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HomeMy WebLinkAbout05-15-1995COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF ]I-IE CI[Y OF JEFFERSONVILLE, INDIANA MAY 15, 1995 The Common Council of the City of Jeffersonville met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana, at 3:30 P.M. on the 15th day of May 1995. The meeting was called to order by Mayor Raymond J. Parker Jr., with Deputy welcomed all in attendance, Councilperson Steven Stemler those present to ~oin him in Clerk Barbara C. Ilollis, at the desk. Mayor Parker asking all those present to stand as gave the invocation. He then asked all the pledge of allegiance to the flag. The roll was called and those present were Councilpersons Bill Wolpert, Andrew Williams III, Donna M. Frantz~ Peggy Knight Wilder, Barbara Wilson, Sbeven R. Stemler~ and Robert L. Potter. Absent: None. Mayor Parker presented the minutes of the meetings of May 1~ 1995~ 'for consideration by the Council. Councilperson Potter made the motion to approve the minutes as presented, seconded by Councilperson Williams and carried unanimously. Deputy Clerk Hol]is presented additional claims for consideration by the claim list with three the Council. Following all discussion~ as preeented~ unanimously. Mayor tonight's meeting Indianapolis. seconded by Councilperson Wolpert and No. Councilperson Potter made the motion to approve the claims carried Parker noted Attorney Jim Hill was unable to attend as per the agenda due to an obligation in Council President Wilder 95-R-11~ Resolution O~ The presented and explained Resolution Common Council Of The City Of Jeffersonville~ Indiana, Authorizing The Submittal Of A Community Focus Fund Planning Grant Application To The Indiana Department Of Commerce And Addressing Related Matters. Following discussion Council President Wilder made the motion to pass Resolution No. 95-R-11, seconded by Councilperson Stemler, passing unanimously. PAGE 8 MAY 15, 1995 Ordinance No. 95-0R-14, An Ordinance Of Additional Appropriation (Genera] Fund and Motor Vehicle Fund) was presented for discussion and public hearing. Following explanation and discussion, with no public comment~ Councilperson Stemler made the motion to suspend the rules Councilperson Wo]pert, then made the motion for Ordinance No. passing unanimously. to pass Ordinance No. readings, seconded by Councilperson 95-0R-14, seconded by Councilperson Stemler 95-0R--14 on all three Wolpert~ passing on the following roll call vote: Ayes: Councilpersons Wo~pert. Frantz~ Wilder, Wilson, Stemler, and Potter. Nays: Councilperson Williams. Mayor parker, noting there have been drainage problems brought to the Board of Public Works and Safety, asked Engineer Miller to elaborate on the situations. Engineer Miller has received three bids on the Elk Pointe drainage project, with the low bid from Irish Park in the amount of $5,594.00. ]'his will not include mulch and seed which the property owners will take care of. Following discussion~ Councilperson Potter made the motion to authorize Engineer Miller to take the low bid and proceed post haste ~ seconded by Councilperson Stemler~ passing unanimously~ ]'his will be pa~d ~or from the Drainage Non-Reverting Fund° Engineer Miller then explained there is an existing floodwall at 68'7 Chestnut with a lot o~ trash around it. If this area is cleared the surrounding property owners will mow it. This property when cleaned, may be sold by bid. Egineer Miller also explained an offer regarding Quarry Road. Liter's Quarry and Ohio Valley have agreed to provide all the material to pour 10 inches of concrete if the City will provide the labor. Bids have been received on this work. The cost for both projectswi]l be $8~750. Mayor Parker is asking for Council approval of funding so the Board of Public Works may proceed with the contracts- Council President Wilder feels both projects are good ideas as the Chestnut property may be put up for sale. She also feels the City should take advantage of the Quarry Road offer. ]'he funding for these pro~ects fundlng for the completion of the Overlook projects [)rd~nance No. 95-0R- t5, An Ordinance Transferring as well as the are reflected in Funds Within Same PAGE ,3 MAY 15~ 1995 Department. Council. President Wilder made the motion to suspend 'the rules for Ordinance No. 95-0R-15, seconded by Councilperson Potter and carried unanimously. Council President Wilder then made the motion to pass Ordinance No. 95-0R-15 on all three readings, seconded by Councilperson Potter, passing on the following roll call vote: Ayes: Councilpersons Wolptert~ Williams, Frantz, Wilder~ Wilson, Stemler~ and Potter. Nays: None. Mayor Parker requested the Council add to the agenda Ordinance No. 95-0R-16~ An Ordinance Changing The 2oning Designation Of Certain Property Within The ~oning Jurisdiction Of ]'he City Of Jeffersonville~ Indiana, And Also Amending The 2one Maps To Reflect Such Change~ Following no objections~ Greg Fifer~ Attorney representing Mike Ettel~ on behalf of the property owners~ explained the property at 501R E. Highway 6~, although not in the City limits, is within the ~ mile fringe. Attorney Fifer presented and explained the construction plans. The Plan Commission passed the change unanimously with no public oppossition~ Attorney Fifer believes it was not necessary to publish this for this meeting as it is being presented at the first available Council meeting following passage by the Plan Commission. Building Commissioner Gavin confirmed there had been no public objections and that it had passed unanimously at the Plan Commission. Following discussion~ []ouncilperson Potter made the motion to suspend the rules for Ordinance No. Councilperson Frantz and carried unanimously. then made the motion to pass Ordinance No. 95-UR-16, seconded by Councilperson Potter 95-0R-16 on all three readings, seconded by Councilperson Williams and carried unanimously. Mayor Parker asked for clarification on the Inner City Roads as his office has received several inquiries from businesses. There is a need for a committment from the Council. Mayor Parker is not a liberty to divulge the names of those interested. Engineer Jorge Lanz reviewed the feasibility study including the realignment. Councilperson Potter reviewed the recommendation from the Committee to the Council. Mayor Parker informed the Council that Redevelopment D~rector Carroll Gowens has started the necessary annexation proceedings. Engineer Larlz said the Resolution on the project has PAGE ~ MAY 15~ 1995 been approved, however there is a need to approve the alignment, and to approve the proceeding of the preparation of the finanicia] package. Building Commissioner Gavin has also received several inquiries from developers. Engineer Lanz said the flood plane will have to be considered. A difference will be made on the elevation of any building done in the flood plane. Building Commissioner' Gavin stated this should not make much difference in building cost. Attorney Gillenwater feels the steps that need to be taken are: the alignment; request annexation studies; then address the T.I.F. issues. Mayor Parker stated the annexation studies have been started. Mayor Parker is willing to go with the realignment. Engineer Lanz explained the realignment begins on Highway 3l at the Jeffersonville City limits~ proceeds southeasterly ~oining with a section of New Albany Charlestown Pike, then down Holmans Lane. This will involve five or six property owners. Councilperson Wolpert then made the motion to proceed with the Inner City Road realignment as e~plained by Engineer [anz, seconded by Councilperson Potter. Mayor Parker asked if there were any questions or comments. The funding is still in question and the road may be stopped because of this. Keyes asked if any of the Council had been on Holman's hour. He feels this is the "most craziest thing". Council to stop and think before voting, the traffic to Ho]man's Lane is terrific. At 3 o'clock P.M. the traffic Mr. Clarence Lane at rush He asks the from Springdale is backed Lip so bad you can't see the light. Ne asks why not do the road as originally studied. Mr. Keyes feels politics is what is dominating this. Mayor Parker then asked for a roll call vote on the motion as stated by Councilperson Wolpert which passed on the following roll Counc~lpersons Wolpert, Wil]iams, Wilson~ call vote: Ayes: Potter. Nays: Counci 1 person Frantz. Abstain: Council President Wi~der. Mayor Parker feels there should be a workshop scheduled dedicated to the Inner City Road only. Mayor Parker reminded all of the Eddie Rabbit concert Stemter and PAGE MAY 157 1995 scheduled for May 29, 1995 at the Overlook. Attorney Gillenwater explained the promotors of this event will be responsible for the costs. They will~ have security, however it will be necessary to have some City Police as the security will have no arrest powers. Administrative Assistant Baird reported City workers may be asked to help clean up, however this would be paid by the promotors. General admission is $5.00 and reserved is $8.007 attend. Mayor Parker explained overtime with the possibility of additional being with up to 5,000 expected to money may be running short needed before the end of the year. Ite wishes the Council to be aware of this. Commissioner Trembly explained the City crews will clean the areas outside the event area. Mayor Parker wishes the Council to be aware of this and invites them to call with any questions as this is the first of several events. Mayor Parker has received several complaints regarding the odors coming from Industrial Water Recycling. He has invited Mr. ~lom ~ogel of 1.W.R. to the meeting tonight to address the situation. Mr. ~ogel explained the company has experienced some major problems. Each problem has been unique and measures have been taken in each incident. Last year an excess of $80,000 was spent on facilities, equipment~ and operating costs to deal. with the problems. The company is committed to operate odor free. Mr. 8ogel explained the recent problems. A filter press bas been ordered and is under construction and should be in operation this week. The anticpated cost for this is $200,000. Customers have been asked to cut back on their shipments of the problem materials, an additional consultant has been brought in, chemicals and additional oxygen have been added and the operation sequence has been changed. The company is as embarrassed as much as the Council is frustrated with the situation. They are convinced there will be ongoing upsets, however the Company commits to the Council that the Company will. cover the basins, and install the scrubber system, which is an additional $50,000 committment. The goal is to have this in place by Memorial Bay. Councilperson Potter has received complaints that people at the hospital are complaining of nausea and headaches. Mr. Charles K. White asks if the City knows for certain the problem is from I.W.R., as he believes P~au Oil "stinks". PAGE ~ MAY 15~, 1995 ldayor Parker did explained the particular ~ecent problem is I.W.R. as it has been investigated. Wastewater Yreatment Plant Operator Kendall Coleman explained the area does have a long history of odor problems. There are a number of sources of odor problems. 'These problems will not go away. When they occur they are reacted to immediately. Some are more difficult than others. All involved do work hard at this as they do care. A vacuum truck has been purchased to help with the problem. Mr. Coleman believes I.W.R. works hard at the problems~ and he is confident they will reduce or eliminate the problem. With this type of business there will be occassionaJ problems. Councilperson Stemler visted the facility with Councilpersons W~lliams and Frantz where the stipulation of attaching the abatement with the odor was discussed. ]here is an obligation to ~ndividuals and Councilperson Stemler feels the Council should move forward with the rescinding o~ the abatement. This would honor a committment made~ and also serve as an incentive. If it is legal to allow a period then consider reinstatement. Councilperson Stemler made the motion to rescind the abatement to be reconsidered on an annual basis. Councilperson W~lson explained that due to the way abatements are filed~ the abatement is not in effect this year. The'abatement will go into effect on new equipment only for 1995 pay 1996. ~-ull taxes are paid on the building. Council President Wilder has forwarded information on an obnoxious odors ordinance to Attorney Gillenwater. This may be helpful with all the problem areas. It is hoped to have this prepared for the next ~]ouncil meeting. Mr. ~oge] explained the abatement would have amounted to $4,000, therefore the good will is more incentive. (]ouncilperson Stemler does agree~ the issue if more than dollars and cents. He does stand by the recommendation to rescind the abatement. Attorney Gillenwater is not sure what the extend of authority the Council has as far as considering this on an annual basis. Counci]person Frantz seconded Counci]person Stemler's motion. Attorney Gillenwater does fee]. the State will d~ny if the action is rescinded then reapp]~ed as the taxes on persona], property do go to the State. Councilperson Stemler withdraws his motion asking Attorney Gil]enwater to research the mitigation. (~ouncilperson Frantz withdraws PAGE MAY 15,~ 1995 her second. Mr. Coleman suggests a committee to work on the odor situation. Mr. Coleman will make come contacts and try to get together some time this week. Councilperson Williams will work on this committee. Councilperson Potter is happy Grant Resolution. There Council President Wilder included in the grant. Councilperson Analysis has been completed the Council passed the ICE Tea will. be a public meeting May 84~ 1995. explained what improvements are being Stemler reported the 7argeted Industry and will be distributed to the Council. '~h~s will be a good economic development tool. Councilperson Stemler commented on the Mayor's announcement for the first concert on the overlook, saying Attorney Jim ~ill 'was instrumental in the contract. ]'his is one of the reasons he had asked Attorney Hill to attend the meeting to publicly thank him and commend him for the work he did for the City. He is sorry Attorney Hill had over committments and could not attend the meeting. Councilperson Wilson asked Kavanaugh to comment on the bridge reported that J.H.K. Associates will be City Services Director Les progress. Director Kavanaugh the bridge consultant. ~ouncilpercon Frantz has a dumping problem in a residential area in her district. This is a composting situation and had been turned over to the Solid Waste District Board. She then asked Director Kavanaugh to update the Council. Director Kavanaugh reported a representative of the State Department of Environmental Management d~d visit the area. At this point no more commercia~ matter is going on the site. Attorney Gillenwater reported a certified letter was mailed this day requesting the party contact Attorney Giltenwater. If the owner is operating a compost or a dump, it is in violation of City Ordinance. ]'here are several options on removal. The situation is not getting worse at this point, and the C~ty is trying to give the owner an opportunity to clean Director Kavanaugh noted this is is taking place on a flood plane. Kavanaugh ]f IDEM problem at it up before taking court action. a three-fold problem as this dumping Councilperson Frantz asked Director should be asked to come in to monitor the odor Director Kavanaugh believes the Council should pass PAGE 8 MAY 15, ].995 an Ordinance and consider hiring a monitoring firm. The Cotincil agreed to have Director Kavanaugh get an estimate of the cost of monitoring. Councilperson Frantz recommends the City not change the ban on yard waste as the City ~s a leader in the State on this. ]'he C~ty is bound by contracts also. The State has lifted the ban on yard waste, and she does have a copy. Councilperson Frantz will take the Solid Waste District Board appointment if all agree. Director Kavanaugh, stating due to these contracts~ recommends the City not make changes. week are being generated compliance. Counci]person Commissioner [rembly stated 14,000 to t6,000 pounds per in yard waste. ]'here is about 8~ percent Stemler made the motion to appoint Councilperson Frantz to the Solid Waste District Board, seconded by Council President Wilder, passing unanimously. Council President Wilder announced the Council will meet in Workshop session, ~hursday, May t8, ]995 at 5:30 P.M. in the Mayor's Conference 17oom~ There is a lengthy agenda. Council President Wilder explained Ordinance No. 95-0R-]?, An Ordinance ]'ransferring Surplus Funds From The Cumulative Capital Improvement Fund Fo The General Fund. Council President Wilder made the motion to suspend the by Councilperson Wilson, Wilder made the motion to rules for Ordinance No. 95-0R-1'7, seconded passing unanimously. Council readings, seconded roll call vote: Ayes: Stemler, and Potter. pass Ordinance No. 95-0R-19 on by Councilperson Wilson, passing on the President all three following Counci ] persons Wo]pert~ Frantz, Wilder, Wilson~ the Concernt In The the Salary to order one. nominiations for made the motion summary Nays: L.;ounc i 1 person Williams. Councilperson Wilson reminded all of P~rk on Friday night. (;ounci]person F'rantz will be ordering from I.A~C.]~. and asks if any others would like Council President Wilder asked for Animal Shelter Board. Counci] person Wi]son nominate Ms. Margaret Morton. Council President W~lder made the to the PAGE 9 MAY 15~ 1995 motion to close nomination, seconded by Councilperson Williams and carried unanimously. [here will be a meeting of this Board May 25. Representatives of the Clark County Humane Association appeared before the Council to ask why their letters of complaint have not been addressed. Mayor Council matters, but Board will be happy to talk representative feels that Parker explained these concerns are not of Public Works and Safety matters. He to the representatives any time. [he Urdinances are not being complied with and this should be a Council matter. The Ordinance which allows no waiver of fees for spay-neuter. for the waiver of adoption fees. Mayor Parker in question is 90-21A, ~here are provisions explained one of the purposes for the advisory board is to upgrade the Ordinance. The question was raised regarding fencing material~ and the giving away o'f supplies. The representative stated there are witnesses to employees "goofing off". An independent investigation is needed. Mayor Parker stands behind the investigation Department. Councilperson Frantz referred to, however she has never that was done by the Personnel received a copy of the complaints received a copy of a response, and she does feel one is deserved. Personnel and Safety Director Lakeman sa~d the response cannot be released as yet due to an unemployment case. The representative asked what of their complaint. Director ~ akeman stated he w~]l not talk about a personnel matter in an open meeting. Mayor Parker again stated thi~ matter should not be talked about tonight and the representative have been told numerous t~me this is an investigation that was conducted by the Board of Public Works and Safety. Ihe representatives questioned where is the report? Mayor Parker explained this is on file with the Personnel office and not available at this time. The representatives asked what about France's complaint? One representative said her complaint is one of tack of enforcement of an Ordinance. Attorney Gillenwater as stated in Ordinance the Representatives have extended the five minute limit for public comment. Counci]person Frantz invited the representatives to attend the Council workshop as they are on the agenda. Until an lIrd~nance is rescinded by the [;ouncil~ an Ordinance should be followed. Council President Wilder would appreciate the representatives attendance at the workshop. PAGE t 0 MAY 15, ]995 Charles K. White asked about the yard waste situation asking if State law superscedes City Ordinance. Council President Wilder explained the State has said controls do not have to be enforced. Attorney Gillenwater said the previous control was the State said is what waste. the City could not deposit yard waste in landfills and this has been rescinded. The C~ty can choose not to pick up yard Mr. Abdul-Rasheed Rasoo] appeared before the Council in regard to the serious traffic problem on National Avenue that leads into North ]own lerrace. Mr. Rasoo]~ would propose to c~ose the entrance due to the number of children and elderly in the area. Ne related two recent incidents. ]his is a matter to be handled by the Board of Public Works and Safety. Mayor Parker invited Mr. Rasool to call his office and the problem will be investigated. The Board meets every Monday at 9:30 A.M. there being no further business to come before the Council, Councilperson Potter moved to ad~ourn at 9:=°0 o'clock P.M. seconded by Councilperson Wolpert and un~ously carried. ~ MAYOR A rTEL~: / /~ CLERK AND TREA~J~ I~RIEHARD SPENCER JR.