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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