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HomeMy WebLinkAboutCCM-12-17-90CARMEL CITY COUNCIL MEETING MINUTES DECEMBER 17, 1990 7:00 P.M. ONE CIVIC SQUARE/COUNCIL CHAMBERS The meeting of the Carmel City Council was called to order by Mayor Dorothy J. Hancock. Council members in attendance were Minnie Doane, Lee Lonzo, Alan Potasnik, Annabelle Ogle, Frank Fleming, Tom Irvin and David Adams. City Attorney Steve Andrews and Clerk- Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilor Doane followed by the Pledge of Allegiance. Mayor Hancock acknowledged members of Boy Scout Troop 112 who were in attendance working on their Citizenship Badges. Councilor Lonzo presented a plaque to the Carmel High School Girl's Soccer Coach and members of the team in honor of the soccer team winning the State Championship. Councilor Lonzo made a motion to approve the minutes of MINUTES: November 19, 1990. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Irvin asked that the December 3, 1990 minutes be amended to show that his request for transcribing of the exchange between Tom Kendall and Lee Lonzo was all that he had asked for and not the entire discussion of the Council. Councilor Ogle said she did not remember saying that more trees would be planted on the Brenwick Development project but rather that statement came from the Developer, George Sweet. This change was also in the December 3, 1990 minutes. Councilor Lonzo asked that the word "corps" be changed to "majors" in the awards portion of the minutes on December 3, 1990. With these changes, Councilor Potasnik made a motion to approve the minutes of December 3, 1990. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. In the minutes of December 10, 1990, Councilor Lonzo asked that the three paragraphs that summarized James Garretson's remarks to the Council be stricken and his entire remarks be entered into the record. A copy of those remarks were given to the Clerk-Treasurer by Councilor Lonzo. Councilor Fleming made a motion to approve the minutes of December 10, 1990 with that change. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Potasnik made a motion to approve Resolution TRANSFER: 12-17-90-2 which allows for transfers within the Street budget (MVH) for 1990. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Fleming made a motion to approve Resolutions 12-17-90-3, 12-17-90-4, 12-17-90-5 and 12-17-90-6 which allows for transfers within the Fire budget (General Fund) for 1990. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Doane made a motion to approve Resolution 12-17-90-7 which allows for transfers within the Council budget (General Fund) for 1990. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Potasnik made a motion to approve Resolution 12-17-90-8 which allows for a transfer within the engineering budget (MVH) for 1990. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. ORDINANCE D-677/ELECTED OFFICIALS SALARIES/SECOND READING: Councilor Lonzo stated that he had reviewed the salary survey from Indiana Association of Cities and Towns and found Jeffersonville to be the highest paid Council. Their salary was listed at $7,200. The Carmel City Council will receive (including per diem) a total of $2,805 for 1991. Councilor Potasnik called for the question. All members voted aye. Ordinance D-677 passed unanimously. At this time, Councilor ORDINANCE D-682/DEPUTY BAILIFF SALARY: Potasnik made a motion to suspend ~he rul~s ~nd move Ordinance D 685 up on the agenda and combinetWlt~ ~ Ordinance D-682. The motion was seconded by Councilor Lonzo/. ~11 members voted aye. Motion carried. Councilor Lonzo made a motion to int ~d~ce/ Ordinance D-685 and dispense with the reading. The motion ~a~seconded by Councilor Potasnik. All members voted aye. At this time Judge Robert Hughes presented his proposal on a salary figure for the Court Deputy Bailiff and also requested a third, full-time court clerk. Along with this salary amendment, Judge Hughes also asked for an additional appropriation to pay for the new clerk, the bailiff and the deputy bailiff positions. Judge Hughes explained that he did not allow for any of these jobs when figuring his budget for 1991. The salary set for the Deputy Bailiff was up to $20.00 per hour and the bi-weekly salary for the new full-time court clerk was set for up to $670.80. The clerk-treasurer stated that these positions will not start until the beginning of the new pay period in 1991. The pay period will begin January 5, 1991 and not January 1, 1991. Councilor Potasnik thanked Judge Hughes for coming to the Council and explaining this and said he understood the need and supported this request. Councilor Lonzo made a motion to table Ordinance D-682 indefinitely. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Irvin made a motion to suspend the rules and act on Ordinance D-685 tonight. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-685 passed unanimously. Councilor Lonzo made a motion to direct the clerk-treasurer to work with the Judge and advertise for an additional appropriation sometime during the first quarter of 1991 in order to have sufficient funds to pay for these new positions. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. ORDINANCE Z-258/CONTINUATION OF PUBLIC HEARING/BRENWICK COMPANIES & AMERICAN AGGREGATES: Jim Nelson, Attorney for Developer George Sweet, stated he did re-advertise the public hearing notice. He published in both the Noblesville Times and Noblesville Ledger, 10 days prior to the hearing. Steve Andrews stated he checked state statute and local ordinance and found nothing regarding a requirement for a public hearing by the Council on re-zones. He will be bringing a Home Rule ordinance before the Council in January which will require a public hearing by the Council on re-zones and annexations. The mayor re-opened the hearing to the public for comments. The mayor asked those who wished to speak again, to avoid repeating what was said at the first public hearing. Greg Binder questioned the December 3, 1990 minutes concerning the lot size for R-2. Mr. Binder said the zoning requirement calls for lot size of 10,000 square feet rather than 8,000. The clerk-treasurer said she typed it directly from page 2 of the written proposal submitted by Jim Nelson. City Attorney Andrews stated that regardless of what was proposed, the zoning ordinance requirement would stand. Ralph Zimmerman, a resident of Northwood Hills spoke against the project and referred to a fast growing community outside of Chicago. It began with a two-lane highway and ended up with six lanes. He asked the Council to consider the traffic problems with this re-zone. Mr. Zimmerman also went on record with the Council that he will not tolerate the surface water run-off from this project. Mr. Zimmerman said he was encouraged by the public meeting concerning the high school renovation project last week. He stated that the public can no longer delegate fiscal and zoning responsibilities to elected officials and that the Council and Plan Commission should listen and not ignore the concerns of the citizens. He asked the council to look to the future and consider the impact to future generations. He encouraged the council to look at the comprehensive plan, not just for today, but for years to come and to give future generations options. John Schuler, Chairman of the Mayor's 116th Street Task Force, read into the minutes a letter concerning the committees recommendation on this re-zone. (See attached) The committee, by unanimous vote, urged the Council to adopt the proposed Thoroughfare Plan of Hamilton County rather than the proposed Carmel-Clay Comprehensive up-date as it relates to Hazel Dell's extension north of 116th and River Road south of 116th. They further urged the Council to allow no development to compromise the arterial nature of Hazel Dell or River Road and to make those two roads into one north-south roadway between the city limits on the north and 96th Street on the south by requiring an exact and single intersection of both with 116th, at 116th Street. Jim Myers, 11708 River Road, submitted soils maps for the Council to consider. Brad Belden, 13635 Winding Creek Lane, Fishers and member of Boy Scout Troop 112 asked the Council what impact this development would have on traffic. Mayor Hancock stated the majority of impact would take place on 116th Street and that a traffic study has been done and a copy could be obtained for his review. Terry Sanders, 5933 Bunty Lane, Northwood Hills subdivision, read into the record, a letter in opposition of the project. (See attached) Mayor Hancock then closed the hearing to the public and opened it to the council for their questions, comments and concerns. Councilor Lonzo asked Jim Nelson to address the issue of traffic and asked if a provision to make Hazel Dell a 4-lane road was included in the plan. Jim Nelson stated it was part of the plan and that 120 feet of right-of-way has been obtained to accommodate this plan. Councilor Lonzo then read the last sentence in the last paragraph of Mr. Schuler's letter and asked Mr. Nelson for a direct answer. Jim Nelson stated this development will not compromise the plan with the request submitted by John Schuler. Both Jim Nelson and Councilor Lonzo stated that Hazel Dell will become a 4-lane road and that sufficient right-of-way has been obtained to accommodate this road project. Councilor Lonzo asked for a clarification on the "curve" between the lakes. Both the engineer and project planner stated it would be a double curve and that it is designed for a 45 mph speed. Councilor Irvin asked if this re-zone is compatible with surrounding areas. Jim Nelson stated it was more than compatible. Councilor Lonzo asked Jim Nelson to address the concerns of the Northwood Hills residents about being right up next to the proposed development. Jim Nelson stated there is a parcel of land, approximately 100 feet in width, that separates the project from Northwood Hills. This property is zoned S-l and is not owned by the petitioners. Councilor Fleming stated that without this re-zone the petitioner could build over 700 homes rather than the projected 544 homes. Councilor Fleming felt the schools kept up pretty good and did not understand why this particular project was so controversial when other projects in that area go through the Plan Commission without any remonstration. Councilor Potasnik addressed the concerns of the public regarding the approval process. Councilor Potasnik reviewed the dates for the public starting back in August when the application was filed with the Department of Community Development. Potasnik stated that if this re-zone appeared easy to the public, it was only because the staff working behind the scenes spent so many hours in preparation. Councilor Potasnik went on to say that he was not in the pocket of developers and that he does not ignore public input. Councilor Potasnik cited many examples of re-zones that he has voted against and that anyone could look at his record to see this is true. Councilor Potasnik stated he was the Plan Commission member who called for a paper ballot. He said it was not a secret and that each member had to sign their ballot and those ballots become a part of the permanent record of the Plan Commission. He did it because he wanted each member on the Plan Commission to be accountable for their actions. All rules were followed and the deck was not stacked against the public. Councilor Potasnik felt it would be improper and would not represent the people living in District 3 if he did not vote on this issue. He encouraged the other two members of the Council who are also members of the Plan Commission to also. Councilor Potasnik said he felt the Council must be willing to compromise for the good of all the people and future generations as well. The fact is that the property will be developed regardless if the re-zone goes through or not. Councilor Lonzo asked Mr. Schuler if March 1, 1991 was still a "real" date for the 116th Task Force recommendations to be submitted to the Council and to the Mayor. Mr. Schuler replied yes. Councilor Lonzo asked Mr. Nelson if the project would be developed before that report was submitted. Mr. Nelson stated it would not. Councilor Lonzo asked Mr. Nelson if the developer had any plans to protect the wildlife that was now living in that project. Mr. Nelson replied no. Councilor Lonzo said if he had his way he wouldn't develop the area at all and leave it just as it is but the choice is not whether or not to develop this area but only to decide what zoning classification will be used. Councilor Lonzo said he would rather have one developer do the entire area than have American Aggregates sell it off parcel by parcel which would maximize the number of homes built in this area. Councilor Lonzo preferred the planned community rather than piece- mealing the development. Councilor Lonzo said his vision of Carmel is not five bedroom homes all starting at $300,000 but there is room for everyone and this project provides this necessity. Lonzo said this project includes starter homes and homes for senior citizens. Councilor Lonzo said the toughest issue is the school, but schools can't build in anticipation. They must be built on an as needed basis and Lonzo felt the school will keep up with the need. He realized that often, in a fast growing community, sometimes people get caught in the crunch. Councilor Adams stated his feelings coincided with Councilors Lonzo and Potasnik but felt a few items still needed to be addressed. Councilor Adams said he does not always support the plan commission and appreciates the time the commission gives to the positive future growth of the community. Councilor Adams said it was ludicrous for the three members on the council who also serve on the plan commission to not vote and that he greatly appreciates the input from those council members. Councilor Adams said the council does not propose the project but that the project is brought to the council. The fact remains that the project is going to be developed. The job of the council is to evaluate and determine the best use of the land. The decision is a matter of "what" and not a matter of "if". Councilor Adams said he estimated the cost to purchase the land for a park would use up the entire city budget for one year. Adams concluded that was not realistic and the public wouldn't allow it. Councilor Adams calculated the estimated tax impact this project will have on the community and based on today's rate and today's assessed valuation the development would bring in $367,200 in taxes a year for the city and $802,400 for the schools. Councilor Adams stated he has lived in his home in Brookshire for the past 18 years and observed a tremendous amount of growth. Adams felt this project was very compatible with the surrounding neighborhoods. Councilor Irvin said the three members expressed his thoughts totally. Councilor Irvin asked Councilor Potasnik at what stage are roads considered in the planning process. Councilor Potasnik stated that this issue was raised by Mrs. Gail Bardach and had to do with a comment made by Plan Commission President, Jeff Davis. Councilor Potasnik said he did not wish to comment on what Mr. Davis said and didn't know if it had been taken out of context or not. Councilor Lonzo called for the question. All members voted aye. Motion carried. ENCUMBRANCES: Mayor Hancock asked that the amount of $99,607.00 be included in Resolution 12-17-90-1 for construction of sidewalks. Councilor Irvin made a motion to approve Resolution 12-17-90-1. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Resolution 12-17-90-1 calls for the encumbrance of funds from 1990 budget into 1991. Dave Wilcox gave a financial COMMUNCATIONS CLAIMS AND REPORT: report to the Council concerning the two budget line items for the Communications Center. Mr. Wilcox stated that the project was under budget and that a total of $111,619.63 would be returned to the General fund for 1990. Mr. Wilcox went on to say that an additional appropriation would be needed in 1991 to finish the project. Councilor Potasnik made a motion to approve claims totalling $34,721.05 for the Communications Center. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. ANNEXATION/LOT 7, 6 THORNHURST DRIVE/ORDINANCE C-151: Councilor Adams made a motion to introduce Ordinance C-151 and dispense with the reading of the same. The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. Councilor Lonzo made a motion to suspend the rules and act on Ordinance C-151 tonight. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Ordinance C-151 calls for the volunteer annexation of lot 7 in the Thornhurst Subdivision. OTHER BUSINESS: Steve Andrews passed out proposed ordinances to the Council and Mayor for the Digital Access franchise request, the public hearing requirements for re-zones and annexations and a summary report of inspections on the Carmel Civic Square Centre. There being no further business before the Council the meeting was duly adjourned. APPROVED ATTEST