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HomeMy WebLinkAboutCCM-10-04-76 MINUTES OF THE CITY COUNCIL MEETING October ~, 1976 The regular meeting of the City Council was called to order at 7:30 PM by President Pro-Tem Fred Swift, in the absence of the Mayor. All council members were present. City Attorney and Clerk-Treasu~rer were present also. Councilman Reiman gave the invocation. Councilman Swift led the pledge of allegiance. Councilman Coots moved to dispense with the reading of the minutes and approve them as received, Councilman Meacham seconded it and it passed unanimously. DADS CLUB LEASE: ORDINANCE #B-~: Councilman Swift passed copies of proposed ordinance authorizing the City of Carmel to enter into a lease agreement with the Cai"mel Dads Club which had been introduced at the last meetiDg. Councilman Dean stated he had talked with F~r. Friedman, owner of the property surrounding the area proposed to be leased to the Dads Club, and had been informed it met his approval. Amount of liability coverage was cha~ged from $300,000.00 to one million dollars. Councilman Garretson moved for adoption of proposed ordinance, Councilman Dean seconded it and it passed unanimously. STOP SIGN ORDINANCE ~B-101: Proposed ordinance amending Ordinance ~D-T1 which the ordinance is entitled, "Ordinance establishing locations of stop and yield signs at intersections within the Town of Carmel, Indiana", was read by Counc~lm~n Swift. Copies were distributed to the other councilmen. City Attorney stated he would type in Councilman Doane's recommendation of no right turn on red at the intersection of Main Street and Range Line Road. Councilman Swift stated the record would show it as being introduced. SHOSHONE DRIVE DEVELOPMENT: Councilman Reiman stated shehad been contacted by the Building Comm~ssloner on the question she had at the last meeting regarding the Shoshone Drive Development and had been informed that everything was in order. POLICE & FIRE DEPARTMENT RULES AIfD REGULATIONS: Councilman Swift stated that most cities adopted the rules and regulations for the Fire and Police Departments in ordinance form and he thought this council should consider doing that. He stated the reason for that is so the rules would not be so subject to politics. Council- man Swift stated also that the Indiana Association of Cities and Towns suggested that be done. A copy of the Fire Department Rules and Regulations was given to each councilman. Councilman Swift stated that inasmuch as the Police Department rules were so lengthy a copy need not be made for each councilman but would be available for review in the Clerk-Treasurer's office. Mr. Kern stated that the City Council could approve them but it was his opinion that the state statues gives full power of adoption of the rules to the Board of Bublic Works & Safety and or the Police Comm~ssloners. Councilman Swift suggested the Council review them and consider it at a later date. THOMPSON RE-ZONE: Councilman Swift stated he had been notified that the attorney for Schutz & Thompson would not be able to be at the Council meeting tonight and therefore the re-zones which had been put on the agenda should be postponed to the next regular meeting. Councilman Garretson moved to table the re-zone items until the meeting of the 18th, Councilmmu Meacham seconded it and it passed unanimously. Mr. Kern suggested each councilmember visit the scene of the proposed re-zone areas and anyone voting "no" should put in the record their reason for voting "no". Councilman Swift suggested the Clerk-Treasurer send each councilman copies of the proposed re-zone ordinances prior to the next meeting. Page 2 TRANSFER FUNDS ORDINANCE ~B-100: Councilman Swift read proposed ordinance transferring funds within the Police and MVH budgets. Councilman Ga~retson stated he felt a more orderly procedure for proposed transfer of funds ordinances would be to send a copy of the proposed ordinance with a letter attached from the department head explaining the reason for the transfer,alongwith the agenda. Councilman Coots moved to suspend the z~-les and act on the ordinance tonight, Councilman Doane seconded it. Vote was 4 ayes, 3 nays. Councilmen Reiman, 1%~e~em~uud ~etsoD voting nay. Ordinance was shoW~ as bei~ introduced. ~ ~ ~~ MORTGAGE FORECLOSURE ON LOCAL APARTMENT COMPT~: Councilman Swift stated it had been called to his attention that one of the apartment complexes which the City serves with utilities, Mohawk Hills, had a foreclosure action brought against it. Mr. Kern stated he had talked with the attorney for the mortgagee and had been informed that they are not puttin~ them in receivership but had taken over the payment of all their bills. Mr. Kern stated there was nothiD~ else the City could do to protect itself. All utility bills were up to date at the present time. Councilman G~rretson stated a more appropriate deposit should be considered for apartment complex owners. Mr. Kern stated that was possible but would have to be 'approved by the state. Mr. Kern stated the Board of Public Works would kook into it further. BOARD OF PUBLIC WORKS SU~DULE: Councilman Reiman stated she had checked with some other cities and had been informed their Board of Public Works meetings were held in the evenings and she wondered if perhaps the Board of Public Works might want to consider changing their meeting schedule from 3 PM to later in the evening so working people might attend. Mr. Kern stated the meetings were not held at a regular time becuase they may go for a long period of time and have nothing to vote on. Councilman Reiman stated she thought they were at ~a set time. Mr. Kern stated no they were not. Councilman Reiman asked what they did if the public cane and a meeting was not held. Mr. Kern stated he didn'~ know what they did on those occasion. CONSULTANT STUDY REQUEST: Councilman Re,man stated she was under the impression when the council had ~eed to contract with Conklin Associates that the Mayor had stated and the Council concurred that any member of the Council could use Mr. Conklin on behalf of the City. Councilman Reiman stated she would like Mr. Conklin to do a study on all available property in approximate downtown area of Ca~rmel that would be available for purchase large enough for a city building for the future. Councilman Re~m~u stated the study would be more comprehensive if a consulting firm did the study for us inasmuch most of the councilmembers were employed. Councilman Reiman stated, however, that she had received a letter from the Mayor stating all questions of Clyde E. Williams should go through him first and would that apply to Conklin also. Councilman Swift stated in his opinion she wouldn't have to check with the Mayor first. Councilman Swift stated the letter from the Mayor had come in response to one from the Clerk-Treasurer. He then read both letters. Letter from Clerk-Treasurer stated she had been informed by Steve Uhrick, of Clyde E. Williams, that all informat ion requests ~ were to go through the Mayor. Councilman Doane stated she felt we should go through the Mayor for everything, including any request of Mr. Conklin. Councilman Reiman stated Mr. Conklin had told them they could call him anytime. She stated she did not feel free to call the Water Utility Department head or the Police Chief. She asked if her next door neighbor would be allowed to call anyone they chose. Councilman Garretson stated he disagreed with Councilman Doane and felt any one employed with tax dollars or money held in trust by a government unit such as u~ility money, is serving the public, and anyone being paid by those dollars is serving the Public, including the consultants and if government has a bad name it is because of secrets, closed meetin~ where things a~e done behind the scenes. There are laws being introduced in legislature called the sunshine laws, and you can see what causes the P~ge 3 o/ /76 need for such laws. He felt to cut any information off under the guise of procedure, or better communication is just a guise. Councilman Swift asked Mr. Eern's legal opinion on the M~yo~s statement which said, "All communications with the Clyde E. Williams firm or other firms doing business with the City be correlated through the office of the M~yor."' Mr. Kern stated he didn't know if it was legal or not legal but he or the Board of Works employ these people and they would do what he wants them to. Mr. Kern stated he felt the Mayor simply wanted to know what was goi~ on. Councilman Swift stated he was not going to pay any attention to it because there is no law that says he could be forced by the Mayor of Carmel not to ask for something from Clyde E. Williams or anyone else. Councilman Garretson left at 8:25 PM. RE-CODIFICATION OF CITY ORDINANCES: Clerk-Treasurer stated she had had a number of requests from citizens wanting a published booklet they can purchase listing the City ordinances. Inasmuch as we ~re a City now, she felt it was time to re-codify the ordinances and review all of them and sort out outmoded ones since they date back to the late 1800's. A consultant firm had priced the endeavor at $6,000. Clerk-Treasurer stated she had checked with the State Planning A~ency and had been informed there could possibly be a grant available and a request would be needed from the Mayor. Councilman Coots moved a resolution be prepared so the council could vote on it, Councilman Doane seconded it and it passed uma~mously. RAI~0AD STATION: Councilman Meacham stated he h~dbeenunable to set up a meeting with a representative of the American Legion to discuss placement Of the railroad station on their property. Councilman Meacham stated he expected the meeting~0 be arranged in the near future. There being no further business, the meeting was adjourned at 8:30 PM. ATTEST: Peggy Lou ~nith Clerk-Treasurer