Common Council - Regular Meeting

I'll call the regular meeting of the Ammer Common Council to order at 6:00 p.m. Please stand for a moment of silent reflection and 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. Roll call. Councilwoman Proser, here. Councilman Bundy here. Councilman Williams here. Councilman Webb

here. Councilman Braun here. Councilman Finchman here. You have before you the minutes of the March 3rd regular meeting. I'll entertain a motion to approve. Move to approve as presented. Second. Any discussion? I'll call a motion for approval of the minutes. All in favor say I. I. Say nay. Motion approved. Um, visitors Andy Brian, Mike, Little John, Jim Kata, and Jeff Jones, Lori. Oh, I'm sorry.

Communications. Anyone in the public want to address the council? All right, Lori. Good evening. I've got the current vouchers for $6,414,19820. Move to approve. Second. A motion in a second. Um any discussion? I'll abstain from 98097 in the amount of $449 is my place of employment. Any other discussion? I'll call for the question to approve the vouchers. All in favor say I. I oppos say nay. Motion approved.

Thank you, Councilman Benjamin. Ordinance number 2026-6, 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 2026-6 on first reading.

Second motion in a second. Uh discussion. Jim, you want to get up and give us some background here?

Yes. Thank you. And uh if it's okay with your permission, the the ordinance that's uh currently being considered is one of three ordinances that are really packaged together. They go they go together if you would, especially the uh the first and the third ordinance listed on your agenda. So, I'll just briefly go over um the ordinances, why we're proposing them, what they're intended to do for the community. Uh so city staff's been working on uh two proposed new chapters of city code which would be uh the ordinance 202607 is proposing chapter 166 which would be the property maintenance code for the city. Then the ordinance 202608 proposes to establish chapter 167 which would be known as the vacant and abandoned structures code. The 2026-06 ordinance currently under consideration um is tied with the vacant abandoned structures code. It would establish a fee for registration of buildings classified as vacant and abandoned. So the the main question the is why the property maintenance code? Uh why are we even considering a prop property maintenance code for the city? And we need to look at it in context of um we have a number of ordinances a number of codes that currently apply to how private property is maintained. So we have our uh the building code which is addresses new construction on all properties within the city. We have the dangerous building code which addresses unsafe or dilapidated structures. We also have a housing code which regulates mainly the interior of housing units. Um then we have other ordinances like the abandoned junk vehicle. We have tall grass. We have garbage and rubbish. We

have all these ordinances that are out there concerning maintenance of properties. Um the two codes, the building code and the dangerous building code are like the ends of the spectrum. new construction or we have a dangerous, unsafe, dilapidated code. What happens with structures in the middle? What happens if we have structures, you know, residents complain about neighboring property that's not being maintained, a commercial building, windows are broken out, whatever it might be about maintenance of that structure. We don't have any codes that regulate that whatsoever. So we either if it's new construction we cover it or if it's dilapidated and unsafe we have something to address that but that's when the building gets so bad that it's really a demolition. So we really needed to consider the gap you know what's in the middle and how do we um come up with requirements for maintenance of buildings and that's what this code would do. It's a common code. We're one of the I would say one of the fewer communities that don't have a property maintenance code. They're very common without throughout the state in the country for that for that reason. You know, people expect that properties next to them or buildings that exist in the city are going to be maintained. And so we need to have a code that addresses that establishes some basic maintenance standards. Um, the way that code operates is similar to the tall grass and the other ordinances that it's going to be a complaint driven system. So, we don't, you know, we have a code enforcement officer, but they don't drive up and down every street and checking out every properties. It really is based on um a complaint system. And so, that's the intent of the the the code. It provides those minimum standards. There standards on the exterior of the building. Again, if you have structures with broken windows or

siding, you know, siding that has completely come off, holes in the roof, um gutters falling off the structure, things that are very visible and things that um do detract from the from the street, from the neighborhood, from the from the community, um because we do receive complaints on those. We try to address what we can, but we don't have codes that specifically force somebody if it needs to be done to do something to maintain that structure. That this code does apply to all structures and properties within the city. So, it does address structures, but also there's a few sections in the code that deals with the property itself and the maintenance of property, not tall grass and that, but it does deal with how that property is maintained. The the last thing just to say about that code, the I've dealt with these codes in many communities. What's what's important about a property maintenance code is and it's not written into the code. It's not even part of the the uh regulations, the policies that we would have per se, but it's important that the community establish a support system for individuals that have these situations because we we can we can you do violation letters, we can assess fines, things of that nature, but all we want to have done is have that problem fixed. And so it's important to have a support system because there's reasons why they're not maintaining that property. It could be cost. Maybe they just don't have the money. Maybe they don't know how to find a contractor. No, they can't get a contractor. Nobody's willing to do that work. Um maybe they they could do it, but they need help. There needs to be a system in place that provides that. And there's organizations that would provide those assistance to individuals if they're asked. And so that's that's an important part of this code because I mean all we want to do is

have these these problems resolved in some way. So but we need to have a code just like any other situation. We we expect everybody to mow the yard but not everybody will. Sometimes we have to force them to. Not everybody will maintain their building. Sometimes we have to force them to. Um the other ordinance that we're dealing with is a vacant and abandoned structures code. that code um only applies to commercial industrial properties. So, we're not dealing with vacant residential structures. That code is written under a specific state statutes. So, there's um the state has provided guidelines for a vacant and abandoned structures code in that it does apply to maintenance of structures that are classified as vacant and abandoned. The statute has definitions for what is vacant, what is abandoned. Um, and it establishes the ability for the city to adopt this ordinance and then come up with standards for what how a vacant or abandoned commercial or industrial building is maintained. And it's about it's not simply being vacant. We have very nice vacant structures at this point in our community, but we have some that aren't so nice and some that do need to be addressed. Yes, we have the property maintenance code that could deal with that, but we also need to have a system in place that allows us to monitor those vacant and abandoned structures. And that's the registration system. That's so if your building is classified as vacant or abandoned, then the owner of that property has to register it with the city and that provides all the contact information that we need for emergency services. One of the problems we have with these kind of buildings is we don't know who to contact. If the building is left open, if it's a, you know, simply abandoned,

we need to know how we get a hold of somebody responsible for that property. Um the registration system does that. It's it when you initially if you're notified that you need to register your building, you register it. There's no cost to do that initially, but the end of that calendar year, if it's still vacant, classified as vacant or abandoned, then you have to register it. There's a small fee. And that's what the first ordinance proposes is setting the fee of $50 annually for that process. Um I can get into more detail if you'd like. um audit either ordinance or the or the fee ordinance. But that's just kind of a general overview of what we're doing. We know we have a situ, you know, we have situations out there. We have vacant buildings. You know, you look at the stake and shake for example, recently boarded up. Not the most attractive commercial building the way they've done it. Kind of a temporary deal. this ordinance. It doesn't force them to occupy the building, but it forces them to maintain the exterior of the building and to make it look better than what it currently does. We have other vacant or I'll call it an abandoned building. A good example is 15th and Hazel Street, one of the old ball brass buildings right at the corner. It's bad. I mean, it looks bad. Something needs to be done with that. This ordinance along with the property maintenance code would address that. before it gets to a to a state where it has to be demolished. That's maybe not the best end goal. Let's try to maintain that building so it could be reused. So the that's why I say all three of these ordinances working together trying to address problems that we see in the community and try to address complaints that we do receive that sometimes we just kind of we there's nothing we can do in this scenario and that's not a good answer for our residents. So, that's why we wanted to propose these three ordinances and and uh I guess I'll

just leave it at that and answer any questions you might have. Uh yeah, I do have questions, but I was kind of waiting till we opened up 167 because there's specific for that. So, yeah. Um I just want to make a general comment. Um, you know, I'm good with these ordinances as long as they're used as on complaint basis and not used as a weapon. You know, I think when you have good leadership, it's not an issue. Uh, if you know, years down the road, if something should happen where it it is being used more as a weapon, then I think we need to revisit it. You know, that type of thing. But, uh, for now, I'm I'm good with it.

Anybody else? Okay. Thanks, Jim. Thank you. All right, I have a motion and a second. Uh, I'll call for the question. All in favor, uh, signify by saying I. I opposed. Motion carries. Ordinance number 2026-7, an ordinance to establish chapter 166, property maintenance code of the city of Auburn. Summary. This ordinance establishes chapter 1606, property maintenance code, and the city of Auburn, Indiana code of ordinances. I move that we pass ordinance number 2026-7 on first reading.

Second.

Have a motion and a second. Any questions for Jim on this one? Um I I well I have one issue that I'm going to propose a change unless there's a lot of questions that that we need to address it differently. But um under section 166.05 uh and it be section letter D um reads I I trip over this pretty badly when I read it especially the last sentence. If the first day is Sunday, it shall be excluded. And the first sentence excludes Sunday. So, I I just kind of was a little tripped up with that. I reached out to Jim and we discussed this a little bit via email. Um, so I I would like to propose and I'll go ahead and make that motion that the second sentence be struck and replaced with a sentence if the last day is a Sunday or legal holiday observed by the city, that day shall be excluded.

I have a second. I'll second that. I have a motion and a second on the amendment. Can you give me that code number one more time? That number one more time? uh 166.05 section D. Thank you. Uh I'll call for the question. All in favor say signify by saying I. I opposed. Okay. So the amendment passes. Any other discussion? I think this just sets pretty much reasonable standards to protect the community and the investments of the residents that they've made to their homes. So, I don't see any issue with this. I mean, they're reasonable.

Any other discussion? I'll call for the question. All in favor signify by saying I. I. Opposed. Ordinance passes. Ordinance number 2026-8, an ordinance to establish chapter 167, vacant and an abandoned structure code of the city of Auburn. Summary. This ordinance establishes establishes chapter 167 vacant and abandoned structure code in the city of Auburn, Indiana code of ordinances. I move that we pass ordinance number 2026-8 on first reading. I'll second motion and a second discussion.

Yeah, I have a couple questions. Maybe Jim, come back up to the podium there, please. This uh is uh commercial and industrial properties only. Correct. So there's no vacant or abandoned houses that you deal or is that dealt with differently or explain that to me?

It's not this what the statute that covers this is is geared towards commercial and industrial buildings. I don't don't believe it's that we can't I haven't seen communities that address registration of vacant uh residential properties. It's always geared towards commercial and industrial. We didn't have a lot of internal discussion on that to be honest as to excluding it or including it but for the purposes of this draft it's not part of that. But the previous passage of the last ordinance would cover that. It does those types of properties. That is you just don't have to register.

That is the overlap where you have to that that addresses all buildings. And so if we do have broken windows or issues with vacant residential properties, we would deal with it with the property maintenance code.

Yeah, I can understand that a commercial building may set a few years before they get a tenant thing. So, I just wondered how that was handled. The other second question I have is uh 67 167.15 penalties. Uh there's not really listed any specific uh charges. Is that in the state or state statute that's listed there or what what's what's the deal with that? It it is we didn't put it there specifically because it is detailed in the statute that deals with if there is a uh citation issued what the fine structure would be. Do you know what that is?

Uh I can Yeah. And it's it's um looks like it's an amount of $500 up to 5,000. So it's got a for a violation. So it's got that range. Is that like a per day or is that just uh similar to the other violations that per structure per year? Per year. Okay. Can we change that as a city compared to the state or? Not that I want to. I just want to know if we can. We we can't ex we can't exceed what the the state allows, but we could

we could or I guess you could choose to um make it less as far as a a maximum. Um that's fine if you so chose. That's all I got. Thank you. Uh, any other questions for Jim? I know Mr. Little Mr. Little John's here and would like to speak if that's okay. Sure. That's in our ordinances that they can do that. Okay.

I know it's kind of out of ordinary because I know we normally do that during a public meeting. Um, but I would like to have you consider some things being that these are first readings to think about as you go through this process leading up to the second reading. I'm sure a a public comment section at that time. Okay. Uh, my my comments are directly related to commercial buildings as it relates to the downtown. Okay. And I'd like for you to consider three points as you go through this process. Okay? some of which will go for the vacant building part of it. Some of it's property maintenance. Um but but these are things to consider as a building owner myself and business owner. First of all, Mike Little John, owner of Carbal Jewelers and that property owner. Um these three things if you would consider them. Okay, these are things that I considered before I signed on the dotted line to buy that property. Um, first of all, I have a responsibility as a building owner to my staff and my customers to provide them with a safe facility to come to each and every day. I'm inviting them into my property, customers and my staff every single day of the year that I'm open and they're trusting me to provide them with a safe environment. Okay? If I don't do that, then I have done a disservice to my customer and certainly my staff. Okay? So, keep that in mind as you're making these thoughts towards this. Okay? Um the other thing is is to my neighbors, my fellow property owners, unlike buying a house, you have a responsibility to your neighborhood.

Okay? Your direct neighbor next to you. We have neighbors downtown also. It's ex extremely important to uphold the value of not only my own property, but to not let that fall on my neighbor and then watch their property go down because of my lack of keeping my property up. Okay? And I know you've all thought about this, but a commercial property looks different because it's visible each and every day to people that pass by. So the third one is my responsibility and this is the most important one to me is to my community. I'm an optics guy. What does this look like to the community if I have a property that is a in disrepair and worse vacant for an extended period of time? Okay. So to my community members that drive by each and every day, what are they thinking about me as a as a business owner? I mean, obviously I know what they're thinking, but to the outsider coming in that's traveling through or whatever, what are they thinking about the community? They don't even know who owns the building, but they know that when they see empty buildings, somebody does not care. Okay? It affects what they think about our community and certainly our downtown. Our downtown is the calling card for all future business. And that's the next point I'm going to make on the third point which is affects future businesses locating here. years ago when Home Depot came to town and CVS came to town, then Mary Yodar brought them into the jewelry store because I'm forever the dab of president and I still am to get my thoughts on at that

time 26% vacancy rate at the at the downtown ground floor level. They were concerned because they saw empty buildings and boarded up windows. They are not going to locate key employees to a community, uproot them to to go somewhere else and build a business if we don't care about the community. So, it's it's more than me as as a building owner at that point. I now affect everybody that lives here with future business, future tax investment, future everything. Now, they luckily came here But they were concerned and so was CVS, you know. So my business downtown also affects business on the west and east end. How how does that look to people? So I support something with teeth in it financially or otherwise. I know that there's talk about some things that are going to be happening and let's let's talk about the elephant in the room on the north side of the square. We we know that there's things happening. I'm concerned about the timeline. I'm concerned about the optics. I mean, if you want me to go further, I can talk more about historical preservation, but that's not what this is about. My concern is the three points that I made. responsibility to to my staff, my customers when it comes to maintenance, okay? My n my neighbors, my fellow building owners, my my commitment to them to upkeep my property, to keep their properties up. And the third and the most the most important to me is how does it look to the community and future people locating businesses here?

Um it's it's to me something that needs to be considered. It's long overdue. We we need to move things forward. We need to see action. Um I'm certainly happy with what's going on with the old hotel property. That's the kind of progress people talk positively about. They talk negatively about things that aren't happening. And that that's my concern. And I and I fully thank you, Jim, for pointing all your points out and so forth. It's It's a lot to consider and I'm not here to I'm here to be positive. I'm not here to be negative about what's going on. I I want things to be positive. Thank you for your time.

Thank you. Thanks a lot. Thanks. I think um you know we've progressed a lot from buildings that have had to be demoed and the RDC took it upon themselves with Aubber Main Street and the mayor um to have the facade grant program and that was a step in the right direction uh to help some of these business owners um get on their feet, get some windows put in, have some teeth, have some skin in the game, but we also have helped with that. So, I think this is a great next step to help our uh building and planning department have some teeth and and see where we can go.

I think the last thing we want to hear about is more buildings dropping. Any other discussion? Sure.

Yes. I appreciate Mike you coming up there and we do have an ordinance that if anybody can speak on the subject matter at hand anytime like that. I've only read through this once and I thought a lot of those situations are h in 167. Um, so I'd have to read through it again to see if there's other things in there that you're trying to address that we're not, you know, but there's a lot of stuff in there that the owners are going to be required to do to these abandoned buildings and stuff. They can't just register 50 bucks and we know it's an abandoned building or whatever. So, I think we have something going here with teeth in it and things. Um, and of course I'll probably read through this again before the next meeting. And my question too would be is there going to be a public hearing at the next uh for because of the fines and the fees and all that. So So there will be a public hearing. It'll be reported in the paper. What we're trying to achieve here and what you said will be reported and so maybe we'll get some other input from people.

I just wanted to address it on first reading so that you had it to think about before. Well, I appreciate that. That's I like the two meeting system on a on a vote because that gets everything out in the open and if there's other people with other opinions u and chance to look at it in deeper. So, I appreciate what what you did there. Thank you. Um, and I'll I just want to make a comment that I know I've talked to some other council members about this and uh what I like about it is that number one, it makes them keep the building safe to the public and um that it's going to be regularly inspected and so uh I think those are really good things.

Any other discussion? I have a motion and a second. All in favor favor signify by saying I I post. Okay. Reports. Um mayor had no report. I have no report. Councilman Fincham commission.

Yeah. So last meeting we had um several things on the agenda. We had a development plan um by the 869 um property owners there for a three tenant commercial building out at 1570 Shook Drive. kind of um by Sonic over there. Um that passed. Um you can look in the the file the SharePoint to look at the design of that. Um and then we had two uh resonings. One at 703 South Main Street. Um that was reszoned into in institutional um that's kind of off across the street from the community foundation building and also um across the street from the parking lot for the Presbyterian Church. And then um out in the ETJ um on 427, the old CCC that got part of that um parcel got reszoned. Um part was um institutional, the other part was low density R1 and we changed that to uh institutional. So the whole property then matched. So and again I know that is in the county. It's outside of city um the city boundaries. However, it is in our ETJ. So, we do have zoning um jurisdiction over that property and that was it.

Thank you. Mhm. Uh committees, nothing uh for tax pays in nothing for ordinance and resolution. Uh finance committee, um I sent a draft out to all of you for the budget schedule preliminary. Uh CIPs have been given to department heads and should be back on April 10th. Our first finance committee hearing will be April 23rd, 9:00 am here in chambers. Any unfinished business? New business, general good and welfare of the community.

Um, yeah, I like to bring something up. I've went to the plan commission meeting. appreciate the that group and uh I go too because there's two reasonzonings and I get educated on what going on there but and I I'm a handicap person so I look at the handicap parking in the new developments like the uh new one that's out there by um Home Depot. So, there's two handicap spots in that and there's possibly two drive-through restaurants and it's a three store system. So, I'll try to make this short. I'm hard at doing that. So, there's only two handicap spots and if they put like three restaurants in there, there's no way that's enough handicap spots. So, my question is and I and I brought up plan commission and they're probably not able to do anything about that. Can we as a city write an ordinance upping the minimum am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am amount of handicap spots on these new developments for just like restaurants and retail. The manufacturing is not a problem. I think they're doing okay, but so I'm planting a seed to see if we can look into some way to uh up the handicap, which I don't remember what year it is, but the federal government hasn't changed that in 20 years or something. I think it's been 20 years and there's a lot more handicap drivers and parking and any in existing buildings are all short hand short spots. Uh and I experienced that. So there I've said I'll quit talking. Thank you.

Um I will get with the mayor on that. Pardon? Have you talked to the mayor? Uh not on that particular issue. No. Okay. I brought it up plan commission a couple times. Okay, I can do that. I meet with him once a month. I I know you do. That might be a good idea. Okay. Um any anything else for general? All right. The next regular meeting will be Tuesday, April 7th. Move to move to adjourn. Were you done talking? Yep. I am now. Did I jump the gun? Do I have a second?

I'll second. Okay, great. Meeting adjourned. We vote on that. I I