MINUTES MUNCIE COMMON COUNCIL 300 NORTH HIGH STREET MUNCIE INDIANA. PLEDGE OF ALLEGIANCE: Led by Councilman Bruce F. Wiemer.

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1 MINUTES MUNCIE COMMON COUNCIL 300 NORTH HIGH STREET MUNCIE INDIANA DECEMBER 6, 2004 REGULAR MEETING: 7:30 P.M., CITY HALL AUDITORIUM. PLEDGE OF ALLEGIANCE: Led by Councilman Bruce F. Wiemer. INVOCATION: Given by Rev. Alan Wernacht from Friends Church. ROLL CALL: PRESENT ABSENT Robert S. Marshall David A. Taylor Mary Jo Barton John P. Isenbarger Bruce F. Wiemer Monte M. Murphy Alison Quirk Charles R. Leonard William O. Shroyer APPROVAL OF MINUTES: A motion was made by Taylor and seconded by Isenbarger to approve minutes for November 1, A roll call vote showed 9 yeas and 0 nays. MOTION CARRIED. COMMITTEE REPORTS: Taylor states there is a vacancy on the Beech Grove Cemetery Board. A nomination was made by Taylor and seconded by Isenbarger to appoint Peter Drumm to the board. Drumm is present if there are any questions. A roll call vote showed 9 yeas and 0 nays. MOTION CARRIED. ORDINANCES PREVIOUSLY INTRODUCED: ORD AN ORDINANCE TO AMEND ORDINANCE NO , GENERAL PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF MUNCIE, INDIANA. A motion was made by Taylor and seconded by Shroyer to Adopt. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED.

2 ORD AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF MUNCIE, INDIANA, TITLE VII, CHAPTER 80, SCHEDULE III ALL-WAY STOP INTERSECTIONS CHARLES STREET & WALNUT STREET. A motion was made by Taylor and seconded by Shroyer to Adopt. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED. ORD AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF MUNCIE, INDIANA, TITLE VII, CHAPTER 80, SCHEDULE I ONE-WAY STREETS AND ALLEYS FOR SEYMOUR STREET BETWEEN HIGH STREET AND ELM STREET, TITLE VII, CHAPTER 80, TITLE VII, CHAPTER 80 SCHEDULE II PART II STOP INTERSECTIONS SEYMOUR STREET & JEFFERSON STREET. A motion was made by Taylor and seconded by Isenbarger to Adopt. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED. ORD AN ORDINANCE ANNEING CERTAIN TERRITORY TO THE CITY OF MUNCIE, DELAWARE COUNTY, INDIANA. (STOOPS AUTOMOTIVE). Taylor states due to state statutes this will be continued to the March 7, 2005 meeting. The reason is because they have to be advertised properly in a time frame and that hasn t been done. ORD AN ORDINANCE ANNEING CERTAIN TERRITORY TO THE CITY OF MUNCIE, DELAWARE COUNTY, INDIANA. (I.M.I.). Taylor states due to state statutes this will be continued to the March 7, 2005 meeting because of advertising. A resident stated a month ago they received a certified letter and it said for the annexation the City Council will hold public hearing in order to consider the annexation. She states they live in Lyn-Mar Drive, which is part of the Stoops annexation. She asks if they re going to cancel the January 10 th meeting in preference to the one in March. It was stated no. That is the date of the public hearing. ORD AN ORDINANCE AMENDING ARTICLE OF THE ZONING ORDINANCE OF THE CITY OF MUNCIE TO ESTABLISH DEVELOPMENT STANDARDS ALONG 29 TH STREET AND SOUTH MADISON STREET. A Land & Traffic meeting was held and a favorable recommendation was made. Leonard spoke with Marta Moody and she asked that it be tabled until January 10 th so the Planning Commission can look at it one last time at their January 6 th before they adopt it. A motion was made by Leonard and seconded by Barton to Table. A roll call vote showed 9 yeas and 0 nays. TABLED.

3 NEW ORDINANCES: ORD AN ORDINANCE ESTABLISHING A SPECIAL FUND FOR DONATIONS FOR SIGNAGE FOR MARTIN LUTHER KING, JR. BOULEVARD. A motion was made by Taylor and seconded by Murphy to Introduce. Murphy states there are individuals who would like to help the City pay for the cost of changing the name of the street and they were informed by the City Controller that an account had to be established before the donations can be accepted. Question called. A vote by acclamation showed 9 yeas and 0 nays. INTRODUCED. ORD AN ORDINANCE ANNEING CERTAIN TERRITORY TO THE CITY OF MUNCIE, DELAWARE COUNTY, INDIANA. (TRACTOR SUPPLY). A motion was made by Taylor and seconded by Shroyer to Introduce. Basil Davis Sr. states if the area is annexed what will it cost the taxpayers to provide services for this extra community and Farmland will cost more than what they would recover in taxes. He hopes the Council really evaluates this before they approve to annex this property until they find out for sure how much burden it will put on the taxpayers. He asks they address the same issues on the agenda on annexation. Question called. A vote by acclamation showed 8 yeas and 1 nay. (Wiemer) INTRODUCED. ORD AN ORDINANCE ANNEING CERTAIN TERRITORY TO THE CITY OF MUNCIE, DELAWARE COUNTY, INDIANA. (TURNER ELLIOTT). A motion was made by Taylor and seconded by Shroyer to Introduce. Wiemer asks Mayor Canan if in an annexation if they are suppose to have so many police per 1000 of people by law. Canan states there is no truth to that at all. Mayor Canan states there is a fiscal plan attached to each one that is in the resolutions that will answer Basil Davis s questions. Question called. A vote by acclamation showed 8 yeas and 1 nay. (Wiemer) INTRODUCED. ORD AN ORDINANCE ANNEING CERTAIN TERRITORY TO THE CITY OF MUNCIE, DELAWARE COUNTY, INDIANA. (SHIREY ROAD). A motion was made by Taylor and seconded by Murphy to Introduce. Question called. A vote by acclamation showed 8 yeas and 1 nay. (Wiemer). INTRODUCED. ORD AN ORDINANCE TO AMEND CHAPTER 98 OF TITLE 9 OF THE MUNCIE CITY CODE ENTITLED NUISANCES. A motion was made by Taylor and seconded by Shroyer to Introduce. Question called. A vote by acclamation showed 9 yeas and 0 nays. INTRODUCED. ORD AN ORDINANCE ESTABLISHING AN ANIMAL CARE COMMISSION FOR THE CITY OF MUNCIE, INDIANA. A motion was made by Taylor and seconded by Marshall to Introduce. Mayor Canan states this pertains to a Animal Care Commission for the City of Muncie that will have the loose regulations over the Animal Shelter dealing with more of the general operations and

4 will not be involved in the day to day managing of the shelter. It has to do with the rules and guidelines of cleaning procedures. This was done in conjunction with the local vets that have been helping them. This would help keep them involved with the shelter. If the city and county work together they will look at that option. Question called. A vote by acclamation showed 9 yeas and 0 nays. INTRODUCED. RESOLUTIONS: RES A RESOLUTION APPROVING DEDUCTION FROM ASSESSED VALUE OF NEW REAL PROPERTY IMPROVEMENTS IN AN ALREADY DECLARED ECONOMIC REVITALIZATION AREA. (KP PROPERTIES, LLC LEASING TO B & B TOOL AND DIE COMPANY, INC.). A motion was made by Taylor and seconded by Marshall to Adopt. Taylor states it had a favorable recommendation from the Tax Abatement Committee. President Kurt Jones states KP property management was a sole corporation that was established to buy real estate for B & B Tool and Die to lease. They are buying the property on Jefferson Street that use to be Treety Supply. It has been vacant for a couple of years. They are buying that and building an adjacent building beside it. They are doing this in conjunction with buying specs to machinery and they needed excess capacity. They are currently on Walnut Street and they are out of space. Murphy asks if he is going to create any new job. Jones stated when he filled the forms out they weren t going to create any new jobs but he has hired one person two weeks ago. He states their average wage is $17.50 an hr. They pay 85% of the benefits. Murphy asks what is his starting wage. Jones states $9.50 and their highest wage is $ Murphy asks what type of skills does someone need. Jones states at $9.50 no skills because they will do on the site training with light assembly work. Skilled labor would be going to trade school and five to seven years work experience in the tool & die business. Murphy asks how he recruit s the employee. Jones states they go through the current resumes and applications. They contact Work one. Murphy states he sees that he does not have any black employees. Jones states they do not they only have one female and one handicap. He took over the company in Murphy asks if he has had any blacks apply since he has been the president of the company. Jones states a couple but very few. He has had no minorities on the skilled side but a couple on the unskilled assembly side. Murphy asks if he is going to hire does he go through Workforce and other agencies. Murphy states a lot of blacks have given up because it is basically not what you know it is whom you know. Jones states they do try to put ads in the newspaper but he is correct they do not have a lot of blacks that apply. He doesn t know if it is because of the Tool & Die trade. He states that is something good for the high schools to teach. Barton states it says he has 24 employees and because of the abatement they will retain 2. Jones states they currently do business with Keihin Aircon. They have one program that is going away in July and in the next resolution they will purchase another piece of equipment that will help retain the 2 employees and will generate more revenue. Barton asks how many of thee 24 employees make the average wage. Jones states probably over half of the

5 employees. Barton asks how many employees make the high wage. Jones stated 1. He states there are multiple people making over $ He states they have about 4 employees making $9.50. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED. RES A RESOLUTION APPROVING DEDUCTION FROM ASSESSED VALUE OF NEW MANUFACTURING EQUIPMENT IN AN ALREADY DECLARED ECONOMIC REVITALIZATION AREA. (B & B TOOL AND DIE COMPANY, INC.). A motion was made by Taylor and seconded by Isenbarger to Adopt. Taylor states it had a favorable recommendation from the Tax Abatement Committee. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED. RES A RESOLUTION APPROVING DEDUCTION FROM ASSESSED VALUE OF NEW REAL PROPERTY IMPROVEMENTS IN AN ALREADY DECLARED ECONOMIC REVITALIZATION AREA. (SPARTECH PLASTICS). A motion was made by Taylor and seconded by Marshall to Adopt. Mr. McConnell from Spartech Plastics is present for any questions. Taylor states this had a unanimous recommendation from the Tax Abatement Committee. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED. RES A RESOLUTION APPROVING DEDUCTION FROM ASSESSED VALUE OF NEW MANUFACTURING EQUIPMENT IN AN ALREADY DECLARED ECONOMIC REVITALIZATION AREA. (SPARTECH PLASTICS). A motion was made by Taylor and seconded by Marshall to Adopt. Murphy asks Mr. McConnell if there is a timetable when they re going to hire the 11 employees. He states the hiring has already started and the line should be up and going by June of Murphy asks what is the starting wage for the new employees. He states the range will depend on the position they fill but the starting position will be at $7.65 an hr. There will be several positions starting at $9.00 a hr. range. Murphy asks how they recruit. McConnell states they advertise through the newspaper and for the unskilled trade they use the temporary service. If they work out from the temporary service they hire them. Murphy asks what type of skills do they need. He states the lower are unskilled. Murphy asks out of the 134 are they full-time employees. He states they are full-time. McConnell states they run 24/7 and 364 days a year. Murphy asks when they pay the temporary service their fee do the employees still get $7.65 an hr. He states yes. Question called. A roll call vote showed 9 yeas and 0 nays. ADOPTED. RES A RESOLUTION ADOPTING FISCAL PLAN FOR ORDINANCE NO A motion was made by Taylor and seconded by Marshall to Adopt. Isenbarger states there is a hearing on February 7 th, Question called. A roll call vote showed 8 yeas and 1 nay. (Wiemer). ADOPTED.

6 RES A RESOLUTION ADOPTING FISCAL PLAN FOR ORDINANCE NO A motion was made by Taylor and seconded by Murphy to Adopt. Question called. A roll call vote showed 8 yeas and 1 nay. (Wiemer). ADOPTED. RES A RESOLUTION ADOPTING FISCAL PLAN FOR ORDINANCE NO A motion was made by Taylor and seconded by Murphy to Adopt. Question called. A roll call vote showed 8 yeas and 1 nay. (Wiemer). ADOPTED. OTHER BUSINESS: Taylor states he would like to honor Park Superintendent Ray Lanum who will be retiring at the end of the year and he will be missed. He has been a dedicated employee at the Park Department. He states they have always survived when there were cuts made. The Council wishes him a happy retirement. Director of Community Development Jerry Thornburg asks for volunteers from the council to sit with them on the citizens advisory committee in looking at the grant applications that are presented to them each year. They started accepting applications December 1 st and will close the application period January 7 th. Leonard states he will and Quirk will also. He states if anyone else does to let him know. Linda Gregory 1321 W. University states as they approach the New Year and they have to make other board appointments. She strongly urges they get more diversified. They need more women and minorities and younger people. By appointing Council members to the taxing entities they are able to report back to the citizens and informing them in how money is being spent and what they are doing. John Beaty 1122 S. Macedonia states he read in the paper about non-existing sidewalks. He states in front of his home the sidewalk and curb needed to be replaced forever. He states they have had problems since the Wilson administration. He states the curb was broken down a long time ago from semi s parking on it and it created a big hole there. He kept having problems in getting it replaced. They have had people come out and say there is nothing wrong with it. Part of the sidewalk they mow. He states when it rains it turns into mud. They have had sidewalks built on the block over from them and they went over and asks about fixing theirs and they were told when they finish there they would squeeze them in and it has been two years and nothing has been fixed. He has come to the Council about the Hole in the Wall, which is next door. They still have problems. They called the police and sometimes they come and don t come. He states the Council, Mayor and the Chief of Police has the authority to shut it down. Murphy states they don t have the authority to shut it down. Barton states the Mayor can answer his questions. Mayor Canan states he does not have the authority to shut it down. Deputy Chief Peters states the situation has come up at the staff meetings. They are properly licensed. They re meeting all the fire codes. The drug task force has gone down and watched to see if there

7 is a problem. They reported back and they have conformed to all the codes. He had instructed any of his supervisors that if any call has been made there they also go and that has been done. The supervisors are reporting back with that the calls their answering there by the guidelines they follow. They can t close it down if they re not in violation of the law. Peters states they run a profile of the business. Peters states anytime the police are summoned they do respond. There have been calls for disorderly conduct or fights and they have been answered and if there were arrests to be made there have been. As far as complaints the system shows there are none but the family present. Peters suggests they go see Chief Winkle and he can show them the actual facts of the calls that were made to dispatch. Peters stated Chief Winkle went in personally around October and talked with the owner and explained to him what he expected and the type of complaints he was getting. Leonard wished everyone a Merry Christmas and a Happy New Year. A motion was made and seconded to adjourn. A vote by acclamation showed 9 yeas and 0 nays. ADJOURNED. Charles R. Leonard, President of the Muncie Common Council Phyllis Reagon, Muncie City Clerk of the Muncie Common Council