APRIL 1, 2013

MINUTES MUNCIE COMMON COUNCIL

300 NORTH HIGH STREET MUNCIE INDIANA

REGULAR MEETING: 7:30 P.M. 1ST FLOOR, CITY HALL AUDITORIUM.

PLEDGE OF ALLEGIANCE: Led by Councilperson Nora Powell.

INVOCATION: Given by Elaina Salmon from Lutheran Church of the Cross.

CITIZEN RECOGNITION: Councilperson Brad Polk recognizes Bruce Baldwin. Polk states Baldwin has done so much for the City of Muncie in his professional career and has given in other ways. Baldwin was born and raised in Greensburg, Indiana. He is the youngest of five sons. He came to Muncie in June of 1970 after receiving his Bachelor's Degree from Indiana State University in Terre Haute. He started with working at the Delaware Muncie Metropolitan Planning Commission on June 24, 1970 as a Draftsman/Planner. He married his wife Connie in November of 1970. Connie was responsible for his move to Muncie. She was in the Ball State nursing program where she graduated and has been a nurse. She has worked at the Hospital, private physicians, in home care and now IUBMH Wound Center. While at the Planning Commission the Baldwin'S had three sons, Bruce Jr., Dan and Jake, whom all graduated from Central High School. Also while at the Planning Commission Baldwin earned his MPA Degree from Ball State and ultimately after the absence of the Executive Director he became the Executive Director of the Delaware Muncie Metropolitan Planning Commission. He left the Planning Commission in March of 1987 and came over to the City of Muncie as Director of the Muncie .Redevelopment Commission. In this position he was part of a unique arrangement and partnership between the City of Muncie and the local Economic Development Program originally known as Horizon 91. It is now known as Vision 2016. He started his duty as Muncie Redevelopment Commission Director under Mayor James Carey.

Baldwin served under five different Mayors'. He stayed with the Muncie Redevelopment Commission and the Economic Development Center through last December when he retired. He has served the Muncie Community for over 42 years. His accomplishments were the transition of the Muncie Indiana Transit System which is one of the premier transit operations in the country for the City of Muncie size. The establishment for a City of Muncie house numbering system based on the existing grid system with access at Walnut and Main Street which brought clarity and order to a chaotic non-existent system of numbering and address identification. The passage of Comprehensive Zoning Ordinances which unified both the City of Muncie and Delaware County as well as most of the incorporated communities in the county and to more identical and conforming classification system. There is the establishment of the first Tiff District in

Muncie and Delaware County. It had never been utilized prior to 1987. Baldwin has worked with numerous companies and individuals that are already here and also new to the community of tax abatements, which lead to the creation and retention of many employment opportunities over the years. You knew if there was a tax abatement Baldwin was very thorough and he did a professional job. If there was a question Baldwin was always available to answer it. He has also worked with numerous individuals, developers and individuals and organizations such as Habitat of Humanity on the city three-year abatement program for new single-family owner-occupied housing starts. Also working with numerous companies and individuals on the provision of additional financing of loans for various projects that couldn't get all the financing from a convention source such as a bank or credit union. Councilperson Polk presents the citizenship award to Bruce Baldwin. Baldwin thanks everyone including the council and previous council's. He feels they have worked very well and got a lot of good things accomplished. He states without the co-operations with the administrations and the council he has worked with it would have been a difficult job. He thanks everyone.

ROLL CALL: Doug Marshall Mark Conatser Mary Jo Barton Brad Polk Jerry D. Dishman Julius J. Anderson Alison Quirk Nora Powell Linda Gregory

PRESENT X X X X X X X X X

ABSENT

APPROVAL OF MINUTES: A motion was made by Marshall and seconded by Polk to approve minutes from March 4, 2013. A roll call vote showed 9 yeas and 0 nays. MOTION CARRIED.

COMMITTEE REPORT: Councilperson Quirk states there are two appointments that need to be made to the Beech Grove Cemetery Board. Quirk states they have been given the names of Mike Miller and Linda Barton. A motion was made by Quirk and seconded by Marshall to reappoint Linda Barton and Mike Miller. A roll call vote showed 9 yeas and 0 nays. MOTION CARRIED.

ORDINANCES PREVIOUSLY INTRODUCED:

ORO. 5-13 AN ORDINANCE TO AMEND THE CITY OF MUNCIE COMPREHENSIVE ZONING ORDINANCE FROM THE R-5 RESIDENCE ZONE TO THE CB CENTRAL BUSINESS ZONE ON PREMISES LOCATED AT 401 W. JACKSON STREET, MUNCIE, INDIANA. A motion was made by Barton and seconded by Marshall to Adopt. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED.

ORO. 6-13 AN ORDINANCE TO AMEND THE CITY OF MUNCIE, COMPREHENSIVE ZONING ORDINANCE FROM THE R-4 RESIDENCE ZONE TO THE R-5 RESIDENCE ZONE ON PREMISES LOCATED AT 113 N. MARTIN STREET, MUNCIE, INDIANA. A motion was made by Barton and seconded by Marshall to Adopt. Gregory states she will vote no on this because it is spot zoning and isn't in favor of that. Question called. A roll call vote showed 7 yeas and 2 nays. (Gregory & Polk). ADOPTED.

NEW ORDINANCE:

ORO. 7-13 AN ORDINANCE TO AMEND THE TEXT OF THE CITY OF MUNCIE, COMPREHENSIVE ZONING ORDINANCE REGARDING A NEW UNIVERSITY VILLAGE OVERLAY DISTRICT. A motion was made by Barton and seconded by Marshall to Introduce. Executive Director of Delaware Muncie Metropolitan Planning Commission states the planning commission formed a task force last year, which is the University Village task force. They were to take a look at potential amendments to the zoning ordinance or rezoning's based upon the comprehensive plan and the University Village area development plan, which was done as an implementation measure for the comprehensive plan. One of the triggers for the whole initiative is the renewed interest that has occurred with development with the whole village area. Maybe to carry out some of the principles laid out in the plan which talked about the need to do infrastructure improvements and create new redevelopment opportunities and have them take a different form than what they traditionally see. There were representatives from the Planning Com.mission, Ball State, the neighborhood, the Chamber, Economic Development. They came up with the proposal they have in front of them, which is an overlay district. Within that district it is set forth the geographic area which it applies to. That is shown on the map. It is set forth within the area four different districts. Within the area the task force did acknowledge there seem to be four different types of development. One was the University Village core itself. There is the residential one higher density and one lower density. They see the Jackson Street commercial area as a little bit different from the village and they call that area four. They created different standards for the different areas. The process they are proposing is a review committee being formed that would meet on demand whenever there is a need to review a development plan. The makeup of the committee is intended to be professionals or people with expertise which is laid out in the ordinance.

The appointments that will be two made by the Planning Commission, one by City Council, one by the Mayor and one by Ball State. Basically the review committee will look at development plans that would be submitted for new developments or the trigger for existing things where if they are making a 20% increase to an existing building. They did have a public meeting back in November where they invited neighborhood people as well as property owners that aren't residents of the area and also business people. They are a fairly good turnout. IPA will be the first developer to utilize this new system by redoing the collegiate shops. They are prepared to submit their development plans. They do have members of the task force that are present. Gregory states there

were a lot of questions that came up with discussion on Saturday morning. She asks if the existing color coded parking in that area will be impacted. Gregory states there are several things they might want to amend next month. She has some questions about the review committee. She asks how many candidates she thinks would have the qualifications for this. Moody states she can think of three or four off the top of her head. She states Andy Ellis and there are a couple of other firms in the downtown area. There are all kinds of people with related experience at Ball State University. Gregory asks if they should live in the City of Muncie and do they need to be concerned about the same people being appointed term after term but it is something to think about. Should there be some type of term limitation. Gregory states back on page 15 it had to do with the residential area and the concern was should metal roofs be allowed. It is something they might want to think about amending. Gregory asks if there is no commercial use along the river area. She asks what about the commercial properties that is already there.

Moody state it doesn't affect those properties and what they might want to do is take a look at some language that would provide them with some additional protection. Gregory asks if there is a reason why they don't want further commercial development along the river. Moody state they were envisioning some huge opportunities of for residential redevelopment that will capitalize on its' proximity to the river and the trail. Gregory has concern about vinyl siding. Moody states she did throw that question out to the task force and there were some pretty strong opinions about the durability and sustainability for the larger multi-family complexes. Gregory asks if it could be allowed for single-family. Moody states that would be considered by the review committee and a waiver could be done. Gregory asks if there is an appeal process. Moody states it can be done to the Planning Commission in a full public hearing forum. The review committee is a subcommittee of the Planning Commission. Moody states she will take a look at her other concerns.

Frank Wiles 701 N. Brentwood Lane states this was a very good presentation but he only questions the root of the ideal of sustainability. He states there is a great movement across the United States regarding Agenda 21. He states Agenda 21 is a strike against the constitution of the United State of America. It is to put an end to our way of life. You should be aware of this and study it carefully because sustainability has many implications against our nation as we know it. It is coming forth in great numbers across the nation at this time . He finds nothing wrong with the presentation but the root cause bothers him.

Quirk states this is just for introduction for the council to take into consideration.

Eldon Buck 423 N. Cherrywood Lane states he read over the proposed ordinance and from what he understands the parking restrictions on residential is not the same that applies to the rest of the city. Moody states that is correct. She states one of the basic principles for this overlay district area is to focus on walkability and bike ability and in order to do that you take a look at what the parking requirements are and basically it is departure from the traditional parking requirement. It's not to say they will not take a

look at parking requirements citywide based on those same principles but for right now it applies to the district. Buck states if you have a three-bedroom unit and three people will live there with cars allowing 1 % space to allow parking. He states the way the zoning ordinance reads now you need one parking space per bedroom. Moody states the housing code states that.

Bill Morgan 1205 W. North Street states he was on the task force that created the comprehensive plan for the village back in 1999 and served on this one as well. He has spent a lot of time talking to neighbors and received phone calls. Pretty much there have been two concerns. One is this going to make them do something to their existing place and of course like all zoning its not retroactive and as Marta stated if only you expand by more than 20% and do something new. Another is if their taxes going up. He states yes because if this works the way they want it to the village area will be a much nicer place for people to live and do business and everyone's property value will go up. Eventually their taxes will go up. Question called. A vote by acclamation showed 9 yeas and 0 nays. INTRODUCED.

RESOLUTIONS:

RES. 12-13 A RESOLUTION AUTHORIZING MAYOR DENNIS TYLER TO APPLY FOR A COMMUNITY DEVELOPMENT BLOCK GRANT AND A HOME INVESTMENT PARTNERSHIP PROGRAM GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (HUD). A motion was made by Barton and seconded by Quirk to Adopt. Director of Community Development Terry Whitt-Bailey states the most important pages of the booklet are pages 11 and 39. She would like to make the council aware they are still awaiting their official word from HUD. There was a letter written to Mayor Tyler on March 4th. It states the program funding will be lower than in fiscal year 2012 due to the sequester, which may affect your workforce and planning for this year and possibly beyond. They can expect 5% reductions from the fiscal year 2013 for the formula programs they city is eligible for including community development block grant and home dollars. They are working with a 5.2% cut so they could make sure if there are any additional cuts happening they would be prepared for them. The dollars they see in the document reflects the 5.2% cut. They do know the sequestration the dollars are $85 billion is the amount they are hoping to cut. If that is the case and that does happen $2.2 billion dollars will come out of HUD. It isn't good news but it could be much worse. She will let the council know the official word on what would be happening with their dollars. A survey was done on the community needs they have. It is community facilities, community services, housing, and housing for special needs population, infrastructure, neighborhood services and special needs population facilities. There were 69 grant applications submitted this year which is more than they received the previous year. She states 41 were for public service and 28 pre-applications for projects. She states 60 were eligible to go on and do the application so they met the requirements of low to moderate income. The Community Development staff did look at the pre-applications and the projects and they wanted to make the process a little more stream lined for the citizen action committee. There were eight people that served on

the committee. They were Rena Wagner, Francis Lafferty, Linda Muckway, Olin Dotson, Councilperson Doug Marshall, Councilperson Alison Quirk, Brad King and Patricia Mitchell-Fields. This particular group represents minority, elderly, faith based, low to moderate income and disabled citizens. In the public service aspect they had almost $700,000 in requests and they knew they could only fund about $170,000. They met with the committee and they made recommendations to the tune of $166,500. Originally they had planned to fund fewer applicants but based on the amount requested and the need that is in our community they wanted to do what they could for our community that is struggling with the agreement of the Mayor and herself. The amount they had to cut was $1,112,974 and that is compared to 2010 where they received $1.5 million. In their home funds with the cut they will receive $358,817 and in 2010 they received $671,000. With regard to the public service dollars $166,500 the leverage funds are the matching funds reach $2.9 million dollars. She states organizations and agencies are reaching out to other funding sources. She states with the allocation they received only 15% of what they are entitled to can go to public service. Public facilities and sidewalk signage can get 20%, Housing Rehab 18%, Slum and Blight Removal 24%; Administration can only get 20% and at this state only 3% is uncommitted. They would like to utilize some old money and they did make that known in their public hearing. That is $50,000 from 2010 that was supposed to be used for roof repair and they would like to allocate that money to World Changers. They have been to this community before and they do housing rehab and minor work to homes and neighborhoods. They have a planning process right now and if there are any questions of things the council would like them to include they would be happy to receive their comments. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED.

RES. 13-13 A RESOLUTION MAKING TRANSFERS WITHIN THE BUILDING COMMISSION DEPARTMENT. A motion was made by Barton and seconded by Marshall to Adopt. Controller Audrey Jones is present to speak on Building Commissioner'S behalf. She states there was enough money in the Inspector position because that person wasn't hired until March. They needed a new computer for the Inspector and some of the office supplies weren't budgeted so the Building Commissioner wanted to decrease the Inspector and increase the office supplies to make up the difference for the shortfall. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED.

President Dishman asks Park Superintendent to come forward and give an update on what is going on with the Park Department. Superintendent Harvey Wright states over the winter the parks department have replaced or reconditioned equipment or vehicles. They have refurbished stage sections. They also added a break room to the park office. They purchased two used gasoline golf parks for big events at Heekin Park and McCullough Park. They both have stake beds on the back of them. The Park Department has a three on three basketball tournament scheduled for three different age groups scheduled at Westside Park on May 4th and 5th

. They will coincide with a ceremony before hand with a grant they received from the Ball Brothers Foundation to redo the court. They have some things scheduled for Thomas Park. They are doing a cleanup with Ball State at the

Morningside Park this Saturday at noon. They want to also look at their elderly. They are still doing the senior's in the park program, along with Mits and Lees recipe. Lee's Famous Recipe is providing 15 meals and they go out to the nursing homes and senior citizens centers and they draw a person out each month for that. They will either come out to the cabins in the winter or in the summer a cabin or shelter. Mits will pick them up and b~ing them to that particular park and take them back. Some of the elderly can't throw the horseshoes anymore so they have the corn hole sets. They will have details on an Arts Festival they will have in Heekin Park at the end of September. They will get a flyer out on that. The piers at Prairie Creek are scheduled to be finished midway in April. The campground officially opened today but with no water due to the weather. They don't want the water to freeze. They went through the same thing with the baseball diamonds. There have been a lot of people that understood that. At Prairie Creek they will have the 2nd Annual Ron Bonham Day June 29th and they will have flyers out within the next two weeks. Barton asks will they rent booth spaces for the Art Festival. Wright states they will and booth space will be $25. He states it will also be advertised on the public access channel. Anderson asks if he can explain some of the work he did at the Park Department. Wright states they put the flooring down and they added some furniture. There wasn't one there for a while and when the employees came in they were in the garage. They talked and decided to have a break room and bring up the moral to show that they do care. They painted trucks during the winter and they still have to get decals. They traded in their old trash truck with sanitation. They have the two golf carts from the University Of Notre Dame along with the service records and they have been well taken care of. They have a salt spreader on the back of one of the trucks. The Peterson truck serves to pick up the brush around the parks and it also has a plow on the front. They needed barricades and the price was $288.00 and $429.00 for the larger ones. The employees made them themselves and painted them. The bleachers were scrapped and sanded down and painted. Storm water purchased two cabinets to use for paint and aerosol cans and the other for chemicals that they use in the garage such as oil or transmission fluid. Urban Forester Kelly McClellan is present also. Conatser thanks Wright for making the effort to refurbish those things. Barton thanks Wright also and thinks the program for the senior citizens is a good ideal. Barton states they all appreciate what they are doing. Dishman states they have done a good job repainting equipment at the Morningside Park.

Wright states they received a grant and they will refurbish the basketball court in Heekin Park. They did get quite a few basketball courts done last year.

Urban Forrester Kelly McClellan states she has spoken with CEP who pays the other half of the salary, along with the Park Board and Urban Forestry. Cassie Benning left her position as President of the Urban Forestry committee. They will have to replace her seat. The reason they put this plan together is because they found emerald ash borer a year ago but they saw a huge difference in the health of the ash trees. They have been educating people a while about the emerald ash coming. The city doesn't have the money to treat 1,000 ash trees so they thought they would find a few good smaller trees that looked healthy and treat them and they declined rapidly. If the tree is dying and it can't get up in there it is pointless and money is being wasted. They know

they have approximately 1,000 ash trees on public property. She states they have 12,846 city trees. There are 366 ash trees in the parks. There are 650 along the streets or traffic islands. They know the condition, size and location of each tree. Any tree 18 inch in diameter or less they will try and remove themselves as long as it's not in the power lines or next to a historic home. They will have to contract out18 inches or larger. If there is nothing around those in the parks they can drop those. They are looking at 605 trees that they would have to contract out. Most of them are 18 inches in diameter. There is just an estimated cost, which is $500 per tree and maybe $900 for a 30 inch or greater. They are looking at approximately $400,000 removing trees. She states not only will they have the city trees to worry about but the hazard private trees and they don't go out looking for code violations but they do get calls for dead trees because anything 2 inches in diameter or larger falling from a tree is dangerous. They have to write an ordinance violation and give them 30 days to comply and they have one or two that didn't and then it is turned over to the city attorney. They can't go out and give an individual an ordinance violation for their tree and the city doesn't take care of their own. McClellan states they want to help the public as much as possible to identify the problem and treatment options. They have a couple of students from Ball State want to use some of the firewood from ash trees at the old Claypool School. They want to do a nature center there.

Gregory states she has noticed in the last week or two there has been some trees that have been coming down. McClellan states those are mostly silver maples. She states they have so much for hazard tree removal. She wants to use about half of it. They started on the northwest quad and bid out the work. They got the lowest bidder and their not evening spending half the money. A lot of these are overly mature silver maples that were planted in little two foot lawn strips and they have grown out over the sidewalks and curbs. They are hollow and they don't allow people to plant those trees in the easements. Barton asks if they will be replacing the ash trees in the parks. McClellan states they hope to do. They do get some trees from American Electric and Power in their swap a tree program but it's not a lot. It is about 20 trees a year. They will not have any more ash trees. McClellan states from 2010 they have monies they haven't used approximately $16,000 to plant in three low income area parks. They are planting the trees themselves because they are getting them wholesale. It is about 150 trees. Barton asks how many trees were taken out at Prairie Creek. McClellan states one ash tree and one down by the water, one by the playground and a couple by the office. There is another across the parking lot from the office and these are all at the Assistant Superintendents request and there were a couple she saw that needed to come down. Quirk states replacement of trees are a concern for people. If there is anyway there is some tool they could use to educate them.

McClellan states they had the hazard tree removal money but there isn't a lot of grant money for planting trees. They can get a few trees from the State DNR every two years and there is an issue with that. There was a contractor that planted trees last year, which the power company purchased some trees as match money for the grant and the contractor didn't plant the trees according to spec on Dr. Martin Luther King Blvd and he refused to redo the work and they have to replant them and until they do that they will

not be able to get any more money from the state. They had a drought for the last couple of years and they spent a lot of time watering trees. Quirk asks how much does the cost. McClellan states about $80 to $100 a tree and they are real good quality trees. Gregory asks if there is a fund available that people can donate to. McClellan states they are going to start a memory tree program and they will split the money but that is if someone purchases a tree in honor of someone and the first year the money will go in the bank and after that they will split the money. Gregory states maybe that is a program that encourage someone. Wright states when a tree comes down they are going to do their best to replace one in that spot. They do have trees on order that is coming in. They probably will not get a tree back in every spot and but they need the manpower. Hopefully they can get some volunteers and keep working at it. He states going down Willard the sidewalks are tearing up and curbs falling apart because the proper trees weren't planted. They will make sure they put the proper trees in those spots.

lVIarshall asks Associate Vice-Principal Gary Moore to address the council. Moore states he wanted to address the council about the accreditation process that will be taking place at Southside next week. They have had discussion in their board meetings as well as the administrative meeting on who they would like to invite to speak. Marshall asks him to come to the council and invite everyone. Moore states next week on April 9th from 3:30-4:30 there will be a team of 5 coming from across the State of Indiana to ask questions of stake holders and the council is stake holders. You may not have attended Southside but know people who have and he would love for them to come out and speak and extends an invitation to everyone. Moore states it is called Advanced Ed and they have conversations with teachers, parents and students. The school has put together a massive report to make sure the school is doing what they say they are doing. As well making sure the community members have input as to what they are doing at the school.

Polk sat in on a MAP meeting at Ball State and they asked if he knew anyone that would host some of the first year students. They work plans for downtown and the roundabout area. They do quite extensive plans for that. He states there about 85 students doing this. They will be showing their work at Ball State late April before finals week.

Muncie Human Rights Commission Director Yvonne Thompson states the upcoming Peace Conference is this Friday in the City Hall Auditorium at 5:00 p.m. Everyone is invited. Their keynote speaker is Steve Royce and he will be talking about what one person could do. He is the director of Water is Basic a non-profit organization. On Saturday there are different presentations from people all over and on different topics regarding what peace can do for our city, nation and world. It is from 10:00 a.m. to 11 :50 a.m. called forum Police & Pastors. They will have a Teach In from 11 :50 a.m. until 4:00 p.m. The Muncie Human Rights Commission will have their fair housing workshop. The speaker will be Marilyn Brown and is from Chicago. She is on the advisory member of the John Marshall School of Law. She will answer any questions

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regarding fair housing. This will be Friday, April 19th at Union Missionary Baptist Church from 9: a.m. to 1 :00 p.m. Thompson states there will be a light lunch at the Church.

Terry Whitt-Bailey states tomorrow at Open Door it's their community conversation. J.P. Hall from Indiana Landmark will be here to moderate the program. They will be talking about the Unity Center, Historic Preservation, Neighborhood Stabilization programs, Land Banking and Downtown Development at 6:00 p.m. - 8:00 p.m. at Open Door in the lower level. All of the council should have received a copy of the Mayor's State of the City Address. It will be at the Horizon Convention Center at 7:30 am. On April 11th.

There will be a breakfast at 6:30 a.m. The Mayor realizes it is his responsibility is to have a presentation to the legislative body.

A motion was made by Bart n and seconded by Conatser to adjourn. Motion carried.

lis Reagon, ncie City Clerk of the Muncie Common Council