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HomeMy WebLinkAbout07-17-2006 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA July 17, 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 July 17, 2006. Council President Barbara Wilson, 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. Council President Wilson welcomed all in attendance, asking all those present to stand as Councilperson McCauley gave the invocation. Council President Wilson then asked all those present to join her 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 Grooms made the motion to withdraw agenda item #13 to be discussed at a workshop, add an Ordinance vacating, and add Ordinance No. 2006-0R-37, second by Councilperson Fetz, passing on a vote of 7-0. Council President Wilson presented the minutes for consideration by the Council. Councilperson Fetz made the motion to approve the minutes of June 19,2006 (7:30 P.M.) as presented, second by Councilperson Zastawny, passmg on a vote of 7-0. Councilperson Fetz made the motion to approve the minutes of June 30, 2006 as presented, second by Councilperson Zastawny, passing on a vote of7-0. Clerk Treasurer Wilder presented the claim list for consideration by the Council, explaining three additional claims. Councilperson Perkins made the motion to approve the claims and the three additional as presented, second by Councilperson Sellers, passing on a vote of7-0. PUBLIC COMMENT: City Attorney Les Merkley reviewed Ordinance 93-0R-23 regarding time allowed for public comment. July 17, 2006 2 Mr. Mike Campbell, 3017 Seminole Drive, appeared before the Council asking they approach annexation with an open mind. He feels legislation requiring 65% of resident having to be against annexation is unfair. Many have signed remonstration rights away by getting Jeffersonville sewer. Mr. Campbell is against annexation, asking the Council consider the fairness. Mr. R. Summers, 3019 Seminole Drive, agrees with Mr. Campbell as he absolutely sees no benefit to those being annexed. Mr. Tom Yingling, 1212 Flagstone, narrated several quotes. Mr. Yingling said he does not need anything the City has to offer. It would be taking money out of many pockets, getting little in return. It is not fair. Mr. Yingling will be walking Pebble Creek with a petition. Mr. Mike Hutt, 2123 East 10th Street, did not see that the fees regarding trash/refuse collection have been removed from the Ordinance. AGENDA ITEMS: Councilperson Grooms introducing Ordinance No. 2006-0R-28, An Ordinance Regarding Refuse/Garbage Collection explaining there are no additional fees in this Ordinance, only those that are in the original Ordinance. This is not about generating money but has been designed to encourage people to put trash in containers. Councilperson Perkins, referring to section 13 - 5, 6, and 7 on page 8, asks if it is going to cost more to collect that what the City will receive. Councilperson Grooms again said this is not about money and he has no objection to taking these fees out. Councilperson Grooms made the motion to pass Ordinance No. 2006-0R-28 on the third reading, passing on a vote of 5-2. Councilpersons Perkins and Fetz voted against passage. Councilperson Perkins appreciates the hard work Councilperson Grooms has done on this. Councilperson Fetz introduced and explained Resolution No. 2006-R-35, A Resolution Withdrawing $5 Million Dollar Taxpayer Funded Incentives For Development Of Jeffersonville Town Center. He has been promised leases and a financial partner and they have not been produced. He is not against the proj ect; his purpose is to cause a momentum shift. Councilperson Fetz made the motion to pass Resolution No. 2006-R-35, second by Councilperson Perkins. Councilperson McCauley July 17, 2006 3 explained the City involvement in Town Center financing. The Council is behind this project and it is frustrating that deadlines have not been met. Councilperson Grooms does not see there is anything to withdraw. Councilperson Sellers agrees with Councilperson Grooms, as the Council has not given anything. Councilperson Zastawny also agrees with Councilperson Grooms. Councilperson Perkins said Mr. Kent Arnold the developer assured him that in 7-10 days he would have financing. The vote is to send a signal, as this project has been ongoing for 3-5 years. Councilperson Zastawny noted the City does not own the property. Council President Wilson noted Mr. Arnold attended the workshop promising leases and a financial partner by the end of August. At the conclusion of all discussion, the motion to pass Resolution No. 2006-R-35 failed on a vote of 2-5. Councilpersons Zastawny, Sellers, Wilson, Grooms, and McCauley voted against passage. City Attorney Les Merkley presented and explained Ordinance No. 2006-0R-39, An Ordinance To Amend Ordinance 2006-0R-60, An Ordinance Regarding Authority To Approve Expenditures And Claims From Funds Derived From Tax Increment Finance (TIP) Districts. Councilperson McCauley made a suggestion for an amendment. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2006- OR-39, second by Councilperson Sellers, passing on a vote of 7-0. Councilperson McCauley than made the motion to pass Ordinance No. 2006-0R-39 with amendment language by Attorney Merkley, on all three readings, second by Councilperson Perkins, passing on a vote of7-0. Mr. Steve Hawkins of Applegate & Fifer, representing Mr. Karl Truman, presented a petition to vacate, explaining the area. A public hearing was scheduled for July 3, 2006. The meeting was cancelled, however Deputy Clerk Hollis watched the doors from 7:20 P.M. until 7:40 P.M. no public attempted to enter. Councilperson Perkins noted construction has been started on the property, asking if a building permit had been obtained. Councilperson Perkins feels they really have a problem. Councilperson F etz feels this should be taken to a workshop and he would not put a lot more money into the project. Councilperson McCauley asked if there is a problem with vacating. Councilperson Perkins said the area has been used for parking, and he would like to see the permits. Councilperson Perkins made the motion to table the matter. July 17, 2006 4 Councilperson Fetz asked the matter be placed on the agenda for the workshop. Councilperson Perkins made the motion to authorize Councilpersons Wilson and Fetz to get an outside attorney to get an opinion. Councilperson Perkins then withdrew his motion. Councilperson Grooms feels City Attorney Merkley should give his opinion. City Attorney Merkley will give his opinion to Mayor Waiz, and then Mayor Waiz can give his opinion to the Council. The motion to table passed on a vote of 7-0. Councilperson ~rs. reviewed the schedule the budget committee (Councilpersons Sellers, ~d Grooms). The committed will meet in the Mayor's Conference room on July 24, 25, 26, 27, and 31. Clerk Treasurer Wilder presented the requited dates for budgets. The Council will meet August 14 and 16 at 6:00 P.M. Clerk Treasurer Wilder thanks Mayor Waiz for getting the budgets to her. Councilperson Grooms would like to review the Cumulative Capital Development Fund, CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS: Councilperson Perkins said the fiscal plan draft is about ready. It should be ready for passage mid to end of August. The preliminary figures look encouraging. Councilperson Fetz scheduled a meeting for the Ethics Commission for July 24, 2006 at 5:00 P.M. Councilperson Grooms said the Finance Committee would meet this Thursday. MAYOR AND COUNCIL REPORTS: Councilperson Zastawny reviewed the Major Moves funding. It would be wise to see the intentions for the use of this money. A fund needs to be set up. Councilperson Sellers reviewed a financial report regarding the Quadrangle, noting a time line. She asked a list of questions. She suggests hiring an outside Attorney to decide if Redevelopment owes the City 1.6 Million dollars or if the City owns the building. This does need to be looked into. Councilperson Grooms said the information Councilperson Sellers presented is very interesting. He then asked if the budget meetings have to be advertised. Clerk Treasurer Wilder said they did and that she would do that. He would like to schedule Ms. Diane Swank for a financial overview of health insurance for August 7. Councilperson July 17,2006 5 Grooms thanked Officer Jackson for his attendance at this meeting. He also thanked all for their attendance. Council President Wilson reminded all of the Concerts In The Park. She also thanked Officer Jackson and all for attending. /"- As there was no further business to cote before adjourned 8:50 P.M. Council, the meeting was AT~ .. ~~l;~d-- _ PEGGY WILDER, LERK AND TREASURER 2006 Budget Season Preview August 1 - County Auditor certifies assessed values September 10 - Municipalities: Deadline for first publication of budget hearing and adoption (at least ten days prior to the public hearing) September 17 - Municipalities: Deadline for second publication of budget hearing and adoption (at least three days prior to the public hearing) September 19 - Deadline to file excess levy appeal (except a property tax shortfall appeal) with Department of Local Government Finance ("DLGFlI) September 20 - Municipalities: Deadline for public hearing (at least ten days prior to adoption meeting) September 30 - Municipalities: Deadline for budget adoption October 2 - Municipalities: Deadline to file (two copies of budget documents with the County Auditor) February 15 - DLGF certifies budgets, rates and levies March 1 - Deadline to file property tax shortfall levy appeal with the DLGF /