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HomeMy WebLinkAboutJune 15, 2009 SpecialJEFFERSONVILLE CITY COUNCIL SPECIAL SESSION Monday, June 15, 2009, 5:30 P.M. City Hall Council Conference Room The Common Council of the City of Jeffersonville met in Special Session on Monday, June 15, 2.009. Council President Connie Sellers called the meeting to order, and on call of the roll those members present were: Councilpersons Mike Smith, Ed Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Ron Grooms, and Nathan Samuel. Also present were Mayor Tom Galligan, Council Attorney Larry Wilder, and Deputy Clerk Treasurer Barbara Hollis. Councilperson Fetz made the motion to approve the agenda with the addition of claim approval, second by Councilperson Wilson, passing on a vote of 7-0. An Ordinance Regulating Asphalt Plants Planning and Zoning Director Jim Urban reviewed the history of the Coopers Lane Quarry and the request for the concrete plant. The issue is that there was no public hearing. The plant is legally permitted and operating. The berm has been built. There is a need for a watering plan. Odor reducing chemicals will be used. Due to the complaints of truck noise during the night, Mac has been asked to stop banging the gates. When the plant has been asked to do things, they have complied. Director Urban warned a loss of revenue claim might be filed if the proposed Ordinance is passed. Councilperson Fetz noted the requested Ordinance has been written at the extreme end. Attorney Wilder has presented the most restrictive Ordinance and the Council is asked to make modifications. Councilperson Smith asked how a business could be enforced. Attorney Wilder said if the business can be proven to be a burden it is defensible. Councilperson Samuel appreciates Mac for complying with what has been asked. Ms. Pat Barrow noted the banging does continue. Mr. Corky Scales, a resident of 1800 Dutch Lane, said he understands what Director Urban is saying. The brim has been built and trees have been planted. He feels an asphalt plant is not allowed in I1. His concern is multi-use. He appreciates the help from the City. Ms. Pat Barrow asked if the concrete plant falls under non-conforming? Director Urban does not feel leasing versus owning is a problem. Mayor Galligan feels Ohio Valley has a lease with Ingram. Ms. Barrow questions the integrity of the permit. Attorney Wilder said the City couldn't sue itself. Mr. Chad Unruh said Mac Construction has made Jeffersonville home. He appreciates what the City has done. Everyone he has dealt with has been professional. A lot of employees rely on the operations. Mayor Galligan asked if the banging is under control. Mr. Unruh feels steps are being made. Mayor Galligan understands the banging concerns. Mr. Unruh will work hard to keep it under control. Mr. Barrow does not feel any consideration is given to the health issue. She would hope to come to some agreement to relocate due to the issue of pollutants. Mr. Unruh noted IDEM regulates the operation. Ms. Barrow noted IDEM does not regulate fumes, and that does not mean it is not harmful. Mr. Unruh explained the company has anight-bid job on I71. He feels the company has been a good neighbor, explaining the use of a new additive. Attorney Wilder noted smells couldn't be regulated. The proposed Ordinance is all that can be done. Ms. Barrow presented a petition, which has been made a part of this record. Multi-Use Baseball Complex Executive Assistant Dana Young explained an RFQ was issued for amulti-use sports complex. Nine responses were received. A feasibility study will be paid for with non-tax funds. Assistant Young is looking for a backup to pay for the study while raising the funding. The Estopinal Group has been chosen for the study. She is looking for an agreement in principle. Councilperson Samuel suggested it be done thru the Department of Redevelopment, if it is a cash-flow issue. Council President Sellers commented on the need. Mr. Mike Moore asked what would happen if the complex does not pay for itself. Director Urban noted that is why the feasibility study is to be done. Councilperson Zastawny made the motion to support Assistant Young in moving forward, second by Councilperson Samuel, passing on a vote of 7-0. The meeting adjourned at 6:35 P.M. ~'_ Council President Connie Sellers Attest: lh,?..~,~e.~ Clerk reasurer Peggy Wilder