HomeMy WebLinkAboutCC-04-05-76 MInuTES OF
CITY COUNCIL MEETING
APRIL 5, 1976
The regular meeting of the City Council was called to order at 7;30 p.m. by M~yor
Albert Pickett, who presided. All members and Clerk-Treasurer were present. City
Attorney was not present.
Councilman Reiman gave the invocation and Mayor Pickett led the pledge of allegiance.
Counci]m~u Meachammoved to dispense with the reading of the minutes of the last regular
meeting and approve them as received, Councilman Dean seconded it and it passed unanimouslY.
Cit.y Fl~ Resolution: Councilman Garretson moved for adoption of the followi~ resolution:
RESOLUTION NO. 1-4576
RESOLUTION ADTHORIZING CREATION A~D APPOI~ OF A COMMIT"i",.',.' TO SELECT AN
OFFICIAL FLAG FOR CARMEL, INDIANA
WNEREAS, there has been initiated in the city of Carmel, Indiana a contest
to select a permanent flag for the city of Carmel, Indiana, and
WHEREAS the CITY COUNCIL of the city of Carmel, Indian~ is desirous of
h~ving an official fl~g and that such flag be truly reflective of the community
and heritage of Carmel, Indi~u~,
TIt~t~0RE ~E IT RESOLVED that a five member ad hoc advisory committee be
appointed by the City Council to examine all of the entries in said contest
and that said committee select a first, second end third place amo~ the entries
and that those entries worthy of honorable mention be selected by said committee,
and
BE IT FIfRTnsR RESOLVED that the results of the judging will be announced by
the chairm~n of said committee at Founders Day ceremonies to be held on April 13,
1976 in Carmel, Indian~, and that the following prizes be awarded:
1st Place: an outdoor bicentennial flag
2nd Place: a desk set of flags
3rd Place: a book devoted to the history of flags, and
BE IT FURTheR RESOLVED that the followi~ five citizens of Carmel shall be
appointed to said committee: Mr. Philip Hinshaw, Mrs. Stanley Beach, Mrs. Olive
Brunner, Miss Martha Nutt, and Mr. George Stevens, and
BE IT FURTHER RESOLVED that Mr. Philip Hinshaw shall serve as chairman of said
ad hoc advisory committee and that he shall report his committee's results and findings
to the City Council when next it meets, on April 19, 1976.
Dated this 5 day of April, 1976.
signed Albert B. Pickett, Presiding Officer
Councilman Coots seconded it and it passed unanimously.
Clay Jr. High Annexation Ordinance: Proposed ordinance annexing Clay Jr. Hig~ to the
City was read by M~yor Pickett. Councilman Gsrretson stated this was the first annexa-
tion ordinance introduced to the new Council and he didn't feel they should suspend the
rules and pass it tonight. Councilm~n Garretson then moved for adoption of the first
reading, Councilman Swift seconded it and it passed unanimously.
Salary Ordinance: Mayor Pickett read trropo~ed salary ordi~-nce confirming 1976 salaries
of City Attorney and other employees, which had been introduced ~t last meeting.
Councilman Coots moved for adoption of salsmy ordinance ~D-90 as read and Councilman Doane
seconded it. Councilman Garretson stated he would like to enter some reservations he
had about the attorneys sala_wy for the record as follows:
"This ordinance is not a controversial ordinance except for the city attorneys salary,
~nd this had been the one item that caused us initially to rewrite it so that his salary
would be devided between the city utilities and general fund. I intend to vote for this
page
1517
ordinance, Mr. Mayor, out of respect for you and the fact you are starting a new city
administration 8md you have every right to appoint the people you think will do a good
job. From our point of view, it is our job to determine for the citizens of Carmel if
they get their money's worth on any given expenditure. The City Council controls the
purse stri~s. So it seems to me we are going to have to wait until the end of this
year when we pass on next years budget as to whether or not we are getting our money's
worth. For the record, however, I would like to enter these reservations: I'm con-
cerned about the quality of service we get for our money and the amount we are expending
from this particular account. I completely discount the suggestion and the tho~ht that
Mr. Kern will make more than $12,000.00 from some legalmaneuvers~ In the area of quality
of service, Mr. Kern has already suggested to us at one meeting that he may need am
assist~ut and in another meeting he indicated that he had not had time to prepare an
ordinance we had asked him to prepare. In one court case that has come up this year he
has venued it out of the county, thus accrui~ additional expense for local counsel.
We can expect additional e~pense, according to Mr. Kern, for depositions, ccpyi~, etc.
We are getting one man instead of a firm, which means on occassions like tonight we
don't have benefit of counsel. We have an attorney whose majority of practice is in
Marion County when a majority of our litigation is in Hamilton County Court. In the area
of expense, we spent overS3%000.00 last year on attorneys fees. By comDarison $12,000.00
looks good. That was broken dow~ - $25,000 for necessary legal work to acquire the
Indianapolis Water Co., $2,000.00 retainer and the remaining $13,000.00 divided among
~ court cases. On the surface we are getting a bargain at $12,000.00, especially if that
includes a possible bond issue for the acquisition of a water s~orage tank. But I
would like to point out that this city has budgeted $12,000.00 for a city attorney,
$5,000 for an attorney for the Plan Commission and since we ara taking onl~ $~,000.00
of the city attorneys salary out of the general ~fund, that leaves $8,000 in the general
fund for leg-al expenses. In my judgement we could employ a very competent full time
attorney for the same amount of money or less. And with these reservations on record,
which I may refer back to next August, I will vote for this ordinances'"
Councilman Reiman stated she would like to be put on record as also having the same
reservations as Councilman C-a~retson.
Mayor Pickett stated he would have to take exception to the statements which had been
made. Mayor Pickett stated he did not agree we were not getti~ our money's worth.
Mayor Pickett stated in the last two years legal services had cost the city close to
$100,000.00 and he felt the work done on the Indianapolis Water Co. purchase was an
exorbitant amount of money. Mayor Pickett stated under state law a city attorney could
not draw fees - he must be paid by salary. Mayor Pickett also stated there was good
reason for venui~ that case out of the county.
Councilm~n 0cots stated the Council was willing to exceed to the prerogative the Mayor
has to appoint the City attorney butthat at budgetary time in AuA~st other avenues
should be considered.
Mayor Pickett then called for the vote amd it passed unanimously.
Police Overtime: Mayor Pickett stated the overtime ordinance for the police department
discussed at last meetiD~had been prepared but he did not feel it was necessary inas-
muc~ as provisi~na for paying overtime was already established. Councilm~ Swift'
stated he would a~ree that it was not necessary, at this point, to pass it, especially
if the Mayor vetoed it. Councilman Garretson moved that this item be tabled, Councilm~u
Dean seconded it and it passed unanimously.
L & N Railroad Depot: Councilman Meacham read a letter he had received frem L & N Rail-
road Co. statio~ they recommended the City find a small plot of ground to move the depot
to as it was too Close to the track for the safety of persons going in and about the
buildiD~. Councilm~ Meacham stated the committee was still working on locating a place
to move the building.
page 3
Propert~Comm~ttee: CouncilmauMeacham stated he had a call from Phil Hinshaw, who
stated Mrs. Mueller was not interested in selling her property to the City unless the
City g~ve her specific reason for wanting the property and how much we wanted to pay
for it. Councilman Meacham stated he would like to have the Council consider acquiring
the T~lbert-Roessler Property. The railroad depot could be moved to that site also.
Councilman Reiman stated she would rathe~buy enough property so that we could utilize
it for all our needs and would like to have more investigation. Councilman Meacham
stated the Council could consider acquiri~ the whole block. Councilman Doane stated
she liked the a~ea but would like more time to investigate it.
Mueller Ri~ht-of-ws~f for 126th St. Project: Mayor Pickett stated he and the City
Engineer had spent all afternoon with M_rs. Mueller and her attorney negotiating on road
right-of-way, City Engineer, Fred Hohl, was present and gave a review of the dis-
cussion. He stated that for future expansion of the project he anticipated needing
appro~m~&ely 2 acres of Mrs. Muellers property for right-of-way. Mr. Hohl stated they
had communicated to the Muellers the City's desire to have them waive the right of
apprasial and negotiating a price far less than what it might appraise at. He stated
they have a number of concerns, such as drainage and access into the property from
Pm~e Line Road and also she expressed a desire to have the property rezoned. Council-
man Reiman stated she would like to contact Mrs. Mueller regardiD~ this project. Mayor
Pickett stated that it would be alright with him. Councilman Doane stated she was a
friend of hers and would like to go with Councilm~n Reiman. Mayor Pickett requested
a report from them at the next Council meeting.
Public LiabilitF Insurance: Councilman Coots stated he had obtained two quotes and
would be receiving a third soon. Ne stated perhaps we could consider it at budget
time for 1977,
Carmel High School Expansion: Mr. Dave Anderson, Carmel Clay School Business Manager,
appeared before the Council to review the expansion of the Carmel High School. Mr. Jim
Curtis of Janes Associates, the project architect was also present. Councilman Swift
moved the City attorney be authorized to prepare an appropriate ordinance abondoning
the appropriate number of feet of East Main Street in front of the old High School to
even the curb line aloD~ the north side of that street as presented here tonight.
Councilman Garretson seconded the motion and it passed unanimously.
Crosswalk Ordinance: Proposed ordinance providing for the Board of Public Works to
designate cross walks and providing a $5.00 penalty was read by Mayor Pickett.
Councilman Swift moved for adoption on first reading, Councilman Meacham seconded it
and vote was 6 ayes 1 nay. Councilman Coots voting nay.
Street Widths and Cul-De-Sacs: Councilman Coots stated the Plan Commission had re-
quested Mr. Klotz, Mr. Wheeler and himself prepare ordinances to be presented to the
City Council to put in uniform fashion the street widths that presently are requested
by the Plan Commlssion of 30 feet, however, the present ordinance requires 31 feet on
duly plotted subdivisions, therefore, a developer has to go to the Board of ZoniD~
Appeals for a variance then come back to the Plan Commission, Mayor Pickett stated
that m%y variance from the Master Plan would tske action by the Plan Commission prior
to coming to the City Council. Councilman Coots stated he would take it up with the
Plan Commlsslon. Mr. Nickel, of Concord Builders, was present and stated there was a
great need to get this ordinance clarified.
Cable TV Francise: Councilman Swift stated the latest issue of the Indiana Association
of Cities and Towns Bulletin stated that local jurisdictions that granted cable
television franchises prior to 1972 must renegotiate their franchise agreements prior
to the M~rch 1977 deadline in order to comply with FCC local franchising standards.
Clerk-Treasurer had prepared a copy of the agreement between the City of Carmel and
H~milton Co. Cable TV for each of the Councilmembers and Mayor. Council to review smd
discuss at a later date.
4/5/7
Mohawk Place Traffic Problem: Mayor Pickett stated he had been approached by Mr. Narry
Elliott, owner of Mohawk Place Shopping Center, to place some kind of traffic sign up
at Mohawk Place Shoppi~ Center and RaD~eline Road. Mr. Elliott was present and re-
iterated the need for traffic control at that locztion. Mayor Pickett stated he thought
it would be possible to put a passin~ lane on the east side of the road. Councilman
Gax~retson stated he appreciated the Mayor making the Council aware of the problem and
suggested the negotiat£O~s be continued and come back to the Council when Council action
WaS needed.
Additional Police and Firemen: Councilman Reiman asked Mayor Pickett if more firemen
and policemen ~ere goi~ to be hired, as the budget allowed for. Mayor Pickett stated the
Police Commissioners were meeting tonight and would likely hire a new man. He also
stated that before auy additional personnel was hired, the department head must justify
the need.
Police Pension~nd: Mayor Pickett read letter from Malcolm Gunn requesti~a refund of
his contribution to the Police Pension Fund, Mayor Pickett stated he would refer it to
the City Attorney.
There being no further business, the meeti~was adjourned at 9:35 p.m.
Al~6e~t ~. Pi%kerr, v