HomeMy WebLinkAboutCCM-09-19-77MIiIUT.~S O~F THE
cITY COUNCIL MEETING
September 19, 1977
The regular meeting of the City Council was called to order at 7:30 PM by
President Pro-Tem Jim G~rretson, who presided in the M~yor's absence. All
council members, City Attorney and Clerk-Treasurer were present.
Councilwoman Doane gave the invocation. Councilman Ga~retson led the pledge
of allegiance.
Councilman Meachammoved to dispense with the reading of the minutes and approve
them as received, Councilman Dean seconded it and it passed un~u-~imously.
OLD BUSINESS.:
AGE~DA IT~M#1: REPORTFROMMAYOR ON IMPACT 0~ REVENUE TO GIVE SU~DIER sEWER RATES
TO ALL CUSTOMERS: Councilm~n Garretson read letter from Utilities M~n~ger
estimating cost"of rebating summer sewer rates for all city customers as
$82,h66.00 if apartments a~e deleted, if not - cost to be $86,992.00. Utilities
Manager stated the ordinance presently states Industrial and Commercial users
are not eligible, therefore he needed to know two things: (A) Do we intend to
allow this ordinance concerning Industrial and Commercial users? (B) Are apart-
ment units considered commercial? Councilman Garretson stated the M~yor had
informed him that he had a conversation with Mr. McCullough, fiscal consultant,
today and though he had not reviewed it all yet but preliminarily he would think
that if this size of a rebate was granted, there would be a necessity for a rate
increase. Councilman Dean stated he would like to ge on record as opposing it.
Councilman Swift stated he didn't see why there would have to be a rate increase
because this money should be surplus inasmuch as o~_r ordinance specifies s~mmer
sewer rates. Councilwoman Reiman stated she would like to see something in
writing on this r~ther than a verbal presentation. Councilman Coots stated he
felt we had such inadequate information, he didn't feel we could come to any
kind of conclusion this evening, therefore he would move to table the item,
Councilwoman Doane seconded it. Councilman Swift stated if it was tabled, it
would be brought back in the same context and we wouldn't know anymore than we
know now. Motion failed 3-~. Councilpersons Swift, Reiman, Meacham and Garretson
voting n~y. Councilmam Garretson instructed Clerk-Treasurer to inform the M~yor
that we would like from Mr. McCullough for our October 3rd meeting, specific
information in letter form or to be delivered by Mr. McCullough personally, as to
(1) if there is to be a rate increase and (2) why? Councilman Meach~m stated on
Industrial and Commercial users, he would move to exclude Industrial and Commercial
(commercial to include apartments), Councilman Swift seconded it and it passed
5-1. Councilman Coots voting nay. Councilman Dean abstaining.
METRO TRANSP0W~ATION DEPT. NECOMMENDATIONS: Councilman Coots moved to add Metro
Transportation recommendations to the ~ge~da, Councilman Meacham seconded it and
it passed 6-1. Councilman DeanvotingnaY- Mrs. Phil Squier read a statement
(copy attached to original minutes). Mrs. Squier stated she would like to know
why the Mayor voted on September 8th to com~it Carmel to a long range plan of
wideni~ Keystone at a cost to the City of thousands of dollars without
consultation with the Council. Councilwoman Reiman stated following the July 6th
meeting, she wrote to Mr. Schek and Mayor Hudnut and asked who the delegates
were from Carmel. Mayor Hudnut put her on as a third delegate from the City and
said there would be a meeting in November and there would be further discussion,
then all of a sudden, right now, they are getting right to the core of this plan
and the final vote will be Wednesday. She stated it concerned her to be committed
to an Indi~polis Master Plan. It would commit us to Metropolitan busing and to
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millions of dollars. Councilman Coots stated he spoke with Mrs. White, who
also attended the July 6th meeting and she acknowledged the Wednesday meetin~
will be the final presentation before the nine member comm~ssion after which
they will vote to submit that application to the department of transportation
for federal funding and that those concerns voiced here July 6th would not
or have not been made any part of their permanent record, and that any such
concerns should be expressed at Wednesday's meeting. He would recommend that
those most familiar with the plan attend that meeting and in some semblance
present in orderly form basically what was the substance of what was conducted
at the hearing here. Meetin~ to be 1:30 PM Wednesday, September 21st, Second
Floor City- County Building, Indianapolis.
~N~ BUSINESS:
AGENDA ITEM #l: "ADVANCE REFUNDING,, _ UTILI~ ....... ~
stated this item should be tabled un~ - ~ ~ a~_~v.~a~u~ ~O~D.,: Clerk-Treasurer
~ ~ ~a~er ~aze cue ~o the fact representatives
of Traub and Company could not attend tonight's meeting.
AGENDA IT~i~92: REQUEST FORANNEXATION OF FID~LITYB~z Mr. Dou~ Church, attorney
for Fidelity Bank, appes~red before the Council to petition for annexation of the
ll6th and Meridian Street Fidelity Bank. Councilman G~rretson read letter from
Mr. Van Bogen, President of Fidelity Bank statin~ the petition for annexation
which was originally considered by the Town Board in October, 197~, is bein~
resubmitted for consideration at this time. Mr. Church presented copies of the
petition which had previously been submitted. He stated they again would make
the indication that the petitioner would waive any right to the City furnishi~
City water or sewage to the real estate by the City of Carmel. He would recommend
the petition bei~ referred to the City Engineer to determine a means of access
in order that that might be more cles~lyundersto0d. He stated he would prepare
and present to the Clerk-Treasurer an annexation ordinance for the Council's
further consideration at the next meeting. Councilman Coots stated something
that should be accomplished at this time is the deposit of $90,000.00 sum
agreed upon by the Plan Commission as an aid to their sewer construction fund
for that area. Mr. Church stated he would prepare an agreement as part of their
annexation proposal.
AGENDA ITEM,s: ~APPOINTMENT OF COMMITT,.'~.' TO REVIEW UTILITY BUDGET: Councilman
Garretson stated Mayor Pickett had said he would have a utility budget submitted
by September 30th. He then read letter from McCullough & Associates stating the
budget for the utilities should be ready for recommendation to the Council by the
second meeting in October. ~ouncilman Swift moved that a committee be appointed
by the chair with three members and the Clerk-Treasurer serving as an ex-officio
member for the purpose of reviewing the budget of the two City utilities, Council-
woman Reiman seconded it and it passed unanimously.
AGENDA IT~M~: pRDINANCE~____~%MENDiNG SALARY ORDINANCE ESTABL
.......... o. i~roposed Ordinance ~D-130 adding
a humane officer and a sixth dispatcher to the employees of the police department
and which positions will be funded by federal money was read by Councilman Garretson.
Mr. Coots moved to adopt proposed ordinance, Councilwoman Doane seconded it.
Councilman Swift moved to suspend the rules, Councilman Coots seconded it and it
passed unanimously. Motion to adopt passed 6-0. Councilman Dean abstaining.
AGENDA IT~: ORDINANCE ~B-11~ AMENDING SAI,~W¥ 0RDTN~WCE ENACTING SAI,~WTw;:;
FOR ELECTED 0FFIC~T.M: Proposed 0rdi~s~ce #B-11~ was read.~y Councilman
~arretson increasing the salary of Clerk-Treasurer to $1~,~00.00 was read by ~
Councilman C~arretson. Councilman Swift moved to adopt proposed Ordinance ~B-11~,
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Councilwoman Rein~n seconded it. Councilman Meachammoved to suspend rules,
Councilwoman Doane seconded it and it passed unanimously. M~in motion passed
unanimously.
AGENDA ITEM#6: APPOINTMENT OF NEW POLICE COMMISSIO~ERS: Councilman Coots
stated at the meeti~held prior to the commencement of Council hea~ing of
August 8, 1977, his recollection is that the Mayor announced that the police
commissioners had tended and he had accepted their resignations pending
appointment of new commissioners and therefore the Council engaged their
machinery for the purpose of hearing evidence on the aSm~uistration of the
police department, during which time the position of police commissioners
Sat in limbo°until this week when he learned that a "police commissioners
meeting" was held Thursday evening at which time certain applications for
employment were reviewed and other business was transacted. As a part of the
progress of the hearing's, his feeling was that it was gingerly conducted so
as not to rehash or replow ground that we thought was at that point put behind
us so as not to make it difficult for the new police commlssioners to entertain
their work. He stated he was disappointed the Mayor finds the social activities
of the Indiana Association of Cities and Tow~ns more important than those of the
community he is the elected executive officer of and is unable to attend this
evening's meeti~ knowing full well these items to be on the agenda and that
we have gone more than a month without operative police commissioners in his
opinion legally constituted todo any administration of the police department
and he was at a loss, without the Mayor being here as to any resolution to
the problem. Councilman Garretson stated the Mayor had informed him that he
would take no action until he had had an opportunity to review the transcripts
of the hearings. Councilwoman Reiman stated she noticed that Mr. Hinshaw
who was supposedly going to be one of our new commissioners was present and
she asked him if he had been contacted by the Mayor since his first contact.
Mr. Hinshaw stated the last time he was contacted was at the last Council
meeting. Mr. Pickett stated he would contact him later that week which he didn't
do. Councilman Coots stated Councilman Swift had just handed him the text of
the Mayor's statement which he read August 1st at the Council meeting wherein
he states "the three commissioners have offered their resignations as police
commissioners and I have accepted them." Unqualified in any reagrd so he was
wrong in saying it was qualified contingent upon appointing new commissioners.
Counc~lm~ Coots stated he would suggest a special meeting to discuss the matter
at a time more convenient to the Mayor. He stated the representative being that
new commissioners would be named at the conclusion of the hearings and thereafter
the conveni~ of the old police commissioners to conduct official business to
him consititutes a breach of the representation that they as a Council committee
made to the police officer or hearing evidence before them that yes, a portion
of the problem of the intermeddli~ of the affairs of the police department had
been cured by the ~mi~ of new police commissioners and he didn't see how we
could simply leave that sit there and not follow through with it. Councilman
Swift stated he attended that police commission meeting last Thursday. It was
held at the Mayor's office. They did conduct business and there was no indication
it would be their last meeting. He stated he felt the statements the Mayor has
made to various people are contradictory and the Council deserves an answer on
what he plans to do on this matter and when he plans to do it. Councilman Coots
moved that the Council convene a special meeting for Wednesday evening
September 21st at 7:30 PM, Councilwoman Reiman seconded it. Councilman Garretson
stated he thought it was very unfortunate that three citizens of our community,
Mr. Jenkins, Mr. Stonecipher and Mr. Sheriff, who have already given over a year
and one half to the City without compensation, have been subjected to so much
controversy and he thought the investigative ~ommittee of the Council tried to
show them every respect when they appeared before the committee and he thought
the Council exercised almost an extreme degreee of restraint in not singli~ out
charges and instances which were brought up in the hearings. In the final
report they steered away from that delibrately feeling that~they would just
be throwio~ fuel on the fire that had no purpose and the report was aimed at
providing a positive step forward and that report was based on certain assumptions,
among which would be there would be three new commissioners already named, their
names were used in the hearings, and now they have been subjected to more
controversy. He stated he thought their report was based on the belief that the
new commissioners could take hold Of the situation with a police department that
had a much better frame of mind amd that they could provide some positive service
to this City. He stated if it had not been for those assumptions the Council
would have done a lot more serious thinking about abolishing the police commission
and if the M~yor intends to run the police department then he might as well take
the heat for it and not have three people who he is going to dictate to running
that department amd he would call for the abolition of the police commission at
the October 3rd meeti~ if by that time the new commissioners have not been
sworn in. Motion to hold meeting passed 6-1. Councilm~u Garretson voting nay.
Meeting was recessed at 8:55 PM.
Meeting was re-convened at 9 PM.
Mr. Jim Hunt, 1030 E. Auman Drive, stated he had attended the Th~rsday meeting
of the police comm~ ssioners meeting amd at the end of the meeting Mr. Swift asked
the Commissioners if their resignations had been withdrawn ~ud they stated no.
Mr. Hunt stated he would like to know if they could legally conduct business
such as authorization to purchase police cars and hiring of personnel. Mr. Kern
stated the words he heard were that the resignations had been accepted subject
to appointment of new police commissioners. If that was the case they would
remain police commissioners until he appointed new ones. Councilman G~rretson
asked what constituted acceptance. Mr. Kern stated just plain english language
of accepti~ the resignation would end it. Conncilman Swift then read a copy of
the Mayor's statement which stated he had accepted the resigr~tions. Mr. Kern
stated if we took those words at their face value then he accepted them, however,
he had understood the Mayor to believe the acceptance was contingent upon appointing
new commissioners.
AGENDA IT~#7: RAILROAD CROSSING: Conncilmam Swift stated the railroad crossing
in question was the one on west Main Street, rather heavily traveled and in rather
bad condition. He understood that the L & N railroad would have to repair its
own crossing or could the City.~ it? City Engineer to check it out.
AGENDA ITEM#8: DEVELOPERS SIGN: Councilwoman Reiman stated Mrs. Alexander,
Horseshoe Lane, had called the Mayor regarding the sign near the corner of 126th
and Keystone amd the Mayor told her it wasn't his business, it was Council business,
so she then called Mrs Reiman. Councilwon~u Reiman stated she had numerous other
calls from Cool Creek residents about the sign which reads "this tract, 15.3 acres,
is being reserved for commercial use." The sign first appeared August 1st, but when
the Cool Creek President inquired into the sign, Mr. Fletcher of~our Building
Co~mnissioner's office stated no permit had been issued. A permit was picked up
August 22nd granted on the condition the wording be changed on the sign or the sign
would be in violation. The wording has not been cha~ged and Mr. Fletcher would not
tell the resident what changes were necessary. The residents want to know why the
sign could be permitted amd want to know when it will be removed. The residents
feel the sign is detrimental to the residential homes and could cause new homeowners
to look elsewhere for a home. The zoning there is R-2. Since the Mayor said it
was Council business, she was wonder£ngwhere they go from here on that sign.
Mr. Vic VanCauwenbergh stated he h~d talked with Mr. Thompson amd agreed it might
be well that future buyers be aware of the fact he was reserving the area for
commercial, even though it is not yet zoned for commercial. He stated the sign
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met the sign requirements of the sign ordinance and he didn't feel he could
control the content. Mr. Thompson stated he would add "subject to re-zone"
to the sign. Mrs. Squier stated she felt there was a principal involved here
and she didn't feel anyone had the right to display a sign with anything at
all on it. Councilman Swift asked the City Attorney if signs fell under the
Council's jurisdiction, or couldn't that be handled by the executive branch.
Mr. Kern stated he did not feel it was the Couucil's responsibility. Dottle
Smith stated the Chamber of Commerce would be very unhappy with any restrictions
on content of sign. Councilman Coots stated he did not think signs could
advertise something which the property was not zoned for. Councilwoman Reiman
stated there is a ls~rge group of residents who will bring a petition to the
next Council meeting inasmuch as the Mayor has said he could not do anything
about it. Councilman Garretson suggested the petition have a specific outline
of what they wanted the Council to do, otherwise it should ge to the Mayor.
AGENDA ITEM~9: ORDINANCE ~D-l~l AMENDING 1977 SALARY ORDINANCE ESTABLISHING
S~,LARIES FOR CITY PERSONNEL: Councilman Garretson read proposed ordinance
allowing the Mayor to hire an assistant in 1977 to be paid from Manpower funds.
A note was attached from the Mayor stating the funds would be lost if he did
not hire someone this month. Councilman Swift stated he would move to table
this item until the Mayor can be present to discuss it, Councilwoman Reiman
seconded it and it passed 6-1. Councilman Dean voting nay.
AGENDA ITEM#10: ORDINANCE ~D-l~2 FIXING AMOUNTFOR PLD-BMERS. BOND: Councilman
Garretson read proposed Ordinance ~D-132, requiri~l~rsons m~ng conn.te utilities
to provide a cash or surety bond in the amount of $2,500.00. Counc~lm~ Meacham
moved to adopt proposed ordinance, Councilman Swift seconded it. Councilman
Dean moved to suspend the rules, Councilman Meacham seconded it. Motion to
suspend failed 5 ayes - 2-nays. Councilpersons Reiman and Coots votingnay.
Ordinance shown as being introduced.
AGENDA IT~I#11: 0RDINANCE~-ll6 TRANSFERRING FUEDS WITHIN T~FIREDEPT.:
Proposed ordinance transferring funds within the fire department was read.
Councilman Swift moved to adopt proposed ordinance, Councilwoman Reiman seconded
it. Councilman Coots moved to suspend rules, Councilwoman Doane seconded it
and it passed unanimously. Motion to adopt passed unanimously.
AGENDA IT~M#12: RE-CODIFICATION OF CITY ORDINANCES: Councilman Swift stated
about a year ago this matter was brought up, because as some of us know, the
City ordinances are in a mess. It isn't anyone's fault, it is just a collection
of the last 103 years and at the Clerk-Treasurer's suggestion the Council
considered takin~ steps in getting them re-codified and printed and the Mayor
had said he would look into it, but nothiD~was done, so he would move to
authorize the Clerk-Treasurer, who keeps the records, to take those steps she
feels necessary to get our ordinances re-codified and to get some kind of cost
estimate on that job, Councilwoman Reiman seconded it and it passed unanimously.
There beiD~no further business,
Peggy Leu Smith,Clerk-Treasurer
Approved:
A~b~'~t ' ~ et ,'Ma~o - ~/