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HomeMy Public PortalAbout4/08/1997City of Greencastle City Hall Four East Walnut Street Greencastle, Indiana 46135 Pamela S. Jones Clerk- Treasurer GREENCASTLE COMMON COUNCIL REGULAR SESSION TUESDAY, APRIL 8, 1997 7:00 P.M. TZOUANAKIS INTERMEDIATE The Greencastle Common Council met in regular session Tuesday, April 8, 1997, 7:00 p.m. at Tzouanakis Intermediate School. Mayor Michael called the meeting to order. On the Roll Call, the following were found to be present: Councilor Roach, Councilor Hammer, Councilor Green, Councilor Baynard and Councilor Masten. Public Hearing A Public Hearing was held regarding Resolution 1997 -12, a Resolution Reaffirming Resolution 1997 -11 and Declaring An Economic Revitalization Area and Recommended Tax Deduction (Heartland Automotive, Inc.). Mayor Michael read Resolution 1997 -12 by title only. Motion to accept made by Councilor Masten, seconded by Councilor Roach. Vote was unanimous. The Public Hearing ended at 7:15 p.m. Public Petitions and Comments Lora Hott a representative from Wal -Mart Store 902 read a letter regarding an Earth Day Town Meeting scheduled for April 22, 12:00 Noon at the Public Service Indiana building. Ms. Hen invited all interested persons to attend. Mainstreet Greencastle and the Heritage Fest Committee requested permission and assistance from the City for the annual Heritage Fest May 16 and 17 along with the following street closings: Franklin Street between Jackson and Indiana beginning at 5:30 p.m. May 15 until Sunday morning, May 18, around midnight; Indiana Street between Franklin and Washington and between Washington and Walnut (leaving 231 open) from 5:30 p.m., May 15, until Sunday, May 18, around midnight; and restricted parking on these streets during the times they are closed. Councilor Roach made the motion to allow the request, seconded by Councilor Baynard. Vote was unanimous. Dick Sunkel was present representing Asbury Towers to request a handicap parking space on West Poplar Street immediately west of the pull in. There is no parking available on West Seminary Street between Jackson and Market Streets. Mr. Sunkel stated that some residents at • Asbury Towers still drive, but have handicap plates and need to be closer to the building than the parking lot allows. This would also serve visitors. Councilor Roach expressed concern with ® other residents in the area and Hummingbird Hill. With the East side on Seminary striped for no parking, it only leave 3 -4 spaces available. Councilor Roach will talk to the residents in the area to see how this would effect them. Charles Hall, 402 Howard Street, addressed the Council regarding safety and traffic issues around Ridpath School and Delta Gamma House. Mr. Hall presented a video for the Council and audience to view regarding traffic in the area. Mr. Hall stated that he would like to address the possibility of establishing speed limits in alleys. Engineer Barnes will look at this and may be able to address this particular alley without placing speed limit signs in alleys City wide. There are no statutes addressing the issue of speed limits in alleys. Engineer Barnes also stated that speed bumps may also be effective. Kelly Lawrence thanked the Council for approving the striping of a parking space across from her driveway. Department Reports Reports were given by all Department Heads. Assistant Fire Chief Bill Newgent reported that the City is working with DePauw regarding false alarms and at this time he does not see a need for the False Alarm Ordinance, Police Chief Darrin Cox told Council that his department has implemented the PACT program. A folder explaining the program was included in each Councilmember's packet. Chief Cox • reported that Cory Robinson is the newest police officer and he started with the department April 7, 1997. Street Commissioner Wright reported that all City streets have been swept. Mayor Michael gave the Park Report. Councilor Roach questioned South Putnam using the tennis courts during prime time. Mayor Michael responded that she was under the impression that this has always been done. Councilor Hammer, Park Liaison for the Council, stated that he had no knowledge of this. Councilor Roach asked if they are using the whole court or is the public able to use the courts at the same time? Mayor Michael stated that she could not answer that question. Councilor Roach asked if there was a stipend attached? Mayor Michael responded that there is not. Councilor Roach stated he has a problem with the tennis courts being tied up by a school corporation during prime time. City residents should have top priority. Mayor Michael stated that she will take these concerns to the Park Board. Water Superintendent Leon Phillips submitted his letter of retirement effective April 25, 1997. Mayor Michael introduced the new Water Superintendent, Terry Dale and administered his oath of office. Approval of Minutes Councilor Masten made the motion to approve minutes from March 12, 1997 Executive Session and March 17, 1997 Special Session. Motion was seconded by Councilor Hammer. Vote was unanimous. CT Jones stated that the minutes from the March 11, 1997 Regular Session will be ® distributed for the May meeting. " General Business Resolution 1997 -3, A Resolution Approving Payment of College Street Storm Drainage Project, was read by Mayor Michael. This Resolution was moved up on the agenda due to payment being included in the City Claims. Councilor Roach made the motion to adopt Resolution 1997 -3, seconded by Councilor Green. Councilor Masten pointed out that $13025.27 is not all that is being spent here. There is a total bill of $20,000.00 - $6974.73 was billed to the Sewage Department. There are many different ways to arrive at this and I know many people have worked on this, but, Councilor Masten continued, it is not kosher. The company waited until a change of Administration to get paid. Councilor Masten stated that he has talked with another Public Engineer and was told that a Judge would look at the time frame and toss this out of Court. I understand retainage due, Councilor Masten continued, but it is only due if the job is satisfactorily completed. Councilor Masten stated that he cannot support this Resolution. Councilor Hammer asked why they waited so long to request payment. Engineer Barnes explained that the Construction Engineer for the project was Triad. The project was completed in 1989, but the City had to complete the job. Triad submitted paperwork in 1991 for work done that was not turned in on change orders and therefore not approved by anyone in the City. The paperwork was reworked in November 1995 when the City received a letter from Bowyer stating that money was due. Bowyer stated that this was found in an audit. Councilor Masten stated that Audits are done every year, it didn't take that long for an Auditor to find. Engineer Barnes stated that Bowyer is due retainage. Councilor Masten stated that retainage is held for satisfactory completion - they did not complete the job to satisfaction - they didn't complete the " job - the City did. Sometimes you have to stand up for what is right and there is a lack of documentation of additional work they say was completed. Engineer Barnes stated that a change order was prepared, but it was rejected by the City. Councilor Roach asked if Attorney Zeiner has worked with Engineer Barnes on this? Engineer Barnes stated that attorney's are involved and the resolution that has been agreed upon is to forget the change order and pay the interest on retainage. Councilor Hammer stated that there are too many unanswered questions and requested that the Council receive a more detailed accounting of what has gone on. Councilor Roach made a motion to table Resolution 1997 -3, seconded by Councilor Masten. Vote was unanimous. Councilor Masten made the motion to approve City claims without the Bowyer claim for $13,025.27. Motion was seconded by Councilor Baynard, vote was unanimous. City claims were approved in the amount of $253,588.50. Ordinance 1997 -5, An Ordinance Amending City of Greencastle Code to Reflect Intersections Designated for No Left Turns, second reading. Motion to adopt made by Councilor Baynard, seconded by Councilor Roach. Vote was unanimous. Ordinance 1997 -6, An Ordinance Amending Ordinance 1986 -18, Chapter 443 -35 of the Greencastle City Code establishing Schedule of Limited Parking Zones, second reading. Councilor Roach made the Motion to adopt with revisions, seconded by Councilor Hammer. " Vote was unanimous. " Ordinance 1997 -8, An Ordinance Amending Chapter 442 and 443 of Greencastle City Code Traffic Control Regulations, first reading. Mayor Michael read Ordinance 1997 -8 in its entirety. Engineer Barnes stated that you cannot put time restrictions on handicap parking places. Councilor Masten made the Motion to adopt Ordinance 1997 -8 with the amendment to eliminate "only on Sunday" to "all day ". Motion was seconded by Councilor Baynard. Vote was unanimous. Norm Crampton was present representing the Clean City Committee to discuss the Request for Proposals for the City's waste and recycling. Mr. Crampton stated that many citizens are concerned about the limits proposed - 2 bags or cans along with an 18 gallon recycling bin. Many citizens are concerned with what to do if they exceed the proposed limits. Mr. Crampton explained that the City could provide free of charge the first 10 -20 stickers and then the stickers would be available for purchase through the City Utility Office. The cost for the recycling bins is 54.55 each and the City needs approximately 2,500 bins. Mr. Crampton told Council that the State of Indiana has grant funds available and in anticipation he has prepared and submitted an application for the grant. The grant requests $10,000.00 and in return the City will provide $10,000.00 worth of in -kind services, ie: passing out recycling bins, etc. The City match will be approximately 51,375.00. Mr. Crampton stated that this proposal will prepare citizens of Greencastle for the increased costs of trash hauling. Mr. Crampton stated that through this process the Clean City Committee is trying to help control trash and encourage participation in recycling. Councilor Masten asked if trash and recyclables are co- mingled in the trash truck. Mr. Crampton responded the in the RFP they are requesting that trash and recyclables be picked " up in a truck with separate compartments or separate trucks all together. Councilor Masten questioned if 10 -20 stickers are enough? Not everyone can get a 33 gallon bag to the curb - how do we address smaller bags? Mr. Crampton stated that some Cities had adopted a "back door" service supplied by the hauler. Councilor Masten asked if the RFP was for one year. Engineer Bames stated that it is for one year with provisions for extensions. Resolution 1997 -13, A Resolution Authorizing the Expenditure of Industrial Development Funds (Funding the Greencastle/Putnam County Development Center), was read by Mayor Michael. Councilor Masten asked if the County also budgeted S30,000.00? Bill Dory replied that he believes they did. Councilor Masten stated that it is his understanding that only $25,000.00 was budgeted by the County. Motion to adopt made by Councilor Roach, seconded by Councilor Hammer. Vote was unanimous. Resolution 1997 -14, A Resolution Authorizing the Expenditure of Industrial Development Funds for Japan Trip, was read by Mayor Michael. Bill Dory stated that the CDC will purchase airline tickets for the Mayor and a Council representative. Mayor Michael stated that she can take approximately $1300.00 to $1500.00 out of her mileage and travel budget. The cost from Industrial Development Funds for the Mayor's trip will be approximately $2380.00 (plus the additional funds from the Mayor budget). Councilor Masten stated that he was interested in going, but would pay with personal funds. Councilor Roach stated that he is interested in attending, but could not make the same offer as Councilor Masten. Councilor Baynard stated " that Councilmembers should not have to pay for themselves - it should be funded through Industrial Development Funds. Motion to adopt Resolution 1997 -14 with the expenditures not " to exceed $10,000.00, made by Councilor Hammer, seconded by Councilor Green. Vote was unanimous. Councilor Green made the motion to pay for passports out of Industrial Development Funds also. This motion died for a lack of second. It was stated that a passport can also be used for personal use. Council reports were given. Councilor Roach stated that he has been asked to bring up curfew. Councilor Roach passed out copies of the State Statute on Curfew. Being no further business, motion to adjourn made by Councilor Hammer, seconded by Councilor Green. Vote was unanimous. Nancy A. Michael, Mayor ATTEST: Pamela S. Jones, Clerk r as rer is Ll 31- 6-4-2. Curfew. (a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place: • (1) between 1 am. and 5 am. on Saturday or Sunday; (2) after 11 p.m. on Sunday,'Monday, Tuesday, Wednesday, or Thursday; or (3) before 5 am. on Monday, Tuesday, Wednesday, Thursday, or Friday. (b) It is a curfew violation for a child under fifteen (15) years of age to be in a public place after 11 P.M. or before 5 a-m. on any day. (c) This section does not apply to a child who is: (1) accompanied by his p sent, guardian, or custodian; (2) accompanied by an a ;ult specified by his parent, guardian, or custodian; o, (3) participating in, going to, or returning from: (A) lawful employment; (B) a school sanctio:ied activity; or (C) a religious event. (d) Whenever a city, town, or county .letermines that any curfew time established by subsection (a) or (b) is later than is reasonable for public safety under the c,)nditions found to exist in that city, town, or county, the city, town, or county may, by ordinar-:e, advance the • curfew time within its jurisdict on by not more than two (2) hours. 31- 6-4.3. Child in need of services. (a) A child is a child in need of services if before his eighteenth birthday: (1) the child's physica.; or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, )r supervision; (2) the child's physical cr mental health is seriously endangered due to injury by the act or omission of the ci ild's parent, guardian, or custodian; (3) the child is the victu;t of a sex offense under IC 35- 42 -4 -1, IC 35- 42 -4 -2, IC 35 -42- 4-3, IC 35- 42 -4 -4, IC 35 42 -4 -7, IC 35- 45 -4 -1, IC 35- 45 -4 -2, or IC 35- 46 -1 -3; (4) the child's parent, guardian, or custodian allows the child to participate in a obscene performance do -fined by IC 35- 49 -2 -2 or IC 35- 49 -3 -2; (5) the child's parent, guardian, or custodian allows the child to commit a sex offense prohibited by IC 35 -45 -4; -21- e "o STATEMENT OF BENEFITS FORM State Forth 27167 (RAI 110.93) S B - s Forth 50. 1 is prescribed by the State Board of Tax Commasioners, 1989 •m D RUC71ONS: 1. This statement must be submitted to the body designating the economic revitilization area prior to the public hearing it the designating body requires infor- mation from the applicant in making its decision about whether to designate an Economic Revililization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manuf3ctudn9 equipment, or BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. A statement of benefits is not required it the area was designated an ERA prior to July 1, 1987 and the project' was planned and committed to by the applicant, and approved by the designating body, prior to that date. 'Projects' planned or committed to after July 1, 1987 and areas designated after July 1, 1987 require a STATEMENT OF BENEFITS. (IC 6.1.1.12.1) 2. Approval of the designating body (City Council, Town Board. County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, or poor td installation of the new manufacturing equipment. BEFORE a deduction may be approved. 3. To obtain a deduction, Form 322 ERA, Real Estate Improvements and / or Form 322 ERA / PP, New Machinery, must be tiled with the county auditor. With to real property, Form 322 ERA must be filed by the later ot: (1) May 10; or (2) thirty (30) days after a notice of increase in reld property assessment is received from the township assessor. Farm 322 ERA / PP must be filed between March 1 and May 15 of the assessment year in which new manufac- turing equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filing extension must We the form between Mamn I and June 14 of that year. 4. Property owners whose Statement of Benefits was approved after July 1, 1991 must submit Form CF- 1 annually to show compliance with the Statement of Benefits. (IC6. 1.142 - 1.5.6) Name of taxpayer Heartland Automotive, Inc. Address of taxpayer (street and number, city, state ano ZIP code) 300 South Warren Drive Greencastle, Indiana 46135 Telephone number Name of contact person Ms. Bonita Stacy (317 )653 -4263 Name of designatng body Common Council, City Of Greencastle 1 of property 300 South Warren Drive Desctiption of real property improvements and i or new manufacturing equipment to be acquired (use addition sheets if necessary) 45,000 square foot building addition to be constructed between April 1 and September 30, 1997 and new manufacturing equipment shown on attached listing. number district �encastle City :stfmated staning data April 1, 1997 March 1, 2000 Curtent nurtlber Salaries Number retained Salaries Number additional' ISalanes ... I Q c onn nnn I 9F9 I.A 6. 200.000 0 0 NOTE: Pursuant to IC 6 -1.1. 12-1.5.1 (d) (2) the r F• ' - - t. ! ''cosh d Ci -,1` - Asussed Value COST of the property is confidential. n. < „ yan`Cost ' *,a`i: Assessed Value 82 1 127,090 Curtentvalues 2 827 816 2 , , Plus estimated values of proposed project 2 500 000 700,000 8 ,,2 2,900 Less values of any property being replaced I - - 26,217 282 1 949.9 Net estimated values upon completion of project 5, 327, 816 1 341 120 Z that in this statement are true. 1e Date signed (rrhonth. day, year) �reS t (i We have reviewed our prior actions relating to the designation of this economic revitalization area and uno u,a , ..• ••• - - general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6.1.1. 12.1 -2.5, pro- vides for the following limitations as authorized under IC 6.1.1- 12.1 -2. A. The designated area has been limited to a period of time not to exceed calendar years ' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements; ❑ Yes C3 No C3 Yes ❑ No 2. Installation of new manufacturing equipment; p Yes C3 No 3. Residentially distressed areas C. The amount of deduction applicable for new manufacturing equipment installed and lust claimed eligible for deduction after July 1, 1987, is limited to $ cost with an assessed value of $ D. The amount of deduction applicable to redevelopment or rehabilitation in an area designated after September 1, 1988 is limited to C cost with an assessed value of $ - E. Other limitations or conditions (specify) led and first claimed eligible for deduction after July 1, 1991 is allowed for: F. The deduction for new manufacturing equipment instal 0 5 years ❑ 10 years Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reason- able and have determined that the totality of benefits is sufficient to justify the deduction described above. r_,__._.,_ _.......e. Date signed (month, day, year) If the designating body limits the time period during which an area is an economic revitilization area, It does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6.1.1- 12.1 or 4.5 Namely: (see tables below) Year of Three (3) Year I Six (6) Year Ten (10) Year Deduction I Deduction Deduction Deduction 1 sl 100% j 3rd 33% 66% ou i° 50 1 65% 4th 34% 50% 51h _.. 17%i 1 40/ 5% • 0 0 HEARTLAND AUTOMOTIVE, INC. ATTACHMENT TO STATEMENT OF BENEFITS The items listed below are pieces of new manufacturing equipment for which tax abatement is requested. Descripton of Equipment Purchases 1.) 650 Ton Injection Mold Press Estimated Cost Date Installed $ 520,000 September -97 2.) Powder Slush Machine 3.) Preheating Press 4.) Water Jet Trimming Machine 5.) 550 Ton Injection Mold Press 6.) 850 Ton Injection Mold Press Total Equipment Purchases 3,250,000 October -98 1,950,000 October -98 1.300.000 October -98 494,000 February-99 715,000 February-99 $ 8,229,000 NOTE: Cost shown above represents estimated current cost installed, plus 30 %. The 30% increase in value is made to account for any increase in the purchase price, freight and /or installation cost that may be incurred by the time the equipment is actually installed. 0 Heritage Fest 2 South Jackson Street • Greencastle, IN 46135 March 31, 1997 Greencastle City Council City Hall Greencastle, IN 46135 Ladies and Gentlemen: Main Street Greencastle and the Heritage Fest Committee requests permission and assistance from the City of Greencastle to conduct the annual Heritage Fest (formerly Heritage Preservation Fair) in the courthouse square area on May 16 and 17, 1997. The following street closings and parking restrictions are requested during this time. • The closing of Franklin Street between Jackson and Indiana beginning at 5:30 PM May 15 until Sunday morning, May 18, around midnight. • The closing of Indiana Street between Franklin and Washington and between Washington and Walnut (leaving 231 open) from 5:30 PM, May 15, until Sunday morning, May 18, around midnight. • Parking restricted on these streets during the times they are closed beginning at 5:30 PM, Thursday, May 15. Please call me at 653 -4517 if you should have any questions. Thank you for your assistance with this project. Sincerely, Linda Clute Main Street Greencatle, Executive Director Heritage Fest, Co- chairperson cc: Jim Wright, Greencastle Street Commissioner Damn Cox, Greencastle Police Chief