Loading...
HomeMy WebLinkAbout02-23-2004COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA February 23, 2004 The Common Council of the City of Jeffersonville, Indiana met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana, at 7:30 P.M. on Monday, February 23, 2004. Mayor Waiz introduced George Hoffa as the top youth volunteer in Indiana for 2004. Mayor Waiz presented Mr. Hoffa with a certificate of Commodore of The Port saying he was great and to keep up the good work. 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 Reverend Bruce Barkhauer of First Christian Church gave the invocation. Reverend Barkhaner thanked Mayor Waiz and the Council for declaring the previous day as Reverend Joe DuffDay in Jeffersonville. 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, Run Grooms, and phil McCauley. Absent: None Councilperson Perkins made the motion to approve the agenda with the deletion of agenda item 4/14, second by Councilperson Zastawny, passing on a vote of 7-0. Mayor Waiz presented the minutes of the meetings of January 26, 2004 and February 2, 2004 for approval. Councilperson Wilson made the motion to approve the minutes of January 26, 2004 as presented, second by Councilperson Sellers, passing on a vote of 7-0. Council President McCauley asked that an explanation be added to his comments regarding Galvpro bonds on the first page. Councilperson Wilson made the motion to approve the minutes of February 2, 2004 as amended, second by Council President McCauley, passing on a vote of 7-0. Clerk Treasurer Wilder presented the claim list for consideration by the Council, explaining two additional claims. Council President McCauley is concerned the claim to 2 February 23, 2004 Harmum, Wagle, and Cline is a June invoice. Mayor Waiz is willing to pay $52,000 and the bill is for $95,000. He said they are charging on a basis of $150 p~ square foot for what should be $100 per square foot. The contract allows for another cost estimate, which he would like to do. Council President McCauley has talked with a representative from Hannum, Wagle, and Cline and has been told legal recourse will be taken. He has a fear of legal expenses, noting the hazard of litigation. Council President McCanley would like to pay them $64,900. Mayor Waiz she he has pledged to be fiscally responsible. Council President McCauley feels he has. Mayor Waiz would like to pursue a second estimate. Council President McCauley understands what Mayor Waiz is trying to do and he respects that very much. He does feel this may expose the City to risks and end up in worse shape. Councilperson Perkins asked Attorney Merkley if he feels the contract is valid. Attorney Merkley believes the Council should exercise the right to get a second consultant, there was no appropriation for the contract, and they have not completed all portions of the contract. Councilperson Fetz feels the need for further research before agreeing on payment, and feels the Council should get an outside view to look at the contract, and get another proposal for cost. Councilperson Grooms said it is not up to the contractor to make sure the money is appropriated. Mayor Waiz said he does not intend to use the plans, as it is a metal building. Councilperson Sellers said she did not get the idea it was completely metal. Council President McCauley feels the question is money, settle for $64,900 or face a lawsuit. Councilperson Perkins said it is an invalid contract as there was no appropriation. Councilperson Perkins made the motion to table the claim to Hannum, Wagle and Cline, second by Councilperson Fetz, failing on the following roll call vote: Ayes: Councilpersons Wilson, Fetz, and Perkins. Nays: Councilpersons McCauley, Grooms, Sellers, and Zastawny. Councilperson Perkins then made the motion to approve the claims with the two additional, second by Councilperson Fetz. Council President McCauley made the motion to amend the Hannum, Wagle, and Cline claim to $64,900, second by Councilperson Grooms, passing the following roll call vote: Ayes: Councilpersons, Zastawny, Sellers, Grooms, and McCanley. Nays: Councilpersons Perkins, Fetz, and Wilson. February 23, 2004 The motion to approve the claims passed on a vote of 7-0 PUBLIC COMMENT: There was no public comment. AGENDA ITEMS: Ms. Kelli Gibson, representing Greater Louisville Sports Commission, appeared before the Council explaining a triathlon that will be held July 25, asking for assistance on the Indiana side for the closing of the Second Street Bridge and police services. Mayor Waiz asked Ms. Gibson to appear at the Board of Public Works and Safety. Mr. Danny Flanagan, project manager of Repair Affair, appeared before the Council to distribute information and request funding again this year. Councilperson Zastawny asked if the money would stay in Indiana. Mr. Flanagan answered it would stay in Jeffersonville with a minimum of 10 homes participating. Councilperson Perkins made the motion to approve funding of $7,500 from Council Special Projects, second by Councilperson Wilson, passing on a vote of 7-0. The event will take place June 5 and the City will have it's own team. Mr. Alan Applegate, Attorney representing Dominion Home explained the need for passage of Resolution No. 2004-R-9, A Resolution Adopting A Written Fiscal Plan Establishing A Policy For The Provision Of Services To An Annexed Area, and Ordinance No. 2004-OR-6. He explained the area is to have 200 plus homes. Councilperson Perkins is concerned for the cost to the sewer system. Councilperson Grooms is concerned for the traffic flow. Attorney Applegate said there would be acceleration and deceleration lanes. Councilperson Zastawny is concerned about the density. Attorney Applegate explained the steps taken to this point. Councilperson Perkins made the motion to table Resolution No. 2004-R-9, and Ordinance 2004-OR-6 until the second meeting in March, second by Councilperson Grooms, passing on a vote of 7-0. The public was then asked for comments. There were no comments voiced. Mr. David Duggins, representing Seatpley, Inc. appeared before the Council to request passage of Resolution No. 2004-R-10, A Resolution of Tax Abatement. Mr. Duggins introduced Mr. Levon Afeyan, President of Seatpley. The company will not be in competition with any local companies. Council President McCauley made the motion to pass Resolution No. 2004-R-10 for a 5-year abatement, second by Councilperson Fetz, February 23, 2004 4 passing on a vote of 7-0. The company will need to provide 19 jobs or the abatement can be rescinded. Councilperson Grooms asked Mayor Waiz to give an update on the Spring Street fire situation. Mayor Waiz said he would like to see the City acquire property at the rear of the area for parking. The council will be involved in this. Councilperson Grooms expressed a spirit of cooperation. Homer's and 300 Spring have applied for demolition permits. Couneilperson Grooms asked if there would be any new business in the acquired space. Mayor Waiz said there would be only parking. Councilperson Grooms then asked if there would be any grant funding. Mayor Waiz replied there would not. Ms. Rachelle Cummings, representing Clark Memorial Hospital appeared before the Council to request passage of Ordinance No. 2004-OR-3, An Ordinance Granting Petition To Vacate A Public Way In The City Of Jeffersonville, and Ordinance No. 2004- OR-4, An Ordinance Granting Petition To Vacate A Public Way In The City of Jeffersonville. Councilperson Perkins made the motion to pass Ordinance No. 2004-OR- 3 on the second and third readings, second by Council President McCanley, passing on a vote of 7-0. Councilperson Perkins then made the motion to pass Ordinance No. 2004- OR-4 on the second and third readings, second by Councilperson Wilson, passing on a vote of 7-0. City Attorney Merkley explained the need for passage of Ordinance No. 2004- OR-5, An Ordinance Transferring Certain Funds Within Same Department. Councilperson Grooms made the motion to pass Ordinance No. 2004-OR-5 on the second and third readings, second by Councilperson Zastawny, passing on a vote of 7-0. Clerk Treasurer Wilder presented Ordinance No. 2004-OR-7, An Ordinance Of Additional Appropriation (City Court) for consideration. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2004-OR-7, second by Councilperson Fetz, passing on a vote of 7-0. Councilperson Perkins then made the motion to pass Ordinance No. 2004-OR-7 on all three readings, second by Councilperson Wilson, passing on a vote of 7-0. Clerk Treasurer Wilder presented Ordinance No. 2004-OR-8, An Ordinance Of Additional Appropriation (Vehicle Maintenance) for consideration. Council President McCanley said he is concerned about the tax rate. The budget was cut and now is being 5 February 23, 2004 added back. Councilperson Fetz made the motion to suspend the rules for Ordinance No. 2004-OR-8, second by Councilperson Sellers, passing on a vote of 7-0. Council President McCanley said this Council is changing the former Council's position. Councilperson Fetz then made the motion to pass Ordinance No. 2004-OR-8 on all three readings, passing on a vote of 7-0. Clerk Treasurer Wilder explained the need for passage of Ordinance No. 2004- OR-9, An Ordinance Establishing A City Of Jeffersonville Rainy Day Fund. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2004- OR-9, second by Council President McCauley, passing on a vote of 7-0. Councilperson Perkins then made the motion to pass Ordinance No. 2004-OR-9 on all three readings, second by Councilperson Wilson, passing on a vote of 7-0. CLERK TREASURER COMMENTS: Clerk Treasurer Wilder said the tax anticipation warrant bonds have been closed and are now due June 1. She does not feel like the City will make it financially. She would appreciate the Council holding off any large purchases. COUNCIL AND MAYOR COMMENTS: Councilperson Perkins complimented Mayor Waiz on all his hard work and efforts put into saving the buildings on Spring Street. This has been a dark cloud but it does have a silver lining. He encourages positive action on acquiring some of the other properties on Spring Street that have been neglected. He looks at this as a chance to finish Spring Street. Councilpersun Zastawny attended a meeting with Sun Properties and announced they have found an additional 30,000 square feet. They have been receiving positive reaction to leases. Councilperson Zastawny spent a half-day at the Street Department. He has encouraged Commissioner Ellis to get quotes for privatization before purchasing new tracks. He is concerned for the population density the Armstrong project presents. This could have included apartments with three times the number of people. He would like to look into Planning and Zoning Ordinances in regard to noise and signage that are outdated. 6 February 23, 2004 Councilperson Fetz spent a day with the SWAT team and a day with the Police Chief and Assistant Chief. He is amazed at the need in Jeffersonville for a SWAT team. He would like to set up a workshop for proposals for the fire department. There will be a workshop March 1, 2004 at 6:30 P.M. to discuss these needs. Councilpersnn Wilson attended the Parks Board Meeting. There was a lot of discussion regarding the moving of the Youth Commission Director. She applauds the appointment of Kevin LeGrange to the Board by Mayor Waiz. She then read the mission statement from the Parks Department. Councilperson Wilson also went to the Street Department- Councilpersnn Grooms presented a mission statement. He asks for review and suggestions for adoption at the next meeting. Councilperson Perkins noted the UEZ Board has spent a lot of money over the last few years. He feels the Market and Spring Street parking lot needs to be improved. Council President McCanley commends Mayor Waiz for his work downtown. His efforts and timing have been outstanding. He hopes there will be a silver lining. Mayor Waiz armounced Mayor's Night In The Neighborhood will be held Thursday at 7:00 P.M. at Sacred Heart. He invites Councilperson Wilson and the at-large members. Mayor Waiz said Planning and Zoning Director Chris Padgett is working on a master plan. Crowe Chizek will be doing the financial review. They will meet with the financial committee. It was asked if the funds have been appropriated. The majority will be paid by Sewer Department will all departments contributing. The contract is not to McCauley asks that there be no duplications. exceed $15,000. Council President ome~ ,~ As there was no further business to c uncil, the meeting was adjourned 9:45 P.M. ~/ ROBERT L. WAIZ, MAYOR ATTEST: PEGGY ~gQI~DER, CLERK AND TREASURE Executive Session Memorandum The Jeffersonville Common Council met in Executive Session on February 23, 2004 at 6:30 p.m. o'clock in the Mayor's Conference Room, Fourth Floor, City- County Building, 501 East Court Avenue to discuss pending litigation. Les Merkley, City Attorney explained the litigation matters pending before the City of Jeffersonville. Please see the attached list of pending cases dated January 29, 2004. LDM/slk CITY OF JEFFERSONVILLE CASES PENDING January 29, 2004 1. Bridgeview 10C01-0203-PL230 Appellate Review Centerv. BZA Filed March 28, 2002 10A01-0211-CV-436 ~; DOR Petition for Writ of Certiorari Reply Brief filed March 5, 2003 2. Department of Justice Disability Section ADA Complaint DJ#204-26S- January 7, 2003 152 ADA Complaint- Response Filed March 6, 2003 3. Community Bank v. 10C01-0210-MF-740 Mortgage Foreclosure Haven House Clark Circuit Court October 18, 2002 4. GalvPro Bankruptcy Completed as to City August 10,2001 Property 5. First Savings v. Raney 10C01-0103-CP-159 Foreclosure Filed March 14, 2001 Sewer Claim: $1,662.71 6. Home Federal v. Briles 10D02-0301-MF-016 Foreclosure Clark Superior II Sewer Claim $1047.04 7. HUD v. Kempf HUD No. 2309 Foreclosure No outstanding claims 8. Lewis v. City BPW et al U.S. District Court Unlawful takings Claim 4:02-CV-0221 DFH arising from condemnation November 15, 2002 9. City v. Lewis U.S. District Court Environmental Endangerment Southern District of Indiana ~,ction 4:03-CV-0026SEB-WGH 10. Mortgage Electronics v. Clark Circuit Court Foreclosure Springer 10C01-0202-MF- 116 No outstanding claims Filed February 19, 2002 11. Nationscredlt Financial Clark Superior Court Foreclosure v. Wright 10D01-0107-CP 129 No outstanding claims Filed July 9, 2001 12. PNC Bank Clark Circuit Court Foreclosure v. Tyron Miller 10C01-0201-CC-064 Sewer Claim: $1,155.10 Filed March 18, 2002 13. 62 Properties v. Clark Superior Court No. 1 Complaint for Injunctive City of Charlestown, et al 10D01-0302-PL-31 Relief and Declaratory Filed Februa~ 13, 2003 Judgment 14. Hollis & Ward Clark Circuit Court Complaint for Declaratory vs. City and BPW 10C01-0303-PL-185 Judgment and to Appeal Filed March 14, 2003 Involuntary Taking of Land 15. Richard Lewnmn v. Clark Circuit Court Complaint for Declaratory City and BPW 10C01-0303-PL- 185 Judgment, Statutory Filed May 16, 2003 Reservation of Rights Pending Hearing and Complaint for Preliminary Injunction 16. David Francke v. Clark Circuit Court Complaint for Declaratory Filed May 23, 2002 Judgment City, PBW, et al 10C01-0205-PL-367 17. David Francke Clark Circuit Court Complaint for Appeal of v. City 10C01-0205-PL-366 Condemnation Filed May 23, 2002 18. Rodney Doss v. City Clark Superior I Complaint for Damages 10D01-0303-CT-053 Filed March 12, 2003 19. Tom Jones v. City Clark Circuit Court Complaint for Assault, 10D02-0304-CF-073 Conversion, Emotional Filed April 28, 2003 Distress and Negligence 20. Collier v. Indiana State 4:02-CV-156 Alleged Constitutional . Police, et al U.S. District Court Violations stemming from his AUgust 16, ~002 t~re being slashed at Jimmy parking Lot 21. First Savings Bank v. Clark Circuit Court Mortgage Foreclosure Lawrence R. Osborn 10C01-0311-MF-705 Filed November 12, 2003 22. Gilmore Construction, 10C01-0310-PL-631 Breach of Contract Inc. v. City Clark Circuit Court Filed October 18, 2003 2 -~. The Cit Group/Sales ~C01-0010-MF-00571 Financing, Inc. v. Arthur Clark Circuit Court Wilson et al Filed November 10, 2003 Received December 1, 2003 -~rtgage Foreclosure 3