HomeMy WebLinkAboutCCM-04-04-77 MINUTES OF THE
CITY COUNCIL MEETING
~pril 4, 1977
The regular meeting of the City Council was called ~o order at 7:32 PM by
Mayor Pickett, who presided. All members except Councilman Reimanwere present.
City Attorney was present also. Debbie Cline, assistant to the Clerk-Treasurer,
took the minutes in the absence of the Clerk-Treasurer.
Councilman Doane gave the invocation. Mayor Pickett led the pledge of.allegiance.
Councilman Dean moved to dispense with the reading of the minutes and approve them
as received, Councilman Coots seconded it snd it passed unanimously.
SALkRY ORDINANCE #D-11~: Councilman Meachammoved to adopt Ordinance ~D-113 which
was presented at last meeting, Councilman Garretson seconded it. Councilman Swift
stated he continued to voice his opinion that $3.75 for the new employee in the
Utilities was too high. Councilman Garretson stated it had come out in the last
meeting that an error had been made on the amount, but inasmuch as the lady had
already been hired at that amount, he felt it would be unfair to lower it and
would go alon~with it as long as this was not a precedent that all future employees
will be hired in at that same mistake. Mayor Pickett stated that in the near
future there is going to be a salary schedule presented for adoption. Councilman
Garretsen stated that, in effect, what the Mayor brings to us is a fait aeeompli~where
the person has been working 3-4 weeks and was told we would pay her a specific
amount and the Council is told to approve it, if you don't she can take us to
court and in effect that negates the responsibility of the City Council. These
things should be brought to the Council prior to the hirin~ of the employees.
Councilman Coots stated he agreed that these types of ordinances should be brought
to the Council in advance of the promise of employment,and he thought' that Owen Kern,
himself and Peggy Smith are now in agreement that the section of the code providing
for employment and the salary ordinance require such to be adopted by the City
Council in advance of payment to the employee and now that we know that procedure
that should occur in each situation when new employees are hired henseforth.
(Clerk-Treasurer note: In minutes of March 21st City Attorney stated the Council
need not approve salary ordinance in advance and stated he would get Clerk-Treasurer
a letter to that effect, but later agreed that the Council did indeed have to adopt
an ordinance authorizi~ a new position of employment and setting forth a rate of
pay before hiring.) Motion to adopt passed 5-1. Councilman Swift voting nay.
CATV RATES: Councilman Garretson stated he wanted to commend Mr. Robbins of Cable TV.
In the last 2-3 weeks he has made every effort to be cooperative with the schools
in making available facilities out of Channel 18 to tape our victory pep rally after
the finals and provide copies of that and the games to the school and has contacted
him about televising part of the Classic this summer. Two representatives from the
home office were present: Mr. 0ssenberg and Mr. Harold Jones. Councilman Garretson
asked Mr. 0ssenberg how flexible their schedule was in providing community services.
Mr. 0ssenberg stated they did have equipment in Carmel. Councilman Garretson stated
he notice~that when they showed the pep rally out of Lafayette it was better 5tans-
mission than when they showed it out of here. Mr. 0ssenberg stated the unit was
not set up as it should have been. Mr. 0ssenberg stated what they would like to do
in conjunction with the schools is to turn over their origination by providi~ a
channel, equipment, etc. for them, as they do in other communities. Mr. Garretsen
stated the school is buying over $100,000.00 in new equipment, including cameras,
time base correcter, etc. Mr. 0ssenberg stated their equipped van could be used in
conjunctdon with the studio and on site and tape or present live programs. Council-
man Garretsen stated that the franchise stated if there were 40 subscribers in a
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square mile they have to serve them and Cable TV's own surveys indieate there is
at least that at Mohawk Hills Apartments but there is no Cable TV servingthe
apartments. FLr. 0ssenberg stated that they had had a c~sh flow loss that had not
enabled them to serve all areas such as Mohawk Hills and Woodland Springs but he
would make a conserted effort to get in there. Councilman Doane stated she had
Cable TV and buys the guide every two weeks and during the semi-state the book
stated it would be televised live but wasn't. Mr. 0ssenberg stated the guide was
correct but the station chose not to show it. Mr. 0ssenberg stated they would like
to start showing some of the games. Councilman Coots askedMr. 0ssenberg if he
felt it was necessary to amend the franchise agreement to reflect not only the
committments Hamilton Cable TV apparently is willing to make but also some of the
ambiguities as to Hamilton Cable TV's franchise itself. Mr. 0ssenberg stated that
under the FCC rules, ahytime you go to amend a franchise it runs into a real hassle.
He stated they had obligated themselves in the franchise but the Commission will not
let you go beyond what they think is something ~t is goi~ to be a real burden. The
Commission has given them a year moratorium on what they were going to do. They are
goi~ to go ahead and recertify all the franchises as they stand for a year. Commission
does not obligate itself to rates. Councilman Coots asked if they had a projection
as to when~ they might need an additional increase in rates. Mr. 0ssenberg stated
no he couldn't indicate that. Councilman Garretson asked Mr. 0ssenberg if he would
be willing to acknowledge receipt of the minutes of this meeting and agree to the
contents. Mr. 0ssenberg stated he would. Councilman Garretson then stated he under-
stood Cable TV would have a time-base corrector if necessary for distribution and
there would be a van permanently located here and would move immediately to serve
Mohawk Hills and Woodland Springs area and would work with the school systems, the
Mayor's office as soon as possible for installing two-way cable capabili~y. Mr. 0ssenberg
stated they would and he would like to point out that the franchise also clearly states
that their records and books are open for inspection by the City. Councilman Garretson
stated it was his understanding that if the Council took no action the new rates go
into effect April l~th. Councilman Coots stated that was correct. Councilman Swift
stated he felt it would be good for the Council meetings to be on TV and would move
that we invite the taping of oue meeting of the Council at their earliest convenience.
Councilman Garretson secouded it. Motion passed 5-1. Councilman Dean voting nay.
Mr. 0ssenberg stated he would like to do that.
AVAILABILITY AND TAP FEE RATES: Mayor Pickett stated Clyde E. Williams had made a
presentation of the proposed tap fee rates and acreage fees and there was an indication
an ordinance would be ready for this meeting; however, in the meantime the Chamber had
sent correspondence statin~ they felt the fees were too extensive so he did agree to
look fdrther into the rate structure. Mr. McCullough will be ~oing some rate analysis
on the additional figures that Clyde E. Williams has come up with. City Engineer,
Fred Hohl, presented the Council with a memo explaining the business user analysis
change in proposed ordinance and discussed it with the Council. Mayor Pickett stated
on the latest figures there are two different plans presented. Plan A project for
3,000,000 million dollars in bonds sold in 1979 and item 2~ Project for $2,100.000
in bonds sold in 1987. Alternate plan consists of three steps $2,500,000. sold in
1979, item 2 project for $1,700.00 bonds sold in 1985, project 3, $1,400,000 bonds
sold in 1990. Don Mc~llough stated he had talked with Steve Uhrick briefly on price
and received a hand-written list. Mayor Pickett stated he thought it would be necessary
to have a rate analysis on the latest figures. Councilman Swift stated inasmuch as the
Chamber complained about the commercial users proposed fee and found a discrepency,
he felt minimum users might need to re-exam those rates. Co'u_~cilman Garretson stated
there was no question but that the reason the Council has taken so long to review
this is that the residential user has had a very vociferous and loud spokesman in
the home builders association and the Chamber has been relatively quiet. Councilman
Swift stated the apartment dwellers were not represented and it might be well to think
about that. Councilman Garretson asked when Mr. McCullough felt he might have the
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rate estimates. Mr. McCullough stated he had just received inform~tien today
and he would hope he could have something on it in a couple of weeks. Councilman
Garretson stated it was his understanding there had to be a new treatment plant
on line by 1980 and it might be necessary to let the bond issue in 19?$~rather
than 1979. Councilman Doane stated she got confused every time she came to
Council meetings on the water situation and she would like to see theme people
all got togother some figures that everyone could understaud. She stated she
would like to see the Clyde E. Williams report, the Steeg report figured on
the same basis, the same areas with same types of materials on one page to
compare. Mayor Pickett stated they had come into the last meeting with rates
established based on the Clyde Williams report. Councilman Doane stated she
felt the people needed to know what the rate increase is going to be. Mayor
Pickett stated Fir. McCullough is going to be providing that. Councilman Coots
stated the Council needed to resolve what size EDU we are going to adopt because
that is fairly key in the overall establishment of equivalent user rates.
Mr. McCullough stated he would try to resolve that by talking wlth representatives
of Clyde E. Williams. If there is a problem he will come back to the Council.
PLAN COMMISSION JOINDER: Councilman Garretson asked Councilman Coots what is~the
status of the zoning situation north of here. Councilman Coots stated he had
two maps suitable for filing although we run into a gray area between Westfield
and Carmel on who has what jurisdiction. Councilman Coots stated at the Plan
Commission sub-cemmittee meetiD~g last Tuesday night they discussed the alternatives
as to filing a master plan or land use plan for the area as opposed to zoning
it by ordinance from the City of Carmel. Councilman Doane suggested representatives
from Carmel attend the April 12th hearing being held at Westfield regarding the
area indicatiD~ we would be interested in negotiating the boundary line with them.
REGIONAL SEWER PROJECT: Mayor Pickett stated last week he had received a copy of
a letter that 0ral Heft, of the Indiana Stream Pollution Board, had sent to
Mr. R. Michael Rohling of Indiana Heartland Co-ordinating Commission which
recommended the steering committee pursue an alternate course of action consisting
of a phase construction program to expedite the project and prevent Carmel from
violating the NPDES permit requirements. Mayor Pickett stated after he received
the letter he received notice from the EPA District Office in Chicago that we
are in vielation and if State does not take action in 30 days EPA will do so.
In the meantime, he had talked with Mr. Rohling and he did not seem to be in
favor of phasim~ this program. Mayor Pickett stated he had sent letters to the
two senators and RepresentatiVe Hillis concerning this. Mayor Pickett stated
Senator Bayh would be in the City later tonight and would discuss this with the
Mayor.
Thereb~further business the meeting was adjourned at 9:16 PM.
) /' Approved, .
Peggy Lou Smith Albert B. Pickett, Mayor
Clerk-Treasurer