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HomeMy WebLinkAbout11-07-2005 Special SessionJEFFERSONVILLE CITY COUNCIL SPECIAL SESSION Meeting Memorandum - November 7, - Mayor's Conference Room 5:30 p.m. The roll was called and those members present were Councilpersuns Perkins, Grooms, Wilson, and Sellers. Councilperson Zastawny arrived at 5:38 P.M, Councilperson Fetz arrived at 5:40 P.M. Councilperson McCauley arrived at 5:43 P.M. ' The motion was made by Councilperson Perkins to approve the agenda as presented second by Councilperson Sellers, passing on a vote of 4-0. Agenda Item 1 Councilperson Sellers presented Ordinance 2005-OR-65, an ordinance for Post- Construction Storm Water Management. Joe Hamm, Storm Water Coordinator for the City said that the ordinance needs to be adopted by the end of the year. Councilperson Zastawny asked why the City was responsible for the maintenance after five years and not the Homeowners Association. Mr. Hamm said that because of the legality of it all, the City would be better served to take o~er the maintenance. After further discussion, the motion was made by Councilperson Zastawny to pass 2005-OR-65 on the 1st reading second by Councilperson Sellers, passing on a vote of 6-0. Agenda Item 2 Spencer Harmon, Attorney for BADD Co, appeared before the Council with BADD Co President, Jim Buss to request that the Council continue the abatements that the company has with the City. There are currently two abatements in effect. BADD Co has a ftve yr abatement for equipment and JMPC has a 10 yr abatement for real estate. The abatement was granted in 2002. Mr. Harmon said that under the statute, abatements apply once the assessment has been done. The assessment that BADD received in late August 2005 raised the assessment from $7,000.00 t~ $635,000.00~ He explained that they have been paying the taxes on the land. They are asking that both abatements be allowed to stand. Mr. Buss gave the Council a handout as to what has occurred since the 1999. Councilperson McCauley feels that they have received about 95% of their abatements thus far since there assessment was just done. He suggests letting the abatement run its course as it began in 2002. Councilperson Perkins would like to see the amount of taxes paid versus what is left. Councilperson McCauley feels that the difference will be minimal. The motion was made by Councilperson McCauley to allow the original abatements to stand second by Councilperson Zastawny, passing on a vote of 6-0. Agenda Item 3 Kent Arnold appeared before the Council to give an update on the Jeffersonville Towne Center. Mr. Arnold said the site work is ~vell under way and the leasing appears about 70% leased. Section one will hopefully be open by this time next year. He is in the process of finalizing the arrangements with the capital partner. It is a $100 million project. He is asking for no financial commitment from the City yet. The City will get a list of merchants before the bonds are done. Councilperson Perkins asked why no one applied for a liquor license yet. Mr. Arnold said that the licenses are $35,000.00 and not easily transferred. Also there is no urgency to get this done yet. Agenda Item 4 Mr. and Mrs. Steve Appleby appeared before the Council requesting a $40,000.00 loan from the Revolving Loan Committee. Councilperson Grooms said that the Council is in the process of putting together a Revolving Loan Committee. After further discussion, Council President Grooms said that the Council could either take the suggestion to the committee, by-pass the committee and act now, or they can put it offuntil later. Councilperson Perkins is in favor of recommending the loan. Councilperson Fetz agrees but doesn't want to start jumping over the process. After further discussion, The motion was made by Couneilperson Fetz to send the request to the Revolving Loan Committee second by Councilperson Wilson passing on a 6-0 vote. Agenda Item 5 Councilperson McCauley offered changes to the Ordinance 2005-OR-63, an Ordinance Regulationg Smoking in Public Places and Place of Employment, which is attached. Discussion followed. Councilperson Fetz said that before the final reading, he would like to address how the Ordinance will be enforced and by whom. Public Comment Chris and London Smith, Comeback Inn, spoke in opposition to the Smoking Ordinance. They feel it is a civil rights issue. They are willing to make concessions if the City would also make some. He had talked with Councilperson Perkins who had said that he might be in favor of allowing smoking if there were separate rooms and separate waiting areas also. They feel there is a common ground. Nellie Knowland, 120 Fairview, said that she had lung surgery 40 yrs ago and used to smoke but is very healthy now. She feels stopping smoking really helps. Jason Lisovicz, American Red Cross, said that they are not trying to make choices for people but trying to provide a safe work environment for people. He congratulated the City for being progressive. Conrad Storz 1II, downtown business owner spoke in opposition to the Smoking Ordinance. He feels they have no right to run his business and feels the ban is wrong. He said that the EPA has information on their web site and doesn't suggest a ban. He is a non-smoker, but feels that smokers have rights too. Mike Hutt spoke in opposition to the Smoking Ordinance. He questioned the definition of 'private business'. Derrick Spence also opposes the ban and asked if the City would be hiring a 'smoke cop'? Kirk Singh said that no one has the right to dine out, it is a luxury. It is up the owners about how to run their business not government. There being no further business to come before p.m. Mayor the Board, the meeting adjourned at 7:10 Attest: Clerk BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA Ordinance No. 2005-OR- AN ORDINANCE REGULATING SMOKING IN PUBLIC PLACES AND PLACES: OF EMPLOYMENT WHEREAS, the Common Council for the City of Jeffersonville finds and declares that the purpose of this ordinance are to protect the public health and welfare by limiting smoking in public places and places of employment; NOW THEREFORE, BE IT HEREBY ORDAINED BY THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA, THAT: SECTION 100. Definitions The following word and phrases, whenever used herein, shall be construed as defined in this section: a. "Bar" means an establishment that serves alcoholic beverages for consumption on the premises, by guests who must be at least twenty-one (21) years of age to enter the premises, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. asstabli~l,~TenC'm~Fa~ givc, z,~p¢e~o~pro~id~ food t~sts,q-ictwever,~rh~ Im3~-~ml~w~n the-prcrr, i~--~that ~llo,vs-f~ guest, say--east mghteen ~nter~ premises, that es~-shaltmot-fit the_d, efinition~iLa "Bar". b. "Business" means any sole proprietorship, parmership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional service are delivered. c. "Employee" means any person who ~s employed by any employer for direct or indirect monetary wages or profit, including those employed full-time, part-time, on a temporary basis, or by contract through a third-party. d. "Employer" means any person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the services of one or more individual persons. d. "Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by sold walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures. e. "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment' unless it is used as a childcare, adult day care or health care facility. f. "Private club" means a facility owned or operated by an association or corporation, which shall: (1) Not be operated for pecuniary gain; and (2) Registered under Indiana law; and (3) Determined by the Internal Revenue Service to be operating under not~for-profit status; and (4) Consist of a membership: (i) Formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis; or (ii) Comprised of persons who have served in the armed forces of the United States of American; or (iii) Formed as a recognized, exclusive association of person organized for a joint or common purpose for which application for membership, the payment of dues, and self governance by the membership are distinguishing characteristics, and, where entry into, and use of the facility is r~stricted to members and guests of members. h. "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theatres, and waiting rooms. A private residence is not a "public place." i. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale of food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. The term "restaurant" shall include a bar area within the restaurant. j. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the Sale of other products is merely incidental. The term does not include retail stores where food o[ beverages are sold for consumption on the premises or where an area has been set-aside on the premises for customers to consume food or beverages. k. "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. 1. "Smoking" means the carrying or holding of lighted cigarette, cigar, pipe, or any other lighted smoking equipment/mechanism, or the inhalation or exhalation of smoke from any lighted smoking equipment/mechanism. "Smoking" does not include the burning of incense. m. "Sports arena" means sports pavilions, gymnasiums, health spas, boxing areas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. SECTION 200. Prohibition of smoking in public places and places of employment. (a) Except as otherwise provided herein, smoking shall be prohibited in the following public places and places of employment, including, but not limited to, the following areas: (1) Elevators; (2) Restrooms, lobbies, reception areas, hallways, and other common-use areas; (3) Buses, taxicabs, and other means of public transit under the authority of the city, and Ticket, boarding, and waiting areas of public transit depots; (4) Service lines; (5) Retail stores; (6) All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public; (7) Restaurants; (8) Public areas of aquariums, galleries, libraries, and museums; (9) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital, or other similar performance, except performers when smoking is part of a theatrical production; (10) Sports arenas and convention halls, including bowling facilities. (11) Evew room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in the progress, to the extent such place is subject to the jurisdiction of the city; (12) Hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices; (13) Private and semi-private rooms in nursing homes and other long-term care facilities; (14) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities; (15) Polling places; and (16) Private functions in other public places like restaurants,,hot¢ls, and motels. Notwithstanding any other provisions of this action, any owner, operator, or manager or other person who controls any establishment or facility may declare that entire establishment or facility as a non-smoking establishment. SECTION 300. Policies regarding smoking in places of employment. (a) It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur expense to make structural or other physical modifications to comply with the provisions herein. (b) Within one hundred eighty (180) days of the adoption of these provisions herein, each employer having an enclosed place of employment located within the city shall adopt, implement, and comply with the smoking ordinance that shall contain the following requirements: to personally inform the violator of the prohibition and request that he or she from refrain from smoking. (c) It shall be unlawful for any person to smoke on any area where smoking is prohibited by the provisions of the ordinance. (d) Any person who violates any provision herein shall be subject to a fine of fifty dollars ($50) for each finding of a violation of this ordinance. I, ~ ' -.~ame41er~nn nr at~t, he.~tt:P~ busii~ssrthe-uity legal dcpm~ment hzs roascn to~eqie~eX~t the fines ._~l--~o~ b~ enforcing this ordinance, then the city legal dep~Y~iTren~ ...... ~d to seek any other remedies provided by law.~ SECTION 800. Partial invalidity. The invalidity of any portion of this ordinance shall not effect the validity of any other portion ofit, which can be given effect without such invalid part. SECTION 900. Other applicable laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. SECTION 1000. Effective Date. This Ordinance shall be enforced from and after upon publication pursuant to I.C. 36-4-6- 14, 36-5-2-10, and I.C. 5-3-1. Therefore, the Clerk-Treasurer is hereby ordered and directed to give notice as provided by law. SO ORDAINED on this day of ., 2005. COMMON COUNCIL OF CITY OF JEFFERSONVILLE, INDIANA By: Robert L. Waiz, Jr. Presiding Officer