ catagory which they are seeki~ is a limited zoning catagory which would
require the application for a special exception prior to any development or
construction in that location. The site will be served by both water and sewers.
M~yor Pickett read minutes of the Plan Commission regard~ this proposal.
Mr. Thompson stated 75 EDU's were available for sewage use; however, development
would just have to wait until more service was ~vz£1able but that is not a factor
in re-zoning the area. He is not aski~ for a special exception. Councilman Coots
Page
stated the Plan Commission in its consideration and arriving at its recommendation
that this re-zone application be passed considered the timeliness with which
Mr. Thompson was comi~before the Council to seek this area re-zoned.
Traffic studies, surroundim~ values of real ~state, etc. were considered also
and it was felt in this instance that a business convenience in this area
would assist the State Highway Dept. taking action at Rangeline and US 31
and at Rohrer Rd. and US 51 which residents in Mt. Carmel expressed as a
bottleneck to them now. Those persons being more than one-half mile away
would be benefited by this proposed center. Councilman Reiman §tared there
was no remonstrator against this proposal. Councilman G~rretson moved to
suspend the rules and act on the ordinance tonight, Councilman Reiman
seconded it and it passed unanimously. CounCilman Coots moved to adopt
proposed Ordinance ~Z-150, Councilman Swift seconded it and it passed 5-2.
Councilman Doane and Meachamvotingn~y.
RE-CODIFICATION OF CITY ORDINANCES: M~yor Pickett stated he had sent a letter
to the State Planning Agency requesting a grant to re-codify the general city
ordinances as discussed at the last regular meeting of the Council. Mayor
PiCkett passed out copies of a letter he had received from Mr. Pantazis,
Executive Director of the agency denyi~ the request. They skated that
perhaps in the fiscal year starting July l, 1977, something might be available.
Mayor Pickett stated he could pursue other avenues for money if the Council
so desired. Councilman Swift stated he felt other avenues should be pursued.
He also suggested the Mayor look into the possiblity of microfilming some of
our records. Mayor Pickett to report on his findings at the next meeting.
HIGHWAY BEAUTIFICATION AiID TRAFFIC SIGNAL: Mayor Pickett passed out copies of
a letter from Richard A. Boehni~, Chairman-Indiana State Highway Commission
in response to the Mayor's request for funds for beautification along SR 431.
Mr. Boehning stated there were no funds available for such an endeavor. He
also stated that the suggested traffic sigmal at Carmel Drive and SR431 is
included in their current Traffic Division's program. Subject to project
costs for items in the program, it is the intent to advance the subject project
to construction in the current fiscal year-prior to July, 1977. Councilman
Swift asked if we could contact Public Service and ask them to install some
street lights even if we have to pay for them. Mayor Pickett stated he would
contact the Public Service and report back at next meeting.
TRANS~'~RFUNDS ORDINANCE ~B-102: Proposed ordinance, #B-102, tranNferring
funds within the Court, Building Commissioner and Mayor budgets was read by
Mayor Pickett. Councilman Garretson stated he apprecimted the procedure of
sending out explanations of the proposed transfers. Councilmen Dean asked why
the Court needed more money for the bailiff. The explanation sent out by the
Judge did not ge into detail. Mayor Pickett stated he would communicate with
the Judge to send out a ~etter explanation in the future. Councilman Meacham
moved to suspend the rules and act on the ordinance tonight, Councilm~u Coots
seconded it and it passed unanimously. Councilman Meacham moved to adopt
proposed Ordinance ~B-102, Councilman Doane seconded it and it passed unanimously.
ORDINANCE REGULATING TRUCK TRAITFIC: Proposed Ordinance #B-103 entitled, "An
ordinance reg~2ating truck traffic on certain public rights of way within the
City of Carmel, Indiana, and providing penalties for violation thereof and
repealing Ordinance #B-18 "was read by Councilman Swift. Mr. Kern stated the
proposed ordinance is a temporary ordinance that Fred Hohl wanted to keep heavy
truck traffic in new construction areas off certain streets. Councilman Coots
asked what was temporary about this ordinance. Mr. Hohl stated it was construction
type trucks that were taking short cuts through the residential streets and when
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10/18/76
the construction in that area was over there would no longer be a need for
such an ordinance. Councilman Reiman asked if he would take a look at
Brookshire P~rkway between 126th St. and 136th. She stated a number of
cement trucks traveled that road. Councilman Reiman asked if posting sig~s
could be done in lieu of the ordinance. M~yor Pickett stated an extensive
study would have to be done before we could post signs. Councilman
Garretson stated he was goi~ to object to suspending the rules to give
two weeks for review of the ordinance. Councilman Swift suggested checking
to see it was enforceable. Councilman Meacham asked if a distinction could
be made between construction trucks and other trucks. Ordinance was shown
as being introduced.
REPORT ON SP~;~: Councilman Doane stated she thought there was supposed to
be a study made on speed zones, etc. and presented to the Council for their
review. Mayor Pickett stated he would look into it.
There bei~no further business the meeting was adjourned at 9:20 PM.
P~S~i~d £n g 0f/icer
ATTEST:
P~gg~ f,6u~mfth
Clerk-Treasurer
Approved:
)Y~b~rt B. P=~cke%t
Mayor