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HomeMy WebLinkAboutCCM-11-05-79MINUTES OF THE CITY COUNCIL MEETING NOVEMBER 5, 1979 The regular meeting of the City Council was called to order at 7:30 p.m. by President Pro-Tem Coots, who presided in the absence of the Mayor, who arrived at 8:45 p.m. All Council members, Clerk-Treasurer and City Attorney were present. Councilwoman Doane gave the invocation, Councilman Coots led the Pledge of Allegiance. Councilman Garretson moved to approve the minutes of the last meetings, Councilman Meacham seconded it and it passed unanimously. Old Business : Agenda Item #1: Report From Committee Chairmen: Councilman Swift stated a budget committee meeting was set for November 14, 7:30 p.m. New Business : Agenda Item #2: Sub-Division Control and Zoning Ordinances: Councilman Coots stated the Plan Commission had it's meeting held in October, and by it's resolution, passed the proposed sub-division control and zoning ordinsnces in their present form with recommendation for passage to the City Council. Councilman Coots stated that since the passage of the resolution, Ann Chapman, City Planner, has come across three items as listed in the memorandum as attached to the minutes. A discussion regarding the recommendations was held. Some concern by members of the Council was expressed regarding her recommendation #2 regarding setback requirements. Ms. Chapman explained she was mainly concerned with being consistent. Councilman Coots asked that the record show the ordinances as being introduced with a request from the Council that the Plan Commission consider the amendments presented in the memorandum prepared by Ann Chapman. Agenda Item #1. E D C Inducement Resolution: Anacomp: Councilman Coots read proposed Resolution giving the Council's approval for Anacomp to proceed with steps necessary for economic development financing for relocation of its corporate headquarters to the Fidelity building in Carmel, Indiana , said economic development facilities to be building improvements and equipment acquisitions. Mr. William Fletcher, representing Anacomp, was present and explained the project. Mr. Ted Johnson, member of the E D C was present and stated the E D C members had spent quite a lot of time in reviewing the project before giving their approval. Gouncilwoman Doane moved to approve the resolution, Councilman Meacham seconded it and it passed unanimously. Agenda Item #3: Increase on Sewer Rate Discussion : Mr. Jeff Laslie, representing McCollough & Associates, appeared before the council and presented the latest revised figures on the proposed sewer rate increase. Councilman Garretson moved to hold a public hearing on the proposed ordinance on November 19th, if that is adequate time for publication, Councilman Swift seconded it and it passed unanimously. Meeting was recessed at 8:45 p.m. Meeting was re-convened at 8:50 p.m. by Mayor Pickett. Agenda Item #4: Apartment Condominium Ordinance: A discussion was held regarding the proposed ordinance regulating procedures regarding conversion of residential apartments to condominiums. City Attorney stated there is already a large body of law dealing with notices and landlord-tenant relationship. In the condominium conversions, there are people who are already under a contractual responsibility and whoever is renting Page 2 11/5/79 is a given kind of tenant and the notice requirements for each kind of tenant differs and is set by statue. Mr. Knowles stated the ordinance attempts to impose upon that body of existing law different notice requirements and it concerned him that that could be in contravention of state statue and thus nullify the ordinance, however, the law does not address itselfito condominium conversions other than the horizontal property act so it could be argued that the notice requirements imposed by the statue we are considering doesn't alter any existing notification requirements, it just imposes new notification requirements on an entirely new body of law. Councilwoman Reiman stated she had asked that this item be put on the agenda because of her concern mainly for the senior citizens and the disabled being displaced. Councilman Garretson suggested the Councilmembers look into the details of the ordinance further before the next meeting. Ordinance was shown as being introduced. Agenda Item #5: Transfer Funds Ordinance: Mayor Pickett read proposed Ordinance #B- 153 transferring funds within the MVH, Police, Fire and Building Commission Budgets. Councilman Garretson moved to adopt proposed ordinance, Councilman Meacham seconded it and it passed unanimously. Councilman Garretson moved to suspend the rules, Councilman Swift seoonded it and it passed unanimously. Motion to adopt passed unanimously. Agenda Item #6: Ordinance Prohibiting Parking at three Locations: Mayor Pickett read proposed ordinance D-229 prohibiting parking at 3rd St. S.W., 2nd Ave. S.W., and 1st Ave. N.E. Councilman Garretson moved to adopt proposed ordinance, Councilwoman Doane seconded it. Councilman Garretson moved to suspend the rules, Councilwoman Doane seconded it and it passed unanimously. Motion to adopt passed unanimously. There being no further business, the meeting was adjourned at 9:30 p.m. Approved: Attest TO: Mayor Pickett ~ 5-79 FROM: Ann Chapman, City Planner SUBJECT: Proposed Zoning and Subdivision Ordinances The proposed zoning and subdivision ordinances, which will be reviewed by the City Council tonight, still contain a few problems which should be straightened out as soon as possible. 1. The proposed zoning ordinance includes six zone districtsA(R-4, R- 5, B-4, B-6, B-7 and I-2) which must be served totally or partially by community facilities (water, sewer, storm sewer) before being developed. These particular zone districts would provide Carmel and Clay Township with higher density residential land use and large- scale industrial and commercial uses. These are the types of uses which provide a stronger tax base while lessening the cost of services. Unfortunately, the sewerage system in Carmel and the township is presently unable to support additional loads, and capacity will not be increased for at least 2 - 7 years. Therefore, it would be in the best interests of the city to allow for alternative methods of handling sewage disposal. The alternatives could be reviewed by either the Plan Commission, B.Z.A., the Technica]i Advisory Committee or the City staff with approval granted only with the provision that city facilities would be utilized when they became available. 2. The Entrance Corridor districts, EC-1 and EC-2, will be changed to B-5 and B-6, respectively. Uses will remain the same, and a special exception will not be mandatory for all uses. A problem arises when setback requirements are examined, however. The current ordinance requires a setback of 120 feet for both EC districts, with no front parking. The front yard must be landscaped. The proposed ordinance provides only a 60 foot setback in the B-6 district, and a setback of 15 feet in the B-5 district. Parking is allowed in the front yard. I feel that the citizens of Carmel are concerned with the aesthetics of the U S. 31 corridor, and I feel we should provide consistent regulations along this corridor which will protect the area without instilling any hardship to developers. One alternative would be to develop an Entrance Corridor Overlay Zone (similar to the Flood Plan Districts) which would border the limited access highways. This zone could provide for a 60 foot setback, with a 25 foot landscaped buffer next to the highway. 3. Tom Schellenberger, from the Soil Conservation Service, has requested that easements for legal drains be shown on preliminary plots. This requirement could easily be added to Section 5.2.4.