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HomeMy WebLinkAbout03-21-1994COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA MARCH 21~ 1994 The Common Council of the City of Jeffersonville met in regular session in Council Chambers in the City-County Building, Jeffersonville, Indiana, at ?:30 P.M. on the 21st day of March~ 1994. The meeting was called to order by Mayor Raymond J. Parker Jr.~ with Clerk and Treasurer C. R~chard Spencer Jr, at the desk. Mayor Parker welcomed all in attendance, asking all those present to stand as Council President 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~ Robert L. Potters and Steven R. Stemler. Absent: None. Mayor Parker presented the minutes of the meeting of March ?~ 1994 for consideration by the Council. Councilperson Potter made the motion to approve the minutes as presented, seconded by Councilperson Wolpert, and carried unanimously. Clerk and Treasurer Spencer presented the claim list with one additional claim for consideration by the Council. Following all discussion, Councilperson Potter made the motion to approve the claims as presented with the additional claim~ seconded by Councilperson Wolpert and carried unanimously. Clerk and Treasurer Spencer introduced Ordinance No. 94-0R-14, An Ordinance Of Additional Appropriation (General Fund), suggesting this be approved in the amount of $500,000 as Housing has agreed to "work in kind" in an amount in excess of $100,000. Clerk and Treasurer Spencer reminded the Council they would have to vote unanimously to suspend the rules in order to pass this Ordinance on all three readings at this meeting. Council that vote yes for suspension can vote no for passage. As the roads are in such bad condition, it is hoped to be able to pass this as soon as possible. Councilperson Frantz received a phone call that indicated there was a concern for taking the sewer money as it is feared this will lead to a PAGE 8 MARCH 81, 1994 sewer rate increase. Clerk and Treasurer Spencer explained the utility is financially healthy and there is a reserve. He personally does not foresee a rate increase for the next five years providing there are no emergencies such as a cave in. tn this case there are emergency grants available. Councilperson Frantz asked if this is passed would 8th Street be repaired. Mayor Parker explained he would take the advice of Street Commissioner Trembly and Engineer Miller. Commissioner Trembly said 8th Street would be toward the top of the list. Councilperson Frantz asked if this would fix underneath. Commissioner Trembly answered the problems and Graham will be fixed, others will take study. Wilder is not stations need the problems between Main Councilperson in favor of taking money from the sewer utility as lift to be upgraded and new sewers lines are necessary. She believes the City should take the sewer plant as a separate with this. He feels this is a the responsibility for roads, and leave entity. Councilperson Potter disagrees matter of taking from the right pocket that was received of $400,0©0. There also construction account. What or the left pocket. He has never seen the roads in the condition they are in now. Councilperson Potter receives more calls on the streets than anything. He feels 'this is one thing that should be done for the citizens. Mayor Parker explained history dictates that it has been several years since the streets ~have been revamped and this is the time to get the streets 'back in top-notch shape. From the Mayor's Office, this is the one prime complaint. Clerk and Treasurer Spencer informed the Council the Bond Ordinance requires funds be kept in reserve. These funds have earned close to $100,000 in interest. Also the grant last Spring helped the utility in excess remains approximately $600~000 in the Clerk and Treasurer Spencer is trying to say is the money is there. Councilperson Wolpert also received a phone call about the rates and finds there has not been a raise since 1991. Clerk and Treasurer Spencer said more money may be coming into the sewer utility due to privatization. In other words all things are positive right now and this will extensions. Clerk and Treasurer some of this money will be used City to come closer to A.D.A. Spencer further reminded the Council for the curb cuts that will allow the compliance. If this is passed the PAGE 3 MARCH 21, 1994 Council will need Improvement Fund and the utility money. to transfer the money from the Cumulative Capital the Board of Public Works will have to transfer All paperwork will be contingent upon passage. Councilperson Potter made Ordinance No. 94-0R-14~ failing on a vote of 5-2. nay. Councilperson Potter 94-0R-14 in the amount of the motion to suspend the rules for seconded by Council President Stemler~ Councilpersons Williams and Frantz voted made the motion to pass Ordinance No. $500,000 on the first and second reading only, seconded by Council President Stemler. Councilperson Williams reminded the Council of a number of unbudgeted expenditures to deal with amounting to approximately $400,000. Some of these are recyclings the match for the North Port Project, the air conditioning, and the fees for the Wright case. The Council has previously approved an additional appropriation Potter believes the City will air conditioning. Ordinance in the amount of'$75~000. Councilperson have time to budget for next year on the No. 94-0R-14 in the amount of $500~000 vote: Potter: the first and second readings with the following roll call Ayes: Councilpersons Wolpert~ Wilder, Wilson~ Stemler, and Nays: Councilpersons Williams and Frantz. Council President Stemler introduced Mr. Jeff Developer of Youngstown Shopping update. He informed the Council four leases have been signed. Agan~ Center~ Mr. Agan gave a brief that since closing on the property One is an optician, and another is a carry-out tenants bowling a retail pizza place. They are in the process of moving the three in the front of the bowling alley over to be able to tear the alley down to build an anchor store. They are holding out for apearal store to go in the old Bacons area. Mr. Agan stated that government agencies have been cooperative and the community reception has been phenomenal and he is well pleased. Councilperson Potter commented the "small face lift" looks like a new shopping center. Mayor Parker explained the effort to install a turn signal has been refused, however Engineer Miller did go to Indianapolis to work on this and he believes there is a stronger possibility for PAGE 4 MARCH 21~ 1994 approval. Mr. Agan agreed this would not only help the shopping center but also America Place, and traffic in general. Mr. Agan again expressed his appreciation for all the help. Mayor Parker introduced Ms. Barbara Young, Attorney for Christ Gospel Church. Ms. Young referred to the packet of information provided to the Council earlier, explaining the area that is requested in the petition to vacate has been maintained for years, as well as upgraded~ by the Church. She gave a brief history of this and explained the advantages. This request has been previously approved by the Board of Public Works and Safety~ the~Building Commissioner and the City Attorney. Attorney Gillenwater feels all papers are in order. Council President Stemler made the motion to suspend the rules for Ordinance Ne. 94-0R-15, An Ordinance Granting Petition To Vacate Portion Of Oakwood Drive and Wolpert, passing unanimously. motion to pass Ordinance by Councilperson Wolpert. unanimous vote. Council discussions for the regarding Ordinance car ordinance". As Dogwood Avenue, seconded by Councilperson Council President Stemler then made the 94-0R-15 on all three readings~ seconded Ordinance No. 94-0R-15 passed on a President Stemler explained there have been ongoing past several months to try to reach a compromise No. 93-0R-58, which ~s known as the "take home Council President, he feels this does need to be addressed and solved. An opinion General Pam Carter addressing the workshop it was the general opinion has been received from situation. At a recent a move needs to be made. Attorney Count i 1 Counc i 1 President Stemler the understanding Mayor, Attorney, and others, contained in the Ordinance. to suspend the rules on Councilperson Potter and will ask to rescind Ordinance No. 93-0R-58, with that the policy that has been worked on by the has incorporated in it a number of points Council President Stemler made the motion Ordinance No. 93-0R-58~ seconded by carried unanimously. Council President Stemler then made the motion to rescind Ordinance No. 93-0R-58 on all three readings, seconded by Councilperson Potter, passing on a vote of 6-1~ with Councilperson Frantz voting against rescinding. Council President Stemler said it has been a difficult situation, but he does believe some good has come from it. A committment has been received PAGE 5 MARCH 21, ]994 from the Mayor Councilperson Frantz the Council. Mayor Parker Ordinance Amending He thanked Mayor Parker and for the work in this area. Mayor Parker thanked to enforce the policy. introduced Ordinance Building Code Fee Schedule. No. 94-0R.-16~ An Building Commissioner Gavin previously explained have not been raised since 1989 the to standard of other to suspend the rules Councilperson Williams, this need at a and this Council workshop. The fees will bring Jeffersonville up cities. Councilperson Wilder made the motion for Ordinance No. 94-0R-16, seconded by which passed unanimously. Councilperson Wilder then made the motion to pass Ordinance No. 94-0R-16 on all three readings, seconded by Councilperson Williams, passing on the following roll call vote: Ayes: Councilpersons Wolpert~ Williams, Frantz~ Wilder, Wilson~ Stemler~ and Potter. Nays: None. Councilperson Wilder at~ended the Building Authority meeting and reports they do wish to go ahead with the bids for an air conditioning system. It was indicated PSI Energy rebates will be available if this is done in a timely manner. 'The total cost is estimated to be $I55~©00~ with rebates amounting to $55,000. The City share of this should be about $38,000. Councilperson Wilder has talked with County Council President Dennis Simon and was told he would like to have the automatic doors to the building installed within two weeks. Bids are being taken now and the estimated total cost 'for this is $9,000 of which the City share will be 22%. Councilperson Wilder has looked through the papers requested by Councilperson ~Frantz and could not find the City obligation. Attorney Gillenwater assures her the City and the County are responsible under the original bond indenture. He wil~ be glad to go over this with Councilperson Wilder. Mr. Dully, past Building Authority Board member explained the air conditioner follow up on the possibility budget year. Councilper'son Frantz is needed. Councilperson Potter will the City will not have to pay in this questioned when the R.F.P.'s will be PAGE 6 MARCH ~1,199~ ready for composting. out how reimbursement will be made. agreement had been reached for 90 days. this ready. Councilperson Williams Attorney Gillenwater has been waiting to find Councilperson Frantz said an Attorney Gillenwater will get will be working with members of the Board of Public Works and in regard to secondary attending a seminar on May Council President Safety on environmental and safety measures smoke. Councilperson Williams will be 10 and 11 on job classifications. Stemler appreciates Mr. Agan's briefing. Council President Stemler explained the Riverfront R.F.P. was received today. It has been suggested the decision be made by April 4, 1994. Councilperson Potter reported the proposal received was from a Ogen and Churchill. All Councilpersons have been There are copies available for public review in the combination of provided a copy. Sewer collection office and the Clerk and Treasurer'e Office. In this proposal it is hoped to have the restaurant in operation by Derby Day. Clerk and Treasurer Spencer suggestes the Council read and negotiate to be ready for a vote on April 4, 1994, so that something may be accomplished. Councilperson Frantz asked if this would be a sub lease situation as she was under the impression the Council had agreed not to get in a sub lease situation. Redevelopment Director Gowens explained this would be negotiated at the time of lease negotions. Attorney Gillenwater explained the Council could make provisions in the lease to have the Council approve sub leases. Counclperson Frantz definetly feels the Council should approve sub leases. Councilperson Wolpert has concerns for the three ten year options. Council President Stemler has reversed the first few hours of the workshop scheduled for Saturday for discussion on this matter. Director Gowens reminded the Council a Corps permit is necessary~ He will be surprised if this can be done by Derby Day. If was suppossed to be available Mar~h 1~ then it was March iB, now it is sometime in April. Director Gowens does not believe the old permit can be used. Mayor Parker explained the R.F.P.'s for the operation of the sewer plant have Collection Office The next meeting welcomes been received and copies are available at the Sewer and the Clerk and Treasurer's Office for review. on this will be March ~8~ 1994 at 5:30 P.M. He any and all comments from the Council. PAGE '7 MARCH 21~ 1994 Councilperson Williams asked if the Bonnine Belle indebtedness has been addressed. Attorney Gillenwater is under the understanding an agreement had been reached and this was verified by previous City Attorney Greg Filer. Attorney Gillenwater will follow up on this. Clerk and Treasurer Spencer reminded the Council this is a new proposal for the Riverfront and in the past progress has been stymied by talking our way out of things. Councilperson Frantz is getting calls on Hoke's Garage again and the neighbors are very upset about it. Building Commissioner Gavin has been back up there and Attorney' Gillenwater will get with him. Work has been done to try and resolve this out of court. Councilperson Potter informed the Council he took the liberty to send something from the Mayor and the Council to Jeffersonville High School graduate Sherron Wilkerson who is Xin the hospital following an injury while playing for Indiana University. Council President Stemler questioned the renting of boat slips. Attorney Gillenwater explained the docks are being rented as previously with the exception of the area of the R.F.P. Those interested should contact the Park Office. Council President Stemler reminded the Council of the 8:00 A.M., Saturday, March location of the workshop it quarterly review workshop scheduled for 26~ 1994. Following discussion for the was decided to meet in Council Chambere (City-County Building Multi-Purpose ~oom). He then thanked Director Gowens for being in attendance as he did not remlize Mrs. Gowens had surgery this day. Mr. Henry Sanders~ homeowner and resident at Al8 West Riverside Drive commends Mayor Parker and his Administration for the quality of services in the City. He has concerns for the property taxes~ explaining the first year he was here the taxes were $2~400 and now three years later they are $3,300. He has concerns for such a tremendous pace. Councilperson Potter explained the City tax rate has had a minor increase and he suggests he look into the school tax. The new tax statements will have a breakdown that will let taxpayers know better where the tmxes go. Mr. Sanders has checked his assessment. He had not taken advantage of his exemptions previously but he does have the exemptions in place for 1994. Councilperson Potter said he may have purchased the property at reassment time. PAGE 8 MARCH 21, 1994 lhere being Councilperson Potter moved to adjourn at 8:40 o'clock P.M. Councilperson Wotpert and unanimously carried. ATTEST: no further business to come before the Council, seconded by CLERK ~D TREASURER C. RIC~AR~]~SPENCER JR.