City Council

MINUTES OF THE LAFAYETTE COMMON COUNCIL October 7, 2013 REGULAR MEETING The Common Council of the City of Lafayette, Indiana met in regular session on Monday October 7, 2013 at 7:00 p.m. in the City Hall Council Chambers, 20 North 6th Street, Lafayette, Indiana. President Campbell called the meeting to order at 7:00 pm. The Pledge of Allegiance was given to the flag of our Country. The following members were present: Present: Heide, Klinker, Meyer, Reynolds, Brown, Ahlersmeyer, Weast-Williamson, Downing and Campbell. City Clerk Cindy Murray and City Attorney Ed Chosnek were present. The City Clerk stated that there was a quorum present. Councilman Reynolds moved to approve the minutes of September 9, 2013 common council meeting Councilman Meyer seconded. There were no additions or corrections. Minutes approved by unanimous voice vote. The Clerk stated there were no Claims, Petitions or Communications. The Clerk stated the following reports are available in the City Clerk’s Office: Water Works Department Monthly-August Water Pollution Control Department Monthly-August Fleet Maintenance/Motor Vehicle Department Monthly-August Police Department Monthly-July Ordinances for Second Reading The Clerk read Ordinance 2013-24 (A Ordinance to Vacate a Portion of the Public Way in the City of Lafayette, Indiana, Bob Rohrman Auto Group, Petitioner) by title only on second and final reading. *See below, Councilman Klinker moved for passage, Councilman Brown seconded. Ordinance 2013-24, with signed Letter with Intent to Comply from petitioner included as an addendum, passed 7-0 on a roll call vote on second and final reading. *President Campbell requested a modification in the agenda order to also hear Ordinance 2013-32 (An Ordinance to Amend the Zoning Ordinance of Tippecanoe County, Indiana to Rezone Certain Real Estate from R1 to GB), Bob Rohrman Auto Group-Petitioner together with Ordinance 2013-24. Councilman Heide moved to modify the agenda, Councilman Klinker seconded. The motion passed by unanimous voice vote. Councilman Meyer left the chamber due to conflict of interest at 7:04 PM. Ed Chosnek, City Attorney explained due to the petitioner’s proposed planned development behind their business, both ordinances need to be coordinated and passed at the same time. Mr. Chosnek also gave details of ongoing meetings with the Orchard Heights neighborhood residents, the City Engineering staff and representatives of Mr. Rohrman, (the petitioner) which resulted in an agreement by Mr. Rohrman to include Ordinance 2013-24 and Ordinance 2013-32 with a Letter of Intent to Comply for the following improvements to the area: 1. Landscaping Earth Mounding 2.Trail and Trail Head Park 3. Drainage Swales, Ditches and the Detention Basin 4. Drainage Plan for Parking Lot Expansion 5. Site Lighting. Joe Bumbleburg, Attorney for the petitioner along with Jon Espenes, Construction Manager gave a presentation on the proposed changes for this project. (Portions of audio inaudible) The following citizens spoke regarding the project: Larry Gross, Orchard Heights resident talked about the concerns regarding the project , however Mr. Gross felt the concerns had been discussed and the neighbors just wanted something in writing to feel comfortable that will be protected. Helen Simons, 3937 Rome Drive expressed concern over maintenance of the retention pond. Mr. Chosnek stated Mr. Rohrman has agreed to maintain the retention pond after all responsible businesses agreed to share in the cost of the cleanup. Clem Schroll, 3341 Orchard Court expressed concern about the follow through of the projects without signed contracts, Mr. Chosnek responded there is a Letter with Intent to Comply from the petitioner and that it is a legally binding document; however it is contingent upon passage of the rezone and vacate to be valid. Carol Galbrith, Sylvan Learning Center spoke regarding the pond clean up. Craig Gipson, Director of Operations for Bob Rohrman Auto Group stated for the record that he had signed the Letter of Intent to Comply for Ordinance 2013-24 and 2013-32 and it was Mr. Rohrman’s intention to work with the City of Lafayette and the neighbors, to do what is best for all involved. Councilman Reynolds moved to add the Letter of Intent to Comply to Ordinance 2013-24 and Ordinance 2013-32, Councilman Klinker seconded. The motion passed 7-0 on a roll call vote. The Clerk read Ordinance 2013-32 (An Ordinance to Amend the Zoning Ordinance of Tippecanoe County, Indiana to Rezone Certain Real Estate from R1 to GB), Bob Rohrman Auto Group, Petitioner, by title only on first and final reading. Councilman Brown moved for passage, Councilwoman Ahlersmeyer seconded. Ordinance 2013-32, with signed letter with intent to comply from petitioner included as an addendum, passed 7-0 on a roll call vote on first and final reading. Councilman Meyer returned to the meeting at 7:52 PM The Clerk read Ordinance 2013-25 (A Ordinance to Vacate a Portion of the Public Right-of-Way in the City of Lafayette, Indiana-Larry Keller, Petitioner, Portion of Land to the right of 1001 Queen Street) by title only on second and final reading. Ed Chosnek, City Attorney informed Council the petitioner has requested the Ordinance be tabled until the November meeting to allow additional information to be presented at that time. Councilman Klinker moved to table Ordinance 2013-25 until November 4, 2013, Councilman Heide seconded. The motion passed by unanimous voice vote. Ordinances for First Reading The Clerk read Ordinance 2013-30 (An Ordinance Amending Section 7.06.990 Penalties for Parking Violations) by title only on first reading. Councilman Downing moved for passage, Councilman Brown seconded. Dennis Carson, Economic Development Director gave a power point presentation regarding the City resuming responsibility for downtown parking and the proposed rate increases. Ordinance 2013-30 passed 8-0 on a roll call vote on first and final reading. The Clerk read Ordinance 2013-31 (An Ordinance to Amend the Zoning Ordinance of Tippecanoe County, Indiana-Amendment #78 Nonconforming Mobile Home-Clarks Hill), by title only on first reading. Councilwoman Weast-Williamson moved for passage, Councilwoman Ahlersmeyer seconded. Ordinance 2013-31 passed 8-0 on a roll call vote on first and final reading. The Clerk read Ordinance 2013-33 (2014 GLPTC Budget, An Ordinance Appropriating Money for the Greater Lafayette Public Transportation as Required Pursuant to Indiana Code 6-2.2-27-20) by title only on first reading. Councilman Brown moved for passage, Councilman Downing seconded. Marty Sennett, General Manager, GLPTC spoke regarding the budget changes with increases due to the new Citybus Depot. Mr. Sennett also explained that it is necessary for Lafayette to approve this budget due to changes in the Indiana law. Ordinance 2013-33 passed 7-0-1 on a roll call vote as follows on first reading. Ayes: Heide, Klinker, Reynolds, Brown, Ahlersmeyer, Weast-Williamson and Downing Nays: None Abstention: Meyer Councilman Klinker moved to set a public hearing on Wednesday October 9, 2013 at 5:30 PM, Councilman Brown seconded. The motion passed by unanimous voice vote. The Clerk read Ordinance 2013-34 (2014 Budget Ordinance, An Ordinance Appropriating Money for the Purpose of Defraying the Expenses of Several Departments of the City of Lafayette, Indiana for the Fiscal Year Beginning January 1, 2014 and Ending December 31, 2014, Including the Outstanding Claims and Obligations and Fixing a Time When the Same Shall Take Effect by title only on first reading. Councilman Downing moved for passage, Councilman Heide seconded. Mayor Roswarski spoke to some of the proposed changes to the 2014 budget including: 2% across the board increase for all city employees 13% placeholder for increased insurance costs-final number which is due October 9th to the City State required PERF increases from 9% to 11% of salary Department changes include the following: Increase to General Fund is 4.96 % with overall rate of 4.54% Salary changes only to Mayors, Council, Clerks, Controllers, Sanitation, IT, and Purchasing HR small increase in instruction like and the salary Facilities Department $2000 increase for instruction to allow for employee certifications Motor Vehicle and Highway reflects a 12.81% increase due to the State allotment of Motor Vehicle Funds Mayor Roswarski called on the following Department Heads to give overviews on their budget; Jenny Leshney, City Engineer spoke regarding the need for her department to replace a Building Commissioner position due to increased growth within the city and private development. Mrs. Leshney stated the plan is to try to fund the position with proposed fee increases and that process is still being worked out. The position will remain unfilled unless funds are generated to cover the costs. President Campbell questioned the process for publishing the Budget in the local newspapers. Mayor Roswarski responded, that the Clerk’s Office does publish the Budget, however do to State requirements the budgetary numbers are significantly higher then what is actually passed by the Council. Patrick Flannelly, Police Chief spoke regarding his department needs which include, 6 new police officers, 2 positions that were approved last year due to annexation but remain unfilled due to budget shortfalls. However the Department was fortunate to just be awarded a COPS grant from the Federal Government that would assist with the expense for 3 years. 1 IT position which was previously a sworn officer position. Chief Flannelly is also requesting 2 dispatch positions due to increased call volume. Mayor Roswarski commented since the recession of 2008 many cities all around the country have eliminated police officers and he thanked the Council for working to keep officers and firefighters on the street to protect the citizens as well as the many visitors that work and shop in Lafayette. Richard Doyle, Fire Chief spoke regarding the needs of the Fire Department which include 5 personnel to replace retired positions. No new positions are being requested however the Fire Department is currently at 133 members and that is 9 positions short of full staff. Chief Doyle stated the positions are currently being filled by utilizing overtime and they have their own 12 week recruit school that will assist with having qualified applicants for the positions. Ted Bumbleburg, Parks Superintendent spoke regarding the need for a Director of Operation and Projects, 1 current position update from a COMOT to a PAT for increased job responsibility and 1 full time receptionist to replace 2 part time positions. Mike Jones, Controller explained the budgetary changes and the process used to obtain the 4.5% increase. Ordinance 2013-34 passed 8-0 on a roll call vote on first reading. Councilman Meyer moved to set a public hearing on Wednesday October 9, 2013 at 5:31 PM, Councilman Klinker seconded. The motion passed by unanimous voice vote. The Clerk read Ordinance 2013-35 (An Ordinance Fixing the Salaries of the Elected Officials of the City of Lafayette, Indiana for the Year 2014) by title only on first reading. Councilwoman Weast-Williamson moved for passage, Councilman Downing seconded. Mayor Roswarski noted this includes a 2% raise. Perry Barbee, 3700 Redbud opposed a raise for the Elected Officials. Ordinance 2013-35 passed 7-1 on a roll call vote as follows on first reading. Ayes: Heide, Klinker, Meyer, Reynolds, Ahlersmeyer, Weast-Williamson and Downing Nays: Brown Councilman Meyer moved to set a public hearing on Wednesday October 9, 2013 at 5:32 PM, Councilman Klinker seconded. The motion passed by unanimous voice vote. The City Clerk read Ordinance 2013-36 (An Ordinance Fixing the Salaries of the Appointed Officers and Employees of the City of Lafayette, Indiana, for the Year 2014, Excluding the Sworn Protective Occupation and Law Enforcement Members of the Police and Fire Departments) by title only on first reading. Councilman Heide moved for passage, Councilman Klinker seconded. Ordinance 2013-36 passed 8-0 on a roll call vote on first reading. Councilman Meyer moved to set a public hearing on Wednesday October 9, 2013 at 5:33 PM, Councilwoman Weast-Williamson seconded. The motion passed by unanimous voice vote. The Clerk read Ordinance 2013-37 (An Ordinance Fixing the Salaries of the Sworn Protective Occupation and Law Enforcement (POLE) Members of the Police and Fire Departments of the City of Lafayette, Indiana, For the Year 2014) by title only on first reading. Councilman Brown moved for passage, Councilwoman Ahlersmeyer seconded. Ordinance 3013-37 passed 7-0-1 on a roll call vote as follows on first reading. Ayes: Heide, Klinker, Meyer, Reynolds, Brown, Ahlersmeyer, and Downing Nays: None Abstention: Weast-Williamson Councilman Meyer moved to set a public hearing on Wednesday October 9, 2013 at 5:34PM, Councilman Klinker seconded. The motion passed by unanimous voice vote. The Clerk read Ordinance 2013-38 (An Amendment to Ordinance No. 2010-11 Establishing a Local Wabash Avenue Historic District in the City of Lafayette, Indiana) by title only on first reading. Councilman Meyer moved for passage, Councilwoman Ahlersmeyer seconded. Aimee Jacobsen, Community Development spoke in support of making the property at 504 Wabash Avenue which was built in the early 1800s a part of the Local Historic District. Joe Bowman, owner 504 Wabash Avenue spoke. Councilman Meyer, a member of the Historic Review Board spoke in support and commended Mr. Bowman for making the effort to have his home included. Ordinance 2013-38 passed 8-0 on a roll call vote on first reading. Resolutions: The Clerk read Resolution 2013-15 (A Resolution Approving a Deduction for Real Estate Tax Abatement in an Economic Revitalization Area (ERA)-Heartland Automotive by title only on first and final reading. Councilman Meyer moved for passage, Councilman Heide seconded. Jody Hamilton, Economic Development Director, Greater Lafayette Chamber spoke regarding Heartland Automotive’s request for a 7 year Personal Property and 10 year Real Estate abatement. Ronan Miot, Heartland Automotive Representative spoke regarding the need to expand due to their largest customer expanding and they need to be able to keep up with the demand. Ritsuko Abrams, also spoke regarding the product that they produce. The Resolution 2013-15 passed 8-0 on a roll call vote on first and final reading. The Clerk read Resolution 2013-16 (A Resolution Approving the Deduction for Personal Property Tax Abatement in an Economic Revitalization Area (ERA)-Heartland Automotive) by title only on first and final reading. Councilman Klinker moved for passage, Councilwoman Weast-Williamson seconded. Resolution 2013-16 passed 8-0 on a roll call vote on first and final reading. Reports of Standing Committees: Councilwoman Ahlersmeyer would like to set a future meeting of the Public Health, Welfare and Safety Committee to address concern over vicious animals. President Campbell advised her to set that meeting with the Clerk. Councilman Meyer announced a second meeting for the Ordinance Committee to further discuss the fee schedule changes for the Engineering Department and Fire Department. That meeting is scheduled for Tuesday, October 15, 2013 at 4:00 PM in the Council Chamber. Reports of Special Committees: Cindy Murray, City Clerk reminded everyone that the Council Finance Committee is scheduled to meet on Thursday, October 17, 2013 at 5:00 PM in the Board of Works room to review the 2014 Budget. Report by the Mayor: Mayor Roswarski passed out copies of the Greater Lafayette Commerce Economic Trends for 2013 and thanked everyone for working together. Miscellaneous or New Business: President Campbell called for the Council to reappoint 4 members to the LUEA Board, Steve Meyer, Jackie Mize, Allen Jacobsen and Jim MacDonald for 4 year terms. Councilman Klinker moved to approve, Councilman Heide seconded. The motion passed by unanimous voice vote. Reports by Council: Councilman Reynolds invited everyone to attend the Annual Fire Show on Wednesday, October 9th at 7:00pm at Jefferson High School. Public Comment: Perry Barbee, 3700 Redbud wanted to clarify that he thought all city employees deserved a raise. Councilman Heide moved to adjourn, Councilman Klinker seconded. Meeting was adjourned at 9:45PM Minutes prepared by Cindy Murray, City Clerk Complete audio of meeting available in the City Clerk’s office or at www.lafayette.in.gov