HomeMy WebLinkAbout08-16-2004 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
· August 16, 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 August 16, 2004.
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.Itollis. Mayor Waiz welcomed all ~n attendance, asking all those present to stand
as Pastor Kal Carey 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. Ron Grooms, and Phil McCauley.
Absent: Councilperson Ed Zastawny.
Councilperson Wilson made the motion to approve the agenda with the deletion
of agenda item #15, #17, and #18, adding #18A an ordinance regarding PERF and agenda
item #18B a Resolution regarding authorization to bid on eqmpment, second by
Councilperson Perkins, passing on a vote of 6-0.
Mayor Waiz presented the minutes of the meeting of Augusff2, 2004. and the
workshop of July 20, 2004 for approval. Councilperson Wilson made the motion to
approve the minutes of the August 2, 2004 meeting as presented, second by
Councilperson Grooms, passing on a vote of 6-0. Councilperson Wilson then made the
motion to approve the minutes of the July ¢0. 2004 workshop, second by Councilperson
Fetz, passmg on a vote of 6-0.
Clerk Treasurer Wilder presented the claim list for consideration by the Council,
explaining three additional claims. Councilperson Perkins made the motion to approve
the claims as well as the additional as presented, seconded by Councilperson Sellers
passing on a vote of 6-0.
August 16, 2004 2
PUBLIC COMMENT:
Mr. Ron Smith distributed copies of two Evening News articles to the Council.
He is concerned with the expense of running sewers beyond the city limits. He feels the
proposed increase in sewer rates is grossly unfair. He then referred to the Sellersburg
plan proposing Jeffersonville do the same, by raising tap-in fees and charging new users
for the cost of a new plant. Mr. Smith oWns property 2 blocks bom the city limits and
cannot get sewers while there are sewers 8 miles out. He asks the Council to take care of
Jeffersonville. Attorney Merkley noted the proposed sewer rate ordinance has been
removed fi'om this meeting's agenda as the Public hearing regulations have not been met.
The public hearing has been scheduled for September 13, 2004.
Ms. Patricia Lowry said she agrees with Mr. Smith that the rate increase will be
difficult for some. Ms. Lowry said her raise in Social Security payments did not cover
the increase in Medicare and supplemefital health insurance. Ms. Lowry is also
concerned the City is applying for a $30,000 grant to study parking in doWntown
Jeffersonville. She realizes this is not Ci!y money, .it is money that some taxes pay.
Mayor Waiz said parking is needed noting changes to downtown. The grant money is
available and if Jeffersonville does not get it another community will. Mayor Waiz also
noted the businesses affected by the recent fire have decided to rebuild in downtown. He
wants to keep th/ngs moving.
Mr. Phil Ellis, representing community Action Southern lndigna, asked the
Council to consider adding a CASI member to the proposed Ordinance regarding the
social status of African American Males.
Mr. John Briles distributed pictures depicting the illegal dumping that is taking
place behind Parkview School. He suggest~ cables be put up. Mayor Waiz promised to
see that the area is cleaned and preventive measures taken.
Mr. Roland Robertson, 2201 Utica :Pike, appeared before the Council regarding
the proposed rezoning before the Council tonight. He feels the project wilt jeopardize the
neighborhood and the area will lose its charm and character. He asks the Council to
please consider the existing neighborhood, as it does not fit. Attorney Merkley noted this
is a public heating and comments will be requested when the Ordinance is considered.
AGENDA ITEMS:
August 16, 2004 3
Mr. Mark Beville appeared before the Council to request passage of Ordinance
No. 2004-OR-47, An Ordinance Granting Petition To Vacate A Public Wav In The City
Of Jeffersonville. Mr. Beville explained the area and his intention to build a garage. He
has maintained the property for many years. He appeared last year with this request and
it had passed on the first reading, later to be denied. Mayor Waiz said Jacobi. Toombs,
and Lanz Engineers did not recommend the area be vacated. Council President
McCauley has concerns for the drainage in the area. Councilperson Grooms would like
to talk with City Engineer Miller. Public comment was requested. As there was no
public comment, Councilperson Sellers made the motion to table Ordinance No. 2004-
OR-47, second by Councilperson Wilson, passing on a vote of 6-0.
Mr. Alan Applegate, Attorney representing Cherokee Rivers LLC, appeared
before the Council to request passage of Ordinance No. 2004-OR-48, An Ordinance
Changing The Zoning Map Designation Of'A Certain Tract Of Property Known As 2307
Utica Pike In The City Of Jeffersonville From RI: Low Density Residential To PD-R1:
Planned Development-Low Density Residential. Mr. Applegate distributed a detailed
development plan of Pen-in Point, A Planned Development In Jeffersonville, Indiana
along with a brochure from The Estopinal Group. All trees removed from the property
will be replaced 2-1. The Perrin house will be razed if not g~ven away for moving. Mr.
Applegate does believe the adjacent property values will be enhanced, as each unit will
be prided from $280,000 to $300,000. The set back hag been considered by the
Ordinance. The group would have received automatic approval from the Plan
Commission, with no Council approval necessary, for a subdivision. Mr. Applegate asks
the Council to follow the Plan Commisston recommendation. Mr. Elmer Hoehn appeared
before the Council to request the Council deny or table this Ordinance. as there are
subjects yet to be discussed. The time is 'not ri~t for decision. Mr. Hoehn reviewed
some of the history of the property including comment this may be the burial site of
Michel Lacassagne, has ties to George Washington's family as well as Lewis and Clark.
Mr. Greg Sekula of Historic Landmarks Foundation of Indiana, 115 West Chestnut,
stated he is concerned about the fate of the Pen'in House. This house is eligible for listing
on the National Historic Registry. He is working with other groups for the relocation of
the house. Mr. Sekula believes the house may be moved in close proximity for $60,000
August 16, 2004 4
to $70,000. Mr. Sekula reviewed some history of the area. He thanks Mr. Harding and
Mr. Johns for their time in meeting with him regarding moving the house. Mr. Don
Dooley, a resident of Perrin Lane questions what sewer line will be used. Mr. Applegate
reviewed the three options available. Mr. Roger Caldwell asked where these questions
were when Perrin Park was developed. CoUncil President McCauley said the Perrin Park
Board believes the cemetery is outside the park fence. The park was the dream of
Katherine and Duley Perdn. Councilperson Perkins distributed copies of a map from a
County deed book that refers to a graveyard. He is personally not opposed to this
development in general. He does have some concern for the density. Attorney Merkley
said, by State Statute, the DNR must be involved when there is any building within 100
feet of a burial site. Mr. Hoehn again said there are so many questions to be answered.
Mr. Applegate said the comments show a concem for the community. This is a private
piece of property and not a public shrine. Councilperson Sellers asked when building
would start. Mr. Applegate answered mid-September. Director Chris Padgett said the
project has yet to be approved by the Drainage Board and Plat Review Board.
Councilperson Perkins is concerned for sewers and the cemetary; he is not opposed to
development. Councilperson Perkins made'.the motion to table Ordinance No. 2004-OR-
48, second by Councilperson Wilson. Mr.i Harding commented there are sewers on his
property next door. The motion to table failed on the following roll call vote: Ax)es: Councilpersons Perkins and Wilson.
Nays: Councilpersons Fetz, Sellers, Grooms, and McCanley.
Councilperson Grooms then made the motion to pass Ordinance No. 2004-OR~48,
second by Councilperson Fetz. Council Prdsident McCauley said this has been one of the
more difficult issues he has experienced. He has looked at the fact that the developers
have followed the roles and have receive~d Plan Commission approval. He feels the
project has more plus than minus. The DNR and Health Department can fend for
themselves. He was a friend 'of Duley Pen'in who was a developer. Councilperson
Wilson stated she does like the plan and feels it will add to the district. She does wish the
homes could be pushed back from the road. She has some concerns for some of the
questions raised. Councilperson Grooms compliments all who spoke on both sides of the
August 16, 2004
issue. He has looked at the facts and the leghl issue. Following all comments, Ordinance
No. 2004-OR-48 passed on the following roll call vote:
Ayes: Councilpersons Fetz, Sellers, Wilson, Grooms, and McCauley.
Nays: Councilperson Perkins.
Mayor Waiz thanked all who came out and commented.
Ms. Julie McCoy, representing sunnyside Realty, appeared before the Council
explaining the need for passage of Ordinance No. 2004-OR-49, An Ordinance Changing
The Zoning Map Designation Of A Certain Tract Of Property Known As 1564 E. Tenth
Street In the City Of Jeffersonville From C2: Medium To Large Scale General
Commercial To CI: Small To Medium Sc, ale General Commercial. This did receive
unanimous approval from the Plan CommisSion. Councilperson Fetz made the motion to
pass Ordinance No. 2004-OR-49, second bY Councilperson Wilson. Mayor Waiz asked
for comment. As there was no comment the moti0n carried on a vote of 6-0.
Attorney Merkley explained Ordiffance No. 2004-OR-50, An Ordinance For
Establishment Of Local Advisory Commission On The Social Status Of Black Males. It
was agreed to amend Section 6 to include o~ne member of CASI, bringing the total board
to 13 members, and Section 12 to set a budget of up to $500 year. There is a need to
assure black males are represented on the board. The Common Council shall appoint two
African American members. Following all~ comments, Councilperson Perkins made the
motion to suspend the rulSs for Ordinance No. 2004-OR-50, second by Councill~erson
Fetz, passing on a vote of 6-0. Councilperson Perkins then made the motion to pass
Ordinance No. 2004-OR-50 on all three r,eadings, second by Councilpersons Fetz and
McCauley, passing on a vote of 6-0.
Attorney Merkley explained Ordinance No. 2004-OR-51, Tax Anticipation
Warrant Ordinance. Councilperson Perkins made the motion to suspend the rules for
Ordinance No. 2004-OR-51, second by CoUncilperson Grooms, passing on a vote of 6-0.
Councilperson Perkins then made the motign to pass Ordinance No. 2004-OR-51 on all
three readings, Second by Councilperson Sellers, passing on a vote of 6-0.
Ordinance No. 2004-OR-52, Ordinance Of Appropriations And Tax Rates, was
presented. Councilperson Fetz made the motion to pass Ordinance No. 2004-OR-52 on
the first reading, second by Councilperson Sellers, passing on a vote of 6-0.
August 16, 2004 6
Councilperson Perkins made the motion to pass Resolution No. 2004-R-22, A
Resolution Determining Common Council Eligibility For Public Employees' Retirement
Fund ("PERF"), second by Councilperson Wilson, passing on a vote of 6-0.
Councilperson Perkins made the motion to pass Resolution No. 2004-R-23, A
Resolution Authorizing Street Commissioner Ellis To Bid On Equipment, second by
Councilperson Wilson. passing on a vote of 6-0.
CLERK TREASURER COMMENTS:
Clerk 'lreasurer Wilder reminded th.e, Council she needs a copy of all information
discussed at each meeting so it may be available for the public.
COUNCIL AND MAYOR COMMENTS;
Councilperson Perkins said he enjbyed tonight's meeting. All can agree to
disagree.
Councilperson Grooms would like leaf pick-up information. He would like to
know the policy for trash pick-up for businesses.
Council President McCauley announced a workshop, August 23, 2004 at 5:00
P.M. in the Mayor's Conference Room
Mayor Waiz will hold the next "Mayor's Night-In" on August 26, 2004 at 6:00
P.M. in Rolling Fields. He appreciates all who attended tonight, wishing all a safe trip
home. 7ome~e
As there was no further business Council, the meeting was
adjourned 9:35 P.M.
ROBERT L. W'AIZ, MAYOR
ATTEST:
PEGGY WILDER, CLERK AND TREASURER