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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