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HomeMy WebLinkAboutCCM-06-04-90CARMEL CITY COUNCIL MEETING MINUTES JUNE 4,, 1990 7:00 P.M. CARMEL CITY MEETING HALL The meeting of the Carmel City Council was called to order by Mayor Dorothy J. Hancock. Councilors in attendance were Minnie Doane, Lee Lonzo, Alan Potasnik, Annabelle Ogle, David Adams, Frank Fleming and Tom Irvin. City Attorney Steve Andrews and Clerk- Treasurer Susan W. Jones were also in attendance. The invocation was given by Minnie Doane followed by the Pledge of Allegiance. Councilor Doane offered an amendment to the minutes of May MINUTES: 21, 1990. Councilor Doane asked that the Council be included in the sentence where President Potasnik presented her with a basket of flowers in honor of her 80th birthday. Councilor Fleming asked for a correction on page 4, the second to the last paragraph where it stated Councilor Potasnik and Councilor Fleming had met with Dave Klingensmith, etc., to be changed to Councilor Doane rather than Councilor Fleming. Councilor Irvin made a motion to approve the minutes with those corrections and amendments. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. City Attorney Steve ORDINANCE A-62/PUBLIC HEARING/SECOND READING : Andrews gave a brief synopsis of Ordinance A-62 an Ordinance regulating construction and use of wells in Carmel. Mayor Hancock opened the public hearing, calling for questions and or objections to Ordinance A-62. Hearing none, the Mayor closed the public hearing and opened it to the Council for their questions and or objections. Councilor Fleming asked Jim Dougherty, Utilities Manager, if other cities and towns had such an ordinance. Mr. Dougherty stated he wasn't sure but he had compiled a packet of information to send to all licensed well diggers in the state so they would be aware of the new rules and regulations in Carmel. Councilor Potasnik called for the question. All members of the Council voted aye. Ordinance A-62 passed unanimously. Jim ANNEXATION OF CAUSEY PROPERTY/PUBLIC HEARING/ORDINANCE C-141: Nelson, attorney for the petitioner, residing at 3663 Brumley Way, gave a brief outline and description of the property requesting annexation to the City. The property is 7.3 acres, on the south side of East 131st Street commonly known as 4025 East 131st Street and is owned by David and Barbara Causey. Councilor Potasnik made a motion to introduce Ordinance C-141 and dispense with the reading of the same. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Jim Nelson stated the Board of Public Works had made a favorable recommendation to the Council for approval. There had been a request of the Board of Public Works to make sure the right-of-way was included in the legal description and Mr. Nelson assured the Council that it had been included. The Board of Public Works also approved sewer and water availability to the property. Councilor Irvin asked what, if any, expense will be incurred by the City for the annexation. Councilor Potasnik and Jim Nelson both stated the cost of this annexation would be minimal and this was another annexation "hole" in the City map that was being closed with this petition. Councilor Potasnik made a motion to suspend the rules and act on Ordinance C-141 tonight. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance C-141 passed unanimously. ADDITIONAL APPROPRIATION HEARING/MVH & GENERAL FUND/ORDINANCE D-- Councilor Lonzo made a motion to introduce Ordinance D-651 and 651: dispense with the reading of the same. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Mayor Hancock opened the meeting to the public for a hearing, calling for questions and or objections to the additional appropriation. Hearing none, the hearing was closed to the public and opened to the Council for their questions and or objections. Mayor Hancock stated the appropriation for the Fire Department was short by $7,600.00 and the Fire Department would be coming back for another additional to replenish the equipment repair fund. The Mayor stated the entire repair bill had depleted the Fire Department's repair budget for the entire year. Councilor Lonzo made a motion to request the Clerk-Treasurer to advertise for this additional appropriation. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Councilor Lonzo made a motion to suspend the rules and act on Ordinance D-651 tonight. All members voted aye. Motion carried. All members voted aye. Mayor Hancock called for the question. All members voted aye. Ordinance D-651 passed unanimously. Councilor Lonzo made a REZONE/PUBLIC HEARING/MIDDLETON FARMS : motion to introduce the Ordinance (the Clerk-Treasurer to assign a number) and dispense with the reading of the same. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Jim Nelson, attorney for the petitioner, outlined the rezone request, a copy of which is on file at the Clerk-Treasurer's office. Mr. Nelson stated he represented the petitioners of Ray Roehling and Jim Caito. The rezone is from S-1 to S-2 and is for 105.9 acres east of Ditch Road, south of 141st Street and north of 136th Street. The site is currently zoned S-1 (Residential). The petitioner is requesting to rezone this property to S-2 (Residential) for single family residential development project. Mr. Nelson stated that commitments had been filed with the Carmel Plan Commission but did not want to go into detail on them tonight. Mr. Nelson stated the petitioners had agreed to contribute $25,000 to the Carmel Clay Community Foundation in lieu of an open space commitment. The open space commitment was originally suggested to be 5 to 6 acres of the southwestern tip of the project. The idea of a park was discarded because of a lack of commitment from the County on the up-keep of the open space coupled with the location of the open space to be eventually turned into a park around the Henley drain. Sewers would be provided by the Clay Township Regional Waste District. Mr. Nelson stated the rationale for the project was two-fold. One being that it complied with the most recent up-date, even though it had not been approved or adopted, of the Comprehensive Plan. The second reason was the development provided a certain economical and social influence to the community. Mr. Nelson also read the Department of Community Development's staff comments. Mr. Roehling then read from his land use and availability study. This information is also on file at the Clerk-Treasurer's office. Mr. Roehling stated there is an overwhelming need for this type of housing in the Carmel area and there is, at this time, an insufficient amount available to the prospective home buyer. Mr. Roehling stated that in the last two years, 321 housing starts had been issued for the S-2 zone and only 57 housing starts had been issued for the S-l zone. At this time the Mayor opened the meeting to the public for questions and or objections asking the public to limit comments to different ideas in order to avoid repetition. Bill Wilhelm, 13505 Ditch Road spoke in concern of the soil conditions, traffic considerations and infrastructure. Mr. Wilhelm asked the Council to consider the recommendation of the Plan Commission which voted against the rezone. Mr. Wilhelm stated he was not opposed to development but objected to how it was being developed. Mary Beth Fleming, 1277 W. 136th Street, spoke in opposition of the S-2 zoning. Mrs. Fleming reminded the Council that the rezone had been defeated by both the zoning board and the Plan Commission. Later in the hearing, Councilor Potasnik corrected Mrs. Fleming by stating the Land Use Committee had voted against the project and not the zoning board. Mrs. Fleming stated Middleton Farms was an example of "leap frog development" and not consistent with the surrounding area. She stated that 90% of the area around Middleton Farms are homes and not farms. She emphasized the neighborhood was established with 80% of the homeowners being self-employed and the neighborhood was defined by space. Mrs. Fleming also went on to say that a petition had been presented to the Plan Commission with over 140 names in opposition to the proposed project. Mrs. Fleming asked the Council to please consider one-acre minimum lot size for S-l in the comprehensive plan up-date. Ellen Watson, 13513 Towne Road pleaded with the Council to not approve the rezone. Mrs. Watson stated that the space around her was her sanity, her sanctuary and her therapy. Mrs. Watson stated she felt these three things were being threatened by the project. Judy Hagan, 10946 Springmill Lane, asked for consideration of the Council in not approving the rezone based on the impact of the proposed new elementary school. She stated it would be a crime to over-crowd a school before it even opens. Mrs. Hagan supported the other comments made earlier by other residents of the area. Mrs. Hagan cited the project as narrow urban lots being dropped in a spacious area of Clay township. Tom Hansen, 448 Lead Circle, asked the Council to accept the Plan Commission recommendations and to deny the application. Mr. Hansen also supported the other residents. Cindy Gasper of Six Points Road spoke in opposition of the project. Mrs. Gasper cited serious road problems around the project. She also emphasized that the project was moving ahead of the infrastructure needs. She asked for the Council to support development in an organized manner. There being no further comments, objections and/or questions, the hearing was closed to the public and opened to the Council for their questions. Councilor Doane asked who would be serving the area with water. Mr. Roehling stated he was talking with both Hamilton Western and Indianapolis Water Company. Councilor Adams asked Jim Nelson about the plan for the new school. Jim Nelson stated the Carmel Clay School Board will be making its decision very soon and are just waiting on the enrollment count this fall. Councilor Irvin asked the petitioner to define other S-2 zones in the surrounding area and then asked the Council members who serve on the Plan Commission to give their comments. Councilor Potasnik felt a rezone should benefit the health, welfare and safety of the entire community. He also stated that at the Carmel City Council retreat he heard a great deal of discussion about making affordable housing available in Carmel. Councilor Potasnik stated he voted against the rezone at both the land use committee level and also the Plan Commission level based on the following three items: 1. The land plan was void of any amount of creativity. No open space as defined. 2. That a do nation of $25,000 would be made to the Carmel Clay Community Foundation in lieu of open space. 3. Not the highest and best use of land at this point in time. Councilor Ogle, another member of the Plan Commission said she voted for the rezone. She said she had mixed feelings because she understood the need of the people around the area to protect their space. Her main reason for voting for this rezone was the need for affordable housing in Carmel and that the developer already has a zoning classification of S-l for the area and she didn't see much difference between S-1 and S-2. Councilor Ogle said she used the realistic approach rather than the idealistic approach to the rezone decision. Councilor Adams, as well as other Councilors, concluded the need for affordable housing stating it was discussed at great length at the retreat and he felt this rezone could satisfy that need. Councilor Potasnik then stated that he agreed somewhat and that no one on the Council wants to limit affordable housing. But, he said, he cannot approve S-2 zoning at this point in time. The current housing market in this area was stated by Mr. Roehling and Mr. Nelson to be somewhere in the neighborhood of $200 to $350,000 price range with lot costs of $30,000 to $36,000. Councilor Potasnik asked Mr. Nelson and Mr. Roehling to explain the commitment for road improvement around the area. Mr. Nelson stated that $196,000 had been allocated to roadway improvements for 136th, 141st and Ditch Road. The county will be doing work to Ditch Road this fall so the bulk of money would go to 136th Street. No curbs would be installed. Councilor Irvin stated he was not prepared to vote tonight and he had a lot of problems that needed to be worked out before he could vote on the rezone. Councilor Irvin said he wanted to talk with the technical advisory staff and to the people living in that area. Mr. Roehling stated that by changing the lot configuration it would increase the number of lots in the area, it would make the lots easier to sell because the cost would be about $20,000 less and he could pass that saving on to the potential home buyer. Again, making the area more affordable to more people. Councilor Lonzo asked about drainage concerns in the area and asked Mr. Roehling if he was one of the developers in Kingswood that was not suffering from drainage problems. Councilor Lonzo stated he had received, and was still receiving calls from residents in his district who suffer from drainage problems. Mr. Roehling stated he was one of four of the developers in that area and Kingswood was suffering from drainage because of sandy soil conditions and not because of lot configuration. Councilor Lonzo said many of those residents of Kingswood feel the problem is from too big of homes being built on too narrow of lots. Mr. Roehling said that was not the problem. Councilor Lonzo said he was not prepared to vote and needed time to consider the facts. The rezone request will return on the next Council agenda for a second reading. At this time the Mayor asked for the Council's CHANGE IN AGENDA : indulgence in changing the order of the agenda and allowing for Steve Nation, Hamilton County Prosecutor to speak to the Council about the Enforcement Aid Fund. The Council agreed. : Steve Nation, Hamilton County Prosecutor ENFORCEMENT AID FUND addressed the Council and asked for their support in Carmel Police Chief Barney's request for an additional officer. Funds to pay for 50% of the officer's salary will come from a federal grant. Mr. Nation gave a short over-view of the enforcement aid grant. Carmel Police DRUG TASK FORCE/ADDITIONAL PERSONNEL REQUEST/CPD: Chief Gary Barney explained the need for the officer and 50% of the officer's salary would be paid through a grant. Councilor Lonzo made a motion to introduce Ordinance D-653 and suspend the rules for reading of the same. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Councilor Irvin asked about the length of the grant. Chief Barney explained it would run from April 1st to April 1st. Chief Barney also stated he had budgeted 100% of the officer's salary because he couldn't be sure if the grant would or could be renewed each year. Councilor Lonzo commended all agencies involved in this project. Councilor Lonzo made a motion to suspend the rules and act on Ordinance D-653 which would allow for an additional patrolman to be added to the 1990 salary ordinance. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-653 passed unanimously. Councilor Lonzo made a motion to add the ADDITION TO AGENDA: approval of claims for the Communications Center to the agenda. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. : City Attorney Steve CLAIM LEASE/RENTAL/CSX/COMMUNICATIONS CENTER Andrews gave an overview of this request. Steve explained to the Council the need to use the right-of-way along the Monon to run cable from the Communications Center to Civic Square. The Board of Public Works had approved the contract with two changes earlier in the evening. The cost of the lease/rental of the right-of-way would be $1,500.00. Councilor Lonzo made a motion to approve the request. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Councilor Lonzo made a motion to add to the ADDITION TO AGENDA: agenda a request for funds for video taping Council meetings during the summer. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. A CUMULATIVE CAPITAL FUNDS/RE-ESTABLISHMENT OF RATES FOR 1991: written request had been presented to the Council by the Clerk-- Treasurer asking for their determination on re-establishing the old rates for the Cumulative Capital funds. The Mayor stated the Cumulative Capital Sewer fund was under the maximum levy and was five cents but the Cumulative Capital Development was scheduled to be ten cents this year but because of re-assessment it was reduced to three cents. The Clerk-Treasurer cautioned the Council, stating taxpayers would feel an increase in their taxes of approximately eleven cents on each $100 of assessed valuation for 1991. Councilor Irvin made a motion to direct the Clerk-Treasurer to advertise for the re-establishment of the Cumulative Capital funds based on what they should have been for 1990. The motion was seconded by Councilor Fleming. All members voted aye. The Cumulative Capital Sewer fund would be advertised at five cents rather than three cents and the Cumulative Capital Development fund would be increased from three cents to ten cents. The Cumulative Capital Improvement Fund would also be increased from three cents to five cents. The Council felt they needed the additional monies to do some of the projects they had talked about earlier. Councilor Potasnik made a motion CLAIMS FOR COMMUNICATION CENTER: to approve the following claims to be paid from the $150,000 received in the sale of the old police station. This amount is in the Council budget. C.E. Reeve & Sons (Re-roofing) $7,675.00 Vasey Heating & Air Conditioning $3,789.02 (Less Tax) Real Mechanical $628.13 The motion was seconded by Councilor Lonzo. All members voted aye. Motion carried. The Mayor stated the bills would be submitted through the normal procedure and would be approved by the Board of Public Works for payment. REQUEST FOR FUNDS FROM COUNCIL BUDGET FOR VIDEO TAPING OF COUNCIL Councilor Lonzo stated he had met with Mr. Hal Espy and MEETINGS: Mr. Espy had agreed to video tape the Council meetings during the summer at a rate of $90.00 per meeting. There would be a total of five regular meetings, and should the Council want to tape any special meetings, the cost would also be $90.00 per meeting. Councilor Lonzo asked the money be taken from the Council budget somewhere and asked for Councilor Potasnik's guidance on what budget category could be used to pay for such an item. Councilor Lonzo went on to say the Mayor was looking into the Board of Public Works budget and they may be able to pay for such an item. Councilor Lonzo also stated a contract would need be drawn up by the City Attorney and approved by the Board of Public Works. Councilor Lonzo asked for this in the form of a motion. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Councilor REQUEST FOR CHANGE IN REGULAR MEETING DATE OF COUNCIL: Adams asked for the Council to change the date of their next regular meeting of the Council. The meeting would fall on June 18th, the same day the State Department of Transportation would be holding a public hearing on the construction of a new intersection at 116th and Gray Road. Councilor Adams stated he, along with Councilor Lonzo and Councilor Potasnik wanted to attend the State hearing. Clerk-Treasurer Jones stated the hearing would be at Woodbrook Elementary School. An informal hearing is scheduled from 2:00 p.m. until 4:00 p.m. and a formal hearing at 7:00 p.m. The Council agreed to change the regular meeting date of the Council to Wednesday, June 20th at 7:00 p.m. in the Carmel City Meeting Hall. Clerk-Treasurer Susan Jones stated she BUDGET INFORMATION REQUEST : still had not received a schedule from the Mayor concerning when she would be receiving information for input on her computer for next year's budget packets. The Mayor she had sent a memo concerning that. The Clerk-Treasurer stated she had not received any memo. The Mayor set a deadline for the department heads to have the budget information to the Clerk by the close of the business day on the 13th of June and the packets out by the 18th to the Council but, since the meeting date of the Council had changed, it would give her two extra days. The Clerk-Treasurer stated it would be almost impossible to meet that deadline. This schedule only gave her office four working days. The Clerk stated she had requested, on numerous occasions, two full working weeks to enter the data and assemble the packets for the Council. Councilor Fleming asked if he would be getting his packet before the weekend since the first budget meeting was scheduled for the 25th. The Clerk-Treasurer said she would try and wanted to know if there were any other options open in case she couldn't meet this deadline. Councilor Lonzo stated that if she couldn't, she couldn't. Again, the Clerk-Treasurer stated she felt it was an impossible task. There being no further business before the Council the meeting was adjourned. APPROVED: Dorothy J. Hancock, Mayor ATTEST: Susan W. Jones, Clerk-Treasurer