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HomeMy WebLinkAbout10-16-1995COUNCIL PROCEEDINGS OF THE COMMON coUNCIL OF THE CITY OF JEFFERSONVILLE~ INDIANA OCTOBER 16, 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, October 1995. The meeting was Indiana, at 7:30 P.M. on the 16th day of 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 Councilperson 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. 2, 1995, the motion to approve the minutes as Councilperson Wilson and carried unanimously. Clerk Hotlis presented the claim Absent: None. Mayor Parker presented the minutes of the meeting of October for consideration by the Council. Councllperson Potter made presented, seconded by list with an additional claim for consideration by the Council. Following all discussion, Councllperson Potter made the motion to approve the claims and the additional as presented, seconded by Councllperson Williams and carried unanimously. PAGE 2 OCTOBER 16, 1995 Council President Wilder read a letter Charlestown High School Teacher Betty Ogden wrote to President Bill Clinton praising Officer Joe Grant for the presentations made to her classes. Council president Wilder then presented an autographed picture of President Clinton to Officer Grant. Officer Grant recieved a standing ovation from those present. Council President Wilder thanked Betty Ogden who rates will not go up for many years. He then introduced Mr. Jim Gutting from the firm of Barnes & Thornburg, and Mr. Todd Krzyskowski, of First Chicago Capital Markets, Inc. Mr. Krzyskowski explained First Chicago Bank and NBD Bank will be merging and the refinancing of the sewer bonds is not unlike the refinancing of a home mortgage. There has been a significant reduction in interest rates that will allow for the approximate $400,000 in savings. The Council has received a brief outline regarding the advantages of refunding including interest rate comparison. Mr. Gutting thanked Attorney Glllenwater, Clerk and Treasurer Spencer and Clerk Hollis for their help. Mr. Gutting then explained the draft and the changes that have been made. Three items included in the document are; give the City authority to get bond insurance, be classified as bank qualified for premium rate, and approval of official statement. Disclosure will have to be done each year. The pay off date remains the same. Mr. Gutting answered questions. Councllperson Stemler was in attendance. Mayor Parker reviewed the building of the Wastewater Treatment Plant, the grants received, and the bond debt. There is an opportunity to refinance the bonds with a savings of S400,000 explaining the PAGE 3 OCTOBER 16, 1995 asked Mayor Parker if this would enhance the City's ability to finance the Inner-City road bonds and sewer improvements. Mayor Parker agreeded it would be an enhancement. Mr. Mike Hutt asked if local counsel would receive a fee and if it would be waived as the previous City Attorney had. Attorney Gillenwater said this may be possible however in the previous administration there was local counsel, which was Stites and Harbeson. This will be done in a different manner. Councitperson Potter then made the motion to suspend the rules for Ordinance No. 95-OR-41, An Ordinance Concerning The Issuance Of Revenue Bonds To Refund Outstanding Sewage Works Revenue Bonds Of The City Of Jeffersonville, Indiana, The Collection, Segregation and Distribution Of The Revenues Of Said Works, The Safeguarding Of The Interests Of The Owners Of Said Bonds, Other Matters Connected Therewith, And Repealing Ordinances Inconsistent Therewith, seconded by Councllperson Williams, passing unanimously. Councilperson Potter 95-OR-41 on all three then made the motion to pass Ordinance No. readings, seconded by Councilperson Williams~ roll call vote: Wilson, passing on the following Ayes: Councilpersons Stemler, and Potter. Nays: None. Wolpert, Williams, Frantz, Wilder, Mr. Allen Morris, Attorney representing Mr. John Woehrle, explained a request for rezoning, presenting all related documents. There were no objections at designated a public hearing comments from the audience. the Plan Commission. As this has been on this matter, Mayor Parker asked for There being no response, Councilperson PAGE 4 OCTOBER 16, 1995 Stemler made the motion to suspend the rules for Ordinance No. 95-OR-42, An Ordinance Changing The Zoning Designation Of Certain Property Within The Zoning Jurisdiction Of The City Of Jeffersonvllle, Indiana, And Also Amending The Zone Maps To Reflect Such Change, seconded by Councllperson Wolpert, passing unanimously. Councilperson Stemler then made the motion to pass Ordinance No. 95-OR-42 on all three readings, seconded by Councllperson Wolpert, carrying unanimously. Ms. the Children's Ann Northam, as Chairman of the Board of Directors of Choir of Jeffersonvllle, explained the makeup of the choir, and their performances. This is an outreach program of St. Paul's Episcopal Church. There will be a fund raising event on November 5. These children have been good ambassadors of the community. This is a non-profit group that began with a Lilly Grant. The choir operates on a budget of $7,200 with a need to raise S6,000. Mr. Northam is requesting all-around and financial backing from the Council, asking if possible, for $1,000. The children would be happy to "sing for their supper". Council President Wilder explained these matters are generally looked at during budget time. She asks Ms. Northam to allow the Council to asses this during the next two weeks. Attorney Glllenwater has distributed two Ordiances that have been recommended by the Plan Commission regarding adult entertainment and the storage of barrels. He has added some language. Attorney Gillenwater requests the Council look these over and he will advertise these for the next meeting. He asks the Council contact him regarding any questions or changes. PAGE 5 OCTOBER 16, 1995 Council President Wilder has invited representatives from the State to come to tonight's meeting to address those concerned with the Louisville Barrel situation. President Wilder read the list of those she had invited. She then introduced Ms. Kathy Lucas, Environmental Attorney. Ms. Lucas explained the law firm she is affiliated with and the work they do. Environmental laws are very complicated. Council President Wilder then introduced Mr. Herman Sommerville who explained he represents a group of citizens opposed to Louisville Barrel locating in Silver Creek Industrial Park. It is felt if Louisville Barrel locates here it will be a magnet to others. Business is desired, however the right kind of business. Mr. Robin Winston, Special Assistant To Lt. Governor Frank O'Bannon explained one of the goals of the Department of Commerce is to look for businesses that protect the environment. The Lt. Governor is keenly aware of the actions of Louisville Barrel in Louisville and is in support of the local efforts. State Senator Kathy Smith serves on the Health and Environment Committee and promises to monitor the situation to help insure the company meets all guidelines. Mr. Bill Schowalter, who operates a business near where Louiville Barrel has purchased property, feels IDEM should look at the past history of businesses. He looks to those in attendance as leaders to stop this. Council President Wilder feels all here share the same concerns and thanks all that have attended. Council President Wilder then read a letter from Mr. Tim Methods of the Indiana Department of Environmental Management. PAGE 6 OCTOBER 16, 1995 The letter explained an application has been received from Louisville Barrel for an air permit. This application did not contain enough detailed information. IDEM is aware of the public interest in the matter and it is assurred opportunity will be given for views to be given. Mr. Robert Wlnningham, staff member of Representative Lee Hamilton's Office explained Representative Hamilton has received numerous letters on this matter. However at the Federal level he is not in a position to do anything. He has forwarded materials to IDEM. He will continue to monitor the situation. The group is doing the correct thing by working with IDEM. Council President Wilder thanked all for their concern and attending the meeting this evening. Deputy Hollis presented and explained Ordinance No. 95-OR-43, An Ordinance Transferring Funds Within Same Department asking the Council to consider adding a request from the Motor Vehicle Department. Following discussion, Council President Wilder made the motion to suspend the rules for Ordinance No. 95-OR-43 as amended, seconded by Councitperson Williams and carried unanimously. Council President Wilder then made the on all three readings, seconded the following roll call vote: Ayes: Coucllpersons Wilson, Stemler, and Potter. Nays: None. Councilperson Potter motion to pass Ordinance No. 95-OR-43 by Councilperson Williams, passing on Wolpert, Williams, Frantz, Wilder, explained he had been looking for an are to provide legal fees for Attorney Lucas and has been informed this is not necessary. Councilperson Frantz explained these legal fees come from the utility as other areas will be investigated. PAGE 7 OCTOBER 16, 1995 Councilperson Frantz received calls regarding leaf purchased dumped. Barrel. leaves can be taken She does Council asked if any Councilpersons have pick up. If the paper bags are not directly to the composting site and have petitions for those oppossed to Louisville President Wilder asks the Council to have their recommendations for meeting. Mayor Parker County Council and Barrel. The Council involved. the adult entertainment commission for the next announced the County has given letters have been received from the Commissioners regarding Louisville $5,000 with a stipulation they be Councilperson Stemler has distributed general information regarding the health insurance audit. He is contemplating calling a meeting with the firm and the committee. Councllperson Wilson explained the Animal Shelter Spay/Neuter amendment will be on the agenda for the next meeting. Councilperson Frantz has received an estimate to take care of the weed problem at 10th and Spring. One treatment would be $140, and would be guaranteed with two treatments. She asks if there are any questions to contact her. health benefit addition and the explained a discount has been Councllperson Frantz questioned the cost involved. Attorney Gillenwater added to include LK. This is an agreement to provide a service at a discount with no cost to the City. The City does offer a benefit to safety officials. The same is paid for RK as LK. All employees are entitled to a discount. PAGE 8 OCTOBER 16, 1995 Mr. Mike Hutt questions the legality of the recent annexation as there was no ad in the paper. He has been told by three attorneys there has to be an advertisement for a public hearing. Attorney Gillenwater explained the publication is required after the Ordinance has been passed and the people have the right to remonstrate for 60 days after the publication. Mr. Hurt feels the Council has not followed the law. Attorney Glllenwater would be happy to talk with Mr. Hurt after the meeting as he would like to see this statute. Councllperson Frantz did explain it was asked the night the Ordinance passed if everything was O.K. and was assured it was. She would request a map be put in the paper as she has received calls from people asking if they are included. Council President Wilder stated to the best of her knowledge all the legal procedures have been followed, however she does agree a map should be published. Mr. Hurt asked if the annexation has been advertised. Attorney Gillenwater stated it has not. Attorney Gillenwater discussed. Mr. Hutt days Mr. Hurt asked if a public hearing was held. said the bond issue and annexation were said the residents should have been notified 30 before. Attorney Gillenwater explained they have 60 days to remonstrate. Mr. Louis Hutt asked if hot air baloons in the City. Mr. baloons landing on his property vehicles driving on the property along with many spectators. the City has regulations regarding Hurt has had experiences of hot air without permission. This brings He feels PAGE 9 OCTOBER 16, 1995 this is an invasion of property. The latest experience was this past Friday night. Mr. Hurt told the van driver not to drive on his property. In the past vehicles drove and specatators walked through his garden and hay field. Mr. Hurt feels there should be an Ordinance to protect personal property. Council President Wilder feels this is more a trespassing problem than a hot air baloon problem. Mr. Hutt is concerned someone will get hurt and there should be an Ordinance. Attorney Glllenwater explained there are civil and criminal penalties for trespassing. Arrests can be made if there are proper postings. There being no further business to come before the Council, Councilperson Potter moved to adjourn at 8:40 o'clock P.M. seconded by Councllperson Wolpert and unanimously carried. MA~ ~ON~ ~ PAR~ JR. ATTEST: F%