MINUTES OF THE MEETING OF THE COMMON COUNCIL VALPARAISO, INDIANA. November 28, 2016

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1 i:\clerk documents\council minutes\ doc Page 1 of 5 MINUTES OF THE MEETING OF THE COMMON COUNCIL VALPARAISO, INDIANA November 28, 2016 The Common Council of the City of Valparaiso, Indiana, met on Monday November 28, 2016 at 7:00 p.m. in City Hall. Mayor Costas was absent. Councilmember Bowker called the meeting to order. The Pledge of Allegiance was said. Clerk-Treasurer Swihart called roll. Present were Councilmembers Murphy, Bowker, Hoffman, Reed, Hudson, Cotton and Porter. MINUTES Councilmember Hudson moved to approve the minutes of the November 14, 2016 meeting. Councilmember Cotton seconded the motion. Upon voice vote the motion to adopt the minutes ORDINANCE NO. 26, 2016 AN ORDINANCE AUTHORIZING THE CITY OF VALPARAISO, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT RUNNING EXPENSES FOR THE USE OF THE SPECIAL FIRE PROTECTION TERRITORY GENERAL FUND OF THE ISSUER, IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2016, AND COLLECTABLE IN THE YEAR 2017; AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS TO THE INDIANA BOND BANK; AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PUNCTUAL PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON Councilmember Hudson moved that Ordinance No. 26, 2016 be read a second time by title and a third time in full and be considered for adoption and the opportunity be given for the offering of amendments. Councilmember Cotton seconded the motion. Clerk-Treasurer Swihart read the Ordinance. Councilmember Hudson moved to adopt Ordinance No. 26, Councilmember Cotton seconded the motion. Clerk-Treasurer Swihart explained this is for the Fire Territory. They are pretty new. They do not have enough cash flow yet. Upon voice vote the motion to adopt Ordinance No. 26, 2016 ORDINANCE NO. 27, 2016 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF VALPARAISO, INDIANA, AMENDING SECTION 91 OF THE MUNICIPAL CODE OF THE CITY OF VALPARAISO, INDIANA TO ALLOW HONEY BEES IN PARCELS CONSISTING OF LESS THAN FIVE (5) CONTIGUOUS ACRES

2 i:\clerk documents\council minutes\ doc Page 2 of 5 Councilmember Hudson moved that Ordinance No. 27, 2016 be read a first time and considered Ordinance No. 27, Councilmember Hudson moved to carry Ordinance No. 27, 2016 to the Councilmember Porter addressed the Council. She gave an overview of the Ordinance. The number of hives allowed is two on any City lot. Location of the hive is set out in the Ordinance. A 6 high flyway barrier is required. A water source is required. Councilmember Bowker opened the discussion up to the Public. Vincent Fisher discussed what makes a bee sting and the various types of bees that sting versus a honey bee which does not sting unless provoked. Walt Breitinger It is impossible for a beekeeper to have bees in the City limits. So the only people who will be talking tonight are from outside the community. It is important to have bees in order to survive. Duane Davison we need bees for food. This is good for the city and also our neighbors. Councilmember Porter discussed the areas where bees already exist in Valparaiso. One such place is by TJ School. Occasionally bees will swarm. At this point someone gets the swarm and re-locates them. Ken Harter he has been a beekeeper for 15 years. Currently he is called if there is a swarm. Honey bees are not dangerous; others are. He discussed the differences between honey bees and other types of bees. Councilmember Cotton discussed density concerns. Councilmember Porter said there is a critical mass. If the bees do not get enough food and water they will not survive winter. Ken Harter added the chance of hitting a critical mass for honey bees is almost zero. Linda Hanson is a 4-H leader. She feels there might be 12 to 15 people in the City that want to be a beekeeper. Councilmember Porter it is costly to start bee keeping. It is not something that a person will just start doing if not serious about it. Councilmember Murphy a 6 high fence is required. He asked if this violates any City code. Ethan Lowe replied they are looking at that. There may be some changes. Councilmember Porter explained it is not exactly a fence that is required. It just has to be a barrier and could be plants, lattice or something similar. Councilmember Bowker - he does not see where a person has to live on the property where they are keeping bees. Councilmember Porter said that is intentional. If a person lives in an area where they could not meet the requirements to have bees but have a friend who could, that person could do beekeeping on the friends property. Councilmember Bowker s concerns are a

3 i:\clerk documents\council minutes\ doc Page 3 of 5 person renting and then leaving. What is there that makes sure the person does not move and just leave the bees. Upon voice vote the motion to carry Ordinance No. 27, 2016 to the December 12, 2016 meeting ORDINANCE NO, 28, 2016 AN ORDINANCE APPROPRIATING MONEY RECEIVED FROM PARK NON- REVERTING OPERATING SOURCES OF THE CITY OF VALPARAISO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 Councilmember Hudson moved that Ordinance No. 28, 2016 be read a first time and considered Ordinance No. 28, Councilmember Hudson moved to carry Ordinance No. 28, 2016 to the John Seibert addressed the Council. This is an annual request. The funds are fee generated income. Upon voice vote the motion to carry Ordinance No. 28, 2016 to the December 12, 2016 meeting ORDINANCE NO. 29, 2016 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF VALPARAISO, INDIANA, APPROVING AND ADOPTING AN INTERLOCAL COOPERATION AGREEMENT WITH CENTER TOWNSHIP Councilmember Hudson moved that Ordinance No. 29, 2016 be read a first time and considered Ordinance No. 29, Councilmember Hudson moved to carry Ordinance No. 29, 2016 to the Bill Oeding addressed the Council. This is a joint agreement between Center Township government and the City of Valparaiso. This is modeled after an agreement between Carmel and Clay Township, Indiana. There will be a Joint Board. Four members will be from Valparaiso and two will be from Center Township. The appointments have to be a 50/50 political divide. An elected official is not eligible to serve on the Joint Board. The Township will have a Special Taxing District for all Township territory. The financial support for the Joint Board will be 71.9% for the City and 28.81% for the Township during fiscal year The Joint Board will submit a budget by June 1 each year. The Agreement will continue from year to year unless terminated. The Township Board met earlier tonight. They approved the formation of a Park Department. They will take this up again on December 12, Councilmember Porter asked about the levy. She discussed that currently Township funds are to help needy. She asked if this will impact that ability at all. Councilmember Porter discussed that residents of Valparaiso City limits will not see a raise. But Center Township residents will see

4 i:\clerk documents\council minutes\ doc Page 4 of 5 an increase in their taxes. Bill Oeding explained this would be much like the Fire Protection Territory. Township residents already use the City Park system. This makes it equal in responsibility for maintaining etc. Councilmember Bowker stated the residents of Center Township have been using the parks and paying the fees but have not been paying anything for the construction or maintenance of the parks. Bill Oeding said this will balance it out. John Seibert stated 49% of the people using City parks are non-residents. There is not a park department in Center Township. Not only will Center Township help with funding, but they will then also have a say in the direction of the Park Department. Councilmember Cotton asked if the equipment will be state of the art. John Seibert said they always look at that and then see what will fit the budget. Councilmember Cotton discussed if a referendum is necessary for the people of Center Township to approve this. He also discussed if the Township is able to do this on their own. Also discussed was if the population flips so the Township has more residents than the City and what happens then. He asked for a performa of cash flow before the next meeting. Bill Oeding explained they hope to have numbers available by the December 12 th meeting. Councilmember Hudson asked about the non-resident fees versus the tax money generated by the Joint Board. John Seibert replied more money will be generated with the Joint Board and tax money. Councilmember Bowker asked if the two appointments by Center Township had to come from unincorporated Center Township. After discussion it was stated it should be the Township s choice. Councilmember Reed asked if there would be a new name. John Seibert explained there will be a new legal name but they are still discussing the brand name. Councilmember Hoffman asked of this is time sensitive. Bill Oeding said this appears to be rushed but they have been working behind the scenes for a year. It is only time sensitive that if it is not completed by the end of the year, it will be delayed for a full year. Councilmember Murphy said from the City standpoint he does not see a down side. He encouraged them to keep looking for options to work with Township government. At this point Councilmember Bowker opened the meeting for Public comment. Kenard Taylor Anytime government can co-operate together and eliminate duplication it is good. It saves money. Kevin Cornet asked if the current Park Board will merge with the Joint Board. Ethan Lowe replied there will be two boards. This is dictated by State statute. Kevin expressed his opinion this is a savings of not having duplicate government. Dan Martin asked if now that there will be more money coming in, has the City considered lowering the taxes of City residents. Clerk-Treasurer Swihart explained the City is experiencing

5 i:\clerk documents\council minutes\ doc Page 5 of 5 significant circuit breaker credits due to the tax caps. A resident cannot pay more than 1% of their assessed value. Almost all of the City residents are at the cap. Center Township has less circuit breaker credits than the City of Valparaiso. Walt Breitinger asked about the Park Foundation. John Seibert explained it will be brought in. Chris Pupilo asked how this will impact the revenue and expenses of existing parks. Some of the City s parks are under maintained. John Seibert replied the purpose is to have sustainable funding. Upon voice vote the motion to carry Ordinance No. 29, 2016 to the December 12, 2016 meeting AUDIENCE Eric Chesterton addressed the Council. He discussed a trade deal that is going to affect 40% of the global economy. It is a bad deal. He discussed the aspects of how it will put steelworkers and others out of jobs. He stated 12 cities in Lake County have passed a Resolution showing their disapproval of this agreement. Terry addressed the same issue. Some people think this agreement has been killed. It is still an active piece of legislation which has been tabled. He discussed the negative impact of this agreement. He asked the Council to adopt a Resolution denouncing the trade agreement. Councilmember Bowker explained the process for getting an issue on the Council s agenda. Paul Shreiner presented and read a letter from Project Neighbors. They are disturbed with Council s vote on Aurora View. Affordable housing is very much needed in Valparaiso. The meeting adjourned at 8:45 p.m. /s/ Sharon Swihart, Clerk-Treasurer

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