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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