City Council

MINUTES OF THE LAFAYETTE COMMON COUNCIL November 3, 2014 REGULAR MEETING The Common Council of the City of Lafayette, Indiana met in regular session on Monday November 3, 2014 at 7:00 p.m. in the City Hall Council Chambers, 20 North 6th Street, Lafayette, Indiana. President Meyer called the meeting to order at 7:00 pm. The Pledge of Allegiance was given to the flag of our Country. President Meyer requested a moment of silence for Councilman Reynolds’s father Ralph, who passed away recently. The following members were present: Present: Heide, Klinker, Reynolds, Campbell, Brown, Ahlersmeyer, Weast-Williamson, Downing and Meyer. City Clerk Cindy Murray and City Attorney Ed Chosnek were present. The City Clerk stated that there was a quorum present. Councilman Campbell moved to recess for a public hearing on Resolution 2014-11 (A Resolution Declaring the Designation of Certain Real Estate as an Economic Revitalization Area (ERA) and Approving the Application by Tate and Lyle Ingredients Americas, LLC for Property Tax Abatement- Tate and Lyle Ingredients Americas, LLC Phase I) Resolution 2014-12 (A Resolution Declaring the Designation of Certain Real Estate as an Economic Revitalization Area (ERA) and Approving the Application by James Investments LLC DBA Lafayette Auto Supply for Property Tax Abatement-James Investments LLC DBA Lafayette Auto Supply) Councilman Brown seconded. No public comment was heard. Councilman Campbell moved to reconvene; Councilman Klinker seconded the motion and passed by unanimous voice vote. Councilwoman Ahlersmeyer moved to approve the minutes of the October 6, 2014 Council Meeting and October 27, 2014 Special Council Meeting, Councilwoman Weast-Williamson seconded. The motion passed by unanimous voice votes. There are no Claims, Petitions or Communications The Clerk stated the following reports are available in the City Clerk’s Office: Clerk’s Office Monthly-September Water Works Department Monthly-September Water Pollution Control Department Monthly-September Police Department Monthly-September Fleet Maintenance Monthly-September Ordinances for Second Reading The Clerk read Ordinance 2014-27 (An Ordinance Re-codifying Title 10-Animals and Making Changes to Address Appeal Procedures, Repeat Offenders and Free-Roaming and Feral Cat Population in the City of Lafayette) by title only on second and final reading. Councilwoman Ahlersmeyer moved for passage, Councilman Brown seconded. Councilwoman Ahlersmeyer moved to amend ordinance to exclude colony caretaker as an owner, remove feral cat classification of pet and to only return feral cats to colony territory not to the wild as recommended by Ed Chosnek, Attorney, Councilman Campbell seconded. Amendment passed 8-0 on a roll call vote. Councilwoman Ahlersmeyer reported on a recent meeting of the Public Health and Safety Committee regarding this ordinance. The summary is that many citizens are in support of the TNR program and are already using personal funds to pay for those services. Also the concern for dangerous animals was discussed and Mr. Chosnek is recommending the dangerous animal agreement include the requirement to muzzle pets when in public and require owners to carry insurance. Steve Bogan 1020 Warehouse spoke in support of the ordinance but in opposition of the fines included in the ordinance. President Meyer requested the Clerk to read ( the following letter of support into the record.*)Amended Ordinance 2014-27 passed 8-0 on a roll call vote on second and final reading. *Attention Council Members, My name is Janet Donelson and I have lived in Lafayette for 43 years. I am writing to you concerning Feral Cats that roam the streets and properties of Lafayette. When I came to Lafayette I went downtown and looked up the ordinance for the City. I was told there was a leash law for Cats just like Dogs. I can plainly see the rule is not upheld. If you try to catch all these cats that are feral cats and neuter them, how much money is this going to cost the Tax Payer? Plus think of all the man hours it is going to take to do this. What is the purpose of neutering them then putting out to roam in the city again? Do you realize the damage they do to property owners? First they urinate on our shrubs and damage them. They defecate in your flower beds. I don’t enjoy working in my flowers when this happens. Since we have lived in Lafayette we have put in three different sets of shrubs and all of them are damaged by cats. Do you realize how these cats roam at night and din in your garbage and it is thrown all around the next morning? They are hungry so they have to find food somewhere. I cannot see anything good about letting these cats roam free the rest of their life. Thank you for reading my letter. Mrs. Janet Donelson. The Clerk read Ordinance 2014-28 (An Ordinance to Amend Section 3.05.020 and Section 3.05.040 of the Lafayette Municipal Code Pertaining to Open Burning) by title only on second and final reading. Councilman Heide moved for passage, Councilman Klinker seconded. Richard Doyle, Fire Chief spoke regarding the ordinance. Ordinance 2014-28 passed 8-0 on a roll call vote on second and final reading. The Clerk read Ordinance 2014-29 (An Amendment to Ordinance No. 2010-04 Inclusion of Certain Property in the Local Centennial Historic District in the City of Lafayette, Indiana) by title only on second and final reading. Councilman Downing moved for passage, Councilwoman Weast-Williamson seconded. Aimee Jacobsen, Community Development thanked the council for their support. Ordinance 2014-29 passed 8-0 on a roll call vote on second and final reading. The Clerk read Ordinance 2014-30 (An Amendment to Ordinance No. 2010-11 Establishing a Local Walnut Street Historic District in the City of Lafayette, Indiana) by title only on second and final reading. Councilman Klinker moved for passage, Councilman Reynolds seconded. Ordinance 2014-30 passed 8-0 on a roll call vote on second and final reading. The Clerk read Ordinance 2014-31 (An Amendment to Ordinance No. 2010-11 Establishing a Local Lower Lincoln Historic District in the City of Lafayette, Indiana) by title only on second and final reading. Councilwoman Weast-Williamson moved for passage, Councilman Downing seconded. Ordinance 2014-31 passed 8-0 on a roll call vote on second and final reading. The Clerk read Ordinance 2014-32 (An Amendment to Ordinance No. 2010-11 Establishing a Local Hart Historic District in the City of Lafayette, Indiana) by title only on second and final reading. Councilwoman Ahlersmeyer moved for passage, Councilman Downing seconded. Ordinance 2014-32 passed 8-0 on a roll call vote on second and final reading. Ordinances for First Reading The Clerk read Ordinance 2014-33 (An Ordinance to Amend the Zoning Ordinance of Tippecanoe County, Indiana to Rezone Certain Real Estate from R1 to GB-DJS Leasing, 241 SR 25 W Lafayette, In) by title only on first and final reading. Councilman Klinker moved for passage, Councilman Heide seconded. Dan Teder, attorney for the petitioner spoke regarding the ordinance. Ordinance 2014-33 passed 8-0 on a roll call vote on first and final reading. The Clerk read Ordinance 2014-34 (An Ordinance Amending the Lafayette Municipal Code Pertaining to Sewer Service and Wastewater Control in the City of Lafayette by Amending 6.01 by Adding a Definition and Amending 6.03.040 (24) by Adding Total Phosphorus) by title only on first reading. Councilman Campbell moved for passage, Councilman Klinker seconded. Brad Talley, Water Pollution Control Superintendent stated this ordinance is to address new phosphorus limits as set by the State of Indiana and will need to be tabled so it can be sent to the EPA for approval prior to final passage. Ordinance 2014-34 passed 8-0 on a roll call vote on first reading. Councilman Campbell moved to table Ordinance 2014-34 until time uncertain for submittal to the EPA for approval, Councilman Brown seconded. The motion passed 8-0 on a roll call vote. Resolutions The Clerk read Resolution 2014-13 (A Resolution of the 2015 Common Council Calendar of Meetings) by title only on first and final reading. Councilman Brown moved for passage, Councilman Weast- Williamson seconded. Cindy Murray, City Clerk present the calendar and noted a scrivener’s error on page 2, the September Meeting should be dated September 8th instead of 9th.Perry Barbee, 3700 Redbud asked that special meetings be held at 7pm like the regular meetings. Resolution 2014-13 with scrivener’s error passed 8-0 on a roll call vote on first and final reading. The Clerk read Resolution 2014-14 (A Resolution Confirming the Designation of Certain Real Estate as an Economic Revitalization Area (ERA) and Approving the Application by Tate and Lyle Ingredients Americas, LLC for Property Tax Abatement-Tate and Lyle Ingredients Americas, LLC Phase I) by title only on first and final reading. Councilman Downing moved for passage, Councilwoman Weast- Williamson seconded. Mayor Roswarski spoke in support of the Resolution and thanked the Council for their work this entire year to help make a strong work environment within the City. Dan Kirk, Tate & Lyle South plant manager spoke regarding the planned changes to the company. Resolution 2014-14 passed 8-0 on a roll call vote on first and final reading. The Clerk read Resolution 2014-15 (A Resolution Approving for Tax Abatement in and Economic Revitalization Area-ERA Tate and Lyle Ingredients Americas, LLC-Phase II) by title only on first and final reading. Councilwoman Ahlersmeyer moved for passage, Councilwoman Weast-Williamson seconded. Resolution 2014-15 passed 8-0 on a roll call vote on first and final reading. The Clerk read Resolution 2014-16 (A Resolution Confirming the Designation of Certain Real Estate as and Economic Revitalization Area-(ERA) and Approval of an Application by James Investments LLC DBA Lafayette Auto Supply Company for Property Tax Abatements) by title only on first and final reading. Councilman Campbell moved for passage, Councilman Reynolds seconded. Ron Klinker, Lafayette Auto Supply spoke regarding the planned expansion to a new location on Kepner Dr. Resolution 2014-16 passed 8-0 on a roll call vote on first and final reading. President Meyer stated that the order of the Resolutions will be changed so that bond resolutions can be heard together. The Clerk read Resolution 2014-19 (Resolution of the Common Council of the City of Lafayette Approving the Order of the Tippecanoe Area Plan Commission) by title only on first and final reading. Councilman Downing moved for passage, Councilwoman Ahlersmeyer seconded. Dennis Carson, Economic Development Director stated this Resolution was to increase the amount of area for industrial access and is a joint effort with Tippecanoe County. Mayor Roswarski spoke in support of the Resolution and noted this is a long term project. Heather James, Ice Miller spoke regarding the Resolution. Resolution 2014-19 passed 8-0 on a roll call vote on first and final reading. The Clerk read Resolution 2014-17 (A Resolution of the Common Council of the City of Lafayette Approving a Lease Between the Lafayette Redevelopment Commission and the Lafayette Redevelopment Authority) by title only on first and final reading. Councilman Klinker moved for passage, Councilman Heide seconded. Dennis Carson spoke about the future projects planned with this bond issue. Mayor Roswarski spoke in support of the projects and spoke about how they were selected. John Kirkwood, Krieg Devault gave an overview of the issuance of bonds which would finance the projects Mr. Kirkwood stated the bond was in the amount of sixteen million six hundred thousand dollars for a term no longer than 26 years and an interest rate not to exceed 6% . Resolution 2014-17 passed 8-0 on a roll call vote on first and final reading. The Clerk read Resolution 2014-18 (A Resolution of the Common Council of the City of Lafayette Approving the Issuance of the Lafayette Redevelopment Authority Lease Rental Bonds of 2014) (Consolidated Creasy/Central Economic Development Area Project) by title only on first and final reading. Councilman Downing moved for passage, Councilwoman Ahlersmeyer seconded. Resolution 2014-18 passed 8-0 on a roll call vote on first and final reading. The Clerk read Resolution 2014-20 (A Resolution of the City of Lafayette, Indiana Approving the Issuance of Bonds of the City of Lafayette Redevelopment District) by title only on first and final reading. Councilwoman Weast-Williamson moved for passage, Councilman Downing seconded. Dennis Carson, Economic Development stated bonds in the amount of $5.3 million over 25 years would be used to fund the Old Romney Road project. Dennis Otten from Bose, McKinney and Evans explained the bond issuance process. President Meyer noted a scrivener’s error in section 3, line (v) the date read July 15, 2026 but should read July 15, 2025 and requested a motion to accept. Councilman Campbell moved to accept the change, Councilman Klinker seconded, the motion passed by unanimous voice vote. Amended Resolution 2014-20 passed 8-0 on a roll call vote on first and final reading. There were no Reports of Standing Committees. There were no Reports of Special Committees. There was no Report by the Mayor: There was no Miscellaneous or New Business. There were no Reports by Council. There was no Public Comment. Councilman Campbell moved to adjourn, Councilman Klinker seconded. Meeting was adjourned at 8:25 PM Minutes prepared by Cindy Murray, City Clerk Complete audio of meeting available in the City Clerk’s office or at www.lafayette.in.gov