HomeMy WebLinkAbout04-15-02 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
APRIL 15, 2002
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 the 15th day of April, 2002.
The meeting was called to order by Mayor Thomas R. Galligan, with Clerk and
Treasurer Peggy Wilder at the desk. Also present were City Attorney Anne Made
Galligan, and Deputy Clerk Barbara Hollis. Mayor Galligan welcomed all in attendance,
asking all those present to stand as Councilperson Ron Ellis gave the invocation. Mayor
Galligan 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 Ron Ellis, Les
Merkley, Denny Frantz, Rob Waiz, Barbara Wilson, Ron Grooms, and Vicki Conlin.
Absent: None.
Conncilperson Conlin made the motion to move Agenda item #16 to item #10A,
seconded by Conncilperson Merkley, passing unanimously. Councilperson Merkley then
made the motion to approve the agenda as amended, seconded by Councilperson Grooms,
passing unanimously.
Mayor Galligan presented the minutes of the meeting of April 1, 2002 for
consideration by the Council. Councilperson Grooms noted a correction on the first
page. Councilperson Wilson made the motion to approve the minutes as corrected,
seconded by Councilperson Merkley, passing unanimously. Conncilperson Grooms
made the motion to approve the minutes of the April 1, 2002 workshop as presented,
seconded by Councilperson Waiz, passing unanimously.
Clerk and Treasurer Wilder presented the claim list for consideration by the
Council. Councilperson Conlin questioned the claim for Attorney Jack Vissing saying
she had thought he would charge no more than $1,000. Councilperson Grooms did not
remember a cap, however he thought the hourly rate was agreed at $70. Councilperson
Ellis asked that the claim to Jacobi, Toombs, and Lanz be removed. Councilperson Ellis
April 15, 2002 Page 2 of fi
read a statement (attached). Council President Frantz said he did meet with Mr. John
Toombs and was provided with maps.
PUBLIC COMMENT:
Ms. Barbara Anderson, Executive Director of Haven House Services appeared
before the Council to commend Councilperson Conlin for presenting the Resolution
establishing a voluntary "admission" fee. Ms. Anderson encourages passage of the
Resolution saying this is a proactive way to bring awareness to hunger in the community.
STATE OF THE CITY UPDATE
Mr. Dustin White, Assistant to the Mayor, read the state of the City update
(attached).
AGENDA ITEMS:
Mr. Dennis Julius and Mr. Joe Lee appeared before the Council requesting
passage of Ordinance No. 2002-OR-10, An Ordinance Changing The Zoning Map
Designation Of A Certain Tract Of Property Being Part Of Lots Nos. Five (5) And Six
(6) Of Roselawn Subdivision. Ms. Debbie Zeller, a resident of #12B Roselawn Court
asked the Council not to approve the request stating her concerns of the upkeep of
property owned by Mr. Julius in the neighborhood. Ms. Barbara Anderson stressed the
need for low-income housing. Ms. Deanna Dean, a resident of #19 Roselawn Court
stated Mr. Julius has not been cooperative. Ms. Dean then read a statement (attached)
and presented a signed petition (attached) saying the restrictive covenants will be
enforced. Attorney Galligan stated the restrictions may have been waived as duplexes
exist in the neighborhood. Mr. Julius explained the plan for the neighborhood is to build
one duplex. At the conclusion of all discussion, Council President Frantz made the
motion to pass Ordinance No. 2002-OR-10, seconded by Councilperson Merkley.
Council President Frantz then made the motion to amend Ordinance No. 2002-OR-10 for
one duplex, contingent upon the recession of variances, seconded by Councilperson
Merkley, passing unanimously. Councilperson Waiz then made the motion to amend
Ordinance No. 2002-OR-10 to leave lot five only, and strike lot 6, seconded by Council
President Frantz, passing unanimously. Following the passage of amendments, the
motion to pass Ordinance No. 2002-OR-10 carried on a vote of 6-1. Councilperson
Grooms voted against passage.
April 15, 2002 Page 3 of 5
Ordinance No. 2002-OR-8, An Ordinance Of Additional Appropriation
(Cumulative Capital Improvement Fund) was presented for consideration. Attorney
Galligan explained the funds are necessary to be used as a match for federal funding.
Following discussion, Councilperson Grooms made the motion to amend Ordinance No.
2002-OR-8, to $225,000, seconded by Councilperson Merkley, passing unanimously.
Councilperson Grooms then made the motion to pass Ordinance No. 2002-OR-8 as
amended on the second and third readings, seconded by Councilperson Ellis, passing
unanimously.
Ordinance No. 2002-OR-9, An Ordinance Granting Petition To Vacate A Public
Way In The City Of Jeffersonville, was presented for consideration. Attorney Galligan
informed the Council the concerns of Mr. Phillips that were voiced at the previous
meeting have been resolved and Mr. Phillips now has no problem. Mayor Galligan asked
for public comment on the matter. There being no public comment, Council President
Frantz made the motion to suspend the rules for Ordinance No. 2002-OR-9, seconded by
Councilperson Ellis, passing unanimously. Councilperson Conlin then made the motion
to pass Ordinance No. 2002-OR-9 on all three readings, seconded by Councilperson
Wilson, passing unanimously.
Following discussion, Councilperson Merkley made the motion to table the
Council appointment to the Urban Enterprise Zone Board, seconded by Councilperson
Wilson, passing unanimously.
Ordinance No. 2002-OR-11, An Ordinance Establishing Longevity For City
Employees Other Than Police And Fire Officials, was presented for consideration. Clerk
Treasurer Wilder explained the need for passage. Councilperson Merkley then made the
motion to pass Ordinance No. 2002-OR-1! on the first reading, seconded by
Councilperson Waiz, passing unanimously.
Councilperson Conlin presented and read aloud Resolution No. 2002-R-17, A
Resolution Establishing A Voluntary "Admission" Fee To All City Events And Meetings,
explaining how this Resolution came about. The means of collection were discussed.
Ms. Barbara Anderson said she would be happy to help. Councilperson Grooms made
the motion to amend the Resolution at the bottom of page 1 to change admission to
collection site for voluntary contribution of non-perishable item, seconded by
April 15, 2002 Page 4 of 5
Councilperson Conlin, passing unanimously. Councilperson Contin then made the
motion to pass Resolution No. 2002-R-17 as amended, seconded by Councilperson
Grooms passing unanimously
Clerk Treasurer Wilder asked the Council to note the claim to Clark County
Health Care Clinic in the amount of $5,000. The line item in the budget only allows for
$1,000. Following discussion, Councilperson Conlin made the motion to table the Clark
County Health Care Clinic claim, seconded by Councilperson Grooms, passing
unanimously. Councilperson Ellis made the motion to remove the claim to Jacobi,
Toombs, and Lanz, seconded by Councilperson Merkley, passing on a vote of 6-1 with
Councilperson Merkley voting against. Councilperson Conlin made the motion to table
the claim to Attorney Jack Vissing, seconded by Council President Frantz, passing on a
vote of 4-3. Councilpersons Merkley, Ellis, and Wilson voted against. Councilperson
Grooms then made the motion to approve the claims as presented with the deletions and
corrections, seconded by Councilperson Waiz, passing on a vote of 6-1. Councilperson
Merkley voted against.
COUNCIL AND MAYOR COMMENTS:
Councilperson Grooms noted the upcoming "Taste of Jeffersonville" encouraging
Council attendance.
Councilperson Conlin noted the letter from Ice Miller that was included in the
Council packet. Councilperson Grooms stated he has a hard time with the fact that the
proceeds tkom the sale of the City-County Building have been put in the control of an
appointed board. Mr. Grooms has been a member of the Redevelopment Board and he
still feels this way.
Councilperson Ellis stated Mr. Toombs would not return his phone calls saying he
must have something to hide. Mayor Galligan said he takes offense to Mr. Ellis'
statement saying Mr. Toombs has nothing to hide, they are a very legitimate engineering
firm that has done a lot of very good work. They donated ail the engineering work for
the little league park.
Mayor Galligan noted the opening of the Little League Park saying all are
pleased, as it is a great place. The skate board park is not open yet but is being used and
April 15, 2002 Page 5 of 5
respected. Mayor Galligan noted the work on 10th Street has started and there will be
some inconvenience. He asks all to "bear with it".
There being no further business to come before the Council, the meeting was
adjourned at 9:05 P.M. ~ ~ ~
THOMAS R. GALLIG~N~AY~OR
ATTEST:
PEGGY ~I~DER, CLERK AND TREASURER
CITY OF JEFFERSONVILLE
OFFICE OF THE MAYOR
MAYOR'S REPORT TO THE COMMON COUNCIL
15 April 2002
Mayor Galligan, Council President Franz, Clerk/Treasurer Wilder,
Members of the Council, City Attorney Galligan, good evening.
Recently in the Galligan Administration:
· With the support of the Flint Group, the Administration was
able to submit for funding a number of projects which are
planned and or underway. We feel confident that in the face
of budgetary shortfalls on the federal level we will receive
support for one or more projects. The Administration thanks
Senators Bayh and Lugar in their efforts to help make the
City of Jeffersonviulle a better place to live
· I would like to take this opportunity to thank Ron Ellis for
being the only City Councilperson who officially submitted
in writing a list of projects to be considered during the next
Budget cy. qle; . ., . ,, .. , ,, n ~r--_ ~
· Last Saturday was Opening Day for Little League Baseball
with the Mayor as well as a representative from Meijer ed;[~
throwing opening pitches to the little leaguers. 7~
Sewer Board:
· EMC, PEH and Jacobi Toombs and Lanz, gave reports
Animal Shelter:
In an attempt to provide service more efficiently the Director of the
Animal Shelter will be implementing the following new
procedures:
· Payment for adopted animals will be made in cash and only
after all procedures have been completed and the animal is
ready to leave the shelter to go to its new home;
· Persons who wish to adopt an animal will be informed that
adoption is a privilege not a right;
· The Director will make all final decisions concerning
adoptions;
· There will be no stipulated timeframe for adoptions,
specifically, animals are available to be adopted once all
procedures are complete;
· All will have the option of submitting written complaints
about the Shelter directly to the Mayor.
If there are no questions from the Council this concludes my
report. Thank you.
THE
RON ELLIS
Councilperson 2® District
April 9, 2002
Councilpersons,
1610 Cameron Drive
Jeffersonville, IN 47130
(812) 282-564.1 Hone
(502) 727-6884 Mob [e
rman55 @aol.com
The Common Council of Jeffersonville never approved contracting with JTL to do redistricting
on its behalf. If it did, when and why wasn't all of the councilpersons made aware of this?
Unless the bill for the Commissioners was presented to the city by mistake, there is something
amiss in the presentation of this claim. I request an explanation for the blatant misinformation,
which has a direct impact on the people of the district I represent. What is the truth? Where is
the proof in the form of records and time-sheets to justify this claim?
Ronald G. Ellis
Council District II
I Sylvester Tutt confirm the conversation in which John Tombs stated that the only participation
JTL had in redistricting was to color the city map as instructed by Councilpers0n Frantz. I was
present when this conversation took place and swear to its factuainess.
On Wednesday, April 4, 2002, at 9:00 A.M. Sylvester Tutt and I met with John Tombs of JTL to
inquire about getting research and maps for redistricting. Mr Tombs told us that his firm did
nothing but color the maps as instructed by Councilperson Frantz. tt was impressed upon Mr.
Tutt and myself that JTL had nothing to do with the redistricting other than supplying the
numbers that were used by the Commissioners in redmwing the county council districts. Why
was a claim for these services submitted for payment ifJTL did not do this work? Who really
determined the suggested revisions in council districts?
Dear Rou,
The neighbors on Dutch Lane and Ros¢lawn Cott~ feel that having a cheaply
built and ugly duplex on lheir s~reet is not "the best they can do" despite
the vote that was token. Most are wondering why a meeting with the
neighbors was even requested since there were no changes in Mr. Julius'
design or parking and, at the meeting, he would not discuss the concerns of
the neighbors as to locution of the duplex, front parking, and storage
areas. Mr. Julius' intentions as to plans and number of duplexes has not
changed one iota from the very first meeting held at my house. Therefore, I
and the neighbors are asking you to vote "no" for the zoning change.
I, for one, do not want this very inadequate and ugly building directly
across from my house. I doubt very seriously if you would want such a
building situated across from your home which you would have to look at day
in and day out. In addition, with no garages or storage, these will attract
only itinerant, low-income people and will become quite messy and unkempt.
Mr. Julius and his realtor like to say that I paid too much for my house,
which probably represents the greatest outlay on the street. This house was
appraised by a hcensed real-estate apprmse who is better educated as to
property values than either of them. When I bought it, I was looking for an
exceedingly well-done house in an established and conservative neighborhood
that I could call "home." This house answered my needs, and I was thrilled
with the near proximity of theatres, shopping, and libraries. This proposed
building will quite definitely adversely affect the value of my home. I've
said it before, and I will say it again with emphasis: the city should
never allow the building of any type of structure that does not improve the
neighborhood in which it is built and, thereby, improve the entire city.
In addition, the neighbors are now convinced that Dennis Julius is not
going to stop with one duplex, despite the agreement to build one only.
There is a general feeling of distrust and betrayal since Mr. Julius made no
changes and offered us no solutions to our concertos. Most cities and
states try to attract retired people who bring money, expertise and taxes to
an area and put little or no drain on city services. This is an entire
neighborhood of such people, and they deserve better than a cheap duplex in
their midst that could very possibly change their way of life, and, at the
worst, cause them to have to seek housing elsewhere. A neighborhood loss of
property values would definitely not benefit Jeffersonville either. If the
Jeffersonville City Council votes this in, it is the death knell for the
neighborhood of Roselawn Court and Dutch Lane as it now exists.
I have no choice but to ask you to vote "no" for the proposed zoning
change.
Sincerely,
Janet Woodard
AGREEMENT
!of Lot 5 of .R. oselawn Subdivision, Jeffersonville, Indiana, 1203 Dutch Lane
R-3, Old City Residential, to M-l, Umited Multi-Family Residential, we,
agree to build only one building that will house~3nytw~
families~.,~, _
Signed_~ ~._~4/~,~/ Date ~-- I o -- o~.2~
Witn
/
Signed ~.4J~/ ? Date
Council Men and Women,
First of all, after speaking to 3 different attorneys, the agreement Dennis and Joe signed
isn't worth the paper it is written on.
Secondly, the residents are aware of the restrictive covenant which states; "Restricted to
single family dwellings not to exceed 21/2 stories in height. Not more than one dwelling shall be
erected on any lot." Those same attorneys also told us, the only way the covenant could be
broken was with 100% support from ALL residents. Our petition shows that 100% of the
residents are against these duplexes being built!! The restrictive covenants override all zoning
decisions and we have every intention to enforce them and file an injunction if necessary!!
WE DEMAND YOU VOTE AGAINST THESE ZONING CHANGES THEY REQUESTED!!
PETITION
We, t~ reside~ of Rose~ C~urt and Dmch ~e in
. oblig~ ~ every ~ of tfl~ city ~ not ~,~w
feel lhat lhe City of Jelfersonville h~ an
z~ing ~ that wi~ result ~n the depreciatio, n~ of
whole neighborhood. A ~ ca~ only progre~ if it's propelS. ~. ~..mcre_ase aha
quality of Ilfe of current residents ~ not adversl~.affec~..ed .by .~. d.ec~s~...s.
request for zoning change would be in'e ..Sl~n...sl~e. and not mn me
h~ o~. ~e~om, ~ humbly ~ t~ City' C~nctl of Jeff~ville,
c~ny l~ zoning chan~ reque~__f~ 2103 Dutch
ADDRESS
PETITION
We, the residents of Rosele~m Cou~ ~ Dutch Lane in lhe vicinity of 2103 Dutct Lane,
feel.that the City of .Jef[e. monvae has an ob~...tion ~ every dti~n of~is city to not~ ~10w
zoning changes that will result in the depreciation ,,o_f even one Imece ~ property let a one a
wh ,o~.. neighborhood. A city can only progress if it's property, vai. u~s..~n~_ and~ e
quaay of life of. current residents is not adversly affected by ~ decisions, ~o pass ~r is
request for zoning change would be irresponsible and _npt in ~e best ~ of the
deny lhe zoning change requested for 2103 Dutch Lane.
ADDRF_.SS