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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.