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HomeMy WebLinkAbout09-13-2004 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA September 13, 2004 The Common Council of the City of Je£fersonville, 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, September 13, 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 Hollis. Mayor Waiz welcomed all in attendance, asking all those present to stand as Councilperson Perkins 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, Ed Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Run Grooms, and Phil McCauley. Absent: None Cotmcilperson Sellers made the motion to approve the agenda with the addition of agenda item #15A Construction Site Runoff Ordinance, #15B Stormwater Illicit Discharge Ordinance, and #15C Maximum Levy Appeal Resolution, second by Councilperson Grooms, passing on a vote of 7-0. Clerk Treasurer Wilder presented thb claim list with one additional claim in the amount of $1,000 for consideration by the Council. Following discussion, Councilperson Perkins made the motion to approve the claims with the addition of the $1,000, and the deletion of the Walnut Ridge claim from the Riverfront Fund, seconded by Councilperson Sellers passing on a vote of 7-0. PUBLIC COMMENT: Mr. Robert Roth, 2116 Hamburg Pike, expressed concern regarding a drainage problem that has caused damage to his driveway. He feels the sewer contractor should be responsible. Mayor Waiz will look into the matter Mr. Ron Smith feels it is utterly ridiculous for the Council to consider moving City offices to the Quadrangle. He feels the biggest bargain is to leave the offices where they are. September 13, 2004 2 DEPARTMENT HEAD REPORTS: Mr. Nathan Samuels, Department of Redevelopment Commission member, reviewed a report from the Hoagland Group regarding the Quartermaster. The first tenant will be Ottawa University on October 1. Others are to follow. He is excited about the new tenants. The Redevelopment Commission is focusing on Veterans Parkway. The Commission is interested in supporting any thoughts to move Jeffersonville forward. AGENDA ITEMS: Mayor Waiz said he has been looking at a sewer rate increase since February. The original proposed rate increase from Crowe Chizek was for a 55% increase; it is now down to 35%. Mayor Waiz then introduced Mr. Jorge Lanz of Jacobi, Toombs and Lanz, Mr. Mark Sneeve representing Strand & Associates, and Mr. John Skomp representing Crowe Chizek. Mr. Lanz in his presentation said this is a proactive 20~year plan for the City. Mr. Sneeve gave a power point presentation of the problems and proposed corrections and expansion. Mr. John Skomp gave a financial overview for a $67 million 20-year project; $30 million for expansion and $37 million for upgrades. Mr. Larry Wilder, attorney, reviewed an agreement between Gilmore Construction and The City of Jeffersonville. Mr. Wilder urged the Council to pass the proposed Ordinance. Councilperson Grooms asked it EDIT funds could be used for this purpose. Mr. Skomp said some areas have used EDIT funds to support infrastructure improvements for a specific project. Council President McCaule~ said he would like to see a tap-in fee increase study. PUBLIC HEARING: Mr. Grant Morten said he has a connection with the Hughes Group. He is not so opposed to the rate increase as to what will be done with it. He would like the City to look at State Revolving Loan Funds. Mr. Ron Smith asked who will sue if tap-in fees are increased. He was told it would be builders. The Council needs to get busy and raise the tap-in fees closer to surrounding communities. Mr. Tony Lytle asked if there were arrears in sewer fees, suggesting the water be turned off for those that don't pay the sewer bill. Mayor Waiz is going to address the fees that are in arrears. Mr. Lytle does have a concern for the elderly. September 13, 2004 3 Mr. C. F. Koerner is concerned for rental property owners. He has no problem with the sewer bill but says quit tacking on other fees. Mr. Charlie Reisert appeared before the Council representing the Cherry Hill Association of 260 households. Thc association appreciates the help and cooperation fi'om the City. He does commend the City for facing problems. He is concerned for those on fixed incomes asking the increase be done gradually. Mr. John Skomp said a public hearing would have to be held with each increase. Ms. Patricia Lowery asked if the increase would go to apartment buildings. She was told the increase would go to each water meter reading. Mr. Jay Ellis spoke about unplanned growth (Sprawl). To expand coverage is to aid growth. He feels the system should be fixed first. There is the EPA issue. Mr. Ellis would like to know how the new plant relates to the City's comprehensive plan. Residential growth does cost the City. He would like to have the City look at fixing the existing plant first and pay for a new plant with impact fees. Mr. Paul Slider spoke of the hardship on those on fixed incomes with the added wheel tax, and increases in health insurance and Medicare. Mr. Monty Snelling questions the overflow times. He asks the Council to take extra time and study all options, urging all to "think outside the box". Mr. Joseph Morgan asked if the local income tax could be used. He said he had planned originally to voice opposition to the in6rease, but it looks like users will ipay more down the road if rates are not increased now. As there was no more public comment to be heard, a recess was called for at 10:20 P.M. The meeting resumed at 10:30 P.M. Mayor Waiz said he appreciated all the hard work that has been done on the sewer rate information noting an IDEM official had also been to Jeffersonville. This is a very serious matter, Councilperson Perkins made the motion to table until the next meeting, Ordinance No. 2004-OR-46, An Ordinance Amending Portions Of Ordinance No. 98- OR-26 Establishing Sewer Rates For The City of Jeffersonville, second by Councilperson Sellers, failing on the following roll call vote: Ayes: Councilpersons Perkins and Sellers. September 13, 2004 4 Nays: Councilpersons Zastawny, Fetz, Wilson, Grooms, and McCauley. Councilperson Fetz then made the motion to pass Ordinance No. 2004-OR-46 on the second and third readings saying it is his intention to vote against passage, second by Councilperson Grooms. Council President McCauley expressed fears if this is delayed as he does not feel bonds can be floated at an increase below 35%. He feels the City is on dangerous grounds. Defeat of this Ordinance is dangerous and reckless. Councilperson Perkins said his district will be the hardest hit by an increase. It would be hypocritical to vote against the increase as the need for improvement is the most in his district. Mayor Waiz stated it would be a irresponsible and reckless decision to turn this increase down, suggesting the Sewer Board may be discussing a moratorium on tap ins at its next meeting. The following roll call vote was taken to pass Ordinance No. 2004-OR-46 on the second and third readings: Ayes: Councilpersons McCauley, Wilson, and Perkins. Nays: Councilpersons Grooms, Sellers, Fetz, and Zastawny. Councilpersons Grooms and Sellers voted no, noting the need for more information. Mayor Waiz then asked if information meetings need to be conducted in Councilperson's homes? Council President McCauley said he understands the Mayor's anger, but does defend the Council's work ethic. Clerk Treasurer Wilder reviewed the changes to Ordinance No. 2004-OR-52, 2005 Budget Ordinance. This does include a 3% salary increase. Council President McCauley reviewed the work to this point noting it is currently $125,000 over the maximum levy. Councilperson Perkins made the motion to pass Ordinance No. 2004- OR-52 on the second reading, second by Council President McCauley, passing on a vote of 7-0. Ordinance No. 2004-OR-53, An ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City of Jeffersonville, Indiana For The Year 2005 was presented. Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-53 on the first reading, second by Councilperson Zastawny, passing on a vote of 7-0. Clerk Treasurer Wilder explained the need for passage of Resolution No. 2004- OR-24, A Resolution Of Additional Appropriation. Councilperson Perkins made the' September 13, 2004 5 motion to pass Resolution No. 2004-R-24, second by Councilperson Wilson, passing on a vote of 7-0. Clerk Treasurer Wilder next explained the need for passage of Ordinance No. 2004-OR-54, An Ordinance Transferring Surplus Funds From The Cumulative Capital Improvement Fund To The General Fund. Councilperson Perkins made the motion to pass Ordinance No. 2004-OR~54 on the first reading, second by Council President McCauley, passing on a vote of 7-0. City Attorney Merkley explained the need for passage of Ordinance No. 2004- OR-55, Stormwater Illicit Discharge Control Ordinance. Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-55 on the first reading, second by Councilperson Wilson, passing on a vote of 7-0. City Attorney Merkley next explained the need for passage of Ordinance No. 2004-OR-56, Construction Site Runoff Control Ordinance. Councilperson Wilson made the motion to pass Ordinance No. 2004-OR-56 on the first reading, second by Councilperson Sellers, passing on a vote o~' 7-0. Council President McCauley explained the need for passage of Resolution No. 2004-R-25, Resolution To Appeal Maximum Levy. Council President McCauley made the motion to pass Resolution No. 2004-R-25, second by Councilperson Grooms, passing on a vote of 7-0. CLERK TREASURER COMMENTS: COUNCIL AND MAYOR COMMENTS: Councilperson Perkins asked if one Councilperson that voted nay on Ordinance No. 2004-OR-46 (Sewer Rates) would consider abstaining. Councilperson Grooms said he does not have concerns that rates have to be raised and sewers have to be fixed, he is not convinced this is the right way. Councilperson Perkins said there are many problems, a rate increase is coming and the longer it is put off the more it will cost. Following discussion, Councilperson Sellers made the motion to reconsider Ordinance No. 2004-OR-46, second by Council President McCauley, passing on the following roll call vote. Ayes: Councilpersons Perkins, Sellers, Wilson, and McCauley. Nays: Councilpersons Zastawny, Fetz, and Grooms. September 13, 2004 6 Councilperson Perkins made the motion to table Ordinance 2004-OR-46 until the next meeting, second by Council President McCauley, passing on the following roll call vote: Ayes: Councilpersons McCauley, Wilson, Sellers, and Perkins. Nays: Councilpersons Grooms, Fetz, and Zastawny. Councilperson Wilson said she will have copies from the Parks meeting for the Council next Monday. Councilperson Wilson said the dedication of the Warder Park gazebo last Friday night was nice. Council President McCauley said he respects all viewpoints. The council has worked hard at trying to live up to their elected responsibilities. The proposed increase only has been tabled, not the construction ora new plant. If he thought that was the vote tonight he would have voted the other way. He commends the courage of the Council. As there was no further business to co~e~cil,--//the meeting was adjourned 11:25 P.M. ROBERT L. WAIZ,.qVIA¥OR- ATTEST: PEG-G'Y k~i~DER, CLERK AND TREASURER NOTICE TO ALL PERSONS CONCERNED Notice is hereby given that on September 13, 2004 at 7:30 o'clock p.m. in the Multi- Purpose Hearing Room on the Third Floor of the City-County Building at 501 ~-ast Court Avenue, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, Indiana, intends to consider Ordinance No. 2004-OR-46, An Ordinance Amending Portions of Ordinance No. 98-OR- 26, which, if adopted, would increase the rates and charges to customers of the City of Jeffersonville Indiana, Sewage Works Utility. The proposed rates are as follows: (a) Metered Water Users: The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges, as the same is measured by the water meter there in use, subject tO a minimum charge, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read periodically, either monthly or such other period as is established by the Board of pUblic Works. The water usage schedule on which the amount of said rates and charges shall be determined is as follows: (1) inside the City limits of the City of Jeffersonviile: (i) Metered Rates: Average Quantity of Water Used Per Month First 1000 cubic feet 1001 to 11,000 cubic feet Over 11,000 cubic feet (ii) Minimum Charge Monthly Rate Per 100 Cubic Feet Char.q~ $ 3.36 $3.13 $ 2.89 Rate Per Month Charf:le Per month $ 11.66 (2) Outside the City limits of the City of Jeffersonvitle Metered Rates: Average Quantity of Water Used Per Month First 1000 cubic feet 1001 to 11,000 cubic feet Over, 11,000 cubic feet (ii) Minimum Charge Monthly Rate Per 100 Cubic Feet Charg~ $ 5,04 $ 4.71 $ 4.58 Rate Per Month Charqe Per month $ 17.48 lb) Unmetered Water Users: For single family residential users of the sewage works that are unmetered water users or for whom accurate meter readings are not available, the monthly charge shall be determined as an average of single family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month. The rate shall be as follows: (1) Inside the City limits of the City of Jeffersonville: (2) .Charqe Per month $ 24.35 Outside the City limits of the City of Jeffersonville: _Charqe Per month $ 36.48 Normal domestic waste strength sewage should not exceed a biochemical oxygen demand of 244 milligrams per liter of fluid, suspended solids in excess of 233 milligrams Per liter of fluid or ammonia nitrogen in excess of 20 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis: (1) Rate Surcharqe Based Upon Suspended Solidc There shall be an additional charge of 30 cents per pound of suspended solids for suspended solids received in excess of 233 milligrams per liter of fluid. (2) Rate Surcharqe Based Upon BCD There shall be an additional charge of 30 cents per pound of biochemical oxygen demand for BCD received in excess of 244 milligrams per liter of fluid. (3) Rate Surcharqe Based Upon NH3N There shall be an additional charge of 1.01 cents per pound of ammonia for NH3N received in excess of 20 milligrams per liter of fluid. All interested persons are invited to attend and be heard regarding this matter. This Jeffersonville Common Council meeting may be continued from time to time as found necessary. The Jeffersonville Common Council may take official action at the conclusion of debate at this meeting. This ordinance is available for public view in the office of the Clerk and Treasurer, City- County Building, Room 421, Monday through Friday from 8:30 a.m. to 12:00 Noon, and from 1:00 p.m. to 4:00 p.m., and will be in full force and effect upon its timely promulgation. Such notice given and posted this 13th day of August ,2004. . Peggy Wil~'"'~.) ~ Jeffersonville Clerk-Treasurer NOTICE TO ALL PERSONS CONCERNED Notice is hereby given that on September 13, 2004 at 7:30 o'clock p.m. in the Multi- Purpose Hearing Room on the Third Floor of the City-County Building at 501 ~-ast Court Avenue, Jeffersonville, indiana, the Common Council of the City of Jeffersonville, indiana, intends to consider Ordinance No. 2004-OR-46, An Ordinance Amending Portions of Ordinance No. 98-OR- 26, which, if adopted, would increase the rates and charges to customers of the City of Jeffersonville indiana, Sewage Works Utility. The proposed rates are as follows: (a) Metered Water Users: The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges, as the same is measured by the water meter there in use, subject to a minimum charge, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read periodically, either monthly or such other period as is established by the Board of Public Works. The water usage schedule on which the amount of said rates and charges shall be determined is as follows: (1) inside the City limits of the City of Jeffersonville: (i) Metered Rates: Average Quantity of Water Used Per Month First 1000 cubic feet 1001 to 11,000 cubic feet Over 11,000 cubic feet (ii) Minimum Charge Monthly Rate Per 100 Cubic Feet Charge $ 3.36 $3.13 $ 2.89 Rate Per Month Charf:le Per month $ 11.66 (2) Outside the City limits of the City of Jeffersonville (i) Metered Rates: Average Quantity of Water Used Per Month First 1000 cubic feet 1001 to 11,000 cubic feet Over 11,000 cubic feet (ii) Minimum Charge Monthly Rate Per 100 Cubic Feet Charge. $ 5.04 $ 4.71 $ 4.58 Rate Per Month Charqe per month $ 17.48 (b) Unmetered Water Users: For single family residential users of the sewage works that are unmetered water users or for whom accurate meter readings are not available, the monthly charge shall be determined as an average of single family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month. The rate shall be as follows: (1) Inside the City limits of the City of Jeffersonville: (2) Charqe Per month $ 24.35 Outside the City limits of the City of Jeffersonville: Charqe Per month $ 36.48 Normal domestic waste strength sewage should not exceed a biochemical oxygen demand of 244 milligrams per liter of fluid, suspended solids in excess of 233 milligrams per liter of fluid or ammonia nitrogen in excess of 20 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis: (1) .Rate Surcharqe Based Upon Suspended Solidc There shall be an additional charge of 30 cents per pound of suspended solids for suspended solids received in excess of 233 milligrams per liter of fluid. (2) .Rate Surcharqe Based Upon BOD There shall be an additional charge of 30 cents per pound of biochemical oxygen demand for BOD received in excess of 244 milligrams per liter of fluid. (3) Rate Surcharqe Based Upon NH3N There shall be an additional charge of 1.01 cents per pound of ammonia for NH3N received in excess of 20 milligrams per liter of fluid. All interested persons are invited to attend and be heard regarding this matter. This Jeffersonville Common Council meeting may be continued from time to time as found necessary. The Jeffersonville Common Council may take official action at the conclusion of debate at this meeting. This ordinance is available for public view in the office of the Clerk and Treasurer, City- County Building, Room 421, Monday through Friday from 8:30 a.m. to 12:00 Noon, and from 1:00 p.m. to 4:00 p.m., and will be in full force and effect upon its timely promulgation. Such notice given and posted this 13th. day of. August ,2004. Jeffersonville Clerk-Treasurer NOTICE. TO ALL PERSONS CONCERNED Notice is hereby given that on September 13, 2004 at 7:30 o'clock p.m. in the Multi- Purpose Hearing Room on the Third Floor of the City-County Building at 501 East Court Avenue, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, indiana, intends to consider Ordinance No. 2004-OR-46, An Ordinance Amending Portions of Ordinance No. 98-OR- 26, which, if adopted, would increase the rates and charges to customers of the City of Jeffersonville Indiana, Sewage Works Utility. The proposed rates are as follows: (a) Metered Water Users: The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges, as the same is measured by the water meter there in use, subject to a minimum charge, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read periodically, either monthly or such other period as is established by the Board of Public Works. The water usage schedule on which the amount of said rates and charges shall be determined is as follows: (1) inside the City limits of the City of Jeffersonvil~e: (i) Metered Rates: Average Quantity of Water Used Per Month First 1000 cubic feet 1001 to 11,000 cubic feet Over 11,000 cubic feet (ii) Minimum Charge Monthly Rate Per 100 Cubic Feet Charge. $ 3.36 $3.13 $ 2.89 Rate Per Month Charge_ (2) Per month Outside the City limits of the City of Jeffersonville (i) Metered Rates: Average Quantity of Water Used Per Month First 1000 cubic feet 1001 to 11,000 cubic feet Over 11,000 cubic feet (ii) Minimum Charge $ 11.66 Monthly Rate Per 100 Cubic Feet .Charge $ 5.04 $ 4.71 $ 4.58 Rate Per Month Charqe Per month $ 17.48 (b) Unmetered Water Users: For single family residential users of the sewage works that are unmetered water users or for whom accurate meter readings are not available, the monthly charge shall be determined as an average of single family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month. The rate shall be as follows: (1) Inside the City limits of the City of Jeffersonville: (2) C~harae Per month $ 24.35 Outside the City limits of the City of Jeffersonville: Charae Per month $ 36.48 Normal domestic waste strength sewage should not exceed a biochemical oxygen demand of 244 milligrams per liter of fluid, suspended solids in excess of 233 milligrams per liter of fluid or ammonia nitrogen in excess of 20 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis: (1) _Rate Surcharqe Based Upon Suspended Solids There shall be an additional charge of 30 cents per pound of suspended solids fOr suspended solids received in excess of 233 milligrams per liter of fluid. (2) Rate Surcharqe Based Upon BOD There shall be an additional charge of 30 cents per pound of biochemical oxygen demand for BOD received in excess of 244 milligrams per liter of fluid. (3) Rate Surcharqe Based Upon NH3~N There shall be an additional charge of 1.01 cents per pound of ammonia for NH3N received in excess of 20 milligrams per liter of fluid. All interested persons are invited to attend and be heard regarding this matter. This Jeffersonville Common Council meeting may be continued from time to time as found necessary. The Jeffersonville Common Council may take official action at the conclusion of debate at this meeting. This ordinance is available for public view in the office of the Clerk and Treasurer, City- County Building, Room 421, Monday through Friday from 8:30 a.m. to 12:00 Noon, and from 1:00 p.m. to 4:00 p.m., and will be in full force and effect upon its timely promulgation. Such notice given and posted this _13th day of August _, 2004. r'eggy wil~e_~J ' Jeffersonville Clerk-Treasurer