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HomeMy WebLinkAboutCCM-12-06-82 MINUTES OF THE CITY COUNCIL MEETING DECEMBER 6, 1982 The meeting of the City Council was called to order by Mayor Reiman at 7:30 P.M. on December 6, 1982. Council members Fleming, Johnson, Garretson, Kerr, McMullen, Walker and Shepherd were present. Also present was City Attorney, Dave Coots and Clerk-Treasurer Dottie Hancock. Mr. Johnson gave the invocation which was followed by the Pledge of Allegiance. Police Chief, Jerry Lowe presented letters of commendation to Lt. Bob Smith and Sgt. Greg Meeks for their work in breaking a burlary ring. Mrs. McMullen stated that the minutes should reflect that it is a requirement of the M-3 zoning that a road be completed before any building is done not just a criteria of the Plan Commission. Mr. Fleming stated that in the portion of the minutes relating to Ordinance D-358 the record should be corrected to show that Mr. Lambert is a resident of Westfield and the heliport is at Westfield. Mrs. Kerr asked Mr. Garretson if his suggestion on Ordinance D-357 was a part of this motion to table. Mr. Garretson stated the motion was only to table, the suggestion was outside the motion voted upon. Mrs. Kerr made a motion to approve the minutes with the above corrections and that the memorandum of November 22 be approved. Motion seconded by Mr. Fleming and passed unanimously. Old Business Ordinance-Z189 - Rezone for Manufacturing Zone - The Council was in receipt of a finding of fact from the Plan Commission. Mrs. Kerr questioned the validity of the finding of fact from the Plan Commission in that it was signed by Mr. Merrill and had not been voted upon by the Commission. Mr. Merrill, Plan Commission President, stated he had prepared the finding of fact based upon a review of the record. Mr. Fleming stated there was a request for money for a comprehensive plan update on the agenda and felt it would be unwise to pass the rezone before the comprehensive plan update was completed. Mrs. Kerr stated she agreed with Mr. Fleming. Mrs. McMullen pointed out that the Petitioner had come to the Council a year ago and that the comprehensive plan update was at least another year away. Following further discussion, vote was taken on Ordinance Z-189 which passed 4-3, Kerr, Walker and Fleming voting nay. Mr. Garretson made a motion to make the affirmation of finding of fact from the Plan Commission a part of the record. Motion seconded by Mrs. McMullen and passed 5-2, Fleming and Kerr voting nay. Mrs. Kerr stated her nay vote was because she did not feel the finding of fact was a reflection of the whole Plan Commission. Ordinance D-358 Taxi Ordinance - Mr. William Lambert appeared before the Council to address his request for passage of a new taxi ordinance. Mr. Coots suggested that if the Council felt it wanted to adopt a new ordinance, D-358 should be amended in places. Following discussion, Mrs. Kerr made a motion to have Mr. Coots, Mr. Lambert and Mr. Lambert's attorney, Mr. Faust work to revise the proposed ordinance. Motion seconded by Mr. Garretson and passed unanimously. Mr. Garretson suggested to Mr. Coots that the designees for review address a time limit for the franchise, setting out a consumer complaint procedure, provide for a review of reissue at expiration of the franch;se and a provision to separately address limosine service. Mr. Lambert had submitted a request for a taxi license and Mr. Garretson made a motion to allow Mr. Lambert permission to operate a taxi service under the existing ordinance. Motion seconded by Mr. Fleming and passed unanimously. City Council Dec. 6, 1982 Page Two Ordinance D-357 - Amendment to Salary Ordinance - Mayor Reiman stated she had not had time to prepare an answer to Mr. Garretson's request from the last meeting and asked that this item be tabled. Mrs. Kerr made a motion to table Ordinance D-357. Motion seconded by Mr. Walker and passed unanimously. Ordinance Z-188 - B-8 Zoning - Mr. Johnson made a motion to remove Ordinance Z 188 from the tabile and sAend it back to the Plan Commission. Motion seconded by Mrs. McMullen. Mrs. Kerr stated she understood from the information that the Commission did not want a B-8 zone. Mrs. Terry Litvan, 1214 Fairbanks, stated the intent of the Plan Commission is to rework the B-8 zoning and send it back to the Council. Vote was taken on the motion which passed unanimously. Sidewalk Discussion - Mr. Garretson suggested that in light of the report from Mrs. Hancock regarding funds available, the resurfacing line item in the MVH budget be used for sidewalks and resurface streets from the Local Road and Street Funds. Mrs. Kerr suggested the Council use volunteers to do some of the study work on the sidewalks. Mr. Garretson suggested the Mayor create a committee to explore priority areas and types of walkways and come back to the Council with recommendations. Meeting was recessed at 9:04 and reconvened at 9:10 P.M. New Business Comprehensive Plan Information - Mr. Garretson asked if the funding was available for the comprehensive plan. Mr. Johnson and Mrs. McMullen stated several avenues were available. The suggestion was made that the cost be spread out over a period of two years with the maximum expenditure of $18,000 per year for the City and $12,000 per year for the Township. Mr. Hensel, Township Trustee, stated the Township did not have the funds for their share in 1983. It was suggested that the City could perhaps pay their main share in 1983 with the Township paying their share in 1984. Mr. William Merrill, President of Plan Commission, stated the Plan Commission had proceeded to begin preliminary plans for a comprehensive plan pursuant to consensus of the Council. Following a presentation by Mr. Dave Mesina, of American Planning Commission, Mr. Garretson made a motion that the Clerk-Treasurer proceed with the proper notices for an additional appropriation from Revenue Sharing in an amount of $30,000 for the comprehensive plan. Motion seconded by Mr. Johnson and passed unanimously. Transfer of Funds in Utility Bud~et - The Council was in receipt of a request from Utilities Manager, Jim Dougherty, for a transfer of funds in sewer account 743.09 to 728 in the amount of $1500.00 and in water account from 903.1 to 923 in the amount of $4000.00 to cover costs of the State Board of Accounts audit. Mr. Garretson made a motion the transfers be made as requested. Motion seconded by Mr. Johnson and passed unanimously. Utility Budgets for 1983 - Mr. Garretson stated the figures for 1983 meant nothing without comparative data, and that the only thing to do was take the committee recommendation or bring the budgets back after Council had a chance to see comparisons. Mr. Dougherty stated he could get comparative data to the Council if they so wished. Mr. Garretson made a motion to introduce Ordinance D-359, 1983 Water Utility Budget and Ordinance D-360, Sewer Utility Budget and dispense with the reading of same. Motion seconded by Mr. Walker. Mr. Dougherty will furnish comparative data to the Council before next meeting. City Council Dec. 6, 1982 Page Three Other Business Mr. Garretson stated the property development committee had added a new member, John Denkman , and that there would not be a final report from the committee until May. Mr. Garretson stated he and Mr. Johnson did not feel the traffic situation at the high school had been taken care of and that they would bring the matter back to Council in January. There being no further business to come before the meeting, the same was duly adjourned at 10:10 P.M. APPROVED: ATTEST: ACCOUNT OF DISPOSITION COUNCIL 12/6/82 ORDINANCE COUNCIL MAYOR Z-189 - Rezone for Manufacturing Zone Passed Signed 12/6/82 12/6/82 D-358 - Taxi Ordinance To Committee D-357 - Amendment to Salary Ordinance Tabled Z-188 - B-8 Zoning To Plan Commission D-359 - 1983 Water Utility Budget Introduced D-360 - 1983 Sewer Utility Budget Introduced Carmel Plan Commission December 6, 1982 Carmel City Council 40 East Main Street Carmel, Indiana 46032 Re: Carmel Research ~ Development Park Rezone Docket No. 14-822 On the basis of testimony received by the Plan Commission, written covenants on file, the Preliminary Development Plan and documents received into evidence, the Plan Commission now FINDS: 1. The rezone of 267 acres, the legal descriDtion of which is attached as Exhibit "A", to M-3 land use, will not be injurious to the public health, safety, morals or general welfare of the community. 2. The use or value of the area ajacent to the property included in the petition to rezone will not be affected in a substar. tially adverse manner. 3. The need for the rezone arises from some condition peculiar to the property involved and the condition is not due to the general conditions of the neighborhood. 4. The strict application of the terms of the zoning ordinance will constitute an unusual and unnecessary hardship if applled to the property and if the rezone is denied. 5. The grant of the rezone does not interfere sukstantially wlth th~ Comprehensive Plan adopted under the Metropolitan Develop ment Law nor does the grant of the rezone interf ere substantially with the Comprehensive Plan adopted by the City of Carmel. These findings are in addition to and are supplemental to the motion of the Carmel Plan Commission recommending that the Carmel City Council adopt an ordinance re zoning the 267 acres from R-l/R-2 land use to M-3 land use. Dated this 6th day of December, 1982. William H. Merrill