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HomeMy WebLinkAboutCCM-03-21-77 MISU3TES OF CITY COUNCIL MEETING March 21, 1977 The regular meeting of the City Council was called to order at 7:32 PM by Mayor Pickett, who presided. All members except Conncilman Coots, who arrived at 7:~0 PM were present. Clerk-Treasurer and City Attorney were present also. Councilman Reiman gave the invocation. Mayor Pickett led the pledge of allegisnce. Councilmsm Dean moved to dispense with the reading of the minutes and approve them as received, Councilman Meacham seconded it and it passed unanimously. CLARIFICATION OF CLERK-TREASURER'S DUTIES: Mayor Pickett stated he had set up a meetiD~with everyone concerned for 8:30 AM Wedmesday, March 23rd to discuss this situation. He stated it involved the Mayor, Board of Public Works, Utilities Man~ger and Clerk-Treasurer and this is the group that will have to resolve it. It is not a legislative matter. Clerk-Treasurer stated she had informed the Council at last meeting that she would have a letter from the State Board of Accounts and she would like to pass that out with the cited statues attached. Clerk-Treasurer read statue which stated the Clerk-Treasurer is authorized to appoint such employees as authorized by the City Council. There is no such ordinance on the books and she felt the Council should pass one. Mayor Pickett stated there are other statues involved that the City Attorney is aware of and he did not plan to get into any prolonged discussion on it. Councilman Dean suggested waitinguntil after the meeting to talk further about it. Councilman Doane stated she would like to request the City Attorney sit toward the center of the room or in the front row so she could see and hear him. Mr. Kern stated he would continue sitting where he is. Councilman Garretson suggested the members of the executive branch meet together to see if the problem could be resolved, then if all parties are not satisfied with the result either of them are free to bring before the Council an outline of the problem as they see it, specifically how it denies them the rights of fullfilling their role as prescribed by law. At that point if the Council foresees a problem they can appoint a three member committee to look the possibility of recommendi~ legislation. Clerk-Treasurer stated she was not to~d the Wednesday meeting was for that purpose. MILLION GALLON STORAGE TANK: Councilman Reiman stated she had attended the Board of Public Works meeting of March 9th and she had a concern and the Mayor did too that Mr. Uhrick of Clyde E. Williams & Associates stated the contractor may have to raise the ts~uk two feet. The Mayor had stated he did not want them to raise it unless it was absolutely necessary. Councilman Reiman stated she had asked for an artist rendering and had been told there was none, then at the Board of Public Works meeti~Mr. Hohl asked for one and she was wonderi~ if they had gotten one. Mayor Pickett stated there was one in the works. Mr. Feldt, of Brookshire, was present and asked how deep the tank was. Mr. Dougherty, Utilities Manager stated he recalled it was about 8 feet deep. CATV RATES: Councilman Coots stated the CATV rates item is continued to April 4th at which time representatives from their parent firm in Evansville will be at the meeting. FRINGE BENEFIT PROGRAM: Mayor Pickett read the sections which had been revised in the sick leave and overtime sections since its introduction. Councilman Garretson moved to amend proposed Ordinance #D-111 so that the last sentence in the Life Page Insurance paragraph reads "the City will pay all but $1.00 of the annual premium cost. CotL~c~lm~ Doane seconded the motion and it passed unanimously. Councilman Meacham moved~o adopt proposed Ordinance #~,lll as amended, Councilman Swift seconded it and it passed 6-1, Councilman Dean voting nay. WATER SERVICE AREA: Mayor Pickett read memo from City Engineer - copy of which is attached to original minutes. Mayor Pickett stated he hoped to have a proposed ordinance setting the availability fees at the next Council: ~eeting. RE-ZONE: NORTHWEST DEVELOPMENT CO: Mr. A1 Oak with Paul Cripe Engineering Co., representing Northwest Development Co. appea~ed before the Council to request a re-zone from an S I and I i classification to an I i classification for 79.68 acres located in the far west corner of Clay Township. Mr. Oak presented a zoning map of the area and explained his request. He stated the reason for the I l, S i dividi~ line was perhaps because there is a throughfare climb - an extension of Georgetown expressway from Marion Co up over the interstate up the county line. Mr. Oak stated he proposed commercial, office and industrial for the area. Mayor Pickett read resolution from the Plan Commission recommending the re-zone request be granted. Dottle Smith of the Chamber of Commerce was present and stated the Chamber is for more Industrial La~d available. Mayor Pickett then read proposed ordinance re-zonim~ the area. Councilman Swift moved to adopt proposed re-zone ordinance as read, Councilman Reiman seconded it. Councilman Coots moved to suspend the rules, Councilman Meacham seconded it and it passed unanlmeus, motion to adopt passed unanimously. Meeting was recessed at 8:32 PM~ Meetim~was re-convened at 8:20 PM. WOODLAND RE-ZONE: Mr. Doug Church appeared before the Council and stated he just wanted to acknowledge that he was there representing the Woodland Re-Zone case. According to procedure, the applicants are to appear before the Council at their first meeti~ after the Plan Commission hearim~. Mr. Church stated the Plan Commission minutes have not been prepared yet and he would like to request an extension of time until the next meeting. Councilman Reiman stated ~he would not be at the next meeti~ and would prefer they w~ited until the 18th meeting. Coancilma~ Garretson moved to table this item until April 18th, Councilman Coots seconded it and it passed unanimously. Mr. Bill Ernst requested the Council to dig back and read all the information on the project. Mrs. Sue Ann McFall requested the Council take into consideration the 1966 case. Councilman Coots stated there are ~ or 5 minutes from 1966 to date in the Plan Commission records with reference to this property and he would encourage the Council reading those. TRANSFER FUIIDS: POLICE DEPT: Mayor Pickett read.proposed ordinance transferri~ funds within the Police Department. Chief Barney explained this transfer was necessary to pay the policemen the unused funds left in their 1976 clothing allowance budget. The request for the balance was not made until 1977, therefore he could not encumber it. Councilman Coots moved to adopt proposed ordinance as read, Councilman Garretson seconded it. Councilm~ Meacham moved to suspend the rules, Councilman Swift seconded it and it passed unanimously. Motion to adopt passed unanimously. SPECIAL APPROPRIATION REQUEST: FRED HOHL: City Engineer, Fred~Hohl, stated he had sent some information to the Council at an earlier date indicatinghis desire to request a special appropriation for $10,000.00. $5,000.00 would be for street signs that were left out of his budget. $5,000.00 for tree removal. Councilman Garretson moved the Council authorize the Clerk-Treasurer start to prepare special appropriation ordinance. Conncilman Doane seconded it. Councilman Swift requested the Clerk- Treasurer prepare two seperate ordinances. One for each request. Motion passed unanimously. Page STORM SEWER DRAINS: Mr. Hohl stated he would like to bri~ up one other item - we have a storm sewer line which runs behind some of the houses on Ra~eline Road between there and the railroad. A section of that line starts up about ~th St. and 1st Ave NE. That sewer line is in extremely bad condition and he has drawn up some proposed drawings for at least a portion of that line. Councilman Swift aske~ him if he thought a cumulative storm sewer fund would help him out. Mayor Pickett stated if 'the Council was interested in setti~ one up this year, they should get working on it. Councilm~u Swift stated Mr. Hohl should be convincing the Mayor that he propose to the Council that we have one. Councilman Garretson stated he would strongly recommend as he did last fall that this .05 cumulative fund be instituted. SALARY ORDINANCE AMENDMENT: Councilman Garretson moved to add salary ordinance amendment to the agenda, Councilman Reiman seconded it ~nd it passed un~uimously. Mayor read proposed salary ordinance amendment changi~ the source of funds for some employees and authorizing the hiring and salary of others, including a part-time utility clerk. Counciln~n Reiman asked how the part-time $~.7~ hour was arrived at. Mayor Pickett stated he believed it was based on the type of work she was performing. Mr. Hohl stated it was the intent of the Board of Public Works to hire her at not more th~n the lowest paid utility office worker but there was an error made, but she was already hired at the figure before they realized it might be a little high. Councilman Swift asked if the Clerk-Treasurer had paid this person yet. Clerk-Treasurer stated no because she understood an ordinance was required to authorize payment. Mayor Pickett stated he had talked to the Labor Department today and was told it was illegal to withhold a paycheck from an employee. Clerk-Treasurer asked why an ordinance was needed then. Mayor Pickett stated the Utility people do not have to be on a salary ordinance. By state statue they are not required to, but the Board of Public Works is trying to have continuity with the payroll and so therefore put everyone on a salary ordinance. Clerk- Treasurer stated she understood Mr. Kern to say at the Board of Public Works meeting that the new employees had to be on a salary ordinance. Mr. Kern stated no he hadn't said that - he had stated that merely to observe the continuity to have all employees on a salary ordinance we should put new ones on ~ud this also tends to let the Council know what is goi~ on. He further stated the Attorney General says that publicly owned utility employees do not have to be on a salary ordinance and are simply set by the Board of Public Works. Councilman Doane moved to suspend the rules and act on the ordin~uc this evening, Councilman Meach~m seconded it and it failed ~ - 2. Councilman Swift and Reiman voting n~y. Councilman Garretson asked what would happen if the Council amended the ordinance to $3.~0/~nour for the part- time person. Mayor Pickett stated he would not be receptive to changing it at all. The Board of Public Works set it and acted within their authority. Mr. Kern stated there is no necessity by statue that new employees be put on the ordinance and it was his opinion that when the Board of P~blic Works hires someone the Clerk-Treasurer can go ahead and pay them. Councilman Swift asked Mr. Kern what statue it was that sets forth this procedure. Mr. Kern stated it was 18-2-1-10.B. Councilman Garretson suggested to Mr. Kern that he submit a letter to the Clerk-Treasurer for her protection setting out what he said in regard to paying employees without an ~ authorization from an ordinance. Mr. Kern stated he would do so. ~, ~ ~.~, .~ PLAN COMMISSION JOI~tDER: Councilman Coots moved to add an item to the reference to the extension of the Plan Commission and the City of Carmel's zoning ~ jurisdiction. Councilman Meacham seconded it and it passed 6 - 1. Councilman Dea~ ~? voti~ nay. Councilman Coots stated that followi~ the last Council meeting he 0~ went to the Plan Commission meeti~ with the mandate from the Council that they ~ determine on whether or not under their present joinder with the township they could expand the two mile jurisdic~onal limit beyond the township line of Clay Township. He has satisfied himself that the Carmel-Clay Pl~u Commission bec~me a body in 1960 or 61 when the joinder act was passed and adopted by the Town Board. In order to exercise the two-mile jurisdietior~l limit beyond Clay Township to the north we would need to appropriate funds to the Plan Commission to enact a m~ster plan for the ~uincorporated a~ea. He stated it was his recommendation~that we proceed with the two-mile from the City of Carmel boundary now into the north except where it would encroach into the Westfield area extended, appropriate funds to develop a m~ster plan, zoning ordinance and maps for that area, proceed to record those. Couucilman Swift moved to give Councilman Coots general approval to proceed with those inquires and estimates that he feels necessary to get some action on the extension into Washington Township. Councilman Doane seconded it and it passed unanimously. BREAKFAST: Councilman C~rretson invited everyone to the pep breakfast at the High School,Friday morni~ at 6:~5 AM in anticipation of the State Basketball Finals game Saturday. There bei~ no f~-rther business the meeti~was adjourned at 10:02 PM. Clerk-Treas,_ret Approved: CITY OF CARMEL OFFICE OF THE CITY ENGINEER March 21, 1977 846-7314 130 1St Avenue, S.W Carmel, Indiana 46032 Memo to Mayor Pickett From City Engineer Ref: Meeting with Randy Harnish, Insurance Rating Service A meeting was held at the Mayor's office with Mr. Randy Harnish on the Indiana Insurance Services office on Wednesday, March 16, 1977. The following major points emerged from the discussion. 1. Carmel presently has a Class 7 rating. 2. The Fire Dept. essentially meets the requirements for a Class 6 rating. 3. The major deficiency in meeting a Class 6 rating for Carmel is the Water Dept. 4. Commercial and other high risk areas are most heavily weighed in assigning ratings, while residential is of lesser significance. 5. A Class 6 rating is attainable and would be commensurate with an overall average of 25% deficiency from ideal conditions. (We currently are about 30~-35% deficient.) 6. Going from a Class 7 to Class 6 rating could possibly affect both commercial and residential fire premiums by about 10~. Class 6 to Class 5 affects only commercial rates. Class 6 to Class 4 is commercial and residential. Based on this discussion we have advised Steve Uhrich of Clyde E. Williams (who was present at the meeting) to design to a deficiency of 20% from recommended flows at the far ends of system and at critical points. It is our hope that we might ultimately improve the water system to a level which would make a Class 4 rating attainable in some future year, and a Class 6 rating attainable in the forseeable future. It is apparent that the Steeg study did not take in account the necessary flows in the critical areas such as commercial, multi- family, schools and high risk areas in the downtown Carmel area. FH/jc Fred Hohl