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HomeMy WebLinkAbout03-16-1992COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONViLLE~ INDIANA MARCH 16, 1992 The Common Council of the city of Jeffersonville met in regular session in Council Chambers in; the City-County Building, Jeffersonville, Indiana~ at 9:30 P.M. on the 16th day of March~ 1998. The meeting was called to order.by Mayor Raymond J. Parker Jr., with Clerk and Treasurer C. Richard. Spencer Jr., at the desk. Mayor Parker welcomed all in attendance, iasking all those present to stand as Councilperson Steven Stemler gave the invocation. He then asked all those present to join him in the'pledge of allegiance flag. to the The roll was called and those ~resent were Councilpersons Bill Wolpert, Andrew Williams III, Donna M. Frantz: Peggy Knight Wilder: L. Marie Clapp, Robert L. Potter, ~nd Steven R. Stemler. Absent: None. seconded by M~yor Parker presented the m~nutes of the meeting of March 8~ i998 for consideration by the Council. Councilperson Potter made the motion to approve the minutes as presented, Councilperson Wolpert, and carried unanimously. inquired if there was a representative audience. There being no answer~ Mockabee ~f he wished to speak. Mr. Councilperson Frantz of Liter's Quarry in the Councilperson Frantz asked Mr~ Mockabee said the blasting had been cut down a lot, however there does remain the dust problem. He then reviewed the history of problems and the dates he has brought them before the Council. Councilperson Frantz promised to call Mr. Liter. Counc~lpersons Stemler and Frantz were praised for the ~ob they are doing. Councilperson Wilder introduced Ordinance No. 98-0R-1~ An Ordinance Requiring Barricades Around Quarries and Other Open Pits, stating her concern for safety. She referred to the law requiring fences around home pools. Councilperson Potter made the motion to suspend the rules for Ordinance No~ 92-0R-17, seconded by Councilperson Wolpert~ failing on a vo~e of 6-1. Councilperson Stemler voted against suspension~ questioning the definition of "open pit". It is his feeling this should be defined. Councilperson Potter PAGE 2 MARCH 16, 1992 then made the motion to pass second reading~ seconded unanimously. Counci!person Wilder the third reading thanking all Ordinance No 9R-OR-l? on the first and by Councilperson Williams, carrying introduced Ordinance No. 9B-OR-14 for from the Suburban Acres area for coming out again. Mr. Mabley asked the Council for support for this problem. Councilperson Wilder asked the Council to ~emember the severity of the problem and that promises had been made. She further stated she is a however will be solved the tax base has lived she does believe if these problems can be on Center Street increased. Mr. Clarence Keys since 1978 a~d has asked and stated he asked for help. Mr. Mabley said that Engineer Jorge.Lanz has said that Suburban Acres does have the worst problem. Counci~person Frantz said the City has started a drainage study and has a Drainage Board. She further stated the City has spent $107000 in Suburban Acres. $83,000 and Developer Walt Bales has spent A woman in th~ audience fears a child may drown as she has seen a canoe go through her back yard~ and the Jeffersonville introduced Mr. drainage study reasons. XThis been obtained. problem and there be measured in feet, not inches. Mr. Mabley loves but feels he can't live this way. Mayor Parker John Toombs of Jacobi, Toombs and Lanz who explained a was started but has been pqt on hold due to financial would cost approximately $~50,000. Aerial photos have Councilperson Potter said this is a serious~ serious is a need to start somewhere. Councilperson Wilder agreed with this. Councilperson Wilder then made the motion to pass Ordinance No. 98-0R-14 on the third reading~ seconded by Councilperson Potter, passing on the following roll call vote: Ayes: Councilperson Wolpert~ Wilder~ Clapp~ Stemler, and Potter. Nays: Councilpersons Williams, and Frantz. Mayor Parker introduced Ordinance No. 92-0R-18, An Ordinance Transferring Surplus Funds From The Cumulative Capital Improvement Fund To The General Fund, ~sking Clerk and Treasurer Spencer to explain the Ordinance. ~ollowing all discussion, Councilperson Wilder made the motion ~o suspend the rules for Ordinance No. 92-0R-18, seconded by Councilperson Potter and carried PAGE B MARCH 16, 1992 unanimously. Councilperson Wilder Ordinance No. 92-0R-t8 on all Councilperson Potter, passing on the Ayes: Frantz, Wilder~ Nays: Ordinance 91-OR-Aq. Councilperson and Clapp. None. Councilperson Potter Stemler, then made the motion to pass three readings~ seconded by following roll call vote: Potter, Wolpert, Williams~ introduced iOrdinance No. 92-0R-19, An Amending Certain Portions of}i ~ection 1 Of Ordinance No. Councilperson Wilder asked AniMal Shelter Manager Wheatley if the increase at the Animal Shelter was ifor an additional person or if an additional appropriation would be oecessary. Manager Wheatley explained this was for additonal part-time help as the shelter size has increased. She further explained she does not forsee the need for an additonal appropriation. Councilpersqn Frantz has concerns for granting a "merit raise" and feels thi~ would be bad for other employees. Councilperson Wilder feels it should be stressed this is not for a person but for a position. Th~ money by becoming self-insured, and has' raise is small in comparison to what has~ City has managed to save definitely profited. The been saved as duties have been performed over time. It was stressed that this and is beneficial when compared benefits. Councilperson Frantz grow eventually the employees will and Treasurer Spencer explained he does City, including the previous Councils was the program. The City has also gone to well-care program run Office. The employees programs. The and above, and questio~s have been answered at any is a position and not an individual, to hiring!an additional employee with feels that if the fund is allowed to benefit with lower rates. Clerk not believe anyone in the aware of the complexity of a prescription card and a totally through the Clerk and Treasurer's are the main beneficieries of these two presorption program alone has saved approximately $35,000. and interest has been earned. Clerk and believes this is more than deserving and more than City. At the conclusion of all discussio~ the motion to pass Ordinance No. 92-0R-i9 reading: seconded by Councilperson Wilder. Treasurer Spencer beneficial to the Councilperson Potter made on the first and second Ordinance No. 92-0R-19 PAGE 4 MARCH 16~ 1992 passed on the first and second vote: Ayes: Councilpersons reading with the following roll call Stemler~ P~otter~ Wolpert~ Williams~ Wilder, and Clapp, Nays: Councilperson Frantz. Council President Williams introduced Ordinance No. 92-0R-20, An Ordinance Transferring Certain Funds Within Same Department. Following all discussion, Council President Williams made the motion to suspend the rules for Ordinance No. 92-0R-20, seconded by Councilperson Clapp, and passed unanimously. Council President Williams then made the motion to pass Ordinance No. 92-0R-20 on all three readings~ seconded by Councilpers~n Potter, passing on the following roll call vote: Ayes: Councilpersons Clapp, Wilder~ Frantz, Williams~ Wolpert, Potter, and Stemler. Nays: None. Councilperson Wolpert introduced Ordinance No. 92-0R-15~ An Ordinance Establishing Limited Time Parking Zones for the second and third readings~ asking for comments. Mr. John Perkins~ taxpayer and former Councilperson explained the removal of the parking meters has been debated several times with the merchants changing their minds several times. He explained this is a public utility operated by user fees. He feels there are three options; do nothing, leavethe meters in and do not regulate~ take them out andbe prepared at budget time to add two cents, three cents~ or more on'the tax rate. He believes it is wishfull thinking to believe that the fines will support the program. Further discusion regarding! prosecution and funding followed. Councilperson Wolpert~ in studying other cities, found that fines came close to meeting expenses. Mr. iWayne Carter encouraged the Council to pass this Ordinance and ta~e the meters out. Meter Attendant Vicky Haire has received severalicomments against taking the meters out. There are concerns from the business people for the two hour limit. New Albany has taken their m~ters out and they now have two full-time employees marking tires biggest abusers are store owners and Frantz suggests the meters be left in and one full-time clerk. The ban~ employees. Councilperson and:covered so there could be a PAGE 5 MARCH 16, 1992 trial period. Others agreed with this. The owner of "Affairs Of The Heart" urged the Council to take the ~eters out. Councilperson Wolpert feels the meters aggrevate peo~le. Councilperson Stemler feels the growth in downtown is excellent~ and a value cannot be put on this. If the tax rate is increased one cent~ would this be recognized in business growth? A member %f the audience stated the people of Jeffersonville want change. Mr. Perkins agreed with Councilperson Stemler's point, saying it is hard to judge what it would do to downtown Jeffersonville~ the questions is who is going to pay to regulate parking. The cost of the fines in other cities was discussed. Clerk and Treasurer Spence~ said the Parking Meter Division will go along with the Council's desires, however he requests that eyes be open and not to rush into ~nything without an orderly plan. Following all discussion~ Councilpefson Wolpert made the motion to pass Ordinance No. 9B-OR-15 on the second and third readings~ seconded by Council President Williams, p~ssing on the following roll call vote: ~ Ayes: Councilpersons Wolpert, Williams, Frantz, Wilder, Clapp, Stemler, and Potter. Nays: None. Councilperson Wilder Resolution Establishing A Special City Of Jeffersonville. She Councilperson Wilder then made introduced Resolution No. 98-R-10~ A Committee To Study Redistricting The is coocerned for pulic input. the motion to pass Resolution No. 92-R-10, seconded by Councilperson FrantE and carried unanimously. Councilperson Wilder then asked for recommendations for Board members. Councilperson Wolpert nominates Mr. Charle~ Stewart, Council President Williams nomintes Mr. Richard Hughes, Cou~cilperson Frantz nominates Mr Gordon Ollis: Councilperson Wilder nominates Mr. Hank Hicks and Councilperson Clapp nominates Ms. Barbara Wilson. CoUncilperson Clapp made the motion to elect the committee~as nominated: seconded by Councilperson Frantz and carried unanimously. member of Mayor Parker introduced Ord nance No. 9~-OR-R1, An Ordinance Requiring A permit For Concessiooaires- Mr. Harold Lakeman, the Board of Public Works and ~afety explained the reason PAGE 6 MARCH 16~ 199P behind this Ordinance is to offset expenses incurred by the City during special events. This would b~ enforced by the Police Department. Council President Williams !~ made the motion to pass Ordinance No. 92-0R-21 on the first and second readings with amendments, seconded by Councilperson Stemler. There is a concern for the Steamboat Days Committee. There wouldI be waivers for non-profit and fraternal organizations. Several comments were made by those in the audience and Councilpersons. Thi? did include liability insurance. Steamboat Days on Spring Stree~ was discussed. There will be a Steamboat Days Committee meeting ThurSday, March 19, at 7:30 P.M. at the Ramada and the Council is invilted to attend. Following discussion regarding the time factor, Cou~cilperson Stemler withdrew his second and Council President Williams withdrew his motion. Attorney Gillenwater read the Ordinance w~th changes. Councilperson Potter then made the motion to suspend the rules for Ordinance No. 92-0R-~1~ seconded by Councilperson Wolpe~t, and carried unanimously. Councilperson Potter then made the motion to pass Ordinance No. 9~-0R-21 on all three readings, seconded by Councilperson Clapp, passing on the following roll call vote: Ayes: Councilpersons Potter, Stemler, Wilder, Clapp~ Frantz, Williams, and Wolpert. Nays: None. Mayor Parker introduced Res61ution No. 9R-R-11, A Resolution Establishing A Policy For The City Of Jeffersonville~ Indiana With Regard To The Americans Wi~h Disabilities Act. Mayor Parker and Board of Public Works and S~fety Member Harold Lakeman explained the need for this Resolution andlthe~ deadline that has to be met Councilperson Clapp made the motion to pass Resolution No. · 92-R-11: seconded by Councilperson Frantz and carried unanimously. Mayor Parker introduced Ordinance No. 92-0R-~2, An Ordinance Establishing Individual Resideni Only Parking Areas. This Ordinance was explained and discussed. C~uncilperson Clapp made the motion to suspend the rules for OrdinancelNo- 98-0R-28~ seconded by Council President Williams and carried ~nanimouSiy- Councilperson Clapp then made the motion to pass Ordihance~ No. 92-0R-22 on all three readings~ seconded by Council Presidpnt Williams, passing on the following roil call vote: PAGE ? MARCH 16, 1998 Wilder~ Ayes: Councilpersons Stemler, and Potter. Nays: None. Wolpert, Williams, Frantz, Clapp, him to Councilperson Frantz introduced review his letters of request. Police Chief Elliott asking Chief Elliott explained the need for overtime funds for "Thunder Over Louisville" to be held April 11, 1992. It is expected there will be 1~0~000 to 200,000 people on the Indiana side of the River. The advertising for this is that it will be the largest fireworks display in the World. Following all Department Councilperson Potter made theimotion to allow the Police to use $6~600 or less of the overtime money in the budget for Steamboat Days for "Thunder Over Louisville" and to replenish this at a later date, seconded by Councilperson Clapp and carried unanimously. The second letter requesting the expenditure of funds from the Cumulative Capital Development Fund was then reviewed. Chief Elliott explained the opportunity to purchase a vehicle from American Commercial Barge Line saying this was a ',good deal". Chief Elliott does understand that the payments for the computer system will be made from the Cumulative Capital Development Fund. Chief Elliott said there are 42 cars in the fleet which are'in good shape with most of them having about 75,000 to 150,000 miles. Clerk and Treasurer Spencer Department Heads to make sure their requests the Mayor instruct the personnel attend the various insurance meetings that have been set up. Mayor Parker will do this. Councilperson Stemler stated he and Councilpersons Wolpert and Potter have had three meetings with the Hughes Group regarding the riverfront. He thanked Mr. Dan Shotwell~ Attorney for the Hughes Group for staying through the meeting saying it shows committment and dedication. Mr. Shotwell thanked Councilpersons Wolpert, Stemler, and Williams, as well as the Mayor. He explained the original deadline was April 1, 1991, however the Corps of Enginers permit was received just three and one half weeks ago. The Hu~hes Group proposes the City take control of the riverfront from the boat ramp to Jeffboat and Hughes take control from the boat ramp ~o the Kennedy Bridge. The City would undertake the public improvements as it is felt there are PAGE 8 MARCH 16, 199B sources of funding available to public entities that are not available to a private business· He explained the losses of revenue due to the Corps restrictions. Council President Williams~ stated there is a need to realize what the total project is and all the alternatives. Councilperson Potter believes the portion p~oposed for City control is coming into the river and this will cost~ a great deal to make it useable. A special Council meeting will be held Monday~ March ~3~ 1992 in the Mayor's Conference Room at ?:00 P.M. to further discuss this proposal The Parks Board will be invited to attend. Mayor Parker requests Attorney Gillenwater contact the Attorney that reviewed the original contract for the City. This will be done. Councilperson Clapp will contact the Par,k Board and Councilperson Potter will contact Mr. Sowers. Clerk and Treasurer Spencer presented the claim list along with the claim to Radio Shack for the microphone system for consideration by the Council. Councilper'son Wilder questioned the Police Department computer classes which iwere explained. Clerk and Treasurer explained there are two claims under the Animal Shelter that do not have funds available in the proper line item. It was agreed by the Council to transfer the necessary funds from the BOO series. Following all discussion~ Councilperson Clapp made the motion to approve the claims as presented as well as the Radio Shack claim~ seconded by Councilperson Wilder and carried unanimously. The Drainage Board will be activated with the initial meeting set for Monday, March 83~ at 6:00 P.M. in ~he Mayor's Conference Room. Mayor Parker nominates Mr. Jay Applegate~ to this Board due to his building experience in the community. He also suggests Mr. Bob Miller be a non-voting member of the Board due to his expertise. Councilperson Wilder invited all to g~t in touch with her or Devils points. Councilperson Clapp so they may be apprised of the problem areas. Councilperson Wilder thanked all those in attendance for sitting through a long meeting and also invited ali those interested to attend the other committee meetings. stated the Resolution backing the Red Jeffersonvi~le beat New Albany by 31 Councilperson Potter must have worked as been good Utility and the PAGE 9 MARCH 16: 1998 Councilperson Stemler feels the additional personnel have for the City as thanks to Street ?ommissioner Lee Hemingway: Director Steve Tolliver: Motor Vehicle Supervisor Bob Miller City employees the John Street sewers were refurbished "in The engineers estimate for thi~ work was $15,000. This indicates progress from decisions that ~were made. Councilperson Stemler called attention to the appropriation report supplied by Clerk and Treasurer Spencer saying he feels there is a need to meet quarterly with the departments on their financial standings. Council President Williams explained the street sweeper needs to be refurbished or a new one purchased, He also sees a need for more than one sweeper. He would li~e to look for options and attempt to fund one. Mayor Parker agrees~there is a need to look to the future for a second sweeper and one islneeded immediately~ calling attention to the problems in the DeMars Ha~a construction area. There being no further business to come before the Council~ Council President Williams moved to ad~urn at 10:40 o'clock P.M. seconded by Councilperson Stemler and unanimously carried. ATTEST: