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