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HomeMy WebLinkAboutCCM-02-02-76MINUTES OF CITY COUNCIL MEETING FEBRUARY 2, 1976 The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Pickett, who presided. Councilman Reiman gave the invocation and Mayor Pickett led the pledge of allegiance. All council members except Councilman Dean, who arrived at 7:33 p.m., were present when roll call was made. City Attorney and Clerk-Treasurer were present also. Councilmmu Swift moved to dispense with the reading of the minutes of the last regular meeting and approve them as received, Councilman Meacham seconded it and it passed unanimously. BOARD OF ZONING APPEALS RULING: Mayor Pickett stated he had had an inquiry on the legality of a vote that was taken by the Board of Zoning Appeals on the Harry Elliott Auman Addition project. City Attorney stated that the 1975 legislature now requires a fifteen day notice before a hearing could be held before the Board of ZoningAppeals, which would supersede Carmel's requireme::t, and that in itself would produce an illegal vote, and also, a decision was reached that night, after which it was open to the public for another vote, which was ou~of order. Unless it is voted on by the majority of the members, a vote should not have been taken. Mayor Pickett is to send an advisory note to the Board of Zoning Appeals to have a re-vote on the case. RESOLUTION DEFINING WATER SERVICE AREA: Mr. Herb Zinsmeister, of Clyde E. Williams-~ Co., appeared before the Council to explain details of the proposed resolution defining water service area. Mr. Zinsmeister presented the Council with a water distribution system master plan map. Mr. Zinsmeister stated the basis of the original service area encompassed the area from White River on East, Washington Township Line on North, the County Line on South, and Towns Road on the West. The proposed resolution would decrease the water service area so that both developers and the city could save money by installing smaller mains. West boundary would be Spring Mill Road. Mr. Zinsmeister stated we had two alternatives for watermmore supply and more plants--or more storage. For storage, which is less expensive on a capital basis, needs to have a site. For the site to be determined, the boundaries must be determined. Councilman Reiman stated she would like to know more about it and asked if there was an emergency at this point to need the boundaries established. Mr. Zinsmeister stated there was no emergency now, but when an emergency does arise, it still takes 1~ years to build facilities to overcome it and if added facilities are to be built to serve the Carmel area, you must know the area you are going to serve. Councilman Garretson stated he felt we would be puttio~ ourselves in a precarious position, at best, for future annexation by reducing the water service area. Mr. Ed Nickell, of Concord Builders, stated he felt if people wanted to develop ~rea II, they should be allowed to develop it, but at their expense. Mr. Ken Thompson, of Schutz and Thompson, stated they wanted and needed water and felt it was imperative to plan for it. Councilman Swift moved that a cost study on the situation be authorized to determine the difference in cost, both the per acre availibility charges and the cost to the taxpayers throug~ oversizing. Councilman Garretson seconded the motion. Councilman Coots stated he would recommend the Council defeat the motion because he felt it was foolhardy to pay for a study that would tell us what we already knew. He stated the cost was not the problem~ere faced with. Councilman Swift withdrew his motion. Councilman Coots moved that the Council as a whole or in sub-committee make necessary inquiry within the next two weeks and to conduct a public hearing calling forward developers, City Engineer and representatives from Clyde E. Williams & Co. so as to answer all the questions the Council might have, in particular areas that are being served and what the present plan contains in terms page 2. of sizes of mains, the cost as now planned and then bring the resolution before the Council for a final vote on the meeting to be held the 16th. Councilman Swift seconded the motion and it passed 6-1, Councilman Dean voting nay. Meeting was recessed at 9:20 p.m. Mayor Pickett reconvened the meeting at 9:25 p.m. Councilman Coots announced the public hearing as mentioned in the motion just passed, would be held Tuesday, Feb. 10 at 7:30 p.m. This will be an informal subcommittee meeting. SNOW ORDINANCE: City Attorney read proposed ordinance requiring the removal of snow from sidewalks abutting business establishments and the removal of weeds, high grass, debris and rubbish from between sidewalks and streets abutting business establishments and from vacant lots and providing a penalty. Councilman Coots moved to amend the ordinance to have it redrafted exempti~ Sunday from the requirements of the ordinance, to provide a provision for the city to hire or accomplish by its own personnel the objective of each sections 1 and 6 and thereafter to assess the cost to the property owner on the tax rolls and to amend it in paragraphs 3 and 4 that notice shall be as that constitutionally required and that is by registered mail, or copy served at the last known address or by personal service as is presently contained in the ordinance. Councilman Ga~retson seconded the motion. Councilman Swift moved to amend the motion to include $10 for the fine figure. Councilman Dean seconded the amendment and it passed unanimously. The amended motion then passed unanimously. STATE PLANNING SERVICES AGENCY RESOLUTION: Proposed resolution requesting the State of Indiana acting through? the State Planning Services Agency make application to the Department of Housing and Urban Development for a grant to provide~planning ~ assistance for a planning project for Carmel and Clay Township was read by CounciLman Coots as follows: Resolution of the Carmel City Council, Carmel, Indiana requesting that the State of Indiana acting by and through the State PlanniD~ Services Agency, make application to the Department of Housin~ and Urban Development for a grant to provide planniD~ assistance for a planning project for Carmel and C~ay Township and pledgio~ funds to pay for its share of the project. WHEREAS, the Carmel Town Board of Trustees in the State of Indisna by ordinance did, on the 9th day of August, 1960, provide for the creation of the Carmel-Clay Plan Commission and whose members now have been duly and properly appointed; and WHEREAS, the Carmel-City Plan Commission is now duly constituted and operating under the authority vested in it by the above men- tioned ordinance; and VWHEREAS, ~he Carmel-City Plan Commission has determined that in order to improve the quality of life of the citizens of Carmel and Clay Township, it is necessary to plan for its development and growth by the preparation of a compre- hensive development plan; and WHEREAS, under the provisions of Section 701 of the Housing Act of 1954 as amended, the Department of Housin~ and Urban Development is authorized to make grants to the State of Indiana acting by and through the State Planning Services Agency, for the provision of planning assistance to cities, munici- palities and counties; and WHEREAS, the Carmel Town Board of Trustees passed its resolution on June 4, 1975, committing funds for the Carmel-City share of the cost of the preparation of the plan, which amount shall not exceed Five Thousand Dollars ($5,000). NOW THEREFORE BE IT RESOLVED by the Carmel City Council as follows: 1. That it is desirable and in the public interest that the Carmel-Clay Plan Commission prepare a comprehensive development plan. 2. That the Carmel City Council, Carmel, Indiana hereby request that the State of ID_diana acting byand through the State Planning~Services Agency provide such planning assistance as may be available under Section 701 of the Housing Act of 1954 as amended. 3. That the application for urban planning assistance by the Carmel-Clay Plan Csmmission to the State of Indiana acting by and through the State Planning Services A ency, said application having been submitted to this body and page having been duly reviewed and considered, is hereby approved. 4. That sufficient funds will be available to pay the city's share of the cost of the preparation of the plan, which amount shall not exceed Five Thousand Dollars ($5,000). Passed and adopted by the Carmel City Council, Csmmel, Indian~ on this ~ day of February 1976. Mayor Picktett pointed out that there was no money appropriated for this. Councilman Coots moved to vote on the resolution tonight, Councilman Garretson seconded it amd it passed unanimously. Councilman Coots then moved for adoption of the resolution amd in the event we are unable to transfer funds within the budget, to begin a special appropriation procedure. Councilman Dean seconded it and it passed unauimously. PUBLIC LIABILITY INSURANCE: Councilman Coots asked if there was sufficient interest among the Council in obtainingmore information on liability insurance to cover public officials and employees who might be sued for wrongful acts. City Attorney Kern stated there is an immunity from liability for discretionary duties of all city employees. He stated, however, that the state legislature thinks there is a problem in the statue and had a bill before it relieving them from that liability. Mr. Kern stated he would talk to Senator Duvall by the next meeting. Councilman Doane moved to table the matter until the next meeting, Councilman Reiman seconded it and it passed unanimously. TRASH PICK-UP: Councilman Coots suggested the Board of Public Works look into the matter of licensing scavenger service companies. Mayor Pickett stated he would follow up on the matter. COUNSEL FOR PLAN COMMISSION: Councilman Swift recommended that the Plan Commission and Board of Zoning Appeals get on with hiring of their own attorney. Mayor Pickett stated he would follow up with a memo by the next Plan Commission meeting. CITY COUNCIL ATTORNEY: Councilman Swift stated he would ' like a clarification o£ whether or not Mr. Kern's services would be available to the Council. Mr. Kern stated anyone could call him before a meeting and discuss any matter, but he did work directly for the Mayor. Councilman Swift stated the attorney should advise them of any errors made before advising the newspapers of such. EDC APPOINTMENT: Councilman Garretson moved to postpone the EDC Council appointment until next meeting, Councilman Doane seconded it and it passed unanimously. M0~THLY REPORT: Utilities ~r, Jim Boughert~ presented the Council with a monthly report from the Utility Department. Mayor Pickett stated the other reports from the remaining departments would be forthcoming within the week. PROPERTIES COMMITT~: Councilman Swift moved that a properties committee of three (Mayor and two other~appointed by the Mayor) be set up to study the city's needs and come back to the Council with a recommendation on whether or not to buy any property the committee might see fit to serve our future needs. Councilman Meacham seconded the motion and it passed unanimously. Councilm~u Dean stateJhe would like Mr. Hinshaw to be appe~. There being no further business, Councilman Meacham moved to a~journ, Councilman Dean seconded it and it passed unanimously at 10:45 p.m. ~.'"~ ..... ~b~r~ B. ~ic~e~t,~M~y~ PeggY Lou Smith, Clerk-Treasurer