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HomeMy WebLinkAboutCCM-03-05-90CARMEL CITY COUNCIL MEETING MINUTES MARCH 5, 1990 7:00 P.M. CARMEL CITY MEETING HALL The meeting of the City Council was attended by Mayor Dorothy J. Hancock, Councilors, Doane, Fleming, Irvin, Potasnik, Lonzo, Adams and Ogle. City Attorney Steve Andrews and Deputy Clerk-Treasurer Janet Rogers was also in attendance. The invocation was given by Councilor Doane followed by the Pledge of Allegiance. It was stated that Minnie Doane was present at the last MINUTES: meeting but her name was omitted from the list of Councilors present. There was much discussion held concerning the use of parenthesis in the minutes. No firm decision was made but agreed to address the use of parenthesis in the minutes on a case by case application. Councilor Lonzo made a motion to amend the minutes of February 19, 1990 to reflect that Councilor Potasnik "raised concerns about comments using parenthesis being used in minutes and that it should be a separate item within the minutes titled "Approval of Minutes of February 5, 1990" rather than under the heading of "Minutes." The minutes were also amended to reflect Minnie Doane as present at the last meeting and under the Additional Appropriation of $6,000 for Recycling that the reason the appropriation was not necessary was because the project needs were being donated. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. A motion was made by Councilor Irvin to TRANSFER OF FUNDS/MVH FUND: approve the transfer of funds, Resolution 3-5-90-1, in the amount of $1000.00 from #434 to #314 within the MVH Fund. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Councilor ADDITIONAL APPROPRIATION/GENERAL FUND/INFORMANT FEE: Adams made a motion to bring back Ordinance D-639 from the table. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mayor Hancock opened the meeting to the public for a hearing. The Mayor asked for any comments and/or objections to the additional appropriation of $2,500.00 for an informant fee from the General Fund. Hearing none, the public hearing was closed and opened to the Council for comments and/or objections. Councilor Adams stated he hoped we were not headed in the direction of providing witnesses with money when they should be providing this information for free. Councilor Potasnik made a motion to suspend the rules and act on Ordinance D-639 tonight. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-639 was approved unanimously. Jim PUBLIC HEARING/SHADY BROOK-BRENWICK DEVELOPMENT/RE-ZONE: Nelson, Attorney, residing at 366 Brumley Way represented the petitioners for the re-zone and explained the project to the Council. This rezone request is for 180 acres in western Clay Township northeast of US 421 and 106th Street. The rezone is for 51.1 acres of B-3, 26.67 acres of B-5 and 98.07 acres of S-2. Councilor Adams made a motion to introduce Ordinance Z-247 and suspend the rules for reading of the same. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. The Mayor opened the floor to the public for a hearing on the re- zone. The Mayor called for any comments and/or objections concerning the re-zone. Al Moss, 3818 Shelborne Court read a statement by Brandywine Community objecting to the project. Hearing no other comments or objections from the public, the Mayor closed the hearing and opened it to the Council. Councilor Irvin asked about the height requirement of the buildings. Jim Nelson stated the commitment for building height would be no office building higher than one story (55 feet) in the 11 acres of B-3 and no office building higher than two stories in the B-5 zone. Councilor Irvin also asked the difference between the Michigan Road overlay and the Meridian Corridor overlay. Councilor Potasnik asked Jim Nelson the reason why the project was pulled after the first presentation before the Plan Commission. Mr. Nelson stated the petitioner needed more time to meet and talk with the remonstrators and residents of the neighborhood. Mr. Nelson stated the first time the project was presented it did not include the B-5 area. He went on to say that the frontage road to be constructed off of 106th Street was originally supposed to be located near the east property line and was moved 600 feet west. Excluded uses within the B-3 zone classification were reviewed and specific height requirements were set. Councilor Potasnik asked Jim Nelson about the corridor requirements being ignored. Mr. Nelson stated they were not but, in fact, were being used to promote commercial development and all standards and requirements of the 421 Overlay Zone would be used in the 400 foot strip that falls within the overlay zone. Councilor Potasnik asked Mr. Nelson about the change in the S-l residential zone classification to the S-2 zone where the requirements are less dense. Mr. Nelson stated that under current requirements, the minimum lot size for S-l is 15,000 square feet and for S-2 is 12,000 square feet. However, in the proposed development, the lots are a minimum of 15,000 square feet. The main reason for the change from S-l to S-2 is to use the lot width standard of 100 feet rather than the 120 foot requirement in S-1. Councilor Fleming asked for a clarification on utilities. Mr. Nelson stated city utilities would be provided. Councilor Fleming also stated that the development would have to go back to the Plan Commission for ADLS and plat approval. The Mayor asked for the Council's input on the deposition of this agenda item. Councilor Potasnik stated that since the project was this large and due to the fact that the minutes of the Plan Commission had not yet been received he was not in favor of suspending the rules and acting on this ordinance tonight. Mayor Hancock stated that Ordinance Z-247 would come back to the Council on March 19, 1990 for a second reading. Councilor Potasnik stated that he had distributed his thoughts EDC: and in-put in a memo to the Council on February 19, 1990 and asked for any comments on this matter from the Council. Councilor Potasnik stated that in review of Mr. Gilbert Kett's letter, Mr. Kett wished the EDC to be disband and to have the funds returned to the City and earmarked for this purpose. Councilor Potasnik went on to state that he has had conversation with Mr. Elbert Bradshaw who is the treasurer for the EDC and Mr. Bradshaw stated he was putting everything on hold until he received some official word from the Council but that he too felt the money should be earmarked by the Council for the same purpose. Council Potasnik stated he did not want the money to be returned to the General Fund but directed the City Attorney to draw up a resolution and/or ordinance to dissolve that Commission and ask that an ordinance be drawn up to establish a special fund to receive their monies. Councilor Potasnik put that in the form of a motion. Councilor Potasnik said he wanted the ordinance to reflect that any monies or any request for the use of the money in that special fund would have to come before the Council with their request. Councilor Irvin concurred with Councilor Potasnik and seconded the motion. Steve Andrews stated that these monies were never General Fund monies and he assumed they would not have to be deposited into the General Fund. Steve stated he needed to get direction from the State Board of Accounts before he could make a positive statement on where the money was to be deposited. Councilor Fleming raised the question as to why the EDC had not had a meeting and collectively decided to disband. Councilor Fleming stated he had conversation with Vaughn Story and that no meeting had been held. Councilor Lonzo stated he was at that meeting, along with Councilor Fleming and that Vaughn was the one who actually made the motion to disband and return the funds to the City as soon as the City did what they needed to do to receive the funds. Councilor Adams stated he had talked with Conner CITY PROPERTY: Title Company and they would be willing to do a title search for all property owned by the City at a cost of under $500.00. Councilor Adams suggested that the Council budget could pay for such an item. The Council agreed to allow this expense and Councilor Adams stated he would get this ordered. Councilor Lonzo asked that a resolution be drawn up for next Council meeting to set the approval of Council for payment of said bill to come out of Council budget in the Promotion of City line item. There being no further business before the Council the meeting was duly adjourned. APPROVED: Dorothy J. Hancock, Mayor ATTEST: Susan W. Jones, Clerk-Treasurer