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.
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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
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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
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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
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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.
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PEGGY WILDER, CLERK AND TREASURER
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