City Council

MINUTES OF THE NOVEMBER MEETING OF THE COMMON COUNCIL OF THE CITY OF ANDERSON OPENING OF MEETING: THE COMMON COUNCIL OF THE CITY OF ANDERSON, MADISON COUNTY, INDIANA, MET IN THE COUNCIL CHAMBERS AT CITY HALL ON THURSDAY, NOVEMBER 9, 2006 AT 7:00 P.M., WITH PRESIDENT RODNEY CHAMBERLAIN PRESIDING. INVOCATION: COUNCILMAN MIKE WELCH. PLEDGE OF ALLEGIANCE: COUNCILMAN KATO SMITH ROLL CALL: PRESENT: OLLIE. H DIXON, ART PEPELEA JR, KATO SMITH, JOSEPH NEWMAN, PAUL J. STAPLETON, DONNA J. DAVIS, MIKE WELCH AND PRESIDENT CHAMBERLAIN ABSENT: RICK MUIR MINUTES: COUNCILMAN NEWMAN MOVED THAT THE MINUTES FROM THE REGULAR MEETING OCTOBER 12, 2006 BE APPROVED, SECONDED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES -8 NAYS - 0. MINUTES APPROVED COMMUNICATIONS: UNANIMOUS CONSENT GIVEN FOR CONFLICT OF INTEREST FORM FOR COUNCILMAN PAUL J. STAPLETON. DIRECTOR OF THE CITY OF ANDERSON TRANSPORTATION, PETER HUER, AND JOHN BARTOSIEWICZ FROM McDONALD TRANSIT ASSOCIATES, INC PRESENTED THE COUNCIL WITH AN INFORMATIONAL SESSION FOR THE COMPREHENSIVE TRANSPORTATION ANALYSIS PLAN COUNCILMAN ART PEPELEA DISTRIBUTED MINUTES FROM THE MEETING HELD ON OCTOBER 24, 2006 REGARDING ORDINANCE 81-06 (SMOKING ORDINANCE). PUBLIC HEARINGS: ORDINANCES 80-06, RESOLUTIONS 50-06, 51-06 ORDINANCES FOR THIRD READING: ORDINANCE 60-06 - AN ORDINANCE AMENDING ORDINANCE NO. 1141, ORDINANCE NO. 2439 AND ORDINANCE NO. 36-63 OF THE CITY OF ANDERSON, MADISON COUNTY, INDIANA, WITH RESPECT TO A CHANGE IN THE ZONE MAP AS TO CERTAIN REAL ESTATE WITHIN THE CITY OF ANDERSON, AS HEREIN PARTICULARLY DESCRIBED. COUNCILWOMAN DAVIS MOVED THE ORDINANCE BE GIVEN FINAL READING, SECONDED BY COUNCILMAN WELCH- READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH REQUESTS REZONING OF 1.2 ACRES FROM R-3 TO B-3, LOCATED AT 1604 WEST 53RD STREET. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES –8 NAYS - 0. ORDINANCE 60- 06 ADOPTED. ORDINANCE 75-06 - AN ORDINANCE AMENDING ORDINANCE NO. 1141, ORDINANCE NO. 2439 AND ORDINANCE NO. 36-63 OF THE CITY OF ANDERSON, MADISON COUNTY, INDIANA, WITH RESPECT TO A CHANGE IN THE ZONE MAP AS TO CERTAIN REAL ESTATE WITHIN THE CITY OF ANDERSON, AS HEREIN PARTICULARLY DESCRIBED. COUNCILMAN WELCH MOVED THE ORDINANCE BE GIVEN FINAL READING, SECONDED BY COUNCILMAN DIXON- READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH REQUESTS REZONING OF 5.9 ACRES FROM I-3 TO I-1, LOCATED AT 4408 DR. MARTIN LUTHER KING JR. BOULEVARD. THERE WAS QUESTIONS FROM THE COUNCIL. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES –8 NAYS - 0. ORDINANCE 75-06 ADOPTED. ORDINANCE 80-06 – AN ORDINANCE DESIGNATING AN ECONOMIC DEVELOPMENT TARGET AREA, AND FIXING A DATE, TIME AND PLACE FOR A PUBLIC HEARING THEREON FOR HENRY CALHOUN. COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN FINAL READING, SECONDED BY COUNCILMAN PEPELEA- READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH IS NEW CONSTRUCTION OF ONE (1) OWNER OCCUPIED SINGLE FAMILY DWELLING, ESTIMATED COST ONE HUNDRED THOUSAND DOLLARS ($100,000.00), CREATION OF APPROXIMATELY TWENTY (20) EMPLOYMENT OPPORTUNITIES AND ELIGIBLE FOR SIX (6) YEAR TAX ABATEMENT. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES – 8 NAYS - 0. ORDINANCE 80-06 ADOPTED. INTRODUCTION OF ORDINANCES FOR FIRST AND SECOND READING: ORDINANCE 79-06 - AN ORDINANCE AMENDING ORDINANCE NO. 1141, ORDINANCE NO. 2439 AND ORDINANCE NO. 36-63 OF THE CITY OF ANDERSON, MADISON COUNTY, INDIANA, WITH RESPECT TO A CHANGE IN THE ZONE MAP AS TO CERTAIN REAL ESTATE WITHIN THE CITY OF ANDERSON, AS HEREIN PARTICULARLY DESCRIBED. COUNCILMAN PEPELEA MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN SMITH- READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH REQUESTS REZONING OF 23.938 ACRES FROM I-3 TO 1-1, LOCATED IN THE 4700 THROUGH 4900 BLOCKS OF DR. MARTIN LUTHER KING BOULEVARD. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES – 8 NAYS -0. ORDINANCE 79-06 PASSED FIRST READING ORDINANCE 79-06 – COUNCILMAN PEPELEA MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN SMITH- READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES – 8 NAYS - 0. ORDINANCE 79-06 PASSED SECOND READING. ORDINANCE 82-06 - AN ORDINANCE AMENDING ORDINANCE NO. 1141, ORDINANCE NO. 2439 AND ORDINANCE NO. 36-63 OF THE CITY OF ANDERSON, MADISON COUNTY, INDIANA, WITH RESPECT TO A CHANGE IN THE ZONE MAP AS TO CERTAIN REAL ESTATE WITHIN THE CITY OF ANDERSON, AS HEREIN PARTICULARLY DESCRIBED. COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN NEWMAN- READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH REQUESTS ZONING OF 1.55 ACRES FROM NO ZONE TO R-1, LOCATED AT 3222 ALEXANDRIA PIKE . THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES –8 NAYS -0. ORDINANCE 82-06 PASSED FIRST READING ORDINANCE 82-06 – COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN PEPELEA - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL 2 THE VOTE WAS AS FOLLOWS: AYES –8 NAYS -0. ORDINANCE 82-06 PASSED SECOND READING. ORDINANCE 84-06 - AN ORDINANCE AMENDING ORDINANCE 102-04, AS PREVIOUSLY AMENDED, TO EXPAND THE EMPLOYEE INCENTIVE PROGRAM. COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN STAPLETON- READ BY CITY CLERK. CLAIMS ANALYSTS JOHN GATES WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH AMENDS THE PREVIOUSLY PASSED AND AMENDED EMPLOYEE INCENTIVE ORDINANCE. THERE WAS SEVERAL QUESTIONS AND ANSWERS REGARDING THE ORDINANCE. AUDIENCE MEMBER SCOTT CALHOUN ALSO HAD A QUESTION REGARDING THE ORDINANCE. MOTION TO TABLE – COUNCILMAN SMITH MADE MOTION TO TABLE ORDINANCE 84-06, SECONDED BY COUNCILMAN DIXON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES – 8 NAYS – 0. ORDINANCE 84-06 TABLED. ORDINANCE 85-06 – AN ORDINANCE ACCEPTING THE FINANCIAL NEEDS OF THE MUNICIPAL LIGHT AND POWER, WATER, WATER POLLUTION CONTROL AND STORMWATER UTILITIES OF THE CITY OF ANDERSON, INDIANA AND ESTABLISHING PROCEDURES FOR THE APPROVAL OF TRANSFERS AND ADDITIONAL APPROPRIATIONS TO THE UTILITY BUDGETS. COUNCILMAN STAPLETON MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILWOMAN DAVIS. FINANCIAL MANAGER RENISA HARRY WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH ESTABLISHES THE BUDGET FOR THE YEAR OF 2007 FOR THE MUNICIPAL LIGHT AND POWER, WATER AND STORMWATER UTILITIES. THERE WAS SEVERAL QUESTIONS AND CONCERNS REGARDING THE ORDINANCE. AFTER A LONG DISCUSSION, THE COUNCIL AGREED TO GIVE THE ORDINANCE ONLY ONE READING. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES – 7 NAYS –1 DIXON. ORDINANCE 85-06 PASSED FIRST READING. INTRODUCTION OF RESOLUTIONS: RESOLUTION 49-06 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS, AND THE APPROPRIATIONS THEREOF FOR THE FIRE DEPARTMENT. COUNCILWOMAN DAVIS MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN WELCH – READ BY CITY CLERK. FIRE CHIEF PHIL ROGERS WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH IS TO TRANSFER FUNDS FROM ACCT #51295 (INSURANCE) TO ACCT #52201 (GASOLINE) IN THE AMOUNT OF TWENTY SIX THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND FIFTY TWO CENTS ($26,760.52). THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES –7 NAYS – 0 (NEWMAN OUT OF CHAMBERS). RESOLUTION 49-06 ADOPTED. RESOLUTION 50-06 – A FINAL CONFIRMATORY RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION AREA FOR MANCOR INDIANA, INC. COUNCILMAN WELCH MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN DIXON– READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH CONSISTS OF THE PURCHASE OF PRODUCTION MACHINING AND FABRICATION MACHINERY FOR MANUFACTURING COMPONENTS FOR DIESEL ENGINES AND HEAVY DUTY TRUCK CHASSIS, LOCATED AT 7825 AMERICAN WAY, ESTIMATED COST OF APPROXIMATELY FIVE MILLION ONE HUNDRED SIXTY SIX THOUSAND DOLLARS ($5,166,000.00), CREATION OF ONE HUNDRED AND THIRTY (130) EMPLOYMENT OPPORTUNITIES AND ELIGIBLE FOR A TEN (10) YEAR TAX ABATEMENT. THERE WAS QUESTIONS AND ANSWERS. QUESTION 3 CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES –8 NAYS - 0. RESOLUTION 50-06 ADOPTED. RESOLUTION 51-06 – A FINAL CONFIRMATORY RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION AREA FOR Z AND S SHARP REAL ESTATE INC. COUNCILMAN DIXON MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN PEPELEA– ORDINANCE AND LEGAL NOTICE HB-854 READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH CONSISTS OF THE CONSTRUCTION OF A 7,828 SQUARE FOOT SHIPPING AND RECEIVING DOCK AREA, LOCATED AT 444 EAST 29 TH STREET, ESTIMATED COST OF APPROXIMATELY TWO HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($225,000.00), CREATION OF THREE (3) EMPLOYMENT OPPORTUNITIES AND ELIGIBLE FOR A THREE (3) YEAR TAX ABATEMENT. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES– 8 NAYS -0. RESOLUTION 51-06 ADOPTED. RESOLUTION 52-06 – A PRELIMINARY DECLARATORY RESOLUTION FIXING A DATE, TIME AND PLACE FOR A PUBLIC HEARING THEREON FOR ANDERSON TOOL AND ENGINEERING COMPANY INC. COUNCILMAN PEPELEA MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN SMITH– READ BY CITY CLERK. ECONOMIC DEVELOPMENT DEPUTY DIRECTOR LINDA DAWSON WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH CONSISTS OF THE PURCHASE OF A CNC VTL, VERTICAL TURNING LATHE USED FOR LARGE SCALE TURNING WORK, LOCATED AT 1735 WEST 53RD STREET, ESTIMATED COST OF APPROXIMATELY ONE HUNDRED NINETY THOUSAND TWO HUNDRED FORTY DOLLARS ($190,240.00), RETENTION OF ALL 78 EXISTING EMPLOYEES, ELIGIBLE FOR A THREE (3) YEAR TAX ABATEMENT. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES –8 NAYS -0. RESOLUTION 52-06 ADOPTED. RESOLUTION 53-06 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS AND THE APPROPRIATIONS THEREOF FOR ANDERSON AIRPORT. COUNCILMAN SMITH MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN NEWMAN – READ BY CITY CLERK. AIRPORT MANAGER STEVE DARLINGTON WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH IS TO TRANSFER FUNDS FROM ACCT #51295 (INSURANCE) TO ACCT #53130 (CONSULTING) IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00). THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES –8 NAYS -0. RESOLUTION 53-06 ADOPTED RESOLUTION 54-06 – A RESOLUTION AUTHORIZING THE APPLICATION FOR A BROWNFIELDS REVOLVING LOAN FUND GRANT, AND COMMITTING TO THE ESTABLISHMENT OF A BROWNFIELDS REMEDIATION FUND AND REVOLVING LOAN PROGRAM. COUNCILMAN NEWMAN MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN STAPLETON – READ BY CITY CLERK. STORMWATER MANAGER CHADD PIGG WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH IS A GRANT FUND AVAILABLE FROM THE UNITED STATES ENVIRONMENTAL PROTECTION ADMINISTRATION TO BE USED IN A BROWNFIELDS REMEDIATION REVOLVING LOAN FUND. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES – 8 NAYS – 0. ORDINANCE 54-06 ADOPTED. 4 MISCELLANEOUS BUSINESS: COUNCIL TO APPOINT MEMBERS TO A COMMITTEE TO STUDY ORDINANCE 85-06, MEMBERS ON THAT COMMITTEE ARE DONNA DAVIS, RICK MUIR AND MIKE WELCH ADJOURNMENT: COUNCILMAN STAPLETON MADE MOTION TO ADJOURN, SECONDED BY COUNCILMAN SMITH. MEETING ADJOURNED 8:58 P.M. RODNEY CHAMBERLAIN PRESIDENT, COMMON COUNCIL SHEILA ASHLEY CITY CLERK 5