Town Council - Regular Meeting

Heat. Hey, heat. Hey, heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. We're going to go ahead and call the meeting to order. Please rise for the

pledge to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible. Liberty and justice for all. Julie Roll call, please. Robert Pope. Bill Holland, present. Greg Zusen, present. Don Lden, present. Jason Pucket, present. Great. We have a quorum. Uh, next on the agenda is the Arbor Day proclamation. Julie, are you reading that?

Yes. So today we come before you with an Arbor Day proclamation. Whereas in 1872, J. Sterling Morton proposed to the Nebraska State Board of Agriculture that a special day be set aside for the planting of trees. And whereas the holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska. Whereas trees can reduce erosion of our precious soil, top soil, wind and water, lowering our heating and cooling cost, moderate the temperature, clean the air, as well as produce oxygen and provide habitat for wildlife. Whereas the trees are a renewable resource, giving us paper, wood for our homes, fuel for our fires, and countless other wood products. And whereas the trees in our town increase property values, enhance economic vitality of business areas, and beautify our community. Whereas trees wherever they are planted are a great source of joy and spiritual renewal. Whereas Avon is the first Tree City USA community in Hendricks County and has achieved this designation every year since 2007. Now therefore, the town council of Avon does hereby proclaim that April 24th, 2026 as Avon Arbor Day. In the town of Avon, we urge all citizens to honor this day in recognition of all the big trees in Avon and increase awareness of the benefits of our urban forest to support our efforts and protect our trees and woodlands. Further, we urge all citizens to plant and care for trees to bring joy to life and promote the welfare of our future generations. proclaimed this 23rd day of April in the year 2026 by the Avon Town Council.

Thank you, Julie. Next is the consent agenda. I'll make a motion to approve the consent agenda, including the check register for April 23rd, the work session memorandum for April 9th, and approve the minutes for April 9th as presented. Second. Thank you, Julie. Roll call, please. Bill Holland, four. Greg Susan, four. Don Lden, four. Jason Pucket, four.

Next is the first of two public comment periods. The public may comment on an agenda. On the agenda that is not up for public hearing or on a specific matter within the council's jurisdiction. If you would like to come forward, please make sure the green button is pressed on the microphone. State your name and your address and limit your remarks to three minutes. Nobody hopping up. We'll go ahead and close that public comment section and move on to council comment and liaison reports. I have nothing. I have nothing. Nothing for me.

Nothing for me. Quick meeting. Next is new business. Uh we're going to discuss unsafe building processing expense determination. Ryan, are you speaking to that or Anna? Actually, Anna's going to walk you guys through, kind of explain what why she's asking you to do this tonight. Okay.

Uh, yes. You should have before you a report of the building commissioner. Um, and for this action that you're taking tonight, um, just we gave you some background in that report, but there's been an ongoing unsafe building action going on um, on a site here in Avon at um, 1137 North Avon Avenue. Um, work has been done on that site. um we hired a contractor to go out after um procuring a quote and that work has been completed at this time. Um as part of the unsafe building law, we are able to um recoup our costs for the actual cost of the work. Um but the statute also allows the town to recoup costs with respect to the amount of pretty much overhead costs that the town put into administering the o unsafe building action. Um, so what we are asking for you to determine tonight is the average processing expense that goes into um the unsafe building action. And some things that can be considered in that costs are things such as um the cost of obtaining information about the identity of property owners, the cost of notices, um certified or publishing, um salaries of employees, um equipment, office supplies, those sorts of things. Um and then attorney's fees as well. Um so the statute just tells us some things you can consider. So um your staff has put together um an estimate as to not only the cost that has been incurred up to to date but also um a forecast of what may be incurred in the future to um kind of wrap up this process and trying to either collect this cost from the owner or eventually filing a lean um on the property. Um so you'll see here that we've um put together the salaries employees, the cost of notices and as well as legal fees. um we round it to an even multiple of 10. Um so that's $5,000 um dollars or $5,80. Um so for this process, you would open a public hearing so that if anyone were

able wanted to speak on this matter, they would be able to. Um notice has been provided to the property owner, not only by certified mail, but also published in the newspaper. Um so if they wish to speak to this action, they could do so or anyone else as well. Um, and then we'll just have you make a determination that um, of what that average processing expense is. And I'd be happy to answer any questions that you might have. Um, should we go ahead and open the public hearing first before council comments? Sure.

Okay. Uh, we will go ahead and show at 7:08 that the public hearing is opened for the topic that was just discussed. There's anyone that would like to come forward. Again, please state your name and your address and limit your comments to three minutes. No one coming forward. So, we will go ahead and close public hearing at 7:08 as well. Um, any council comments or questions for our legal counsel? I had one question. this 5080 here. Is this like a flat fee for any of these cases that we run up against or is it like an hourly fee or I mean what's the

Yeah, so the statute says that it's just a reasonable forecast for a typical unsafe building case. But we haven't had one of these in so long that we just took the costs that we spent here to um come up with this number. Um but generally this could be a number that we would apply in the future. If there was a varying a variance in that cost, then we would come back before you and open up a public hearing um where you could make a different determination that you've made tonight. So, this isn't set forever. Um but this is based on the you know the numbers that we've spent so far and actually spent on this case and are estimated to be spent in the future.

My question would be is the property owner I mean you said that if they don't pay this then we can file a lean against the property. Are we anticipating that they will pay? Are we anticipating that they're going to keep the property up so that it's not a nuisance property from here forward or what's been the conversations?

Yes. Uh there were conversations. This has been going on for I think a year and a half to two years. So this has been an ongoing issue. There have been conversations. I know that Drew is here tonight, but he had conversations with the property owner and their attorney, but we just weren't able to get any movement. Um so that's what led us to this unsafe building action in the first place is because we weren't able to uh get compliance. So throughout this process they've received notices as correct notices to correct notices that we are getting a quote for the property notice that we are doing the property and we haven't had much reaction to that. Um so it's our expectation that we will send them notice of this reasonable cost as well as the cost of the work inform them that they can either pay that or we'll file a lean on the property. Um, so it would be my expectation unless we get communication from them after the statutory waiting period that a lean will be filed on the property.

And this is just the processing processing expense, not the cost of what other action we've had to take.

Exactly. The actual cost of the contractor will be placed on the lean and then there's also a pending emergency action that there was cost associated with that as well which will also be leaned. Um, we will be going before the plan commission to make determinations with regards to that emergency action. So that's still on hold for now. So this is just one of the three components that will go into the amount that can be leaned or collected from the property owner. When I read my plan commission packet, this was in there and there was a timeline of events that was also incorporated in that that isn't here. And you know to me my first question are the property taxes current? Do we know if they're delinquent? I believe they are delinquent and

but I can't tell you that for a fact. And and based on the timeline that I read, this is going to continue to happen. I mean, this isn't going to go away. The the property when when do we determine it should be torn down is probably the better question.

And that's a determination under your town code. you have a um enforcement authority and for you that is the the building department um and the building commissioner make those determinations. Um we made an assessment as what was the action that needed to be taken to secure and clean up the site and prevent an unsafe premises at this time. But if if it were to continue to escalate then we would continue through the unsafe building process which um includes sealing buildings and eventually demolishing them if there is a severe emergency safety risk. So if that were to occur, that would be an assessment that would take place in the future. And at some point with the taxes unpaid, it will go to sheriff's cell.

Uh yes, generally that is tax sale is generally what would occur if if property taxes go unpaid. The taxes are paid and up to date. I was just pulling it up. Yeah, they haven't paid this year, but everything else is paid. They're not yet up until this year they are.

Okay. I'm fine with this, but this is not going to take care of the problem. We're going to keep doing the same thing and we're going to we're going to take staff where they could be doing something else going out and taking care of this. I mean, at one time there were people's there were squatters living in that building as well and there's environmental issues because there was drainage behind the building. So, I mean this it needs to be addressed and and I think the owners are out of state owners, aren't they? Weren't they in New York or something? I saw um So, yeah.

Has an Indianapolis address. All right. All right. So, we've had a public hearing. Are you um Anna and Ryan, are you looking for us to We need to make a motion to just approve the average processing expense. Yeah, this point. Exactly. I'll make a motion to approve the proposed average processing expense as presented. Second. Julie, roll call, please. Don Lden, four. Jason Pucket, four. Bill Holland, four. Greg Zizen for

next is resolution 2026-12 declaring an economic revitalization area in the Chicago industrial mark.

Yeah, John's here as well if you guys have any questions, but this is the first step in the process for a tax abatement. Uh per the SB1, uh Chicago Industrial is proposing to build a 613,000 uh square foot uh industrial building. Uh we are aware that they have a tenant. You will notice in there they they haven't provided job numbers. I've asked them uh to provide this. Since they did have a tenant, they asked us to expedite this tax abatement. So, we tried to get it on your agenda as quickly as possible to to start that process. It is about a 45day process for the tax abatement. So, um they got us an application as quickly as they could and and Dawn uh allowed me to kind of cram this on the agenda at the last minute. And so uh this is just the determination of an economic revitalization area. Uh our tax abatement committee will meet and review the abatement. Uh we will try to get that additional job numbers and then uh you will have to conduct a public hearing at your second meeting in May and that's when you will actually consider and vote on the tax abatement. So I'm happy to answer any questions or again if you have any questions for John, John's here as well.

No, I agree what you said. I mean, we're just establishing a revitalization area, and they should be put on notice that when they do come back the next time, we need that information. Yeah. And I'm not sure how big of an issue this is, but it looks like they have resolution number 2021-05 listed on this SP1. Is that a typo? It is. They probably grabbed the one from the last building they did and Okay. Yeah, they just had a typo for it. So, we'll have them correct that as well. I saw that, too. If no more discussion, we'll entertain a motion.

I make a motion to approve resolution 2026-12 declaring an economic revitalization area of Chicago industrial as presented. Second. Thank you, Julie. Roll call, please. Bill Holland, four. Don Lden, four. Greg Susan, four. Jason Bucket, four. Anna, legal counsel report. Second of two public comment periods. No one coming forward. Council comment. Anyone? Nothing. Council calendar. Ryan.

Uh yes. Uh this is a five weeks. So congratulations. This is one of the months you get an extra week off. So congratulations. Uh, your next meeting is May 14th. And we do have a work session at 5:30 p.m. Um, and then the regular meeting is at 7 p.m. And just a reminder that 5:30 p.m. uh work session INDOT is going to be here to talk about the 36 project. So if you guys can be here, please be here because it's a a big issue for the community. So that's all I've got. Meeting adjourned.