HomeMy WebLinkAboutCCM-05-17-76 MINuTeS OF THE
CITY COUNCIL MEETING
MAY 47, 1976
The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor
Albert Pickett, who presided. All members were present. City Attorney and Clerk-
Treasurer were present also.
Councilman Reiman gave the invocation and led the pledge of allegiance.
Councilman Swift moved to dispense with the reading of the minutes and approve them as
received, councilman Meacham seconded it and it passed unanimously.
Talbert-Roessler Property: Mayor Pickett stated the option on the Talbert-Roessler
property expired on the 12th of May and extended two weeks. He stated there is some
doubt that the parties interested would ge ahead with it. Mayor Pickett stated he
had talked with the realtor, Bill Thornberry. Councilman Meacham moved that the Council
authorize the Board of Public Works to negogiate with the owners of the Talbert-Roessler
Lumber Co. to get an option on the property and tske appropriate steps to purchase the
property. Councilm~u Doane seconded it. Councilman Coots asked if the motion gave the
Mayor and Board of Public Works permission to negogiate at whatever price they wanted to.
Councilman Meacham stated yes, the price would be somewhere around $400,000.00. Purchase
would probably be a lease buy arrangement. Councilman Garretson stated he was not con-
vinced yet that it was worth that much to the city. Councilman C~arretson moved to amend
the motion by striking the reference to purchase the property. Councilman Coots seconded
it and the amendment passed 6-1. Councilman Reiman voting nay. Councilman Coots stated
he would feel more responsible if the Council limited the Board of Public Works to an
amount to expend for an option without prior Council approval. Mr. Ed Nickell stated the
percentage paid for an option on property generally was set ~t one per cent of the purchase
price, or in this case $4,000.00. Mayor Pickett stated he would not be in favor of puttio~
up money for an option unless we had intentions of parchasi~ it. Councilman Garretson
stated the Council had asked that other possibilities be explored and he would like to see
them~ Co~ncilm~n Doan~ ~tate~ she would like to see the land for the City building be
located in the downtown area and the price would just increase over the years. Councilm~
Reiman stated she had talked with Mrs. Mueller and her five acres are still available.
Councilman Swift stated the Council had asked at a prior meeting to see what we could
purchase the Cristy Corner for and also find the price tag on Economy Elevator tract.
Mayor instructed Councilman Meacham and Phil Hinshaw get together with the owners of those
pieces of property and get the facts and figures together by the next meeting. Council-
man Meachamwithdrew his motion.
Carmel D~ive and ~4~1 Traffic Control: Mayor Pickett read letter John Donaldson had
sent to the Secretary of State Highway Commission concerning our request for traffic
control light at the intersection at Carmel Drive and #434. He also read a copy of the
reply the Secretary had sent Mr. Donaldson stating the traffic division had conducted
a study that had found the intersection does warrant a traffic control light and would
be presented to the commission soon.
Water Availability: Councilman Reiman asked Mayor Pickett the status of increasing the
water availability charges to the developers. Mayor Pickett stated he was awaiting the
study Clyde E. Williams amd Associates were doing on boundaries for water service area
before recommending any cha~ges, and should have the results of the study in about two
weeks. Mayor Pickett stated he was still looking for a site for a water storage tank.
Council requested the Mayor keep them informed on the progress of all the negegiations.
Transfer ~unds Ordinance: Proposed Ordinance ~B-93 transferriD~ funds within the Plan,Police
and General budgets, was ~e~brb~/ Mayor Piekett. Mayor Pickett stated he didn't feel the
Council could legally transfer the funds within the Plan Commission budget because ir'was the
budget established by the last Town Board of Trustees and he didn't feel that a salary account
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could be trausferred. City Attorney stated that if a transfer was made it would have to
be advertised and approved by the State Board of Tax Commissioners. Clerk-Treasurer
stated she ~uderstood that only when spendi~ in excess of the budget and aski~ for a
special appropriation was advertisi~ and State Tax Commissioners approval needed. City
Attorney stated that Ed Murfitt was a new mau at the State Board of Accounts and he
probably wasn't awa~e that this would be a new account in the budget. Clerk-Treasurer
recommended getting a written opinion from them. Councilman Coots moved for adoption of
Ordinance ~B-93, Councilman Swift seconded it. Mayor Pickett stated he would like to know
the amount proposed for the Attorney. Councilman Coots stated proposed amount was $200.00
per month for attendio~meetings and $~0.00 per hour for litigation. Councilm~u Reiman
stated that she felt that the Council needed their ow~n legal representation to find out
what is gei~ on. James Litzsinger, President of Plan Commission, stated he had been
called by City Attorney and was told the claim for Attorney fees of $8~0.00 had not been
allowed and the ouly way to pay the firm was $96.00 per week, and felt the City Attorney
was suggesting policy rather than giving legal opinions. Coaucilman Reiman requested
City Attorney to be present at the Plan Commission meeting tomorrow night so that they
could have legal counsel and to ask for a continuance on the present litigation. City
Attorney stated he would obtain continuances on all pending cases but would not attend
the Plan Commission and BZA meetings. Councilman Garretson moved to suspend the rules
and allow the passage on the ordinance tonight, Councilman Re,man seconded it and it
passed unanimously. Motion for adoption was passed unanimously.
Leasing Land to Dad~ Club: Mayor Pickett stated the Board of Public Works had agreed
to lease the Park land behind the Carmel Hills Apartments to the Dad's Club. Council-
man Swift questioned the Board of Public Works right to do that. Mayor Pickett stated
the Board of Public Works was trustees of City property. Councilman Swift read a statue
stating the Common Council of every City had authority to pass ordinances for control
of its property. He stated that the Board of Public Works took care of upkeep. He stated
he felt the lease to the Dadts Club should be granted but through the proper chaunels.
City Attorney stated when the lease was prepared it would be broo~ht to the Council,
Economic Development Commission: Mayor Pickett stated members of the Economic Development
Commission had been sworn in earlier this evening.
Speed: Brook@hire area: Councilman Coots moved to add ~n item on the agenda, Counc~lm~.
Swift seconded it and it passed unanimously. Mrs. Darrell Jackson, of Brookshire stated
the Homeowner's felt the speed in Brookshire should be lowered. Mayor Pickett suggested
Police Chief Barney, City Engineer and representatives of the homeowners get together and
bring recommendation back to council for action.
Street Si~s: Brookshire: Mrs. Jackson asked if the City was going to replace missing
street sig~s in Brookshire, City E~ineer stated the sig~s were on order and probably
would arrive in about 60 days. They would be replaced at that time.
~enda: Mayor Pickett stated he would like for the Council to call him in the future
for agenda items so he can be more aware of what is geiug on. Council~u Garretson
stated he assumed the Mayor received the ~enda the same time as the Council members
with prior notice of what is on it. Councilman Swift stated the Council had set forth
rules in January stati~ agenda items were to be given to the Clerk-Treas~trer by a
certain time. Board agreed by concensus not.to cha~e the rules and continue having
the Clerk-Treasurer prepare the agenda.
There being no further business, the meeting was adjourned at 9:1~ p.m.
ATTEST
Peggy Lsd Smith, Clerk-Treasurer
A~e~t-B. p~cl~e~t, VMayor I