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HomeMy WebLinkAbout05-01-2006COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA May 1, 2006 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 May 1, 2006. Mayor Rob Waiz, with Deputy Clerk Treasurer Barbara Hollis at the desk, called the meeting to order. Also present was City Attorney Les Merkley. Mayor Waiz welcomed all in attendance, asking all those present to stand as Street Commissioner Ron Ellis 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. Following discussion, Councilperson Perkins made the motion to change the speaker for agenda item #15 to City Attorney Les Merkley and move agenda item #26 to #23A, second by Councilperson Grooms passing on a vote of 7-0. Deputy Clerk Hollis presented the claim list for consideration by the Council. Following questions and comments, Councilperson Perkins made the motion to approve the claims as presented, second by Councilperson Zastawny, passing on a vote of 7-0. PUBLIC COMMENT: Animal Control Officer Michael Wright appeared before the Council in support of the Ordinance regulating domestic or vicious animals. He urged the Council to pass the Ordinance. DEPARTMENT HEAD REPORTS: Park Superintendent Rob Poff appeared before the Council with a bid report on sound equipment for the Riverstage. Superintendent Poff explained the funding for a lease has been provided for in the 2006 budget and he questions future budgets. Following discussion the consensus of the Council was to provide funding. May 1, 2006 2 Councilperson Grooms made the motidn to approve the leasing as presented, second by Councilperson Zastawny, passing on a vote of 7-0. AGENDA ITEMS: Councilperson Grooms introduced Mr. Kerry Stemler, Chairman, One Southern Indiana. Mr. Stemler explained the group is a private - public partnership that is asking for financial support. Mr. Stemler introduced Mr. Ned Pfau, a long-time businessman and Mr. Kevin Bramen, a new businessman. Mr. Bramen explained it is critical to have a united community. Councilperson McCauley said he supports completely the effort of the group that has been put together. The initiative is economic development. Councilperson Grooms noted the energy is exciting. Mayor Waiz noted this group is a perfect tool as economic development is competitive. Following all discussion, Councilperson McCauley made the motion to offer a resolution of support to be followed up with a significant commitment over a 5 year period, second by Councilperson Sellers, passing on a vote of 7-0. Mr. Jack Vissing, Attorney, presented and explained Ordinance No. 2006-OR-25, Jeffersonville Street Light Ordinance. Planning and Zoning plans to revisit streetlights. Mr. Kevin Hammerschmitt, District Manager of Duke Energy explained the histoxy of how streetlights have been paid for. Councilperson McCauley noted the City has been paying for the street lights all along, nOw it is broken down. Attorney Vissing said the City would now pay for the light up front, not for the life of the light. Councilperson McCauley would like to see the 4th "whereas" stricken. Councilperson Fetz made the motion to pass Ordinance No. 2006-OR-25 on the first reading, striking the 4th "whereas", second by Councilperson Sellers, passing on a vote of 7-0. Redevelopment Director Barry Cahill appeared before the Council regarding the tax abatement terminations of Roll Forming and Beth Nova. Councilperson McCauley said he and Councilpersuns Wilson, and Sellers toured Roll Forming and were impressed with every aspect and believe they are a viable employer. Councilperson McCauley made the motion to accept the CF1 for Roll Forming as presented, second by Council President Wilson, passing on a vote of 7-0. Director Cahill then reported that Beth Nova has paid personal property taxes. Councilperson McCauley reviewed the TIF report. Director Cahill recommends Beth Nova approval. Councilperson Perkins made the May 1, 2006 3 motion to accept the CF1 for Beth Nova, second by Councilperson Sellers, passing on a vote of 7-0. Grant Coordinator Kathy Hailer explained Resolution No. 2006-R-28, A Resolution Authorizing The Submission Of IDEM Grant Application. The match will be made from the Sanitation budget. Street Commissioner Ellis explained the equipment. Councilperson Grooms made the motion to pass Resolution No. 2006-R-28 adding "or Motor Vehicle Highway" to #3, second by Council President Wilson. Discussion following regarding the proposed Ordinance changes for trash and garbage pick up. The fees collected should offset the cost 9f equipment. Councilperson Perkins noted Ms. Hailer is a great employee and he would like the Council to consider her status as an employee. The motion to pass Resolution No. 2006-R-28 passed on a vote of 7-0. Street Commissioner Ron Ellis explained the need for passage of Ordinance No. 2006-OR-26, An Ordinance Of Additional Appropriation (Local Roads & Streets). Councilperson Perkins made and then withdrew a motion to suspend the roles for Ordinance No. 2006-OR-26. Councilperson Perkins made the motion to pass Ordinance No. 2006-OR-26 on the first reading. Mayor Waiz asked for public comment. No comment was voiced. The motion [o pass Ordinance No. 2006-OR-26 on the first reading passed on a vote of 7-0. City Attorney Les Merkley explained the need for passage of Ordinance No. 2006-OR-24, An Ordinance Of Additional Appropriation (General Fund - Department of Law). Councilperson McCauley made the motion to pass Ordinance No. 2006-OR-24 on the second and third readings, second by Councilperson Grooms. Attorney Greg Filer has reviewed the employment contract. The motion to pass ordinance No. 2006-OR-24 on the second and third readings pasged on a vote of 5-2. Councilpersons Perkins and Fetz voted against passage. Ms. Kristen Heden appeared before the Council representing Highland Trace, explaining the need for passage of ordinance No. 2006-OR-23, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Part Of Survey No. 10 Of The Illinois Grant In The City Of Jeffersonville Containing A 21.62 Acre Tract More or Less Located At 1224 Reeds Lane From M2: Multifamily Residential To PD-M2: Planned Development-Multifamily Residential. Planning and May 1, 2006 4 Zoning Director Chester Hicks explained the request is to allow flexibility. Councilperson Grooms made the moti6n to pass Ordinance No. 2006-OR-23, second by Councilperson Sellers. Mayor Waiz requested public comment. Mr. Derek Spence asked if there would be damage to the wetland. Ms. Heden explained the plans would have to be approved by the Corps of Engineers and IDEM. The motion to pass Ordinance No. 2006-OR-23 passed on a vote of 7-0. City Attorney Les Merkley presented Ordinance No. 2006-OR-19, An Ordinance Amending 2005-OR-80 Which Amended 2005-OR-53, Which Amended 2006-OR-2, An Ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of Jeffersonville, Indiana For The Year 2006. Councilperson McCauley made the motion to pass Ordinance No. 2006-OR~19 on the third reading, second by Councilperson Grooms. Councilperson Fetz said he would vote in opposition as he may request an audit. Councilperson Sellers is in favor of requesting an audit. The motion to pass Ordinance No. 2006-OR-19 on the third reading passed on a vote of 5-2. Councilpersons Perkins and Fetz voted against passage. Deputy Clerk Barbara Hollis explained the need for passage of Ordinance No. 2006-OR-27, An Ordinance Of Additional Appropriation (General Fund - Pool Bond). Councilperson Perkins made the motion to pass Ordinance No. 2006-OR-27 on the first reading. Councilperson McCauley feels pool receipts should pay for pool expenses, asking City Attorney Merkley to prepare an Ordinance for a new fund. Mayor Waiz requested public comment. No comment being heard the motion passed on a vote of 7-0. City Attorney Merkley explained the need for passage of Resolution No. 2006-R- 29, A Resolution To Advertise For An Additional Appropriation (EDIT Fund-Landsburg Cove Street Lights). Councilperson McCauley said the new street light policy would be beneficial. Following all discussion, Councilperson Perkins made the motion to pass Resolution No. 2006-R-29, second by Council President Wilson, passing on a vote of 7- 0. Councilperson Fetz made the motion to table the Capital Asset Ordinance, second by Councilperson Sellers, passing on a vote of 7-0. City Attorney Merkley explained the need for passage of Resolution No. 2006-R- 30, A Resolution To Advertise For An Additional Appropriation (General Fund-Law May 1, 2006 5 Department-Litigation Expenses Bridgeview v. City). Councilperson Fetz said it is not right that Mayor Waiz refused the CoUncil the right to have representation in this case. Councilperson Perkins noted the named parties in the case are Redevelopment, Planning and Zoning, and Board of Zoning Appeals. Councilperson Fetz said the parties concerned should be asked to help pay the fees. Councilperson McCauley said these are valid issues. He does not want to take any risks. Councilperson Zastawny made the motion to pass Resolution No. 2006-R~30, second by Councilperson Grooms, passing on a vote of 7-0. City Attorney Merkley introduced Ms. Sue A. Beesley, Attorney with Bingham McHale LLP and Mr. Herschel Frier~on of Crowe Chizek and Company LLC. Ms. Beesley explained Resolution No. 2006-R-31, A Resolution OF The Common Council Of The City Of Jeffersonville, Indiana Concerning The Need For Proposed Fire Station And Maintenance Building Projects. Councilperson Perkins made the motion to pass Resolution No. 2006-R-31, second by Councilperson Sellers, passing on a vote of 7-0. Ms. Beesley next explained the need for passage of Resolution No. 2006-R-32, A Resolution Authorizing The Reimbursement Of Certain Expenditures Made Prior To The Issuance Of Long-Term Financing. Councilperson Perkins made the motion to pass Resolution No. 2006-R-32, second by Councilperson Fetz, passing on a vote of 7-0. Ms. Beesley then explained the need for passage of Resolution No. 2006-R-33, A Resolution Of The Common Council Of The City Of Jeffersonville, Indiana Conceming A Preliminary Determination To Enter Into A Proposed Lease. Councilperson Perkins made the motion to pass Resolution No. 2006-R-33, second by Councilperson Fetz. Mayor Waiz asked for public comment. No comment was voiced. The motion passed on a vote of 7-0. Councilperson Perkins presented the amended Ordinance No. 2006-OR-14, An Ordinance Regulating Domestic Or V~cious Animals Within The City Limits Of The City Of Jeffersonville. Councilperson Perkins made the motion to pass Ordinance No. 2006- OR-14 as amended on the second and third reading, second by Councilperson Sellers. City Attorney Merkley stated he has not had the time the review the amended Ordinance. The motion to pass Ordinance No. 2006-OR-14 as amended on the second and third readings passed on a vote of 7-0. May 1, 2006 City Attorney Merkley presented and explained Ordinance No. 2006-OR-21, Qualified Professional Certification Ordinance. Councilperson Perkins made the motion to pass Ordinance No. 2006-OR-21 on the second and third readings, second by Councilperson Sellers, passing on a vote of 7-0. CLERK TREASURER COMMENTS: Deputy Clerk Hollis reminded all to vote. COMMITTEE REPORTS: Councilperson McCauley explained the need for clarification regarding the employee health insurance cost. The employee is required to pay 20%. The question is if the 20% is of the maximum or expected rate. Councilperson Zastawny asked if it is worth having plan B for 11 employees. Mayor Waiz said there is a need to get started. Councilperson McCauley said this is a $5,000 decision. Following all discussion, Councilperson McCauley made the motion to use the expected claim rate to determine the cost to employees on plan A with the cost to employees on plan B for family is to be $60 less than plan A, second by Councilperson Sellers, passing on a vote of 7-0. COUNCIL AND MAYOR COMMENTS: Councilperson Perkins said the annexation committee has not heard from Umbaugh. He will call this week. Mayor Waiz said Umbaugh will be coming to talk to the Department Heads. Councilperson Zastawny received a Jeffersonville Town Center is moving forward. call from Mr. Jack Koetter saying Councilperson Zastawny said thank you to Mayor Waiz regarding the absence of lines on Nole Drive. He encourages Mayor Waiz to keep extending the sidewalks. Councilperson Fetz reported the Ethics Committee has met twice and has requested answers to legal questions from the Secretary of State. The committee will be getting comments from citizens. The next meeting is Monday. Council President Wilson is looking forward to the dance floor at Warder Park. She questions the progress of sidewalks on Perrin Lane. Mayor Waiz will check with Engineer Lanz. Councilperson Grooms will present the trash and refuse Ordinance at the next meeting. He introduced J.J. Smith and Logan Muller from Channel 9. He thanked May 1, 2006 7 Officer Tim Derringer for his attendance. Councilperson Grooms gave a recycling update. Mayor Waiz wished all a good night and ur_,.fdm~-att-to~ge~t/out, and vote. As there was no further bu sines s to c~e~cil, the meeting was adjourned 10:00 P.M. ROBERT L. WA~, MAYOR /