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City Council Meeting Minutes - 1/4/2011

COMMON COUNCIL 

JANUARY 4, 2011     7:00 P.M.

 

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.

PRAYER WAS GIVEN BY PASTOR KEN DURHAM, FIRST BAPTIST CHURCH.

MAYOR SMALL OPENED THE MEETING OF THE COMMON COUNCIL.

 

ROLL CALL:

SANDY YORK                                  PRESENT                 

ANGIE GOODMAN                          PRESENT

JAMES KIDD                                     PRESENT

MARY MALONE                               PRESENT

MARK KOGER                                   PRESENT

VAUGHN REID                                  ABSENT

RICHARD HAHN                               PRESENT

 

MINUTES WERE APPROVED AS PRESENTED.

 

MAYOR SMALL SAID, BY LAW, THE FIRST COUNCIL MEETING OF EACH YEAR, IT IS THE DATE TO ELECT OFFICERS OF THE COUNCIL?  THE FLOOR WAS OPENED FOR NOMINATIONS.

       COUNCILMAN HAHN NOMINATED SANDY YORK AS PRESIDENT AND MARK KOGER AS VICE-PRESIDENT.

COUNCILMAN KIDD: SECOND

       MAYOR SMALL ASKED IF THERE WERE OTHER NOMINATIONS.   MAYOR SMALL SAID HE MOVED FOR NOMINATIONS TO BE CLOSED.

       COUNCILMAN HAHN MOVED TO CLOSE THE NOMINATIONS.   COUNCILMAN KIDD: SECOND.

       MAYOR SMALL SAID WE HAVE SANDY YORK AS PRESIDENT AND MARK KOGER AS VICE-PRESIDENT.  HE ASKED FOR ALL IN FAVOR SAY AYE.  SIX VOTES AYE.    HE ASKED FOR THOSE OPPOSED.  NONE.

 

MAYOR SMALL TURNED THE MEETING OVER TO PRESIDENT YORK.

 

RESOLUTION:
AUTHORIZING TRANSFER OF FUNDS WAS READ IN FULL BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS RESOLUTION.   COUNCILMAN HAHN: SECOND.

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

 

ORDINANCE#3613
TO VACATE A CERTAIN PORTION OF NORTH 5TH STREET AND AN UNIMPROVED ALLEY WAS READ BY TITLE ONLY BY SANDY YORK ON THIRD READING.

     PRESIDENT YORK MADE THE MOTION THAT THIS ORDINANCE BE TABLED UNTIL THE FIRST COUNCIL MEETING IN FEBRUARY.  THIS WAS A REQUEST FROM ALL PARTIES INVOLVED.  COUNCILADY GOODMAN: SECOND

ROLL CALL VOTE: SIX VOTES AYE.                             TABLED.

 

ORDINANCE #3617
AUTHORIZING TEMPORARY OANS WAS READ IN FULL ON FIRST READING BY SANDY YORK.
     PRESIDENT YORK MOVED TO PASS THIS ORDINANCE ON FIRST READING.  COUNCILADY GOODMAN: SECOND

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

 

COUNCIL REPORTS:

PRESIDENT YORK REMINDED EVERYONE OF A PUBLIC HEARING ON JANUARY 18, 2011, COUNCIL MEETING PERTAINING TO ORDINANCE #3611, THE DOWNTOWN HISTORIC DISTRICT.

 

COUNCILMAN KIDD SAID HE HAD A CALL FROM A RESIDENT ON ILLINOIS STREET, COMPLAINING ABOUT CHILD CARE IN A HOME.  HE SAID HE HAD ONLY HEARD ONE SIDE OF THE STORY BUT THEY SAID THAT IT DID NOT PASS THE ZONING BOARD.

       ATTORNEY COPENHAVER SAID THE STATE LAW DOES NOT ALLOW YOU TO PROHIBIT A HOME DAY CARE CENTER, FOR THE SOLE REASON IT IS A BUSINESS.  THE STATE HAS DETERMINED THAT IS A RESIDENTIAL USE.  YOU ARE ALLOWED IF THEY DON'T MEET STANDARDS THAT ARE NECESSARY.  IN THIS CASE, THEY APPLIED FOR A VARIANCE TO HAVE A DAY CARE CENTER BUT IT IS A SPECIAL EXCEPTION REQUEST.  IT IS ALLOWED IN A RESIDENTIAL DISTRICT BUT THERE ARE CERTAIN CRITERIA THEY HAVE TO MEET.  THE BOARD OF ZONING APPEALS DENIED THEIR REQUEST BECAUSE THEY DIDN'T HAVE PROPER PARKING REQUIREMENTS.  THEN THE LADY ASKED IF SHE COULD KEEP RELATIVES.  AS LO9NG AS THEY ARE MEMBERS OF HER FAMILY THAT IS NOT A HOME DAY CARE.  HE SAID HE HAD TO SAY YES.  
      ATTORNEY COPENHAVER SAID IF THESE PEOPLE ARE TAKING IN KIDS THAT ARE NOT FAMILY, THEN THEY ARE IN VIOLATION OF OUR ORDINANCE.  BUT IF THE KIDS ARE RELATIVES, THAT IS NOT A FORM OF DAY CARE.  THAT IS A LADY BABYSITTING FOR RELATIVES.  HE SAID HE DIDN'T KNOW IF THEY HAD A HOME DAY CARE OR NOT BUT THE BUILDING COMMISSIONER, LES HALL, WILL CHECK IT OUT.

       ATTORNEY COPENHAVER SAID IF SHE WANTS A VARIANCE OF STANDARDS TO HAVE CHILDREN WHO ARE NOT RELATIVES TO CARE FOR, IF SHE MEETS ALL OUR STANDARDS, THEN IT DOESN'T EVEN GO BACK TO THE ZONING BOARD.  HE SAID SHE NEEDED 3 OR 4 OFF STREET PARKING SPACES, 1 FOR EVERY 5 AND SHE HAD UP TO 15 KIDS AND 1 FOR EVERY 2 EMPLOYEES.  SHE HAD TO HAVE 4 OFF STREET PARKING AND SHE ONLY HAD 2.  HE SAID HE WASN'T SURE OF THIS BUT

HE KNEW SHE WAS SHORT.  IF SHE COULD GET OFF STREET PARKING, COULD SHE ARRANGE THAT, HE DIDN'T KNOW IF THAT WOULD BE POSSIBLE, BUT IF SHE COULD, SHE WOULDN'T HAVE TO GO TO THE ZONING APPEALS.  SHE MUST MEET ALL STANDARDS FOR A DAY CARE.

 

COUNCILADY MALONE ASKED IF THE CITY WAS STILL PICKING UP LEAVES.  THEY WERE TO BE PICKED UP PRIOR TO THE 31ST OF DECEMBER, PRIOR TO THE SNOW FALL, PRIOR TO CHRISTMAS HOLIDAYS.

      MAYOR SMALL SAID WE ARE ATTEMPTING TO.  FRIDAYS HAVE BEEN SET ASIDE FOR THAT.  THE LAST 2 FRIDAYS, WE HAVE HAD OFF SO THIS WILL BE THE FIRST FRIDAY TO DO THIS.  WE HAVE 3 PEOPLE DEDICATED TO THAT THIS YEAR.  LAST YEAR WE HAD 15.

 

COUNCILMAN KOGER ASKED FOR A CLARIFICATION ON THE HISTORIC DISTRICT.  HE SAID IT ISN'T JUST THESE 3, THE ARMORY, THE POST OFFICE AND THE OLD 7TH GRADE SCHOOL.

      ATTORNEY COPENHAVER SAID YES IT IS THOSE THREE.  HE SAID THERE IS A RIBBON CONNECTING THOSE ON THE STREETS.  LOOK AT THE MAP, THEY HAVE BEEN VERY CAREFUL NOT TO TAKE ANY PROPERTY OTHER THAN THOSE THREE AND THE STREETS THAT CONNECT.  THAT IS LEGAL.  IT WILL TAKE IN JUST WHAT THEY HAVE PROPOSED TAKES IN THE POST OFFICE, THE ARMORY AND THE 7TH GRADE BUILDING AND THE STREETS CONNECTING.

      COUNCILMAN KOGER SAID HE HAD TWO HOME OWNERS THAT WANT IN ON THIS.  HE SAID HE HAS A BUSINESS OWNER THAT DOES NOT WANT IN.

      ATTORNEY COPENHAVER SAID IF A HOMEOWNER WANTS IN AND IT IS ADJACENT TO THE STREETS ON THAT MAP, THERE IS NO REASON WHY THEY CAN'T BE PUT IN.  THEY SHOULD BE ADDED TO THE ORDINANCE.

     
 
COUNCILMAN HAHN SAID HE SAW ON THE NEWS WHERE INDIANAPOLIS WAS GETTING A GRANT FOR $3,000,000.00 FOR DEMOLITION.

     MAYOR SMALL SAID CITIES THAT ARE POORER THAN WE ARE, MUNCIE ANDERSON, INDIANAPOLIS ARE ENTITLED CITIES.  ENTITLED TO MONEY FROM THE FEDERAL GOVERNMENT.  TWO MONTHS AGO, MUNCIE WAS GIVEN

$2,000,000.00.  RURAL COMMUNITIES ARE NOT LIKE THAT, WE HAVE TO BE SPECIFIC WHEN WE ASK FOR MONEY LIKE WHEN WE ASKED FOR OUR NSP GRANT FOR MAXWELL COMMONS.  WE ARE NOT IN THE SAME LEAGUE AS SOME OF THE OTHER CITIES WHICH IS A COMPLIMENT THAT WE ARE NOT. 

     MAYOR SMALL SAID THE CITY STANDS A ONE IN SIX CHANCE OF GETTING THE STELLAR COMMUNITY GRANT.  THERE WERE 44 COMMUNITIES THAT SENT IN LETTERS OF INTEREST, 12 WERE ASKED TO APPLY AND WE WERE ONE OF THE 12.

OUT OF THAT 12, 2 WILL SHARE $20,000,000.00.  HE SAID JEANA DAVIS IS WORKING VERY HARD ON THAT PLUS OTHER GRANTS AT THE SAME TIME.

      DIRECTOR DAVIS HAS ASKED THE COUNCIL AND ALL CITIZENS OF THE COMMUNITY TO GET BEHIND THEM AND GIVE THEM SUPPORT.  MS. DAVIS SAID THE GRANT SUBMISSION WILL BE JANUARY 21ST, THE STELLAR GRANT  COMMITTEE IS TO  COME TO TOWN FOR A SITE VISIT IN FEBRUARY AND THE DECISION WILL BE ANNOUNCED ON MARCH 1, 2011.

 

DIRECTOR DAVIS ALSO TOLD ABOUT A GRANT THAT THE CITY OF NEW CASTLE HAS BEEN INVITED TO APPLY FOR, THE NSP 3 GRANT.  SHE SAID THE CITY HAS RECEIVED A $10,000.00 PLANNING GRANT AS PART OF STELLAR COMMUNITIES WHICH ALLOWS US TO DEVELOP A 3 YEAR COMPREHENSIVE PLAN.

     A $500,000.00 BRICKS AND MORTAR GRANT WILL BE FILED FOR.  SHE SAID WE HAVE A LOT ON OUR PLATE BUT IT IS WORTH IT.  WE DESERVE THAT MONEY.

 

PUBLIC:

ANNOUNCEMENT WAS MADE THAT ON THURSDAY, JANUARY 6TH, FROM 8:00 A.M. TO 10:00 A.M., FOX 59 WILL HAVE A THANK YOU FROM RILEY HOSPITAL FOR PARTICIPATION FROM THE CITY OF NEW CASTLE AND THE CITIZENS FOR DONATIONS MADE.

 
MAYOR SMALL SAID THAT IN TWO WEEKS WE HAVE A PUBLIC HEARING AND THEN THE FIRST COUNCIL MEETING IN FEBRUARY, HE WILL BE PRESENTING THE STATE OF THE CITY.

 

PRESIDENT YORK MOVED TO ADJOURN.

COUNCILMAN KOGER: SECOND