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February 5, 2013

Museum plan needs council approval

Lease approved by redevelopment to be revisited

JEFFERSONVILLE — Questions about the procedure followed when a lease was approved at a Jeffersonville Redevelopment Commission meeting may cause the document to be void if it is not also approved by the city council.

City Councilman Ed Zastawny attempted to offer a resolution that would require plans to enter into a lease with the Clark County Museum to go through council approval because it was a change in the original plan for which the property being leased was purchased.

However, the resolution was not added to the agenda because the vote was not unanimous.

The vote against came from Council Member Matt Owen, who explained he did not vote to add the resolution to the agenda because it was offered at the last minute and he did not have a chance to review the resolution before being asked to vote on it.

City Council Attorney Scott Lewis said the issue was similar to an amendment of a bond issue brought before the council to include the proposed 10th Street police station as a possible use for the funds.

Since the money was sought under the previous administration under the premise of constructing a canal, a requirement existed that the Planning and Zoning Commission and the city council approve the amendment to the plan. 

“These proposed leases for these museums was on property that was required ... for the purpose of the storm water conveyance system,” Lewis said. “If there is a lease that’s going to be executed to put a possible use for the funds.

Since the money was sought under the previous administration under the premise of constructing a canal, a requirement existed that the Planning and Zoning Commission and the city council approve the amendment to the plan. 

“These proposed leases for these museums was on property that was required ... for the purpose of the storm water conveyance system,” Lewis said. “If there is a lease that’s going to be executed to put a museum in there ... that is a change in the plan that requires the statutory procedure that we had done before. Those leases would not be legally valid unless this statutory procedure was followed.” 

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