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HomeMy WebLinkAboutCCM-06-07-76MINUi~S OF THE CITY COUNCIL MEETING JUN~ 7, 1976 The regular meeti~of the City Council was called to order at 7:33 p.m. by M~yorAlbert Pickett, who presided. All members were present. Clerk-Treasurer and City Attorney were present also. Co~ucilman Reimam gave the invocation and M~yor Pickett led the pledge of allegiance. Co~2~cilmm~ Swift moved to dispense with the reading of the minutes and approve them as received, Councilm~u M~acham seconded it and it passed unanimously. Dads Club Lease: City Attorney stated he h~d contacted Dads Club Attorney and they were not desirous of leasing the City owned 7 acre park land behind Inn Gate Apartments until next spring. Mayor Pickett stated he would follow up on what is being done to the property and report back. Water Service Area: Steve Uhrick, of Clyde E. Williams and Associates appeared before the Council and presented a m~ster plan for water system through 1995. This study had been requested by the Council and builders. Mr. Uhrick stated they h~d used a population figure of 48,500 within the service area. He stated the next treatment plant should be on line by 1979. Mayor Pickett stated American Aggregates had given a standing offer on well sites need- ed, Mayor Pickett read proposed resolution definim~water service area that he had presented at the January 19th meeting. Councilman Coots suggested makim~ the study available to the builders. A copy was given to Ken Thompson who was present. Councilman Coots also suggested makim~ it available to the Indianapolis Water Co., Mr. Ub_rick stated one had been mailed. Council agreed by consensus to table the dicussion until next meetim~ to allow time to review the study. Re-zone: Manfred Paul: Mr. Don McCa~t, attorney for Manfred Paul, appeared before the Council to request a re-zone for Lots number 221 and 2l~ in 0tin Jessup Land Company Second Addition to Home Place, from an R-3 to a B-2 zoning classification. Mayor Pfc~ett read minutes of the Plan Commission and resolution stating the Carmel-Clay Plan Commission recommends the re-zone request be approved~and than read proposed Ord. ~Z-148 re-zoning the area as requested. CouncilmamMaachammoved to suspend the rules. Councilman Doane seconded it and it passed unanimously. Councilman Swift moved for adoption of proposed ordinance ~Z-1~8, Councilman Garretson seconded it and it passed unanimously. Meetim~was recessed at 8:22 Meeting was re-convened at 8:32 Transfer Funds Ordinance: Proposed ordinmnce to transfer funds withi~ the MVH, Police and General budgets was read by M~yor Pickett. Councilman Swift asked why the need for transfer within the MVH street budget. City ~hgineer Hohl stated the money covers the over-run on the budget to resurface Circle Drive in Rolling Acres. Councilman Dean stated the $1200 transfer within the General budget was for the hiring of an attorney for the Council and he did not feel we needed one. He stated it should be discussed in preparim~ the 1977 budget. Conneilmm~ C~rretson stated he asked that the transfer be m~de and explained that the tramsfe~ amd passage of the ordinance does not meamwe will hire one, it just makes the funds avail- able to do so. Authority to hire an attorney would have to be voted on again by the Council and it would take a m~jority vote. Councilman M~acham read a 19l~ opinion from the Attorney General statingmoneyfrom the City treasury could not be expended for hirim~ of an attorney for the Council. City Attorney stated that opinion was outmoded and he felt the Council could hire one. Councilman Re~m~ stated she would like to go on record that she felt the City Attorney has not ca, tied out the requests of the City Council and she was very concerned p~ge 2 about it and felt the Council needed their own attorney. M~yor Pickett stated the Co~uucil can hire eo~nsel only for legislative matters. Councilman Doane moved to amend the proposed ordinance by deleting the general budget transfer of $1200.00, Councitm~u Meacham seconded it. Councilman Coots stated he would like to clarify the legality of the Council hiri~ an attorney and read statue 18-2.~-1 giving the authority. He also stated he felt that the attorney would not be limited to legislative work, and felt the Council would be remiss in their duties if they saw somethi~wro~ occu~ing and did not investigate. Motion failed 3-4, Councilmen Garretson, Coots, Swift and Reiman voti~ nay. Councilam Garretson moved to suspend the rules, Councilman Swift seconded it. Vote was 5 ayes 2 nays, Councilmen Dean and Meacham votio~n~y. Council- man Ga~retson then moved to pass the ordinance for first reading, Councilman Swift seconded it and it passed ~-2. Councilmen Dean and Meachamvotingmay. Burn-et Committee: Mayor Pickett stated after the departments submitted their estimated budgets to him he would get together with the council and review them. Councilman Coots moved to establish a sub-committee of the Council to work with and m~We recommen- dations to the Mayor on the 4977 budget and that Councilmen Swift and Dean and Clerk- Treasurer Smith serve on the committee. Councilman Garretson seconded it andit passed unanimously. Mayor Pickett introduced Phil Conklin, past state budget director, who would be helping him. Court Case Continuances: Councilman Re~m~u stated she would like ex~ptan~tion from City Attorney Kern as to why he did not get continuances in the BZA Court cases as promised at the last Council meeting. City Attorney stated that the BZA were not following proper procedure and filing "findings of fact". He stated the previous attorney, Jehu Pearce, had recommended the BZA not fight the Harz~ Elliott case. Mr. Kern stated the BZA could simply not win it. Mr. Kern stated the reason the BZA did not act properly was because they did not have'legal representation. Mr. Paul Teets, 131 Shoshon~ Dr. asked why the BZA did not h~ve counsel. MayorPickett stated he had suggested many times to the Plan Commission and BZA to obtain an attorney. Mr. James Litzsinger, President of the Plan Commission statedMr. Voland, 197~ Plan Commission attorney, had been informed by the Mayor that he was fired. And the other attorney they had hired resigned because the Board of Public Works refused to pay him. Council~ Coots stated it was his concern that Mr. Kern exercised his "authority" not to pursue the case and he felt he had no right to do that. Mr. Bill Wiggam, 201 Shoshone Dr., asked what would happen now. Mayor Pickett stated he, the City Attorney and the Bldg. Comm. are doing everything they can to see that the BZA is proceeding properly. Mr. Bob Carlow, 104 Shoshone Dr., stated that just because the BZA did net have legal comusel and the people on Shoshone Dr. had to suffer, hejust, couldn't accept that. Mr. Litzsinger asked if there was a state statue on time for fili~ "findings of fact". Mr. Kern stated it should be filed as you ge along. M~yor Pickett stated he was sympathetic to the community on this m~tter and would recommend investigati~ to see if anythi~ could be done. Councilman Swift asked who was going to look into it. Mayor Pickett stated he would. Councilman Swift asked Mr. Litzsi~er if he felt free to hire an attorney now. Mr. Litzsinger stated no, not until payment was made to the other one. M~yor Pickett stated payment of the claim would be carried out tomorrow. Mr. Bob Morey stated he was present at the meeting when Mr. Kern had said he would get continuances and asked if he was 100% sure that the case could not be won. Mr. Kern stated he was 99% s~re. Mr. Larry Nicely stated he felt, as much as everyone didn't like it, the discussion should not continue. Everyone makesmistakes. Mr. Pearce h~d erred when he thought the 3-2 vote of the BZA was a majority when they were a ~i member board. Mayor Pickett left and President Pro-Tem Swift presided over the balance of the meeting. EDC: M_rs. Jearaue Morey, Secretary to the Economic Development Commission, mppeared before the Council to request some operating funds for postage. Councilman C~a~retSon moved the Clerk-Treasurer prepare an ordinance for $400 for the E~C expenses, Councilman Doane seconded it and it passed unanimously. Mr. Bob Yunker, President of the EDC appeared before the Council and stated they had been approached by the Ice Mauagement, Inc. regarding an addition to the ice stadium. Project Cost is $300,000, 1~0,000 of which would come from funds on hand. Ice Management, Inc. was requesting the City to p~ge 3 6/?/76 issue approximately $150,000 of its revenue bonds through EDC to help finance the acquisition and const~ction of the facility. Mr. Yunker read proposed resolution #6776-1, stating the EDCh~d adopted it, setti~forth the Citys good faith efforts to cons~mmate said proceedings and issuance of the bonds. A representative of Ice Management, Inc. was present and gave a s~m~y of the proposed facility. Councilman Garretson moved to adopt Resolution #6776-~, Councilman Reiman seconded it and it passed unanimously. Work Meeting: Councilman Doane stated she felt so much had been presented tonight that it was difficult to digest it all and felt the Council should have one meeting a month just as a "work" session. Council agreed by consensus to meet on Sunday eveni~ at the City building, Councilman Swift to notify everyone of the time. There being no further business the meeting w~s sdjourned at 10:20 p.m. ~i~$rt B. P~ckett, ~y0r