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HomeMy WebLinkAboutCCM-07-05-77 MINUTES OF THE CITY COUNCIL MEETING July 5, 1977 The regular meeting of the City Council was called to order at 7:30 PM by Mayor Pickett, who presided. All members except Councilman Dean were present. City Attorney and Clerk-Treasurer were present also. Councilwoman Doane gave the invocation. Mayor Pickett led the pledge of allegiance. Councilman Swift moved to dispense with the reading of the minutes and approve them as received, Councilman Garretson seconded it and it passed unanimously. OLD BUSINESS: AGENDA ITEM#l: SECOND HEADING 0EDINANCE AMENDING ~D-8~: Mayor Pickett read ordinance amending D-89 which was introduced at last meeting. Ordinance allows City to file a lien against real estate to recover expenses incurred in bri~ing real estate into compliance with Ordinance ~D-89. Councilman Meachammoved to approve ordinance as read, Councilman Garretson seconded it and it passed unanimously. AGENDA ITEM,S2: SECOND ~ING ORDINANCE AMENDING ~A-41: Councilnmn Garretson stated additional material had been added to the proposed ordinance since last meeting and he would like to know if this would put the ordinance back to the first reading. City Attorney stated yes it would. Councilman Garretson then withdrew his motion of introduction of last meeting and moved to introduce the ordinance as it is presented tonight. Councilman Coots asked if the old ordinance should be repealed or just amended. City Attorney stated #A-41 was several pages loD~ and didn't feel the old ordinance should be repealed. Councilman Coots stated he had read the Crown Point case and asked if the City Attorney felt there was any need for a public heariD~ inasmuch as the amount is bei~ changed. City Attorney stated to his knowledge there was no statutory requirement for it. He stated he had talked with the legal representatives of Clyde E. Williams & Associates and they were not upset with the case. He stated if you read it, it was very difficult to interpret what they mean. Councilman Coots asked how we can distinquish between this ordinance being a connection charge and the corfuection charge in the Crow~ Point case and thus not an exise tax as they concluded that case to be. City Attorney stated that in academic discussions of the problem, it is a worrisome case, but he doesn't know what can be done about it. No one seems to know what the case means. He stated however, he h~d no reason to advise anyone to do anythin~ differently than what we have been doing, based on that case. City Attorney stated Clyde Williams people have told us they don't know what it means either and they are not worried about it. Ed Nickel asked if that case established a procedural policy that might be relevent to what we are doinghere. Councilman Coots stated he under- stood the case is a situation where the City of Crown Point attempted to establish sewer user charges based on what was fair and they did that by dividim~ the total debt of the City of Crown Point sewer availability by the number of users therefore everyone came up owim~ $500 to pay off the debt for sewage. Anybody else hooking on would have to pay the $500 in adv~e~ have sewage available te them. The court, in that case, says you could~o ~Eat simply on the expectation that that is what it is going to cos~ you. You have to have a plan, rates established, etc. otherwise, those of you who hook on at $75.00 an~ those of you who hook on at $500 are being unduely taxed. If that rational carrys over into the water situation, we may be faced with that same legal question. Page ?/5/?? Mr. Zinsmeister, of Clyde E. Williams & Associates, stated what Carmel is doin~ is an aid to construction and not a fee. Mayor Pickett stated this proposed ordinance would not have to ge before the Public Service. Councilwoman Reiman stated her concermwas whether or not we were being fair. She stated members of the Council at last meeting, had asked for figures from McCullough based on $225.00, $125.00 and $75.00 and the Mayor had conducted a telephone poll of the Council members to see if they would want it done at the cost of $600.00 and the vote was 2-3, no. She wondered if the Council could consider plugging in just one number at a possible cost of $200.00. That would give a comparison. She stated the increase from $75.00 - $450.00 would be a 500% increase and she wondered if it was legal. Mayor Pickett stated the $?5.00 fee had been greatly underpriced. We have had countless studies arriving at an amount it would take to expand our facilities for development and he stated he would stand on the statement he made some time back that he did not propose for the people presently on the system to pay for the cost of development. Mayor Pickett stated using the $225.00 would not make any great difference because it was based on the cost of expanding the system. Councilman Coots stated that was his reluctance in spending any amount of money to re-compute what it is gein~ to take to pay out the system. If we have any faith in what the consultant tells us it is $250.00. If you use $225.00 you are simply bringing the time at which a rate increase must be levied to come up with the difference. He stated the question in his mind is whether the expansion of the system occasioned and necessitated by growth and development but which also benefits everyone else in the City by increased fire flows, in- creased capacities, better system, etc., is worth $450.00 per lot, which in essence financed over the life of an average mortgage would be about $1,000. Councilman Meacham stated t~s$225 figure he came up with was not actually $225.00 It could have been $200 or $300 but he split the difference and said $225.00 because we were going to get rid of the north plant and getting rid of the north plant we could pipe down and put the sewer line down from the south plant and in puttiD~ that hole in the ground, he was thinking we could put water mains in the same hole. Another thing - the multi-million dollar building out west of town on ll6th Street, he thought they made a statement they would put so much money in a sewer and water system and if they were going to build a holdiD~ t~r~k out there, costiD~ $150-$200 thousand they could put that into a sewer line and could also put a water line in. Councilm~n Swift asked if we were going into this ordinance on the assumption that the major water plamt expansion that we will face about 1979 will be conducted without a rate increase because and solely because of this cha~e we contemplate here. Mayor Pickett stated he didn't think it couldbe determined at this time. He didn't think it was a foregone conclusion we would not have a rate increase. The bond issue would have to be put together first. Councilwoman Doane stated she understood if we passed this ordinance, we wouldn't need a rate increase until 1982. Mayor Pickett stated Mc6h~llough could not give us an answer. Councilman Coots stated he would like to make a suggestion that before two weeks from tonight that the Mayor determine with the City Attorney that procedu~lly the emactment of this ordinance as an amendment to A-~i as apposed torepealingA-~l is the cleare~ method to establish the objective we are after and secohdly whether Weave not under that Section of Indiana code settiD~up water districts we need to publish notice of hearing and conduct a hearing. Councilwoman Reiman pointed out that all the figures are not necessamily 50%of those existing in A-~l on equivalent user charges. City Attorney stated all but five are and these five the City Engineer felt based on past experience should be as was presented. Mr. Joe Dawson asked if there was a plan or budget for the future. Mayor Pickett stated we do have to start soon on a plan. Mr. Dawson stated the builders might pay the $600.00 for comparative studies. He stated he didn't understand how the Mayor could say the different costs wouldn't change the figures. Mayor Pickett stated it Page 7/~/77 probably wo~ld make a difference on when the rate increase would go into effect. Mr. Dawson stated the builders would like to help in the planning te get this done as efficiently snd cheaply as possible and he didn't understand why the planning couldn't go into effect tomorrow. M~yor Pickett stated there were other things he was worki~ on that took almost all his time. Mr.Ka~ager asked if the new residents are going to be asked to pay for additional City services because of growth, such as new police ca~s and fire trucks, as they are being asked to do with the water facilities. Mayor Pickett stated that came out of general revenues and we are dealing with water expansion. Mr. Ted Johnson stated if $~50 was compounded at 7% interest each year it would make $3,000 in 19 years. Mayor Pickett stated he would like to point out that this was not something that started in this administration. Mr. Johnson asked how ~1~ growth figure was arrived at. City Engineer stated that was about what it had been running. Mr. Johnson stated last year accordi~ to the plans it was 261. Mayor Pickett stated you could only guess at an anticipated growth figure. Couneilman Garretson moved that a public hearing be scheduled and advertised as a part of the next regular meeti~before the enactment of this proposed ordinance. Time of public heari~ to be 7:30 PM, Councilwoman Reiman seconded it and it passedunanimously. Clerk-Treasurer requested the City Attorney prepare the notice of public hearing. Mayor Pickett stated he would do so. AGENDA ITEM#3: CONKLINREPORT: Councilman Swift stated he understood several of the subjects taken up in the Conklin report could and might well be adopted in ordinance form. Mayor Pickett stated wh~t he was interested in now was a central purchasing system and personnel system and he felt this was an executive function. Councilman Swift stated he thought things in ordinance form would take precedence over executive decision made in the absence of am ordinance and a lot of thi~s done in Carmel today are done by executive decision in the absence of ordinances not because the executive authority is superior to the legislative authority. Mayor Pickett stated the hiring of personnel is an executive function. Councilman Swift stated salaries and classifications should be in ordinance form. Councilman Coots stated he had seen so m~uy reports with good substance in them that were prepared at considerable expense and nothing ever happened with them. Mayor Pickett stated perhaps we could' get together in a separate meeting rather than at a Council meeting and work out some details. Councilman Garretson stated he felt everything in the report the Mayor agreed with should be coming to the Council in an ordinance then they can amend or whatever at the public meeting. We don't need to get into & side meeting to discuss these things. If the Mayor disagrees with somethi~ and doesn't want an ordinance, then they can prepare one. Mayor Pickett stated they would be prepared as quickly as they could get to them, he has had a number of other thi~s that he was spending practically full time on. Councilman Coots asked Mr. Conklin what other communities do. Mr. Conklin stated he suggested to the Mayor that the Council should possibly endorse the Mayor's actions based on thereport, in ordinance form. Mayor~ Pickett stated he thought the establish- ment of sub-commi~tee~f the Council shouId be followed ~p on. NEW BUSIIIESS: AGENDA IT~#1: PROPOSED STOP SIGN 0RDTNANCE AMENDING~D-TI: Proposed stop sign Ordinance ~]]-121, amending ~D-T1 was read by Mayor Pickett. This ordinance establishes stop amd yield signs at 52 intersections. Councilman Coots moved to miopt ordinance as read, Councilman Swift seconded it. Councilman Meacham moved to suspend the rules. Councilwoman Doane seconded it and it passed unanimously. Motion to adopt passed una~ktmously. Councilman Garretson stated that at last meetiD~ a number of citizens were here and when they inquired about Page 4 ?/5/?? additional stop signs they were told a stLrvey would be made and the City Engineer indicated he would not do it and he would like to know if that reflects the Mayorts thinking. Mayor Pickett stated he thought the request should have come to his office because he is the person that gives the directions to the City ~mployees. Mayor Pickett stated a survey would be taken but he didn't know to what extent. City Engineer stated he would take any survey to tickle anyones fiucy if he had some criteria to ge on. He didn't know how to establish any criteria for this type of survey.~Councilwoman Re~m~u stated she felt the City Engineer had been rude to a councilmember stating his survey requestwas merely tickling his fancy. Councilman Coots stated he felt complaints, accident reports, etc. could be the type of information accumulated by the City aSm~ui- stration to be used as criteria for recommendations. Mayor Pickett stated a survey would be taken. AGENDA ITt~I~2: LETTER FROM CITY ATTORNEY RE: ~I'T,T,TE JO CAIN: Councilwoman Reiman tabled this item. AGENDA IT~I#3: MILLION GALLON STORAGE ~ANF: Councilwoman Reiman tabled this item. AGENDA IT]~I #2: CEWA LETTER DA'I'a~3 JUNE 16, 1~77 TO CITY O]~FICTAT..q: Council- woman Reiman stated she was looking at the facts as presented in the letter from Mr. Gaskins, President of Clyde E. Williams, to City officials dated June 16, 1977. She stated she was formulating a reply and would be compiling it in about one month. Mayor Pickett stated Mr. Gaskins was present if she cared to ask him any questions. Councilwoman Reiman stated she had some people working with her and she would have her statement ready in about one month. AGENDA ITEM ~: DISCUSSION OF ORDINANCE ~D-~O: Clerk-Treasurer stated she had sent each Councilmember a copy of our present ordinance authorizing re-imburse- ment for mileage to City employees using their personal vehicle for City business. Present ordinance allows 13~ per mile which is lower than state and federal. State allows 15¢ per mile. Councilman Coots suggested draf+.ing an ordinance automatically adopting the state departments allowance from year to year. Councilman Garretson felt that would be difficult to budget for. Councilman Swift suggested an ordinance be drawn up for next meeting allowing 15¢ per mile and try to review it each year thereafter. There being no further business the meeting was adjourned at 9:05 PM. ATTEST: / Approved: Peggy ~ou ~mith / ' ' Clerk-Treasurer