HomeMy WebLinkAboutCCM-08-30-76 MINUTES OF qHE
CITY COUNDIL MEETING
August 30, 1976
The regular meeting of the City Council was called to order at 7:35PM by
Mayor Pickett, who presided. All members except Jaue Reimou and Dr. Dean
were present. Dr. Dean arrived at 7:40 PM. City Attorney snd Clerk-
Treasurer were present also.
Councilm~l Doane gave the invocation and Mayor Pickett led the pledge of
allegiance.
Councilman C-a~retson moved to dispense with the reading of the minutes cud
approve them as received, Councilman Swift seconded it and it t~assed unanimously.
L & N RAILROAD DEPOT: Mayor Pickett stated he had beou in touch with the
Louisville office of L & N Railroad regarding au extension of time on our option
to purchase the depot. Mayor Pickett stated he also had determined the Legion
grounds would be the best location available on which to place the depot. He
stated the Legion representatives were receptive to having the depot placed on
their property. Some kind of lease arrangemout would have to be drawn up. Mayor
Pickett stated it was a possibility they would donate the footings to set it on.
Councilm~n Swift moved that the City place itself on record as favoring the Legion
site and requesting our own comm~ tree of Mr. Meacham, Mr. Hinshaw and the Mayor
to proceed with planning to use that site for the L & N depot. Councilm~n
Doane seconded it and it passed unanimously.
WA~ER SERVICE AREA ORDINANCE: Proposed ordinance ~-47 defining water service area
to be serviced by the Carmel Water Utility was read by the Msjfor. Area covered
was as follows: Bounded on the south by 96th St. east of Keystone Ave., 106th St.
west of Keystone Ave., bounded on the east by White River Clay Delaware Township
lime, bounded on the north by 146th St. and west by Spring Mill Road. Councilman
Coots suggested excluding areas now served by the Indianapolis Water Co., and that
area being contemplated as being developed by Ken Thompson on the northwest portion
of the City bounded by Rohrer Road and down to Smokey Road. Mayor Pickett stated
another ordinance had been prepared excluding the area where Thompson is located
and the Mt. Carmel area but includes Bris~r Creek. Mr. Coots stated he had
prepared one which follows Rohrer Road down to U.S. 31 then south along U.S. 31 to
106th St. over to Gray Road down to 96th St. then up to White River to the northern
border of Clay Township at 146th St. and west over to 146th St. ~nd Rohrer Road.
Mayor Pickett asked Mr. Zinsmeister, of Clyde E. Williams & Associates, if Carmel
had a main running down Meridian St., cotuldn't this carry over to that to Spring
Mill Road. Mr. Zinsmeister stated yes, it could. It would be a relatively simple
matter. Councilman Garretson stated that it was obvious that at the last Council
meeting the majority of the Council preferred doing away with the ordinance
prepared which called for a lesser boundary of Meridian Street. He stated the
Mayor should present to the Council the one ordinance he would recommend the
Council passing. Mayor Pickett stated that would be the first one he read - with
the Spring Mill boundary. Councilman Dean moved to suspend the rules and act on
the ordinance tonight, Councilman Meacham seconded it and it passed unanimously.
Councilman Meacham then moved to adopt proposed ordinance A-47 as read by the
Mayor, Councilman Doame seconded it and it passed 4-2, Councilman Garretson and
Coots voting nay. Councilman Coots asked if an ordinance establishing acreage
charges could now be prepared. Mr. Kern stated the firm of Clyde E. Williams
was already worki~ on it and a proposed ordinance would be submitted to the
Council at their next meeting.
Page
873o/76
SECOND READING S-~0 ORDINANCE.: Proposed ordinance ~S-30, introduced at last
meeting, was ~.ad by title by Mayor Pickett: "An ordinance amending ordinsnce
~-20 entitled. An ordinance repealing ordinauces S-15, S-16 and S-17, and
ordinance establishi~ interceptor connection costs, lateral connection
costs, house connection costs and creating "Interceptor Expansion Fund,"
"Plant Expansion aud Improvement Fund,, and fixing initial equivalent user
tables and connection costs for both developed and undeveloped acreag~ inside
and outside the Town of Carmel',. Councilman Dean moved for adoption, Councilm~n
Meacham seconded it and it passed tuuanimously.
PUBLIc HEARING: CUMULATIVE DR~rW~GE FUED: Mayor Pickett stated he believed
there were Some legal questions on this particular item and called on the City
Attorney to make a statement. Mr. Kern asked if all the Council members received
a copy of Mr. Conklins memorandum. Some of the Council did, some did not.
Mr. Kern stated the problems are #l-it is too late to set up the rate in the
1977 budget and other legal questions which he would be happy, to discuss at le~th
but inasmuch as it was too late, he would recommend just delete it frem the agenda.
Counci~m~u Garretson asked the Clerk-Treasurer to comment. Clerk-Treasurer stated
she had checked the procedure that had been followed with Mr. Campbell, Administra-
tive Director to the State Tax Control Board, who approves ~ol~ levies
been informed everything was in order. Mayor Pickett asked Mr. Earn if he had the
statue and he stated no, but he did have Mr. Conklin's report. Mr. Kern stated
it would be fine with him if the Council wished to pass it then if problems
developed later they would just develop-if they didn't it would be all right with
him also. Councilman Swift stated Mr. Conklin was not an attorney and Mr. Conklin
interpreted that the County Commissioners would have to give some kind of appzova~
to the City and as best he could find out that would not be the case. Cotuucil-
man Garretscn stated it seemed to him the question is whether or not we tho~t
the levy is in the best interest of the City of Csrmel. Councilmau Carretson
stated he felt that inasmuch as future damage to the City drainage in old Town
Carmel will have to be repaired and if we do not take steps to provide the funds
for it, that money will probably have to be borrowed and the constituents will
have to pay an interest rate on top of a charge, he felt it was, without question,
in the best interest of the City. The worse that could happen would be that we
would get stopped later on a problem and he couldn't see cutting our own throats
now. Mayor Pihkett stated from wh~t he could find out, unless you had' a specific
project outlined in detail the funds could not be expe~ed. Councilman Coots
stated that seemed all the more reason to ~lan ahead and make use of the~ funds.
Mayor Pickett stated it was his understanding you comldn't set the fund up without
having a detail plan at the tine it is set up. Councilmau Coots stated that was not
his understanding. Councilmau Swift asked the Mayor who told him that. Mayor
Pickett stated the City Attormeyhad talked to him about it. Mayor Pickett stated
the resolution that was prepared was not legal because it did not have a place
for his signature. Clerk-Treasurer stated it would be a simple matter to draw a
line for his signat-~re to make it in order. Councilman Swift stated we have one
of the lowest tax rates in the state of Zndiana now and he didn't think our first
priority should be to reduce an already low tax rate instea~ of taki~ care of Some
problems we have. Mayor Pickett stated there was some work bei~ done on the
downtown sewer lines. Councilmau Swift asked him how much m~ney he thought it
would cost. Mayor Pickett stated some planni~ would have to be done. ~ouncilman
Garretson stated the entire concept of
a cumulative building fund is to offset
future costs. Schools have been ~sin~ it for years and they can't stay ahead.
What this does is when you meet a problem you have the resources to finsnce it.
Councilmau Coots stated he didn't understand why the citizens of Csrmel should
object to some prior planning and financial responsibility by accumulating
05¢ on the tax levy that they are already paying rather th~u be bonded at a
7~% interest r~te in a few years to tske care of the problem. Proposed
resolution was re~d by the Ma~or. Councilman Swift suggested the M~yor open
the public hearing. Mr. Kern stated it couldn't be voted on tonight anyway
unless there was a unanimous vote to suspend rules. Councilmau Garretson
reminded him it was a resolution-not an ordinance and unanimous vote for
suspension of rules was not necess~rY. Mr. Kern stated a public hearing could
not be held without being advertised. Cl~rk-Treasturer stated it h~d been
properly ~ivertised and posted and copies of the proofs of publication and
certification of posting were available for anyone to review. No one was
present from the public; and the M~yor closed the public hearing. Councilman
Garretson moved to adopt proposed Resolution, Councilman Coots seconded it.
Vote was 3 - 3. Councilman Doane, Meacb~m and Dean voting nay. M~yor voted
n~y. M~tion failed 4 - 3.
pL~BLIC H~.~WTNG - 1~77 BUDGET: M~yor Pickett opened the public hearing for
the proposed 1977 budget. Councilman Garretson asked if councilme~bers were
allowed to participate in the public hearimg. M~yor stated yes. Councilman
Garret~on asked if the councilmans salary could ~ll be taken from the General
fund. Clerk-Treasurer stated it was set up that way by ordinance. Councilman
Coots ~tated he did not believe the amount coted be increased from the ~eneral
ftund during the term of the prese~ members. A change in the ordinance would
have to wait until 1979. Councilman Swift asked about the status of the Utility
budgets. Mayor Pickett stated they were being worked on and would be presented
at a later date. Councilman Dean stated he would like to see reports fzom the
dep~rtments each month. M~yor Pickett stated reports were available to anyone
for review at the City Building. Councilman Coots stated he agreed it waS too
time consuming and expensive to put out so many detailed reports ~hen the
Council, if they so desired, could obtain the information fzom the department
head. No one from the public wished to speak regarding the budget. Public
hearing was closed. Councilman Swift moved to adopt the budget as presented,
Councilmau Meacham seconded it and it passed unanimously. Councilman Garretson
asked if the Council should waive the rules and pass each department budget
separately. Mr. Kern stated the r~les khould be waived but the budget could be
placed blar~ketly. Councilman Garretson moved to suspend the rules and pass on
budget ordinance #D-97 jointly tonight. Councilm~n Doane seconded it and it passed
5-1, Councilman Dean castin~ the nay vote. Mr. Kern stated he felt the budget
had to be passed tonight per state statue. Councilman De~u stated he voted nay
because he felt we should take each department individually. Councilman Ge~retson
moved to suspend the rules and pass on the ordinsnces individually. Councilman
Coots seconded it and it passed unanimously. Councilman Coots then moved for
adoption of the Council budget, D97A, Councilman Meacham seconded it and it
passed unanimously. Counci~ Coots then moved for adoption of the Board of
Public Works budget, D97B, Councilman Doane seconded it ~ it paSsed 5-1,
Councilman Dean voting n~y. Councilman Coots moved for adoption of the M~yor
budget D97C, Councilman Swift seconded it and it passed ~ously. Councilm~u
Coots moved for adoption of D97D, Clerk-Treasurer budget, Councilmsn Meacham
seconded it and it passed unanimously. Councilm~n Meacham moved for adoption of
D97E, Oit~ Attorney budget, Councilman Dean seconded it and it passed ~ously.
Councilm~n Garretson moved for adoption of D97F, FLre Department budget,
Councilman Coots seconded it and it passed unanimously. Councilman Garretson
moved for adoption of D97G, Police budget, Councilman Swift seconded it and it
passed unanimously. Councilman Meacham moved for adoption of Dg~H, Building
Comml ssion budget, Councilman G~rretson seconded it and it passed unanimously.
Page ~
8/ o/76
Councilman Garretson moved for adoption of D97I, City Court budget, Councilman
Coots seconded it and it passed unanimously. Councilman Dearie moved for
adoption of D97J, Plan Commission budget, Councilman Meacham seconded it and
it passed unanimously. Councilman Garretson moved for adoptinn of ordinance
D97K, Economic Development Commission budget, Councilman Meacham seconded it
and it passed unanimously. Councilman Swift moved for adoption of ordinance
D97L, Street budget, Councilman Meacham seconded it and it passed unanimously.
TAX LEVY ORDINANCE: Councilman Coots moved to adopt preposed ordinance #D-98
~fixing the rate of taxation with the deletion of the .05¢
cumulative drainage fund levy and that the tatal of all levies be retained at
a $1.55 on each $100.00 taxable property. Councilman Meacham seconded it and
it passed 2-2. Councilman Garretson and Dean voting nay. Councilman Dean
stated he would like to have all dep~rtment heads here in the fut~are.
POLICE AND FTMMMEN 1~77 SAi~n~ 0RDZNAMCi.;: Councilman Meacham moved to suspend
the rules and vote on proposed ordinance ~D-99 tonight, Councilman Swift
seconded it and it passed unanimously. Councilman Meacham moved to enact
proposed ordinance ~D_99' Councilman Swift seconded it and it passed unanimously.
Meeting w~s recessed at 9:15 PM.
Meeting was re'convened at 9:27 PM
Z-149 ZONING ORDINANCE AM1~vnM~T: Councilman Swift explained proposed ordinance
~Z-l~9. He stated the Plau Commission attorney did the draft of the ordinance on
recommendation from the Plan Commission, after receiving a letter from h~m to
consider amendiu~ zoni~ ordinance ~Z-11, to delete ~he section that allows
business in residential or other zones through a special exception, councilman
Coots moved to suspend r~les and act on proposed ordinance ~Z-149 tonight,
Councilman Swift seconded it and it failed 5-0. Councilman Dean abstaining.
Councilman Coots moved to introduce Proposed ordinance ~Z_l~9' and Councilman
Doane seconded it.
_TRANS.~'~-~ FUNDS 01~BT~AT~G~ ~B_~7: M~yor Pickett read proposed ordi~ce ~97,
tr~sfer~ f~ds ~in ~e Police, F~e, Street, ~or, ~ner~l ~d ~l~
Co~issioners budgets. Co~ci~ Coots asked Police Chief ~ey what the $1,800.~
w~ needed for. ~ief B~ney stated it was for ~d lights, sire~, ba~s, etc.
Co~ci~ Coots asked about the $~00.00 for statione · -
sta~ed t~ n~er of complaints ~d inc~ase~~11~$ ' ~ ~d P~tl~l ~ef ~ey
~ef ~ey stated he presently ~d $200.00 ~ t~ acco~t ~ he ~ticipated
need~g $~00.~ for ~e bal~ce of the ye~ e~endi~es. He stated ~ey ~d sent
about $1,000 ~is ye~. Counci~ Meach~ moved ~ suspend ~e ~les ~d p~s on
the ordin~ce ~is even~g, Co~ci~ Do~e se~nded it ~d ~e ~te w~ 5-1.
Co~ci~ ~ift voting ~. C~i~ Coots moved for adoption of first ~,
Co~ci~ Meach~ seconded it.
There being no further business, the meeting was adjourned at 9:45 PM.
Peggy Leu Smith, Clerk-Treasurer
Albert B. Pickett, Mayo~r