The Common Council of the Civil City of New Albany, Indiana, Will Hold a Regular Council

The Common Council of the Civil City of New Albany, Indiana, Will Hold a Regular Council

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THE COMMON COUNCIL OF THE CIVIL CITY OF NEW ALBANY, INDIANA, WILL HOLD A REGULAR COUNCIL MEETING IN THE THIRD FLOOR ASSEMBLY ROOM OF THE CITY/COUNTY BUILDING ON THURSDAY, MARCH 7, 2011 AT 7:30 P.M.

The meeting of the New Albany City Council was called to order by President John Gonder at 7:30 p.m.

MEMBERS PRESENT: Council Members Mr. Coffey, Mr. Caesar, Mr. Price, Mr. McLaughlin, Mr. Gonder, Mr. Messer, Mr. Zurschmiede and President Mr. Gahan. Mrs. Benedetti was absent

ALSO PRESENT: Marcey Wisman, City Clerk, Matthew Lorch, Council Attorney

INNVOCATION (if minister is present)

PLEDGE OF ALLEGIANCE:

APPROVAL OR CORRECTION OF THE FOLLOWING MINUTES:

COMMUNICATIONS – PUBLIC:

Valla Ann Marcus, 610 E. Main, addressed the council regarding G-11-03 and informed them that she made a request regarding inspections for all the Bed Breakfasts locations in New Albany. She stated that The Box Tree Inn, The Mansion at Riverwalk and Rabbit Ridge has never been inspected and now The Box Tree Inn is long term rentals. She stated that she and other B&B owners are paying the $150 per year while others aren’t following the law.

Janet Caldwell, Mansion Row Inn owner, addressed the council regarding G-11-03 and stated that she works 50 hours a week as a CPA in order to keep her B&B open and she and her family feel that this is an unfair law.

COMMUNICATIONS – CITY OFFICIALS:

Mr. Gonder brought up issues regarding the farmers market on Scribner Drive and stated that the City should do some maintenance on that structure. He stated that he lives on Captain Frank Drive and at the light at State Street going to Knable and there is a lot of confusion.

Mr. Malysz explained that there is currently a project working on the street lights on State Street and they are also working with Jacobi, Toombs and Lanz to do a complete analysis of the lights in the City.

Mr. Gonder asked if they could hang and directional sign prior to that study being completed.

COMMUNICATIONS – MAYOR

APPOINTMENTS:

APPROVAL OF CF-1 FORMS:

INTRODUCTION OF ORDINANCES AND RESOLUTIONS:READING

G-11-03An Ordinance Establishing Public Health SafeguardsCaesar 1&2

For Food Establishments and Bed and Breakfasts in

New Albany, Indiana

Mr. Caesar moved for the first and second readings of G-11-03, Mrs. Benedetti second, the motion did not pass with two aye votes from Mr. Caesar and Mr. McLaughlin and 6 nay votes from Mr. Coffey, Mr. Price, Mrs. Benedetti, Mr. Messer, Mr. Zurschmiede and Mr. Gahan.

Mr. Caesar requested that Mrs. Wisman reading the ordinance for the public.

Ms. Dawn Stackhouse, Health Department, addressed the council approached the board and discussed the issues that brought this ordinance about, and addressed the issues brought up by Mrs. Marcus and Mrs. Caldwell.

Mrs. Benedetti requested that a committee be put together to work with the Health Department.

Mr. Coffey requested that one of the B&B owners to be on the committee.

Mr. Gahan created a committee made up on Mr. Gonder, Mr. Coffey and Mr. Price and Mr. McLaughlin who would be the chair.

Z-11-03Ordinance Amending the Code of Ordinances of NewCoffey 1&2

Albany, Indiana, Title XV, Chapter 156 (Docket

P-01-11 Jerry Rehor)

Mr. Coffey moved for the first and second readings of Z-11-03, Mr. Price second, all voted in favor with the exception of Mr. McLaughlin who voted no.

Mr. Wood informed the council that this is a half acre site that is not subject to a drainage plan, but the owner was asked to meet with Mr. Ham. He explained that they will be using an underground drainage plan and informed them that the Plan Commission passed the PUD with a vote of 9 ayes.

There was a lengthy discussion regarding the drainage plan for this development.

Bill Naville, stated that they are haven’t purchased the property yet. They are waiting to see if they can get everything approved before they proceed.

G-11-02An Ordinance Amending the Building Commissioner Zurschmiede 3

Electrical Inspection fees

Mr. Zurschmiede moved for the third reading of G-11-02, Mr. Gonder second, all voted in favor. Bill G-11-02 became ordinance G-11-02.

G-11-01An Ordinance Amending the Historic PreservationBenedetti 3

Commission Appeals and Reporting Procedures

Mrs. Benedetti introduced G-11-01 for third reading, Mr. Messer second, all voted in favor. Bill G-11-01 became Ordinance G-11-03.

Mrs. Benedetti reviewed the makeup of the appeals board with the council.

Mr. Caesar asked if they should appoint an architect to the board.

Mrs. Benedettiexplained that she talked with the Building Commissioner and he felt that they did not need one on the board because the Building Commissioner and the Historic Commission Administrator would have more knowledge of the local ordinances.

Mrs. Benedettimoved to amend the ordinance that the meetings would closed to the public and that no member of the board can be called as witness in a trial, Mr. Coffey second, all voted in favor.

MISCELLANOUS ITEMS:

COMMUNICATIONS – PUBLIC (non-agenda items):

IN COMMITTEE:

A-11-01Additional Appropriation in an Amount of $864,200 McLaughlin 3

From the EDIT Fund for Fire Department Equipment

A-11-02Ordinance For the Appropriation of EDIT FundsCaesar 3

Mr. Caesar asked that this be removed

Z-11-02An Ordinance for the Vacation of a Public Way PursuantMesser 3

To a Petition filed by Cynthia L. Townsend-Dickey On

Behalf of the Cynthia L. Griffin-Townsend Trust

ADJOURN:

There being no further business before the board, the meeting adjourned at 8:52 p.m.

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Jeff Gahan, President Marcey Wisman, City Clerk

1 City Council March 7, 2011

All meetings are recorded and on file with the City Clerk’s Office