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HomeMy WebLinkAbout12-04-2006 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA December 4,2006 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 December 4, 2006. 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 Barbara Hollis. Mayor Waiz welcomed all in attendance, asking all those present to stand as Councilperson McCauley 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, Keith Fetz, Connie Sellers, Barbara Wilson, Phil McCauley, and Ron Grooms. Absent: Councilperson Ed Zastawny. Following discussion, Councilperson Fetz made the motion to remove agenda item #13, and move agenda item #17 to agenda item #12, second by Councilperson Grooms, passing on a vote of 6-0. Mayor Waiz presented the minutes for consideration by the Council. Council President Wilson made the motion to approve the minutes of November 20, 2006 (7:30 P.M.) as presented, second by Councilperson Sellers, passing on a vote of6-0. 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 Grooms, passing on a vote of 6-0. Councilperson Grooms again noted the cell phone cost. Mayor Waiz said this is being worked on. PUBLIC COMMENT: Mr. Harry Munzer appeared before the Council expressing his concerns regarding bringing gaming to Clark County. Mr. Munzer feels gaming is not conducive to the lifestyle in Clark County. 2 December 4, 2006 Mr. Dennis Schliebener asked if the proposed Sex Offender Ordinance would pertain for a lifetime to those with a 10-year conviction? COUNCIL COMMENT: Councilperson Perkins noted Mr. Munzer does not have his facts correct. Mr. Perkins noted 62% of those voting in Clark County voted in favor of gaming. In Councilperson Perkins district, where a boat would most likely be located, the percentage in favor was 70%. Gaming would bring 200 jobs to the area. Councilperson McCauley noted he was not in favor of bringing gaming to Clark County. The County did vote by 62% to allow gaming. There must be a vehicle to handle inquires and they must be handled orderly. AGENDA ITEMS: Mr. John Kraft, Attorney, representing Sprigler Development Inc., appeared before the Council to. request passage of Ordinance No. 2006-0R-70, An .Ordinance changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Part Of Survey No. 21 Of The Illinois Grant In The City Of Jeffersonville, Clark County Indiana, Containing A 4.083-Acre Tract Located On Woehrle Road Adjacent To The Sunset Mobile Home Park From Cl: Small To Medium Scale General Commercial To M2: Multifamily Residential. Attorney Kraft noted the request received an 8-1 favorable vote at the Plan Commission. Mr. Kraft explained the project. Counci1person Perkins noted the numbers indicate 27 units per acre. Attorney Kraft said the units would be 2 and 3 bedroom units. Councilperson Perkins found no open or green space planned. Attorney Kraft noted this plan is only proposed and would have to go back to the Plan Commission. Councilperson Sellers noted her concerns. Councilperson Grooms feels a Sprigler project would be quality, his concern is for traffic, and if this is the best use of the property. Councilperson McCauley agrees. Attorney Kraft explained the need for high-end rental units. The plan would be for rent of $700 plus. Mayor Waiz noted this is a public hearing asking for comment. Mr. Kevin Vissing asked about allowance for parking. Mr. Sprigler noted the plan includes 230 spaces. Planning and Zoning Director Chester Hicks noted the need for a zoning map amendment. Mr. Brian Smith feels the plans include a lot of units for the acres. Councilperson Perkins made the motion to pass Ordinance No. 2006-0R-70, second by Councilperson Grooms, failing on a vote of 0-6. December 4,2006 3 Clerk Treasurer Wilder presented Ordinance No. 2006-0R-71, An Ordinance Fixing Basic Salaries Of Elected Officials Of The City Of Jeffersonville, Indiana For The Year Of 2007. A public hearing for this Ordinance has been advertised for December 29 at noon. Councilperson Perkins made the motion to pass Ordinance No. 2006-0R-71 on the first reading, second by Councilperson Grooms, passing on a vote of 6-0. City Attorney Les Merkley introduced and explained Ordinance No. 2006-0R-72, An Ordinance Establishing Building Authority Non-Reverting Fund. Councilperson Fetz made the motion to pass Ordinance No. 2006-0R-72 on the first reading, second by Council President Wilson. Councilperson McCauley has been working on this with the Building Authority. Clerk Treasurer Wilder noted the source of the funds would have to be identified. The wording in section 3 will be changed. The motion to pass Ordinance No. 2006-0R-72 on the first reading passed on a vote of 6-0. Councilperson Perkins made the motion to pass Ordinance No. 2006-0R-69 on the second and third readings, second by Councilperson Sellers. Councilperson Grooms noted the question on the ballot was to approve gaming in Clark County. Councilperson Grooms made the motion to amend Ordinance No. 2006-0R-69 (attached). He has a concern for the number of voting members from Jeffersonville. This is an opportunity to build an authority of others than elected officials. He feels the authority needs to be broader, expanded and modified to include as many people as possible. Councilperson McCauley agrees there is a need to set up an entity to deal with this "problem" and he emphasizes with Councilperson Grooms. There have been substantial changes. Councilperson Sellers withdraws her second. Councilperson Perkins withdraws his motion. Councilperson Grooms motion to amend dies for a lack of a second. Councilperson Perkins then made the motion to amend Ordinance No. 2006-0R-69 to include one Sellersburg Town Council member and one Clark County Council member as ex officio members, and to pass on the second and third reading, second by Councilperson Sellers, passing on a vote of 5-1. Councilperson Grooms voted against passage. Clerk Treasurer Wilders presented and explained Ordinance No. 2006-0R-73, An Ordinance Of Additional Appropriation (Clerk Treasurer Travel & Computer December 4, 2006 4 Programming). Councilperson McCauley made the motion to pass Ordinance No. 2006- OR-73 on the first reading, second by Councilperson Fetz, passing on a vote of 6-0. City Attorney Merkley presented and explained Ordinance No. 2006-0R-74, An Ordinance Of Additional Appropriation (City Attorney Travel). Councilperson McCauley made the motion to pass Ordinance No. 2006-0R-74 on the first reading, second by Councilperson Sellers, passing on a vote of 6-0. Ordinance No. 2006-0R-68, An Ordinance Banning Convicted Sex Offenders From Public Property Owned by The City Of Je,ffersonville was presented for consideration. Attorney Larry Wilder reviewed the changes. Councilperson Perkins suggested an amendment on page 4 line 10 insert include in sign. Following discussion, Councilperson Fetz made the motion to pass Ordinance 2006-0R-68, with the amendment, on the second reading, second by Councilperson Perkins, passing on a vote of 6-0. Councilperson Perkins expressed his appreciation for the work Councilperson Fetz and Attorney Larry Wilder have put forth for the protection of the children of Jeffersonville. Councilperson Grooms will request the Park Department to cooperate regarding signage. CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS; COUNCIL AND MAYOR COMMENTS: Councilperson Perkins said Mayor Waiz has an idea to abolish City Court. Councilperson Perkins feels this would be a burden on the County and would be disastrous. An additional Superior Court would require the backing of the County Council, County Commissioners and action of the Legislature. Councilperson Perkins distributed letters from Judge Fleece and Judge Jacobi. City Court Judge Vicky Carmichael also noted the burden to the County. As Superior Court Judge she will work with City Court to move pretrial hearings to the County Building. Another location for City Court will be pursued in the Quartermaster. Mayor Waiz noted now is the opportunity to abolish City Court. Councilperson McCauley thanked Judge Carmichael for the information and consideration. Councilperson McCauley reported the annexation meeting last Thursday went reasonably well. He requested the Council to consider one more meeting in January December 4, 2006 5 or early February. Councilperson Perkins noted Councilperson McCauley did a splendid job chairing the meeting. Councilperson McCauley is open to suggestions for a location. Councilperson McCauley would like to begin a process of education on the effects of the proposed school bond issue and the effects of the 2% circuit breaker. This effect may be devastating. There is a need for dialogue on the effects of this issue. He asks permission to work on setting up a session with the School Board, IACT and other entities. Councilperson Fetz introduced Mr. Derek Spence for an Ethics Board update. Mr. Spence reported 5 resume's for attorney were reviewed, 3 interviews were given. The Board recommends Attorney Lonnie Cooper at a rate of $100 per hour. Councilperson Fetz made the motion to retain Attorney Lonnie Cooper, second by Councilperson McCauley, passing on a vote of 6-0. Changes to the Ordinance will be recommended. Councilperson Grooms. introduced Mr. William "Bill" Saegessor who was formally appointed to the Sanitary Sewer Board at the workshop. Mr. Saegesser said he feels like he is among friends. Councilperson Grooms thanked Councilperson McCauley and other for the changes in the gaming Ordinance. He also thanks Judge Carmichael and her staff for attending the meeting. Councilperson Grooms feels the podium is obstructing. He hopes Mayor Waiz would ask the department heads for an update at the first of the year. Council President Wilson spoke with Brian from Sun Properties and found there is space available in the Quartermaster. The downtown light up was wonderful. Mayor Waiz appreciates all for coming toni t. He wi all a safe trip home. As there was no further business to co before ouncil, the meeting was adjourned 9:00 P.M. ~: (.~~ PEGGY WILDER, CLERK AND TREASURER ~-3' 0'1-