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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