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.