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HomeMy WebLinkAbout05-02-1994COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA MAY 2, 1994 The Common Council of the City of Jeffersonville met in regular session in Council Chambers in the City-County Building~ Jeffersonville, Indiana, at 9:30 P.M. on the 2nd day of May, 1994. The meeting was called to order by Mayor Raymond J. Parker Jr., with Clerk and Treasurer C. Richard 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. Mayor Parker apologized for the fact the speaker system is not operating asking the audience for understanding. The roll was called and those present were Councilpersons Bill Wolpert, Andrew Williams Wilder, Barbara Wilson, Robert L. Absent: None. Councilperson Frantz in Youngstown Shopping Center, III, Donna M. Frantz, Peggy Knight Pottery and Steven R. Stemler. introduced the owners of a new business welcoming them to Jeffersonville. The new business will provide eye exams and eyewear. Clerk and Treasurer Spencer presented the claim list for consideration by the Council. Following all discussions Councilperson Potter made the motion to approve the claims as presented, seconded by Council President Stemler and carried unanimously. Council President Stemler noted this meeting has been advertised as a public hearing regarding disposal of 500 feet of publicly owned property located South of Riverside Drive at and near Spring Street by lease. Attorney Gillenwater explained the procedure of using an R.F.P. procedure rather Gillenwater asked for public comment. Parker asked for public comment. Council President Stemler explained approve the method being President Stemler then by than a bid procedure. Attorney There being no response, Mayor Again there was no response. the vote tonight would be to used~ not to a particular lease. Council made the motion to approve the disposition by Councilpersons Wotpert and Frantz~ passing unanimously. PAGE 8 MAY 8, 1994 Attorney Gillenwater has been informed there are citizens affected by the tax abatement given to Prestwick Square who would like to speak up. Attorney Gillenwater explained a letter has been recieved from an Attorney representing some of the residents expressing what he feel were deficiencies in the method or manner in which this abatement was granted. One of the questions raised was if there was in adequate description of where the property was. A legal description was published and he does feel this is all that is required. Another question is to the length of time for the notice. One notice at least 10 days in avarice is required. The certified sheet from the newspaper indicates the notice was published 10 days before it was heard. The third concern noted is the Resolution has been vetoed as it was not signed by the Mayor within 10 days of passage. Attorney Gillenwater has made calls and believes the Mayor has 10 days following presentation to him for signing to sign a document. This document was not presented to the Mayor until approximately a week ago, at which time the Mayor did The papers did not include a signature line for the Mayor, it was not presented to him for signature. Following review~ for signing sign it. therefore Attorney Gillenwater finds there Office. Attorney Gillenwater requested the Clerk to provide a line for the Mayor's signature and Mayor for signature. This was done and the Mayor 10 days of the time it was presented, therefore is no time frame for filing in the Assessor's Treasurer's Office present it to the did sign it within there was no veto. Councilperson Wilder made the motion to rescind the tax abatement on Prestwick Square, seconded by Councilperson Potter. Attorney Gillenwater anticipated Economic Revitalization The law does not say this motion and researched Area designation. There is you can do it and does not say the rescinding of no clear answer. you cannot. opinion it it has been if this is Attorney Gitlenwater does warn the Council that in his would be taking something away that had been granted if done properly, which it probably has been. He believes taken away the Council may be creating some liability by the City. Mr. Steve Holly questioned the information provided to the Council on February ?, 1994 being changed. He feels this development will devalue the property and cause hardship in the neighborhood. Mr. PAGE 3 MAY 8, 1994 Scott Roby strongly opposes this as he feels the tax abatment object is to revitalize an area and he does not believe the area is in need of revitalizing. Homes in the area are selling for $130,000 and more. In Mr. Roby's opinion this boils down to the City paying for development. Mr. Roby related conversations with Mr. Lynn regarding development and revitaliztion in Prestwick Corporation in general will go on and they are capable the area. Mr. Roby has concerns for as it has been stated the project of paying taxes. He sees no gain for the City, and he does not want to see Prestwick exploit the City. The City will have to provide extra services and the City wiii be paying, not Prestwick. It is felt if the project is built where the property is not so valuable the rent could be lower. Councilperson Wilson has two statements with different numbers. Clerk and Treasurer Spencer called attention to a letter from Attorney Council dated January 84, 1994 explaining Attorney Byrne explained the revised Statement Council. Attorney Fifer, representing Ms. JoAnn Maurice Byrne to the the revised numbers. was provided to the Becht~ 3B09 Gardner Boulevard, Jeffersonville~ explained he had sent a letter to Mr. Byrne questioning the procedure. Attorney Filer explained the three step procedure necessary. This should be on file in the Assessor's Office prior to publication. He also feels the day of publication should not be counted when counting the 10 days. The main concern of the residents is that they were not given an opportunity to be heard. Attorney Filer feels the signing of the Resolution does not cure the problem. The problem is a three step process which cannot be turned into a one step process. He feels the residents would be happy to have the Council start over and let them be heard. Attorney Fifer following a review of the documents and the minutes, does not believe the 5 findings for approval of a Statement of Benefits have been made. He feels this is the fault of whoever is drafting the documents. Attorney Filer asks the Council to go back and start the process over. Maurice Byrne, Attorney representing Prestwick Square, explained his client is willing to work this out. If there is a question as to the information presented they do want to know about resolve the situation without litigation, they down and working. Attorney Byrne agrees with it. They do want to are open to sitting Attorney Gillenwater PAGE A MAY 2, 1994 to negotiation. on February 7, Byrne answered does rescind. if his client takes action to their only action the Council concerns. If there is the form of a be sought from the City. in certain circumstances, that this was conducted properly. Prestwick Square has made a major committment, and intends to go forward, always open They feel the Courts will uphold what the Council did 1994. When questioned by Councilperson Williams, Mr. they would consider litigation if the Council Councilperson Williams then questioned Attorney Filer would consider further action if the Council disadvantage. Attorney Filer answered the could take would be to not listen to their legal action to clarify the actions it would be in declaratory action and no damages would Attorney Giltenwater explained the Council can take action to undo certain things, however if you create a right for a third party and then vote to revoke that right the City may have to pay for the loss. Councilperson Frantz feels the Council should go back, go through the three steps and give the residents a chance to be heard. Councilperson Wilson does not feel the Council was given the right information as the Council did not realize the development would go through another subdivision. She feels this is grounds to rescind. Councilperson Wilder also questions the fact that if the Mayor can veto, why the Council cannot rescind. She feels this ie the same. Attorney Gillenwater said it is not official until it is signed or vetoed. Ms. Beth Roby questioned if the Mayor had said at the previous meeting that it was vetoed. Mayor Parker explained he had not personally said it was a veto, explaining he would have signed it immediately had it been presented to him. He did not personally veto it. Councilperson Frantz believes the Mayor did say he vetoed. Councilperson Wilson feels the tape of the last meeting should be listened to. Mayor Paker does he did he apologizes as it was done he has never vetoed any. not recall saying it was a veto, and if a mistake as of all the tax abatements He has also not signed them all so they are all wrong. Mr. Bruce Burwell, 3123 Gardner Boulevard, understands from the last meeting there was in involuntary veto. Mayor Parker' then asked for a roll call vote on the motion to rescind the action. PAGE 5 MAY 2, 1994 The motion call vote: Ayes: Potter. to rescind the tax abatement passed on the following roll address Councilpersons Wolpert, Wilder, Wilson, Stemler, and Nays: Councilpersons Williams and Frantz. Mayor Parker introduced Mr. Jesse Ballew who has asked to the Council regarding Hidden Lakes subdivision. Mr. Ballew he is City. He is asking to City to years. The property for the lift He explained the sewer fees will be the City residents pay. He asks for He would not have proceeded with annexed as this is a selling developed following explained the general told the Council he is developing Hidden Lakes subdivision and connecting to City Sewers. In the agreement to connect to City Sewers being asked to agree not to remonstrate to annexation by the agree not to annex the area for 20 station has been given to the City. one and one half times the rate time to finish the development. the project if he knew he would be point. The subdivision is being City building codes. Attorney Gillenwater procedure in a case as this. He does warn the Council against binding the City in the future against annexation. They could allow for remonstrance for a specific time period. The advantage to allowing more on the sewer system is that in theory it makes it cheaper for all. As to plant capacity, the residents would probably not be a problem. Industry causes capacity problems, not residents. The plant was built to allow for expansion. The advantage is it is a lot easier to annex if there is no remonstrance. Council President Stemler feels a need for thought on this and would like to take this under advisement. Mr. Ballew explained a major selling point is the fact of paying County tax. He would not have pursued the project if he felt it would be annexed. Mayor Parker agrees with Council President Stemler there is need for thought, but a decision should be made in a build now. Council the next workshop. ~ouncilperson regarding Ordinance No. Conflicts Of Interest timely fashion. Mr. Ballew stated he is ready to President Stemler suggested this be discussed at Wilder asked if there were any questions 94-0R-17~ An Ordinance Regulating Ethics And For City Officials And Employees. Councilperson PAGE 6 MAY 8, 1994 Wilder then made the motion to pass Ordinance No. 94-0R-17~ on the third and final reading~ seconded by Councilperson Frantz. Clerk and Treasurer Spencer asked if the document he has in his possession is an original as there are no signature lines on the document he has. He would also like to know if this is an amendment and if Ordinance No. 93-0R-82 is rescinded. Clerk and Treasurer Spencer feels these areas should be clear. Councilperson Frantz withdrew her second. Councilperson Wilder withdrew her motion. brought up at the next meeting. Councilperson Potter introduced This will be corrected and Ordinance No. 94-0R-18, An Ordinance Transferring Funds Within Same Department, explaining the transfer requested represents the total obligation by the City to start the program for underprivilidged children in the City. Councilperson Potter made the motion to suspend the rules for Ordinance No. 94-0R-18, seconded carried unanimously. Councilperson pass Ordinance No. 94-0R-18 on all three readings, Councilperson Wolpert, passing on the following roll call Ayes: Frantz, Williams, Nays: by Councilperson Williams and Potter then made the motion to seconded by vote: for legal draft presented Wolpert asked Councilpersons and Wolpert. None. Council President Stemler referenced a draft services calling attention to the highlighted this evening explaining the changes. if three months would be Stemler, Potter~ Wilson, Wilder, enough time to was indicated this made the motion to Councitperson Potter. Council's authority explained the Council of a contract areas of the Councilperson relocate. It would not be enough time. Councilperson Williams accept the contract for legal services, seconded by Clerk and Treasurer Spencer questioned the to pass a contract. Attorney Gillenwater has the authority to hire their own Attorney. He does not feel this is a problem. The Council in general does not have the right to enter into a contract~ however by statute the Council does have the right to hire an Attorney and he does not know how it can be done without a contract. The contract was approved on the following roll call vote: PAGE ? MAY 2, 1994 Wilson, Ayes: Councilpersons Stemler, and Potter. Nays: None. Councilperson Frantz Wolpert~ Williams~ Frantz, Wilder, reported the recycling bins are going out this week. These are not for yard waste. Pickup should start the week of May 16 and if there are questions calls should be directed to the Solid Waste District. No decisions have been made regarding yard waste. Options were discussed. or composting is the goal. Councilperson Wilson brochures. Councilpeson Potter he urges all to get out and vote. Mayor Parker also urged Councilperson Williams Leaving grass clippings on the yard called attention to the new Park explained tomorrow is election day and all to exercise their right to vote. explained the room being used for the City Council problem with the other bodies. Councilperson Potter said he lapel microphone system. problem is that others therefore the batteries meetings are used by many others and this has caused the the public address system. There is a need to address is looking into a The City purchased the current system, the using the system forget to turn it off, are not charged. Mr. Tom Galligan, a member of the Building Authority, promises the situation will be addressed at the next meeting. Councilperson Williams has met with Fire Chief Dooley and Councilperson Wilder concerning the replacement fire truck that will cost between $500,000 and $5503000. He does anticipate further input. Councilperson Frantz will meet with Attorney Gillenwater regarding Hoke's on Thursday. If there are any comments she would appreciate hearing them before this meeting. She has received some complaints regarding the paving on Court Avenue. Street Commissioner Trembly explained the procedure used in determining the method of paving. Court Avenue will be milled and paved. Councilperson Frantz will be coordinating a meeting on composting. She complaints regarding overspray paint from Jeff Boat Attorney Giilenwater explained Jeff Boat needs to specifics. is also receiving getting on cars. be informed with Commissioner Trembly explained he needs to know of these PAGE 8 MAY 27 1994 complaints so that something can be done immediately. Mayor Parker explained Jeff Boat is a good neighbor and is always receptive when told of a problem. Councilperson Frantz commented on the need to push forward on developing the overlook, calling attention to the funds available in the Riverfront Non-Reverting Fund. There is a group that is willing to help with this. Councilperson Potter explained Wayne Estopinal is preparing a blueprint. Councilperson Frantz said regardless of what is done on the Riverfront lease there is a need to start something in the area. Councilperson Stemler reminded to be held Monday, May 9~ 1994 at 6:00 the Council of the workshop o'clock P.M. in the Mayor's Conference Room. Two of the areas to be discussed will be the Hidden Lakes Subdivision and the innercity road project. He also reminded the Council of the After Hours With Business People scheduled for May 19~ 1994 in the Mayor,s Conference Room. Commissioner Bill Gavin reminded the Council~ one subdivision, Landsburg Cove has signed not to remonstrate. City Engineer Bob Miller has been informed by Redevelopment Director something will be started on Riverside Drive as he has been asked to review the plans. There being no further business to come before the Council~ Councilperson Potter moved to adjourn at 9:00 o'clock P.M. seconded by Council President Stemler and unanimously carried. MAYO~ RAYMOND J- PARK~ ATTEST: