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HomeMy WebLinkAbout08-01-2005August 1, 2005 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA August 1, 2005 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 1, 2005. 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 Father Cliff Vogelsang 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, Ron Grooms, and Phil McCauley. Absent: None Councilperson Perkins made the motion to move agenda item #19 to #9A, second by Councilperson Sellers, passing on a vote of 7-0. Council President Grooms then made the motion to approve the agenda as amended, second by Councilperson Sellers, passing on a vote of 7-0. Mayor Waiz presented the minutes of past meetings for approvalo Councilperson Wilson made the motion to approve the minutes of the June 20, 2005 5'30 P.M. meeting as presented, second by Councilperson Perkins, passing on a vote of 7-0. Councilperson Wilson made the motion to approve the June 20, 2005 7'30 P.M. meeting as presented, second by Councilperson McCauley, passing on a vote of 7-0. Councilperson McCauley made the motion to approve the meeting memorandum for July 11, 2005 5'30 with the clearing up of Agenda Item 7, second by Council President Grooms, passing on a vote of 7-0. Councilperson McCauley made the motion to approve the minutes of July 18, 2005 with the insertion of Galvpro between the and bond on page 5, paragraph 5, second by Councilperson Wilson, passing on a vote of 7-0. August 1, 2005 Clerk Treasurer Wilder presented the claim list for consideration by the Council. Councilperson Perkins made the motion to approve the claims as presented, seconded by Councilperson Sellers passing on a vote of 7-0. PUBLIC COMMENT: There was no public comment. AGENDA ITEMS: City Attorney Merkley presented Ordinance No. 2005-OR-40, An Ordinance To Prohibit Basketball Goals In Public Street Right-Of-Way. Assistant Police Chief Mark Lovan explained the Department has received many complaints and there is a need to keep kids safe. Discretion would be used when answering complaints. Councilperson McCauley suggests the Ordinance be broadened to other sports. Councilperson Fetz sai[d a goal could be in a yard or a drive with play in the streets. Councilperson McCauley asked if the fine limit was $100 could the job get done? .Following discussion, Councilperson Perkins made the motion to amend the fine from $2,500 to $100 and pass on the first reading and continue to wOrk on it, second by Councilperson Sellers, passing on a vote of 7-0. Council President Grooms would like to include easements & sidewalks. Mr. Greg Fifer, Attorney representing Gilmore Construction appeared before the Council to request passage of Ordinance No. 2005-OR-41, An Ordinance Changing The Zoning Map Designation (Comer Of East l0th Street & Herb Lewis Road). Attorney Fifer informed the Council the request received an unfavorable recommendation from the Plan Commission. He then referred to specific areas of the comprehensive plan suggesting this should be rezoned as requested. No subsidized housing is planned. Attorney Fifer said the request is consistent with the comprehensive plan. Zoning Director Hicks said neighbors did voice concerns including the wildlife. Councilperson Zastawny voiced his respect for the Work of the Plan Commission saying he plans, to follow their recommendation. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-41, second by Council President Grooms. Mayor Waiz requested public comment. No public comment was voiced. The motion to pass Ordinance No. 2005-OR- 41 failed on a vote of 1-6. Those voting against passage were Councilpersons Zastawny, Fetz, Sellers, Wilson, Grooms, and MCCauley. August 1, 2005 3 Mr. Spencer Harmon, Attorney representing Voss Clark, appeared before tlhe Council requesting a tax abatement for Voss Clark. Mr. David Voss and Mr. Doug Voss explained the expected jobs and the salaries for a previous abatement. This is the second expansion for the company in the past 14 months. They did not ask for an abatement on the first expansion. The planned expansion was explained along with the benefits to the community. Council President Grooms said he appreciates Voss Clark's contribution to the community. He is concerned the abatement is given only on new and not existing. Attorney Harmon said they have the precise number of square feet and can do their part to make sure of the new area. Councilperson McCauley said he struggles with the guidelines. Councilperson Perkins noted the company has exceeded their promise in the past. Following all discussion, Council President Grooms made the motion to table Resolution No. 2005-R-27 as no copies are available, second by Councilperson Fetz, passing on a vote of 7-0. Councilperson McCauley reminded the company to be aware of follow-up reports. Planning and Zoning Director Hicks explained Ordinance No. 2005-OR-35, An Ordinance Amending The Zoning Code Of The City Of Jeffersonville. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-35 on the second and third readings, second by Councilperson Sellers, passing on a vote of 7-0. Ordinance No'. 2005-OR-35A, An Ordinance Transferring Certain Funds Within The Same Department (Common Council) was presented for consideration. Councilperson Perkins made the motion to pass Ordinance No. 2005-35A on the second and third readings, second by Councilperson Wilson, passing on a vote of 7-0. Ordinance No. 2005-OR-36, An Ordinance Transferring Certain Funds With The Same Department (Animal Shelter) was presented for consideration. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-36 on the second and third readings, passing on a vote of 7-0. Council President Grooms made the motion to table Ordinance No. 2005-OR-21, An Ordinance Approving The 2005 Interlocal Animal Shelter Agreement, second by Councilperson McCauley, passing on a vote of 7-0. Clerk Treasurer Wilder explained the need for passage of Ordinance No. 2005- OR-42, An Ordinance. Of Additional Appropriation (General Fund, Clerk Treasurer). August 1, 2005 Councilperson Fetz made the motion to pass Ordinance No. 2005-OR-42 on the first reading, second by Councilperson McCauley, passing on a vote of 7-0. Council President Grooms explained Ordinance No. 2005-OR-43, An Ordinance Amending Ordinance 2005-OR-25, Which Amended Ordinance 2005-OR-1, Which Amended The Original Ordinance 2004-OR-64, Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of Jeffersonville, Indiana For The Year 2005, making the motion to pass on the first reading, second by Councilperson Sellers, passing on a vote of 7-0. Council President Grooms explained Ordinance No. 2005-OR-44, An Ordinance Of Additional Appropriation (General Fund- Common Council). Councilperson Perkins made the motion to suspend the roles for Ordinance No. 2005-OR-44, second by Councilperson Zastawny, passing on a vote of 7-0. Councilperson Perkins then made tlhe motion to pass Ordinance No. 2005-OR-44 on all three readings, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Sellers explained Ordinance No. 2005-OR-45, An Ordinance Amending Section 90.07 (Ordinance No. 93-OR-14) Regarding Humane Treatment Of Animals. Amendments were discussed. Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR-45 on the first reading, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Sellers explained Ordinance No. 2005-OR-46, An Ordinance Waiving Spay/Neuter Required For Rescue League And Other Qualified Groups. Councilperson Wilson made the motion to pass Ordinance No. 2005-OR-46 on the first reading, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Perkins explained Ordinance No. 2005-OR-39, An Ordinm~ce Defining Legal Research Assistant. Councilperson Perkins then made the motion to pass Ordinance No. 2005-OR-39 on the second and third readings, passing on a vote of 7-0. Mr. Greg Fifer, Attorney representing Blank-N-Gate, LLC, explained Ordinance No. 2005-OR-47, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Park Of Block No. 34 Located At 422, 426, And 428 Meigs Avenue From Neighborhood Commercial To DC' Downtown Commercial/Old City Commercial. Mr. Fifer presented plans and sketches; explaining August 1, 2005 the request received a favorable recommendation from the Plan Commission. Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR-47, second by Councilperson Fetz. Mayor Waiz asked for public comment. Mr. Derek Spence asked :if a neighboring house is included in the plan. He was told it was not. As there was n.o further comment, the motion passed 7-0. Mr. David Nachand, Attorney representing Duard B. Avery Jr. explained the need for passage Ordinance No. 2005-OR-48, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Park Of SurVey No. 21 Of The Illinois Grant In The City Of Jeffersonville Containing A 11.328 Acre Tract More Or Less Located On Charlestown Pike Near Woherle Road And Adjacent To Foxbor° Subdivision From R2' Medium Density Residential To PD-R2' Planned Developmen~t- Medium Density Residential. Attorney Nachand explained the entrance does line up with Woherle Road. The reflecting pond will be taken care of by a homeowners association. This request received a favorable recommendation from the Plan Commission. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-48, second by Councilperson Zastawny. Mayor Waiz asked for public comment. There being no comment, the motion passed 7-0. Mr. Nick Jones appeared before the Council requesting passage of Ordinance No. 2005-OR-49, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being DeScribed As 4111 Charlestown Pike, Which Is An Acre Tract Adjacent To Lot Number 103 Of Nicole Station Subdivision From Mil' Limited Multifamily Residential To RI' Low Density Residential. The request received a unanimous favorable recommendation from the Plan Commission. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-49, secOnd by Councilperson Zastawny. Mayor Waiz asked for public comment. As there was no public comment, the motion passed on a vote of 7-0. CLERK TREASURER COMMENTS: There were no Clerk Treasurer comments. COMMITTEE REPORTS: Councilperson Perkins noted the good food at the workshop noting Nellie's cobbler. August 1, 2005 Councilperson Fetz said the budget committee should be wrapped up for next week. There is a need to set up a meeting for the revolving loan committee. Councilperson McCauley discussed the Tree Board. Council President Grooms asked the Council to consider funding a sidewalk sweeper. The Flood Wall Art Committee is ready to start painting° Council President Grooms said the Solid Waste Board has a tremendous desire for cities and towns to take over recycling, ending the current program at the end of 2006. COUNCIL AND MAYOR COMMENTS' Councilperson Wilson said the Concerts In The Park have been wonderful inviting all to come down. Councilperson Perkins wishes to give an "ata boy" to the Street Department for cleaning the lot at Market and Spring. The UEZ Board would like to ask the Street Department to cut the grass at West Maple and Pearl. Councilperson Perkins' recommendation to the Tree Board is to replace the trees planted 29 year ago on Spring Street with a smaller species. Councilperson Zastawny will meet with Mayor Waiz regarding sidewalks on Hamburg Pike. Councilperson Zastawny noted the need for a traffic signal at Woherle Road and New Albany Charlestown Pike. 'Councilperson Fetz noted detention basins are a safety hazard in some areas, asking is they are fenced would the City be liable. Councilperson Sellers explained some are retention areas and some detention areas. Councilperson Fetz noted the recent production of David and Bathsheba on the RiverStage was excellent. Councilperson Sellers reported the Animal Shelter Golf Scramble raised in excess of $13,000. Council President Grooms asked Mayor Waiz to request mowing or weed control at 165 and Spring Street. Mayor Waiz has talked with the Street Department about this. Council President Grooms has received a request for trash containers at the NW and SE comers of Court and Spring. Council President Grooms thanked Officers Grimes and Lovan for their attendance. He is waiting to hear about the State Revolving Loan application update. The Council will meet to discuss budgets, August 10, August 11, August 1, 2005 August 16, August 17, and August 18 at 7:30 P.M. There will be an executive session at 6:30 P.M. on August 15. Mayor Waiz announced the RiverState is back in mooting at Jeff Boat. He is hoping to receive a Corps Of Engineers permit for a longer period of time next year. I-lie appreciates Youth Director Beverly Knight, Park Superintendent Rob Poff and Ms. Patty Simmons for bring a lot of joy to the community. He also appreciates Officers Grimes and Lovan as well as Fire Chief Clark Miles and Planning and Zoning Director Hicks for their attendance this evening. As there was no further business to come 3v(fore the 1, the meeting was adjoumed 9'30 P.M. i ROBERT L. WAIZ, )/IAYOR ATTEST' PEGGY~ILDER, CLERK AND TREASURER