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HomeMy WebLinkAboutCCM-04-18-77 MINUTES OF THE CITY COUNILMEETING April 18, 1977 The regular meeting of the City Council was called to order at 7:32 PM byMayor Pickett, who presided. All members, Clerk-Treasurer and City Attorney were present. Councilman Reiman gave the invocation and Mayor Pickett led the pledge of allegiance. Councilman Coots moved to dispense with the reading of the minutes of the last regular meeting and approve them as received, Councilman Meacham seconded it and it passed unanimously. UTILITY B~/DGET AUTHORIZATION: Councilman Reiman asked if some authorization for McCullough & Associates was needed for them to begin the utility budget preparation. Mayor Pickett stated McCullough had been working on rates and bookkeeping system information and the Board of Public Works would authorize any additional work necessary and didn't foresee any problem by getting it put ~ogether by the proper time. ~T,AMY ORDINANCE ~D-11~: Councilman Reiman stated she had brought up overtime several times earlier in the year and had understood salary Ordinance ~D-113 authorizing the hiring of a new part-time employee was to eliminate that overtime but had understood the overtime was still continuing plus the new person was working full-time rather than part-time. Mayor Pickett stated she will work to the extent of time it takes to get the work done. There is a back-log of work. Mayor Pickett stated it was an executive function to determine how much work needs to be done. Councilman Reiman stated she thought so too, but it was also the Council's concern to know how much extra money is being spent. Mayor Pickett stated when it is determined that there is no need for more overtime he would be happy to stop it. Councilpersons Reiman and Dean asked 'if a fourthLperson was needed to stop the overtime. Mayor Pickett stated that would be determined in the future. ARTIST RENDERING - WATER STORAGE TANK: Mayor Pickett stated the artist rendering of the million gallon storage tank requested by the Board of Public Works was in the mail and should be in his office in the next day or two. LAYNE NORTM~,MN AND CLYDE E. WIT,T,IAMS WELL ~8 LIABILITY STATUS: Mayor Pickett said he had stated previously that when the present water improve,,,ent program got under- way and the various officials had time to get back on that subject, we would do so. Councilman Reiman asked how much we still owe the two companies. Clerk-Treasurer stated we still owed I~yne Northern approximately $15,000. Mr. Hohl stated the well did not apparently become a bad well until the contract work had been finished and therefore the majority of payments had been made prior to determining the well was not good. The amount owed ia the l~ retainage on the contract. WELL SITE: Councilman Swift asked if the new well ~9 site had been taken care of. Mayor Pickett stated it had not been because he did not have the legal papers back from Purdue yet. Councilman Reiman asked if we had appraisals and cost figures yet. Mayor Pickett stated it was appraised at $6,000 an acre. This was arranged by the Governor's office. Mayor Pickett stated he thought the appraisal was too high. Price was established by the three appraisers appointed by Bob Webb, one from Clay To~rnship--Roy Davis; one from Noblesville--Gary Mallory; and one from Arcadia -- Don Holt. The Governor's office will not intervene on the price. Councilman Garretson stated the only way the Governor's office could intervene is if it could be shown one of the appraisals was not made by a disinterested person and that could hold the whole Page 2 thing up. Councilman Swift asked if the four acres was across from Roy Davis,~property. M~yor Pickett stated it was about ½ mile east of there. Mayor Pickett stated he didn't feel there was any recourse. PUBLIC HEARING: MVH SPECIAL APPROPP~IATION: Mayor Pickett opened advertised public heari~ requesti~ special appropriation for $5,000 for street sig~s and $5,000 for removal and trimming of trees. There were no comments from the public. Councilman Meacham stated he drove around the City and saw 25-30 dead trees. Most on Rangeline Road and felt they should be removed for the safety factor. Mr. Hohl stated he would be happy to take any council member around to look at a particular tree before its removal. Mayor Pickett read proposed Ordinance #D-115 authorizing the appropriation of $5,000 from the MVH General Fund to the MVHBudget Fund for the purpose of removing and trimming trees. Councilman Garretson moved for adoption of proposed ordinance, Councilman Coots seconded it. Councilman Garretson moved to suspend the rales, Councilman Meach~m seconded it and it failed 5 ayes-2 nays. Councilma~ Swift and Reiman voti~ nay. Ordinance was shown as being introduced. Proposed Ordinance ~D-11~ authorizing the appropriation of $5,000 from the MVH General Fund to the MVH Budget Fund for the purpose of purchasing street signs was read by Mayor Pickett. There were no comments from the public. Co~uucilman Meachammoved for adoption of proposed Ordinance ~D-11~, Councilman G~rretson seconded it. Councilman Swift moved to suspend the rules and act on the ordinance tonight, Councilman Doane seconded it and it passed unanimously. Motion to adopt ordinance then passed unanimously. WOODLAND RE-ZONE: Mr. Bill Ernst, private developer, 2626 Somerset Way, appeared before the Council to request a re-zone from R-4 to B-3 for 6 acres located on ll6th St between Woodland Trace Apartments ~nd Keystone Square Shoppi~ Center. Mr. Ernst passed out a binder containing a site plan, land-use study, traffic study and retail m~rket analysis prepared on proposed project to go on the site to be re-zoned. Mr. Ernst s~mm~rized the report for the Council. Site plan included an aerial of the area, superimposed as to what the development looks like on the property in scale that was prepared by the architectual firm. Mr. Ernst proposes a Kroger food market and a pharmacy to be on area, as per site plan and renderi~ of the project. Mr. Ernst proposes sidewalks along ll6th Street, and landscape buffer zone. Mr. Ernst stated the land use study indicates the trend has been towards residential development thereby creating a demand for services and goods in our community. Mr. Ernst stated the center of gravity for shopping facilities has changed to the Keystone Square area by the development of ll6th St. and Keystone being a m~jor collecting throughfare today coupled with Keystone Ave. now a major artery, coupled with the fact 265 was built and we now have an interchange there. Mr. Ernst went over analysis of comparisons for the property arrivi~ at the conclusion commercial retail services was the best use. Mr. Ernst stated the traffic study indicates the impact of traffic would be only .O10 greater than it currently is now. Mr. Ernst stated approximate value of proposed buildings are $1,600,000.00. Councilman Dean asked if Mr. Ernst would pay for a stop and go light there. Mr. Ernst stated the traffic study indicated there would not be a need for one. Councilman Swift stated the study indicates this will be an addition~l facility in Carmel and asked if Kroger wauld keep their store located on West Main. Mr. Ernst stated he couldn't answer that. If it was closed it would probably be leased to another grocery. Councilman Coots Stated the reason for the Plan Commission voting this project down ll-1 was because of the history of this piece of real estate, over a ten year period of time, begiraui~ in 1966 when Keystone Square was re-zoned. This matter has come before the Plan Commission as late as 19?l and 1~7~ as a special exception. Councilman Reiman stated she had been informed by Mr. 0'Malia that they will be opening a new grocery store at ll6th and Ra~geline Road, August 1st. Page Mr. Doug Church, attorney for Mr. Ernst, appeared before the Council and reiterated items gone over by Mr. Ernst. Mr. Church stated the study indicates new net tax dollars would be greater for commercial development than multi-family housing. Meeting was recessed at 9 PM. Meeting was re-convend at 9:10 ~M. Comments from the public in regard to the Woodland Ee-zone were as follows: Susan McFall, 66 Woodland Drive: "I took a petition around the neighborhood and ~6 homeowners signed it stating they were against the project. They ~re basically the same ones who in 1966 tried to get a buffer zone against commercialism." They feel apartments are a better choice for the area than a grocery store. Barbara Nicholson, 1913 E. ll6th St.: "My home is one of the properties which will be across from the groce~r store. We purchased our home here based on the zoning laws in effect at that time and feel it will be a financial loss to us to allow commercial development into a residential area." Dr. Michael Schinitsky, ll Woodland Dr.~ "I was interested in hearing them give a presentation that Carmel is growing and an additional grocery is needed, but now that we hear that another 0'Malia's is comi~ in, that argument is dispensed with. Mr. Ernst states now that he knew of 0'M~lia's was going to be open but presented an argument for the need of another grocery. Also, someone bought the property for an investment and the investment hasn't worked out and so now the argument is the people of Carmel ought to be asked to pay for that investment and he was wondering if that same absurd logic was true, then when the properties in that area go down, then they possibly could be re-zoned for a gambli~ investment." Max Coleville, 1917 E. ll6th St.: "I am highly in favor of the project because I can't stand the thought of a brick wall to the north of me if they put more apartments up. We have to do something with that property, and I feel this project will enhance the community." Gloria 0dom, 302 Woodland Lame~ "We line the back, on a dead-end street and to turn left on to ll6th St. sometimes now takes 20 minutes. To increase that will be unbearable. I h~ve also heard Marsh is selling their store to Del-Farms and is building another in the Keystone area." Willis Coons, Attorney for Mr. Fineberg: "This property was originally sold for apartments. One argument tonight is that it should be re-zoned, another argument is a hardship variance argument. I t~-~-uk there is a legal question as to whether from the standpoint of the 1974 application before the zoning board, commission and this Council whether they really have established a change in circumstances that would support a re-application for zoning." Mr. Robert Campbell, 304 Woodland Lane: "I've lived here for 20 years. When we came there was a flasher light at ll6th St. Now there is a very expensive stop light. There is no doubt in my mind that when you add things that are successful there has to be more traffic. They have done a beautiful job of painting a picture but there is going to be a traffic hazard." Mayor Pickett then read proposed re-zone erdinance and the resolution from Plan Commission recommending the re-zone request be denied. Co~uucilman Coots moved for adoption of proposed ordinance, Councilman Beam seconded it. Ordinance was shown as being introduced and will be acted on at next meeting. Councilman Coots stated that for the benefit of the people oresent he would state his reason for being in favor of the re-zone, even though hl voted against it at the plan Commission meeting. Since his vote which was based on the history of the minutes of the Plan Commission minutes, the Plan Commission asked a representative from the Metropolitan Plam 4/18/77 Commission to come before the Commission to discuss Land Use Concepts, at which time the representative drove home the point that land use is something that constantly changes and that absent rolling with the development of a commLmity, your land use planning is of no value whatever, and based on the arguments we have been presented with, if we are to m~ke ~ use of experience, now is the appropriate time to make use of this real estate. Councilman Reiman stated she would get copies of minutes of Plan Commission meetings ~nd history of the a~ea to other councilmembers before the next meeting. She stated she also had a copy of the Topics recent issue stati~ apartment outlook was promising. TRAFFIC CONTROL 106th ST. AND LA~C2.~0RE DR. EAST: M~yor Pickett stated he had received a letter from Susan Malsin requesting a four-way stop sign at 106th St. and La~eshore Dr. East because of the safety hazard for the children in that area. Councilman G~rretson then read proposed Ordinance ~D-116 ~uthorizing a stop sign at that location. Co~ncilm~u Coots then moved for adoption of proposed ordinance, Councilman Doane seconded it. Cotuucilman Meacham moved to suspend the rules, Councilman Doane seconded it and it passed unanimously. Mr. Jenkins, President of the Police Commissioners, stated he felt a traffic study should be done there before action was taken. Mr. Hohl, City Engineer, stated he did not oppose the stop sign but didn't feel we really needed a stop sign there. Susan Malsin was present and reiterated her concern for the children. Councilman Swift stated he would like to urge caution in the future before we act on any ordinances. Councilman Ga~retson moved to table the item tu~til the police department's report on traffic is in, Councilman Dean seconded it and it passed 5 ayes, Councilman Coots voti~nay and Councilman Reiman abstaining. WATER FEE ORDINANCE: Dr. Paramore, President of the Carmel Chamber of Commerce, appeared before the Council and stated he was there to urge the Council to give sober reflection on all ordinances before acti~. He requested the Chamber be notified when a proposed ordinance setti~water tap on and connection fees was ready to be acted on. M~y0r Pickett stated he would contact them when he receives the information. CARMEL LAWSUITS: Councilman Reiman requested the status of all City of Carmel Lawsuits. Mayor Pickett read the City Attorney,s December, 1976 report and stated there had been no change on the 5 cases. Councilman Reiman asked M~yor Pickett to make a copy of the report for her~ FIRE DEPARTMENT TRAE~F~B: Councilman Carretson read proposed Ordinance ~B-110 transferring funds within the Fire Department budget to make available funds for a new transmission for one of the trucks. Councilman Garretson moved for adoption of proposed Ordinance ~B-110, Councilman Swift seconded it. Councilman G~rretson moved to suspend the rules, Councilman Coots seconded it and it passed unanimously. Motion for adoption then passed unanimously. NEWFIRE STATION: Councilman Swift asked Fire Chief Swails if any kind of plan was being prepared on a report ~o the Council on the need for a new fire station. Fire Chief Swails stated the insurance services bureau had indicated they felt Carmel should be contemplating building another fire station in the nea~ future. Councilman Garretson stated he felt there should be a plan in the works outlining density population, and giving a ratio of population to personnel, etc. Mayor Pickett stated he would get with the Fire Chief in the nea~ future and prepare a report. WESTFIELD & CARMEL: PLAN C0~S~ISSION REPORT: Councilman Coots stated he had attended the Westfield meeting last Tuesday to propose a compromise with ~estfield over the juris- dictional grey area settli~ on 156th St. basically as the boundary between the two zoning jurisdictions. Westfield took the position that their joinder petition from .... P~ge ~ Washington Township to the City of Westfield three years ~ge now suddenly became operative simply by them exercising that petition. Councilman Coots stated without a master plan annexation of Wilfong's area would not ensure Carmel zoning. Mr. Kern stated he, M~yor Pickett and Councilman Swift had been lookiD~ into the legalities of annexation and he felt as long as a plan for services was outlined, he didn't feel there is a problem. A proposed ~unexation ordinance would be presented possibly at the next meeting. Councilman Garretson suggested making the school aware of this proposed snnexation. CD-MULATIVE SEWER FU~-D: Mayor Pickett presented copies of proposed resolution establishing a levy ~'or a cumulative ~ewer drain fund. Item was tabled until next meeting. Clerk-Treasurer asked if she was to advertise for a public hearing before the Council acted on it. Mr. Kern stated no, it was passed first then advertised for a public hea~ing. There being no further business the meeting was adjourned at 10:50 PM. Peggy Lou ~mlth Clerk-Treasurer