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HomeMy WebLinkAboutCCM-11-17-80 MINUTES OF THE CITY COUNCIL MEETING NOVEMBER 17, 1980 The meeting of the City Council was called to order by Mayor Reiman at 7:30 P.M. on November 17, 1980 in City Hall. She then adjourned the meeting to Carmel Junior High School. Council members Shepherd, Fleming, McMullen, Garretson, Walker, Johnson and Kerr were present. Also present was City Attorney, Mike Howard and Clerk-Treasurer. Invocation was given by Mrs. Kerr followed by the Pledge of Allegiance. Mrs. Kerr made a motion to approve the minutes of November 3rd with the change of the word "favorable" to "favorably". Motion seconded by Mr. Walker and passed unanimously. Old Business Public Hearing - Ordinance Z-167 - Mayor Reiman opened the meetin~ for public hearing on the rezone of ten acres at the corner of 116th and Guilford from R-l to I-l. Attorney for the Petitioner, E. Davis Coots presented the Council with information, maps and site plan of a proposed Public Service facility to be built on the ten acres proposed for rezone. Terry Litvan, 1215 Fairbanks, member of the Plan Commission questioned Mr. Coots as to what was meant by paying for water and sewer mentioned in the proposal. Mr. Coots stated that normal availability and connection fees will be paid. Members of the public speaking against the rezone were Mr. Paul Oaks, 1310 Donnybrook, speaking for the South Central Homeowners, Sarah P. Bratton, 11535 Ralston (statement attached), Rollin Slagle, 11560 Ralston; Dave Hippensteel, 11409 Central Court, representing Northern Heights Homeownersj Judith Silverman, 1507 116th Street. These people spoke mainly to the problems of traffic and drainage. Ila Badner, 3039 Rolling Springs Drive, member of the Plan Commission stated she had researched the handling of Public Service rezones and found court cites that found in favor of the utility. Ray Adler, attorney for the Plan Commission stated there was a case in the Indiana Supreme Court to determine whether or not a public utility had the authority to build where it wants, despite the zoning. RichardHelmuth, 828 East 116th Street, stated there already was a problem with drainage and traffic at that intersection and stated he would donate easement across his property for a bicycle path which he feels is much needed. Moe Siverman, 1507 East 116th and Alvin Lamb, 1412 S. Guilford, also stated they were opposed to the rezone due to the already existing traffic problems. There being no one else wanting to speak before the Council, the public hearing was closed. Council members asked questions of Mr. Coots regarding petitioner's willinaness to help correct the traffic and drainage problems and if the facility would be used for bill collecting etc. Erik Spencer, PSI Carmel Manager stated the office would be used for maintenance, bill collections, and applications and that the office on Main Street would be closed. Mayor Reiman relinquished her chair to ask questions of the Petitioner. Vote was taken on Ordinance Z-167. Ordinance Z-167 was passed 5-2; Walker and McMullen voting nay. City Council Meeting November 17, 1980 Page Two Ordinance D-281 - Appropriation Ordinance for General Obligation Bond Vote was taken on Ordinance D-281 which passed 6-1; Mrs. Kerr voting nay. Ordinance B-173 - Transfer of Funds - MVH - Vote was taken on Ordinance B-173 which passed unanimously. Public Hearing - Ordinance Z-166 - Rezone of Lots # 10 and #11 in R.A. Franke's Subdivision from R-l to B-3. Meeting was opened for Public Hearing on Ordinance Z-166. Wilmer Goering, Attorney for Petitioner presented the Council with information and a map showing the proposed rezone. There being no one from the public wishing to address the Council, the public hearing was closed. Vote was taken on Ordinance Z-166 which passed unanimously. The meeting recessed at 9:25 and reconvened at 9:37 P.M. Ordinance D-282 - Revenue Sharinq Funds for Hamilton Centers - Mr. Garretson made a motion to table this Ordinance and asked the Clerk-Treasurer to write Mr. Holtkamp of Hamilton Centers asking him to come to the meeting of Dec.lst to let the Council know what others had done regarding Mr. Holtkamp's request for funds. Motion seconded by Mr. Johnson and passed unanimously. Cable TV Franchise - The Council discussed areas of problems with Mike Zimmer of Hamilton Cable TV. Mrs. Kerr made a motion that a committee be formed to study the problems. Motion was seconded by Mr. Johnson. Mr. Zimmer had recommended two committees be formedj 1) local access committee and 2) standing committee to serve as ongoing liasions between the City and Hamilton Cable TV. After discussion, Mr. Garretson suggested the Committee be made up of someone from Hamilton Cable TV, an appointment by the Mayor, one by the Chamber of Commerce, one by the Library, one by the school and two by the Council. Vote was taken and the motion passed unanimously. Mr. Walker asked if the Board of Public Works should proceed with negotiations with Hamilton Cable TV on the lease of property for an earth receiver disk. The Board was given the okay to proceed. New Business EDC - It was stated that the members of the EDC had been here earlier but due to the length of prior business, had left. Mr. Garretson made a motion to table this item to go on the December 1st agenda as the first item of business under old business. Motion seconded by Mr. Johnson and passed unanimously. EDC Resolution - Coots, Henke, Wheeler - Mr. Johnson made a motion to introduce Resolution 1-11-17-80. Motion seconded by Mr. Fleming and passed unanimously. E.Davis Coots presented the Council with information and architectual renderings of their proposed facility. After discussion, Mr. Johnson made a motion to dispense with the reading of the Resolution. Motion seconded by Mr. Fleming and passed unanimously. Vote was taken on Resolution 1-11-17-80 which passed 6-0-1; Garretson abstainina. EDC Resolution - Kirby - Mr. Johnson made a motion to introduce Resolution 2 ~ 17-80 and dispense with the reading. Motion seconded by Mr. Walker. John Kirby presented the Council with information and renderings of his facility. After discussion, vote was taken on Resolution 2 ~ 17-90 which passed unanimously. City Council Meeting November 17, 1980 Page Three Transfer of Funds - City Court - Mr. Garretson made a motion to introduce Ordinance B-176 and dispense with the reading. Motion seconded by Mrs. Kerr. Mr. Garretson made a motion to suspend the rules and act upon Ordinance B-176 this evening. Motion seconded by Mr. Walker and passed unanimously. Vote was taken on Ordinance B-176 which passed unanimously. Transfer of Funds - Board of Public Works - Mr. Walker made a motion to introduce Oridnance B-177 and dispense with the reading. Motion seconded by Mr. Johnson. Mr. Garretson made a motion to suspend the rules and act on Ordinance B-177 tonight. Motion seconded by Mr. Johnson and passed unanimously. Vote was taken on Ordinance B-177 which passed unanimously. Transfer of Funds - Fire De p artment - Mr. Walker made a motion to introduce Ordinance B-178 and dispense with the reading. Motion seconded by Mr. Johnson. Mr. Walker made a motion to suspend the rules and act upon Ordinance B- 178 tonight. Motion seconded by Mr. Garretson and passed unanimously. Vote was taken on Ordinance B-178 which passed unanimously. Transfer of Funds - Plan Commission - Mr. Walker made a motion to introduce Ordinance B-179 and dispense with the reading. Mr. Garretson seconded the motion. Mayor Reiman thanked Mrs. Kerr for the transfer to purchase the sound equipment. Mr. Garretson asked Mrs. Kerr if the sound equipment would be available to all City Departments. Mrs. Kerr said of course. Mr. Garretson made a motion to suspend the rules and act on Ordinance B-179 tonight. Motion seconded by Mrs. McMullen and passed unanimously. Vote was taken on Ordinance B-179 which passed unanimously. Announcements - Mr. Garretson stated he, Mr. Walker and Mr. Fleming had been working on the utilities budgets and that these budgets had not been treated like the civil budgets. He stated in the past the transfers had been made without Council approval. Mr. Garretson asked the City Attorney if the Council had the authority to budget the utilities and hold them to the line items subject to transfers and additional appropriations approved by Council. Mr. Howard stated the Council could do this by Ordinance. Mr. Walker stated he felt the Council should have an announcement made over the PTA at the high school commending them for their outstanding sports program this fall. Mr. Garretson stated that in the past a Resolution had been passed by the Council for such matters. The Council requested the Clerk Treasurer prepare a resoltuion for the next meetina. There being no further business to come before the meeting, the same was duly adjourned at 11:25 P.M. APPROVED: ATTEST: I would like to state personally as a resident of Clay Twp. and Stock holder in Public Service Indianan that I believe that Public Service Indiana may be acting unethically in using it's unique and seemingly unlimited power to buy 30 acres of residential land when they have repeatedly stated that they plan to use only 10 of these acres. I believe that they inted to sell the 20 unused acres with an industrial or commercial zoning because of their use of a known developer, Milton J. FIneberg to present the original petition to the Plan Commission and by Section 4.b. of the Covenants attached to the petition which refers to the rezoning of the 20 acres. I believe that regardless of the zoning classificaiton on the 10 acres Public Service Indiana intends to use, they hope to bring about a zoning change on the unneeded 20 acres by the very existence of their service center and outdoor storage areas. It should also ve noted that Public Service Indiana already owns over 5 acres in Gradle Industrial Park. I would encourage the council members to reflect on the fact that if they vote in favor of this petition, they may be voting in favor of a public utility's involvement in land speculation to the detriment of an existing residential area.