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HomeMy WebLinkAboutCCM-09-16-91CARMEL CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1991 7:00 P.M. CARMEL CITY HALL/CIVIC SQUARE COUNCIL CHAMBERS The meeting of the Carmel City Council was called to order at 7:00 P.M. by President David Adams. Council members in attendance were Lee Lonzo (7:30 P.M.), Annabelle Ogle, Frank Fleming, Tom Irvin and Alan Potasnik. City Attorney, Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. Councilor Irvin moved to approve the minutes of September MINUTES: 3, 1991. The motion was seconded by Councilor Fleming. Members Ogle, Fleming, Adams and Irvin voted aye. Councilor Lonzo was not yet in attendance to vote on this agenda item. Motion carried. Clerk-Treasurer's Budget: Clerk-Treasurer Susan Jones TRANSFERS: requested a $1,500 transfer from Printing and Other Supplies to cover the cost of temporary help. Jones explained her office was involved with a huge project in archiving the minutes and codes to the computer and needed the extra temporary help in order to complete the task by the end of the year. Irvin moved to approve Resolution 9-16-91-1 which transferred $1,000 from #452 into #111 and $500 from #358 into #111 within the General Fund, Clerk-Treasurer's budget. The motion was seconded by Councilor Ogle. All members voted aye. Motion carried. Police Department Budget: Assistant Chief Don Allen stated the need for the transfer was explained in the letter sent to the Council but would address any issues the Council might have. Councilor Ogle stated she and Councilor Lonzo met with Chief Barney about these transfers and understood this to be an opportunity for the department to purchase these radios at a good price. Chief Allen stated this is the first step of the 5 year phase-in plan for the 800 mhz radio system based on funding. The additional money was due to not having a full strength police force. Allen said this will finish off the department's needs for portable radios in the initial stage. Allen said he anticipated coming back for a special appropriation to finish out mobile radios. Councilor Ogle said mayor-elect Johnson had been included on this project and supported it totally. Allen said it was Johnson's idea to go ahead and finish out the system and do a special appropriation. A motion was made by Irvin and seconded by Ogle to adopt Resolutions 9-16-91-1, 2 & 3 allowing for the following transfers within the General Fund, Police Department budget. From 101 Full Time Salary into 642 Other Equipment $61,500 From 641 Motor Equipment into 120 Overtime Salary $26,000 From 442 T elephone into 441 Postage $400 All members voted aye. Motion carried. ORDINANCE D-723 ORDINANCE CORRECTING THE OMISSION OF D-600/AN City Attorney ORDINANCE ESTABLISHING A REDEVELOPMENT COMMISSION: Steve Andrews stated that the Clerk-Treasurer discovered that the text of the new Code under recodification omitted Ordinance D-600 which was the Redevelopment Commission. Andrews stated the purpose of Ordinance D-723 was to bring back the Redevelopment Commission into the Code. Councilor Potasnik moved for the introduction of D-723 and suspended the rules for reading of the same. The motion was seconded by Ogle. All members voted aye. Motion carried. Ogle moved to suspend the rules and act on D-723 tonight. The motion was seconded by Irvin. All members voted aye. Motion carried. Andrews RATIFICATION OF APPOINTMENTS TO REDEVELOPMENT COMMISSION: asked for the record the Council re-establish the two appointments that had been made or state two new appointments. Potasnik made a motion for the Council to approve the nominations of Dr. Tim Story and Frances Shoup as Councils' representatives on the Re- Development Commission. The motion was seconded by Ogle. All members voted aye. Motion carried. Potasnik made a motion to close nominations. The motion was seconded by Ogle. All members voted aye. Motion carried. President Adams asked all in favor of the nominations of Dr. Story and Frances Shoup to the Redevelopment Commission. All members voted aye. Adams signified Dr. Story and Frances Shoup as nominees of the Council. INDIANAPOLIS WATER COMPANY/MAPPING PRESENTATION FOR HAMILTON Potasnik made a motion to move this to Item #7 on the COUNTY: agenda that evening. The motion was seconded by Ogle. All members voted aye. Motion carried. ANNEXATION ORDINANCE C-160/REMAINDER OF WOODGATE, WOODFIELD, AND Potasnik made a NORTHERN SECTION OF 146TH STREET RIGHT-OF-WAY: motion to introduce the annexation of Ordinance C-160. The motion was seconded by Ogle. All members voted aye. Adams opened the discussion for public hearing. James Quinn, Jason Court, Carmel, inquired of the Council if this hearing was properly advertised. Quinn asked the Council to postpone the annexation until they could get feed-back from the homeowners associations. Quinn stated that the developer had held back on putting finish coats on the streets and there had been a number of complaints concerning chuck holes and the fact that the roads were not up to par. Quinn suggested that Dr. Story's subdivision had been promised street lights which the developer had not installed. Quinn asked for some accountability to the homeowners by the developer. Quinn stated that the developer has been allowed to continue to obtain other variances and building other subdivisions in the city. Quinn stated that holding back on annexation approval was the strongest weight the Council had to ask the developers to finish the work they had promised in the subdivisions. Quinn felt that the City would be asked, at a later date, to finish the work that the developer had not done himself. Adams stated the hearing was properly advertised. The Clerk- Treasurer indicated that was true. Andrews stated that concerning the first item, unless the rules were suspended that evening it would have to come back at the next meeting. Andrews then asked Quinn if the three weeks until the next meeting would give him enough time. Quinn indicated that would be enough time. Andrews also stated that regarding the subdivisions, the contractor was required to post a bond and that if the work is inadequate or not done at all, the City has bonds that would allow the City to do the work and charge it back to the bonding company. Andrews suggested that Quinn contact the City Engineer to see if bonds existed for the projects mentioned. Hearing no others, Adams declared the public hearing closed and opened the hearing to discussion by the Council. Irvin asked Quinn if there were specific concerns about the annexation. Quinn indicated that the homeowners associations were concerned that the developer was continuing to improve the undeveloped parts of the subdivision without bringing the existing built-out areas to a first class condition. Quinn indicated construction traffic would be coming from Carey Rd. and, therefore, heavy equipment would not affect the roads in question. Irvin indicated that he felt the Council needed reassurance from the City Engineer that these problems were looked at carefully before approving annexation. Ogle inquired if progress would be stopped whether there was or was not an annexation. Andrews indicated the annexation would benefit the City because the City would have more assessed valuation. Andrews felt it would not harm the City by bringing the property in through annexation. Andrews felt that as far as completing the projects, the City Engineer could put pressure on the contractor to get things done. Potasnik indicated that the discussion of annexation could be let go on the first reading and at the next meeting the questions Mr. Quinn brought up could be addressed by the Engineering Department or the petitioner. Adams stated this Ordinance would come back for a second reading in October. Councilor Fleming made a motion to COMMUNICATION CENTER CLAIMS: approve the following seven claims for the Communication Center: L.A. Carey Cleaning Service $ 150.00 GE Mobile Communications 17,600.00 Console Systems Inc. 16,306.60 UNR Rohn 1,542.00 Kroger 46.92 Vicki Bailey 31.67 Silk Concept, I nc. 510.66 Potasnik questioned if the City was still under budget on the Communications Center Project. Fleming indicated the City was still under budget. Potasnik asked if the Rohn claim was for a back-up tower. Fleming stated that it was. The motion was seconded by Potasnik. All members voted aye. Motion carried. DISCUSSION ON A TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING Potasnik ACCESSORY USES IN RESIDENTIAL ZONING CLASSIFICATIONS: addressed the Council regarding the concern of many people who have been impacted by an archaic zoning ordinance. Potasnik stated that although a lot of money has been allocated to update the Zoning Ordinance which was still an ongoing project, he felt that the immediacy of this problem needed to be addressed. Potasnik stated that he and his constituents would like to see changes to bring about more continuity. Potasnik indicated he felt there was an immediate need to rectify an ambiguity in the document. Potasniks' specific concerns were with radio, TV and communication towers, where they can be erected in the future and the need to modify the Citys' current Zoning Ordinance so the various classifications conform. Potasnik stated he did not intend to challenge towers which have already been erected or decisions which have already been made concerning the other towers, however, Potasnik requested to make the changes the Council felt necessary. Potasnik stated he would like to offer a solution in the form of an amendment to the Zoning Ordinance. Potasnik stated the amendment would prevent towers from being erected in residential zoning classifications without affording people the opportunity to either support or oppose such a use in a public forum. Potasnik stated that the City Zoning Ordinance addressed radio and TV transmission towers in residential classifications in the S-1 and S-2 areas only as a special use. Potasnik stated that he felt in all zoning classifications in the City and Township that radio and TV and communication towers be considered special use before they could be put up and an applicant would have to give legal notice and a public hearing would have to be held before the Board of Zoning Appeals. Potasnik also stated that he would like the Commission to consider clarification and changes to the underlying areas of the Ordinance under Accessory Building and Uses Section dealing with towers and antenna. Potasnik stated that he would like the Council to direct the Planning Commission to act on the Councils' request, giving the public the opportunity to address this issue followed by more public input, when the Amendment would be brought back to the Council for adoption and consideration. Potasnik stated that the Council had given special consideration on many issues, making changes to protect property values and maintain the character and overall aesthetics of the community. Potasnik stated he believed this proposal would, also, protect property values and maintain the character and aesthetics of the community. Potasnik said that the Council has restricted heights of buildings in commercial areas, yet why would the City not restrict a tower for commercial use in a residential area. Potasnik asked for action by the Council to afford the same protection in a R-3 as in S-1. * * A complete copy of Councilman Potasniks' text is attached to the Council Minutes. Potasnik made a motion for the Council to recommend that the Carmel-Clay Planning Commission consider clarifications and changes to the Carmel Zoning Ordinance with regard to radio, TV, and communication towers in residential areas and to also consider changes to the accessory uses section in residential zoning classifications as indicated in Councilman Potasniks' enclosed text. Ogle seconded the motion. All members voted aye. Motion carried. Adams requested that a certified copy of the Council minutes be provided to the Carmel-Clay Planning Commission to give the Commission the opportunity to review what was discussed at the Council meeting. Councilman Lonzo made a motion to suspend the rules and allow a citizen to ask a question. The motion was seconded by Potasnik. All members voted aye. Motion carried. Janie Naraine, Carmel, stated she represented a group of concerned citizens who lived adjacent to the tower. Naraine stated that the concerned citizens were upset that the permit was issued to construct the tower. Naraine voiced new concerns over rumors that a second tower or structure was being planned. Naraine asked the Council what would protect them from this project starting when, as she had heard, ordinance changes could take several months. Naraine also stated she was concerned that the property where the tower stood was not zoned residential and she felt that issue would have to addressed. Naraine stated that she was advised that if there was a problem with satellite dishes an immediate temporary zoning ordinance was put into effect preventing communication structures or towers going into place until public notice was served and the public could provide input. Naraine asked if this temporary ordinance could be applied to this problem to protect the residents in the mean time. Andrews stated the satellite dish problem was an ordinance that was sent to the Plan Commission which the Commission acted on quickly, returned to the Council and the Ordinance was passed within thirty days or so. Andrews stated that there was a question as to whether or not the City had authority to regulate the placement or construction of the towers. Andrews stated that preliminary research had shown that, for example, GTE had erected a tower that was offensive to residents, but GTE was able to qualify as a public utility possibly exempting them from zoning. Andrews stated that a zoning attorney is currently working on this problem and Andrews stated that the attorney advised him of several cases in Indiana in which certain companies' qualifications allow them to fall under the public utility law, keeping any City or township from regulating them and that would make any ordinance against tower construction void. Andrews stated that further review would determine whether or not the City could proceed with an ordinance, and that Andrews hoped his questions would be answered in the next eight to ten days. Potasnik stated that the Council had the right to move ahead and protect the health, safety and welfare of the Community through regulation until the City has been told that GTE is a regulated utility. Andrews stated that Potasnik was correct, Home Rule Statute says that units can do anything that they are not prohibited by law or statute from doing. Andrews stated he did not find a statute that prohibited the regulation, however, Andrews indicated there may be case law that prohibits this regulation, which would have the same effect. Andrews stated the public should be aware that there are steps through the Indiana Regulatory Commission that the public may have to challenge whatever the City may not be able to control. Andrews stated the Commission has a Consumer Councilor Division that could provide the citizens with some help. Irvin asked if a request has been made to install a tower, when did the public receive an opportunity to provide input. Potasnik stated that depending on whether the land was classified S-1 or R-3 would depend on whether or not public notice was required. Potasnik stated that was the purpose of the discussion, to allow public input regardless of zoning classification. Adams asked all in favor of the Resolution pending before the Council. All members voted aye. Resolution passed with a certified copy of the Council minutes to be sent to the Carmel-Clay Plan Commission for further action. INDIANAPOLIS WATER COMPANY/MAPPING PRESENTATION FOR HAMILTON Darrell Bakken of the Indianapolis Water Company addressed COUNTY: the Council regarding new computer maps that have been created for the meter readers and customer service personnel at the Utility in Marion County. The employees of the IWC have been so pleased with the quality of the maps, that they have asked for similar maps for new meter maps in the four surrounding counties that the IWC works throughout. Mr. Bakken stated that the IWC Utility began to investigate the cost of completing the mapping costs. Bakken said that, at about the same time, the Planning Director of Fishers asked IWC if they were going to make new computer maps of Fishers. Bakken stated that the Town Council of Fishers was considering the purchase of new computer maps, and asked IWC if they would cooperate with them regarding the maps. Mr Bakken stated that IWC agreed to cooperate with Fishers and, at that time, decided to contact other cities and towns in Hamilton County and the County Officials in Noblesville, to set up a meeting on August 22, 1991. Bakken stated sixteen people representing thirteen agencies met and discussed the advantages of the Marion County consortium, sharing costs and decisions that had to be made regarding the mapping project. The group agreed to continue to meet to discuss the possible merits of a similar Consortium for Hamilton County. Bakken stated that a subsequent meeting was held on September 5, 1991 and a third meeting is scheduled for later the week of September 15th for the Hamilton County interested parties. Bakken stated that he believed an accurate base map for all interested agencies would have the following benefits: 1) Cities and Townships of the County can share more accurate information such as addresses. (Bakken gave an example of an address file in Marion County prior to computerized mapping as only 60% correct with everyone's address file different, such as, street names, streets or avenues, and erroneous abbreviations.) Everyone can share common information on parcel locations and the right-of- way. (Bakken gave an example of maps prior to the computerized maps that were off between twenty-five to fifty feet in geographic accuracy.) 2) All additions to the map could be made by one agency and made available by computer modem to all participants. 3) Eliminate duplicate mapping staffs, mapping costs and errors. Bakken stated that the combined dollars spent by various cities, townships and counties for aerial maps was amazing. Bakken said a Consortium would eliminate duplication at less cost with better quality than anyone could to themselves. The Marion County Digitized Map is accurate within two feet which is tremendous accuracy for virtually all purposes of government. Bakken provided a list of the organizations discussing sharing the costs of the Hamilton County map. (Copy attached to the Council Minutes.) Bakken pointed out that some utilities were not yet at the table. Bakken stated the local municipal governments could help the most by encouraging the Electric, Gas and Telephone Utilities participation through the chief executives of the cities and County, writing to the chief executives of the Utilities asking them to participate and share costs in this effort. Bakken stated that the Mayor of Indianapolis invited the Utilities to the Consortium in Marion County to get the project going, and Bakken said it may be similarly necessary in this case. Bakken stated that funding alternatives were considered and that several examples were given for the Councils' review. Bakken explained the levels of management - the executive board, the technical committee, and the neutral home for the computer in the Marion County Consortium. Bakken explained who developed the mapping project for Marion County and the information packet that was distributed at the Council Meeting. Potasnik inquired if the information letter was written by IWC or the Hamilton County Ad Hoc GIS Task Force. Bakken stated it was written by IWC. Potasnik asked if the GIS Task Force came forward with a recommendation. Bakken stated that the GIS Task Force provided the cost recommendations on page three of the literature. Potasnik asked if the variable costs provided in the literature was for the purpose of Gis Task Force discussion only. Bakken repled that the cost variable were discussion only. Potasnik asked if any of the municipalities in the literature decided not to participate would the cost figures be re-weighed. Bakken stated that the figures would be re-weighed and that if a group came in later, the new group would pay the recommended share and it would be rebated to the other participants. Potasnik asked if this project was comparative to what the City already had in-house, what type of update costs were involved and was the City capable of updating the project in-house. Bakken stated that after the aerial photography, the ground survey and the digitizing to an accurate base, the updates are then relatively inexpensive and would be necessary every two to three years. Potasnik asked Jerry Spicklemire, CAD technician for the City of Carmel Department of Community Development, how the Hamilton County Mapping proposal differed from what the City had in-house. Spicklemire stated that the City did not have the capability to do this project in-house. Spicklemire stated that the City had a lot of data that creates fairly useable maps for some purposes, but not comparable to the Hamilton County mapping proposal. Spicklemire stated that once the City had an accurate base map, a lot of data in the Citys' computer could be used as overlays on the new base map. Potasnik asked if the accurate base maps were necessary for the work the city does and did the city now use the county's map. Spicklemire stated an accurate base for Hamilton County did not exist. Spicklemire stated the City had the capability of copying accurate bu small maps onto the computer, for example, sub-division plats, but nothing existed to place an entity in a given map space. Spicklemire said the City could not build a long term mapping system without that ability and, therefore, it was essential to build a long term mapping system. Ogle asked if the amounts were determined for each entity by the use of land area or use of data. Bakken stated three formulas were used, 1) number of parcels in each jurisdiction, 2) area the City/Township covers versus the whole county and 3) a conglomeration of the first two formulas. Irvin inquired if the Carmel/Clay shown on the proposed funding literature included the City of Carmel and Clay Township combined. Bakken stated that it was a combination of both including Planning and Zoning, the Fire Department and the Clay Township Regional Waste District. Adams asked the Clerk-Treasurer to add an item for OTHER BUSINESS: Red Ribbon Week to the next agenda. Adams stated that he had received a written request to pass a Proclamation outlining October 19th through the 27th as Red Ribbon Week. Lonzo made a motion to request advertising for an additional appropriation for health insurance for the Fire Department totaling $40,387.15. The motion was seconded by Ogle. All members voted aye. Motion carried. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ___________________________ Approved: ___________________________ Attest: ______________________________