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~
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