City Council - Regular Meeting

You are alive. This time I call to order this regular meeting of the Teroot City Council, Thursday, January 8th, 2026. First item on the agenda is a moment of silence and pledge of allegiance to the flag. Tonight the pledge will be led by Council Person Cheryl Laudermill. Pledge allegiance

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. Michelle, will you please call the role? Council person Azar here. Council person Boland. Council person Shaos present. Council person Don here. Council person Dink Dinkle present. Council person Hinton present. Council person Loudermilk present. Council person Nation here. Council person Thompson. Seven are present. Two are absent.

Thank you. We did receive notice from council persons Boland and Thompson that they were out of town for uh previous engagements. This time we allow up to 30 minutes of time for public comment on items that are not on the agenda. We didn't have anybody sign up on the list, but if there's anybody in the audience who would like to uh make a public comment on a non-aggenda item, please approach and limit your comments to three minutes. Hearing none, we will close a public comment. Correction of the journal from the preceding meeting. There are none. Communication from the mayor. I received none. Reports from city officials. There are none. Reports from board of public works and safety. There are none. Reports from standing committees. There are none.

Reports from non-standing committees. There are none. Items previously tabled. There are none. Tax abatements for confirmation. There are none.

Items on second reading. General Ordinance 13, 2022, amending city code chapter 4, article 26, designating outdoor refreshment areas. You have received a request to table until February. Council President Dinkl, members of the city council, Michael Wright, city attorney, as Michelle alluded to, we have asked that this be tabled until your February meeting to further confer with the businesses that would be impacted by this ordinance. I know Councilman Azar um has interest. the uh Kelly Ford reached out to me this morning with some questions and thoughts and we have a meeting next Monday with Jonathan Alrech with West Central for um further discussion on the salient points in that ordinance. So I'm happy to answer any questions. This time I'd inter maintain a motion to table.

Mr. President, Council Person Deon, I'll make a motion that we table general ordinance 13 2025. Second. It's been moved. I'm sorry. Until our first meeting in February. It's been moved by Council Person Don, seconded by Council Person Hinton that we table general ordinance 13205 to the February 5th meeting. All those in favor, please say I. I. Post say nay. It's tabled to February 5th. Thank you, Mr. President. I apologize. I forgot to put on your agenda, we have a presentation from I lead. Okay, let's go ahead and go to that then.

Hello, I am Claire Roberts. I'm the secretary for ILE and I go to South as a junior. And this is Clark. He is Eilead's president and he goes to North as a junior. and yeah will be for I lead voice. Um so our mission as from IELD is we are a youthled advocacy group that advocates um about the dangers of tobacco and vape especially within young students and we try to push more um policy changes and engaging discussions to further decrease especially underage usage of tobacco and vape products. We participate in events such as the Music at the Crossroads and Pridefest. There's a lot of stuff we do in the community, but our main goal is really to help prevent tobacco and drug use in youth since it's especially prevalent in our schools on like a level that we see ourselves in person. We are umbrellaed under drugfree VO County in Casey which our main organization would be under CADKA and we have participated in the great American smokeout turkey run and we've also done multiple drug takeback days which align with this with the drug takeback days I personally went to and it was at the Basor's I believe and people would come in and they would bring in drugs that they had from medicine or prescription that they had other no other means to really get rid

of that would be safe or they didn't know would be safe to get rid of. So they turned them in and we got rid of them safely. So we participate in um two days or events where we communicate with federal and state representatives, both of which are later in the month. Our first event is at the state level. It will occur on the 26th. It's advocacy day in which voice representatives from all over the state will go to the Indiana State House and communicate with their state representatives and senators. Um this is a big day for pushing for heightened tobacco tax. um all sorts of things that we are trying to push to make Indiana a safer place and decrease the level of smoke in the air. Um, oh, sorry. Uh, later in the month and running into February, there will be a group of us that will go to Washington DC to attend the conference called Katka, where we will learn coalition boosting principles and try to further our uh understanding of what we can do to better the community. And we will also uh go to the capital and talk with our federal representatives um senators and our congressmen uh to get involved. All a student would need to do is go to caseonline.org, find the programs tab, select ileinvoice and fill out an online application. A message will be sent to the student and all they have to do afterwards is just attend a meeting. Questions,

comments or questions from the council? Council President Bon. Yeah. How long has um this program been uh in place in effect? Oh gosh, a long time. um longer than I've been a member, which is Yeah. I was just curious, but I didn't know if it was something that was kind of newer or or something that's been around for a while. Sounds like it's been around for a little while. At least a decade from Do they Well, thank you. Thank you. I counc I mean, is it just a certain grade in high school or We accept um I think 12 year olds to 18 year olds. So, it's it's beginning of middle school through senior year.

That's awesome. Very proud. Nice project. Thank you. Give me a sec. Just like to commend you for your work. Thank you. Yeah. Thank you for sharing that with us. I mean, Council President Debond kind of alluded to so much going on in the community that we aren't aware of. So, uh, anytime that young people come and share this stuff with us, it's things we can share with our constituents and our community to make them more aware. So, thank you. Neat. I didn't know about that.

Okay, let me see where we items on first reading. 46. Special ordinance 46, 2025. Reszoning a property located 1414 1426 and 1428 South 10th Street. Area planning gave a favorable with conditions recommendation. You must vote to take action. Petitioner.

Hi, my name is Amy Travioli. This is my husband

Laren Travioli. Um, and we've been on a journey trying to open a child learning care center. Um, we found the facility on 1414. Um, the Apostolic Faith Tabernacle were moving out and we saw the opportunity to go in there and maybe turn it right back up, you know, again, and try to make something beautiful out of it. Um, and in order to do that, we were unaware at the time when they were running children out of it that they were running it as a ministry zoning. So, unfortunately, registering with the FSSA through the state, it has to be commercial for us to run it. Um, and so now that is our our next hurdle we're trying to get over. It will be a childcare learning base and we will take ages um six weeks to six years of age. Um we will be learning through I guess our view for this center is to bring the outdoors in. Um you see so many kids that don't go outside and play you know and you can't always due to weather but we want to bring that outside in. We want the nature we want the sand. We want the dirt. We want the leaves. We want the sticks and we want to learn through you know the playing aspects of it instead of seeing tablets and phones and kids' hands every single day. Thank you. Is there any from the one from the public who would wish wishes to comment on special ordinance 462025 hearing? None. We'll close public comment and open council discussion.

Councor Chlo, it says favorable with conditions. Do you know what those conditions are? It should be in your uh documents. I believe the conditions are they have to file all of their child registry um information with the city of Terote and if there any variances needed

drop off pickup parking plan this is your drop off pickup plan that you just presented that last night they had that to you to the engineering department This is in your district. Yes. Do you have any concerns? I drove by it seems so. Okay. Pretty straightforward.

I Mr. Prit. Um, just real quick on that note, I was at the um, area planning meeting last night and they presented their new drop off pickup and from what I understand they had worked with our engineers office who had told them kind of what they needed to do and so I think the engineering office was okay with it. Um, with that being said, I'd like to make a motion we take action on special ordinance 46 20225. Second. It's been moved by council person Loudermilk, seconded by council personal that we take action on special ordinance 462025. All those in favor, please say I. I. Opposed.

Okay. We may take action on special ordinance 462025. Mr. President, Council Person Loudermilk. I'd make a motion that we approve special ordinance 462025. Second. It's been moved by Council Person Loudermilk, seconded by Council Person Chaos, that we approve special ordinance 462025. All those in favor say I. I. Post say nay. The motion passes. Special ordinance 4620, 2022 is adopted. Thank you. Next item of business, please, Michelle. Special Ordinance 472025, reszoning a property located at 1801 Boston Avenue. Area planning gave a favorable recommendation. You must also vote to take action. Petitioner.

Good evening, Mr. President. Congratulations on your appointment. Fellow members of the council, my name is Richard Shagglin. I'm with the law firm of Right, Shaggling Lowry. And tonight, it's my honor to be here in front of you on behalf of Southern Homes LLC. They are the property owners located 1801 Boston Avenue. Um, as you may be aware, this is the former Terrytown baseball location. Um, as you may also be aware, um, baseball has been happening there for several years and the property went into foreclosure and that is how the property was acquired by Southern Homes LLC. It was a public sale by foreclosure. Uh, as you may be also aware, Southern Homes LLC is a local developer and is currently building uh just completed 17 homes uh what's known as uh Southern Acres um

uh West and is then the next step is Southern Acres East, which is going to be uh 56 homes. Uh, as you may recall, I was here about a year ago reszoning that property for single family homes and for uh multifamily there towards the end uh by the the former uh the former building that's there. Uh Southern Homes is is in the process of of building homes. They've been part of the Thrive project. They've done in lots. They've done terraist to Glenn Homes. They're building a a whole range of homes um in our community. probably um if you look at the records, they're building more homes than anybody else uh in our community. Um Southern Homes has I I believe this is in your pack. I think this is if I could just step a little closer. Um here's Boston Avenue. U school here and a church here. Um the plan, as you can see, is there's 88 lots. Uh how four of those lots are going to become a city park. We spoke to the mayor uh with the help of council personville. She helped get us all together and discuss um the use of this property. One of the discussions at the end uh that came out that was there needs to be a park in this in this facility. Uh the developer has determined that these four lots would be uh the best location for that park. Then that would allow 84 homes. the the what what I what I um what I found u I found out this morning that the no trespassing signs are easily passable on the property and I drove my car all through the property this morning and I

knew it was a nice piece of property but this morning I saw the developer vision and this is going to be a phenomenal addition to our community. These homes, he's building similar homes at Southern Acres. Here's here's kind of some some pictures of those. But what I what I really like about the the possibilities are, you know, these are these are going to be affordable homes and I envision a lot of uh younger families because the beauty is um you've got a phen you got a great elementary school in walking distance and there'll be access uh right here. So you'll be able to walk your kids to school on your way back. stop the park. If we're lucky, an ice cream truck will float. But this is I'm I'm excited about this project. Uh I think this is going to be a great thing for our community. Uh and I'm uh proud to be here for Southern Homes LLC, who is uh continuing to invest in our community. I'd be happy to answer any questions you may have. Is there anyone from the public who wishes to comment on special ordinance 472025?

Um, I should say, Mr. President, there were two very nice ladies who came to the area plan meeting last night. Um, I should say this the staff gave a federal recommendation, area plan commission gave a federal recommendation. The the the two ladies uh one of the main topics they brought up was location of the park. Uh but one great thing about one of the ladies is at the end of her she said but I am for this project. Uh so I think um it was a little rocky at the start. Uh a lot of people thought something shady went on and how the property was acquired. Uh and I I felt like they acted like Southern Homes kicked all the baseball players off and then once the build I mean they've been gone unfortunately for for several years for whatever reason. But last night, the only real opposition we had was just some discussion and concerns about maybe where the park location is. Um and and there's been other and I think there'll be probably be some discussions in the future about that location. Um one of the representatives from Southern Homes has met with some of the um uh more concerned citizens in the area and they've discussed different options and and I I I anticipate those uh discussions going forward. Anybody else from the public that wishes to comment? Okay, that we will close public comment and open council discussion.

Council person Chaos. Uh, a couple things. Uh, Richard, one, thank your client for coming on board and help us expand the tax base because we know how important that is to grow the city and Yeah. especially in these challenging economic times. Yeah. Um, number two, I've had some opportunity to go to some of the open houses uh with Council Laddermuk, which was in her district. One of the things I did notice about these homes, I've been in several newer homes, but these are solid. I mean, I've been through some of the newer homes where you're walking and jumping and you can feel it's like a trampoline. Yeah. But these were very solid homes, nice homes, and affordable. Yeah.

Which I think is fantastic. the the 17 that he's completed at Southern Acres West, um a handful of them were sold before they were completed. Yeah. Because there's excitement about the affordability of a brand new home, an area that's great to live in. Well, I don't think we've seen anything like this since the old er construction days back when, you know, when we had the big boom. So, it's nice to see. Um the tax increase is going to be incredible. What's the right now? What's the nearest park? Well, if the gates are unlocked, there's playground equipment at the school. Okay. Okay. But I've been told that it's

iffy on whether or not the locks are uh if it's accessible. So, my point is is I I don't really know that I have that big of a trouble where the location is. Yeah. Because right now there is not really a park in that area. So, we're providing a park or he is, not me or us, but he's providing a park that is walkable. Well, and what's also nice about is there's going to be brand new sidewalks in this neighborhood, right?

So, it creates a safe environment to get to the park and then the hope is it'll spur I mean, Terry Town would be a perfect uh redevelopment area for sidewalks, curb, streets, storm water, everything. Yeah. Uh I don't know if that's in the is that next year you doing all that or what what year is that Marcus?

Yeah. But I mean it's it's right for and I think with all this development in that area and the the increased tax dollars as you mentioned uh and with all the new people moving into it. I think it's it's right for that especially with a great elementary school. Uh and speaking of Marcus I want to thank Marcus and his team for his help uh through this project. uh as well as council person Loudermilk who was uh gracious enough to help set up me with the mayor and get some of these talking points. Absolutely. Well, thank him and thank you Councilman Lmok for all your work you've done on that too. So, I I yield person.

Council person Henry. Yeah, it may not be a question for you, but for us, did we get that ordinance fixed where the um subdivision will be completed with sidewalks and streets so that it can be turned over to the city when it's done? Do we get that done? I don't believe we have anything in place on in city code. These will be turned over. I can assure you that

they have to build to specs. We have not completed anything yet. We do have some ordinances in place that require bonding um which we will be monitoring that would ultimately require it. Um we're exploring options on ways to speed that up. Um it's a little more complicated than solution than because we don't want to make a situation where people don't want to develop or don't want to make improvements in the city. Uh so we're it's something we discuss pretty regularly and we're trying to come up with some solutions that make sense. Um right now we're working towards some technology to help with that too to help track a subdivision from this point all the way through completion and and to carry that on into the future and keep that information. So we'll have a trail and hopefully along with that as we learn an ordinance is going to come that that kind of puts some timelines on that. So, are we putting in infrastructure first and then the city doing the infrastructure and then the

um I'm not super familiar with this one, but in a in a typical subdivision, um you'll have two routes to go when you go to area planning with a subdivision. You'll be able to go to a primary plat where you go put all your infrastructure in and then wait for your secondary to build houses. um that would guarantee that everything's in, but also it's kind of tough on developers to continue to carry that load because it's it's very expensive to install the infrastructure um for homes. The the the typical method is they go for primary and secondary at one time, but require the issuance of a bond um to cover the cost of that infrastructure. Um, that's what we would be looking to kind of tighten up a little bit and and I think having a better tracking system would help a lot more with that. Um, because they're not going to be short-term projects. I mean, we can't expect someone to build a subdivision in one or two or three years and be totally out of there and totally done. We're talking about 84 homes and millions of dollars worth of infrastructure here in this case. Um, and we're trying to build a more continuous information cycle at least. Um, I think a lot of the problems we see with subdiv those other subdivisions from the past is turnover. Um, you know, somebody may know everything that's going on and then all of a sudden you have new people and and people are lost.

I I yield. I don't know if I answered your question. So, no. Council person Nation. Um to follow up on Council Person Hinton's uh point, Marcus, are you confident that the city will be able to take over the the infrastructure that's being built as part of this subdivision eventually? Yes. And can you elaborate a little bit on why you think that that will happen? Um with any subdivision except for yours, I apologize. yours we dug back into and found a bond was was was waved way too early uh a long time ago.

Um but any subdivision going in these days would typically take that second route where they're going to submit a bond for cost of infrastructure. Um, having that tracking system in place and check boxes that require to be met before we could even consider waving those bonds would guarantee that there's this much money sitting there if you know in the event a developer wouldn't finish that's going to be sitting there ready to go. Okay. I I you understand I'm sure Marcus from our previous conversations what we're really trying to get to the bottom of. We're just trying to

we're seeking assurance that and it doesn't have anything to do with this particular developer or this particular development, but we're seeking assurance that um there are systems in place that are going to catch uh the infrastructure so that the city doesn't end up saying, "Oh, well, you didn't build the sidewalks wide enough or you didn't build the curbs in the right way or the street wide enough or whatever that might lead to the develop to the infrastructure that's being installed not being assumed by the city because we've had, you know, a number of people, citizens come to us uh in the last year or two um and make the case that, hey, look, you know, this our subdivision never got done. Uh the the uh the infrastructure is inadequate and what are you going to do about it, city? And in at least two or three cases, it sounds like there's really not a great answer to that.

Have two that we're pursuing. Um, it's tough. I I 100% agree with you. We need to have means and methods in place. Um, overall, I think the rules we have are good, but it would be nice to have a deadline in there somewhere, which we don't have uh ordinance for, but it's it's hard to figure out what that deadline is. So, that's that's kind of what we're what we're struggling with. Um, the tracking system is going to be a big help because it's it's not going to let anyone come in and and uh wave any rights of bonds or credit checks or anything like that until it'll be a very obvious move if somebody does that, I guess, is what I'm saying. So, we'll have our checks and balances in place so that things that happened in the past won't won't recur.

That's that's great. That's a great answer. Thank you, Marcus. That's what I was see that's the assurance that I was seeking. Um Richard, I've got uh one other thing. Um so I'm looking at special ordinance 47 and uh the um offer to um to install a potential city park uh a future city park. Um, I see that language in the petition to reszone the real property. Um, but I don't see it in the ordinance. Uh, which as I understand it, that's the, uh, I guess the question is, is the fact that it's in the petition a durable representation? Is it does that mean it's going to happen? I have no reason to believe it wouldn't happen,

but it's not that's not really my question. Well, I mean, I I don't I apologize. It's I've got the my file with me. I I don't I apologize. I don't recall if it's it's in the ordinance or not. The uh developer has made assurances to the mayor uh that this is going to happen and the mayor has made assurance that he's going to help make it happen. Um both parties want it to happen. Good. So,

uh, and and I think you probably understand from dealing with me for years that I'm just seeking some kind of, um, something beyond, um, potential. Uh, and I see in the um, you know, on the map your representation is it's going to be these four lots, but I'm also hearing language that, you know, it might not be those four lots or it might move. And I guess what I'm really asking is is there a you know what kind of asurances do we have similar to the the infrastructure question uh that you know there is going to be a park of a certain size uh because I don't think I see language in it in in the paperwork that really lays that out. Um well, the assurance is that th this this developer um is this isn't his first project to our community and it won't be his last project to our community. Of course, I'm not trying to cast dispersions on

and and um um this isn't the first time he's worked with city hall and won't be the last time to work with city hall. And it's been my uh experience that when you tell somebody and agree to do something and you don't do it, it doesn't go well for the next project. And Mr. Southern who's the owner of Southern Homes LLC has wants to continue to develop uh in our community and I don't anticipate him doing anything to interfere with that development and council person nation I have never never is probably too much I've never not well I'll say it again I've never notice that extra scrutiny when I'm standing up here from you so uh as you make reference to

okay um all All right, I'll I'll yield. Thanks, Council Person.

I I kind of go along with what Councilman Nation said. Is there a way that that can be somehow added to the ordinance that something can be put in there to state that so many lots will be designated? I mean, I don't have to say exactly where, but so many lots will be designated as a city park. uh in discussions with city legal uh we'll do uh some type ofou to secure the the park and the um and the the size of it. So, we'll get that in writing with the city um to asssure that it happens.

I council person I'm not an attorney. There's plenty of them here. I would just say in a reasonzoning document to put the requirement for a park, the enforcement would be hard because you would have to officially resend the reszoning. So, I'm not sure a reasonzoning document would be the best place for that. Maybe what they're talking about be Yeah. Okay. But I from every discussion I've had regarding the park and this project, um, everybody wants the park. So, as long as the city fulfills its what it's said it was going to do, there's going to be a park there. Okay. Thanks.

Thank you, Counc. So, just to follow up on Michelle's good advice, uh it sounds like anou separate from the resoning document between the city and the developer would give both parties the assurance that they need that this is going to happen and how big it's going to be.

Well, because what's what's tough for the developer is um it's not uh its intention to pay for the park. So, if the city were to change its mind and not want to fund the park, I would hate for the developer to be on the hook for the park uh when it was the city's I don't I don't want to stand up here and um you know speak for Brandon, but what I can say is that he was fully aware of everything that we're discussing here and was on board with everything that Richard has represented. for the project. So I mean to that extent I can say that you know Brandon is aware and was fully intending to follow through on the representations that he had made regarding the park. So I don't believe there'll be any problem delineating that in a written document.

Yeah. Great. Thank you Michael. Um I yield again. Thanks Council President Letterman. Um, as Mr. Shaggley stated, and probably been involved in this one more than any zoning that we I've dealt with in my district. Um, first I want to thank Oh, yeah. Mr. Southern um for

for standing up and and working with us. It it wasn't we've we've had some um many discussions and he took a lot of heat. Um, and so I do uh really appreciate him standing up and working with us and developing up in Terry Town. I have told him that there's no more land in Terry Town for him to get. Every lot will be full. Um, and he did meet with the mayor and myself. He agreed to that. Um, discussed the park with us because that was a big discussion. Um, I do appreciate theou. Um, if we do that and and I will say I like Richard though, if something would fall through, I don't expect him to do it. If he if he does some type of park, then that liability is on him. Then it's not an open he doesn't have to make it an open public park. Um, but the mayor has assured me, we've made had lots of discussions um on that. So, I wanted to make sure that Mr. Southern knew. I do appreciate everything he's done. He and I have had some discussions and we've I I hope to still meet with him. Um maybe on the location, but I think that he will honor everything that that he's that he's stated that he's done. And um I just wanted to say I appreciate him working with us. Um this has been a tough one. The neighbors are used to it being green space, used to it being an a baseball park. Unfortunately, um it it wasn't his fault. It wasn't anyone else's fault, but what happened with the league and you know a lot of people don't like change. So I think the best use of this though is because it's industrial

right now too. We could um you do crazy stuff and I have no doubt that if he would not get the reasonzoning that he'd have he would sell it and we might end up with some industrial and I'm not sure that that's the best location for the neighborhood um for that type of project. So, I just wanted to say um with that that I'm very supportive. If there's no other discussion, just anybody else having discussion, I'd make a motion that we take action on special ordinance 47205. Second. It's been moved by council person Loudermilk, seconded by Council Person Chos that we take action on special ordinance 47205. All in favor say I. I. Oppose say nay.

Okay. We may take action on special ordinance 472025. Mr. President Council Person Loudermilk. I'd like to make a motion that we approve special ordinance 472025. Second. It's been moved by Council Person Loudermilk, seconded by Council Person Chaos, that we approve special ordinance 472025. All in favor say I. I. Post say nay. Motion carries. Special Ordinance 472025 is adopted. Thank you very much. Uh, in full disclosure, I asked these young people to do their best to withhold their clapping when I got done. It appears that they knew they couldn't, so they must have left to avoid the

So, I can only assume that's what happened. So, thank you very much and happy new year. Next item. Walked up and left. Resolution one, 2026, authorizing the submission of the 2026 annual consolidated plan. I request been submitted to table this until February 5th. Entertain a motion. Move to table. Second. It's been moved by council person nation and seconded by council person and that we table resolution 1 2026 until February 5th. All those in favor say I. I. Oppose. Nay.

Resolution 1226 is tabled until February 5th. Next, uh we will vote on uh external appointments to boards and commissions next week. Mr. President, if we could have a motion. We have a resignation from a position on the human relations commission. And if we could have a motion and second to open uh the application pro uh process and then a list a closing date and also um that US president will request I post it on the website and in the newspaper as well. Council person Don I'll make the motion.

Second. It's been moved by council person Bon, seconded by council personal that we open applications for appointment to the human relations commission. Applications will close January 30th. Is that everybody? Yeah. Okay, fine. All those in favor say I. I. Opposed. Okay. We will open that application and Michelle, would you please post those on the website and in the newspaper? Uh before we adjourn, I would like to uh offer council person Nation a small token of our appreciation for his leadership in 2025.

Thank you very much everybody. I appreciate your Thank you, Mr. President. There wasn't a gift certificate Saratoga should have been. so I could treat all of you. There you go. Believe me, it's not going to be that big. Thanks for your leadership, Todd. That was my fifth time as president of the terror city. You need like the five timers jacket on SNL. Are we done? Anything else? So, I love it. Okay. Move to adjourn. Second. It's been moved by council person Azar, seconded by council person Ladimmit that we adjourn. All those in favor say I. Oppos? Nay. Terra city council stands adjourn. Thank you.

Thank you. Thanks. It was a good year last year. Yeah. Good job. Thank you very much.