HomeMy WebLinkAbout09-03-1996COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
SEPTEMBER 3~ 1996
The Common Council of the City of Jeffersonville met in
regular session in the Multi-Purpose Meeting Room in the City-County
Buildingv Jeffersonville, Indiana, at 7:00 P.M. on the 3rd day of
September 1996.
The meeting was called to order by Mayor Thomas R. Galligan,
with Deputy Clerk Barbara Hollis at the desk. Mayor Galligan welcomed
all in attendance, asking all those present to stand as Councllperson
Ron Ellis gave the invocation. Be 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, Ron Ellis, Donna M. Frantz, Peggy Knight Wilder, Barbara
Wilson, and Vicky Conlin.
Absent: Andrew Williams III.
Mayor Galligan presented the minutes
29, 1996 for consideration by the Council.
the motion to approve the minutes as
Councllperson Ellis and carried unanimously.
the minutes of the meeting of July 31, 1996
of the meeting of July
Councilperson Conlin made
presented~ seconded by
Mayor Galligan presented
for consideration by the
Council. Councilperson Perkins made the motion to approve the minutes
as presented, seconded by Councllperson Conlln passing unanimously.
Mayor Galligan presented the minutes of the meeting of August 16, 1996
for consideration by the Council. Counllperson Conlin made the motion
to approve the minutes as presented~ seconded by Councllperson
Perkins~ and carried unanimously. Mayor Galligan presented the
PAGE 2
SEPTEMBER 3, 1996
minutes of the meeting of August 23~ 1996 for consideration by the
Council. Councilperson Perkins made the motion to approve the minutes
as presented, seconded by Councilperson Conlln, passing unanimously.
Deputy Clerk Hollis presented the claim list for
consideration by the Council. Following all discussion~ Councllperson
Ellis made the motion to approve the claims as presented, seconded by
Councllperson PeFkins, passing unanimously.
Mr. Dave Miller and Mr. Greg Landers (Land-Mill
Development~ Inc.) appeared before the Council to request passage of
Ordinance No. 96-OR-56, An Ordinance Changing The Zoning Map
Designation Of A Certain Tract Of Property Being A 3 Acre Tract Which
Is Part Of Survey #22 Of The Illinois Grant To Clark County, Indiana
From R-2 To B-1. Mr. Miller explained Land-Mill Development, Inc. has
an option to purchase property which they plan to develop as a
residential area except for three acres on Highway 62 which they would
like rezoned to B-1 to allow them to develop a business area at a
later date to compliment the residential portion. Attorney Sedwick
called attention to the Certification Of Favorable Recommendation Of
Proposed Rezoning. Councilperson
favor of this rezoning because the
Commission what type of commercial
Miller explained the residential
not feel the three acres on
residential. Attorney Sedwlck
limited district
classified B-1.
Ellis stated he did not vote in
developers could not tell the Plan
development that was planned. Mr.
area will be developed first and does
the highway would be suitable for
explained the B-1 designation is a
and read examples of what types of business could be
Councllperson Ellis feels he owes it to the people to
PAGE 3
SEPTEMBER 3, 1996
have some specifics. If he could know generally, he would have no
opposition. There followed discussion regarding use variance.
Council President Andrew Williams III arrived at 7:25 P.M.
Mr. Landers does understand the the concern~ however there
is commerce across the street,
highway 3ust down the road.
like to live on the front.
a church next door and there is a major
He also does not feel residents would
Mr. Landers will do everything in his
power to follow the guidelines and provide a buffer zone. He does
feel the best use for this area is commercial. Mrs. Carol Stewart
lives on the west side of which 274 feet face the property being
discussed. Mrs. Stewart presented a document (Plan Certain) from the
regular meeting of the Board Of County Commissioners Of Clark County,
Indiana, September 2~, 1988. Attorney Sedwlck said the document does
not have any relevance to this rezoning. Following a point by Mrs.
Stewart regarding an option she understood the church had, Attorney
Sedwick said this would not be valid as the driving range is no longer
there. Mrs. Stewart stated she is in opposition to the rezoning
request. Councllperson Ellis asked if this was denied at this time
can they come back when they have a certain plan. Attorney Sedwick
believes it could not be considered for one year, however they could
come back at any time for a use variance. Councilperson Ellis made
the motion to deny Ordinance No. 96-OR-56. Councllperson Perkins
stating, he would like to see this property developed commercially, he
is not sure B-1 is best it may be B-2 would be more suitable in the
future~ but without knowing definite plans he would second
PAGE 4
SEPTEMBER 3, 1996
Councilperson Ellis' motion to deny. Council President Williams asked
Building Commissioner Gavin if this request was in line with the
comprehensive plan. Commissioner Gavin stated the comprehensive plan
does not include this area. Mayor Galligan reminded the Council this
property is in the T.I.F. district and if it is residential the T.I.F.
fund does not gain. Councilperson Wilder does not feel the government
(Councl) should play a waiting game or be able to dictate the type of
business in a certain zone. Mr. Stewart made comments regarding the
current property owners, his history, and stating he and his wife are
going to run Jointly for Mayor, and he does not want any business on
that property. Mayor Ga!ligan then requested a roll call vote to deny
passage of Ordinance No. 96-OR-56. The vote to deny Ordinance No.
96-OR-56 failed on the following roll call vote:
Ayes: Councilpersons Perkins and Ellis.
Nays: Councilpersons Frantz~ Wilder, Wilson, Williams~ and
Conlin.
Councllperson Frantz
96-OR-56, seconded by Council
following roll call vote:
Ayes: Councllpersons Frantz~
Conlin.
Nays:
Mayor
made the motion to pass Ordinance No.
President Williams, passing on the
Wilder~ Wilson, Williams~ and
Councilpersons Perkins and Ellis.
Galligan introduced Ordinance No. 96-OR-57, An
Ordinance Changing The Zoning Map Designation Of A Certain Tract Of
Property Being Part Of Survey #48 Of The Illinois Grant To Clark
County, Indiana From R-2 to B-2. Councilperson Ellis informed the
Council the vote was unanimous at the Plan Commission. Mayor Galligan
PAGE 5
SEPTEMBER 3, 1996
asked if there were any in opposition to this zoning change. There
being no opposition, Councllperson Perkins made the motion to pass
Ordinance No. 96-OR-57, seconded by Councilperson Ellis, passing
unanimously.
Mayor Galllgan called upon Mr. Robert Wheatley to speak
regarding Ordinance No. 96-OR-58~ An Ordinance Changing The Zoning
Map Designation Of A Certain Tract Of Property Being Part Of Survey
#33 Of The Illinois Grant To Clark County, Indiana Containing 4.~64
Acres And Being Part Of Survey #33 Of The Illinois Grant To Clark
County~ Indiana Containing ~.327 Acres From R-1 to B-1. Attorney
Sedwick explained this request is to allow for an assisted living
center and several residents of the area appeared before the Plan
Commission to testify in favor of this. Mr. Wheatly introduced
himself and introduced the developer of the property Mr. Ron Grooms.
Mr. Grooms explained the proposal for an assisted living center, also
know as a nursing home without nursing. He then read the definition
of an assisted living center. He further explained with the use of
drawings the area and the buildings. This will be a 1.5 to 2 million
dollar investment which they will not request a tax abatement.
Following all discussion Councilperson Perkins made the motion to pass
Ordinance No. 96-OR-58,
unanimously.
Ordinance No.
seconded by Councilperson Frantz~ and carried
96-OR-59, An Ordinance Transferring Certain
Funds Within Same Department (Planning and Zoning) was presented to
the Council for consideration. Planning and Zoning Director Urban
explained the
Councilperson
Ordinance No.
unanimously.
Ordinance No. 96-0R-59 on all three readings, seconded
Councilperson Ellis passing on the following roll call vote:
PAGE 6
SEPTEMBER 3, 1996
need for the transfer. Following all discussion,
Perkins made the motion to suspend the rules for
96-OR-59, seconded by Councilperson Conlin, passing
Councllperson Perkins then made the motion to pass
by
Fra~tz~
Ayes: Councilpersons
Ellis, and Perkins.
Nays: None.
Ordinance No. 96-0R-601
Conlin, Williams, Wilson, Wilder,
An Ordinance Transferring Certain
Funds Within Same Department (Building Commission) was presented to
the Council for consideration. Building Commissioner Gavin explained
the need for the transfers. Councilperson Wilson made the motion to
suspend the rules for Ordinance No. 96-0R-60~ seconded by
Councilperson Conlin~ passing unanimously. Councilperson Wilson then
made the motion to pass Ordinance No. 96-0R-60 on all three readings,
seconded by Councllperson Conlln, passing on the following roll call
vote:
Ayes: Councilpersons Perkins,
Williams, and Conlin.
Nays: None.
Ordinance No.
Funds Within
96-0R-61,
Same Department (Fire
Ellis~ Frantz, Wilder, Wilson,
An Ordinance Transferring Certain
Department) was presented to the
Council for consideration. Fire Chief Smith explained the need for
the transfer answering questions. Councilperson Perkins made the
motion to suspend the rules for Ordinance No. 96-0R-61, seconded by
Councilperson Conlin, passing unanimously. Councilperson Perkins made
PAGE 7
SEPTEMBER 3, 1996
the motion to pass Ordinance No. 96-OR-61 on all three readings,
seconded by Councilperson Wilson, passing on the following roll call
vote:
Frantz:
Ayes: Councilpersons Conlin~ Willlams~ Wilson, Wilder,
Ellis and Perkins.
Nays: None.
Attorney Sedwick presented Ordinance No. 96-0R-62, An
Ordinance Establishing Fees For Police Reports And Permits. Police
Chief Pavey explained the need to change the fees, stating this change
would bring Jeffersonvllle in line with other neighboring areas.
Councilperson Perkins made the motion to suspend the rules for
Ordinance No. 96-0R-62, seconded by Councllperson Conlin, passing
unanimously. Councilperson Perkins then made the motion to pass
Ordinance No. 96-OR-62 on all three readings, seconded by Council
President Williams~ and carried unanimously.
Ordinance No. 96-OR-63, An Ordinance Of Additional
Appropriation (Special Operations) was presented for consideration by
the Council. Clerk Hollls asked to add the additional appropriation
for Motor Vehicle to this as it has been advertised along with the
Special Operations for public hearing for this meeting. Councilperson
Perkins made
96-OR-63 with
unanimously.
Ordinance No.
seconded by
vote:
the motion to suspend the rules for Ordinance No.
the addition, seconded by Councilperson Ellis, passing
Councllperson Perkins then made the motion to pass
96-OR-63 with the addition, on all three readings~
Councilperson Ellls~ passing on the following roll call
PAGE 8
SEPTEMBER 3,
Ayes: Councilpersons Perkins,
Williams, and Conlin.
Nays: None.
1996
Ellis, Frantz, Wilder,
Wilson,
Attorney Sedwick presented Ordinance No. 96-0R-64, An
Ordinance Approving Negotiated Settlement And Providing For Payment Of
Initial Settlement Payment From The Cumulative Capital Development
Fund And The Cumulative Capital Improvement Fund, explaining this is a
result of a case that arose during a time period that the City of
Jeffersonvllle was covered by an insurance company that took
bankruptcy. Attorney Sedwick explained the history of the case and
that following extensive negotiations and two mediations a settlement
of S300~0~ was reached for Mr. Robertson from the City.
Councllperson Perkins questioned if the City is looking into errors
and ommissions. Attorney Sedwick explained this does not look
promising as it is believed the agent was instructed by the City to
use this carrier. It can be looked into as errors and ommissions by
the City officials. Attorney Sedwick explained the funding and
payment time as well as the Declaration which has been signed by the
Mayor. Councllperson Perkins asked Police Chief Pavey to see copies
of the internal investigation from the incident as he does belive the
police officer involved used poor 3udgement. If there was no internal
investigation at the time he would like to have one done now.
Following all discussion Councllperson Conlin made the motion to
suspend the rules for Ordinance No. 96-OR-64, seconded by Council
President Williams, passing unanimously. Councilperson Conlin then
made the motion to pass Ordinance No. 96-OR-64 on all three readings,
PAGE 9
SEPTEMBER 3~
seconded by Council President Williams,
call vote:
Ayes: Councllpersons Conlin,
Frantz, Ellis, and Perkins.
Nays: None°
Councilperson Wilder inquired if
speed chase" policy. Police Chief Pavey has a new
updates the one in effect.
Attorney Sedwick
Resolution To Advertise For
Capital Improvement Fund), explaining the need.
made the motion to pass Resolution No. 96-R-33,
President Williams, passing unanimously.
1996
passing on the following roll
Williams, Wilson, Wilder,
the City has a "no high
one drafted which
introduced Resolution No. 96-R-33, A
An Additional Appropriation (Cumulative
Councilperson Contin
seconded by Council
Councilperson Wllson reported the Agreement for water main
extension utility installed-non-subdivision no revenue refund with
subsequent connector with Indiana-American Water Company, Inc. has
been signed by all the residents involved. Councilperson Perkins made
a motion to reconfirm the intent. Attorney Sedwick will check the
minutes of previous meetings for a Resolution and if none has been
done she will bring it back up at the next meeting.
Attorney Sedwick inquired if the Council desires to publish
the agenda in the local newspaper. This is not required. Following
all discussion, the Council agreed to publish the agenda.
Councilperson Perkins would like to see the agenda contain, as a
policy, a notification that there may be an executive session. This
PAGE 10
SEPTEMBER 3, 1996
will be looked into. Mr. Charles White feels there is a need to
advertise the meetings and the agenda as there may be a perception the
Council is trying to hide something. Mayor Galligan understands the
problem of confusion of when the meetings will be held and will try to
hold all meetings on the first and third Monday of the month at 7:00
P.M.
Sedwlck
Councilperson Perkins has requested help from Attorney
to work on an Ordinance regarding the trend to convert
buildings from their original intent.
Councilperson Ellis asks for clarification as to how some
areas of town can be regulated as to type of business and others
cannot and what can be done about it. Attorney Sedwick explained the
City now has five business districts and these are going to be redone
next year. Some suggestions were discussed.
Councilperson Frantz distributed a Resolution to reinstate
employees. She will not ask for a vote at this meeting, however she
asks any who may have questions to please call her. This will be
presented for a vote at the next meeting. She feels a committment was
made to look at all departments for the next budget. Councilperson
Frantz noted an article in the newspaper regarding yard waste. The
City of Jeffersonville has been doing it right all along, and they
have been the only one. The ban has been put back on the landfill.
Councilperson Frantz gets calls every week regarding Hokes Automotive
which has become a Junk yard. She invites all to look at this area as
she needs help. Councilperson Frantz has been contacted by a couple
of people in the Police and Fire Departments about talking about
PAGE 11
SEPTEMBER 3, 1996
negotiations on a contract regarding salaries. She would like to
include this in a workshop. Councilperson Frantz would like to
personally thank the Police Department for their help with a personal
problem this past weekend. She has recieved a lot of good comments
about the good Job the Fire Department does.
Councilperson Frantz has called Jeff Boat regarding the
overspray problem and they have not returned her calls. When she was
walking in the area the previous night she could look at the light and
see the dust and particles. Mr. McDonough stated he has been fighting
with Jeff Boat since last March and they will not return his calls.
He has four vehicles that have been affected. He understands this is
the only open spraying in the State of Indiana. Mayor Galligan
explained they tried electrostatic paint and this did not work. They
have now ordered a new type and have ordered new equipment that will
take about four weeks to get in that should reduce overspray by 8~%.
Mr. Mike Hurt inquired about the other 20%, saying he cannot sit
outside, cannot grill outside, or have friends over. Councilperson
Perkins cannot believe the Ford Plant in Jefferson County has had to
comply and Jeff Boat has not had to. He is upset that Jeff Boat has
put the City in the position they are in. If they were a better
corporate citizen of Jeffersonville it would never has gotten to this
point. He has watched Mr. Green make promises and what he has said he
would do and what he did do, do not coincide. Mr. Hutt said there are
two very fine restaurants in the area and he does not understand how
they stay in business. He has talked with IDEM and was told they do
PAGE 12
SEPTEMBER 3, 1996
not have the equipment to test on the south side as they have no way
to set up on the river. Discussion followed regarding the permit.
Councilperson Frantz questioned if there may be federal regulations
concerning the
Councilperson
Councilperson
buffing,
ozone levels. Attorney Sedwick will check on this.
Wilder would like to look into a nuisance suit.
Perkins would like to supboena records regarding the
paintingv etc. that Jeff Boat has paid for. It is understood
Jeff Boat has given employees
their cars. Mr. Hurt has been
not satisfactory to him. It
Councilperson Perkins made the
meeting to include Mr. Green of
at 7 P.M. in the Conference Room,
at Rocky's Restaurant covers to protect
offered covers and an 80% reduction is
does wear out windshield wipers.
motion to have a special Council
Jeff Boat~ Monday, September 9, 1996
seconded by Councilperson Frantz and
carried unanimously. Ne also requests Attorney Sedwick, in her most
strong language, to request Mr. Green's presence and to bring records
and if he is not willing, to follow it up with a supboena.
Councilperson Frantz reviewed a similar problem with Liter's
Quarry and dust explaining they do have the proper equipment. The
problem is back with Liter's Quarry.
Councilperson Frantz is sorry to announce the permit for
Louisville Barrel has been approved. She has copies for any who may
be interested.
Councllperson Conlin requests th~ maps provided to the
Council on zoning requests b~ colored in so that they may be
understood.
PAGE 13
SEPTEMBER 3, 1996
Councilperson Wilson reminded all of the Steamboat Parade
this Thursday. The Council will ride a fire truck. She has purchased
the candy.
Mayor Galligan announced the Family Pest went over real well
and gives thanks to all that helped as it was a team effort. He
thanks Joann for dealing with it as she did an excellent Job° He
wishes to thank Phil McCauley for the tremendous Job he did on the
budgets explaining the increase. He commends all for their efforts.
The entrance to Jeffersonville is being worked on. The City now owns
the right side of the road. All the trees will be taken down and the
bank will be sloped. Mayor Galllgan thanks Director Lakeman~ Director
Urban and Councilperson Wilson for their hard work on Steamboat Days.
The electric has been run. Complaints have been received regarding
the odors from Pfau Oil. He has met with Mr~ Ned Pfau and he is going
to put a scrubber in. This will be expensive and he does not intend
to ask for an abatement. He commends Mr. Pfau for the work he is
trying to accomplish. A
Mr. Pfau is one of them.
There being no
lot of people try to do the right thing and
further business to come before the Council~
Councilperson Perkins moved to adjourn at 9:20 o'clock P.M.
by Councilperson Conlin and una~mousl~3~~.
seconded