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HomeMy WebLinkAboutCCM-07-17-89CARMEL CITY COUNCIL MEETING MINUTES 7:00 P.M. JULY 17. 1989 CARMEL CITY MEETING HALL The meeting was called to order by Mayor Dorothy J. Hancock. Members in attendance were Minnie Doane, Alan Potasnik, Ted Johnson, Lee Lonzo, David Adams, Frank Fleming and Tom Irvin. Others in attendance were City Attorney Steve Andrews and Clerk - Treasurer, Susan W. Jones. The invocation was given by Minnie Doane followed by the pledge of allegiance. Councilor Irvin made a motion to approve the minutes of MINUTES: July 3, 1989. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. ORDINANCE D-602/ADDITIONAL APPROPRIATION/GENERAL FUND/RADAR WEATHER Councilor Lonzo made a motion to table EQUIPMENT/$17,000.00: action on Ordinance D-602 until a contract was received by Jones Intercable for the radar equipment. The motion was seconded by Councilor Potasnik. All members vote aye. Motion carried. Councilor Lonzo made a motion to table action ORDINANCE D-603/EDC: on Ordinance D-603 until after a meeting was held with members of the Economic Development Commission. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Lonzo stated a meeting was scheduled for Thursday, July 20th at 3:00 P.M. at Fire Station #1. A motion was ORDINANCE D-606/PUBLIC HEARING/WATER DEREGULATION: made by Councilor Lonzo to introduce Ordinance D-606 and suspend the rules for reading of the same. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Members of the public asked the Council to read the ordinance. City Attorney Steve Andrews read Ordinance D-606 to the public. City Attorney Andrews gave an outline of the deregulation and described the benefits to the City and the taxpayers as being both financial and a factor of saving time in not having to go through the Indiana Utilities Regulatory Commission. Mr. Andrews stated it was not the intention of the Council to deregulate the water utility in order to raise rates for customers. Roger Umbaugh of Umbaugh and Associates (rate consultants) explained that the State Board of Accounts would still audit the finances of the utility and the Indiana Board of Environmental Management (State Board of Health) would still oversee the projects. All deregulation would do is put the control of the rates on to the City Council rather than the IURC, which is a very timely and costly procedure. Mayor Hancock then opened the hearing to the public for questions, comments and/or objections. Martin Furhurer, Carmel resident of 11 years stated he was satisfied with the way the water utility has been run and saw no need to change it. Earl Bohner, Carmel resident of 20 years asked that it be put before the voters on a referendum. Dick Frost, Carmel resident of 3 years stated he didn't think it needed to be changed at this time. He stated, in his opinion that the City was opening itself up to law suits. It was his opinion that deregulation only benefitted industry and not homeowners. Gary Peretich, Carmel resident stated he liked the idea of the IURC looking over the utilities and that they can grant rate decreases if they see fit. Robert Allen, Carmel resident of 12 years stated he was tired of seeing rates constantly go up due to new development and thought the developers should pay a larger portion of the bill. Carl Roads, Carmel resident stated he liked the IURC watching over the utilities. Wil Wright, Carmel resident of 19 years and developer stated he came to the hearing tonight with a certain amount of suspicion but after hearing all the facts he felt it was a good idea to put the "power" back to the Council. The Council would be much more responsive than the IURC would be in a rate case. The Council is elected by the taxpayers to represent the taxpayers and this is where the rates should be decided. Mr. Wright stated he was strongly in favor of deregulation at this point. Lynn Ransberg, Carmel resident stated he was opposed to deregulation. Mac Voss, Carmel resident since 1967 was opposed to deregulation. Hearing no other questions, comments or objections, the Mayor closed the hearing and opened it to the Council for questions, comments or objections. Councilor Lonzo stated he was not prepared to vote on this issue tonight. Councilor Lonzo expressed his disappointment in the public and their lack of trust in their elected officials. Councilor Irvin stated he was elected to represent the people and appreciated their comments and concerns and would do his best to represent the voters and taxpayers wishes. He was not, however, prepared to vote on this issue tonight. Ordinance D-606 would be back on the agenda on August 7, 1989 for a second reading. PUBLIC HEARING/ORDINANCE Z-244/REZONE B-7 TO B-6/PIA MENTAL HEALTH Councilor Johnson made a motion to introduce Ordinance Z- HOSPITAL: 244 and suspend the rules for reading of the same. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Jim Nelson, Attorney, residing at 3663 Brumley Way representing PIA and Browning Investments gave a presentation of the project. Along with Mr. Nelson was Beth DeLucenay and Woody Woodman from PIA, Kevin Miller from Browning and Associates, Jim Klausmeyer, Dick Nichols and Schneider Engineering. Mr. Nelson stated that the zoning on this property was already zoned commercial (B-7) and they were merely going from B-7 to B-6. The reason for this was that the mental health care facility would be receiving patients for overnight stays and that put them in the category of a hospital and the current zoning did not allow hospitals in a B-7. The rezone was for only 9.4 acres in the northern most portion of the 20 acre tract. Mr. Nelson stated that Browning Investments and PIA were committed to keeping this as a medical facility only and all other uses permitted in a B-6 would not apply. Mr. Nelson went on to state that PIA does not treat terminally mentally ill patients but only those that will get well. PIA and Browning submitted a development plan, lighting and landscape plan to the City Council. Mr. Nelson outlined the facility as a one story building complex of a height no greater that 25 feet and 32 feet for the gym. The entrance would be off of Pennsylvania rather than 111th Street and would have only one sign. The developer has committed to a dry retention pond and has also committed to not using the words psychiatric or institute in the sign and has also committed to not accepting any patients adjudicated through the court system. Jim Klausmeyer reported that traffic would not be a factor and that considerably less traffic would be generated by this type of business than any other called for in that particular commercial zoning classification. Dick Nichols reported that a feasibility and land use study had been done for that particular site and he was of the opinion that the hospital should have no adverse affects on the residential neighborhood adjourning the facility. Woody Woodman of PIA who administers a similar facility in California described his operation and addressed several concerns of the residents most specifically security. Mr. Woodman stated PIA facilities are secure...they are not prisons but they are on a locked door basis. He also stated that his hospital in California has seen no property devaluation because of the location. At this time the Mayor opened the hearing to the public for questions, comments and/or objections. Debbie Winchester of 529 Vista Drive stated she was not speaking for nor did she wish to be represented by the Greater Home Place Neighborhood Association and that she was very much in favor of the PIA Hospital. Ms. Winchester stated she visited the Jeffersonville facility and was very much impressed. She also stated the PIA personnel have been very cooperative in addressing their concerns. Mr. Ron Wisely of 10735 Vali Drive spoke also in favor of the facility. Mr. Wisely is the President of the Meridian Meadows Homeowners Association but was speaking for himself rather than the organization. Mr. Wisely stated he had checked with a number of realtors and they advised him that there would be no adverse affect to their property values because of this new facility. Mr. Gerald Harvey of 10701 Vali Drive was definitely opposed to this project for the following reasons, location, safety risks and that the facility will be treating drug and alcohol abusers. Mr. Harvey also stated he had talked with an officer of the Carmel Police Department and that the officer had concerns about the facility. Mrs. Wainwright, Pam Road resident stated she was in favor of the facility. She said that five of the six Pam Road residents were all in favor of the hospital. She stated the concern parents have over the facility being too close to the park was unfounded. Mrs. Patty Dick, 10810 North Central spoke in favor of the hospital. Mrs. Dick stated she had visited the Jeffersonville Hospital and was impressed with their security and the buildings in nature were attractive and that the personnel with PIA were very cooperative. Mrs. Helen DeFreys of 229 Pam Road said she had studied the material and has attended all the meetings and was in favor of the hospital. Mrs. DeFreys stated she was a widow and lived alone and was not concerned at all about the safety of the facility. Melda Guy and Martha Corn of 555-557 East 107th Street stated they were opposed to the project because of possible devaluation of property values. Jim Smith, resident of 111th Street stated he was opposed to the project based on possible devaluation of property values and security risks. Donna Klar spoke in favor of the project. Cindy Eaton, President of the Greater Homeowners Association and living at 11099 Broadway stated her concerns of property devaluation and security risks to her family. Mrs. Eaton also stated her concerns over the size of the drainage pipes leading into the detention pond. A representative of the engineering company quickly assured Mrs. Eaton and other residents that the pipe will be only 24" and will be screened at both ends. Mrs. Eaton was also concerned about traffic and stated that overall, 64% of her association were opposed to the project. Marsha Harvey of Vali Drive stated she was against the facility due to the threat of danger from patients who might leave the hospital and roam the neighborhood. Betty Childers, resident of North College spoke against the rezone because of the dangerous pond, security risks, traffic and the fact that the Plan Commission member representing the neighborhood voted against the project. Mr. David Taylor, resident of Home Place spoke in favor of the facility. Dave Shaffer, President of the Northern Heights Neighborhood Association asked that the Council consider all the broken promises from developers in the past and that their neighborhood has been subjected to a lot of development in the past three years and to date, none of the developers have kept all of their promises and commitments to the neighborhoods. Mr. Shaffer spoke against the project. Mr. Jim Davis of 505 East 111th Street spoke against the project because of the lack of police protection in the area. Mr. Don Wisely spoke again on behalf of the Meridian Meadows Homeowners Association. Mr. Wisely stated the Association was not in favor of the project by a vote of 14 nay 13 aye (4 neutral votes were cast and 3 homeowners did not vote at all.) At this time the Mayor closed the hearing to the public and opened it to the Council for their questions, comments and/or objections. Councilor Lonzo asked Mr. Nelson or someone from the engineering company to explain the drainage tile concern of the neighborhood. It was explained by a representative of Schneider Engineering that the drainage tile into the pond would not be 48" but 24" at both ends and would be covered with a screen. Councilor Johnson stated he had concern over the commitments and wanted them defined again and asked they be submitted in writing in recordable form. Mr. Nelson agreed to the following: 1.) The facility's name will not include the words "psychiatric" or "institute" nor will those words be included on the signs designating the facility. 2.) The proposed PIS facility will not admit persons who have been adjudicated criminally insane (found "not guilty" by reason of insanity.) 3.) PIA will conduct a patient admission screening process and will not admit a patient that has been deemed inappropriate for admission due to a likelihood of danger to others. 4.) That PIA will participate in the signalization of 111th and Pennsylvania. 5.) That PIS will participate in the road improvements to 111th Street. 6.) That if the project should fall through that only a hospital can be established on that same piece of property rezoned to B-6. The City Council asked Mr. Woodman if he would explain to the public the issue of treating people on an out patient basis. Mr. Woodman stated that the out patient program is on a very, very limited basis. It would be more in line with marriage counseling, patient follow up, AA meetings, etc. At this time, Councilor Potasnik and Councilor Johnson asked why minutes of the Plan Commission were not included in the presentation. It was determined they were not done in time. Councilor Potasnik stated the minutes were so poorly constructed and there were so many errors and mistakes that they were really invaluable at any rate. Councilor Potasnik stated that issue was going to be addressed at the next Plan Commission meeting. Councilor Johnson asked if the Council could start receiving copies of the minutes. Wes Bucher from the Department of Community Development stated he would see to it that every member of the Council would be included on the mailing list. Councilor Potasnik asked Mr. Nelson to address the adjacent property and what would be done with that and to also outline the previous rezone submitted by Browning when it went to B-7 a year ago. Mr. Nelson stated the adjacent property (approximately 10 acres) was currently being purchased by PIA. Mr. Nelson stated the 9.4 acres meets all the requirements for a B-6, has received ADLS review and no building with the exception of the gym (32 feet) would go any higher than 25 feet. Mr. Nelson also stated that conditions of the original rezone had been met. That a 30 foot green belt would be constructed on the north property line, that a 100 feet green belt would be constructed on the south property line, that the owners of the property consent to annexation, that the property would not be used for a shopping center and that no building would exceed a building height of 3 stories. Councilor Adams made a motion to suspend the rules and act on Ordinance Z-244 tonight. The motion was seconded by Councilor Irvin. The motion was defeated by a vote of 1 aye and 6 nay. Ordinance Z-244 would be back before the City Council at their next regularly scheduled meeting, August 7, 1989 for a second reading. Councilor Lonzo made a VACATION OF EASEMENT/JAMES G. O'ROURKE: motion to introduce Ordinance D-609 and suspend the rules for reading of the same. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mr. James Nelson, Attorney representing the O'Rourke's explained the vacation of the easement located at 11821 Eden Glen Drive more particularly described as Lot 20 and a part of Lot 21 in Eden Glen. Councilor Potasnik made a motion to suspend the rules and act on D- 609 tonight. The motion was seconded by Councilor Johnson. All members voted aye. Motion carried. The Mayor called for the question. All members voted aye. There being no further business before the Council the meeting was duly adjourned. APPROVED:Dorothy J. Hancock, Mayor ATTEST: Susan W. Jones, Clerk-Treasurer