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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 1 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. 2 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 3 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. 4 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, 6 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: 7 PEGGY '~01tL~ER CLERK AND TREASURER. 8 CITY OF JEFFERSONVILLE COMMON COUNCIL Monday, October 4, 2004. Public Comment Sign In Name Subject