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
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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
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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
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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.
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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
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-~. 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
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