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HomeMy WebLinkAbout03-05-2007 r\ :t COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA March 5, 2007 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at 7:30 P.M. on Monday March 5, 2007. Mayor Rob Waiz, with Clerk Treasurer Peggy Wilder at the desk, called the meeting to order. Also present were City Attorney Les Merkley and Deputy Clerk Treasurer Barbara Hollis. Mayor Waiz welcomed all in attendance, asking all those present to stand as Councilperson Grooms gave the invocation. Mayor Waiz then asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were; Councilpersons John Perkins, Ed Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Phil McCauley, and Ron Grooms. Absent: None. r" t Following discussion, Councilperson Grooms made the motion to approve the agenda with the removal of agenda item #11, moving Agenda Item #14 to #11 and add #llA an Ordinance Defining the Term "Good Cause", second by Council President Fetz, passing on a vote of 7-0. Clerk Treasurer Wilder presented the claim list for consideration by the Council, explaining four additional claims. Councilperson Perkins made the motion to approve the claims and the four additional as presented, second by Councilperson Zastawny, passing on a vote of 7-0. PUBLIC COMMENT: Mr. Steve West appeared before the Council to express his opposition to the request by Southeast Christian Church for a zoning change. He feels it is unfair to taxpayers to allow a Church that does not pay property taxes to utilize land that is prime commercial property that was intended for a tax paying business. Mr. Gary Leavell presented a packet of information regarding the project titled "Illuminating Indiana's Historical African American Rural Settlements Through Heritage March 5, 2007 2 Tourism". Mr. Leavell asked the Council to review the materials, as this is a great opportunity to put Jeffersonville on the map and share history. Mr. Bob Miller expressed his concerns regarding drainage problems the proposed building of Southeast Christian Church could cause. Mayor Waiz directed Mr. Miller to Engineer Jorge Lanz to explain the plans. Mr. Tom Yingling feels annexation is being done the wrong way, as residents will be taxed before they have representation. He is opposed to the tools used. He proposes the Council move the date of implementation so residents may vote in the upcoming election. Mr. Ralph Summers said annexation by Jeffersonville is wrong, morally wrong and ethically wrong. It is just not right. It is legal but it is wrong. There will be a burden on some families; few will gain. He asks the Council to put annexation on hold. Mr. Mike Campbell, 3017 Seminole Drive, said the Council has an important decision to make regarding annexation. What they are about to do is legal but not fair. Taxation without representation is tyranny. He noted drainage problems and streetlights. He said, "Let my people go". Mr. Bruce Herdt said this annexation stinks as many have been denied the right to object. Mr. Chuck Stanckiewitz stated he is against annexation. He believes the object is to become a second-class city. He hopes the Council dots all the i's and crosses all the t's. AGENDA ITEMS: Mr. Doug Heberle and Ms Jill Saegesser representing River Hills, appeared before the Council requesting passage of Resolution No. 2007-R-9, A Declaratory Resolution Of The City Of Jeffersonville, Indiana, For The Submittal Of A Community Focus Fund Grant Through The Indiana Office Of Community And Rural Affairs And Addressing Related Matters. Councilperson Perkins made the motion to pass Resolution No. 2007-R-9, second by Councilperson Sellers, passing on a vote of 7-0. Following a discussion regarding funding, Councilperson Perkins made the motion to pass Resolution No. 2007-R-10, A Resolution To Advertise For An Additional Appropriation (EDIT Fund-Grant Match), second by Councilperson Wilson, passing on a vote of7-0. March 5, 2007 3 Attorney Larry Wilder presented and explained Ordinance No. 2007-0R-9, An Ordinance Defining The Term "Good Cause" As Set Forth In Ordinance No. 2006-0R- 68 And Requiring Documents To Support A "Sex Offender's" Request For Exemption. Attorney Wilder answered questions. Council President Fetz made the motion to pass Ordinance No. 2007-0R-9 on the first reading, second by Councilperson Wilson, passing on a vote of7-0. ~ Councilperson McCauley introduced Resolution No. 2007-R-ll, A Resolution Adopting A Written Fiscal Plan Establishing A Definite Policy For The Provision Of Non-Capital And Capital City Services To Certain Real Estate In Annexed Boundaries, referring to Attorney Greg Fifer for explanation. Attorney Fifer noted there would not be one day without City services following receipt of taxes from the area. Councilperson McCauley thanked all those who have participated in this process. He includes all those who are opposed. The citizens are to be commended. This issue of annexation came about two years ago when "donut holes" were noted when looking at a map. Mayor Waiz asked the Council not to rush. Studies have been done and input has been taken. He believes this is in the best interest of the Jeffersonville community. At the conclusion of all discussion, Councilperson McCauley made the motion to pass Resolution No. 2007-R-ll, second by Councilperson Perkins, passing on a vote of7-0. Attorney Fifer next explained Ordinance No. 2007-0R-1O, An Ordinance Annexing Certain Real Estate Into The City Of Jeffersonville. Councilperson Perkins reviewed the history of the growth of Jeffersonville. He cannot image not growing. The process has involved due diligence. Study and hard work have been done on this, exceeding others. Jeffersonville will be the largest City South of Columbus and East of Evansville. Councilperson Perkins commends Councilperson McCauley for his work on this. Councilperson Perkins then made the motion to pass Ordinance No. 2007-0R-1O on the first reading, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson McCauley wishes to thank Mr. Josh Hillman and Mr. Jorge Lanz for their work. A recess was called at 8:40 P.M. The meeting resumed at 8:50 P.M. March 5, 2007 4 Clerk Treasurer Wilder presented and explained the need for passage of Resolution No. 2007-R-12, A Resolution For Additional Appropriation (General Fund- Beautification Committee). Councilperson Wilson made the motion to pass Resolution No. 2007-R-12, second by Councilperson Fetz, passing on a vote of7-0. Clerk Treasurer Wilder next presented and explained the need for passage of Ordinance 2007-0R-ll, An Ordinance Concerning Pre-Approved Payments. Councilperson Wilson made the motion to pass Ordinance No. 2007-0R-ll on the first reading, second by Councilperson Zastawny, passing on a vote of 7-0. Councilperson Grooms voiced concern with compliance with the purchasing Ordinance. Clerk Treasurer Wilder assured Councilperson Grooms the purchasing procedure will be utilized for all claims. Mrs. Charles Wills appeared before the Council to request passage of Ordinance No. 2007-0R-12, An Ordinance Changing The Zoning Map Designation Of A Certain. Tract Of Property Located At 411 East Seventh Street (Parcel Number/Tax Key: 019-34- 0200) From 3: Old City Residential To DC: Downtown/Old City Commercial. Councilperson Sellers explained the Plan Commission has forwarded this to the City Council with a non-recommendation. The concern is for spot zoning. Councilperson Perkins stated he has received no calls of opposition. Following all discussion Councilperson Perkins made the motion to pass Ordinance No. 2007-0R-12, second by Councilperson Sellers. Mayor Waiz asked for public comment. No public comment being heard the motion passed on a vote of 7-0. Councilperson Zastawny feels there is a need to get the area rezoned. Councilperson Sellers said it is the intention to rezone this block. Mr. Frank Bridgewater, representing St. Stephen Baptist Church, appeared before the Council to request passage of Ordinance No. 2007-0R-13, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Part Of Survey No. 34 Of The Illinois Grant And Described As A 5.32-Acre Tract Located At Veterans Parkway And Scott-Morrison Road Between 2515 And 2607 Veterans Parkway Be Rezoned From C2: Medium To Large General Commercial To IS: Institutional. This request received a favorable recommendation from the Plan Commission. Councilperson Perkins made the motion to pass Ordinance No. 2007-0R-13, second by Councilperson I. .1 March 5, 2007 5 Wilson. Mayor Waiz asked for public comment. No public comment being heard the motion to pass Ordinance No. 2007-0R-13 passed on a vote of7-0. Attorney Alan Applegate, representing Southeast Christian Church, appeared before the Council requesting passage of Ordinance No. 2007-0R-14, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Part Of Survey Nos. 32 And 33 Of The Illinois Grant And Described As A 8.867- Acre Tract Located At The Corner Of US 31 And New Albany-Charlestown Pike (Beside MKM Machine Tool) Be Rezoned From 11: Business Park/Light Industrial To IS: Institutional. The request received a unanimous favorable recommendation from the Plan Commission. Attorney Applegate presented a map, explaining the area and the traffic flow. Services are scheduled for Sundays at 9:00 A.M. and 11 :00 A.M. It is not expected a traffic signal will be necessary. Councilperson Perkins made the motion to pass Ordinance No. 2007-0R-14, second by Councilperson Sellers. Mayor Waiz requested public comment. With no public comment heard the motion passed on a vote of7-0. CLERK TREASURER COMMENTS: Clerk Treasurer Wilder presented and explained a proposal for audiovisual equipment for Council Chambers in the amount of $21,000. Planning and Zoning Director Chester Hicks has put the work in on this proposal. Councilperson Perkins would like to look at a camera system as well. Clerk Treasurer Wilder suggested funding from the Council Special Projects. Councilperson Perkins recommends moving forward with the proposal and to look at cameras as well. No objection was voiced. COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS: Councilperson McCauley announced he would not be in attendance at the next meeting. Councilperson Grooms has talked with Mr. Tom Gross at Jeffersonville High School regarding filming the Council meetings as they have done in the past. Mr. Gross informed Councilperson Grooms the students have to be paid and there is no money available. It is hoped to get this restarted. All agreed the City would find the funding. Councilperson Grooms said the $100,000 dedicated to City Hall Building Authority Reserve and the $100,000 City Council Special Projects will need the go through the March 5, 2007 6 additional appropriation process. Councilperson Perkins made the motion to pass Resolution No. 2007-R-13, A Resolution To Advertise For An Additional Appropriation (Rainy Day Fund), second by Councilperson Sellers, passing on a vote of7-0. Council person Perkins appreciates all who worked on annexation. Councilperson Zastawny noted the auto sales rezoning has been tabled by the Plan Commission to work on a compromise. This has been a good process. Council President Fetz distributed a thank you letter from Mr. Mike Davis of Southern Indiana Asset Building Coalition. Council President Fetz met with Mayor Waiz and Ms. Phyllis Wilkins, Executive Director of Clark County Chapter of American Red Cross. Ms. Wilkins is seeking sponsorship for the Tenth Annual Bales' Humanitarian Gala. Mayor Waiz noted the Red Cross has done a lot in the community. Following discussion, Councilperson Wilson made the motion to co-host the Gala in the amount of $5,000 from Council Special Projects, second by Councilperson McCauley, passing on a vote of7-0. Mayor Waiz appreciates the help and tha As there was no further business adjourned 9:35 P.M. Council, the meeting was ~ - ~~ PEGGY ~ R, CLERK AND TREASURER