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HomeMy WebLinkAboutCCM-12-03-90CARMEL CITY COUNCIL MEETING MINUTES DECEMBER 3, 1990 CARMEL CITY HALL/ONE CIVIC SQUARE 7:00 P.M. The meeting of the Carmel City Council was called to order by Mayor Hancock. Members present were Councilors Minnie Doane, Lee Lonzo, Annabelle Ogle, Alan Potasnik, David Adams, Frank Fleming and Tom Irvin. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also present. The invocation was given by Councilor Doane followed by the Pledge of Allegiance. Councilor Irvin wanted the discussion of between Tom MINUTES: Kendall and Lee Lonzo the purchase of Civic Square Centre transcribed verbatim. Councilor Potasnik wanted Ordinance D-679 to be changed to show that all the intersections around Civic Square were "yield" signs, rather than "stop" signs. Councilor Potasnik moved to approve the minutes of November 19, 1990 with the transcription included and the change to D-679. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Lonzo presented a plaque to the Director of AWARDS: Carmel High School Marching Band and members of the Drum majors honor of the band winning the State Championship. Councilor Fleming made a motion to approve the following TRANSFERS: transfers within the Carmel Police Department budget. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. $750.00 from #l0l Salaries into #250 Travel - General $4,000.00 from #101 Salaries into #471 Equipment Repair $7,500.00 from #101 Salaries into #642 Other Equipment $1,000.00 from #101 Salaries into #442 Telephone Councilor Irvin made a motion to approve the following transfers within the Department of Community Development and Plan Commission. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. $200.00 from #452 to 441 Plan Commission $1,200 from #112 to 110 DOCD $50.00 from #475 to #486 DOCD $200.00 from #350 to #301 DOCD ORDINANCE D-682/AMENDING THE SALARY ORDINANCE TO ADD THE POSITION Councilor Potasnik made a motion to table this OF DEPUTY BAILIFF: item until December 17, 1990 so that a dollar amount could be assigned to this position. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. PUBLIC HEARING/RE-ZONE REQUEST Z-258/BRENWICK DEVELOPMENT INC. AND Councilor Ogle made a motion to introduce AMERICAN AGGREGATES: Ordinance Z-258 and suspend the rules for reading of the same. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. City Attorney, Steve Andrews stated there was a possible problem with the publication of the notices of the public hearing but there was an even greater problem in that the statutes are not clear if it is mandatory for a public hearing at the Council level. Jim Nelson, attorney for the developer, pointed out to the Council that state statute doesn't require a public hearing but that he has always agreed to one because that was the common practice of the Council. Steve Andrews stated he would like to have more time to research this matter. If, in fact, there does need to be a public hearing, the petitioner needs to re-advertise and use the Noblesville Times and the Noblesville Ledger and come back Dec. 17. Mr. Andrews also stated that the Council could go ahead and have a public hearing tonight and leave the public hearing open, re-advertise and continue the public hearing until the 17th. Steve Andrews said in light of the school having to re-do its advertising, the Clerk-Treasurer had raised the same question on the re-zone and felt it was a valid question. Mr. Andrews said that on the surface it appeared a public hearing only has to be held at the Plan Commission level and not at the Council level but didn't feel comfortable with that interpretation until having more time to check it out. Councilor Potasnik stated that, having heard this re-zone at the Plan Commission, he appreciated the seriousness of this re-zone and of every re-zone, for that matter, and there should always be a public hearing. The public should have the right to speak, he said. Councilor Potasnik asked that the rules of the Council be re-done and make it more stringent and require public hearings on annexations and re-zones. Councilor Potasnik was in favor of sending it back and having it re-advertised. Councilor Lonzo agreed in part with Councilor Potasnik but felt the council should hear the public tonight and then do it again in two weeks. Again, Steve Andrews suggested the council hold the public hearing tonight and not close the hearing and ask Nelson to re-advertise and come back in two weeks. Jim Nelson, Attorney for Brenwick Development and American Aggregates, cited IC 36-7-4-608 with respect to advertising and stated that only 48 hours notice is required and that requirement was met. Nelson said it has been an unwritten rule for the past seven years and he has never used the Noblesville Times. Nelson felt that he has gone above and beyond the call of duty on re zones. Councilor Lonzo made a motion to proceed with the public hearing. The motion was seconded by Councilor Doane. Councilor Potasnik voted nay. All other members voted aye. Motion carried by a vote of 6 to 1. It was left to the petitioner to decide if he wanted to re- advertise. Nelson stated he would re-publish. Jim Nelson then gave the presentation of the re-zone to the Council and to the public. The present zoning classification is S-l with the following changes: a. S-l Residence District - 144 acres (no change b. S-2 Residence District - 98 acres requeste d) c. R-2 Residence District - 141 acres American Aggregates Corporation is the owner of a 385 acre parcel of real estate in the eastern part of Clay Township and located: 1. North of and adjacent to East 116th Street and the Flowing Well 2. Sout h of and adjacent to East 126th Street and Clay Jr. High School 3. East of and adjacent to North Gray Road and O'Malia's Shopping Center. The development will occur in stages and it is estimated that 5-10 years will pass before completion. The re-zone request is as follows: 1. a part be rezoned to R-2 to provide for single family homes on individual lots not less than 8,000 sq ft in size 2. a part be rezoned to S-2 to provide for single family homes on lots not less than 12,000 sq ft in size, and 3. a part remain zoned S-1 to provide for single family homes on estate type lots not less than 15,000 sq ft in size The request for a change of zoning classification to accommodate the proposed residential use is consistent with the recommended land use under the current Comprehensive Plan and to the extent deemed appropriate the most recent consensus map formulated under the Comprehensive Plan Update. The part of Clay Township in this area is predominantly residential. The Conceptual plan showed 5 entrances to the development and there would be a total of 8 lakes. There is also dedication of additional right of way. 1. East 126th Street - 40 feet 1/2 right of way - south side. 2. Gray Road - 40 feet 1/2 right of way - east side 3. E. 116th Street - 50 feet 1/2 right of way - north side 4. Boulevard - 120 ft. right of way There would be a total of 544 homes over 385 acres for an average of 1.5 or less homes per acre. At this point, the mayor opened the discussion to the public. The mayor called for questions, comments and or objections to the rezone. Mr.Chris Painchaud, 11529 Rolling Springs Drive, spoke in opposition, based on five major points: 1. The so-called plan has been changed to accommo date certain developers and not all of the land can be built, so the 1.5 homes per acre is not accurate. 2. Concern for infrastructure. 3. Where would the kids go to school? He wanted the Council to consider the already $90 million high sch ool renovation impact on taxes. 4. ''Unleashed " growth is not good for the community. Managed growth supports responsible, steady and dependable growth. 5. Economics - American Aggregates said at the Plan Commission hearing they still had 20 years of mineral life left on the land. There is no doubt it would be good economics for American Aggregates to sell now for a better profit. 6. The housing market is heavy with sellers and light with buyers. Impact of more new houses on the market would greatly impact the sale of older homes in the area. Mr. Painchaud also objected to the Plan Commission only giving 20 minutes for remonstrance. He stated the room was filled to capacity with taxpayers against the project, yet their pleas fell on deaf ears. He stated only one person spoke in favor of the project. Mr. Painchaud challenged the Council to prove to him and to the taxpayers of Carmel that they care and asked for consideration. Mr. Tom Kendall, 11818 Gray Road, also spoke in opposition to the proposed project. Mr. Kendall stated he had attended all the Plan Commission meetings and the Land Use Committee meetings concerning this project. He also stated that none of this opposition had to do with the integrity of developer George Sweet but had to do with the impact on the infrastructure, schools and resale value of the homes. Mr. Kendall questioned the traffic impact study of the petitioner and stated the figure of 10% impact on 116th Street was far too low and calculated it at nearly 21.8% for the average and a 56% during peak times. Mr. Kendall stated the Council needed to coordinate growth or east Carmel could turn into a Castleton-like nightmare. Mr. Kendall pointed to another proposed home project, Avian Glen, at 146th and Hazel Dell Road, that would add to the congestion. Mr. Kendall was also concerned about the notice of the public hearing. He appreciated the "policy" for the public hearing and hoped they will continue to keep it. He was, however, upset at the way the public hearing was held at the Plan Commission level. He stated only 20 minutes were given for remonstration. He was concerned that the Plan Commission only serves as an advisory body to the Council and is not accountable to the public through the election process. Mr. Kendall stated that Councilors Ogle, Potasnik and Fleming have already gone on record in favor of the project at the Plan Commission level and it only takes one more vote on the Council to approve the project. Mr. Kendall asked those three members to consider abstaining from voting. Mr. Kendall asked the Council to play by the rules and listen to the public. Ray Oliphant, 11932 Westwood Drive, resident of Northwood Hills, said that even though he can't vote in Carmel he wanted to express his opinion on this rezone. Mr. Oliphant stated he has elevation maps of the area and Northwood Hills is below the proposed project. Mr. Oliphant stated they already have a water problem and this will only add to it. Greg Binder, 11861 Hoster Road and President of the Northwood Hills Neighborhood Association, spoke in opposition to this project. Mr. Binder stated he shared the feelings of others who have spoken this evening. Mr. Binder was concerned that the Plan Commission takes public input but does not take action based on that input. Mr. Binder said he felt the public hearings were a charade, plus short notice of meetings gave the public a feeling of hopelessness. People are beginning to feel they have no voice in government. Mr. Binder then passed out an Indianapolis Star article about the Castleton "mess" and pointed out that the "mess" was a result of disregarding public input. He also felt that with the 116th Street problem that already exists, to allow this size of a project to empty out on to 116th Street would only compound the problem. Mr. Binder felt a lot of questions have gone unanswered. Mr. Binder pleaded with the Council to look at the implications of a project of this size and solicit more information on infrastructure and schools. Bonnie Liggett, 11610 Bradford Place and President of the Woodbrook PTO Board, spoke against the project. Mrs. Liggett's concerns dealt primarily with the impact on the schools. Mrs. Liggett stated the elementary schools were already to capacity and the main reason most people moved to Carmel were the excellent school system but with the rapid growth, the schools cannot keep up. Mrs. Liggett also asked the Council to consider who will pay for all these new schools. Mrs. Liggett projected there will be an additional 707 school children added to the system with this project alone. Jim Meyers, 11708 River Road and Treasurer of the Northwood Hills Neighborhood Association, spoke against the rezone. One of Mr. Meyer's complaints dealt with the poorly drained soils in the area and was concerned with the numerous lakes planned for this project. Mr. Meyers stated the lakes would drain into Cool Creek and it already seemed to be at capacity when we received a heavy rain. Mr. Meyers stated that people have lost faith in the Plan Commission and with no way to vote for the Plan Commission members the public could only look to their elected officials to represent their interests. Mr. Meyers stated he was not opposed to growth but felt Carmel was growing too fast and graceful growth was better. Mr. Meyers asked the Council to wait until the 116th Task Force has submitted their report before they take action. Mr. Meyers also asked the Council to request the Carmel School Board to submit input into this project and to respect citizens who ask and raise concerns about density. Rick McKinney, 50 Wilson Drive spoke in opposition to the project, based on three specific concerns: 1. Impact on infrastructure and 116th Street. 2. Water and sewer expansion costs. 3. Need for new elementary school. Mr. McKinney also objected to the 1.5 homes-per-acre calculation stating he figured it at closer to 1.73 homes per acre after you subtract out lakes, roads and undeveloped area. Gail Bardach, 4714 Buckingham Court, spoke against the rezone as a private citizen. Mrs. Bardach stated that so many people have so many concerns. Mrs. Bardach has lived in Carmel for 13 years and her husband owns a business in Carmel. Mrs. Bardach stated that Carmel is a nice, safe and easy place to live and that she is not anti-growth but things need to slow down. Mrs. Bardach stated that the Plan Commission took no accounting of the public's input and only one person spoke in favor of the re- zone yet it passed unanimously. Larry Fox of 12317 Brompton stated he has served on many boards, been a resident of Carmel since 1969, financially supports many projects within the community and this is the first City Council meeting he has attended in 20 years. He asked the Council, "When is enough, enough?" Mr. Fox was concerned with the impact projects of this size would have on taxes and faced with retirement in a few years wondered if he would be able to afford to live in Carmel. His fear is that his tax bill is now becoming larger than the house payment. He stated that people are becoming alarmed at the rate of growth and that timing is so very important. Roger Shaul, 11811 Yorkshire Lane, who claimed to be a "116th Street Groupie" asked the Council members to put themselves in the residents' places and look at the Plan Commission and how it operates. He stated he felt citizens should control growth and not developers. Mr. Shaul felt something was wrong and he felt uneasy about what is going on in Carmel. Mr. Shaul asked the Council to consider the impact on schools, water run-off and traffic and to wait until the 116th Street committee has filed their report. At this time the mayor asked for anyone else who wished to speak. There being none the mayor asked for Council comments. The mayor also announced that the hearing would not be closed but would be continued at the December 17, 1990 meeting. Councilor Potasnik stated he would wait until after the closing of the public hearing before making his comments. Councilor Lonzo asked about the gravel pits being turned into lakes. Councilor Lonzo said it was always his perception that gravel pits were dangerous and asked if Mr. Sweet would be making any changes in the lakes. Mr. Sweet stated the banks would be re- shaped but that the pits would remain the same. Mr. Sweet said the pits were not as deep as an average size lake. Councilor Lonzo stated he wanted to walk the area and come back at the next Council meeting with his comments. Jim Nelson addressed the concerns of drainage and stated this presentation was made as a part of the Technical Advisory Committee and was approved. Councilor Lonzo asked Mr. Sweet the price ranges of the homes. Mr. Sweet stated that in the S-1 section they would be $400,000 to $600,000. In section S-2 they would range from $250,000 to $450,000 and in the R-2 section would be $140,000 to $250,000. Councilor Ogle addressed the concerns of the wooded area and complimented the developer for retaining many of the trees said the overall plan that was presented to the Plan Commission has an even greater tree coverage. Councilor Adams asked if American Aggregates has reached its point for use as a gravel pit. Developer, George Sweet said there were still three to five years left to mine while the development was going on. Councilor Lonzo asked for input on schools for the December 17th meeting. Councilors Irvin and Adams both stated they would reserve their comments until after the public hearing is closed. Mary Stanley, INDIANA DIGITAL ACCESS/REQUEST FOR FRANCHISE: Attorney for the petitioner, explained the request for a franchise. Indiana Digital Access is a utility much like Indiana Bell or AT&T and requires a franchise within the City to install fiber optic telecommunication lines. Steve Andrews suggested the best way to handle this request is in ordinance form. The Council directed Andrews to work with Mary Stanley and return at a January 1991 Council meeting. The Council also asked the City Attorney to look into the possibility of charging a franchise fee. This direction was done through a motion made by Councilor Lonzo and seconded by Councilor Ogle. All members voted aye. Motion carried. Clerk-Treasurer Susan SOLUTIONS GROUP CONTRACT/CLERK-TREASURER: Jones presented her request for approval of a contract with Solutions Group for 1991 at a rate of $50 per hour. Ms. Jones stated this amount was approved by the Council at the budget hearings this summer and that she did not want to tie up a contract with a maximum amount. She stated she was having a communication problem with the BPW in getting this approved. Councilors Lonzo and Adams both stated the fee for software support for Solutions Group was set by the Council for up to $50 an hour, with a maximum to be spent in that line item of $30,000. If the need for software support exceeded that amount then it would be necessary to the Clerk-Treasurer to return to the Council for either a transfer or an additional appropriation. Councilor Irvin stated that under the Council rules that BPW should approve the contract and he felt it should be referred back to the BPW. Councilor Lonzo made a motion to refer the contract approval back to the BPW. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Irvin made a ANNEXATION/LOT 13/THORNHURST ADDITION: motion to introduce Ordinance C-150 and to suspend the rules for reading of the same. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Ordinance C-150 calls for the annexation of Lot 13 in the Thornhurst addition to the City of Carmel. This annexation came to the Council on a favorable recommendation of the Board of Public Works. Councilor Adams made a motion to suspend the rules and act on C-150 tonight. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance C-150 passed unanimously. Councilor Potasnik made a motion to COMMUNICATIONS CENTER CLAIMS: approve the following claims. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Duck Brothers Painting $ 1,260.00 Fuller Engineering $ 9,074.00 S & M Painting $ 250.00 Dart Corporation $ 76.00 $ 15.00 $ 120.00 $ 140.00 General Electric $ 3,825.00 Console System, Inc. $16,748.40 Councilor Adams made a motion AMENDMENT TO SALARY ORDINANCE/D-684: to introduce Ordinance D-684 and suspend the rules for reading of the same. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Mayor Hancock explained there was an error made on the original Ordinance D-654 and this corrects that error. Councilor Adams made a motion to suspend the rules and act on D-684 tonight. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance D-684 passed unanimously. CHANGES AND AMENDMENTS TO ORDINANCE D-362/RULES AND REGULATIONS Councilor Irvin asked for the CONCERNING THE CITY COUNCIL: Council's input into the changes and amendments they would like to see in Ordinance D-362. Councilor Potasnik made a motion to direct the City Attorney to draft an ordinance or add it to the amendments to D-362 so that public hearings are required on annexations and rezones and address the publication issue. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. There being no further business before the City Council the meeting was adjourned. APPROVED: Dorothy J. Hancock, Mayor ATTEST: Susan W. Jones, Clerk-Treasurer