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HomeMy WebLinkAbout12-19-2005COUNCIL PROCEEDiNGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA December 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 December 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 Perkins 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, Connie Sellers, Barbara Wilson, Phil McCauley, and Run Grooms. Absent: Councilperson Keith Fetz. Councilperson Perkins asked to delete agenda item #15, add an Ordinance regarding zoning in its place and change the speaker on agenda item #17 to Assistant Chief Tony Decker. Council President Grooms made the motion to approve the agenda with the requested changes, second by Councilperson Sellers, failing on a vote of 5-1. Councilperson McCauley voted against passage. City Attorney Merkley explained the vote to amend the agenda requires a unanimous vote. Council President Grooms then made the motion to approve the agenda with the change in speaker on agenda item #17, second by Councilperson McCauley, passing on a vote of 6-0. Mayor Waiz presented the minutes for approval. Councilperson Zastawny asked that the ISTA study recommended moving firehouse #2 to a more central location be included in the November 14, 2005 (5:30) minutes. Councilperson Wilson then made the motion to approve the minutes of the November 14, 2005 (5:30) minutes as corrected, second by Councilperson Zastawny, passing on a vote of 6-0. Councilperson Wilson then made the motion to approve the minutes of the December 5, 2005 (5:30) meeting as presented, second by Councilperson McCauley, passing on a vote of 6-0. Conncilperson December 19, 2005 2 Wilson made the motion to approve the December 5, 2005 (7:30) minutes as presented, second by Conncilperson Sellers, passing on a vote of 6-0. Clerk Treasurer Wilder presented the claim list for consideration by the Council, explaining four additional claims. Mayor Waiz asked the claim to Labor News in his department be deleted. Councilperson McCauley made the motion to approve the claims including the four additions and the one deletion, second by Councilperson Zasta~vny, passing on a vote of 6-0. pUBLIC COMMENT: Mr. David Lewis, an attorney representing Utica Pike neighbors, appeared before the Council asking they sustain Mayor Waiz' veto, highlighting points made at a previous meeting. He asked the Council to note the number of people in the audience wearing the yellow lapel pins, explaining they agree. Attorney Lewis requests that Councilperson Perkins not vote on this matter as he spoke to the Plan Commission. Attorney Lewis pleads with the Council "Don't change the character of Utica Pike". Ms. Patricia Lowery, a Holman Lane resident, appeared before the Council opposing the Holman Lane rezoning. She noted 37 neighbors have signed a petition. Mr. Ron Smith, a Holman Lane resident, also spoke opposing the rezoning on Holman Lane. He poled the neighbors and found only three that did not agree. He also asked Councilperson Perkins to rescues himself from the vote on Ordinance No. 2005- OR-74. AGENDA ITEMS: Councilperson Zastawny made the motion to table Ordinance No. 2005-OR-74 until the next meting, second by Councilperson McCauley, passing on a vote of 6-0. City Attorney Merkley noted the matter did receive a favorable recommendation from the Plan Commission so the Council must act within 90 day of November 29. 2005. Councilperson Perkins made the motion to table Ordinance No. 2005-OR-76, second by Councilperson Sellers, passing on a vote of 6-0. Mr. Alan Applegate, attorney representing Allison Courtyards, LLC, appeared before the Council with a petition for annexation. Attorney Applegate explained the area and the plans for 142 units. Councilperson Perkins questioned the request for annexation. Attorney Applegate answered due to sewer costs. City Attorney Merkley explained the December 19, 2005 procedure for annexation. Attorney Applegate explained this is a one-owner property. Councilperson McCauley said the Council is currently studying annexation in the area. Council President Grooms made the motion to accept the petition and proceed with the Ordinance and fiscal plan to be presented in January. Attorney Merkley noted the need to consider an Ordinance. Councilperson McCauley withdrew his second and Council President Grooms withdrew his motion. Councilperson Zastawny then made the motion to table the matter until later in the meeting, second by Councilperson Sellers, passing on a vote of 6-0. City Court Judge Vicki Carmichael explained the need for passage of Ordinance No. 2005~OR-80, An Ordinance Amending 2005-OR-53, An Ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of Jeffersonville Indiana For The Year 2006. Following discussion, Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2005-OR-53, second by Councilperson Zastawny, passing on a vote of 6-0. Councilperson McCauley explained he does not want to set a precedent of changing salaries. Councilperson Wilson made the motion to pass Ordinance No. 2005-OR-80 on al three readings, second by Councilperson Sellers, passing on a vote of 5-1. Councilperson McCanley cast the opposing vote. Council President Grooms presented the veto of Ordinance No. 2005-OR-77. Council President Grooms then made the motion to override the veto of Ordinance No. 2005-OR-77, second by Councilperson Zastawny. Councilperson Perkins said he has talked with three attorneys that are not in agreement with Attorney Lewis's letter. Councilperson Perkins said the Mayor does not have the right to veto a zoning Ordinance, therefore he will not vote, as this is a mute point. Attorney Merkley then referred to a 1960's Ordinance that the Mayor "shall" have the right to veto. The vote to override the veto failed on the following roll call vote: Ayes: Councilperson Sellers. Nays: Councilpersons Zastawny, Grooms, and McCauley. No vote: Councilpersons Perkins and Wilson. Councilperson Perkins explained the need to vacate an alley between Maple and Chestnut at Meigs. Following discussion, Councilperson Perkins made the motion to table the request, second by Councilperson Sellers, passing on a vote of 6-0. December 19, 2005 4 Council President Grooms presented Ordinance No. 2005-OR-73, An Ordinance Fixing Basic Salaries Of Elected Officials Of The City Of Jeffersonville, Indian For The Year 2006 for the second reading. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-73 on the second reading, second by Council President Grooms. Council President Grooms suggests changes before the third reading. Councilperson McCauley noted he voted against passage on the first reading. The motion to pass Ordinance No. 2005-OR-73 on the second reading passed on a vote of 6-0. Mayor Waiz suggested there be a higher salary for the Council President. It was noted the salaries had been advertised and cannot be increased. Assistant Fire Chief Tony Decker requested financing for the fire station design phase contract. Mr. Hal Kovert, Architect, answered questions. No land decision has been made. This should not be a problem. The estimated cost of construction is $120 sq. ft. Cotmcil President Grooms asked Mayor Waiz for comment. Mayor Waiz said it would be nice to see this move forward. Following all discussion, Councilperson Sellers made the motion to move money from the EDIT Fund for fees, second by Councilperson McCauley, passing on a vote of 6-0. Assistant Chief Decker reviewed the areas being considered. Councilperson McCauley made the motion to remove agenda item #18, second by Council President Grooms, passing on a vote of 6-0. CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS: Councilperson McCauley reported the Revolving Loan Committee has a meeting scheduled for after the first of the year. Councilperson Perkins reported the annexation plan is moving along expeditiously. It is hoped there will be numbers by February. Council President Grooms asked Councilperson McCauley to recap the TIF finances in January. COUNCIL AND MAYOR COMMENTS: Councilperson Zastawny voiced his concern for denying rezoning that would attract upscale housing. December 19, 2005 5 Councilperson Sellers urges all to get their NIMS test turned in. Councilperson Wilson reported on the Parks claims. Councilperson McCauley noted this is the last regular meeting for the year and he wishes to thank Council President Grooms for the good job he has done this year as President. The amount of public input has been high. It has been a very positive year. Councilperson Perkins noted he is completing his 18th year as a Councilperson and he does not remember an agenda being denied an amendment. Council President Grooms said it is rare. He remembers between 1984 and 1993 at least twice the right to amend the agenda was denied. Attorney Applegate returned with the request for annexation in Ordinance form. Council President Grooms made the motion to take the petition for annexation off tlae table, second by Councilperson Sellers, passing on a vote of 6-0. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-82, An Ordinance Annexing Territory Into The City Of Jeffersonville, Indiana, On Petition By All Of The Owners Of Such Territory Pursuant To The Provisions Of IC 36-4-3-5.1 on the first reading, second by Councilperson Wilson. Public comment was invited. Mr. Mike Hutt expressed concern for drainage expense as the area has flooded in the past. Council President Grooms noted the need for a fiscal plan prior to final adoption. Planning and Zoning Director Hicks said he has done some preliminary work on the fiscal plan. Council President Grooms asked if the applicant should be billed for the work. Director Hicks said that is a good question and should be addressed. Councilperson McCauley asked what the continuity percent is. Attorney Applegate feels it is at least 50%. The motion to pass Ordinance No. 2005-OR-82 on the first reading passed on a vote of 6-0. Council President Grooms noted the holidays in January, asking the Council's wishes for the January meetings. Councilperson Perkins made the motion to hold the regular Council meetings on January 9, and January 23, 2006, second by Councilperson McCauley, passing on a vote of 6-0. Council President Grooms said election of officers would be held at the first meeting and appointments made at the second meeting along with the State Of The Council address. The Council will meet again December 27, 2005 at 7:30 P.M. Councilperson Sellers made the motion to amend the December 27, 2005 December 19, 2005 6 agenda to include the elected officials salary Ordinance, additional appropriation Ordinance and Mayor veto. Mayor Waiz wishes all a Merry Christmas, ~a. As there was no further business to c~e ~ adjoumed 9:10 P.M. (~/~ ¢~ncd happy holiday. ouncil, the meeting was ATTEST: PEGGY WILDER, CLERK AND TREASURER