The City of New Castle, Indiana

COMMON COUNCIL 

AUGUST 2, 2010           7:00 P.M.

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.

PRAYER WAS GIVEN BY RUSS WOODARD, PARRISH LIFE COORDINATOR,

ST. ANNE CATHOLIC CHURCH.

MAYOR SMALL OPENED THE MEETING OF THE COMMON COUNCIL.

ROLL CALL:

SANDY YORK                                             PRESENT                  

ANGIE GOODMAN                                     PRESENT

JAMES KIDD                                                PRESENT

MARY MALONE                                          ABSENT

MARK KOGER                                             PRESENT

VAUGHN REID                                            PRESENT

RICHARD HAHN                                         PRESENT

MINUTES WERE APPROVED AS PRESENTED.

PRESIDENT YORK SAID THAT AN APPOINTMENT TO THE NEW CASTLE/HENRY COUNTY VISITORS BUREAU.  SHE SAID THE COUNCIL'S APPOINTMENT CAROL GOODWIN HAS RESIGNED.

PRESIDENT YORK MOVED TO APPOINT BRAD CROW AS COUNCIL'S APPOINTMENT.  HE WOULD FILL THE REMAINDER OF THE TERM.  COUNCILMAN KIDD: SECOND

ROLL CALL VOTE: SIX VOTES AYE.           PASSED AND ORDERED.

     PRESIDENT YORK SAID THIS IS A PUBLIC HEARING TONIGHT ON ORDINANCE #3600, AS ADVERTISED.

      PUBLIC:

MARILYN WARD SULLIVAN,  145 PICKET AVENUE, APPEARED BEFORE THE COUNCIL, TELLING THAT SHE HAD JUST RECEIVED HER NOTICE AND DIDN'T KNOW ABOUT THE OTHER TWO READINGS ON THIS ORDINANCE.

      ATTORNEY COPENHAVER SAID THE NOTICES WERE SENT IN EARLY JULY.  HE SAID AS LONG AS YOU RECEIVED IT,  IT WAS ALSO PUBLISHED IN THE NEWSPAPER MORE THAN 10 DAYS AGO.  STATUTORILY, THE REQUIREMENTS WERE MET.  MRS. SULLIVAN ASKED WHAT WAS GOING TO HAPPEN TO THE PROPERTY BEHIND HER HOME.

      ATTORNEY COPENHAVER SAID THIS IS NOT THE CITY DOING THIS.  HE ASKED

THE DEVELOPER SPEAK AND SEE WHAT HE IS GOING TO DO WITH THIS PIECE OF LAND.  HE SAID THE DEVELOPER HAS PETITIONED THE CITY TO VACATE THIS PLATTED STREET.  THE STREET HAS NEVER BEEN DEVELOPED.  THE CITY HAS NO PLANS TO DEVELOP THAT STREET.  SO, IF THE CITY HAS NO NEED FOR IT, IT WILL GO BACK ON THE TAX ROLL AND IT WILL GENERALLY BENEFIT THE CITY.  EVERYONE ADJACENT TO IT HAS THE RIGHT TO COME AND SPEAK.  BUT, IT IS NOT THE CITY'S APPLICATION.  IT IS HIS APPLICATION TO US AS A PROPERTY OWNER.

      HAL ASHTON, SURVEYOR, MIDDLETOWN, INDIANA, SAID HE WAS SPEAKING FOR MR. McBRIDE.  HE SAID A FEW YEARS BACK; HE SAID THEY DEVELOPED A 4-5 LOT PLAN IN THAT AREA.  WE CREATED A STREET IN CONJUNCTION WITH THAT WITH THE PURPOSE OF BUILDING HOMES THERE. AT THIS TIME, THERE HAS NOT BEEN A MARKET FOR THAT.  NOW MR. McBRIDE HAS ONE PERSON WHO WOULD LIKE TO BUILD ONE HOME THERE.  HE DOES NOT NEED TO HAVE THE STREET DEVELOPED.  THAT IS THE PURPOSE FOR THE VACATING OF THE STREET.

      ATTORNEY COPENHAVER SAID HE HAS PLATTED THE STREET, BUT THE STREET HAS NEVER BEEN DEVELOPED.  UNDER THE LAW, HE HAS ASKED THAT THE STREET BE VACATED.  SO THE LAW SAYS WE GIVE YOU A CERTIFIED MAILING AND PUT A NOTICE IN THE PAPER SO WE CAN HAVE THIS HEARING.  THAT IS ALL THE NOTICE THERE IS.

       PRESIDENT YORK TOLD MRS. SULLIVAN THAT THIS WILL BE CLOSED SO THERE WON'T BE A STREET THERE.

      COUNCILMAN REID ASKED IF THE HOMEOWNER SELLS THIS PROPERTY, AND THEY WANT TO TURN IT BACK INTO LOTS, WHAT HAPPENS?

      ATTORNEY COPENHAVER SAID IT WOULD HAVE TO GO BEFORE THE PLANNING COMMISSION.

      ATTORNEY COPENHAVER SAID TO MR. ASHTON THAT MR. McBRIDE IS NOT VACATING THE ENTIRE PLAT.  THE PETITION IS JUST TO VACATE McBRIDE STREET.

      COUNCILMAN REID SAID THIS WHOLE THING IS NOT TO DROP A STREET BACK THERE.  THERE IS A STREET ALREADY PLANNED BACK THERE.  THIS ORDINANCE ELIMINATES THAT STREET.  THE PART THAT HAS BEEN RESERVED FOR THE CITY TO USE AS A STREET, MAKES IT BACK AS PART OF THE LOT.  THEN YOU GUYS ARE GOING TO SELL THE LOTS TO A SINGLE PERSON AND THEY ARE GOING TO USE IT AND PUT A SINGLE DWELLING ON IT.  SO THERE WON'T BE A STREET THERE.  THEY COULD ALWAYS PUT A DRIVEWAY THERE, IT'S THERE PROPERTY.   THERE WON'T BE A CITY STREET THERE.

ROLL CALL VOTE: SIX VOTES AYE           PASSED AND ORDERED.

COMMITTEE REPORTS:

COUNCILMAN KIDD ASKED ABOUT THE 2 HR. PARKING SIGNS FOR ATTORNEY JEREMY BELL, 21ST STREET AND GRAND AVENUE AND THE MUSIC STORE ON SOUTH 14^TH STREET.  MAYOR WILL CHECK WITH STREET COMMISSIONER.

     COUNCILMAN REID SAID THE STOP SIGNS ARE UP.  SHOULDN'T THERE BE A LITTLE SIGN ON THE BOTTOM THAT SAYS "4-WAY"?   THEY SHOULD.

PUBLIC:

MARY LOGAN, 118 N. 18^TH ST., SAID THE AREA ALONG THE RAILROAD TRACKS AT 15^TH AND VINE NEEDS TO BE MOWED. 

PRESIDENT YORK MOVED TO ADJOURN.

COUNCILMAN REID: SECOND