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HomeMy WebLinkAboutCCM-06-01-81 MINUTES OF THE CITY COUNCIL MEETING JUNE 1, 1981 The meeting of the City Council was called to order by Mayor Reiman at 7:30 P.M. _ on June 1, 1981. Council members Fleming, Shepherd, McMullen, Garretson, Johnson, Walker and Kerr were present. Also present was City Attorney, Mike Howard and Clerk-Treasurer. Invocation was qiven by Mr. Walker followed by the Pledqe of Allegiance. Mr. Garretson stated he would like to have his reason for abstaining from voting on the EDC resolution of Coots, Henke and Wheeler set out in the minutes of May 18th. Mr. Garretson abstained from vote on that issue because Mr. Coots is represent in g him in a matter as leqal counsel and felt it would be a conflict since the vote involved Mr. Coot's business. Mr. Garretson also asked the minutes be amended to state that durinq discussion on the stop sign at 126th and Auman, he stated that he felt this should be a lesson to not precipitiously pass such ordinances on the first reading without first having in hand an engineer's report. Mr. Johnson also wanted the minutes to reflect he had asked for a written report from the City Engineer and Police Chief on this matter. Mr. Garretson made a motion to approve the minutes as amended. Motion seconded by Mrs. Kerr and passed unanimously. Old Business Report on Phase I by Computer Consultant - Mr. Garretson asked if this report was for information only or if the ClerkTreasurer was wanting action by the Council. She stated that she was seeking permission to proceed to Phase tonight. Mr. Garretson made a motion to send this to committee for recommendation and call special meeting of the Council if necessary. Motion seconded by Mrs. Kerr and failed on a 3-4 vote, Fleming, Johnson, Walker and Shepherd voting nay. Discussion ensued with Mary Ann Bradley of Arthur Young and the Clerk-Treasurer answering questions of the Council regarding the report generated from Phase I. Mrs. Kerr stated that she felt that after evaluating and reviewing the report it would not be significant savings or in the best interest of the expenditures of the taxpayers'money to invest in a computer at this time. Mr. Walker made a motion to move to Phase II and after receipt of bids go to committee hefore coming back to Council. Motion seconded by Mr. Shepherd and passed 4-3, Garretson, McMullen and Kerr voting nay. Mr. Garretson stated he felt the City was operating an outdated procedures and that the utility billing should be encompassed if the City was going to proceed with a computer but that it should first be determined if the City had the money, where it would come from and if the costs could be spread over a 3-4 years period. Mr. Garretson didn't feel we should continue to Phase II until the Council had some reasonable assurance of the source of funding. Resolution 5-18-81-2 Re: Fees connected to IWC Purchase - Mr. Garretson stated the memorandum prepared by the Clerk- Treasurer andswered his questions on borrowing the money and made a motion to insert a ceiling of eleven percent (11%) as an interest rate. Motion seconded by Mr. Walker and passed unanimouly. Vote was taken on Resolution 5-18-81-2 which passed unanimously. New Business Public Hearing - Additional Appropriation for Hamilton County Senior Citizens - Ordinance D-298 - Mr. Garretsnn made a motion to introduce Ordinance D-298 which was seconded by Mrs. McMullen. Mayor Reiman opened the meeting for a public hearing on the additional appropriation. There was no one from the public who wished to speak to the issue so the public hearing was closed. Kathy Mayo, Executive Director of Hamilton County Senior Citizens answered questions from the Council and Mayor. Mr. Johnson made a motion to suspend the rules and act upon Ordinance D-298 tonight. Motion seconded by Mr. Fleminq and passed unanimously. Vote was taken on Ordinance D-298 which passed unanimously. City Council Meeting June 1, 1981 Page Two The Council recessed at 9:05 and reconvened at 9:12 P. Public Hearing - Additional Appropriation for Mayor Account 2-215, Promotion of City; Ordinance D-299 - Mr. Garretson made a motion to introduce Ordinance D-299 which was seconded by Mr. Johnson. Mayor Reiman opened the meeting for a public hearing on the additional appropriation. There was no one from the public who wished to speak to the issue and the public hearing was closed. Mr. GArretson made a motion to suspend the rules and act upon Ordinance D-299 this evening. Motion seconded by Mr. Johnson and passed unanimously. Vote was taken on Ordinance D-299 which passed unanimously. Public Hearing - Additional Approriation for outside work on City Hall; Ordinance D-300 - Mr. Garretson made a motion to introduce Ordinance D- 300 seconded by Mr. Fleming. Mayor Reiman opened the meeting for a public hearing on the additional appropriation. There was no one from the pubic wishing to speak to the issue and the public hearing was closed. Mr. Garretson noted that the estimates were under the $5500 amount advertised and made a motion to reduce the amount of the additional appropriation to $4500. Motion seconded by Mrs. Kerr and passed unanimously. Mayor Reiman opened the meeting for a public hearing on the additional appropriation. There was no one from the public whn wished to speak to the issue and the public hearing was closed. Mr. Walker made a motion to suspend the rules and act upon Ordinance D-300 this eveinq. Motion seconded by Mr. Shepherd and passed unanimously. Vote was taken on Ordinance D-300 which passed unanimously. Ordinance Amending Zoning Ordinance; Ordinance Z-174 - Mr. Garretson made a mntion to introduce Ordinance Z-174 seconded by Mr. Johnson. Mr. Garretson stated he had taken the position in the past that the seatinq of 14 members on a 13 member Plan Commission was not Council business. He stated however that now that a negative resolution had been sent to the Council for action with the decidinq negative vote being cast by a member the city attorney advised was not properly seated, he would therefore make a motion that Ordinance Z-174 be returned to the Carmel Plan Commission with an attached memorandum from the City Council (prepared by the Clerk-Treasurer) which will inform the Commission that the Council does not recognize the validity of its vote of May 19, 1981 on its petition labled Docket No. 4-812; that such vote of ne~ative recommendation lacked seven valid votes from legally constituted members of the Plan Commission; that the Common Council cannot be pulled into a procedural quagmire of potential legal ramifications by passing on petitions of either positive or negative recommendation from the Commission when such Commission votes are not legally consitiuted as defined by the legal advice to the Common Council from the Carmel City Attorney; that the Common Council will not in the future hear any petition passed on to it by the Carmel Plan Commission when such petition lacks the necessary valid votes of legally constituted members of the commission, such determination to be made by the opinion of the Carmel City Attorney or official order of the judiciary. Motion seconded by Mr. Shepherd and after discussinn passed 6-1, Mrs. Kerr votina nay. Inducement Resolution for EDC Bonds - Carmel Care Center, Inc. - Mr. Don Smith and Mr. Bob Lanqston from Carmel Care Centers, Inc. were on hand to answer questions from the Council. Mrs. Kerr made a motion to add the word "inducement" to the title of the resolution. Motion seconded by Mr. Garretson and passed unanimously. Mr. Johnson made a motion to approve inducement Resolution 6-1-81-1. Motion seconded by Mr. Fleming and passed unanimously. Stop Sign Ordinance D-301 - Mr. Johnson made a motion to introduce Ordinance D-301 and suspend the reading which was seconded by Mr. Walker. Discussion ensued regarding makinq the 3-way stop at Auman and 126th St. a 4-way stop including Lexington and moving the sign on the east side of Auman back to Lexington. Mr. Johnson made a motion that the Ordinance be amended to specify the 4-way stop by adding in City Council Meetinq June 1, 1981 Page Three paraaraph 4, Auman Drive, Northbound, 4-way stop at 126th Street; Lexinqton Blvd, Southbound, 4-way stop, at 126th Street; and 126 Street Eastbound, 4-way stop at Auman Drive and addinq Auman Drive, Northbound, 3-way stop at 126th Street and 126th Street, Eastbound, 3- way stop at Auman Drive to paranraph 6. Motion seconded by Mr. Garretson and passed unanimously. Mr. Garretson made a motion to suspend the rules and act on Ordinance D-301 tonight. Motion seconded by Mrs. McMullen and passed unanimously. Vote was taken on Ordinance DP301 which passed 6-1. Mrs. Kerr explained her neqative vote was because she was opposed to usinq stop siqns for speed control. Mr. Walker stated this was not the case here, a real danqer existed at the intersection. Announcements Mrs. McMullen stated she had been contacted by several people complaining of the overabundance of qaraqe sale signs at this time of year and that they were not removed in a timely manner. She asked if perhaps the newspapers could ask people to remove the signs. Mayor Reiman stated the street department removes siqns frnm the riqht- of- way. Mr. Wayne A. Wilson, 259 4th Street N.W., stated he returned home from work today to find the street department resurfacing Meadow Lane with blacktop when the street is concrete. Mr. Wilson stated other streets in the area were scheduled for resurfacing and felt the streets were in qood condition and at a time when money was tiqht perhaps the money could be spent more wisely elsewhere. Mayor Reiman stated she would look into the matter in the morning. Mr. Garretson stated he had also received complaints regarding garage sale siqns. He qave a report on the quarterly meetinq of the Cable TV Advisory Committee statina the company had contracted to install 41 miles of cable past 22,000 homes at a cost of over $500,000. He stated that if half of these homes subscribed to basic service, the City could realize a conservative estimate of $33,000 in revenue from the franchise in 1982. Mr. Johnson distributed a schedule for the 1982 budqet and appointed Mrs. McMullen, rlr. Fleminq and Mr. Garretson to work on the Council budget. Mr. Walker asked the Council their feeling in the City making expenditures of the taxpayers money to file suit against itself in the form of the dispute of a member in the Plan Commission. Mrs. Kerr called for point of order and asked Mr. Walker if he wished to have discussion on the matter placed on the aqenda. Mr. Walker stated he did not but as member of the Board of Public Works would not vote for the approval of any such claim. There being no further business to come before the meeting, the same was duly adjourned at 10:40 P.M. APPROVED: ATTEST: Mrs. Kerr stated that she wished to abstain from voting since the amendment was not initiated at a legally con- stituted meeting and she does not feel it has authenticity, and therefore she wished to abstain. I move that Ordinance No. Z-174 be returned to the Carmel Plan Commission with an attached memorandum from the City Council (prepared by the Clerk-Treasurer) which will inform the Con~nission that the Council does not recognize the validity of its vote of May 19~ 1981 on its petition labeled Docket No. 4-812; that such vote of negative recommendation lacked seven valid votes from legally constituted members of the Plan Commission; that the Common Council cannot be pulled into a procedural quagmire of potential legal ramifications by passing on petitions of either positive or negatiYe recommendation from the Commission when such Commission votes are not legally constituted as defined by the legal advice to the Common Council from the Carmel City Attorney; that the Common Council will not in the future hear any petition passed on to it by the Carmel Plan Commission when such petition lacks the necessary valid votes of legally constituted members of the commission, such determination to be made by the opinion of the Carmel City Attorney or official order of the judiciary. Motion introduced by James D. Garretson