Common Council - Regular Meeting

Good evening. It's 6 o'clock. We'll call to meeting the order, excuse me. We'll call to order the meeting of the Auburn Common Council. We'll begin with a moment of silent meditation or reflection followed by the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. [clears throat] Move on to roll call. Councilman Finchum

here. Councilman Braum here. Councilman Webb here. Councilwoman Dit here. Councilman Williams here. Councilman Bundy here. Councilwoman Proer here. Council in front you have the meeting minutes from the December 16th meeting. Move to approve. Second. Okay. We have a motion second to approve the minutes. Any questions or discussion? Hearing none, I'll call for a question. All in favor signify by saying I. I.

Oppos. Motion carried. Recognition of visitors. Denny Kenberger, Mike Little John, Justin Fry, Andy Baron, Jeff Jones, Jim Catarette. Welcome. And Ryan Shample. move on to communications. We'll begin with a annual report from code enforcements. The actual code enforcement officer is not able to [clears throat] make it this evening. So, BPD administrator Ryan Shambo will present. Good evening.

Good evening. uh Ryan Shamal, building and planning administrator. In 2025, we had approximately 100 site visits for complaint-based code violations. Uh complaints directly communicated to our office or forwarded from other departments such as the police department and the mayor's office. Uh these dummers do not reflect any calls or visits handled by the police department. Of these complaintbased code violations, the breakdown would be uh tall weeds and grass complaints, 62, junk and outdoor storage complaints, 15 building safety complaints, 10 parking standard complaints, seven animal issue complaints, six. The city did have to abate several properties a total of four times throughout the year for violating the tall weeds and grass ordinance. And last, our department investigated three unsafe structures. Two of which required the issuance of an order of enforcement. Uh, one for an emergency vacate and repair. The second for just repair. This third structure was demolished by the property owner themselves. That concludes our report. Thank you.

Thank you. [clears throat] Any questions by the council? Is there anyone in the public that would like to address the council?

Anyone in the public that would like to address the council? Hearing none, we'll move on. Nothing from the clerk this week. So, that brings us to ordinances and resolutions. Resolution 1-2026, a resolution of the common council of the city of Auburn, Indiana, authorizing the creation of a community development corporation. Summary, the attached resolution calls for the common council of the city of Auburn to authorize the creation of the Auburn Community Development Corporation. I move that we pass resolution number one- 2022 on first and only reading. I'll second.

Okay, we have a motion to second to pass. Resolution 01-2026. [clears throat] Any discussion or questions? Uh, yes. Uh, this is all new, so and just got it like Saturday. Um, read through the stuff. Wondering if you were going to have some kind of presentation on what what the goals are, what we're what it's going to, you know, how it operates, and what we're trying to achieve.

Sure. Um, I'll begin and if you add to it. So, council president dit u brought up the idea of a community development corporation early on in 2025. Uh, we have researched uh some of the opportunities that would allow the vision for the CDC would streamline some processes. It does reduce some red tape. So if for example, one of the visions for it would be potentially working with the county commissioners acquiring some of these infill lots that are um have back taxes, have not show sold at tax sale, uh which we do have some. Uh acquire those lots, find some developer, uh hopefully local, depends. uh sell the lots to a developer with strict stipulations that they have to build with within a certain amount of time 90 120 days depending on how long it takes to go through that process. In addition to that, the one thing that with the CDC that would streamline that process is you don't necessarily have to go out to public bid. The goal would be for a developer to build some sort of smaller scale home, maybe 900 to,000 square feet. We have some smaller infill lots that would hold smaller homes. Um, so it it would eliminate having to put those properties out for public bid. We could, but if we had a specific developer that uh would want to develop that lot, they could do that. Uh, also it opens up funding opportunities for grants, uh, some that the city may not qualify for because it is considered a nonprofit. Um,

it can also provide other incentives uh, once established to developers that maybe the city is unable to provide as well. um for example maybe some sort of reimbursement agreement uh that they put in infrastructure which we can't the city has limitations and Zach I can let you speak on that because we just we kind of had that situation in the last year where we weren't able to do um a certain I guess say reimbursement mechanism.

Yeah. So to to go along with what the mayor said, um redevelopment redevelopment commissions have lots of rules and restrictions on how they can do certain things. Um, the way CDC's are used in a lot of cities, uh, they will enter into a the redevelopment commission can make a loan to the CDC because they're a nonprofit to be able to purchase um, to fulfill some sort of a plan uh, with a specific direction, with a specific goal, and then the CDC can acquire property, um, sell that to a developer, and then kind of continue to do that process. But with with the redevelopment commission, we can't generally if we're providing funding or incentives to a developer, those have to be through a bonding mechanism as opposed to some sort of a reimbursement agreement or or something a little less formal. And so this this allows us to help pro projects and and progress happen without the extra, you know, hundred to $150,000 that it costs to go through a whole bonding process. Um, and these CDCs are are becoming more and more common in in cities. Um, they generally the CDC, you know, this this is this resolution is not, you know, strictly required by law. This is to give council awareness of what's happening. Um council can with the right project appropriate funds to the CDC. Um we this is just the first step. We have to create the bylaws and and um you know figure out the composition of the uh CDC board. And um I had another point and it's gone.

There's there's over 440 CDC's in the state of Indiana. Um the majority of those work mainly in the low to moderate income parts of a municipality or city. Um the board the bylaws is what sets the board statutoily. You have to have a minimum of three members. Appears that most of those boards uh have five to seven. Uh the board's made up typically of business owners, community members, and civ or civic leaders from the within the community. Um there's no there's no requirement or no max requirement on the number of board of directors, but the average is 5 to seven. Uh term limits no more than five years, minimum of one.

Is your mic on there?

Sorry. [clears throat] Say that all over again. So, um, there's over 440 of those CDC's in Indiana. Uh, most of them, uh, the work that they do are within the load or moderate, uh, areas of a community. And then the board, one of the questions that I was asked was how does the board made up of it? By laws determined, [clears throat] the board makeup uh, has to be a minimum of three per statute. Most commons five to seven. And that is made up of community leaders, uh, business owners, uh, civic leaders, and, um, maximum of a five-year term, minimum of a one if you don't put anything in the bylaws for a term limit or the the years. So, um,

I think you guys hit everything. Um, I think it just adds some flexibility to what we're able to do, um, in a different way. um you know we we've tackled a lot of new things a lot I think over the last few years and so this is just another tool in our toolbox to have some le leverage with uh investment uh for the future. So

and I I remember what I was going to say is CDC's there's no there's no direct it's it's not a line item line item on our budget. They don't they don't get you know directly just funded to be able to do what they want. there has to be, you know, loan agreements, things can be donated. So, the instance of the county, if they have lots that are some of these odd lots that owe a bunch of taxes that just don't sell at um tax sale because of all the issues involved, the county can um ultimately provide or or in a sense donate those to nonprofits, other municipal units. Um so it's a it's a well the community can also donate to it. Uh people if they liked what was happening could donate money so that uh development or other things can happen but it's a fairly collaborative process because the CDC is just it doesn't have its own funding mechanism. So they have to work with whether it's the redevelopment commission or uh the council. So then there's oversight on what is being done, what the money is being used for, what the rules are for the development and all of that. So it's it's a there's a reason why so many of them are popping up. They're a great tool that um is allowed under the law to kind of streamline and and simplify the process.

Um I'd like to make a comment about this. Um, from what I understand, you know, um, as it was explained to me, at first I was kind of lry of adding another entity because it would be adding red tape. Uh, but after I understood more about what it was about, it would actually eliminate red tape and make things more streamlined and uh, easier to do business, so to speak. And I also like that it can be do used for commercial and residential, not uh you know uh not specifically one uh but both. So I I do like that. So yeah, I have a couple more questions. Uh and [clears throat] the big thing that I was wondering is how the uh financing was going to come through for this. Um there's two types of organizations. community based organization or community development corporation and wondered I've read through IC4-4-28 three times and it's I there must be more state code on this Mr. lightener that explains this other places or

it it's very so it's not a statutory construction. So um the the entity is is defined in that section but there's really not a code section that you know there's not like a a council plan commission BCA has a They've got their own code sections that define who the members are, what their terms, how the how the whole thing works. This is um not defined in that way.

Well, that's yeah, that's part of my issue is I'm wondering if somebody like an existing CDC could give us a little scenario of how they're doing things and how things are working out for them, that would be great. uh but on the uh four I IC4-4282 uh community develop corporation and there's like three things that it can go for. one a is housing and b community based economic development projects and that's I think what you're leaning towards but it doesn't go into detail on how all that works and then the rest of the 4-428 talks about individual uh helping and buying a car or buying a house or remodeling a house and they can set up an account and get t taxfree money you know this is that's really into the weeds on this whole thing but it's So, I'm curious about how it's being used with other communities and if we could get uh something and I'd prefer to hear that from somebody or a written out scenario on what they're doing, what how it's working, where the funding's coming from, and what they're doing with [laughter] it. And I'd kind of like to table this for one more meeting and and then and get that information and then vote on it.

So, I mean, we've met with several of them. I'm happy to discuss that with you. I have reached out to you. I never got an email back from you. Um, but we can certainly um connect you with other communities across the state who do this. If you Google it, it's it's pretty out there. Um, they have to just like any other nonprofit put out their annual reporting. Um, I would assume they would come here and do an annual report just like department heads or anyone else across the city. So, um, I think it's going to be very transparent. The reason why the state of Indiana does not have uh the red tape in the meat in there is because it's not supposed to be. That's the beauty of it, right? So, um but yeah, I can c we can certainly connect you with other communities that do this.

Well, I didn't get this information till Saturday and lots going on and trying to get through and like I said, I've read this state statute three times and I'm understanding it more on the third reading on what's going on. But I have concerns as a councilman that if we're funding this with tax dollars and we're talking to all the other departments about how to cut back and figure out how to I've never said we were funding it with taxpayer dollars. Their tiff money is taxpayer dollars. It's all but it's all repaid. It's all loans.

That's a loan. Well, that's different. Yes. And that's the first I've heard that tonight [clears throat] talking about money and institutions and you know depositing money but they don't say in the state code where that money comes from but we can allocate money out of the general fund.

It it's possible usually it's it's a redevelopment commission. There's an agreement with the redevelopment commission where they loan the funds. Council can do the same. There's a mechanism, but it's generally through through the redevelopment commissions where those fund, but they are not they're not gifts, grants, whatever. They are loans. Well, that's better. Loans are better. Yeah. And so, yeah, my initial concern is we're, you know, using tax money that we're working on trying to keep under control over the next few years. So, that's another reason I kind [clears throat] of like to hear from some community that's already doing it, how they how they get their funding set up and how it's working and the projects they're working on.

Yeah. And I I would add to that to the possibility of redevelopment loaning funds to a CDC. That's not even the intention. The intention would be for it to sustain itself. Again, like I talked about the uh lots that have went to tax sale that haven't sold, acquiring those start start there. Um, in addition to that, some of the grant opportunities out there would be another way to be a mechanism to have access to those types of programs. Um, and then I mean you you referenced housing in that that code as well. And I think that's the main key. Um, hopefully someday it would be able to do, you know, much larger scale projects, but

in the beginning I don't see that and I don't believe there's I didn't have the Yeah. to to go ask redevelopment for a loan for any type of um to to start this off. So,

well, I guess the part of the my problem too is a resolution we only vote on it once. We're an ordinance and we used to vote on resolutions twice. So, we had that opportunity to review all the facts, talk about it. Anybody that wants to say something to us at the meeting, then they can tell us by the second uh the second vote. So, I guess that's part of my issue, too, is we're only voting on this once. And to be clear, to reinstate what he said before was that this tactic out here, we I asked them to do that so that we could all be educated on it. Well, I appreciate getting educated. That's one of the main things I like to do is find out what's going on and appreciate that. [snorts]

Any other discussion, questions? Hearing none, we'll call for question. All in favor signify by saying I. I. Opposed. Motion carries. [clears throat] Resolution 2026-1, an ordinance amending chapter 163 entitled Auburn Building Code Fee Schedule of the City of Auburn Code of Ordinances. Summary. This ordinance amends and restates chapter 163 entitled Auburn building code fee schedule of the city of Auburn code of ordinances. I move that we pass ordinance number 2026-1 on first reading. [clears throat]

Second. Okay. We have a motion second pass ordinance 2026-01 on first reading. Any discussion, questions? Yeah, I I do, mayor. Um, is uh you gonna have Jim talk on this or

Yes. Yeah, that would be great.

I'm more than happy to answer any questions. Sure. So, uh, part of the problem I have is in in this is, uh, just a a small section of language. Um, I think it's on, let's see, on the third page, uh, when it talks about improvement, location permits. Uh, on a number one, it says residential, it says deck, porch, above ground, pool, stairs. Um, you know, I just want to make sure when you say above ground pool, you're not talking about somebody who can go to Walmart, buy a kit, go home, put it up in their backyard. We don't have to have a permit for that. Is that correct? No.

So, could we say something like a permanent structure, a permanent pool, I mean, because it's kind of vague. I mean, by saying above ground pool. Actually, when we say above ground pool, uh the Indiana swimming pool code does define um the size of above ground pools. Top of my head, I don't know how many gallons. Um I know there's a minimum height in gallons that they refer to as above ground pools. Not the

blue bladder type that you're talking about that you buy at Walmart. Um, no, it would be more of the permanent with the um the metal uh what am I the skin the liner? Yeah. So, I guess my question is is is leaving it the language as is that I mean is that going to be uh [clears throat] interpreted that way in the future? It's pursuant to Indiana code. Correct. Yeah. Correct. Yeah. So it it be

and in our handout we have handouts also that we hand out. So like if you come to our um office to our counter and uh you're questioning a pool permit, we'll give you a handout that explains swimming pools above ground and permanent um inground swimming pools. Okay, great. And that that's one of my my biggest concerns because when I read that that's how I interpreted it, you know. Yeah. our department at the time we really try to educate the customer and explain. Sure. So, but that is a good question. There are different size above ground pools. Yeah. Yeah. Okay. Yeah, that's all I have.

Not to put you on the spot, but when you talk when you talk about above ground pool and there being a state a state definition. Yeah. Is is that based on gallons size? Yes, it is. Okay. Yeah. talks about the construction of the pool. I believe there's a minimum height. I don't know off the top of my head. I think it's 40ome inches. Um there's a gallon. Yes. But those definitions, it's more than just that of a kitty pool or a a blue bladder you blow up and put water in it. Yes. Yeah. There's a definition for um this type of above ground pool. Okay. Yep. Any other questions or discussion?

Uh yes. Um, my computer has froze, so I'm not quite sure where I was at, but one of the things that uh has come to mind [clears throat and cough] to me is we're doing fees and schedules of fees in an ordinance. And so, how many years has it been since this has been reviewed or changed or raised?

Well, it's my understanding this fee schedule has been reviewed um over the years. Not all permits though, not all fees have been revised. Some have remained the same. Um the ones that we have on for tonight's agenda, um being let's just take one for instance, the square footage for new construction. Um upon our research, we seen that that last revised ordinance went from 5 cents to 6 cents. uh ordinance number 2006-21. Okay,

that's 20 years ago. Um so that's kind of what has led for our department to start reviewing fees because we believe we're behind on fees. Um when I review uh surrounding entities, when I send emails to other building administrators [clears throat] and asking what their fee schedules are. Um, so like I have two examples. City of Angola's at $25 for a fence. We're zero. Uh, Columbia City's at 40. We're at zero. Ryan, can you talk a little bit about how much time it takes to do a permit for a fence?

Yeah. Yeah. Yeah. Yeah. Um, so that's we're going from for from square footage now to fences and accessory structure. But back to square footage real quick. Um, trying to find it here. Uh, those department, the city of Angola and uh, Columbia City, one was at 8 cents plus $120. One's at 10 cents a square foot. We're at six cents. Yeah, that's that's kind of my point. So yeah. So, and you don't know how long ago those ordinance were passed in the other city. So, you don't know if that was like a couple years ago or 10 years ago. No, I don't. I'm sorry. Yeah, that's and that's fine. My point is that we need

uh I've suggested before that, you know, if we have a sunset clause on these kind of ordinances that have fees, then we're kind of forced to, you know, say a fiveyear sunset clause and we're forced to look at that and adjust the fees instead of waiting 20 years. We're going, hey, we should be doing something. [clears throat] We all change up here over time. Yeah. you you know and the department heads do change over time. So you can't rely on them remembering that we need to do something about

and that and that's and that's just it. you know, being the new administrator as of 2025, you know, I've taken this past year to evaluate and review a number of things, processes, our procedures of ordinances. Um, and then and then a number of issues have kept reservicing with fences and and accessory structures like sheds. That's led our department to start reviewing these fees and seeing where we're at. [snorts] And um we're trying we're wanting to recoup our cost. We're losing money.

I agree. And we so we got 20 years here and I go to the parkboard meetings. They just reviewed their fees that were eight years old. Yeah. So I need we need to some mechanism I think to help trigger that as a gradual cost of living increase on all these fees and stuff instead of waiting 20 years and then saying we need to raise 50% or 40% or whatever the percentage is that we're trying to do right now.

So that is the reasoning for these two chapters being on tonight's agenda. We have reviewed these and you know there were just some that just really stood out that we felt that it was time that we need to you know bring up to in order to recoup our cost. So we're trying. Is that enough? Is that cost enough? We believe so. Okay.

Tonight I don't want to see you if you need five cents only doing four. Uh I I we you know like I said you know looking at uh surrounding entities where they're at I I feel that you know 10 cents puts us where Angola and Columbia City's at. Okay. You know I just don't want to see us going backwards so to speak. Yeah. So any other Thank you. Questions? So, I guess [clears throat] my my question would be what would be good wording for an amendment to put a sunset clause on on these,

Mr. Attorney? Um, that's a great question.

Or would that be more of an internal process? Well, so the problem with the sunset clause is [clears throat] just like these bees have not been looked at for years, the problem with the sunset clause is you have a clause that says at the end of x amount of time this goes [snorts] away. I'm sure we can all keep on top of that, but if we don't, then it goes away and the the ordinance is now no longer valid, which then creates additional issues. [clears throat] Um, I guess I I don't know that I'm comfortable spitballing the language for a sunset clause. Um well this does have two readings. So if you want to research a little bit and maybe say present something to me before the next meeting or whatever and maybe maybe [clears throat] you know just sunset on the fees themselves