City Council

4 TOWN OF CICERO TOWN COUNCIL MEETING MINUTES Tuesday, August 7, 2018 At 7:00 PM Call To Order: President Rusty Miller called the meeting to order and lead the Pledge of Allegiance. Mr. C.J. Taylor gave the prayer. President Miller called for the roll call and the members of the Town Council were present or absent as follows: Present: Chad Amos Absent: Brett Foster Chris Lutz Rusty Miller Craig Penwell Mr. Miller declared a quorum. Others Present: Jan Unger, Clerk Treasurer Charlie Cambre, Park Superintendent Pat Comer, Street & Utilities Director Jim Hunter, Police Chief Lance Overholser, Fire Chief C. J. Taylor, Cicero/Jackson Township Plan Commission Director Shae Kmicikewycz, Community Development Specialist Aaron Culp, Town Attorney Dan Strong, Cicero/Jackson Township Plan Commission President Approval of Agenda: Mr. Miller added the Trash Bid Packet and the Golf Cart Ordinance amendment to New Business. Mr. Amos made a motion to approve Agenda as amended. Mr. Penwell seconded, motion passed. Approval of Prior Minutes: Town Council Meeting Minutes, July 17, 2018, 7:00 PM – Town Council Executive Session Memorandum, July 31, 2018, 6:30 PM – Mr. Lutz made a motion to approve the Minutes for the Town Council Meeting on July 17, 2018 and the Town Council Executive Session Memorandum, July 31,2018. Mr. Penwell seconded, motion passed. Approval of Claims: Mr. Penwell a motion to approve the Claims for August 7, 2018 as presented. Mr. Lutz seconded, motion passed. Petitions by Citizens: 1. Mr. Art Hall addressed the Council and thanked the Town for their assistance with the lake cleanup. They removed 10 dump loads of debris from the lake. They could not have gotten this accomplished without the assistance of Mr. Cambre. He allowed them to bring the debris into Red Bridge Park where Mr. Comer’s staff assisted with the removal. 1  The amount of debris was down this year. Mr. Hall stated that the cleanup will always be on the 3rd Saturday in July. 2. Megan Heard addressed the Council concerning placing a fence in an easement on their property. She presented information and a plat of their property and explained where the fence would be placed. Mr. Comer stated that there is no pipe in the ground in the location they are planning to install the fence. Mr. Lutz made a motion to approve the variance for the fence for Ms. Heard. Mr. Amos seconded, motion passed. President’s Report: 1. Mr. Miller informed the Council that he presented the State of Cicero at the Hamilton North Chamber of Commerce meeting in Arcadia on July 17, 2018. He discussed the MI Homes project, the Kayak launch, the Baseball fields and the utility projects. Mr. Miller stated that Cicero has a lot going on. 2. Mr. Miller reminded everyone that the Dine on the Causeway is September 8th. Tickets may be purchased from Sue Baker or through Eventbrite. 3. Mr. Miller stated that there will be a meeting with the County regarding the possibility of providing sewer to Koteewi Park on Friday at 9:30 am. Council Committee Reports: 1. OTC Report – No report. 2. EDC Report – Mr. Lutz stated that they did not meet in July but they are working on the needs assessment. Legal Counsel Report- Aaron Culp: 1. Mr. Culp informed the Council that the Cicero Metropolitan Police Commission met on August 6, 2018 and accepted the resignation of Brad Gorgas. The Council needs to address this evening. Mr. Amos made a motion to accept Mr. Gorgas’ resignation and allow Mr. Miller to sign. Mr. Penwell seconded, motion passed. 2. Mr. Culp stated that he has prepared a purchase agreement for the purchase of the NRG property. He stated that the Council needs to address earnest money, cost and price. Mr. Amos stated the he does not think anything should be put in as earnest money. The Town would have to get appraisals. There was a lengthy discussion on price, insurance, liability, removing the slab, zoning, using TIF funds and about questions to ask Taft. The Council decided they would readdress at the next Council Meeting, August 21st. Cicero/Jackson Township Plan Commission Report-C. J. Taylor/Dan Strong: 1. Mr. Taylor presented the Council with the following report: Director's Report August 2018 Permit Revenue: July 2018 = $4,132.00 YTD: $38,589.00 July 2017 = $5,089.00 YTD: $39,110.00 Difference: Month = $957.00 / 19% YTD: $521.00 / 1% We have issued a total of 21 building permits for July. 11 have been inside the corporate limits (of which 0 have been new homes). We have issued 10 in Jackson Township (of which 0 have been new homes). M/I Homes is starting to install storm sewer in the Tamarack subdivison I have completed a 2 day introduction to ARC GIS Pro class, hosted by the Indiana State Office of Technology. 2  We have been working with the “White Van” property in Millersburg to get it cleaned up. The owner has been responsive and intends to make it look and function again as an active business. Emily has now scanned and saved electronically, all of our files dating back to January 2015. She will continue as time allows until all hard copy archives (some date back into the 1970’s) are scanned and saved for ease of access and to free up valuable storage space in our building. 2. Mr. Strong stated the Town has received from MI Homes the Sanitary and Water Service Agreement Purchase Agreement and release of assets from Mr. Steckley for the 133 availability fees. Mr. Strong stated that the Council needs to acknowledge they received this and give Mr. Miller permission to sign. Mr. Amos made a motion to acknowledge the receipt of the MI Homes the Sanitary and Water Service Agreement Purchase Agreement and release of assets from Mr. Steckley for the 133 availability fees and allow Mr. Miller to sign. Mr. Lutz seconded, motion passed. 3. Mr. Strong informed the Council that 150 West Jackson building will be torn down beginning August 15th. The State Police will be in the building training on August 9th. The fire department was able to get 90 hours of training earlier. Town Engineer Report - Mr. Keith Bryant Mr. Bryant was not available. Old Business: Council To Hear Report From Tina Henderson Regarding Bids For Façade Project And OCRA’s Decision. This item remained tabled; however, Ms. Kmicikewycz stated that Ms. Henderson has received all of the necessary signed document from the property owners which has been turned into the DNR. Ms. Henderson will be at the August 21st meeting. The Town did receive the requested extension. Council To Discuss MI Homes Annexation. Mr. Strong informed the Council that he has received a draft of the Fiscal Plan that is needed for the Annexation of MI Homes property. Mr. Rogers with Umbaugh has also submitted a Timetable for the Annexation process. Mr. Culp reviewed the Timetable: August 29th publish public hearing on annexation; September 4th Council receives landowner petitions; September 18th Council holds public hearing; October 2nd Council Adopts annexation ordinance; November 1st Record and File Ordinance. Mr. Culp stated that the Council needs to keep close to this timetable in order to get completed this year. Mr. Strong stated that Mr. Culp, Chief Hunter, Chief Overholser, Ms. Unger and he met and reviewed and discussed the Fiscal Plan. Recommended changes have been made back to Mr. Rogers. Mr. Strong should have it back in a few days. Mr. Lutz asked for this to be put on the Staff Meeting on August 16th. Mr. Lutz also inquired about the northside of 236th assuming that there is not enough time to complete before the end of the year and this was confirmed by Mr. Culp. Council To Set Ordinance 07-03-2018-1 An Ordinance Setting Bulk Water Rates For Public Hearing. 3  Mr. Amos made a motion to advertise for a public hearing on Ordinance 07-03-2018-1 An Ordinance Setting Bulk Water Rates For Public Hearing. Mr. Lutz seconded, motion passed. Ms. Kmicikewycz To Present Information To Council Regarding The Community Crossings Matching Grant And Discuss Moving Forward With Application. Ms. Kmicikewycz stated that she sent out the information she received from the Greenfield meeting regarding the requirements for the next CCMG. While she was there she worked with three different INDOT employees going over the Town’s proposal regarding what would and would not qualify. Mr. Lutz reviewed his spreadsheet on the financing aspect and stated that there would be more information to come. The grant is due on September 28th . Ms. Kmicikewycz stated that she would still have time to complete the application if we waited till the next meeting to decide how to move forward. Ms. Kmicikewycz stated that she has a lot of information to work with currently. Ms. Kmicikewycz stated that INDOT would be going to two applications per year and she thought that this would help also. The total of the two applications is still capped at one million however they plan to continue this program for several years. This will be discussed again at the next Council Meeting on August 21st. Mr. Amos asked to add lighting to the next staff meeting. New Business Council To Consider Resolution 08-07-2018-1 Transfer Of Funds, Fire Department. Mr. Amos made a motion to approve Resolution 08-07-2018-1 Transfer Of Funds, Fire Department. Mr. Lutz seconded, motion passed. Council To Consider Approving To Advertise For Request For Proposals For Solid Waste, Recycling Collection And Disposal. Mr. Lutz made a motion to approve advertising for bids for solid waste, recycling collection and disposal. Mr. Penwell seconded, motion passed. Council To Consider Amendment To Sections 77.05 And 77.06 of Title VII Of The Municipal Code Of The Town Of Cicero Pertaining To Operation Of Golf Carts On Town Streets. Chief Hunter explained that the current ordinance only states that headlights are needed if the cart would be used after dark and the intent was that they are required for a permit. Additionally, the current curfew is 10 pm. This ordinance changes the curfew to midnight. Mr. Amos also inquired if the beginning time could be changed to 5 am. Chief Hunter stated that he had no problem with that. Mr. Amos made a motion to approve with the additional change of 5 am start time. Mr. Penwell seconded, motion passed, motion passed 3-1 with Mr. Lutz voting nay. Miscellaneous 1. Mr. Lutz asked to add the sick leave policy to the Staff Meeting on August 16th. 2. Mr. Penwell informed the Council that there was a branding meeting on August 8th. 3. Mr. Lutz inquired if Mr. Taylor was aware of his position on development. Mr. Lutz will get with Mr. Taylor. 4  4. Chief Hunter asked the Council if it was okay for him to begin the hiring process for a new officer. Council stated it was okay to move forward. Comments By Citizens 1. There were none. Motion To Adjourn: Mr. Amos made a motion to adjourn. Mr. Lutz seconded, motion passed. Signatures on Official Documents! __________________________ Robert J. Miller, President __________________________ Christopher J. Lutz, Vice-president __________________________ Chad B. Amos __________________________ Brett S. Foster __________________________ Craig S. Penwell Attested: __________________________ Jan Unger, Clerk Treasurer The Next Cicero Town Council Meeting will be on August 21, 2018, at 7:00 PM at the Cicero Town Hall. 5