City Council

MINUTES OF THE DECEMBER 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, DECEMBER 14, 2006 AT 7:00 P.M., WITH PRESIDENT RODNEY CHAMBERLAIN PRESIDING. INVOCATION: COUNCILMAN KATO SMITH. PLEDGE OF ALLEGIANCE: COUNCILMAN JOSEPH NEWMAN ROLL CALL: PRESENT: OLLIE. H DIXON, ART PEPELEA JR, RICK MUIR, KATO SMITH, JOSEPH NEWMAN, PAUL J. STAPLETON, DONNA J. DAVIS, MIKE WELCH AND PRESIDENT CHAMBERLAIN ABSENT: PRESENTATION OF PLAQUE: ON BEHALF OF THE ANDERSON CITY COUNCIL, PRESIDENT CHAMBERLAIN WISHED CITY ATTORNEY DAVID HAPPE WELL ON HIS NEW POSITION AND PRESENTED HIM WITH A PLAQUE OF APPRECIATION FOR HIS SERVICE. MR. HAPPE VOICED HIS APPRECIATION FOR THE PLAQUE. COUNCILMAN STAPLETON GAVE HIS THANKS TO MR. HAPPE FOR THE PERSONAL GUIDANCE GIVEN HIM BY MR. HAPPE. MINUTES: COUNCILWOMAN DAVIS MOVED THAT THE MINUTES FROM THE REGULAR MEETING NOVEMBER 9, 2006 AND THE MINUTES FROM THE PUBLIC FORUM NOVEMBER 27, 2006 BE APPROVED, SECONDED BY COUNCILMAN WELCH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. MINUTES APPROVED COMMUNICATIONS: A LETTER FROM CAROLYN TROESKEN REGARDING SMOKING ORDINANCE 81-06, LETTER FROM MORRIS LONG PERTAINING TO COUNCILMAN MUIR’S QUESTIONS FROM THE NOVEMBER COUNCIL MEETING, A PETITION AGAINST THE SMOKING ORDINANCE 81-06 AND ERICH EWALD TO GIVE REPORT ON COMMUNITY DEVELOPMENT/OFFICE MANAGER POSITION. HUMAN RESOURCE DIRECTOR ERICH EWALD STATED TO THE COUNCIL THAT AT THE REQUEST OF COUNCILWOMAN DAVIS THE OFFICE MANAGER POSITION WAS POSTED, 4 APPLICANTS IN HOUSE WERE INTERVIEWED AND EVALUATED AND A DECISION HAD BEEN MADE BY THE DEPARTMENT HEAD IN CONJUNCTION WITH 2 MEMBERS OF HER STAFF. COUNCILWOMAN DAVIS ASKED WHEN THE POSITION WAS FILLED AND COMMUNITY DEVELOPMENT DIRECTOR KATY GOAR STATED OFFICIAL NOTIFICATION CAME FROM THE HUMAN RESOURCE DEPARTMENT THIS WEEK. COUNCILWOMAN DAVIS ASKED WHO WAS SELECTED FOR THE POSITION AND MRS. GOAR STATED JANAY SMITH. IN REGARDS TO THE LETTER FROM MORRIS LONG, COUNCILMAN MUIR STATED HE WOULD RATHER WAIT UNTIL THE UTILITY BUDGET ORDINANCE CAME UP FOR VOTE TO ADDRESS HIS CONCERNS. PRESIDENT CHAMBERLAIN GAVE APPROVAL TO WAIT FOR THE BUDGET ORDINANCE. PUBLIC HEARINGS: A PUBLIC HEARING WAS HELD ON ORDINANCES 83-06 AND RESOLUTION 56-06. THERE WAS NO COMMENTS MADE BY THE AUDIENCE OR THE COUNCIL. THE PUBLIC HEARING WAS THEN CLOSED AT 7:17 P.M. ORDINANCES FOR THIRD 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. COUNCILWOMAN DAVIS MOVED THE ORDINANCE BE GIVEN THIRD 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 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 PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 79-06 ADOPTED. 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 WELCH MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN DIXON - 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 . MR. WIDING REQUESTED THAT THE ORDINANCE BE TABLED AT THIS TIME STATING A PROBLEM WAS FOUND WITH A PREVIOUS ANNEXATION AND IT WILL BE ADDRESSED IN ORDINANCE 91-06 LATER IN THE AGENDA. MOTION TO TABLE: COUNCILMAN SMITH MADE MOTION TO TABLE ORDINANCE 82-06, SECONDED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 82-06 TABLED. ORDINANCE PREVIOUSLY INTRODUCED WITH FIRST (1ST) READING APPROVED: 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 DIXON MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN PEPELEA. CITY CONTROLLER MORRIS LONG 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. COUNCILMAN MUIR SPOKE TO THOSE IN ATTENDANCE REGARDING HIS CONCERNS WITH THE USE OF MONIES FROM THE UTILITY BUDGET FOR FUNDING OF CIVIL CITY EXPENSES AND STATED HE WOULD BE VOTING AGAINST THIS ORDINANCE. CITY CONTROLLER MORRIS LONG RESPONDED AND STATED THAT AFTER FURTHER RESEARCH THERE IS NO ROLE REQUIRED BY THE COUNCIL IN REGARDS TO VOTING FOR THE BUDGET. MR. LONG FURTHER STATED IT DOES HAVE TO BE PRESENTED TO COUNCIL BUT IT DOES NOT HAVE TO BE VOTED ON. PRESIDENT CHAMBERLAIN ASKED MR. HAPPE IF THE COUNCIL HAD TO VOTE ON THE BUDGET. CITY ATTORNEY DAVID HAPPE RESPONDED BY STATING HE CONSULTED WITH AN INDEPENDENT UTILITY COUNCIL FROM INDIANAPOLIS AND FOUND THEY DID NOT HAVE TO VOTE ON THE BUDGET. HE MADE REFERENCE TO INDIANA CODE 8-1.5-3-4 SUBSECTION A-6 AND STATED IT REQUIRES THE UTILITIES GOVERNING BOARD, BOARD 2 OF WORKS, SUBMIT A BUDGET OF ITS MUNICIPAL UTILITIES FINANCIAL NEEDS FOR THE NEXT YEAR IN THE DETAIL REQUIRED BY THE MUNICIPAL LEGISLATIVE BODY SO THERE HAS TO BE AN ACCOUNTING TO THE COUNCIL OF HOW UTILITIES IS GOING TO SPEND THIS MONEY IN THE NEXT YEAR AND IF YOU ARE NOT SATISFIED BY THAT ACCOUNTING YOU CAN ASK UTILITIES THROUGH THEIR GOVERNING BOARD TO GIVE COUNCIL A MORE SPECIFIC ACCOUNTING WHICH IS COUNCIL’S WAY OF WATCHING THE UTILITIES AND UNDERSTAND HOW THE MONEY IS BEING SPENT. AFTER FURTHER DISCUSSION, QUESTION WAS CALLED BY COUNCILWOMAN DAVIS. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 3 (PEPELEA, STAPLETON AND WELCH) - NAYS 4 (DIXON, MUIR, NEWMAN AND DAVIS) – ABSTAIN 2 (SMITH AND CHAMBERLAIN). CITY ATTORNEY DAVID HAPPE CLARIFIED THERE IS NO PROVISION IN COUNCIL’S RULES FOR ABSTENTION AND FURTHER STATED ITS AN OPEN ISSUE UNDER INDIANA LAW. HE FURTHER STATED RESEARCH SHOWED THAT IN OTHER JURISDICTIONS AND THERE WAS SOME AUTHORITY THAT INDICATES THAT IF YOU ARE PRESENT IN THE CHAMBERS AND DO NOT VOTE IT IS CONSIDERED A YES VOTE BUT IT HAS NOT BEEN DECIDED IN INDIANA. AT THIS TIME, COUNCILMAN SMITH CHANGED HIS ABSTENTION TO YES. PRESIDENT CHAMBERLAIN SUGGESTED HE STEP OUT OF COUNCIL CHAMBERS AND NOT VOTE. COUNCILMAN SMITH STATED HE UNDERSTOOD THAT IF PRESIDENT CHAMBERLAIN STEPPED OUT IT WOULD BE CONSIDERED A YES VOTE ACCORDING TO THE ATTORNEY. MR. HAPPE STATED IT WAS NOT ACTUALLY DECIDED UNDER INDIANA LAW AS FAR AS HE KNEW AND IF THERE IS NO JURISDICTION IT IS TREATED AS A YES. HE FURTHER STATED TO PRESIDENT CHAMBERLAIN THAT IF HE DID STEP OUT HE NEEDED TO YIELD THE CHAIR TO SOMEBODY ELSE TO CHAIR THE MEETING IN HIS ABSENCE. AT THIS TIME PRESIDENT CHAMBERLAIN CHANGED HIS ABSTENTION TO YES. AFTER CLARIFICATION, FINAL VOTE WAS AYES 5 (PEPELEA, SMITH, STAPLETON, WELCH AND CHAMBERLAIN) - NAYS 4 (DIXON, MUIR, NEWMAN AND DAVIS) ORDINANCE 85-06 PASSED SECOND READING. A FINAL STATEMENT WAS MADE BY COUNCILMAN MUIR. SCOTT CALHOUN SPOKE IN REGARDS TO THERE BEING NO CHECKS AND BALANCES REGARDING PAY SCALES AND PAY RAISES. HUMAN RESOURCE DIRECTOR ERICH EWALD SPOKE REGARDING THE CURRENT USE OF THE OLIVER SYSTEM (CLASSIFICATION SYSTEM) AND STATED HE FELT IT WAS TIME TO EXPLORE OTHER ALTERNATIVES. ORDINANCE 85-06 – COUNCILMAN DIXON MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN PEPELEA. MAX MURRELL, LIGHT & POWER JOURNEYMAN/LINEMAN AND BUSINESS MANAGER OF LOCAL 281, SUGGESTED TO THE COUNCIL THE NECESSITY OF FORMING A UTILITY REVIEW BOARD TO PREVENT THIS FROM HAPPENING AGAIN AND STATED THIS WAS THE WISH OF THE PEOPLE THAT WORK AND PUT THEIR LIFE ON THE LINE EVERYDAY. COUNCILMAN STAPLETON QUESTIONED THE LEGALITY OF FORMING A UTILITY REVIEW BOARD. COUNCILMAN SMITH STATED THE COUNCIL SHOULD WORK TOWARD GETTING STATE LEGISLATION CHANGED SO THE COUNCIL WOULD HAVE THE ABILITY TO VOTE ON THE UTILITY BUDGET. AGAIN, MR. HAPPE MADE REFERENCE TO INDIANA CODE 8-1.5-3-4 SUBSECTION A-6. QUESTION WAS CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 5 (PEPELEA, SMITH, STAPLETON, WELCH AND CHAMBERLAIN) - NAYS 4 (DIXON, MUIR, NEWMAN AND DAVIS). ORDINANCE 85-06 ADOPTED. ORDINANCES TABLED – FIRST READING GIVEN – NO VOTE TAKEN: ORDINANCE 81-06 AS AMENDED – AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT. COUNCILMAN PEPELEA MOVED THE ORDINANCE BE REMOVED FROM THE TABLE, SECONDED BY COUNCILMAN MUIR – READ BY CITY CLERK. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 81-06 AS AMENDED REMOVED FROM TABLE. 3 MOTION TO WITHDRAW ORDINANCE 81-06 AS AMENDED – COUNCILMAN PEPELEA AND COUNCILMAN STAPLETON REQUESTED ORDINANCE BE WITHDRAWN. ORDINANCE 81-06 AS AMENDED WITHDRAWN PER SPONSORS. ORDINANCE 84-06 - AN ORDINANCE AMENDING ORDINANCE 102-04, AS PREVIOUSLY AMENDED, TO EXPAND THE EMPLOYEE INCENTIVE PROGRAM. COUNCILMAN MUIR MOVED THE ORDINANCE BE REMOVED FROM THE TABLE, SECONDED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 84-06 REMOVED FROM TABLE COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN MUIR - READ BY CITY CLERK. CITY CONTROLLER MORRIS LONG WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH AMENDS THE PREVIOUSLY PASSED AND AMENDED EMPLOYEE INCENTIVE ORDINANCE TO PROVIDE FOR AN INCREASE IN REVENUE DIRECTLY ATTRIBUTABLE TO THE SUGGESTION WHICH WAS EXCLUDED FROM THE ORIGINAL ORDINANCE. THERE WAS QUESTIONS AND ANSWERS. COUNCILMAN DIXON ASKED WHO WAS ON THE EMPLOYEE INCENTIVE PROGRAM COMMITTEE WITH MR. LONG STATING IT WAS HIMSELF, CONNIE SMITH FROM THE MAYOR’S OFFICE, HUMAN RESOURCE DIRECTOR ERICH EWALD, HUMAN RESOURCE SPECIALIST WAYNE HUFFMAN, BOARD OF WORKS CHAIRMAN ROB SPARKS, JOHN GATES AND REV. LEE. IT WAS STATED BY THE CITY CLERK THAT THERE WAS DISCUSSION HELD AT THE NOVEMBER MEETING OF ADDING A COUNCIL PERSON AND A REPRESENTATIVE FROM THE UNION COALITION TO THE COMMITTEE. AFTER DISCUSSION IT WAS DECIDED TO GIVE THE ORDINANCE ONE (1) READING ONLY AND AMEND THE ORDINANCE FOR THE JANUARY MEETING. QUESTION WAS CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 - NAYS 0. ORDINANCE 84-06 PASSED FIRST READING. CITY CONTROLLER MORRIS LONG ASKED IF THE APPOINTEES FOR THE COMMITTEE WERE TO BE NAMED NOW. PRESIDENT CHAMBERLAIN SAID THEY WOULD BE NAMED AT THE END OF THE MEETING. COUNCILMAN STAPLETON ASKED WHO WOULD BE CONTACTING THE COALITION PRESIDENT AND MR. LONG RESPONDED IT WOULD BE MR. CALHOUN. INTRODUCTION OF ORDINANCES FOR FIRST AND SECOND READING: ORDINANCE 83-06 – AN ORDINANCE VACATING A PUBLIC WAY WITHIN THE CITY OF ANDERSON, INDIANA. COUNCILMAN SMITH MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN NEWMAN - ORDINANCE AND LEGAL NOTICE HB-903 READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH AUTHORIZES THE VACATION OF A CERTAIN PUBLIC WAY ADJACENT TO THE FORMER SIDE OF THE CENTRAL AVENUE ELEMENTARY SCHOOL ON 21ST STREET, WHICH IS LOCATED IN FLETCHER PLACE ADDITION IN THE CITY OF ANDERSON, COUNTY OF MADISON, STATE OF INDIANA. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 83-06 PASSED FIRST READING. ORDINANCE 83-06 – COUNCILMAN PEPELEA MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN MUIR - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 83-06 PASSED SECOND READING. SUSPENSION OF RULES - COUNCILMAN PEPELEA MOVED RULES BE SUSPENDED, SECONDED BY COUNCILMAN MUIR. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES – 8 NAYS – 0 (SMITH ABSENT FROM COUNCIL CHAMBERS). RULES SUSPENDED ON ORDINANCE 83-06. 4 ORDINANCE 83-06 - COUNCILMAN PEPELEA MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN MUIR - READ BY CITY CLERK. THERE WAS A QUESTION AND ANSWER. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0. ORDINANCE 83-06 ADOPTED. ORDINANCE 88-06 – AN ORDINANCE AUTHORIZING THE CITY OF ANDERSON, INDIANA TO MAKE TEMPORARY LOANS TO MEET CURRENT RUNNING EXPENSES FOR THE GENERAL FUND, THE PARKS AND RECREATION FUND, THE FIRE PENSION FUND, THE POLICE PENSION FUND, THE AIRPORT FUND, THE SINKING FUND AND THE SANITARY DISTRICT SINKING FUND OF THE ISSUER, IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2006, AND COLLECTABLE IN THE YEAR 2007 (INCLUDING PROPERTY TAX REPLACEMENT REVENUES); AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS TO THE INDIANA BOND BANK; AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PUNCTUAL PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON. COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN STAPLETON - READ BY CITY CLERK. CITY CONTROLLER MORRIS LONG WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH AUTHORIZES THE CITY OF ANDERSON, INDIANA TO MAKE TEMPORARY LOANS TO MEET CURRENT RUNNING EXPENSES FOR THE GENERAL FUND, THE PARKS AND RECREATION FUND, THE FIRE PENSION FUND, THE POLICE PENSION FUND, THE AIRPORT FUND, THE SINKING FUND AND THE SANITARY DISTRICT SINKING FUND OF THE ISSUER. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 - NAYS 0. ORDINANCE 88-06 PASSED FIRST READING. ORDINANCE 88-06 – COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN STAPLETON - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0 ORDINANCE 88-06 PASSED SECOND READING. SUSPENSION OF RULES - COUNCILMAN NEWMAN MOVED RULES BE SUSPENDED, SECONDED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 - NAYS – 0. RULES SUSPENDED ON ORDINANCE 88-06. ORDINANCE 88-06 - COUNCILMAN NEWMAN MOVED THE ORDINANCE BE GIVEN THIRD READING, SECONDED BY COUNCILMAN STAPLETON - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 88-06 ADOPTED. ORDINANCE 89-06 - AN ORDINANCE ESTABLISHING ENVIRONMENTAL PROTECTION STANDARDS AND ENFORCEMENT PROCEDURES. COUNCILMAN STAPLETON MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILWOMAN DAVIS - READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING AND ASSISTANT STORMWATER SUPERINTENDENT CHAD PIGG WERE IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH REQUESTS THE ADOPTION OF ALL FEDERAL AND STATE STATUTES FOR ENVIRONMENTAL PROTECTION WHICH WILL PROVIDE FOR THE INVESTIGATION AND REMEDIATION OF HAZARDOUS SUBSTANCES. THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1 (DAVIS). ORDINANCE 89-06 PASSED FIRST READING. 5 ORDINANCE 89-06 - COUNCILMAN STAPLETON MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILWOMAN DAVIS - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 1 (DAVIS). ORDINANCE 89-06 PASSED SECOND READING. ORDINANCE 90-06 - AN ORDINANCE AMENDING ORDINANCE 41-88, TO EMPOWER THE BOARD OF PUBLIC SAFETY TO SET MINIMUM STANDARDS AND ESTABLISH A SELECTION PROCESS FOR CERTAIN TOWING SERVICES INITIATED BY THE CITY. COUNCILWOMAN DAVIS MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN WELCH - READ BY CITY CLERK. CITY ATTORNEY DAVID HAPPE WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH IS A CO-JOINED EFFORT BY THE CITY OF ANDERSON BOARD OF SAFETY AND POLICE DEPARTMENT TO ADDRESS ISSUES WITH INCONSISTENT FEE CHARGES FOR THE TOWING OF VEHICLES WITHIN CITY LIMITS AND THE CURRENT ROTATION SYSTEM ESTABLISHED IN ORDINANCE 41-88. ALSO IN ATTENDANCE TO REPRESENT THE ORDINANCE WERE A.P.D. POLICE CHIEF FRANK BURROWS, A.P.D. LT. STEVE OHLHEISER, A.P.D. PATROLMAN JOSH SENSENEY, SAFETY BOARD CHAIRMAN REV. LEE, SAFETY BOARD MEMBER P.T. MORGAN. THERE WAS QUESTIONS AND ANSWERS. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING STATED THE ORDINANCE SHOULD BE AMENDED TO ASSURE IMPOUND LOTS ARE ZONED I-2 AND HAVE A SPECIAL EXCEPTION FROM THE BOARD OF ZONING APPEALS. HE FURTHER STATED THAT CITY ATTORNEY HAPPE AND ASSISTANT CITY ATTORNEY KREEGAR AGREED THESE REQUIREMENTS SHOULD BE INCLUDED IN THE ORDINANCE. SAFETY BOARD CHAIRMAN REV. LEE STATED THE SAFETY BOARD WOULD ACCEPT THAT AMENDMENT. QUESTION CALLED BY COUNCILMAN STAPLETON. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0 ORDINANCE 90-06 PASSED FIRST READING. ORDINANCE 90-06 - COUNCILWOMAN DAVIS MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN WELCH - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 – NAYS 0. ORDINANCE 90-06 PASSED SECOND READING. ORDINANCE 91-06 – AN ORDINANCE AMENDING ORDINANCE NO. 74-06 AND RESOLUTION NO. 35-06, CONCERNING THE ANNEXATION OF CONTIGUOUS TERRITORY TO THE CITY OF ANDERSON, INDIANA. COUNCILMAN WELCH MOVED THE ORDINANCE BE GIVEN FIRST READING, SECONDED BY COUNCILMAN DIXON - READ BY CITY CLERK. MUNICIPAL DEVELOPMENT DIRECTOR MICHAEL WIDING WAS IN ATTENDANCE TO REPRESENT THE ORDINANCE WHICH AMENDS THE TOTAL ACREAGE IN THE ANNEXED TERRITORY TO 1.398 ACRES, MORE OR LESS, WITH AN AMENDED LEGAL DESCRIPTION. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0 (MUIR ABSENT FROM COUNCIL CHAMBERS DURING VOTE). ORDINANCE 91-06 PASSED FIRST READING. ORDINANCE 91-06 – COUNCILMAN WELCH MOVED THE ORDINANCE BE GIVEN SECOND READING, SECONDED BY COUNCILMAN DIXON - READ BY CITY CLERK. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 8 – NAYS 0 (COUNCILMAN MUIR ABSENT FROM COUNCIL CHAMBERS DURING VOTE). ORDINANCE 91-06 PASSED SECOND READING. INTRODUCTION OF RESOLUTIONS: RESOLUTION 56-06 – A FINAL CONFIRMATORY RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION AREA FOR ANDERSON TOOL AND ENGINEERING COMPANY, INC. COUNCILMAN DIXON MOVED THE RESOLUTION BE GIVEN ITS READING, 6 SECONDED BY COUNCILMAN PEPELEA – RESOLUTION AND LEGAL NOTICE HB-916 READ BY CITY CLERK. ECONOMIC DEVELOPMENT SPECIALIST DIANA PRISER 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 W. 53RD STREET, ANDERSON, MADISON COUNTY, INDIANA, ESTIMATED COST OF APPROXIMATELY ONE HUNDRED NINETY THOUSAND TWO HUNDRED FORTY DOLLARS ($190,240.00, CREATION OF EMPLOYMENT OPPORTUNITIES AND ELIGIBLE FOR A THREE (3) YEAR TAX ABATEMENT. THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 - NAYS 0. RESOLUTION 56-06 ADOPTED. RESOLUTION 57-06 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS, AND THE APPROPRIATIONS THEREOF FOR THE ANDERSON AIRPORT. COUNCILMAN PEPELEA MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN MUIR - READ BY CITY CLERK. CITY CONTROLLER MORRIS LONG WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH IS TO TRANSFER FUNDS FROM ACCT #54407 (EQUIPMENT LEASE) TO ACCT #53130 (CONSULTING) IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) AND FROM ACCT #52270 (OTHER OPERATING EXPENSES) TO ACCT #53130 (CONSULTING) IN THE AMOUNT OF SIX THOUSAND FOUR HUNDRED THIRTY THREE DOLLARS AND THIRTY THREE CENTS ($6,433.33) . THERE WAS QUESTIONS AND ANSWERS. QUESTION CALLED BY COUNCILMAN PEPELEA. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 - NAYS 0. RESOLUTION 57-06 ADOPTED. RESOLUTION 58-06 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE SAME APPROPRIATIONS, AND THE APPROPRIATIONS THEREOF FOR THE STREET DEPARTMENT/MOTOR VEHICLE HIGHWAY. COUNCILMAN MUIR MOVED THE RESOLUTION BE GIVEN ITS READING, SECONDED BY COUNCILMAN SMITH - READ BY CITY CLERK. CITY CONTROLLER MORRIS LONG AND STREET SUPERINTENDENT NICK VORES WAS IN ATTENDANCE TO REPRESENT THE RESOLUTION WHICH IS TO TRANSFER FUNDS FROM ACCT #52240 (CONTRACTUAL LABOR) TO ACCT #54430 (HEAVY EQUIPMENT) IN THE AMOUNT OF ONE THOUSAND ONE HUNDRED DOLLARS ($1,100.00), FROM ACCT #52270 (OTHER OPERATING SUPPLIES) TO ACCT #54430 (HEAVY EQUIPMENT) IN THE AMOUNT OF NINETEEN THOUSAND DOLLARS ($19,000.00) FROM ACCT #52310 (REPAIR PARTS) TO ACCT #54430 (HEAVY EQUIPMENT) IN THE AMOUNT OF TWENTY THREE THOUSAND DOLLARS ($23,000.00) FROM ACCT #52440 (UNIFORMS) TO ACCT #54430 (HEAVY EQUIPMENT) IN THE AMOUNT OF ONE THOUSAND FIVE HUNDRED TWENTY FOUR DOLLARS ($1,524.00) AND FROM ACCT #52450 (TRAINING SUPPLIES) TO ACCT #54430 (HEAVY EQUIPMENT) IN THE AMOUNT OF NINE HUNDRED TWENTY DOLLARS ($920.00). THERE WAS NO QUESTIONS. QUESTION CALLED BY COUNCILMAN SMITH. ON THE CALL OF THE ROLL THE VOTE WAS AS FOLLOWS: AYES 9 - NAYS 0. RESOLUTION 58-06 ADOPTED. MISCELLANEOUS BUSINESS: COUNCILWOMAN DAVIS TO SERVE ON EMPLOYEE INCENTIVE COMMITTEE ALONG WITH A UNION REPRESENTATIVE. SCOTT CALHOUN STATED HE SPOKE WITH GARY DAVIS REGARDING THE UNION REPRESENTATIVE TO BE APPOINTED AND MR. DAVIS AGREED TO FILL THE POSITION. CITY ATTORNEY HAPPE STATED THESE APPOINTMENTS MUST BE MADE BY AMENDMENT TO THE EMPLOYEE INCENTIVE ORDINANCE AND HE WOULD PREPARE THE AMENDMENT FOR THE NEXT MEETING. PRESIDENT CHAMBERLAIN AND COUNCILMAN STAPLETON TO SERVE ON RECLASSIFICATION COMMITTEE. 7 COUNCILMAN PEPELEA REQUESTED THAT THE MEETING DATES FOR THE 2008 BUDGET HEARINGS BE SCHEDULED AND GIVEN TO COUNCIL MEMBERS AT THE NEXT MEETING SO THEY CAN BE PUT ON COUNCIL MEMBERS SCHEDULES AND CALENDARS. CITY CONTROLLER LONG STATED HE WOULD SEND THEM BY E-MAIL/LETTER/COUNCIL CORRESPONDENCE IN ABOUT A WEEK. HE FURTHER STATED THAT REGARDLESS OF VOTING ISSUE ON THE UTILITY BUDGETS THE HEARINGS WILL STILL BE HELD AND HE WOULD GIVE THE COUNCIL AT LEAST AN EIGHT MONTH NOTICE FOR THE UTILITY BUDGET HEARINGS. COUNCILWOMAN DAVIS REQUESTED A COPY OF THE STATUTE PERTAINING TO COUNCIL MEMBERS ATTENDING BUDGET HEARINGS. MR. HAPPE STATED HE WOULD PROVIDE THE STATUTE TO THE COUNCIL. COUNCILWOMAN DAVIS ALSO REQUESTED A COPY OF THE STATUTE REGARDING VOTING ON THE UTILITY BUDGET. CITY CLERK ASHLEY STATED SHE WOULD E-MAIL THE STATUTE TO THE COUNCIL. COUNCILMAN STAPLETON COMMENTED ON HIS ATTENDANCE AT THE MANCOR JOB FAIR. BOARD OF WORKS CHAIRMAN ROB SPARKS GAVE REBUTTAL TO THE COUNCIL REGARDING THE UTILITY BUDGET PORTION OF THE COUNCIL MEETING. MAYOR KEVIN SMITH GAVE REBUTTAL TO THE COUNCIL REGARDING THE UTILITY BUDGET PORTION OF THE COUNCIL MEETING SCOTT CALHOUN GAVE REBUTTAL TO MAYOR SMITH’S COMMENTS HUMAN RESOURCE DIRECTOR ERICH EWALD SPOKE AND STATED HE WELCOME ANY SUGGESTIONS BY THE F.O.P. (FRATERNAL ORDER OF POLICE) CONTRACT NEGOTIATIONS ADJOURNMENT: COUNCILMAN STAPLETON MADE MOTION TO ADJOURN, SECONDED BY COUNCILMAN SMITH. MEETING ADJOURNED 9:19 P.M. RODNEY CHAMBERLAIN PRESIDENT, COMMON COUNCIL SHEILA ASHLEY CITY CLERK 8