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Home My WebLink About05-25-2005 Special SessionCOUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA May 25, 2005 The Common Council of the City of Jeffersonville, Indiana met in special session in the Mayor's Conference Room in the City-County Building, Jeffersonville, Indiana, at 7:00 P.M. on Wednesday, May 25, 2005. Mayor Rob Waiz, with Deputy Clerk Treasurer Barbara Hollis at the desk, called the meeting to order. Also present were City Attorney Les Merkley, and Council Attorney Allen Mort'is. The roll was called and those present were; Councilpersons John Perkins, Ed Zastawny, Connie Sellers, Barbara Wilson, Ron Grooms, and Phil McCauley. Absent: Councilperson Keith Fetz. PUBLIC COMMENT: Mr. Clarence Lloyd, a resident of Golf View said he has been annexed by the City of Jeffersonville and has problems that have not been addressed. The roads are in poor condition and there are drainage problems. He has been told there is no money to take care of the problems. Councilperson Sellers recommends he contact City Engineer Bob Miller. Mr. John Evans, a resident of Seilo Ridge, sees no benefit by being annexed by the City. He is against annexation, as it will take money out of his pocket. Councilperson Perkins made the motion to approve the agenda, second by Councilperson Wilson. Council President Grooms explained the agenda for those in attendance. The motion to approve the agenda passed on a vote of 6-0. AGENDA ITEMS: Mayor Waiz explained the Council initiated the meeting and is the first meeting regarding annexation. He is here to understand where the Council stands. Councilperson Perkins introduced Mr. David Blankenbaker, Surveyor, and Mr. Oreg Filer, Attorney. Mr. Blankenbaker presented a binder of information and maps, which he reviewed page by page. The area is 12.5% contiguous. The area allows for future growth, with an average 5-year build-out. Mr. Filer is offering his assistance May 25, 2005 2 explaining his previous experience. The key document is the fiscal plan. He suggests an engineering consultant provide an estimate for capital services. Mr. Fifer is not sure if the population goal of 35,000 is enough to achieve entitlement status. Attorney Merkley said the population threshold for entitlement is 50,000. Councilperson McCauley noted areas 1,2, and 7 are clearly surrounded by the City with areas 3, 4, and 6 having extensive boundaries with the City. He is looking for a reason why these areas have not been annexed. He is not concerned for entitlement or 2nde. Class City status, his concern is for the services provided to the pocket areas. He feels it is time to correct errors. Mr. Filer explained the two ways to contest annexation are; remonstrance (65% sign a petition within 90 days, or 75% of assessed value) and the fiscal plan not adequate. Councilperson Zastawny expressed concerns for the cost. Councilperson Perkins said there is still a lot to do on the fiscal plan. He does agree thee is a need to "fill holes". Attorney Merkley noted there will be a decrease in revenue to the sewer department as those outside the city limits pay one and one half times the rate of city residents. Council President Grooms asked if the City would acquire debt owed by any fire districts. Mr. Filer explained the City would acquire a pementage of the debt and a percentage of the assets. ' ~': Planning and Zoning Director Chester Hicks initiated discussion regarding the theory behind the 2-mile fringe. Mr. Filer explained the proposed boundaries are based on sewer service. Attorney Merkley noted Oak Park has been omitted. Mayor Waiz said his initial drive was to receive entitlement status. He feels this may need some rethinking, as it does not appear this can be achieved. Mayor Waiz said the addition 12-16 additional firefighters and 12 additional police necessary would be an additional $1.2 million in salaries alone. Mayor Waiz requests he be included in any talks the Council has with the department heads. He is also concerned with taking over the roads. Mr. Blankenbaker said some of the roads are good and some are bad. Mayor Waiz questioned the additional drainage problems. Mr. Blankenbaker said the newer May 25, 2005 3 subdivisions are in good shape, however there are maintenance issues. Mayor Waiz asked how much the fiscal plan would cost. Councilperson Perkins estimates $30,000 to $40,000, and would be a Council decision. Mayor Waiz feels the City has other pressing issues such as; sewer expansion, City Hall, Veterans Parkway, Greenway, a new fire house and a new city garage. There is a need to make sure these things get done. Councilperson Perkins would like Jorge Lanz to work on the sewer needs. Mayor Waiz said additional fees would be needed. He also asked who would prepare the fiscal plan. Attorney Merkley noted the Council may only contract for legal counsel. Councilperson Perkins feels the Council can contract with Mr. Fifer and he can then subcontract with an engineer and an accountant. Mr. Filer notes a strain of disa~eement and questions if Mayor Waiz wants to cooperate. Mayor Waiz again said he wants to be present during discussion. Mayor Waiz will confer with Jorge Lanz. Mr. Fifer said there is a need to decide to go forward. Mayor Waiz noted there have been changes fi.om the beginning and there is a need to look at it again. Council President Grooms said there is need for discussion in a workshop, as it makes no sense to proceed if this is not a joint venture. Mayor Waiz said there is a need to look at what it is going to cost. Mr. Blar~kenbaker suggested bringing on board an engineer and an accountant to look at what has been prepared. A decision cannot be make without a fiscal plan. Attorney Merkley asked if Mr. Filer is going to represent the Council would he also represent builders. Mr. Filer said he does not believe it would be a conflict. Following all discussion, Council President Grooms made the motion the City Council proceed with the activities listed under day 0 on the proposed timetable for involuntary annexation under IC 36-4-3-4, second by Councilperson Zastawny. There is a need to do these items first. The motion carried on a vote of 6-0. Mayor Waiz announced an Ohio River Bridge meeting that will be held Friday at 8:45. As there was no further business to com~e C,~ncil, the meeting was adjourned 8:45 P.M. ROBERT L. WAIZ(, MAYOR May 25, 2005 ATTEST: PEGGY WILDER, CLERK AND TREASURER Date PROPOSED TIMETABLE FOR INVOLUNTARY ANNEXATION UNDER lC 36-4-3-4 Activity Day 0 Day 1 Day 2 Day, 2 Day 5 Day 65 Day 95 Day 96 · Legal description reviewed and verified · Fiscal plan drafted and resolution adopting fiscal plan and establishing definite policy drafted · Annexation ordinance drafted · Notice to property owners drafted · Notice of public hearing drafted · Names and addresses of all property owners in area proposed to be annexed determined (from County Auditor's files) Annexation ordinance introduced at Council meeting Resolution adopting fiscal plan and establishing definite policy introduced and adopted (must be adopted prior to public hearing) · Notice of public hearing delivered to newspaper(s) Notice of proposed annexation sent by certified mail to all owners of real property in area proposed to be annexed (mailed at least 60 days prior to public hearing on ordinance) · Notice of public hearing published (one time) [and posted] (at least 60 days before public hearing) Council conducts public hearing on annexation (no earlier than 60 days after ordinance is introduced, and 60 days after notice of hearing was published and notice mailed to owners of real property) Earliest date on which Council may adopt annexation ordinance (no earlier than 30 days after public hearing on annexation) · Copy of annexation ordinance delivered to the newspaper(s) Date Day 99 Day 189 Day 190 Activity · Copy of annexation ordinance published [and posted] · 90 day remonstrance pedod commences · 90 day remonstrance pedod expires · Ordinance recorded with County Recorder · Copies of ordinance filed with: · Secretary of State · Circuit Court Clerk · County Board of Voter Registration · County Auditor1 · Office of Census Data ,, Secretary of State notified of effective date of ordinance 1 Provide County Auditor with copies of ordinance for forwarding to the County highway departmenT, the plan commission, the County sheriff, the Township trustee, the Office of Census Data, and the Secretary of State. -2-