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HomeMy WebLinkAbout09-18-1995COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA SEPTEMBER 18, 1995 The Common Council of the City of Jeffersonvllle met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana, at 7:30 P.M. on the 18th day of September 1995. The meeting was called to order by Mayor Raymond J. Parker Jr., with Clerk Barbara Hollis, at the desk. Mayor Parker welcomed all in attendance, asking all those present to stand as Councitperson Steven Stemler gave the invocation. He 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 Bill Wolpert, Andrew Williams III, Donna M. Frantz, Peggy Knight Wilder, Barbara Wilson, Steven R. Stemler, and Robert L. Potter. Absent: None. Mayor Parker presented the minutes of the meetings of September 5, 1995, for consideration by the Council. Councilperson Potter made the motion to approve the minutes as presented, seconded by Councllperson Wilson and carried unanimously. Clerk Hollis presented the claim list with two additional claims for consideration by the Council. Following all discussion, Councllperson Stemler made the motion to approve the claims and the additional as presented, seconded by Councllperson Wilder and carried unanimously. PAGE 2 SEPTEMBER 18, 1995 Mr. Allen Morris, Attorney representing Thomas J. and Betty E. Corrao, stated all legal documents pertaining to a petition to vacate an alleyway have been met and original papers have been given to the Clerk and Treasurer's Office. Adjoining landowners have been notified and he received a call from American Commercial Barge Lines Legal Department stating they have no objections. Attorney Morris stated no access will be prohibited and the alley would not be used by the police or fire departments. This has not been used as an alleyway for the last 30 years. Mr. William Crum voiced objection to the vacation explaining the alleyway dead ends at his property and there may be a time in the future that he may want use of this. He also objects as they are asking for only part and not asking to vacate the entire alleyway, only the part that goes to his house. Mr. Crum's water meter is in the area near this alleyway. Attorney Morris is not aware of a water line in the area as it is not indicated in the deed. The Corrao's have taken care of the area for 30 years, and it has never been paved. Attorney Morris feels if the City had been maintaining the alleyway there could be some argument. Attorney Morris feels that as no one has used the alley for 36 years it is proof it is not needed and there is no reason not to vacate. The area has been made a part of the yard and fenced. Mr. Crum stated he has walked the alleyway but has never driven through it. Following all discussion, Councilperson Stemler made the motion to suspend the rules for Ordinance No. 95-OR-33, The Jurisdiction Of The City The City Maps To Reflect An Ordinance Vacating An Alleyway Within Of Jeffersonville, Indiana, And Amending Such Change, seconded by Councllperson PAGE 3 SEPTEMBER 18, 1995 Potter, passing unanimously. motion to pass Ordinance No. by Councllperson Potter, passing on Williams voted in oppossltion. Clerk Hollis explained Additional Appropriation Resolution. motion to pass Resolution No. 95-R-19, Wilson, passing unanimously. Clerk Hollis explained Ordinance Transferring Certain Funds Within Same Councilperson Stemler then made the 95-OR-33 on all three readings, seconded a vote of 6-1. Councilperson Resolution No. 95-R-19, An Councilperson Potter made the seconded by Councilperson No. 95-OR-34, an Ordiance Department. Councilperson Williams asked to add a transfer Sweeper. Following discussion, motion to suspend the rules for Ordinance No. seconded by Councilperson Stemler, passing President Wilder then made the motion to pass of S4,350 from Council Electric to Council President Wilder made the 95-OR-34, as amended, unanimously. Council Ordiance No. 95-OR-34 on all three readings, seconded by Councllperson Stemler, as amended, passing on the following roll call vote: Councllpersons Wolpert, and Potter. None. Ayes: Wilson~ Stemler, Nays: Williams, Frantz, Wilder, Council President Wilder introduced and read aloud portions of Ordinance No. 95-OR-35, An Ordinance Establishing Regulations For The Operation Of Live Adult Entertainment Businesses. Councilperson Potter congratulated and thanked Council President Wilder for the work and research on this Ordinance. He does feel all bases have been PAGE 4 SEPTEMBER 18, 1995 covered. Mayor Parker also feels Council President Wilder has "done her homework". Council President Wilder thanks her legal staff. Council President Wilder made the motion to suspend the rules for Ordinance No. 95-OR-35, seconded by Councllperson Williams and carried unanimously. Council President Wilder then made the motion to pass Ordinance No. 95-OR-35 on all three readings, seconded by Councilperson Wolpert, passing unanimously. Those in attendance applauded. Councllperson Frantz announced the Board of Public Works and Safety did grant a tap-in permit for Louisville Barrelt at todays meeting. She urges all to write letters to the legislators urging regulations. Council President Wilder noted things not legal in Kentucky are legal in Indiana and she requests those letters urge the legislators to pass strict legislation in the State. Council President Wilder reviewed the workshop agenda for the workshop to be held Wednesday, September 20, 1995. Mayor Parker said that Odgen Entertainment had provided $5,000 for the Steamboat Days fireworks in lieu of a Riverfront Event. He then asked Administrative Assistant Baird to announce the next Riverfront Event. Assistant Baird announced the event will be a free concert by K.C. and The Sunshine Band, September 30, 1995 at 3:00 o'clock P.M. Those attending are asked to bring their own seating. Coolers will be welcome, however alcohol will be prohibited. Councilperson Frantz reminded all of the two Resolutions going before the Plan Commission September 26, 1995 at 7:30 P.M. She asked Attorney Gillenwater to look over the barrel resolution to make PAGE 5 SEPTEMBER 18, 1995 sure there are enough "teeth" in it. Attorney Glllenwater will be checking with Plan Commission Attorney Forsee. Attorney Glllenwater has not planned to be at the Attorney Glllenwater and all Commission meeting. Mr. Herman Sommervllle Louisville Barrel locating in the explained Louisville Barrel was run meeting. Councilperson Frantz asked Councllpersons to attend the Plan voiced his concerns regarding Silver Creek Industrial Park. He out of Louisville when faced with a $2,500 a day fine. Mr. Summerville told about a meeting that the owner of Louisville Barrel was asked to speak at. Councilperson Stemler attended this meeting and Mr. Sommerville believed that Councilperson Stemler intended to buy property next to the Louisville Barrel property. Councilperson Stemler did cancel those plans. At the meeting the owner of Louisville Barrel said he had received one or two violations. Mr. Sommerville has copies of 133 complaints. The owner stated he wouldn't have any problem "if it was not for those damn neighbors of mine". Mr. Sommervllle feels the owner did not tell the truth about the violations and acknowledged he had a problem with his neighbors, going on to run down their homes. The owner said they would be building a "state of the art" plant. Mr. Sommervllle then gave examples such as Three Mile Island that were "state of the art" plants. This company has a long list of polution problems. Mr. Sommervllle has written numerous Louisville Barrel has received. from Congressman Lee Hamilton's letters detailing the violations that He received basically no response Office, Governor Bayh's Office said PAGE 6 SEPTEMBER 18, 1995 the company would be monitored, Lt. Governor O'Bannon's Office sent a memo to Governor Bayh. Representative Bottorff told Mr. Sommervllle to take the problem to the Jeffersonville City Council. Clark County President Cooper, in a meeting, asked the County Attorney to find a way to keep Louisville Barrel out. Nothing happened. The County Commissioners told Mr. Sommerville to come to the City Council. The people of the County are speaking out by sending letters and signing petitions against Louisville Barrel. Mr. Sommerville does not want Clark County to be a "dumping ground" for those that are run out of other areas. Mr. Sommerville's group is asking for help. Mr. Charlle White addressed the Council regarding the Ordinance on maintaining drainage ditches. He asks what is to be done with the grass, leaves, roots, sludge, etc., that he has removed from the ditch. He feels City Engineer Miller needs funding to help with this. Council President Wilder stated this will be addressed at the upcoming workshop. Councilperson Frantz explained Clark County Composting will accept this, however it cannot be in plastic bags. Mayor Parker asked Mr. White to call his office or Commissioner Trembly's Office. Mayor Parker said if Mr. White has cleaned it up, provisions will be made to haul it. Engineer Miller said this type of debris will be picked up. Ms. Mary Grimes echoes Mr. Sommervllle's comments, asking the Council to make a committment' to please help keep Louisville Barrel out. Council President Wilder explained there was a communication problem last month and the subject did not go to the PAGE 7 SEPTEMBER 18, 1995 Plan Commission, Commission Gavin The tap-in permit Barrel. Attorney Gillenwater ordinance will make some circumstatces, such as odor. however it will be on issued building permits to issued today was the explained difference The this month. Building Louisville Barrel today. final hurdle for Louisville the changes in the zoning with regard to certain discharge permit has not been issued. Councltperson Frantz informed the public that if Louisville Barrell does not get to discharge into the sewer system, they will truck the waste somewhere else, which could be Jeffersonvllle. The materials would be considered hazardous. Attorney Glllenwater is not aware of any discharge problems Louisville Barrel had in Louisville, the problems have been the odor. The zoning ordinances can be changed regarding fines and odors which will be before the Plan Commission. Mr. Bill Showalter said understand all about this, do you?" Showatler feels if Louisville Barrel is "you people really do not "No one has any guts." Mr. allowed in there will be more environmental unsafe business in that area. He asked why the Council can act to keep adult entertainment out and not this. Council President Wilder explained this is a different process as Louisville Barrel will not be in the City and the only control is through zoning. Mr. Showalter asked why everyone is passing the buck. Attorney Gillenwater said he will be happy to meet with Mr. Showalter after the meeting tonight and explain this to him. Attorney Glllenwater stated briefly that Louisville Barrel has proposed to move into the area known as the "two-mile fringe". The City has zoning restriction only in this area. Mr. Showalter asked who has the authority in the area. PAGE 8 SEPTEMBER 18, 1995 Attorney Gillenwater explained the County does. Mr. Showalter has been told by the County the City has Jurisdiction. Mr. Showalter feels it is a shame what it going on as it seems the undesirables and the crooks get their way, and the honest people lose. Mr. William Nolan, a resident of Jeffersonvllle and Pastor of Bible Babtist Church of Clarksville which is ad3acent to the Silver Creek Industrial Park. Pastor Nolan said Louisville Barrel has had a series of violations on the weekend. If this pattern is followed it will be impossible to function as a Church. He feels all are going to be losers if this is not monitored and monitored on the weekends. He would appreciate any help that can be given. Any with respiratory problems will not be able to attend Church. Pastor Nolan is pro industry, however this type of business is not needed. Mr. Homer Sandlin a professional golfer, told the Council we do not need people like this. There is a church, an airport, and a golf course in this area. He does not understand why this Council cannot do something to people and this stopped here. Councllperson about this as he has talked to people and talked is where all tell him to come. The buck has County Council, the Commissioners, and the City be the only way to accomplish anything. Wilson suggests an open meeting with the Council. This would 16, Council President Wilder suggests a Joint meeting October 1995, at 7:30 P.M. and all legislators will be invited. Councilperson Frantz suggests any that are interested PAGE 9 SEPTEMBER 18, 1995 contact Mr. Sommerville for copies of the Louisville Barrel violations. She also requests copies of the letters be sent to the Mayor so they may be forwarded to Lee Hamilton and the State Representatives. Mr. Sommervllle stated it doesn't seem fair Commissioner issued the permit to Louisville Barrel. Gavin stated he had no legal means to deny the permit. the Building Commissioner Councllperson Frantzrequested the Board Of Public Works delay the tap-in permit and was advised by Attorney Gillenwater this would be in violation of the law. He cannot advise the Board to violate the law. There being no further business to come before the Council, Councilperson Wolper moved to adjourn at 8:45 o'clock P.M. seconded by Councllperson Potter, and unanimously carried. ATTESt.' ~ ~~RAYMOND J. PA~KER JR.