HomeMy WebLinkAbout02-27-2006COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
February 27, 2006
The Common Council of the City of Jeffersonville, Indiana met in regular session
in the Multi-Propose Meeting Room in the City-County Building, Jeffersonville, Indiana,
at 7:30 P.M. on Monday February 27, 2006.
Mayor Rob Waiz, with Deputy Clerk Barbara Hollis at the desk, called the
meeting to order. Also present was City Attorney Les Merkley. Mayor Waiz welcomed
all in attendance, asking alt those present to stand as Ms. Jennifer Mills, Pastor at St.
Luke's United Church of Christ 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 asked that agenda items gl 1, #12 and #23 be removed and
adding a public hearing regarding financing fire station projects as gl 1. Councilperson
Grooms made the motion to remove agenda items gl 1, #12, and #23 and adding a public
hearing regarding financing fire station projects as #11, second by Conncilperson Fetz,
passing on a vote of 7-0. Councilperson Grooms than made the motion to add committee
reports as agenda item #23, second by Conncilperson Sellers, passing on a vote of 7-0.
Mayor Waiz presented minutes for approval. Council President Wilson made the
motion to approve the minutes of Febrnary 6, 2006, 7:30 P.M. as presented, seconded by
Councilperson Zastawny, passing on a vote of 7-0.
Deputy Clerk Treasurer Hollis presented the claim list for consideration by the
Council. Conncilperson Perkins made the motion to approve the claims as presented,
second by Councilperson Zastawny, passing on a vote of 7-0.
PUBLIC COMMENT:
There was no public comment.
February 27, 2006 2
AGENDA ITEMS:
Mr. Kevin A. Grove, Senior Vice President/Partner, of Commercial Real Estate
Consultation and Brokerage Services appeared before the Council to request passage of
Ordinance No. 2006-OR-10, An Ordinance Granting Petition To Vacate A Public Way In
The City Of Jeffersonville. Mr. Grove explained the area and intended use. No
opposition was received at a public hearing. City Attorney Merkley said the City has no
intention of using the area as a road. Councilperson McCauley made the motion to pass
Ordinance No. 2006-OR-10 on the first reading, second by Councilperson Zastawny.
The public hearing was announced and comment requested. No comments were voiced.
The motion to pass Ordinance No. 2006-OR-10 on the first reading passed on a vote of 7-
0.
City Attorney Merkley explained this meeting has been advertised as a public
hearing on the financing alternatives for fire station projects. Councilperson Perkins
made the motion to continue the public heating to the next Council meeting, second by
Councilperson Grooms. City Attorney Merkley asked for public comments. No public
comments were heard. The motion carded 7-0.
Councilperson Perkins made the motion to pass Ordinance No. 2006-OR-6, An
Ordinance To Clarify Which Board Shall Have The Sole Authority To Approve
Expenditures And Claims From Funds Derived From Tax Increment Finance Districts
(TI~ Districts) on the third reading, second by Councilperson Fetz, passing on a vote of
7-0.
Deputy Clerk Hollis explained the need for passage of Resolution No. 2006-R-18,
A Resolution To Advertise For An Additional Appropriation (General Fund - Common
Council - Beautification Committee). Councilperson Perkins made the motion to pass
Resolution No. 2006-R-18, second by Council President Wilson, passing on a vote of 7-
0.
Deputy Clerk Hollis next explained the need for passage of Resolution No. 2006-
R-19, A Resolution To Advertise For An Additional Appropriation (EDIT Fund - 8
Police Cars). Councilperson Grooms reviewed the Cumulative Capital Fund balances for
2004, 2005, and 2006. Councilperson Perkins made the motion to pass Resolution No.
2006-R-19, second by Councilperson Sellers, passing on a vote of 7-0.
February 27, 2006 3
Deputy Clerk Hollis explained the need for passage of Ordinance No. 2006-OR-
I 1, An Ordinance Of Additional Appropriation (EDIT Fund - City Hall Third Floor
Modifications). Councilperson Perkins made the motion to pass Ordinance No. 2006-
OR-11 on the first reading, second by Councilperson Fetz, passing on a vote of 6-1.
Councilperson Grooms voted against passage. Councilperson Perkins asked the Council
if they would object to asking Redevelopment to pay this from TIF Funds. There were
no objections.
Councilperson Perkins requested passage of Ordinance No. 2006-OR-12, An
Ordinance Granting Petition To Vacate A Public Way In The City Of Jeffersonville
Between Maple & Chestnut. Councilperson Perkins explained City vehicles have hit the
overhang on a residence. He explained the area saying it will not affect garbage pick up.
Mayor Waiz asked for public comment. Mr. Charles Meiners, a resident of 607 Chestnut
said he uses the alley ever day. He has a new garage with no driveway. Mr. Dan
Christensen appeared representing his daughter that owns property at 611 Chestnut Lot
#2. The tenant at the property was notified of this heating, not the owners. This alley has
been used for 15 years. Mr. Victor Troutman a resident at 615 East Chestnut, expressed
his concern for the garages in the alley. Mr. Timothy Flyrm said he has had his gutters
taken off the house. He has put concrete blocks in the alley to keep vehicles away from
his house. His house has been hit twice in 20 years. Councilperson Perkins made the
motion to pass Ordinance No. 2006-OR-12 on the first reading, asking the Council to
visit the area, second by Councilperson Grooms, passing on a vote of 5-2.
Councilpersons Grooms and Zastawny voted against passage.
Deputy Clerk Hollis explained the need for passage of Ordinance No. 2006-OR-
13, An Ordinance Of Additional Appropriation (General Fund -Building Commission).
Councilperson Sellers is concerned for the cost of the no smoking signage. Council
President Wilson said a grant has been applied for. Councilperson Perkins made the
motion to pass Ordinance No. 2006-OR-13 on the first reading, second by Council
President Wilson, passing on a vote of 4-3. Councilperson Grooms, Sellers, and
Zastawny voted against passage.
Councilperson Perkins introduced Ordinance No. 2006-OR-14, An Ordinance
Regulating Domestic Or Vicious Animals Within The City Limits Of The City Of
February 27, 2006 4
Jeffersonville, making the motion to pass on the first reading, second by Councilperson
McCauley, passing on a vote of 6-1. Councilperson Zastawny voted in opposition.
Councilperson Perkins made the motion to table a Resolution Approving
Document Retention Scheduling, second by Council President Wilson, passing on a vote
of 7-0.
Councilperson Fetz made the motion to table a Resolution Approving Investment
Policy, second by Council President Wilson, passing on a vote of 7-0.
CLERK TREASURER COMMENTS:
There were no Clerk Treasurer Comments.
COMMITTEE REPORTS:
Councilperson Perkins said the annexation committee met today with several
representatives. The information has been turned over to Umbaugh. He will be walking
to get signatures to put gambling on the ballot.
Councilperson Sellers attended the Sewer Board meeting. She gave a sewer
expansion report.
Councilperson Grooms has met with Street Commission Ellis regarding trash pick
up. He will be getting with City Attorney Merkley to draft an Ordinance. He is hoping
to have a finance committee meeting.
Councilperson McCauley explained the tax abatements were done at the Council
workshop, reviewing the actions. Six CFI's were approved. Three were not received
and the rescinding process will be started. The good news is the 7.5% fee to support
enfomement. This is a good move.
Council President Wilson reported the Spay/Neuter committee has meet and are
planning an April 28 golf tournament to raise funds. The Riverstage committee has met
and will meet again next week.
COUNCIL AND MAYOR COMMENTS:
Councilperson Zastawny has talked with Clerk Treasurer Wilder and Deputy
Clerk Suzy Bass regarding the top 20 salaries and vendor publication. Changing of the
date was discussed. Councilperson Zastawny had asked City Attorney Merkley about
bonding requirement. City Attorney Merkley said he had forgotten but will get it.
Councilperson Zastawny has talked to Planning & Zoning Director Hicks about
February 27, 2006 5
apartment standards and regulations as he feels the City is behind the times. This will be
worked on. Councilperson Zasta~vny asked Councilperson McCauley about a deadline
for the Town Center. City Attorney Merkley said the first thing to be done is to amend
that TIF District to carve out the area. This should be done at the next Redevelopment
meeting. Councilperson Perkins called Kent Arnold today, and has not heard back. He
hopes to hear from him soon. Councilperson Zastawny urges complaints regarding
debris.
Councilperson Fetz said he would like the Mayor and City Attorney to allow the
Council to chose a representation on the Bridgeview Case. He has been told an attorney
from Jasper has been hired. He feels the City would be better served by local
representation that is familiar with the case. He is part of a PAC Committee that was
established to "keep it local". He has a hard time justifying bringing in outside Counsel.
He asked if the Council still wants representation. The Council is not named but will
have to come up with the money. He asked for comments and justifications.
Councilperson Sellers would like to know what experience this attorney has. City
Attorney Merkley explained this is an area of law that he specializes in. He is the City
Attorney of Tell City. He has the knowledge and experience that will benefit the
taxpayers. He will be charging the same rate as the previous attorney. City Attorney
Merkley said the attorney that previously handled the case quit. It is unfortunate that
some would like to make this case a political football. Councilperson Sellers concern is
about discovery. City Attorney Merkley has been working with him. Councilperson
Sellers was told that the previous attorney could be recognized by the Council and the
Mayor. When he arrived he was told he no longer could. City Attorney Merkley said
that is true but feels the City will be better represented by the attorney that has been
retained. Councilperson Sellers pointed out this is a 2.9 million dollar case. She hopes
City Attorney Merkley is right. Councilperson Fetz asked if the administration will allow
the Council to have legal representation to represent the fiscal body. City Attorney
Merkley pointed our there are over a half dozen cases in which the City is involved and
the City Council is named in only one. Why is this case different? Councilperson Fetz
said because of the magnitude it has on the taxpayers. Councilperson Sellers added it is
not covered by insurance. Mayor Waiz believes it will be done right by the individual
February 27, 2006 6
hired. He suggests before judgment is passed the Council should sit down and talk with
the individual. City Attorney Merkley would be happy to consider another direction if
after the Council meets with him they do not feel it is the right direction. Councilperson
Zastawny feels the frustration is that the administration agreed to allow the previous
attorney and then did not. City Attorney Merkley stated he knows that feeling.
Councilperson Perkins has expressed his feeling previously. He feels Councilperson Fetz
makes the strongest point that if the City is held liable, the Council will have to pay the
penalty. It seems peculiar that the law would not allow the fiscal body to be represented
when it is the fiscal body that will have to increase taxes to pay the penalty.
Councilperson Fetz feels this attorney is probably very confident and experienced but he
does not feel confident this attorney can prepare for a case in 45 days that another
attorney has been working on for 18 months. This is a risk over personalities and
personal conflicts. At some point these need to be moved aside. Councilperson Fetz
does believe all involved have good intentions.
Councilperson Grooms was asked if there was any hope of a~previous pledge of
$10,000 for the Boys and Girls Club. This is something to think about. Councilperson
Grooms asked if there are plans of widening Hamburg Pike this year, specifically in the
area of Thomas Jefferson School. Mayor Waiz said probably next year, explaining the
plans. There are some KIPDA funds for this. Property acquisition should start soon.
Councilperson Grooms asked about the condition of Engineer Bob Miller. Mayor Waiz
said he was back to work today. Councilperson Grooms acknowledged the passing of
Information Technology Director Rich Davis. He will be sorely missed. He did a lot for
us. Mayor Waiz agreed he will be missed as he did a lot.
Councilperson McCanley feels there is a limited time of 6 months in issuing the
bonds for the Veterans Parkway project.
Council President Wilson would ask the Mayor to reconsider in the Bridgeview
Case as all involved want what is best for the City. She feels two heads are better than
one. She asks him to keep this in mind.
Mayor Waiz said City Hall is going well asking all to go look.
February 27, 2006
As there was no further business to come/b~o
adjourned 9:00 P.M. //~2~t~
ROBERT L. WAy
PEGGY WILDER, CLERK AND TREASURER
ouncil,
7
the meeting was
MAYOR