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HomeMy WebLinkAboutCCM-12-16-91CARMEL CITY COUNCIL MEETING MINUTES DECEMBER 16, 1991 7:00 P.M. COUNCIL CHAMBERS/ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Dorothy J. Hancock. Council members in attendance were Lee Lonzo, Annabelle Ogle, David Adams, Tom Irvin, Alan Potasnik and Frank Fleming. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Mayor Hancock followed by the Pledge of Allegiance. Councilor Lonzo moved to amend the MINUTES OF DECEMBER 2, 1991: minutes of December 2, 1991 by stating that he did not second approval of the November 18, 1991 minutes. Clerk-Treasurer Jones said she apologized but probably couldn't figure out whose voice it was on the tape. She stated she gets Councilor Lonzo and Councilor Potasnik's voices mixed up all the time. Councilor Potasnik stated he probably seconded the approval. Councilor Irvin moved to approve the minutes as amended. Councilor Ogle seconded the motion. All members voted aye. Motion carried. Mayor Hancock thanked SPECIAL RECOGNITION OF COMMITTEE MEMBERS: all members who served on a committee over the past 4 years. Hancock distributed keys to the City in honor of their service. Mayor Hancock also presented a plaque and badge to Gary Barney for his service on the Carmel Police Department. Councilor Lonzo moved to TRANSFER/LOCAL LAW ENFORCEMENT AID FUND: approve Resolution 12-16-91-2 calling for the following transfers within the Law Enforcement Aid Fund. $5,409.50 from #100 Personnel and $5,959.53 from #400 Contractual Services $7,458.86 to #600 Equipment $3,910.27 to #300 Operating Expenses $21,800.25 from #400 Contractual Services $2,000.00 to #250 Travel $12,700.25 to #600 Equipment $3,000.00 to #300 Operating Expenses $4,100.00 to #458 Confidential Funds Councilor Ogle seconded the motion. All members voted aye. Motion carried. Mayor Hancock stated that ENCUMBRANCES 1991 INTO 1992: encumbrances for the Local Roads and Streets Fund, Engineering would be $15,000 and Right-of-Way would be $52,000. The Cumulative Capital Sewer Fund from the Engineering encumbrance would be in the amount of $15,000.00. Councilor Fleming stated that $921.00 should be deducted from the City Council encumbrance changing the amount to be encumbered from $20,048.83 to $19,127.83. Councilor Lonzo moved to approve Resolution 12-16-91-1 with those changes. The motion was seconded by Ogle. All members voted aye. Motion carried. The mayor ORDINANCE D-726/1992 CITY JUDGE SALARY/SECOND READING: asked Clerk-Treasurer Jones if this Ordinance had been properly advertised. Jones replied yes. The mayor called for the question. All members voted aye. Ordinance D-726 passed unanimously. PUBLIC HEARING/ORDINANCE Z-267/ALL CITY OF CARMEL AND CLAY TOWNSHIP GOVERNMENTAL FACILITIES AND BUILDINGS ARE EXEMPT FROM ZONING The mayor opened the hearing to the REQUIREMENTS AND PROCEDURES: public for an additional public hearing. The first hearing was held at the last Council meeting on December 2, 1991. Bob Campbell, Attorney for the Clay Township Waste District and the Township trustee's office spoke to this issue again. Campbell said he didn't want to repeat his comments from the last meeting as they were in the minutes but he did want to clarify the fact that a reference was made to a unanimous Plan Commission recommendation that this amendment to the ordinance be approved. Campbell said that the vote at the Plan Commission was 10 aye and 3 nay. Jim Quinn, 3129 Jason Street, Carmel stated he wanted to voice his mild objections to this matter. Quinn said he felt this ordinance amendment was somewhat incomplete. Quinn said he spoke with Andrews just before the meeting and it didn't seem quite clear whether or not building corporations are specifically exempt or not. Quinn also said he had a conversation with Dr. Story on how this could possibly affect the way the Carmel Civic Square Centre building was purchased. Quinn said Andrews used the term "clearer is better" a few minutes ago and Quinn thought it would be to everyone's benefit to table this item so it was absolutely clear. Hearing no other comments the mayor closed the hearing to the public and opened it to the Council for comments, questions and/or objections. Adams stated it was his understanding that this dealt with the township only and that the City was already exempted and are merely extending the same to the township and did not see what the building corporation or corporations had to do with this since it deals with the township. Campbell agreed. Mayor Hancock called for the question. All members voted aye. Ordinance Z-267 passed unanimously. PUBLIC HEARING/ORDINANCE Z-268/MOBILE OR CELLULAR TELEPHONE TOWERS ARE NOT ALLOWED AS A PERMITTED USE, SPECIAL USE, OR ACCESSORY USE, Mayor OR ACCESSORY USE IN ALL RESIDENTIALLY ZONED DISTRICTS: Hancock again stated this is also the second half of a public hearing like Ordinance Z-267. Mayor Hancock stated the public hearing was still open and called for any questions, comments or objections. Mr. Howard Bower, Manager of Network Systems for GTE and other representatives of GTE gave a formal presentation to the Council concerning mobile or cellular telephone towers. In closing, Bower stated that after consulting with their legal counsel, it was his understanding that municipalities do not have jurisdiction over the placement of utility communication towers in Indiana. Bower went on to say that GTE Mobilenet has and will continue to meet its utility obligations, while at the same time, will adhere to local zoning procedures and practices when possible. Bower said while GTE can't endorse the proposed ordinance, they were sympathetic to the motivation. Bower proposed that with the 1992 Council that they be given the opportunity to make a more in depth presentation to them on the tower issue. James Quinn, 3129 Jason Street, Carmel stated he has been working with and represent the group known as "Taxpayers Against Cellular Towers" that has developed in the Foster Ridge subdivision. Quinn stated this ordinance came to the Council tonight because of a great deal of frustration by the homeowners. Quinn stated there was a tower that was placed in the field adjacent to the Foster Ridge subdivision but was removed and then replaced with a cellular tower of the lattice type in a different location on the field and closer to Carey Road than the previous tower. Quinn said some of the records the taxpayer's group was able to obtain from the Department of Community Development showed that the law firm of Campbell, Kyle and Proffitt prepared a statement in January informing the Department of Community Development that the law was indeed deficient and that the DOCD would not be competent to judge what the height of a communication tower should be. Therefore, Quinn said, cellular GTE or any other company that would want to come in and put up one of these towers would be able to defend any height of a cellular tower that they wished in a residential area. Quinn stated the homeowners were never notified or the issuing of a building permit and has placed a burden on the homeowners and even on the owners and developers of Foster Ridge. Quinn said he has spoken with Mr. Shoots (developer) and he told him that his purchase agreement to get him out of balance of Foster Ridge collapsed due to the erection of this tower. Quinn said he has spoken to the representatives of GTE and strongly agrees with them that we do need cellular towers and this is something that needs to go back to the Plan Commission but right now the homeowners are wide open for this kind of stuff. Quinn said this ordinance should be viewed as a stop-gap measure to preserve the integrity of the homeowners. Quinn said this recommendation was passed by a unanimous vote by the Plan Commission and a petition of 273 homeowners was submitted in support of this ordinance. Dr. Tim Story, Mohawk Crossing/Carmel resident also spoke to the ordinance. He said he attended a meeting of concerned residents who expressed their displeasure at what happened with the tower on Carey Road being constructed. Story said he had a conversation with Dave Coots (Attorney for GTE) and still had some questions for Coots to answer, if he could. Story said he thought Plan Commission should be the place where this type of thing should be presented. Story said he didn't understand why someone could build a swimming pool in a neighborhood he gets something in the mail that says his property values are going to be affected and he has an opportunity to be at a public hearing but yet when these towers go up, at least in this one particular instance, that did not occur. Story asked why the difference. Dave Coots, Attorney for GTE stated GTE is a state regulated utility that is regulated by the Indiana Utility Regulatory Commission (IURC) has certificate of authority to provide cellular service in its defined geographic territory. Coots said that under stated law, a utility that is so regulated and so empowered is solely governed by the authority that grants it the certificate. This state law excludes local municipalities from regulating that utility on the premise that state regulations usurp local regulation. Tom Kendall, 11818 Gray Road, Carmel stated he too was at the meeting that Dr. Story and Jim Quinn referred to with the homeowners and he felt that when faced with the question of when can we or when can we not make this type of regulation, as elected officials, the duty is to the citizens of the community. Kendall said elected officials should at least try to protect the interests of homeowners until such time as it may be determined if it is or is not valid. Kendall asked for the Council's consideration in passing this ordinance. Christopher Painchaud, 11529 Rolling Springs Drive, Carmel spoke in favor or the ordinance such as it is and acknowledged it as being far from perfect but only recommended it as a stop-gap measure because he believed there are unresolved legal problems. Painchaud said he is a cellular phone user and depends on it for his job and is as frustrated as anybody with the lack of channels in certain areas and Carmel is probably becoming one of the worse areas in central Indiana and knows that towers need to be erected in strategic spots to serve the interests of Carmel but still spoke in favor of this ordinance, if for no other reason to prevent another Foster Ridge episode from happening in the community. Hearing no other comments from the public, the mayor closed the hearing to the public and opened it to the Council for their comments, questions and/or objections. Adams asked if GTE has a stated policy in trying to avoid residential neighborhoods when possible. Bower said absolutely but as the network is expanded, not much flexibility is given to avoid residential areas. Bower said they are looking forward to doing some things on tops of buildings that perhaps neighbors would not be impacted. Bower said they have done everything they can do to keep towers out of residential neighborhoods. Potasnik said it was not his intent to debate tonight, as was brought up in the public hearing, as to whether or not a tower now in place should or should not have been approved or to sit in judgement of decisions that have been made. Potasnik said they do, however, have the ability to affect local ordinances to make changes whenever necessary and this is what the original request was. Potasnik said the focus of what we should trying to do tonight is in the form the ordinance changes so that future towers won't be erected in residential zoning classifications without affording people the opportunity to oppose or to support such at a public forum. Potasnik said it seemed at odds to restrict the height of a building in a commercial area and yet allow a tower for commercial use in a residential area. Potasnik said residential neighborhoods should be afforded the same protection in a R-3 as in a S-1. Potasnik felt the ordinance was very necessary and very timely. Potasnik said if GTE wanted to they could come before the BZA and ask for variance after this ordinance was passed but right now, something needed to be done immediately. At least if that were done, the neighbors would receive notice and a public hearing would be conducted. Potasnik said there was nothing unconstitutional about this and until it is proven so by a court of law the Council has every right to enact this law. Potasnik agreed with Coots in stating that Indiana Home Rule says that where there is a void in the law, the City can step in and that is what is being attempted here. Lonzo said that GTE has asked for an opportunity to speak to the new Council and tonight, heard from five members of the new Council, and he for one, would feel very uncomfortable in voting for an ordinance which he felt assured would lead to lengthy and costly litigation for the new administration. Lonzo moved to table this ordinance until the next meeting. The motion was seconded by Adams. Ogle, Lonzo, Adams, Fleming and Irvin voted aye. Potasnik voted nay. Motion carried. RESOLUTION 12-2-91-4/A RESOLUTION DIRECTION THE CARMEL BOARD OF PUBLIC WORKS AND SAFETY TO PROCEED WITH THE REFUNDING OF THE Councilor Irvin stated he had EXISTING SEWAGE WORKS REVENUE BONDS: calculated the rate of interest and the savings the City might receive by doing a refunding based on the recommendation of H.J. Umbaugh. Irvin reviewed Umbaugh's recommendation of using a cash payment for the purpose of refunding. Irvin stated approximate savings to the sewer utility would be $391,160. Irvin stated the City would be paying an interest rate - Nov. 1, 1992 of 7.75% Nov. 1, 1993 of 7.50%, Nov. 1, 1994 of 7.75%, Nov. 1, of 1995 of 8.00%, Nov. 1, 1996 of 8.20%, Nov. 1, 1997 of 8.40%, Nov. 1, 1998 of 8.50%. Irvin stated the cash flow from 1992 to 1996 shows if the City estimates the revenue as being the same as 1991 and increase the operating cost, the City would have more than sufficient funds to operate the Utility. Irvin stated that the new Council should consider a reduction of the sewer rates in the very near future. Jones asked for clarification on the type of refunding stating that Umbaugh proposed a refunding bond method and a cash redemption method. Jones said she understood this was for Sewage Works only and the Council was suggesting total redemption not refunding. Andrews said exactly. Andrews said his discussion with Umbaugh was to do a total redemption with the City's cash and not do a refunding bond or a partial bond issue. Irvin moved to pass Resolution 12-2-91-4. The motion was seconded by Fleming. All members voted aye. Motion passed. REDEVELOPMENT COMMISSION/REPORT FROM ICE, MILLER, DONADIO AND RYAN: Andrews stated he finally got in touch with Ice, Miller, Donadio and Ryan and requested a quote. They are looking into it and will probably have a report the first of the year. Andrews said he informed them that Council was looking into paying around $2,500 for that report. Adams made a motion to table this item. The motion was seconded by Ogle. All members voted aye. Motion carried. Andrews stated someone should contact Ice, Miller and let them know the date of the next Council meeting in order to submit their report. OVERTIME REQUEST/PAYMENT OF ADDITIONAL HALF-TIME ON PAYROLL #22: The Carmel Fire Board on behalf of several of the fire fighters and all other city employees asked the Council to consider the payment of half-time for their overtime pay on payroll #22. Councilor Irvin said their was a gap between the time the payroll ended the passage of the overtime ordinance and several employees lost half- time on their pay. Irvin explained that was not the intention of the Council to hurt just a few employees. Irvin moved to allow the payment of half-time on overtime for payroll #22 for all employees and to allow the department heads to sign the necessary payroll forms to allow those payments. The motion was seconded by Adams. All members voted aye. Motion carried. Council Lonzo ORDINANCE D-733/PERMIT PARKING/OLD TOWN CARMEL: proposed an amendment, in the form of a motion to Ordinance D-733. This amendment was as follows: 7. The east side of 1st Avenue NE between 1st Street NE and 5th Street NE The provisions of this section (8-51 as cre ated by ordinances 727 and 733 shall not apply to vehicles which properly display a resident vehicle sticker. Resident vehicle stickers shall be issued by the Carmel Police Department for any vehicle which is registered to an owner who resides at an address which is located on any of the following streets: 1st Avenue NE between 1st Street NE and 5th Street NE 2nd Avenue NE between 1st Street NE and 5th Street NE 3rd Avenue NE between 1st Street NE and 3rd Street NE 1st Street NE between 1st Avenue NE and 4th Avenue NE 2nd Street NE between 1st Avenue NE and 4th Avenue NE 3rd Street NE between 1st Avenue NE and 3rd Avenue NE Resident vehicle stickers shall be issued at no cost to the owner of the vehicle. Ogle seconded the motion to amend Ordinance D-733. Fleming asked how the residents will know to come to the police department to get a sticker. Lonzo said Officer Pratt has volunteered to notify all the residents. Fleming asked when this would go into effect. Lonzo stated as soon as the signs were posted. The mayor called for a vote on the amendment. All members voted aye. Motion carried. The mayor called for the question on Ordinance D-733. All members voted aye. Ordinance D-733 passed unanimously. PUBLIC HEARING/ORDINANCE Z-265/RE-ZONE/10433 NORTH PENNSYLVANIA: The mayor asked the clerk-treasurer if this public hearing had been advertised properly. Jones replied yes. Lonzo made a motion to introduce Ordinance Z-265 and dispense with the reading. The motion was seconded by Ogle. Mr. John Fillenwarth and his son Matthew presented the rezone to the Council. Fillenwarth was asking for a rezone of his property located at 10433 North College from R-1 to R-3 in order to build a duplex. After the presentation the Council thanked Fillenwarth for having done such a great and complete job on his rezone. Fillenwarth thanked everyone in DOCD and the Clerk-Treasurer's office for being so helpful to him through this entire process. After the presentation the mayor opened the meeting to a public hearing calling for questions, comments and/or objections. Hearing none the hearing was closed to the public and opened to the Council for their comments. Councilor Fleming asked Fillenwarth if he had any objections to being annexed into the City. Fillenwarth stated no. Lonzo commended Fillenwarth for his presentation and his concept. Potasnik made a motion to suspend the rules and act on Ordinance Z- 265 tonight. The motion was seconded by Irvin. All members voted aye. Motion carried. Hancock called for the question. All members voted aye. Ordinance Z-265 passed unanimously. ESTABLISHMENT OF LAW ENFORCEMENT AID FUND II/Ordinance D-741: Jones stated this ordinance merely created a second Law Enforcement Aid Fund in order to track the second federal grant. Jones said this ordinance was a result of an audit recommendation by the State Board of Accounts. Councilor Fleming moved to introduce Ordinance D-741 and dispense with the reading. The motion was seconded by Ogle. Lonzo moved to suspend the rules and act on Ordinance D-741 tonight. The motion was seconded by Ogle. All members voted aye. Motion carried. Mayor Hancock called for the question. Ordinance D-741 passed unanimously. Adams moved ESTABLISHMENT OF YIELD INTERSECTIONS/ORDINANCE D-739: to introduce Ordinance D-739 and dispense with the reading. The motion was seconded by Lonzo. Andrews stated this item and the next item on the agenda were merely house-keeping ordinances. Lonzo moved to suspend the rules and act on D-739 tonight. The motion was seconded by Potasnik. All members voted aye. Motion carried. Hancock called for the question. All members voted aye. Ordinance D-739 passed unanimously. Lonzo moved ESTABLISHMENT OF STOP INTERSECTIONS/ORDINANCE D-740: to introduce Ordinance D-740 and dispense with the reading. The motion was seconded by Potasnik. Lonzo moved to suspend the rules and act on Ordinance D-740 tonight. The motion was seconded by Potasnik. All members voted aye. Motion carried. Hancock called for the question. All members voted aye. Ordinance D-740 passed unanimously. Councilor Fleming moved to approve COMMUNICATIONS CENTER CLAIMS: the following claims for payment. General Electric Mobile Communications $5,804.00 Dictaphone $890.76 Design Plan Incorporated $8,762.48 Fleming said these three claims, he hoped, would go before the Board of Public Works at their 23rd meeting. Fleming said the next one was for David Wilcox but did not state the amount of the claim for the record but said it was left over from the last meeting on December 2nd. The motion was seconded by Adams. All members voted aye. Motion carried. Fleming then stated Wilcox would be paid from encumbered funds for 1992. ORDINANCE D-743/AN ORDINANCE TO DELETE CHAPTER 6, ARTICLE 4, SECTION 6-64 OF THE CARMEL CITY CODE ENTITLED PLANTING AND REMOVAL Councilor Adams moved to introduce OF TREES AND SHRUB REGULATIONS: Ordinance D-743 and dispense with the reading. The motion was seconded by Irvin. All members voted aye. Wes Bucher, Director of Department of Community Development stated he had presented a resolution to the Board of Public Works earlier but it did not pass. Bucher asked this ordinance be removed or tabled until it could be looked at further. Adams moved to table this ordinance. The motion was seconded by Potasnik. All members voted aye. Motion carried. ORDINANCE D-742/AN ORDINANCE TO AMEND SECTION 10-7 OF THE CARMEL Councilor Adams moved to CITY CODE RELATING TO PUBLIC HEARINGS: introduce Ordinance D-742 and dispense with the reading. The motion was seconded by Potasnik. Bucher gave a brief rationale for this ordinance. After a brief discussion Lonzo moved to suspend the rules and act on D-742 tonight. The motion was seconded by Irvin. Potasnik voted nay. A suspension of the rules did not take place. Ordinance D-742 will return for a second reading at the next Council meeting. Andrews, Potasnik and John Hensel all addressed OTHER BUSINESS: the Council and thanked everyone for their experiences over the past term. Lonzo and Ogle also thanked everyone. REQUEST FOR ADDITION TO AGENDA/CLERK-TREASURER/ORDINANCE D- Hancock asked for the Council's wishes 744/UNUSED VACATION LEAVE: on this request. No motion was made by the Council to add this item to the agenda. No action was taken. There being no further business before the Council the meeting was adjourned. Respectfully submitted, _________________________________ Approved, __________________________________ ATTEST: ______________________________________