HomeMy WebLinkAbout04-25-1994COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
APRIL 25, 1994
The Common Council of the City of Jeffersonville met in
regular session in Council ~ambers in the City-County Building~
Jeffersonville, Indiana, at 9:30 P.M. on the RSth day of April, 1994.
The meeting was called to order by Mayor Raymond J. Parker
Jr., with Deputy Clerk Barbara C. Hollis 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.
Mayor Parker announced Attorney Mike Forsee will be sitting
in for City Attorney Mike Gillenwater who is attending a seminar.
The roll was called and those present were Councilpersons
Bill Wolpert, Andrew Williams
Wilder~ Barbara Wilson, Robert L.
Absent: None.
Mayor Parker presented
III~ Donna M. Frantz, Peggy Knight
Potter, and Steven R. Stemler.
the minutes of the meeting of April
1994 for consideration by the Council.
the motion to approve the minutes as presented,
Councilperson Wolpert, and carried unanimously.
Clerk Hollis presented the claim list noting
and one additional claim in the amount of $507?09.20 for
Councilperson Potter made
seconded by
three changes
consideration
by the Council. Following all discussions Councilperson Potter made
the motion to approve the claims with the addition and corrections~
seconded by Councilperson Williams and carried unanimously.
Mayor Parker introduced Mr. Dennis Cook~ President, and Mr.
Sam Gwinn~ Attorney for H.D.R. Enterprises~ Inc. Attorney Gwinn
explained the Company is requesting a 10 year tax abatement for a one
half million dollar facility for corporate offices and warehouse space
for a wall and floor covering business. The area has previously been
declared an Economic Revitalization Area. Council President Stemler
noted the Company had considered moving to Louisville and this is good
from the standpoint of retention. Mr. Cook explained the history of
the Company. The Company has not previously received a tax abatement.
Attorney Gwinn explained the State Statutes speak strong about
PAGE 2
APRIL 25, 19~4
retention.
Industrial
Councilperson Potter
Benefits for H.D.R.
abatement, seconded by
Stemler explained he will
bidding on the plumbing.
call vote:
Wilson,
is glad
Councilperson Wilder
Park. Following the answering of all
made the motion to accept the
Enterprises, Inc. granting a
Councilperson
abstain from
The motion carried
to see this going to the
questions,
Statement of
10 year tax
Wilder. Council President
the vote as his firm will be
on the following roll
Ayes: Councilpersons
and Potter.
Nays: None.
Abstain: Council President Stemler.
Council President Stemler
Councilpersons Potter and Wolpert have
proposed lease for the Riverfront.
discussions. The next Council meeting~
Wolpert, Williams, Frantz~ Wilder,
explained that he and
had six meetings regarding the
These have been progressive
May B, 1994, will be a public
hearing regarding disposal of 500 feet of publicly owned property
located south of Riverside Drive at and near Spring Street by lease.
Redevelopment Director Gowens explained approval of a Corps of
Engineers application for a permit from Jeff Boat to the I65 Bridge
filed a year ago is expected by the middle of May. It has been
suggested to wait for the approval before requesting modificaitons.
The modification process will take a minimum of 120 days, therefore it
will be this fall before anything can be done. Mr. Smith,
representing Riverfront Development Partners is dissappointed the
Corps process takes so long. There are no firm decisions for any
activity at this time. Director Gowens explained the permits will all
be in the name of the City of Jeffersonvilie. He is prepared to apply
for the modification the day following approval. Council President
Stemier wants to keep focused on progress. Councilperson Wilson said
everyone is waiting for something to happen. Councilperson Frantz
reminded the Council of the "seed" money in the Riverfront~
Non-Reverting Fund. Councilperson Williams asked Mr. Smith if the
major portion of the improvements would not begin before next Spring.
Mr. Smith explained this is a matter of economics and if there is no
revenue it is hard to justify expenditures. This will have to be
PAGE 3
APRIL 85, 1994
addressed in the lease. Director Gowens wishes this could be done
with a stroke of a pen~ however it cannot and it is exasperating. Mr.
Jim Johns asks if the City has to wait until next Spring, should the
City perhaps wait for a better deal to come along. To further
questions~
Council President Stemter reminded ail
the next meeting.
Council President Stemler
calls have been received
Mr. Smith explained the partnership
again of
responded to an R.F.P.
the public hearing for
has been informed a number of
from property owners regarding the Statement
of Benefits approved for Prestwick Square. There has been e question
if this was done in a legal manner. Attorney Forsee has copies of
correspondence from Attorney Greg Filer. Several items of concern
have been raised. The major concern is that it was not properly
published. The publication was on January ~?~ 1994 and the meeting
was on February ?~ 1994. This would indicate the meeting was on the
loth day. The Resolution was passed on February ?, 1994 and as of
April 25, 1994 not signed by the Mayor. The zoning is proper and this
is not the place to talk about zoning. The question is if it was not
done in a legal manner, or if it is considered a veto for failure of a
signature within 10 day of passage because there was no signature line
for the Mayor to sign. Attorney Filer explained the residents of the
adjoining subdivisions were not given an opportunity to be heard.
When questioned Mayor Parker explained it was overlooked and was a
non-intentional veteo and he would have signed it had his name been on
the document for signature. He was not against the abatement. The
document was never presented to him for signature. A Resolution can
be rescinded by a majority vote. Ms. Diane Berry, Realtor for
Prestwick Square explained the group has worked very hard and spent a
considerable amount of money putting together a financial package~
doing environmental studies, etc, and
It does not seem fair to have this
representatives of Prestwick were not
they are prepared to go forward.
discussion when the Attorney or
notified and are not present to
speak in defense. Mr. Forsee called attention to correspondence dated
February ~5~ 1994 addressed to Attorney Byrne from Attorney Filer.
Attorney Byrne had talked to Attorney Gillenwater and wes assured
PAGE A
APRIL 25~ 1994
there were no violations and the letter was meant to discourage.
Councilperson Frantz does not feel any action should be taken at this
meeting as the representatives of Prestwick are not here and this was
not on the agenda. Attorney Forsee does have a problem with this
subject not being on the agenda. It was agreed to place the subject
on the agenda for the next meeting, but the residents will be heard at
this meeting. Mr. Steve Holly. a resident of the Eastbrook
Subdivision spoke on behalf of Eastgate, Eastbrook and Emerald Forest
Subdivision residents. Mr. Holly found that none of the 188 residents
questioned were aware of the project. Mr. Bob Lynn~ the builder had
not informed residents that purchased homes as late as January Of the
development. These residents ask that this be rescinded and go back
and start over and let the residents be heard. Some purchasers asked
Mr. Lynn specifically if he planned to put commercial or multi-family
in the area. There were given a solid no as an answer. All the
residents ask is to be able to voice their opinion as they feel they
have been "backdoored". It is understood the same Oevelopment was
done in New Albany with no tax abatement and the question is why
should the citizens of Jeffersonville provide a tax break. The main
objection is the entrance goes through the other neighborhoods.
Building Commissioner Gavin explained two entrances are necessary due
to emergency vehicles. Attorney Forsee's biggest problem with this
situation is that it is not on the agenda for this meeting. It will
be on the agenda for the next meeting. When questioned~ Attorney
Forsee stated, as it stands right now it is an involuntary veto.
Councilperson Potter has invited Mr. Robbie Valentine,
asking him to talk about his work with underprivilidged children in
Louisville which has been spreading across the nation. This program
uses basketball to get children involved in school. This will be
started locally with a clinic at Jeffersonville High School with one
half of the financing coming from the Housing Department. He will be
asking the Council to finance the other half. Mr. Valentine explained
the goals of the program are to keep children off the street, increase
academic standards, and to build self esteem. He told of the first
400 students and their increase in academic average. None of the
participants have been in trouble with the law. This is a very
PAGE 5
APRIL 85~ 1994
disciplined program and does involve
are becomming unbelievable leaders.
aware of the program whichis geared for middle
Councilperson Potter thanked Mr. Valentine.
Ms. Jennifer Mead of the Department
the parents. Negative students
The Greater Clark Principals are
school students.
of Redevelopment
explained Resolution No. 94-R-19, A Resolution Of The Common Council
Of The City Of Jeffersonville, Indiana, Authorizing The Submittal Of A
Title IX Grant Application To The U.S. Department Of Commerce,
Economic Development Administration. She further explained the status
of the Grant application. Council President Stemler made the motion
to pass Resolution No. 94-R-19, seconded by Councilperson Williams
and carried unanimously.
Councilperson Frantz explained Liter's Quarry has asked IDEM
for a permit to change some of the things that are being done at the
Quarry. She has asked Mr. John Hamm to address these changes. Mr.
Hamm explained a new portable plant has been ordered. The Quarry is
trying to develop a friendship and understanding with the neighbors.
They were originally told no permit was required. They have been
asked to obtain a permit and that is why the notice was in the
newspaper. A new state of the art facility is being planned for 125
feet below ground level which should be an improvement. City Services
Director Les Kavanaugh explained the operation is one of the first
class quarry in the United States and Indiana. A complete eco-eystem
has been installed. Mr. Hamm told all to feel free to call with any
questions. Ms. Joyce Hack questioned the timing. Mr. Hamm explained
Indiana is behind with air permits and the notice of intent is one of
the last steps. Air inspections are made at least once a year. The
blasting should be about the same. The dust numbers are maximums'
however no resperators are required. Mr. Jack Shelling said it is
better now and he appreciates what the Quarry is doing. Councilperson
Wilder has copies of the papers with the address of IDEM and she
suggest concerns be addressed to IDEM as the Counoil can do nothing.
Councilperson Frantz requested Director Kavanaugh to give a
composting update. Director Kavanaugh explained the Solid Waste
District Board awarded the composting contract to Mr. Clark Nickles.
PAGE 6
APRIL 25, 1994
No firm date has been set to start. The fees will be waived for the
first two years. The cost beginning the third year has not been
determined. He does believe this is a ten year contract. Letters
have gone out to all in the County. Street Commissioner Trembly
explained there are concerns for containers for yard waste. The paper
bags are expensive. There is a danger of fire with dumping into a
compactor. Plastic bags are out. The composting site will be at
Indiana Amunition Plant.
Councilperson Wilder has distributed copies of the Ethics
Ordinance amendment, explaining the minor changes. Councilperson
Wilder made the motion to pass Ordinance No. 94-0R-17, An Ordinance
Regulating Ethics And Conflict Of Interest For City Officials And
Employees on the first and second reading only, seconded by Council
President Stemler~ passing unanimously. The disclosure forms have
been distributed.
Council. Ms. Pearson explained she is
she is ready to respresent and advise,
Councilperson Wilder introduced Ms. Joyce A. McCray
a contract for services to the
very interested in the ~ob and
promising to work dilingently
for the Council. She is in private practice in Jeffersonville and
teaches at the University of Louisville Law School. She does plan to
move to Jeffersonville and is willing to make this a part of the
contract. Following all questions, Council President Stemler made the
motion to work with Ms. Pearson to begin negotiations on a contracts
seconded by Councilperson Wolpert and carried unanimously.
Councilperson Wilder asked the Council to hold the first
P.M. in the
Council After Hours on Thursday, May 19, 1994 at ? o~ctock
Mayor's Conference Room.
Councilperson Frantz explained curbside recycling is
scheduled to begin May 16, 1994. Two weeks prior to this each
resident will receive a fact sheet and a bin. There is still
confusion regarding yardwaste.
Councilperson Williams has been
Firefighters Union that are interested in signing a contract with
City to be officially recognized. He will meet with the Mayor
Council President Stemler on this.
contacted by members of the
the
and
PAGE ?
APRIL 85~ 1994
Council President Stemler explained the work on the
riverfront lease has been quite a procedure to go through. The
committee is doing all they can to move it forward. There is a
prospect for a new development at the Maritime Center. A new Chamber
building is being planned for Charlestown Road. The City is getting
their money's worth from their membership in the Southern Indiana
Development Commission. Council President Stemler called attention to
a memo regarding DeMars and North Port. He appreciates being a part
of the process with the R.F.P. for the operation of the Sewer Plant.
Mayor Parker explained the contract for the operation of 'the
Waste water Treatment
Plublic Works and
are interested.
Plant
Safety.
This wilt
was accepted this day by the Board Of
He has a copy of the contract for all who
result in a $608,000 benefit in the next
three year period. Mayor Parker reports there were very few problems
as a result of having between 200~000 and ~5()~000 people view Thunder.
Jeffersonville had 40 Police on duty with Louisville having 600. He
commends the City employees and Administrative Assistant Donna Baird
for the terrific job that was done. Plans are now being made for next
year.
Councilperson Frantz noted the ongoing problem with Hoke~s,
calling attention to some pictures that have been taken. She asks all
to look into this and help support her in trying to remedy the
problem. Building Commission Gavin explained this is a tranisitional
yard and should be screened from the residential area. He does not
feel the neighbors will be happy with a fence. The residents have
been fighting this for years. Councilperson Frantz has asked for all
documents from the City Attorney.
up as they feel like they have a
looking for suggestions and help.
The residents want the area cleaned
junk yard. Councilperson Frantz is
Councitperson Wilson reminded ali the Concerts In The Park
will be starting up again in about three weeks. These were excellent
last year. Landscaping and flowers are planned for the area.
Mr. Jeff White feels a bad precedent is being set by giving
Prestwick Square a tax abatement. Apartments do not generate very
much in property taxes, however do use ail City services. He
questions if Jeffersonviile can aford this?
PAGE 8
APRIL 25, 1994
questioned
Mr. Clarence Keys
dumpster on 8th Street and was informed this
Keys feels the Mayor and all City Officials
traffic situation following Thunder as he sat on I-?l
traffic. He then found Court Avenue exit closed
backed up finally getting off in Clarksville.
There being no further business to
Council President Stemler moved to adjourn at 9:25 o'clock
seconded by Councilperson Potter and unanimously carried.
~OR/A~yEo~D J] PARKER R,
ATTEST:
the situation with the
was taken care of. Mr.
should be shot for the
for two hours in
and loth Street
come before the Council,
P.M.