HomeMy WebLinkAboutBOT-12-09-75 MI~u,'~S OF THE
BOARD OF TRUSTmmS MEETING
DEC~fBER 9, 1975
The regular meeting of the Board of Trustees was called to order at 7:30 p.m. by
President McFadden, who presided. All Board members, Town Manager and Town Attorney
were present.
Trustee Hinshaw moved to dispense with the reading of the minutes of the last regular
meeting and approve them as received after changing the name "Avco" to "Gradle Bros."
in the paragraph on the first page entitled "Hernley Bros. contract".
CLAIM~: Trustee Swift moved to approve claims numbering 5947 thru 6372 totaling
1~-~,703.04, Trustee Beach seconded it and it passed unanimously.
CORRESPONDENCE: Trustee McFadden read letter from League of Women Voters thanking
the outgoing Board for their dedication and time these last four years.
ENGIN~I~.RING FEES: RELOCATING GENERATOR: Utilities Manager, ~im Dougherty, presented
a letter confirming the engineering fee of $1,700.00 from Koelling Associates for
preparation of plans and specifications for relocating existing generator, preparation
of bidding documents, contracts, and inspection of the project during construction.
Generator would be relocated from the 96th Street Wastewater Treatment Plant to the
1st Ave. S. W. Water Treatment Plant to provide emergency power. Trustee McFadden then
read letter from Clyde E. Williams and Asso. estimating their fee to be $3,700.00.
Trustee Beach moved to accept Koelling Asso. engineerim~ bid and authorize them
to proceed with the project, Trustee Stevens seconded it. Trustee Hinshaw asked if the
Town Engineer and Utilities Manager recommended this co. Town Engineer stateJ "no- he
was not familar with them". Utilities Manager stated Watson-Flagg used them. Motion
passed uma~mously. Utilities Manager to notify them.
POLICE CAR BIDS: Trustee McFadden read letter from Police Chief, Lee Dolen, stating
the Board of Police Commissioners voted 2-1 in favor of purchasing four 1976 Fords (LTD)
from Foxworthy Ford. Exceptions to specifications to be one spotlight on the left side
instead of two and an AM radio only, instead of an AM-FM radio. Total purchase price to
be $19,737.04, including trade-in. Trustee Stevens moved to accept the recommendation
of the Police Commissioners and authorize the purchase of the vehicles, Trustee Hinshaw
seconded the motion and it passed unanimously.
EDEN PARK RE-ZONE: ~ THOMPSON:.~Mr. Ken Thompson, and Attorney Doug Church appeared
before the Board to request a re-zone from R-2 to B-3, for Eden Park, located on the
S. E. corner of 126th St. and Keystone Ave. consisting of approximately 14 acres. Mr.
Thompson gave a presentation, explaning what he would build on the area, a shopping
center. Mr. Thompson presented a letter to the Board from F. Joseph Viehmann, Si~A,
stating that in his opinion the rezoning and ultimate construction of commercial properties
on the acreage will have no material effect on the value of nearby single family residential
properties. Trustee McFadden read resolution from Plan Commission recommending denial of
re-zone request of Eden Estates Co., Docket #13-75Z. Trustee McFadden then read proposed
Ord. ~Z-148 to re-zone the area. Trustee Hinshaw moved the Town Board uphold the recom-
mendation of the Plan Co,,,ission to deny the request, Trustee Beach seconded it, motion
failed 3-2. Trustees McFadden, Swift and Stevens voting nay. Trustee McFadden then
moved to adopt proposed Ordinance ~Z-148, re-zoning the stated 14 acres from R-2 to B-3,
Trustee Swift seconded it, motion failed 3-2. Trustees Beach and Hinshaw voting nay. A
four-fifths vote is needed to over-r&de a Plan Commission recommendation.
ED ~NO. LTMW RE-ZONE RE, NEST: 106th & KEYSTONE: Mr. Edward E. English and Attorney John
Kyle appeared before the Board to request a re-zone for approximately 2.94 acres located
at the N.W. corner of 106th St. and Keystone Ave. from an S-2 to District Classification
page 2.
Professional Office Building. Mr. Eyle explained to the Board what Mr. English hoped
to build on the property. Mr. Kyle presented to the Board a list of responses to
the remonstrances regarding his re-zone request. Copy of which is attached. Trustee
McFadden read copy of Plan Commission minutes and a resolution from the Plan Commission
recommending this re-zone request of Edward E. English, Docket No. 12-75Z be
Trustee McFadden then read copy of proposed Ordinance ~Z-1~9 re-zoning stated area
from S-2 to District Classification Professional Office Building. Trustee Swift moved
for adoption of Ordinance ~Z-1~9 as read, Trustee Stevens seconded it. Motion failed
4-1. Trustees Swift, Stevens, Beach and Hinshaw voting nay.
0RDINANOE ~--8,~: ~,T~ ~ FIF~E~ ~AT,A~T~.~; Trustee McFadden read proposed salary
Ordinance #B-85, setting the 1976 salaries cf the Police and Firemen at a base s~lary of
$10,076.00 plus $100.00 per year from date of employment for longevity plus officer
compensation. Dispatcher base to be $6,620.00. Trustee Stevens moved to suspend the
rules and pass upon the ordinance after the first reading, Trustee Swift seconded it
and it passed ,,n~,~imously. Trustee Stevens then moved for adoption of Ordi~nce ~B-85,
Trustee Swift seconded it and it passed unanimously.
ORDINANCE ~B-86: Trustee McFadden read proposed Ordinance ~-86 setting the 1976 salaries
of Clerk-Treas. personnel. Trustee Hinshaw moved to suspend rules and act upon the
ordinance after the first reading, Trustee Swift seconded it and it passed unanimously.
Trustee Hinshaw moved to adopt Ordinance ~B-86 as read, Trustee Swift seconded it and
it passed unanimously.
ORDINANCE ~-87: Proposed Ordinance #B-87 giving the remaining Town employees a 6%
pay increase beginning January 1, 1976, was read by President McFadden. Trustee Swift
stated he felt~ a word of explanation was needed regarding this ordinance. He stated
that the new Mayor would have the responsibility of setting salaries for these employees
next year, however, it was this Boards responsibility to adopt an ordinance covering
the employees until such time as the new Mayor elects to do so. Trustee Hinshaw moved
to suspend the rules and act on the ordinance after the first reading, Trustee Stevens
seconded i~ and it passed unanimously. Trustee Stevens moved to adopt Ordinance ~-§7
as read, Trustee Hinshaw seconded it and it passed unanimously.
ANNEXATION ORDINANCES ~-~6 and C-37: Trustee McFadden read letter from Paul G. Smith,
Town Attorney for the York vs. Carmel suit. Indiana Appellate Court had reversed a
lower court decision, ruling against the Town of Cannel. Trustee ~nshaw moved not to
appeal the decision at this time, Trustee Swift seconded it and it passed unanimously.
Trustee Htnshaw stated he would like the record to show that the Board authorizes all
read and police services extended to that area to cease as of tonight.
ORDINANCE ~D-86: President McFadden opened the floor for properly advertised public
hearing f~r proposed Ordi~.,,oe ~D-86. There were no comments from the public. Pwesident
McFadden read proposed Ordinance ~D-86, appropriating additional funds totaling $6,420.00
from the MVH General Fund to Police Budget Funds ~251 and MVN Budget Fund #723. Trustee
Swift moved for adoption of proposed ordinance as read, Trustee McFadden seconded it and
it passed unanimously.
SE±F~RT CLAIM: Town Manager read letter from Mr. Mike Howard, Associate of Town Attorney,
stating he had reviewed Mr. Seifer~s claim against the Town. During construction of
replacing existing 36" C.M.P. with 65" x ~0" C.M.P. along 116th St. to reduce the
frequency of flooding which overran 116th St. and frequently innundated some private
property above the culvert, some damage was done to Mr. Seiferts property. Trustee
Swift moved that in the event legal action is taken against us, our Attorney be authori-''~
zed to enter his appearence in our defense, while he is on our staff. ~Trustee Beach
seconded the motion, and it passed unanimously. ,,~
~vl~w~ w~A~.: Trustee McFadden read letter from the Indpls. Water Co. requesting the
wn C el uth r ze e an t c s t b m
~ 'i'~p~zc f~re ~u~hs o~e~e~l~. ~a~ ~. ~coc~ed ~n ~ma~ ~t~ ~1/76,
Lakeshore Dr. Rental to be $104.00 annual per ~ydrant. Billing to be done monthly.
Trustee Beach moved to accept the rates for the hyrants and to sign the acceptance
page 3.
12/9/75
clause, Trustee Swift seconded it and it passed unanimously.
WOODLANDS LIGHTS~ Town Manager stated he ha~l received a letter from the Public Service
Co. of Ind/ana in response to the request from the Town to install 31 street lights in
the Woodlands area. Mr. Thompson, of Public Service Co. stated that inasmuch as this
area is served by Indianapolis Power & Light Co. there is a legal problem facing them.
Their legal department has suggested the energy charge for these lights ($~.33 per
month) be paid by Carmel and the balance of the $5.26 r~gular monthly charge per light
not be paid until either Public Service Ind/ana and Indianapolis Power & Light merge or
until PSI takes over the territory. In the meantime the $8,~OO.00 placed in escrow by
the Woodlands residents would be turned over to the City ~f Carmel to be placed in escrow
until such time as the merger or taking over of the territory byPSI is c ons,,mm~ted.
Trustee Swift moved to instruct the Town Manager to negogiate as recommended in the letter,
Trustee McFadden seconded it and it passed unanimously.
BI-CE~T~i~NIAL HOUSE: Trustee Swift moved the Clerk-Treasurer be authe~ized to include the
old WaxTen home, being restored by the Bi-Centennial Commission, which is on city property,
on the Towns blanket insurance policy for the year of ~976.
INDIAKAMILLS SUF~0NS: Trustee Swift moved the Town Attorney be authorized to defend the
suit Indiana Mills has filed against the Town of Cam~el to get the Town to abandon the
alley behind their property so they can take ownership, Trustee Hinshaw seconded it and
it passed unanimously.
JOINT APPLICATION SEWAGE WOI~[S GRANT~ FlSH~RS & CAR~EL:~Trustee McF~adden read proposed
agreement for joint application for Step I Sewage Works Grant which had been signed by
the Town of Fishers but not by the Town of Carmel. Inasmuch as there was a number of
typeg~-uphical errors in the agreement, the Board instructed Town Attorney contact the
attorney that prepared it and ask him to rewrite it.
ELKHART AVAILABILITY SUIT: President McFadden read a notice of a ruling against Elkhart
for a su/t filed against them on their availability charges. Trustee McFadden stated
that inasmuch as they were doing things along the same lines as Carmel, it was not incon-
ceivable that it could happen to us. The notice was given to Mayor-elect, A1 Picket%
for his review.
HAMILTONWESTERN UTILITIES: Trustee McFadden read letter from Ralph Wilfong, of F-m~lton
Western Utilities, statiD~he had furnished the Town with certification of cost of North
Plant, showing a total price of $269,799.~1, which is approx~m-tely $20,000.00 ever
the $250,000.00 allocated cost in the contract between the Town of Carmel and F~m~lton
Western Utilities, of which a portion, $28,000.0~was for work un the old plant, required
by the State Board of Health. Mr. Wilfong proposed byway of settlement that he pay and
settle all outstanding bills including engineering for Clyde E. Williams & Asso., in the
amount of $22,976.18 provided the Town of Carmel re-imbumse Hamilton Western Utility
$20,000.00 for work done on the old plant. The plant was not accepted by the Public
Service Commission. A discussion was held regarding who authorized the amoug~over
$250,000.00. It could not be determined who had. Trustee McFadden moved that the Town
of Carmel pay w.m~ltonWestern Utilities $~0,000.00 as settlement to the North Wastewater
Treatment Addition and in addition we pay to Clyde E. Williams & Associates $6,55~.~8
for engineering fees on said project and also that we pay to Hamilton Western Utilities
Sho0 EDU that is rightfully due them on availabil~j~es~ Trustee Stevens seconded it and the
motion failed 3-2, Trustees Hinshaw, Beach and Swift voting nay.
STOP AND GO LIGHT: Town Engineer, Fred Hohl, stated the stop and go light should be in
at Carmel Dr. and Rangeline Road before Christmas.
PHILLIPS PETROLEUM: SEWER LII~: Upon the recommendation of Town Engineer, Trustee Beach
moved to accept the sanitary sewer line, for the purpose of m-~ntenance and repair, on
page 4.
property which lies as designated on project installation drawings presented to the Board,
all such dedicated sewers being located in l~m~ted access Right of Way on U.S. 31.,
Trustee Swift seconded it and it passed unanimously. This is subject to a three year
maintenance bond.
DELINQUENT REPAIR BILLS: Town Engineer stated he had been ,m~ble to collect t~o bills.
One bill to Hubbard & Sons for repair to line for $14.59 and the other to H~& H Well
Drilling Co. for $3.30 for water purchase. Due to the fact the cost of collection would
probably exceed the amount collected, the Board agreed he should file them away under
uncollectables and forget about them, but to send them a letter informing them we would
not do business with them again.
GRADLE DRIVE: Trustee McFadden moved that the Town ~k~ineer be directed, within twenty-
four hours, to pull down the Gradle Drive sign on Rangeline Road amd erect at both ends
of the street a sign that s~ys "private property-do not enter", Trustee Swift seconded it
and it passed unanimously.
CITY PROPERTY: COMMERCIAL USE: Trustee Stevens questioned the use of a Carmel police
car in a Hendricks Music TV Commercial. Trustee Hinshaw moved that in the future any
commercial connection with any activity in using city property that it must be approved
by the City Council, Trustee Sl~evens seconded ~t and it passed unanimously.
HARRY ELLIOTT SEWER H00K ON: Trustee McFadden moved to approve Ha~ryElliotts request
at last Board meeting, for hook on to the North Sewage Plant for 3 lots, Trustee Stevens
seconded it and it passed 3-2. Trustees Hinshaw and Swift voting nay.
There being no further business, the meeting was adjourned at 10:35 p.m.
Peg~g~ Lou ~mith, ~6~lerk-Treasurer
William D. McFadden, President