HomeMy WebLinkAbout10-04-2004COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
October4,2004
The Common Council of the City of Jeffersonville, Indiana met in regular session in
Room 308 in the City-County Building, Jeffersonvllle, Indiana, at 7:30 P.M. on Monday,
October 4, 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 Paralegal Sharon King. Mayor
Waiz welcomed all in attendance, asking all those present to stand as Councilperson Ron
Grooms gave the invocation. Mayor Waiz then asked ail those present to join him in the
pledge to the allegiance to the flag.
The roil was called and all council members were present.
Councilperson Grooms made the motion to remove agenda items Nos. 14, 15, 16,
and 17 to the October I8, 2004 meeting. Mayor Waiz explained that a workshop would be
scheduled prior to the next council meeting for further review of these items.
Councilperson Fetz seconded the motion, passing unanimously. Councilperson Grooms
made the morion to approve the agenda as amended, seconded by Councilperson Wilson,
passing unanimously.
Mayor Waiz presented the minutes of the meeting of September 13, 2004 and
Councilperson Wilson made a motion to approve the September 13, 2004 as presented,
seconded by Councilpefson Sellers, passing unanimously. Councilperson Wilson made a
motion to approve the September 20, 2004 minutes as presented, seconded by Council
President McCauley, passing unanimously. Councilperson Wilson made a motion to
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approve the ~vorkshop minutes of September 20, 2004 as presented, seconded by
Councilperson Fetz, passing unanimously.
Clerk Treasurer Wilder presented the claims list for consideration to the Council.
Councilperson Fetz requested clarification on the two code enforcement clakns to Don
Lanham Lawncare. Clerk Treasurer Wilder explained that the claims are for yard
maintenance and that the City would be reimbursed. Councilperson Fetz made a motion to
approve the claims list as presented, seconded by Councilperson Zastawny, passing
unanimously.
PUBLIC COMMENT:
Judy and Bill Martin, 2819 Hoskins Drive, expressed concern regarding the request
for a zorfing change at 2711 Highway 62 East. They told the Council that there is a
restrictive covenant regarding this property that has been successfully defended. They also
explained that they believe this zoning to be illegal spot zoning which is incompatible with
the surrounding area because the current land use is residential.
Michael Hutt appeared before the Council to express concern regarding the council's
vote on the Public Employees Retirement Fund ("PERF"). Mr. Hunt told the Council that
he didn't recall any campaign ads that say in the first eight months the council would vote
themselves a pension. He explained to the Council that PERF xvould not benefit the City.
Chad McCormick, FMSM Engineers, congratulated the City on the project to
renovate the Quadrangle.
Derek Spence spoke to the Council regarding PERF. He told the Council that he
concurred ~vith Mr. Hu'tt's comments regarding PERF. Mr. Spence explained to the Council
that he didn't hire city employees, but rather he elected public servants.
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AGENDA ITEMS:
No. 10 Resolution 2004-R-27 was open for discussion. In the absence of Spencer
Harmon, Barry Cahlll, Director, Department of Redevelopment, explained to the Council
that the appl/cant is Kellems & Coe Tool Corporation located in Northport at 2200
Centennial Blvd. He told the Council that no tangible personal property will be replaced by
the new manufacturing equipment and that the current number of total employees is 44.
Mr. Cahlll explained that the estimated cost of the new manufactm'ing equipment being
requested is $500,000.00 and that the estimated number of new permanent jobs to be
created by the addition of the new equipment within one year of completion is four and the
average annual salary is $32,180.00. Councilperson Perkins made the morion to approve
Resolution No. 2004-R-27, seconded by Councilperson Wilson and passing unanimously.
No. 11 Ordinance No. 2004-OR-59, An Ordinance changing the zoning map
designation of a certain tract of property with an address of 2711 Hwy. 62 E from R1: Low
Density Residential to CI: Small to Medium Scale General Commercial. John I<2raft, Young,
Lind, Endris & Kraft, on behalf of KentUckiana Laserwash, explained to the Council that
they are requesting approval of the zoning change from R1: Low Density Residential to CI:
Small to Medium General Commercial. He told the Council that the Jeffersonville Plan
Commission held a legally advertised public meeting and voted 7-3 to send this zone change
application to the Council with a favorable recommendation. Mr. Kraft explained to the
Council that this zoning change is in compliance with the City's Comprehensive Plan and
should be approved. Mr. Kraft also explained to the Council that nine out of the twelve
property owners have'signed a petition to waive the restrictive covenant pertaining to this
property at 2711 Hwy. 621~. Mr. Kraft told the Council that this application for rezoning
should be approved based on the Zoning Ordinance, the Comprehensive Plan, and the Staff
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Report. Councilperson Grooms made a motion to reject the zoning change, seconded by
Council President McCauley, passing 5-2. Council President McCauley explained that he
voted to reject the zoning change because it is a radical change and there are other
alternative uses for the property. He stated that a CI zoning classification is not acceptable.
Councllperson Fetz said it is a radical change that is not appropriate for this area.
Councilperson Wilson voted to reject the zoning change. Councilperson Perkins exphined
that he concurred with Councilperson Fetz noting that this is not responsible development
and growth for this area. Councllperson Grooms explained that he voted to reject the
zoning change because of his concerns for maintaining green space in the City and
protection of the environment. Councllperson Sellers voted to approve the zoning change
explaining that while she is an advocate of green space, that she recognizes this area is
becoming more and more commercial and that this zoning change is appropriate for this
property. Councilperson Zastawny explained that he voted to approve the zoning change
noting that he supports the recommendation of the Plan Commission. Counc/Iperson
Zastawny also explained that he is compelled to vote to approve the zoning change citing
the lack of overwhelming negative comment by the adjoining property owners.
No. 12 Ordinance No. 2004-OR-60, An Ordinance transferring certain funds ~vithin
same Department was presented to the Council by Chris Padgett, Director of Planning and
Development. Mr. Padgett explained to the Council that he will be leaving his position
October 20, 2004 and he is requesting the transfer of the funds to allow the/mmediate
hiring ora Zoning Code Enforcement Officer. Councllperson Fetz made a motion to
suspend the rules and'pass Ordinance No. 2004-OR-60 on all three readings, seconded by
Councilperson Wilson, passing 7-0. Councilperson Fetz made a motion to pass Ordinance
2004-OR-60 on ail three readings, seconded by Councilperson Wilson, passing 7-0.
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No. 13 · Ordinance No. 2004-OR-61, An Ordinance Amending Portions of
Ordinance No. 2003-OR-29, Fixing Basic Salaries of Appointed Officers and Employees of
the City of Jeffersonville, Indiana for the Year 2004. Mr. Padgett explained that he is
requesting the transfer of $2,100.00 from the Services Contractual Planner l/ne item for the
h/ring of the Code Enforcement Officer. Councilperson Perkins made a motion to suspend
the rules and pass Ordinance No. 2004-0R-61 on all three readings, seconded by
Councilperson Zastawny, passing 7-0. Council President McCauley made a motion to pass
Ordinance 2004-OR-61, An Ordinance Amending Portions of Ordinance No. 2003-OR-29,
FLxing Basic Salaries of Appointed Officers and Employees of the City of Jeffersonville,
Indiana for the Year 2004, seconded by Councilperson Grooms, passing 7-0.
No. 18 Ordinance No. 2004-OR-62, Ordinance for Additional Appropriation.
Peggy Wilder explained to the Council ~hat this is an appropriation from the General
Fund Common Council Budget for the purpose of liability insurance. Councilperson
Perkins made a motion to suspend the rules and pass Ordinance No. 2004-OR-62 on alt
three readings, seconded by Councilperson Wilson, passing 7-0. Councilperson Perkins
made the motion to pas~ Ordinance No. 2004-OR-62, seconded by Councilperson
Wilson, passing 7-0.
No. 19 Resolution No. 2004-R-28, A Resolution to Support the Relocation of
Jeffersonville City Hall. Councilperson Zastawny made a motion to pass Resolution
2004-R-28. He explained that the current location has many shortcomings including but
not limited to parking, employee overcrowding, antiquated communications systems,
poor audio/visual presentation facilitieS, poor functional design, and obvious age related
war and tear. Councilperson Zastawny further explained that this resolution is not meant
to limit or support the relocation of City Hail to any particular location or building but
rather to show.the City Council's consensus to the citizens of Jeffersonville an to the
Mayor for the relocation of City Hall. Councilperson Perkins seconded the motion,
passing 7-0.
No. 20 Resolution No. 2004-R-29, Resolution to Support the Relocation of
Jeffersonville City Hall to the Center Building of the Newly Renovated Quartermaster
Complex. Councilperson Zastawny made a motion to pass Resolution 2004-R-29. He
explained that the City has no equity in the City-County Building and that it would be
beneficial to support the relocation of the Jeffersonville City Hall to the center building of
the renovated Quartermaster complex after being properly renovated to support the daily
operation of the city government. He further explained that this Resolution is not meant
to limit the City's relocation options but to support the Mayor in the negotiations to
relocate the city offices. Councilperson Fetz seconded the motion, passing 7-0.
No. 21 Resolution No. 2004-R-30, A Resolution Amending Resolution 2004-R-
22, A Resolution Determining Common Council Eligibility for Public Employees'
Retirement Fund ("PERF"). Les Merkley, City Attorney explained to the Council that
the PERF administration required Resolution 2004-R-22 be amended to include language
stating that the council position is a full-time position. He told the Council that
approximately 50% of the city councils statewide are eligible to receive PERF and that
the County Council that meets one time a month also received PERF. Councilperson
Perkins made a motion to approve Resolution No. 2004-R-30, seconded by Council
President McCauley. Council President McCauley explained that any service prior to
1992 must be reimbursed to the City. The motion passed 4-3. (Councilperson Fetz,
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Perkins, Wilson and McCanley voted to approve the resolution and Councilpersons
Sellers, Grooms and Zastawny voted to reject the resolution.)
Council and Mayor Comments:
Council President McCauley explained that he disagreed with the comments that the
Council had violated the Open Door Policy.
Councilperson Perkins explained that there are exceptions to the Open Door Policy and
that doesn't believe the Council violated the Open Door Policy.
Councilperson Zastawny expressed concern regarding the City's outdated
Comprehensive Plan and recommended the Plan be updated and zoned accordingly.
Councilperson Fetz said he concurs with Councilperson Zastawny regard the relocation
of City Hall and the Comprehensive Plan.
Mayor Waiz explained that the outgoing planning director had plans to update the
Comprehensive Plan and the new director ~vill undertake that project.
Mayor Waiz and the Council thanked Chris Padgett, Director of Plarming and
Development for his service to the City and wished his good luck in the future.
Mayor Waiz commented on the positive article in the Evening News regarding Council
President McCauley.
As there was no further business to come before the Council, the meeting was adjourned
at 9:55 P.M. /~~
~ RO(~ERT'~L. ¢ JR., MAYOR
ATTEST:
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PEGGY '~01tL~ER
CLERK AND TREASURER.
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CITY OF JEFFERSONVILLE COMMON COUNCIL
Monday, October 4, 2004.
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