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HomeMy WebLinkAbout11-07-2005 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA November 7, 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 November 7, 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 Reverend Leonard Miles 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. Councilperson Perkins made the motion to approve the agenda with the following amendments; table agenda item//22, remove agenda item #24, delete agenda item #23 and move agenda item #16 to 9A, second by Councilperson Wilson, passing on a vote of 7-0. Mayor Waiz presented the minutes for approval. Councilperson Wilson made the motion to approve the minutes of the August 10, 2005 budget workshop as presented, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson Wilson then made the motion to approve the minutes of the October 17, 2005 special session as presented, second by Councilperson Fetz, passing on a vote of 7-0. Councilperson Wilson then made the motion to .approve the minutes of the October 17, 2005 regular meeting as presented, second by Councilperson Sellers, passing on a vote of 7-0. Clerk Treasurer Wilder presented the claim list for consideration by the Council, explaining three additional claims having to do with a real estate closing. Councilperson Perkins made the motion to approve the claims and the additional as presented, second by Council President Grooms, passing on a vote of 7-0. November 7, 2005 2 PUBLIC COMMENT: Mr. Derek Spence, spoke against passage of the smoking ban, noting economic reasons, saying the market will dictate. Mr. Spence presented a petition of approximately 1400 signature. Ms. Diane Curry, representing the downtown merchants, spoke against passage of the smoking ban. She polled 22 merchants, finding 16 opposed. She suggests this be put to a referendum. Mr. Adam French spoke for passage of the smoking ban for health reasons. Ms. Lynda Wilson spoke for passage of the smoking ban noting secondary smoke damage. Ms. Becka Christensen spoke against passage of the smoking ban saying it will hurt business in the long run. Mr. Don Herrold said he is a G.I. who fought for freedom for this county. He is against passage of the smoking ban. Mr. Dan Christensen spoke against passage of the smoking ban explaining many small businesses have only one employee. If that employee would smoke the business would have to be closed so the employee could smoke outside. This is the worst thing to do to a small business. Mr. Paige Gabhart a Jeffersonville attorney spoke against passage of the smoking ban. Ms. Betty Gabhart as a small business owner spoke against passage, noting it is unfair and unjust. There are other alternatives. Mr. Conrad Storz m has been a private business owner for 30 years and is against passage of the smoking ban. He believesin freedom of choice. Ms. Kelley Curran stated she is opposed to passage of the smoking ban. Mr. Kirk Singh of the Libertarian Party spoke against passage o£the smoking ban. Ms. Amy Barkley, representing Camp For Tobacco Free Kids spoke about second hand smoke concerns, noting significant health risks. Dr. Chris Howerton spoke in favor of passage of the smoking ban. Mr. Joe Rafferty spoke in favor of passage. November 7, 2005 3 Ms. Sara Gallegos, a member of the Jeffersonville Youth Commission spoke in favor of passage. Ms. Angelica Jackson, a member of the Jeffersonville Youth Commission, also spoke in favor of passage. Ms. Karla Sneegas offered technical support and research help suggesting the Council look at Columbus, IN enforcement. Ms. Heather Ligman, an IUS student spoke against passage of the smoking ban. Ms. Carolyn Howard, a small business owner, spoke against passage of the smoking ban. Mr. C. E. Howard, spoke as a veteran who fought for freedom, noting passage of the ban is like taking a freedom away. Mr. Tim Filler, representing Smoke Free IN, spoke for the ban noting there would be no negative economic impact. Ms. Missy Lewis read a statement written by Dr. Richard Feldman encouraging passage of the smoking ban. Mr. Mike Hutt congratulated the Council on filling the chambers on this subject. He is for passage of the smoking ban. Ms. Andrea Hannah, a Clark Memorial Hospital employee, spoke in favor of passage of the smoking ban. Ms. Nicole Torah of Clark Floyd Minority Tobacco Cessation read a letter from Cheddars restaurant encouraging passage of the smoking ban. Mr. Darin Makepeace, a Jeffersonville restaurant owner does not feel this is a City Council issue and is against passage. Mr. Levi T. Beckley spoke against passage of the smoking ban. Dr. Albunk spoke in favor of passage of the smoking ban. Mr. Harry Munser read portions of the Ordinance referring to imminent domain. AGENDA ITEMS: Councilperson Wilson presented Ordinance No. 2005-OR-63, An Ordinance Regulating Smoking In Public Places And Places Of Employment. Councilperson McCauley made the motion to amend Ordinance No. 2005-OR-63 by deleting the second sentence in Section 100, paragraph a; deleting all of Section 400, and deleting the second November 7, 2005 4 sentence in Section 700, paragraph d, second by Councilperson Fetz, passing on the following roll call vote: Ayes: Councilpersons Perkins, Fetz, Wilson, and McCauley. Nays: Councilpersons Zastawny, Sell,s, and Grooms. Councilperson Wilson then made the motion to pass Ordinance No. 2005-OR-63, second reading, second by Councilpersun Fetz, passing on the following roll call on the vote: Ayes: Councilpersons McCauley, Wilson, Fetz, and Perkins. Nays: Councilpersons Grooms, Sellers, and Zastawny. The meeting was recessed at 9:05 P.M. The meeting was reconvened at 9:10 P.M. Councilperson Fetz did not return following the recess. Mr. Barry Cahill, Redevelopment Director, said he and the abatement subcommittee are in agreement that abatements be continued for PGP, aka Voss Clark, Scan Steel, and Seatply. Following discussion, Councilperson Perkins made the motion to approve the annual Statement of Benefits for PGP, aka Voss Clark, Scan Steel, and Seatply, second by Councilperson Sellers, passing on a vote of 6-0. Ms. Nancy Flyrm appeared before the Council requesting passage of Ordinance No. 2005-OR-66, An Ordinance Granting Petition To Vacate A Public Way In The City Of Jeffersonville. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2005-OR-66, second by Councilpersun Sellers, passing on a vote of 6-0. Councilperson Perkins then made the motion to pass Ordinance No. 2005-OR-66 on all three readings, second by Councilperson Wilson. Mayor Waiz noted this is a public heating asking for comments. As no comments were heard the motion passed on a vote of 6-0. Ms. Julie McCoy appeared before the Council representing Nick Jones/Jones- Fust, Inc. requesting passage of Ordinance No. 2005-OR-67, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described Being Part Of Survey No. 11 Of The Illinois Grant Containing 15.95 Acres Located East Of The Intersection Of Woodland Road And Logan Lane. The Council raised concerns about the retention pond, fencing and maintenance. Ms. McCoy said there are no plans for fencing November 7, 2005 5 and the maintaining will be provided. Planning and Zoning Director Hicks noted this is a zoning issue and plans may be changed. Following all discussion, Council President Grooms made the motion to pass Ordinance No. 2005-OR-67, second by Councilperson Sellers. Mayor Waiz announced this is a public hearing on this matter, asking for comments. No comments were voiced. The motion to pass Ordinance No. 2005-OR-67 passed on a vote of 6-0. Mr. Chris Crawford appeared before the Council requesting passage of Ordinance No. 2005-OR-61, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described Being Part Of Property Described As The West Half Of Lot No. 104 And Part Of Lot No. 103 Located At 409 E. Market Street. Mr. Crawford explained his plans and the benefits. Councilperson Perkins said he has received several calls against this project due to the narrow alley. The Plan Commission issued a favorable recommendation. Councilperson Perkins made the motion to deny passage of Ordinance No. 2005-OR-61, second by Councilperson Zastawny. Councilpersun McCauley said he has observed this property and agrees it needs work. Mr. Crawford explained the plan for the building is to have a brick front, vinyl on three sides and the interior gutted., Councilperson McCauley noted the properties on both sided are zonrd MI. Council President Grooms noted the trash and debris in the yard. Mr. Crawford said the yard would be cleaned up and seeded. Council President Grooms asked what the plans would be if the request is denied. Mr. Crawford did not know what he would do. Councilperson Perkins asked how long Mr. Crawford has owned the property. Mr. Crawford replied two years. The motion to deny passage of Ordinance No. 2005-OR-61 passed on the following roll call vote: Ayes: Councilperson Perkins, Zastawny, Sellers, and Wilson. Nays: Councilpersons Grooms, and McCauley. Councilperson Zastawny made the motion to table An Ordinance Granting Authority For The Parks And Recreation Department To Apply For A Credit Card Account, second by Councilperson McCauley, passing on a vote of 6-0. Mr. Russ Seagraves, Building Commissioner, explained Ordinance No. 2005-OR- 68, An Ordinance Amending Section 150.077 Of The Jeffersonville Municipal Code. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-68 on the first November 7, 2005 6 reading, second by Councilperson Sellers. Council President Grooms voiced concerns regarding Section 150.077, Paragraph (B) asking if this would include office staff. Commissioner Seagraves explained the section. The motion to pass Ordinance No. 2005- OR-68 on the first reading passed on a vote of 6-0. Planning and Zoning Director Chester Hicks, explained Ordinance No. 2005-OR- 69, An Ordinance Amending Ordinance No. 91-OR-18, Section 156.011 (Filing Fees) and Ordinance No. 96-OR-28, Section 155.22-C (Preliminary Plat) and Ordinance No. 200-OR-61, Article 12.4 (Schedule of Fees), answering questions. Following discussion, Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR-69 on the first reading, second by Councilperson Wilson, passing on a vote of 6-0. Councilperson Zastawny made the motion to amend Ordinance No. 2005-OR-56, An Ordinance Requiring The Clerk Treasurer To Publish The Twenty (20) Highest- Compensated Employees' Names Annually, with the addition of "at least once annually, no later than January 31", between the words publish and these in the last "It Is Further Ordained" paragraph, second by Councilperson McCauley, passing on a vote of 6-0. Councilperson Zastawny then made the motion to pass Ordinance No. 2005-OR-56 as amended on the third reading, second by Councilperson Wilson, passing on a vote of 6-0. Councilperson Zastawny then made the motion to amend Ordinance No. 2005- OR-57, An Ordinance Requiring The Clerk Treasurer To Publish The Twenty (20) Highest-Compensated Contractors' Names Annually, with the addition of "at least once annually, no later than January 31", between the words publish and these in the last "It Is Further Ordained" paragraph, second by Council President Grooms, passing on a vote of 6-0. Councilperson Zastawny then made the motion to pass Ordinance No. 2005-OR-57 on the third reading, passing on a vote of 6-0. Councilperson Zastawny explained Ordinance No. 2005-OR-64, An Ordinance Of Additional Appropriation (EDIT - Sidewalks). Councilperson Zastawny made the motion to pass Ordinance No. 2005-OR-64 on the first reading, second by Councilperson Sellers, passing on a vote of 6-0. City Attomey Merkley explained Ordinance No. 2005-OR-40, An Ordinance To Prohibit The Interference Or Impediment Of Public Streets and Rights-Of-Way. November 7, 2005 7 Councilperson Perkins made the motion to pass Ordinance No.2005-OR-40 on the second and third readings, second by Councilperson Sellers, passing on a vote of 6-0. Councilperson Wilson made the motion to pass Resolution No. 2005-R-40, A Resolution To Advertise For An Additional Appropriation From The EDIT Fund (Sidewalks On Pen-in Lane and Eighth Street), second by Councilperson Sellers, passing on a vote of 6-0. Council President Grooms explained the need for passage of Resolution No. 2005-~R-41, A Resolution To Advertise For An Additional Appropriation From The EDIT Fund (Sidewalks On Hamburg Pike). Council President Grooms made the motion to pass Resolution No. 2005-~R-41, second by Councilperson Perkins, passing on a vote of 6-0 CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS: Councilperson Perkins reported he has received word that Umbaugh is moving along steadily on the annexation report. Councilperson Sellers reported the fire committee will hold a special meeting Monday at 5:30 P.M. Councilperson McCauley reported the Revolving Loan Committee has pending applications. COUNCIL AND MAYOR COMMENTS: Councilperson Perkins said he enjoyed the input regarding the smoking ban. He compliments the Council on the fact they can agree to disagree. He believes the vote was non-partisan. Councilperson McCauley commended the presenters this evening. The pleas were compassionate. This is a credit to the City. Council President Grooms announced a special meeting for November 14, 2005 at 5:30 P.M. The agenda will include the Fire Station Study and the Health Insurance Fund. Council President Grooms echoes the comments made by Councilpersons Perkins and McCauley. This meeting has been a great exercise in government. He asks Mayor Waiz November 7, 2005 8 to provide the Council with a City Hall update soon. The Council will hold a workshop at 5:30 P.M. on Monday, November 2~, 2005. Mayor Waiz thanked all for their attendance asking all to have a safe trip home. As there was no further business to come b'~e ~uncil, adjourned 10:05 P.M. /, ROBERT L. WAIZ/MAYOR ATTEST: the meeting was