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.
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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
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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.