HomeMy WebLinkAbout07-05-2007
COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
July 5,2007
The Common Council of the City of Jeffersonville, Indiana met for a Public
Hearing in Room 101, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at
7:00 P.M. on Thursday, July 5,2007.
Mayor Rob Waiz, with Deputy Clerk Treasurer Barbara Hollis at the desk, called
the meeting to order, explaining this is an open meeting that each citizen that desires will
be allowed three minutes to speak. This is not a dialogue. Also present was City
Attorney Les Merkley, Council Attorney Greg Fifer, and Finance Officer Patti Blair.
Councilpersons present were John Perkins, Ed Zastawny, Keith Fetz, Connie
Sellers, Barbara Wilson, and Ron Grooms.
Absent: Nathan Samuel.
City Council Attorney Greg Fifer announced this is a public hearing required by
law. Notice has been given to all taxing addresses in the proposed annexation area.
Notice was also published in the Evening News on May 2, 2007. Proof of this
publication was presented for the record. Attorney Fifer has provided copies of the
notice to those in attendance that may not have received the notice due to the fact the
taxing address may be the mortgage holder. Sheets have been provided to sign up to
speak this evening, inviting those that wish to speak to sign up. Comments are to be
made to the Council only. He asks that speakers not be redundant. Advisors in
attendance this evening are prior Councilperson Phil McCauley, c.P.A., Dean Rogers,
C.P.A. with H. J. Umbaugh and Associates, and David Blankenbeker, Land Surveyor.
Councilpersons mayor may not directly respond. Attorney Fifer will take notes and
minutes will also be taken. He asks that all be polite and respectful. The intent is to stay
as long as needed to hear all comment. The Council may chose to recess and reconvene.
Following the close of this hearing the Council must wait at least 30 days before
consideration of the Ordinance. If consideration has not been made 60 days following
the hearing the Ordinance will be considered rejected. Attorney Fifer has had
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correspondence with Oak Park Conservancy Attorney Mike Gillenwater. This was
presented and entered into the record.
Council President Fetz then conducted the public hearing, calling upon those that
have signed to speak.
Janice Trengove, 807 Allison Lane asked how much her property would change.
She is concerned Allison Lane may be widened and her front yard taken.
RESPONSE: No plans for widening Allison Lane are included in the Fiscal Plan adopted
by City Council resolution on March 5,2007. Any road improvement projects within the
City (including the annexation area after the annexation becomes effective) would be
implemented through the Board of Public Works and Safety.
Chuck Stanckiewitz, 706 Dogwood Road, called attention to a comment he read
in the newspaper made by Councilperson Perkins that indicated annexation would allow
Jeffersonville to control future destiny. The control of the residents future destiny is
being taken away. Mr. Stackiewitz does not feel annexation is good for the greater, only
good for Jeffersonville and its coffers. Most people cannot see the advantages only the
increased cost. He feels the folks being annexed will pay for frivolous spending. Most
people cannot remonstrate, however they can vote in the next election.
RESPONSE: The City's budget is subject to annual approval by the Indiana Departmcnt
of Local Govcmmcnt Finance ("DLGF"). The City's budget cannot increase by more
than 5% per year unless the City appeals to the DLGF and such appeal is granted. The
City is obligated to provide capital and non-capital services to the annexation area to the
same extent that such services are provided within the City.
Kathy Emmetsberger, 3003 Falcon Ridge Court, asked to be told why annexation
is good for her. If the Council wishes to be in control of their destiny, why not consider
the same for those in the annexed area.
RESPONSE: Almexation is a legislative matter that is properly within the jurisdiction of
the City Council. The Fiscal Plan adopted by the City Council sets f0l1h the planned
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method for extending municipal services to the annexation area, and, in part, explains
why the proposed annexation would be beneficial.
Pat McCartney, 300 North Falcon, has been told a web site has been launched.
He would like to know where it is and who paid for it. He would like to know what
monetary effect annexation will have. Councilperson Zastawny explained how to get to
the website and to use the estimated tax calculator.
RESPONSE: This web site can be accessed at cityofieff.net by clicking links to "City
Council" and "Annexation". The site was prepared by the City's Infonnation
Technology director and was paid for using funds provided from the City's approved
annual budget for such purposcs.
Charlie Milburn, 22 Linden Road, held up a sign announcing "Jeffersonville Tea
Party", referring to the Boston Tea Party.
RESPONSE: None, as no response or information was sought.
Stella Smith, 2109 Allison Lane, voiced concern for traffic accidents on Allison
Lane.
RESPONSE: Traffic issues within the anncxation arca will be administcrcd and
addrcsscd through thc Jcffersonvillc Board of Public Works and Safcty following thc
effcctive date of a!mexation.
Jack Hutslar, 44 Wildwood Road, thanked the Council for this meeting. He feels
rights should be observed. He has been in his home 39 years and has been satisfied with
the services he has received. He thanks Oak Park Conversancy, McCullough Fire
Department, and the County Police. He feels all are a part of Jeffersonville. His concern
is for the gap of time between being taxed starting in 2009 and not have a voice until the
2011 election.
RESPONSE: State law reqUIres that non-capital serVIces (including police and fire
protection) must be provided within one (1) yea!' after the effective date of the
annexation, a!ld that capital services (particularly sanitary sewers to those areas not
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already receiving service from the City or another scrvice provider) must be provided
within three (3) years. The City will comply with thesc requircments. Stat1ing services
at calendar year end will reduce confusion betwecn thc City and County rcgarding
scrvicc rcsponsibilities, and climinatc any argument that taxes should bc pro-rated for the
p0l1ion of the calendar year that services are not provided.
Sharon Kleinert, 5318 King Road, is looking forward to being a citizen of the City
of Jeffersonville. She asks if King Road will be widened, she is concerned for the safety
of the road. She is also concerned for the bridge over Pleasant Run. She asks if the road
will get fire hydrants. She asks what will be done about storm drainage. As her family
farms she is questions the zoning. She requests the City add an agricultural classification.
Ms. Kleinert questions the odor of livestock, the noise of harvesting, burning of debris
and the ability to hunt. Councilperson Grooms said a zoning classification of AG 1 Is
being considered. Present usage would not change. Attorney Fifer explained the zoning
procedure. Usage may continue as nonconforming. The use will be protected. He refers
Ms. Kleinert to Mr. Blankenbeker, Mr. Urban and Mr. Hicks.
RESPONSE: No plans or commitments are included in the Fiscal Plan for the widening
of King Road. If such improvements are desired or recommended, a request should be
madc to thc Jeffcrsonvillc Board of Public Works and Safety following thc effective date
of the almcxation. Firc hydrants will also bc located on an as-nceded and as-requested
basis on determination by the Jeffersonville Board of Public Works and Safety. Pursuant
to Statc law, fire hydrants are provided to City residents through a surcharge on their
monthly water bill. The County will remain responsible for all bridges within the County
and receives a separate tax rate to fund maintenance and repair of bridges. Storm
drainage scrvices will be provided through the Jeffersonville Drainage Board, and any
complaints or concerns regarding pat1icularly drainage problems should be referred to
that Board for study and recommendation aftcr the effective date of annexation. It has to
datc bcen dctcrmincd that it is not ncccssary to creatc an agricultural zoning classification
within the City. This concern will be referred to the committee consisting of David
Blankenbeker (land surveyor), Jim Urban (professional land planner), and Chester Hicks
(executive director of City planning alld zoning) for final recommendation to the City
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Council. It is likely that an amendment to the proposed annexation ordinatlCe will be
suggested that will make it clear that agricultural uses may continue in any zoning district
as non-conforming uscs to the extcnt that thcy exist on the datc the ordinance is finally
adoptcd.
David Nachand, Attorney representing Robert Lynn has concerns for zonmg
Issues. He asks for amendments and down zoning. He is concerned for vacant
subdivision lots.
RESPONSE: These concerns will also be referred to the Committee consisting of Mr.
Blankenbeker, Mr. Urbatl, atld Mr. Hicks for final recommendation.
David Hecker, 1224 Stonelilly Drive (Pebble Creek), resents being forcefully
annexed. He asks for consideration from the Council. He does not feel he is being
considered. He is going to want to know where his tax dollars go. He wants to know if
garbage collection will be bid. He intends to start a Jeffersonville Taxpayers Union.
RESPONSE: The DLGF approves the City budget on an annual basis, and the State
Board of Accounts conducts audits of City finances alld expenditures on a regular basis.
Thc most reccntly issued approvcd budget and audit are on file in the office of the
Jeffersonville Clerk-Trcasurcr and are available for inspection during regular business
hours.
Karen Foster, 5821 Charlestown Pike, farms. She estimates the combined
neighbors farm about 700 acres. These families do not intend to sell their property. She
asks if the tax rate will change with zoning change. She is worried about drainage.
Drainage problems stem from Silver Creek.
RESPONSE: It is in good faith believed that tax assessments on which tax bills are based
changc with usagc and improvcmcnts, alld not with change of zoning classifications.
Spccific drainagc problcms should be refcrred to thc Jeffcrsonvillc Drainagc Board after
the effcctive datc of the anncxation.
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Jim Tolle, 4101 Patricia Drive, presented a petition (attached). Mr. Tolle said
Jackson Heights has a real water problem and it will cost a lot. He does not want to be
annexed. He moved to get out of the City. He asks, "Why doe we have to be annexed".
His concern is about taxes. He will use Union power when he gets to vote.
RESPONSE: Specific drainage problems should be referred to the Jeffersonville
Drainage Board after the effective date of the annexation.
Vanessa Smith, 411 Lancassange Drive, held up a petition she said contained over
1200 signatures against annexation. (Ms. Smith did not present the petition to be entered
into the record.) She does not want to be annexed. She said people are not going to
forget.
RESPONSE: None, as no response or information was sought.
Jeff Isler, 2316 Surrey Road, said he could not top Ms. Smith's comments.
RESPONSE: None, as no response or information was sought.
Mike Campbell, 2017 Seminole Drive, feels annexation is being forced. He sees
flaws in the state law regarding remonstrance. He has had good services. Mr. Campbell
has attended many Council meetings and the Council has never sold him on the
advantages of annexation. He is concerned about drainage. He wants the same
percentage of sidewalks in three years. He wants the same percentage of streetlights in 3
years. He hopes the Council will reconsider annexation.
RESPONSE: Specific drainage problems should be referred to the Jeffersonville
Drainage Bomd after the effective date of the annexation. Sidcwalks and street lights arc
not capital services provided by the City. The City has a matching funds program for
sidewalk repair or construction, and residents of the annexation area are welcome to
apply through the program in accordance with cstablished guidelincs aftcr the effective
datc of the anncxation. Ncw strcet lights and sidewalks will be rcquired in ncw
developments within the almexation area pursuant to the City zoning requircments.
Requests for additional street lights in established areas may be made through the
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Jeffersonville Board of Public Works and Safety following the effective date of
annexation.
Ron Smith, 3310 Holman Lane, was annexed five or six years ago. He believes
taxes will increase 50 to 100 percent. He will be looking at the raises given for a new
Mayor. He has enjoyed living under Mayor Waiz. He hopes the next Mayor and Council
are half as good. He is going to miss Mayor Waiz.
RESPONSE: Specimen tax bills and tax impact calculations are posted on the City web
sitc utilizing the most current tax rate information then available. Based on such
calculations, it is not believcd that ,my propcI1y will incur tax increases of thc magnitude
claim cd.
Donna LaLonde, 5227 Graves Drive, Sellersburg, questions her mailing address,
and responding fire department. She would like the drainage fixed. She questions
recycling, garbage collection, parks, and septic. Attorney Fifer said 10 to 15 years ago no
one was doing any drainage work. Jeffersonville is one of the first to control new
development drainage. Oak Park Conversancy is the drainage authority for the area it
serves. Conversancy District customers will not be billed the $3.50 fee. Sewers will
have to be provided by the City. The expense to residents will be from the line. If a
resident is within 300 feet of a line they will be required to connect. Councilperson
Grooms explained she will continue to have a Sellersburg address, fire service will be
from Jeffersonville Engine House #2, recycling is set to end December 2007, garbage
collection will be provided beginning 2009, the Jeffersonville Parks Department master
plan includes a park off Charlestown Pike.
RESPONSE: The post office assigns mailing addresses, and the City has no control over
this. Specific drainage problems should be referred to the Jeffcrsonville Drainagc Board
after thc effcctive date of thc annexation. New sewcr customcrs will also havc to pay a
"connection" or "tap" fee at the rate established in the Sewer Usc Ordinance. 'fhe
remainder of these inquiries were adequately responded to by Councilman Grooms.
have to run sewer lines within three years.
RESPONSE: Thc resident is encouraged to petition the Jeffersonville Board of Public
Wmh "f!Pl' thp pfff'divp c1Me oftne ~nnexation to exnedite scwer construction in thc area
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Angela Jackson Brown, 4038 Herb Lewis Drive, asks if there is any way to
postpone the decision until a Citizens Council can be formed.
RESPONSE: By State law, thc Council cannot act on thc annexation ordinancc for less
than 30 or more than 60 days following the public hearing. If considcration is dclayed
for more thall 60 days the process would have to start ovcr.
Dana Juliot, 6607 Cameron Drive asks how zoning is determined and how tax
rates are determined. Attorney Fifer said a determination of areas would be made.
Surveyor Blankenbeker reviewed the determining factors.
RESPONSE: Real estate is assessed by Township Assessors and the results are
maintaincd by the County Assessor. I'hc City proposcs a budget that is rcvicwed and
approved by the DLGF. Upon approval, a tax rate deemed sufficient to raise the funds in
the approved budget is established. Zoning approvals \vithin the annexation al'ea will bc
under the jurisdiction of the City Planning and Zoning Department commencing January
1,2008.
B. L. Smith, 2110 Alison Lane, Apt. 24, questioned the property taxes published
in the newspaper. Dean Rogers explained the web site basis saying township credits vary.
Sewer surcharges are also taken into consideration.
RESPONSE: No additional response in addition to that offcred by Mr. Rogcrs.
Peggy Justice, 2622 Coopers Lane, told of her problems getting a septic permit
following a fire at her residence, asking about sewer lines to her area. Attorney Fifer
informed her the health department has the authority over septic permits. The City will
have to run sewer lines within three years.
RESPONSE: The resident is cncouraged to petition the Jeffersonville Board of Public
Works aftcr the effcctive date of the annexation to cxpeditc scwcr construction in thc arca
of hcr propcl1y. Pursuant to Statc law, such lines must be fully constructcd within three
(3) years after the effective date of the annexation.
July 5, 2007
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Gary Lynch, 5311 Hamburg Pike, asked if he would have to have a pump to the
sewer line. Attorney Fifer said an analysis of the area would be done. Surveyor
Blankenbeker feels there will be a gravity line.
RESPONSE: See attachcd additional response provided by thc City's engineers, Jacobi,
Toombs a11d Lanz, Inc., dated July 10,2007.
Byron Ison Sr., 2310 Surrey Road, is concerned for the cost of sewer installation.
Councilperson Perkins explained each resident would be responsible for the tap fee of
$1,500 and the cost to run the line to the residence. The estimated cost to run the line is
$1,500 to $2,800. Surveyor Blankenbeker said the engineering firm of Jacobi, Toombs,
and Lanz may be able to estimate the cost.
RESPONSE: See attached additional responsc providcd by the City's engineers, Jacobi,
Toombs ,md Lanz, Inc., dated July 10,2007.
As there was no further public comment to be heard Councilperson Perkins made
the motion to close the public hearing at 8:30 p.M~,secona~r COFcilperson Zastawny,
passing on a vote of 6-0./ /.:
ROBERT L. W AJZ,~ YOR
ATTEST:
(--
, ~lUJ-~
PEGGY WILDER, CLERK AND TREASURER