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HomeMy WebLinkAbout09-19-2005COUNCEL PROCEEDINGS OF THE COMMON COUNCIJL OF THE CITY OF JEFFERSONVILLE, INDIANA September 19, 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 September 19, 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 Councilperson McCauley 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, Phil McCauley, and Ron Grooms. Absent: None. Following discussion, Council President Grooms made the motion to table agenda items #13, #14, and #15, delete agenda item #18, and insert discussion regarding settlement agreement in place of agenda item #14, second by Councilperson Fetz, passing on a vote o1'7-0. Mayor Waiz presented the minutes of the special session of August 29, 2005 for approval. Councilperson Wilson made the motion to approve the minutes of the August 29, 2005 special session as presented, second by Councilperson Fetz, passing on a vote of 7-0. Clerk Treasurer Wilder presented the claim list for consideration by the Council, explaining two additional claims. Councilperson Perkins made the motion to approve the claims as presented as well as the two additional, second by Councilperson Sellers, passing on a vote of 7-0. PUBLIC COMMENT: Mr. Derek Spence echoes Clerk Treasurer Wilder's comments at the special session regarding the availability of documents. It is the public's right to know, and if information is not available there may be a violation of the open door law. He thanks September 19, 2005 2 Clerk Treasurer Wilder for her insistence. Mr. Spence is also concerned that some properties have not been assessed. Mr. Spence was told to address this at the county level. Mayor Waiz called attention to several students in the audience from the government class. AGENDA ITEMS: Ms. Margaret Morton appeared before the Council presenting a list of prices from local veterinarians for spay/neuter and shot services. She noted four out of five animals at the animal shelter are put down. She is asking the Council to put $15,000 into a spay/neuter fund. She has been talking to each entity in the County requesting participation. Councilperson Fetz said he would like to see what other communities do. Following further discussion, Councilperson Zastawny made the motion to add $5,000 from the General Fund for Spay/Neuter to Resolution No. 2005-R-33, second by Councilperson Perkins, passing on a vote of 7-0. Redevelopment Director Barry Cahill presented a spreadsheet listing the current tax abatements. Councilperson McCauley made the motion to approve the list with the exception of numbers 1, 3, 5, 8, 11-12, 22, 24, 31, 44, and 46, second by Councilperson Perkins, passing on a vote of 7-0. City Attorney Les Merkley presented and explained a settlement agreement for Lewis Equity Group, LLC, and the City of Jeffersonville. Councilperson Perkins made further explanations expressing his happiness. Councilperson Fetz asked if the property is not sold after 10 months could Mr. Lewis sue. Attorney Merkley answered no. Director Cahill said Redevelopment would pay for the marketing. Councilperson Perkins made the motion to approve the settlement agreement as presented, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Zastawny presented and explained Ordinance No. 2005-OR-56, An Ordinance Requiring The Clerk Treasurer To Pubhsh The Twenty (20) Highest- Compensated Employee's Names Bi-Annually. Clerk Treasurer Wilder explained she would need to get a similar list from the Department of Redevelopment. She does support the effort to make information easily available to the public. Councilperson McCauley would like to see annual figures done once a year, as they would be more September 19, 2005 meaningful. Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR- 56 on the first reading, second by Councilperson Perkins, passing on a vote of 7-0. Councilperson Zastawny next presented and explained Ordinance No. 2005-OR- 57, An Ordinance Requiring The Clerk Treasurer To Publish The Twenty (20) Highest- Compensated Contractor's Names Bi-Annually. Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR-57 on the first reading, second by Councilperson Perkins, passing on a vote of 7-0. Again, Councilperson McCauley suggests this be done annually. Council President Grooms presented A Resolution To Advertise For Additional Appropriation (EDIT Fund - Floodwall Axt). Council President Grooms made the motion to amend Resolution No. 2005-R-33, A Resolution To Advertise For An Additional Appropriation to include $20,000 from EDIT Funds for Floodwall Art, second by Councilperson Wilson, passing on a vote of 7-0. Planning and Zoning Director Chester Hicks explained the need for passage of Ordinance No. 2005-OR-58, An Ordinance Amending Ordinance 2005-OR-52, Which Amends Ordinance 2005-OR-43, Which Amended 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. Councilperson McCauley made the motion to suspend the rules for Ordinance No., 2005-OR-58, second by Councilperson Wilson, passing on a vote of 7-0. Councilperson Sellers then made the motion to pass Ordinance No. 2005-OR-58 on all three readings, second by Councilperson Fetz, passing on a vote ofT-0. CLERK TREASURER COMMENT S: Clerk Treasurer Wilder distributed forms for the Council to use for agenda requests. COMMITTEE REPORTS: Councilperson Perkins noted the abatement committee did a fine job. Council President Grooms noted the decision to retain the services of Ohio Fire Chief Zickler to conduct a study. A new committee of Councilpersons Grooms and Wilson has been established to study trash pick up. 4 September 19, 2005 COUNCIL AND MAYOR COMMENTS: Councilperson Wilson noted the last Concert In The Park was fantastic with 800 plus attendance. Councilperson Fetz said the Fire Department agility test was given last Saturday with about 100 participants. Councilperson Zastawny suggests one day a year for large item trash pickup. Councilperson Sellers suggest one day in the spring and one day in the fall. Council President Grooms said there is a lot of information on the Intemet. Councilperson Perkins noted the passing of "Skip" Leonard last Friday, listing many of the areas "Skip" was active. He asks all to remember "Skip" and his fancily in their prayers. Councilperson Perkins said he recently received another lawsuit. Attorney Merkley said it has been taken care of. Councilperson Perkins gave information on a planning workshop to be held in Evansville on November 30. Councilperson McCauley agrees with Mr. Derek Spence on the assessing problem. He would like to see some type of action taken. Mayor Waiz agrees. Council President Grooms has received a letter of appreciation from Golfview Homeowners Association. He then called attention to a brochure called Footnotes. Council President Grooms applauds Clerk Treasurer Wilder for the agenda forms, asking she copy the requests to him. He then reviewed dates for upcoming events. There will be five attending the NAACP banquet. Mayor Waiz appreciates Councilperson Wilson's work on the Concerts In The Park. Mayor's night in the neighborhood will be September 20, 2005 at 6:30 P.M. in Mallard Run. The house on Chestnut Street will need additional funding. Council President Grooms has received a call from the owner of 125 East Chestnut asking if the City is interest in that property. Mayor Waiz answered yes. Councilperson Perkins noted the house is salvageable and could be moved. Following discussion, Councilperson Perkins made the motion to approve an additional $30,000 for the property on Chestnut Street, second by Councilperson Wilson, passing on a vote of 7-0. September 19, 2005 As there was no further business toc~ ~uncil, adjourned 9:00 P.M. ROBERT L. WAIZ/~ [AYOR 5 the meeting was ATTEST: PEG6~ ~ZILDER, CLERK AND TREASURER ¢° Blue Cross Animal Hospital CAT 827 E Broadway Louisville, KY 587-6677 DOG animal must be 6 months old spay $53.00 neuter $31.00 shots $20.00 spay or neuter $53.00 plus $1.25 per pound over 25 lbs. shots $30.00 Charlestown Veterinary Clinic CAT spay $69.00 neuter $35.00 1711 Market St shots $20.00 Charlest0wn, IN 256-5403 DOG spay $112.00 neuter $74.00 shots $20.00 Clarksville Animal Hospital CAT 1137 Eastern Blvd Clarksville, IN DOG 288-7999 spay $65.00 neuter $35.00 shots $33.00 spay $110.00to$150.00 neuter $100.00 shots $40.00 Edwardsville Animal Hospital CAT 1254 W. Knable Rd Galena, IN 923-8479 DOG spay $55.00 neuter $45.00 shots $9.00 spay $75.00 - $85.00 - $120.00 neuter $75.00 shOtS $9.00 Especially Pets CAT spay $50.00 neuter $40.00 4204 Charlestown Rd shots $15.00 New Albany, IN 948-8297 DOG spay $85.00 - $95.00 - $120.00 neuter $65.00 - $75.00 - $9~.00 shots $10.00 Iroquois Animal Clinic CAT spay $75.00 neuter $40.00 5017 S 3rd St shots $13.15 Louisville, KY 366-1940 DOG spay $90.00 - $145.00 neuter $69.00 - $115.00 shots $31.00 Sims Animal Hospital CAT spay $50.00 neuter $40.00 6410 Bardstown Rd shots $30.00 Louisville, Ky DOG spay $60.00 neuter $60.00 239-PETS plus $1.00 per pound over60 Ihs. shots $45.00 West End Veterinary Clinic CAT 2529 Portland Av Louisville, KY 778-9999 DOG spay $61.00 neuter $41.00 includes shots spay $35,00 neuter $35.00 plus $1.00 per pound, over 35 lbs. includes shots SETTLEMENT AGREEMENT Comes now Plaintiffs, Glen Lewis and Lewis Equity Group, LLC, and the City of Jeffersonville, by it Mayor, Rob Waiz. The parties having discussed various options have reached an agreement as to certain terms concerning the sale and use of the property located at 1002 and 1004 Spring St. ~n Jeffersonville, IN. TO-WIT: 1. De£mitions: a. "Lewis Real Estate" shall refer to the real estate located at 1002 and 1004 Spring Street, Jeffersonville, IN as presently bounded by 10th and Spring Street. b. Lewis" shall mean both Glen Lewis and Lewis Equity Group, LLC unless a specific designation is used. c. "Jeffersonville" shall mean the City of Jeffersonville, IN d. "Environmental case" shall mean the present litigation pending in the United States District Court, Southern District of Indiana with a case number of 04:03-cv-0026 SEB WGH. e. "Condemnation case" shall mean the present litigation pending in the United States District Court, Southern District of Indiana with a case number of 4:02-CV~221 DFH-WGH. f. "City Real Estate" shall mean the real estate owned by Jeffersonville that is adjacent to the Lewis Real Estate which was part of the original project for redevelopment. 2. Sale and Marketing of Real Estate: a. Marketin9 of property. The parties agree to jointly market the City and Lewis Real Estate section as a single package to developers for a period of ten (10) months from the date of execution of this Settlement Agreement. The potential development for both parcels of real estate must be consistent with the ideas and in~ents of the City of JeffersonviLle. The City shall make a determination of the development of the property in its sole discretion as consistent with this Agreement. b. S~les price. The parties agree that the City will agree to market the real estate for the highest and best price possible. The parties understand and agree to sell both of the parcels of real estate so that Lewis shall receive the net price of $687,500 for the Lewis Real Estate and that the City shall receive the sum of $725,000 for its parcel. In the event that the sale price is in excess of $1,412,500, then the parties shall equally divide that amount in excess of $1,412,500. c. Clean up for Sale. Each party, shall be responsible for the clean up and related costs on their respective parcels of any environmental issue necessary so that the property sale can be closed. d. Deed Restrictions. The parties agree to include a deed restriction, which prohibits the sale or distribution of consumer fireworks from both the City and Lewis Real Estate parcels. e. Inability to sell the real estate. In the event that the parties are not able to effectuate a valid sale for the purchase of both real estate parcels, each party shall retain ownership of their own real estate and may offer them to other purchasers or developers for any purpose whatsoever. Jeffersonville shall execute those documents necessary to transfer whatever ownership interest it has in the property to Lewis via quit-claim deed regarding all takings proceedings that occurred in the year 2002 except for the expansion of 10th St. 3. Dismissal of Pending Litigation. The City agrees to move to dismiss the Environmental litigation. The parties agree to move to dismiss with prejudice the Condemnation litigation with prejudice pursuant to a full standard release of all claims state, federal, tort, civil rights and all matters which were or could have been brought to date by the parties to date, upon the tender of payment referred to in paragraph 5 herein. Nothing in this Agreement shall prevent Lewis from pursuing litigation and,! or contributions from any third party involved in the Environmental case. 4. Miscellaneous provisions. This agreement shall be binding on all heirs, assigns, agents and representatives of the parties. The parries represent that they have the requisite authority to enter into this agreement. Parties agree to execute any and all documents necessary to effectuate this Agreement. 2 5. Pay'~ent. The'City a~rees to pay Plaintiff the sum of $75,000 for dismissal of all claims, costs and attorney fees herein within 30 days of the date of this a~reement. 6. Approval. This a~reement shall be subject to the approval of the appropriate governmental bodies of the City of Jeffersonvilte, IN. Dated this \7 day of September~ 2005. by/~s ~ayi E / Attorney for Jefferson~ll.~ -~ r Jeffersonville Glen Le~ and Lewis Equity Group, LLC oOrney for Glen Lewis and Lewis Equity up, LLC 3