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City of BedfordCity Council Regular Meeting/Public Hearing September 21st, 20207:00 P.M.Minutes Public Hearing at 7:00 P.M. at City Concourse-Introduction of Budget for the Year 2021-Mayor Samuel J. Craig, Marsha Pfeiffer, Greg PittmanCity of Bedford2020-2021Budget Comparison InformationCity Department Budgets Approved 2020 Proposed 2021ComparisonMayor 101001 $ 181,915 $117,530 $ (64,385)Approx. 4% increase in wages for 27th pay, $65,000 moved to AdminClerk-Treasurer 101002 $ 261,874 $266,601 $ 4,727 Approx. 4% increase in wage expenses for 27th pay, decreases made totaling $1,700Administration 101003 $ 2,275,713 $2,338,601 $ 62,888 Approx. 4% increase in wage expenses for 27th pay, $65,000 increase from Mayor Budget, 16% decrease in Medical Insurance due to changes City Council 101004 $ 46,902 $46,902 $ - No changesLaw Department 101005 $ 65,996 $66,001 $ 5 Approx. 4% increase in wage expenses for 27th pay, 50% decrease in Other Services & ChargesPlanning 101006 $ 354,758 $330,855 $ (23,903) Approx. 4% increase in wage expenses for 27th pay, Decrease in Personnel lines due to payouts in 2020 to outgoing personnel & other decreases in 200 & 300 lines Fire Department 101007 $ 3,362,138 $3,195,449 $ (166,689)Approx. 4% increase in wage expenses for 27th pay, decrease of $246,000 in machinery for Fire Truck purchased in 2020, $20,000 increase in overtime payout.Police Department 101008 $ 3,720,080 $3,744,374 $ 24,294 Approx. 4% increase in wage expenses for 27th pay, decreases made totaling approx. $50,000Transportation/TASC 101010$759,467$764,004 $ 4,537 Approx. 4% increase in wage expenses for 27th pay, decrease to Mach/Equip of $10,000Economic Development 101011 $ 25,000 $25,000 $ - No changes General 101 Total $ 11,053,843.00 ? $ 10,895,317 ?(158,526.00)LOIT - Fire Department 103007 $ 342,223 $ 354,534 $ 12,311 LOIT - Police Department 103008 $ 437,403 $ 451,977 $ 14,574 Approx. 4% increase in wage expenses for 27th pay. 4 Salaries in Fire, 5 Salaries in PoliceLOIT 103 TOTAL $ 779,626.00 ? $ 806,511.00 ? $ 26,885.00 Motor Vehicle Highway 201001 $ 2,175,537 $ 2,143,808 $ (31,729)Approx. 4% increase in wage expenses for 27th pay, Decrease in Medical Insurance, Decrease of $50,000 in Improvements Other than Bldgs.Local Roads & Streets 202001 $ 120,000 $ 120,000 $ - No change ??????Park/Park 204001 $ 1,525,490 $ 1,313,569 $ (211,921)Approx. 4% increase in wage expenses for 27th pay, Decreases made of approx. $300,000 for Capital expenses: Dump Truck and replacement of 2 additional vehiclesPark/Otis 204002 $ 783,483 $ 717,426 $ (66,057)Approx. 4% increase in wage expenses for 27th pay, Approx. $97,000 decrease for Capital projects/expenses completed in 2020. New building at Otis ParkPark/Cemetery 204003 $ 65,708 $ 67,325 $ 1,617 PARK 204 TOTAL $ 2,374,681 ?2,098,320?(276,361)Law Enforcement Continuing Education 233 $ 29,000.00 $ 29,000.00 $ - No Change Parks Non-Reverting 270 $ 72,500 $ 77,150 $ 4,650 Increase for Special events: Park's Department is hosting the Disc Golf Tournament N/R Golf Carts 271 $ 49,093 $ 51,000 $ 1,907 Principal/Interest due on Golf Cart LeaseOtis Park Trust Fund 272 $ 12,000 $ 12,000 $ - No Change N/R Otis Park 273 $ 56,016 $ 56,017 $ 1 Principal/Interest on Mowing Equipment 5 yr. Lease, started in 2018 N/R John Lowery Pool 274 $ 24,000 $ 26,500 $ 2,500 Increase for instructors for CPR/Lifeguard and supplies for classes the goal is to have the Pool Manager certified Cumulative Capital Imp. 401 $ 120,000 $ 120,000 $ - No change, can be used for Improvements to Municipal bldgs.Cumulative Capital Development 402 $ 300,000 $ 300,000 $ - No change, can be used for purchase of bldgs.TIF Bond Princ/Interest 406 $ 578,000.00 $ 634,688.00 $ 56,688 2 payments for 2015 Bond (Final Payment in Jan 2023) 2 payments for 2017 Bond (Final payment Feb 2037) and Annual Debt Service for Wastewater Project: $116,000 Electronic Map 238 $ 1,000.00 $ - $ (1,000.00)Fire Pension 801001 $ 576,713 $ 553,741 $ (22,972)Police Pension 802001 $ 501,499 $ 507,976 $ 6,477 Decreases/Increases due to change in benefits because of death or dependents. ? ? TOTAL $ 18,823,508 ? $ 18,432,028 ? $ (391,480)Marsha Pfeiffer said because of the impact COVID-19 could have on the economy the city was not considering raises for the 2021 budget year and have directed all departments to make cuts wherever possible. The city is anticipating shortfalls in revenue such as Local Income Tax (LIT). The 2022 budget year may be impacted with substantial revenue loss in LIT for Public Safety. Since the only revenue source in the Public Safety fund is from LIT, there is a concern some of the salaries in LIT may need to be moved to the General budget.Pfeiffer said even with the approximately 4% increase in wages because of 27 pays in 2021 the overall budget has decreased from 2020 by $391,480.Mayor Craig said the city hopes to have a better picture of the potential revenue loss next year at budget time.Dan Bortner expressed his concern for attracting and retaining employees in public safety and would like to see the city do a salary study.With there being no further discussion, the Public Hearing was closed.Public Hearing at 7:10 PM-Consideration of Petition to Vacate Street-Filed by the Estate of James F. McIntyre, Personal Representative Terry L. McIntyre-Street Runs East and West Along a Portion of the Platted, but Undeveloped, Portion of 34th Street in the Washington Park Addition, West Portion-David Smith (Attorney, McIntyre & Smith)David Smith said a portion of 34th Street was platted but was never developed and it runs through the property owned by the petitioner, Terry McIntyre.The only adjoining property owners whose land may be affected by the vacation are as follows:Brian and Karen Wade-1943 34th StreetAmanda Hutchinson 34th Street (mailing address is 3514 Abel Avenue)Terry McIntyre desires the vacation of the street to obtain clear and marketable title to the real property and improvements located there.During the hearing Brian and Karen Wade said they had no objection to the vacation of the street.With there being no further discussion, the Public Hearing was closed.Prayer: Penny MayPledge of Allegiance: Dan BortnerCall to Order: Mayor Samuel J. CraigThe Common Council of the City of Bedford, Indiana met for a Public Hearing and Regular City Council Meeting on Monday September 21st, 2020, at 7:00 P M at City Concourse. Honorable Mayor Samuel J. Craig presided and called the meeting to order. Members in attendance:Judy Carlisle Penny May Dan Bortner Ryan Griffith Angel Hawkins Brad Bough Larry HardmanMembers absent:No members were absent Reading of Minutes- August 17th, 2020 – Regular MeetingDan Bortner made the motion to approve the minutes,Ryan Griffith seconded the motion,All votes were in favor of the motion. No One Opposed, PassedOld Business:Third and Final Passage-Ordinance 12-2020- Noise Control Ordinance as Amended-Mayor Samuel J. Craig, Brandon WoodwardORDINANCE NO. 12 -2020 NOISE CONTROL ORDINANCEWHEREAS, noise above certain levels is detrimental to the health, welfare, safety, comfort, and repose of the citizens of the City of Bedford and it is in the best interest of the public that noise levels be systematically regulated and proscribed by the City; and WHEREAS it is declared to be the public policy of the City of Bedford to prohibit unreasonable, unnecessary, excessive and offensive noise subject to its police power; and NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Bedford as follows:1.Definitions.a."Baffle" means a device to deflect, check or regulate the flow or passage of sound.b."Emergency work" means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.c."Motor vehicles" means and includes all self-propelled vehicles as defined by Indiana Code 9-13-2-l0S(a).d."Muffler" means any device used upon a motor vehicle whose purpose is the deadening of combustion noises of any engine thereon, or the deadening of any other motor noises, including but not limited to the noise of exhaust gases, or any other mechanical device for the deadening of the noise and intake gases upon a motor vehicle.e."Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.f."Pneumatic hammers," means pneumatic hammers that are driven by compressors with greater than ten horsepower or that use a hose with a diameter greater than three-eighths of an inch.g."Premises" means a place in which a person has right of legal, private occupancy.2.Noises prohibited.a.Unreasonable noise shall mean sound that is of a volume, frequency, or pattern that prevents, disrupts, injures, or endangers the health, safety, welfare, prosperity, comfort or repose of reasonable persons of ordinary sensitivities within the City of Bedford, given the time of day or environment in which the sound is made.b.Except as otherwise provided, it shall be unlawful for any person to cause or make any unreasonable noise or to allow any unreasonable noise to be caused or made in or on any real or personal property occupied or controlled by that person.c.In addition to the foregoing, the following acts are violations:1.It shall be a violation to operate a motor vehicle with an internal combustion, stean1 or air motor unless the motor vehicle is equipped with a suitable and efficient muffler or baffle. A muffler or baffle shall be considered suitable and efficient when the vehicle does not create unreasonable noise. No person while on a public or private highway, street or road shall operate a motor vehicle with the muffler or baffle cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of anymotor vehicle while in position for driving or by a passenger of any motor vehicle.ii.It shall be a violation for any person to use or operate compression release engine brakes (also commonly known as ''.jake brakes" or other slang term) as the primary braking system of a motor vehicle within the municipal boundaries of the City of Bedford.iii.Except as used for warning purposes, it shall be a violation for any person to use, operate or sound any horn or signaling device or any motor vehicle in any public street or public place in the city for any unreasonable period of time.iv.It shall be a violation to play, use, or operate or allow to be played, used, or operated in any motor vehicle any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing or reproducing sound at a volume that is louder than necessary for the convenient hearing of persons who are inside the vehicle within which such device is played, used or operated between the hours of eleven p.m. and eight a.m. Sound that is clearly audible thirty feet or more from the vehicle is prima facie evidence of a violation of this section.v.It shall be a violation to play, use, operate or allow to be played, used, or operated any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing or reproducing sound in such a manner that the sound produced persists continuously or intermittently for a period of at least fifteen minutes and can be heard outside the immediate premises from the location of the emitter by a person with normal hearing. Sound that is clearly audible to a person with normal hearing from any place other than the premises from which the source of the sound is located, when the sound occurs between the hours of elevenp.m. and eight a.m. are prima facie evidence of a violation of this section.. Exemptions.a.Non-amplified crowd noises resulting from legal activities, between the hours of eleven p.m. and eight a.m.b.Construction operations for which building permits have been issued or construction operations for which a permit is not required shall be exempt from the noise control ordinance under the following conditions and with the following exceptions:i.Such operations that occur after six a.m. and before ten p.m. However, in recognition of the work necessary to prepare and close a site each day, motor vehicles transporting heavy construction equipment or construction materials to and from construction sites at those times shall be exempt from the time restrictions set forth above;ii.Because of the loud and unusual sounds, and the ground vibrations associated with pile drivers, steam shovels, pneumatic hammers, and steam or diesel gasoline hoists, the operation of this equipment shall be exempt but only when it occurs between the hours of six a.m. and ten p.m.;iii.To be exempt, all equipment used in such operations shall be operated with the manufacturer's mufflers and noise reducing equipment in use and in proper operating condition.c.Noises of safety signals, warning devices, and emergency pressure relief valves.d.Noises resulting from any authorized emergency, fire or police vehicle when responding to an emergency call, acting in time of emergency or in connection with official police or fire department business.Noises resulting from emergency work.? Noises made by churches using bells as part of their religious observance.g.Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control and instructions and pursuant to and within the duly adopted federal air regulations. Any aircraft operating under technical difficulties in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations is also exempt.h.Noises resulting from burglar alarms and other warning devices when properly installed, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of timei.Noises resulting from rubbish collection utilizing any mechanical equipment;Noises associated with equipment or animals lawfully utilized by persons withdisabilities to accommodate their disability.k.Noises associated with legal consumer fireworks used during the times Indiana Code prohibits regulation by municipalities, which are as follows:1. Between the hours of five p.m. until two hours after sunset on June 29th to July 3rd.ii.Between the hours often 10 a.m. to midnight on July 4th.iii.Between the hours of five p.m. until two hours after sunset on July 5th to July 9th· and, iv. Between the hours ten a.m. on December 31st. to one a.m. on January 1st.Any other noise resulting from activities of a temporary duration permitted by lawand for which a permit has been granted by the City of Bedford as set forth below. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit.4.Permitsa.The Chief of Police for the City of Bedford, or his designated agent, may grant a temporary permit authorizing an activity within the City that would otherwise violate this ordinance. A person requesting a permit must submit an application on a form proscribed by the City of Bedford and pay a permit fee of twenty-five dollars ($25.00) to the City of Bedford at least fourteen (14) days in advance of the permit taking effect. The Chief of Police, or his designated agent, shall have full discretion to either grant or deny the application. If granted, the Chief of Police, or his designated agent, shall issue a permit and include on the permit a reasonable expiration date and restrictions for the activity.5.Penalties.a.Enforcement and the amount of any penalties for offenses under this section shall be in accordance with the provisions of Bedford City Code§ 32.140(J).Section II. Unless specifically modified herein, all other parts of the Bedford City Code shall remain in full force and effect. Section III. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and upon proper publication in the manner provided by law.Brad Bough made the motion to approve the third and final passage for Ordinance 12-2020,Judy Carlisle seconded the motion,All votes were in favor of the motion, No One Opposed, Ordinance 12-2020, PassedThird and Final Passage-Ordinance 14-2020-Amending 32.140 (Schedule of Penalties) of The Bedford City Code-Brandon Woodward, Greg PittmanAN ORDINANCE AMENDING§ 32.140 (Schedule of Penalties) OF THE BEDFORD CITY CODE WHEREAS there is a need to revise City of Bedford Code § 32.140 (Schedule of Penalties); NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Bedford as follows: Section I. That Bedford City Code§ 32.140(J) shall be and is hereby amended to read as follows:(J)(1) Offenses against property and (offenses against public order (Chapters 130 and 131) shall be a fine as follows:1.First offense: Written warning.Second offense within one (1) year of the first offense: $25 fine; 111.Third offense within one (1) year of the first offense: $50 fine.Fifth offense within one (1) year of the first offense: $100 fine.VI. Sixth offense and thereafter within one (1) year of the first offense: $250 fine.(2) If any violation shall be continuing, each day's violation shall be deemed a separate violation.Section IL That Bedford City Code § 32.140 shall be and is hereby amended to includeas following: (L) All fines collected shall accrue to the General Fund of the City. If fines are not paid within thirty (30) days, the offender is subject to court summons filed in the appropriate court and shall be responsible for all fines, attorney fees, and court costs. Section III. Unless specifically modified herein, all other parts of City Code § 32.140 (Schedule of Penalties) shall remain in full force and effect. Section N. This ordinance shall be in full force and effect from and after its passage, approval by the Mayor and proper publication as required by Indiana law.Ryan Griffith made the motion to approve the third and final passage for Ordinance 14-2020,Penny May seconded the motion,All votes were in favor of the motion, No One Opposed, Ordinance 14-2020, PassedNew Business:Request Consideration of Increase in Donation to Humane Society-Buddy HendricksDebbie Stailey, vice-president of the WRHS is asking the council to consider increasing the current contribution to the shelter. She said COVID-19 has severely impacted the fundraising efforts. Debbie said the shelter receives less than 28% of their total budget from local government sources which includes $30,000 from the City of Bedford, $25,000 from Lawrence County, $8,000 from the City of Mitchell and approximately $1,000 from the town of Oolitic. Debbie stated as part of the financial support the shelter takes in stray animals from animal control and offers adoption services.It costs the shelter between $83 and $124 on the first day a stray cat or dog is left at the shelter. That cost includes vaccinations and spay/neuter fees.Because of COVID-19 the Bone Appetit dinner and auction was held in a virtual manner. The auction only raised around $4,000 whereas in past years the dinner/auction would have brought in around $25,000.Stailey said the shelter has difficulty retaining employees because they can make more money at other jobs.Dan Bortner suggested the city make a one-time contribution of $20,000 this year to help offset the shelter’s lost revenue.Larry Hardman suggested a contribution of $10,000 this year and an additional $10,000 next year.There was no decision made by council and it was agreed to discuss it at a later date. Ordinance 19-2020-Establishing the Salaries of Elected Officials for the Year 2021-Mayor Samuel J. Craig, Marsha PfeifferORDINANCE NO. 19-2020PRIVATE Ordinance Establishing the Salaries ofElected Officials of the City of Bedford,Indiana for the Year 2021 BE IT ORDAINED by the Common Council of the City of Bedford, Indiana: Section 1. That the annual salaries of the Mayor, the ClerkTreasurer and each member of the Common Council of the City of Bedford, Indiana, payable from the General Fund of said City, are hereby fixed and shall be in the following amounts indicated below: Annual salary of the Mayor: Bi-Weekly $ 2,156.56 for fiscal year 2021 Annual salary of the ClerkTreasurer: Bi-Weekly $ 1,764.75 for fiscal year 2021 Annual salary of each member of the Common Council: Monthly $ 518.67 for fiscal year 2021 Common Council member appointed to Plan Commission BoardMonthly $ 50.09 for fiscal year 2021 Section 2. That the additional compensation of the elected officials of the City of Bedford who perform services in connection with the operation of the Sewer Department and Sewage Disposal Plant and the Water Works Department of the City of Bedford, as previously fixed by the Board of Works and Safety of the City of Bedford and approved by the Mayor of the City of Bedford, to be paid from the funds of said utilities and functions, respectively, are hereby approved as follows:SEWER DEPARTMENT & SEWAGE DISPOSAL PLANTMayor$251.64 BI-WEEKLYClerk-Treasurer…...$267.09 BI-WEEKLYWATER WORKS DEPARTMENTMayor$251.64 BI-WEEKLYClerk-Treasurer...$267.09 BI-WEEKLYLarry Hardman made the motion to approve the first passage for Ordinance 19-2020,Dan Bortner seconded the motion,Penny May made the motion to approve the second passage,Brad Bough seconded the motion,The third and final passage of Ordinance 19-2020 will be presented at the next council meeting on October 19th, 2020Ordinance 20-2020-Approving Base Salaries for Police, Firefighters, Appointive Officials and Employees and Approval Additional Compensation of Elected and Appointed Officials for the Year 2021-Marsha PfeifferMarsha Pfeiffer stated the following changes were made to the Salary Ordinance:Section 9-$700 of clothing allowance for Fire and Police has been moved to Longevity which reduces the clothing allowance to $200 a year (State requirement). In year 2 and 3 the clothing allowance will remain at $900 and reduce to $200 in year 4 when longevity starts.Section 13- Longevity changes starting in year 4 through 20Section 14- Fire and Police will have the option to paid overtime or earn compensation time for any hours worked beyond the regular scheduled hours. Once the line for overtime has been depleted all hours worked beyond regular scheduled hours will be earned as compensatory time. SECTION 9. That all Firefighters and Police Officers shall receive an annual clothing allowance not to exceed $900.00 during year's 2 & 3 of service. Beginning in year 4 of service said clothing allowance shall be reduced to the State minimum requirement of $200.00 and the remaining clothing allowance of $700.00 will be added to Longevity pay which will begin in year 4 of service & thereafter. Said Clothing Allowance shall be paid twice a year, once in June and once in December and shall be subject to all payroll withholding except receipts applied to the accountable plan. SECTION 13. a) That each Firefighter and Police Officer employed by the City of Bedford shall be eligible for and shall receiveadditional Length of Service compensation based upon the consecutive number of years of service by each of them. The following schedule shall be used to determine the amount of said Length of Service Compensation Payment:Beginning 4th year…………………………….. ……………………………. $ 61.61 Bi-WeeklyBeginning 5th year……………………………..……………………………. $ 65.07 Bi-WeeklyBeginning 6th year……………………………..……………………………. $ 68.53 Bi-WeeklyBeginning 7th year……………………………..……………………………. $ 72.00 Bi-WeeklyBeginning 8th year…………………………….. ……………………………. $ 75.46 Bi-WeeklyBeginning 9th year……………………………..……………………………. $ 78.92 Bi-WeeklyBeginning 10th year……………………………..……………………………. $ 82.38 Bi-WeeklyBeginning 11th year……………………………..……………………………. $ 85.84 Bi-WeeklyBeginning 12th year……………………………..……………………………. $ 89.30 Bi-WeeklyBeginning 13th year……………………………..……………………………. $ 92.76 Bi-WeeklyBeginning 14th year……………………………..……………………………. $ 96.23 Bi-WeeklyBeginning 15th year……………………………..……………………………. $ 99.69 Bi-WeeklyBeginning 16th year……………………………..……………………………. $ 103.15 Bi-WeeklyBeginning 17th year……………………………..……………………………. $ 106.61 Bi-WeeklyBeginning 18th year…………………………….……………………………. $ 110.07 Bi-WeeklyBeginning 19th year……………………………..……………………………. $ 113.53 Bi-WeeklyBeginning 20th year……………………………..……………………………. $ 117.00 Bi-Weekly SECTION 14. Additional compensation shall be allowed to police department personnel for performing patrol duties, such as Operation Pullover and narcotic strike forces, which are in addition to their regular patrol duties. It is furthered allowed for all Police Officers/Firefighters to have the option to be paid overtime or earn compensation time for any hours worked beyond the regular scheduled hours. Once the line item for Overtime has been depleted all hours worked beyond the regular scheduled hours will be earned as compensatory time off.Judy Carlisle made the motion to approve the first passage for Ordinance 20-2020,Ryan Griffith seconded the motion,Larry Hardman made the motion to approve the second passage,Penny May seconded the motion,The third and final passage of Ordinance 20-2020 will be presented at the next council meeting on October 19th, 2020Ordinance 21-2020-Vacating of Street-Street Runs East and West along a portion of the Platted, But Undeveloped, Portion of 34th Street in the Washington Park Addition, West Portion-David SmithORDINANCE NO. -----21-2020 AN ORDINANCE VACATING A STREET IN THE CITY OF BEDFORD, INDIANA WHEREAS, the Estate of James F. McIntyre, deceased, by Terry L. McIntyre, Personal Representative, has filed with the Common Council of the City of Bedford, Indiana, its Petition to Vacate Street, which Street is located in Bedford, Lawrence County, Indiana. Said street is located along 34th Street, runs east and west, is bounded on the north side by Lots 15-20 of Block D, and is bounded on the south side by Lots 18-21 of Block D of Washington Park Addition, West Portion, and is more particularly described as follows:East part of 35th Street to be vacated) A part of Washington Park Addition in the City of Bedford, Indiana, described as follows: Beginning at a capped 5/8 inch rebar at the northwest corner of Lot 21 of Block Din Washington Park Addition to Lawrence County, now in the City of Bedford, Indiana; thence N 00°22'13" W 40.00 feet to a capped 5/8 inch: re bar on the south: line of Lot 15 of Block C in said addition; thence along the north: line of platted 35th Street, N 89°37'47" E 155.73 feet to a capped 5/8 inch: rebar and N 78°31'39" E 110.50 feet to a capped 5/8 inch: rebar on the westerly right-of-way of former SR 37 and US Highway 50, now Mitchell Road; thence along said right-of-way (115 feet from centerline), southerly along a curve to the right having a radius of 5614.58 feet for an arc distance of 42.64 feet, the chord of which bears S 08° 48'21" W 42.64 feet to a capped 5/8 inch re bar; thence along the south: line of platted 35th Street, S 78°31'39" W 99.61 feet and S 89°37'47" W 159.62 feet to the beginning. Containing 0.24 acres, more or less. The basis of bearings for this description is the Indiana Coordinate System, West Zone, NAO 83. This description is based on a survey made by Michael D. Arena, PS of the firm of Bledsoe Riggert Cooper James, Inc., doing business at 516 X Street, Bedford, IN 47421, for the Estate of James and Wilma McIntyre, dated September 16, 2020 and having a Job Number of 2-2929.Washington Park Addition, West Portion, is recorded at Plat Book 2, Page 2, on June 11, 1926 in the Office of Recorder of Lawrence County, Indiana.The portion of 34th Street sought to be vacated is undeveloped and unimproved as of September· 10, 2020.James F. McIntyre owns all lots on either side of the above described real property.WHEREAS, the Common Council of the City of Bedford, Indiana now finds that it is in the best interests of the City of Bedford, Indiana, and its residents, to vacate said Street. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Bedford, Indiana: That the following described real estate, which is a portion of 34th Street running east and west and is more particularly described as follows:(East part of 35th Street to be vacated) A part of Washington Park Addition in the City of Bedford, Indiana, described as follows: Beginning at a capped 5/8 inch re bar at the northwest corner of Lot 21 of Block D in Washington Park Addition to Lawrence County, now in the City of Bedford, Indiana; thence N 00°22'13" W 40.00 feet to a capped 5/8 inch rebar on the south line of Lot 15 of Block C in said addition; thence along the north line of platted 35th Street, N 89°37'47" E 155.73 feet to a capped 5/8 inch re bar and N 78°31'39" E 110.50 feet to a capped 5/8 inch re bar on the westerly right-of-way of former SR 37 and US Highway 50, now Mitchell Road; thence along said right-of-way (115 feet from centerline), southerly along a curve to the right having a radius of 5614.58 feet for an arc distance of 42.64 feet, the chord of which bears S 08°48'21" W 42.64 feet to a capped 5/8 inch rebar; thence along the south line of platted 35th Street, S 78°31'39" W 99.61 feet and S 89°37'47" W 159.62 feet to the beginning. Containing 0.24 acres, more or less. The basis of bearings for this description is the Indiana Coordinate System, West Zone, NAD 83. This description is based on a survey made by Michael D. Arena, PS of the firm of Bledsoe Riggert Cooper James, Inc., doing business at 516 X Street, Bedford, IN 47421, for the Estate of James and Wilma McIntyre, dated September 16, 2020 and having a Job Number of 2-2929.Dan Bortner made the motion to approve the first passage for Ordinance 21-2020,Larry Hardman seconded the motion,Ryan Griffith made the motion to approve the second passage,Judy Carlisle seconded the motion,Brad Bough made the motion to suspend the rules and go to the third and final passage,Dan Bortner seconded the motion,Judy Carlisle made the motion for the third and final passage,Brad Bough seconded the motion,All votes were in favor, No One Opposed, Ordinance 21-2020, PassedRequest Approval for Conflict of Interest for John Bertges-Denise HendersonConflict of Interest for John Bertges-Otis Golf Pro: John Bertges, Golf Professional Business.Angel Hawkins made the motion to approve the Conflict of Interest,Penny May seconded the motion,All votes were in favor of the motion, No One Opposed, PassedPresentation of Stonegate Arts & Education Plan-Gene McCracken, Brian BlackwellGene McCracken and Brian Blackwell submitted a five-year plan to the council which includes increasing revenue and decreasing the city’s contribution.Brian said as part of the five-year Plan, Stonegate hopes to receive contributions from the three colleges presently holding classes in Stonegate. A lease agreement with Oakland City University states the city agrees to offer the college free office/class space for 10 years in exchange for the city excepting Stonegate North building (Bedford Development Center). The agreement was signed on July 1, 2014. Oakland City has approximately 80 students currently.Ivy Tech receives a yearly grant from Indiana Department of Education 21st Century Learning Centers Program which provides them with funds to pay Stonegate $54,000 a year. Ivy Tech currently has 164 students enrolled a Stonegate.Vincennes University received the 2019-2020 school year for free to help them get started with classes at Stonegate. Vincennes has around 20 students at Stonegate. There are around 30 students enrolled from General Motors. Vincennes will begin paying rent in October of this year.The current plan has an expanded corporate sponsorship approach. In addition to corporate sponsorships, increased partnerships with economic, workforce development & education and arts organizations will be explored and increased.Brian said they are hoping to obtain more corporate sponsors and non-profits to use the facility. It is used by Lawrence County Economic Growth Council and General Motors.Brian said until COVID hit the facility was being rented frequently and anticipates that income to increase once we are past COVID.Brian said they will also be drawing down on the current cash reserves. The plan would draw down cash reserves by approximately $100,000 by 2025.The Board of Directors has voted to reduce the contribution the city is contributing from $160,000 to $50,000. That is a reduction of $110,000.Dan Bortner stated, he was pleased that the Board had a plan in place and hopes to see continued growth in the future.Dan Bortner made the motion to approve the Stonegate contribution of $50,000 a year,Ryan Griffith seconded the motion,All votes were in favor of the motion, No One Opposed, PassedDiscussionUpdates: Brandon WoodwardOtis Park Red Brick Renovation-Asbestos was found in the building which needed to be removed. Serv-Pro is currently working on the cleanup and was completed on September 16th. The all clear to begin the renovation was given on September 18th. Work should begin on September 28th and will take approximately 4-5 weeks.Stellar Gateways Project-The stone for the Gateways was ordered last year and the design work was completed in April of this year. Installation of the Gateways will be around September 28-29.Stellar Mural Renovation-Times Mail Building-The paint is peeling off the Mural on the eastside due to a water issue on the roof of the Times-Mail building. Once the water issue has been corrected, the renovation of repairing the mural will begin. COVID has caused a hold/delay on the project.DepotBrandon also updated the council on the work that will be starting at the Depot: B & L Sheet Metal will be repairing 2 Dormers that are leaking and should be starting next week.Update from Greg Pittman on Sign OrdinanceGreg said the city has been in violation of the Sign Ordinance because of signs that were posted at locations such as the pool fence. The signs exceed the size that is allowable according to the Ordinance. Greg said the council needs to discuss possible solutions for the issue.AdjournLarry Hardman made the motion to adjourn,Brad Bough seconded the motion,All votes were in favor, No one opposed, Passed, Meeting AdjournedBedford City Council 2020Judy Carlisle, President _________________________Penny May _________________________Ryan Griffith _________________________Angel Hawkins _________________________Dan Bortner _________________________Larry Hardman _________________________Brad Bough _________________________Attest: Marsha PfeifferClerk-Treasurer _____________________________________ ................
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