Common Council

COUNCIL MEETING MINUTES SEPTEMBER 10TH, 2018 The Common Council of the City of Kokomo, Indiana met Monday September 10th, 2018 at 6:00 P.M.in the City Hall Council Chambers. The meeting was called to order by President Hayes. President Hayes states, those who wish to stand may stand, or you may remain seated. Invocation was offered by Pastor Randy Blankenship from New Life Church. Pledge: Present: Wyant, Young, Haworth, Kennedy, Hayes, Whikehart, Sanders, Miklik Absent: Cameron The minutes of the Public Hearing & Council Meeting Minutes August 27th, 2018 were declared approved as presented. COMMUNICATOINS: President Hayes states, we need to fill a vacancy on the Greater Economic Development Alliance. Councilman Whikehart is going to have to step down. We want to thank you for your work you have done. Councilman Miklik filled the void for us. We want to thank him for his work; and all the Council Members that have served in the past, and future on that Committee. Council Meeting Minutes September 10th, 2018 Page-2 Cont. Communications. In regards to Ordinance #6912 the schedule for that ordinance will be Introduction Sept. 10th, First reading Sept. 24th, Public Hearing Oct. 8th, at 6:00 P.M. in the Council Chambers. Ordinance #6912 will also be on for Second and Final reading. We will need to set a Public Hearing for Ordinance #6911, and #6914 for September 24th, 2018, at 6:00 P.M.in the Council Chambers. Mary Spyker 1228 E. Sycamore St. Kokomo, Ind. states, first of all I want to thank you for allowing me this time. I will state this whole issue that started three years ago with weeds in my neighbor’s yard growing up my fence. I have (4) questions to bring to you. 1. What constitutes which ordinances are up-held, and which ones are ignored? President Hayes states, there is no decision. An ordinance is a Law of the City. They are to be enforced equally at all times. Are we a hundred percent no but we aim to be hundred percent on that. 2. Why is Code Enforcers not enforcing the Codes but instead threating the plaintiff’s? President Hayes states, if that has happened we have a way to handle those situations by going to the Administration; going to the Fire Department. If need be you can get a meeting with the Police. 3. Why aren’t all ordinances held in one spot for easy access; so that people moving into the City can know what the ordinance is? President Hayes states, the City Clerk is responsible for the maintenance, and handling of ordinances. Council Meeting Minutes September 10th, 2018 Page-3 Cont. Communications. 4. Why is Code Enforcement more interested in excuses of why the Code should not be up-held? President Hayes states, I do not know that for a fact. I think that is an opinion. Councilwoman Young states, as soon as I heard of you having this inconvenient. I called you right away so please give me a chance to take care of this. I am addressing your problem. Bob Lashlee 802 S. Washington St. Kokomo, Ind. states, I own about 50 rental properties in Kokomo. I am here to speak about a change been made at some point in recent years. In years past if property had grass that was too tall; they would send out a certified letter giving you so many days from the receipt of that letter to cut the grass. The letter now is not sent registered or certified, and gives the owner 5 days not 10 from the date that letter was written, and this in-cludes the days it gets to your mailbox. I want to keep my yards looking decent. I am a person that wants to help here. The easier thing to do is to give owners a more reasonable amount of time to address the problem. I would say 10 days. I would like some consideration, and some feedback about this problem. Council Attorney Corbin King states, I will be glad to look at the ordinance. I believe the State a few years ago did give the municipally some lead-way on the notice because it was very onerous on the City to keep sending out notices to repeat offenders, and so they did make the notice requirement a little less restricted. I believe that we had put that in our ordinance. I will review the ordinance, and the State Statue. It was probably about 3-5 years ago that it changed on the books. I will let you know. I will report back to the Council. Council Meeting Minutes September 10th, 2018 Page-4 Cont. Communications. Councilman Miklik states, during this time period the post office has changed their processes. The mail takes longer now to get to Kokomo. I would like to know too. President Hayes states, I will have the City Council Attorney look into what he is stated to you. Get with you, and go from there. There were no committee reports given at this regular meeting. ORDINANCE 6898: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF KOKOMO INDIANA ANNEXING CERTAIN TERRITORY TO THE CITY OF KOKOMO, INDIANA FOLLOWING RECEIPT OF A VOLUNTARY PETITION, PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE (“KENWOOD GARDENS ANNEXATION”) Second reading Ordinance 6898 was read by the Clerk by title only. Councilwoman Young moved for passage on ordinance #6898 on second reading; seconded by Councilman Wyant. Councilwoman Young states, this is an ordinance of the Common Council of the City of Kokomo, Indiana. It is an ordinance annexing certain territory to the City. Kenwood Gardens known as the Darrough Chapel area. Following receipt of the voluntary petition place in the area in the corporate boundaries making it part of the City of Kokomo. Council Meeting Minutes September 10th, 2018 Page-5 Cont. Ordinance #6898. All Council Members have received a map attached with the ordinance showing the streets that are going to be incorporated into the City of Kokomo. They are as follows: Emery St., Clark St., Lewis St., Harrison St., and they are all located on the Northeast side of Markland to be annexed in. Vote for passage follows: Aye: All Nay: None The vote was 8 to 0 for passage on second reading. ORDINANCE 6909: AN ORDINANCE FIXING THE SALARIES OF THE ELECTED CITY OFFICIALS OF THE CITY OF KOKOMO, INDIANA EFFECTIVE JANAUARY 1, 2019 THROUGH DECEMBER 31, 2019. Second reading Ordinance 6909 was read by the Clerk by title only. Councilman Whikehart moved for passage on ordinance #6909 on second reading; seconded by Councilwoman Sanders. Councilman Whikehart states, this will fix the salaries of the Elected Officials. Prior to last year the Council, and Mayor’s office has gone close to a decade without receiving any increase. I would ask Council to approve this. Vote for passage follows: Aye: All Nay: None The vote was 8 to 0 for passage on second reading. Council Meeting Minutes September 10th, 2018 Page-6 ORDINANCE 6910: AN ORDINANCE FIXING THE MAXIMUN SALARIES OF APPOINTIVE OFFICERS, DEPUTIES, ASSISTANTS, DEPARTMENT HEADS, UNIFORMED POLICE AND FIRE, AND EMPLOYEES OF THE CITY OF KOKOMO, INDIANA FOR THE FISCAL YEAR BEGINNING JANAURY 1, 2019 AND ENDING DECEMBER 31, 2019, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA AS FOLLOWS: Second reading Ordinance 6910 was read by the Clerk by title only. Councilman Whikehart moved for passage on ordinance #6910 on second reading; seconded by Councilwoman Sanders. Councilman Whikehart states, this is going to fix the salaries of City Employees, Department Heads. It does reflect a 2% increase from Non-Contractual Employees. The salaries of the FOP, Fire, and ASME are all dictated by the respective contracts. I would ask Council to approve ordinance #6910 on second reading. Vote for passage follows: Aye: All Nay: None The vote was 8 to 0 for passage on second reading. Council Meeting Minutes September 10th, 2018 Page-7 ORDINANCE 6911: AN ORDINANE FIXING THE BUDGETS FOR VARIOUS DEPARTMENT, BOARDS, AND COMMISSIONS OF THE CITY OF KOKOMO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER 31, 2019 ARE AS FOLLOWS: First reading Ordinance 6911 was read by the Clerk by title only. Councilman Whikehart moved for passage on ordinance #6911 on second reading; seconded by Councilwoman Sanders. Councilman Whikehart states, this is the City’s Budget for the year 2019. I do want to give a shout out to the Controller’s Office, all the Council Members who were apart of the Finance Committee, and who all were attendance to the meeting for all the help. This is a very balance budget. We are going to see a $1.6 Million Dollar increase in the Parks for equipment; for training for the amenities that we need. We are also going to see a $500,000 increase in sidewalks for the 50/50 program. I am very proud of this Budget, and very thankful for the Controller’s office, and everybody else that helped. I would ask that Council pass ordinance #6911 on first reading. Vote for passage follows: Aye: All Nay: None The vote was 8 to 0 for passage on first reading. Council Meeting Minutes September 10th, 2018 Page-8 ORDINANCE 6913: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA, REGARDING APPROPRIATION OF THE CITY’S ALLOCATION OF LOCAL INCOME TAX REVEUNE FOR COMMUNITY AND ECONOMIC DEVELOPMENT PURPOSES. First reading Ordinance 6913 was read by the Clerk by tile only. Councilman Miklik moved for passage on ordinance #6913 on first reading; seconded by Councilman Whikehart. Councilman Miklik states, this program that the ordinance speaks to is a very successful ordinance; for the City. The City Planner is here to speak to that if there are questions later. Whereas, the share of the Economic Development Income Tax or Edit Funds; Whereas, January 1, 2017, local income taxes including Edit Funds were changed to reflect (LIT) Local Income Tax. Whereas, the local income tax ACT, and that portion of it for the City revenues remain authorized to include economic development purposes. Whereas, the LIT taxes, and tax rates in effect May 1, 2016 established by the County under EDIT Act continue in effect along with the LIT Act. Whereas, the County has not adopted an ordinance under the LIT Act or amending or rescinding the EDIT. Therefore, the revenue continues to be available to the City. Whereas, the Indiana Code the city may make payments from its Allocation of Revenue to a nonprofit corporation whose responsibility is City Planning, and implementing economic development projects. Whereas, the City Community Development Corporation is an Indiana non-profit corporation, and the City CDC have established a property management agreement to do economic development; to re-develop various parcels of real property located within the City. Council Meeting Minutes September 10th, 2018 Page-9 Cont. Ordinance #6913. The City desires to make payments from the City’s Allocation of Revenue to the CDC. Therefore, Be It Ordained That the Common Council of the City that the recitals set forth above are hereby incorporated into and made a part of this Ordinance. The Common Council hereby appropriates the amount of $1,200,000 from the City’s Allocation of Revenue to be paid to the CDC. The ordinance will be in full effect upon approval by this body. Vote for passage follows: Aye: All Nay: None The vote was 8 to 0 for passage on first reading. ORDINANCE 6914: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA, DESIGNATING AN ECONOMIC DEVELOPMENT TARGET AREA First reading Ordinance 6914 was read by the Clerk by title only. Councilman Whikehart moved for passage on ordinance #6914 on first reading; seconded by Councilwoman Sanders. Councilman Whikehart states, this ordinance establishes an economic development target area. It is recommended by the Economic Development Commission. It also allows the Council to designate a property at 2110 S. Lafountain Street as an area in need of re-development. Six G properties LLC plans to re-development the property for a 125 beds student housing project; which is expected to open late summer of 2019.; and the economic development target area would allow the abatement of real property taxes on that new construction project. At for two Years 50% each year. I would ask the Council pass ordinance #6914 on first reading. Council Meeting Minutes September 10th, 2018 Page-10 Cont. Ordinance #6914. Councilwoman Sanders states, this is such a good thing; because this area needed to be in-filled. I think the people around there are pleased with it. I think it is a good thing for the Community to have another housing as IUK is increasing in enrollment. President Hayes states, my conversations with the Chandler, IUK is tickled to death about having this; and it is going to help attract more students to the University. Councilman Miklik states, I have been approached about sidewalks to the Campus from this development. I guess I would have to the talk to the engineer about this. Vote for passage follows: Aye: All Nay: None The vote was 8 to 0 for passage on first reading. President Hayes states, this marks the end of this Council Meeting, and our next Council Meeting will be September 24th, 2018 with an Informational Meeting at 5:30 P.M. in the Louks Room. Public Hearing at 6:00 P.M. in the Council Chambers; and Council Meeting immediately following. Adjourned at 6:35 P.M. ___________________________ Presiding Officer ATTEST: ________________________ City Clerk