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HomeMy WebLinkAbout10-17-1994COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA OCTOBER 17, I994 regular The Common Council of the City of Jeffersonville met in session in the Multi-Purpose Meeting Room in the City-County Buitding~ Jeffersonville~ Indiana~ at 9:30 P.M. on the l?th day of October 1994. The meeting Jr., with Clerk and Mayor Parker welcomed was called to order by Mayor Treasurer C. Richard Spencer all in attendance~ asking all Raymond J. Parker Jr, at the desk. those present to stand as Council President Steven Stemler gave the invocation. He then asked ail those present to join him in the pledge of allegiance to the flag. The roil was called and those present were Councilpersons Andrew Williams III, Donna M. Prantz, Peggy Knight Wilder~ Barbara Wilson~ Steven R. Stemler, and Robert L. Potter. Absent: Councilperson Bill Wolpert. Mayor Parker presented the minutes of the meetings of October 3~ 1994, for consideration by the Council. Councilperson Potter made the motion to approve the minutes as presented, seconded by Council President Stemler and carried unanimously. Clerk and Treasurer Spencer presented the claim list with two additional claims for consideration by the Council. Following all discussion, Councilperson Potter made the motion to approve the claims seconded by Councilperson Williams and carried as presented, unanimously. Council Riverfront Lease Attorney Jim Hill stated all involved with the have been working very hard and they were down to four issues which were resolved today. He will have a lease ready for the next Council meeting sheduled for November ?~ The committee has done an outstanding job getting together the Councils Attorney Gillenwater~ and Redevelopment Director Gowens. Attorney Hill hopes to have a clean copy available for the Council in a couple of days. The Bill Monroe event has been postponed due to the construction on Riverside Drive. Mr. Bill Tanner expressed his concern for the length of time it has taken to complete the lease. PAGE 2 OCTOBER 17, 1994 Board of presented an interlocal agreement for the County. It was explained no cost. President tsgrigg asks contract with any other service. County Commissioners President Greg Isgrigg regarding ambulance and 911 service the City will have no liability and the City to "get on board" and not Atttorney Gillenwater has reviewed the document Emergency use alone cannot support thing the City will be giving up ambulance service. The County will and explained the County is trying to solve a problem. a service. He stated the only is the opportunity to pay for be subsidizing the program with the hope it will be self-sufficient within 5 years. The initial start-up costs will be; Clark County Landfill $?00~000~ Clark County Hospital $250,000, and Southern Medical Center in Charlestown $51,000. It is the desire of the County Commissioners to have a quality 911 service for all of Clark County to be able to walk any family through a crisis until help arrives. Clark County Health Department will be a part of the Safety Cooporation. The 911 user fee will go from $.50 a month to $1.25 a month. Interviews are taking place for the president of the Safety Board. Mr. Charles Wright made a verbal objection to the ambulance service. assist in the funding if Isgrigg said the County When asked if the entities would be asked to it did not become self-sufficient, President plans to fund it if it is going in the right direction. It is believed this will work as the hospital funded a study and a lot of time and effort has been put into it. It is hoped to have 10 to 12 vehicles and be a Clark County only service. Mayor Parker commended the Commissioners for taking on this task. This has been a problem for many years. President Isgrigg said it will be up to the Safety Board if the Fire Department will have an active role. It is hoped to train some of the firefighters in first responder. It will not be mandatory to house some of the ambulances in the fire houses. Mr. Charles W. Wright first thanked all the Council for not returning his phone calls. Mr. Wright said it is wrong that it will be no cost to the City as the citiens will have to pay. There is no problem now in the City with ambulance service and the 911 service is the best in the country. Mr. Wright further states this will be a private corporation funded by the citizens and the elected officials will appoint family members. No elected official has authority to PAGE 3 OCTOBER 17, 199~ mandate a user fee. It is a slick way of getting away from raising taxes. Mr. Wright concluded by saying, "if anybody obligates me to a mandatory user fee on my phone bill, we are going to federal court one more time." President Isgrigg explained 911 has been funded in the past by a Jeff Township user fee which has paid for all of the County. It is the opinion of President tegrigg that $1.B5 a month is cheap to save a life. Mr. Rademaker and Allen Morris, Linda F. Rademaker, presented Resolutions Approving Statement of Property Tax Abatements explaining this is a from Louisville to a place where it is proper Attorney representing Richard W. and Heat Transfer Specialties, Inc. Benefits For Purposes Of top-notch facility moving (Clark Maritime Center). Councilperson Frantz explained she supports the abatement, however she will abstain. Council President Stemler then made the motion to pass Resolution No. 94-R-30, A Resolution Approving Statement Of Benefits For Purposes Of Property Tax Abatement (Heat Transfer Specialties, Inc.), seconded by Councilperson Potter, passing on a vote of 5-0-1. Councilperson Frantz abstained. Council President Stemler then made the motion to pass Resolution No. 94-R-31, Resolution Approving Statement Of Benefits For Purposes Of Proeprty Tax Abatement (Richard W. Rademaker and Linda F. Rademaker)~ seconded by Councilperson Potter, passing on a vote of 5-0-1. Councilperson Frantz abstained. Council President Stemler has mailed a copy of an article in Business First about this company, saying it is good for our community. Robert L. and Sherry L. Mauk presented a petition for vacation of alleye. This has been advertised. Attorney Gillenwater said the biggest concern if for adjoining land owners of which there are none, and utilities. Mayor Parker asked for any safety objections. Engineer Miller would like to see if there is a sewer line. Mr. Mauk explained he is asking for the side alleys only not the center alley. Mayor Parker suggests this be tabled until the Building Commissioner~ City Engineer, and the Fire Chief have had a chance to check the area. The common practice is to present the petition to the Board Of Public Works And Safety first. Mr. Mauk will go to the Board of Works and return to the Council on November ?. PAGE 4 OCTOBER 17~ 1994 Mayor Parker reviewed the steps taken the last couple of months on the Inner-City Road Project. Mayor Parker has been requested by the Council to consider an alternate route and to commission a survey. The survey has been done and each Councilperson has received a copy. Mayor Parker read aloud the recommendations. The cost of the two alignments are approximately the same. The original option reserves the option of extending the road to Perrin Lane and Utica Pike. The original alignment involves ? property owners and the alternate involves at least 9. In Mayor Parker's opinion there is no reason to move the original proposed alignment and requests the Council support. With the potential growth and economic development this could be the center of the City in the next five years. Mayor Parker asked the Council to proceed as last year the "boat was missed": and this is a "boat that cannot be missed". Council President Stemler thanked the Mayor for heeding the request for researching the alternate route. His focus is on financing as this should be the Wl issue for the Council. He is in favor of the road: his concerns are for funding as this involves millions of dollars. The question is how much risk can be afforded, and what is the true risk. The outstanding~debt of the DeMars Project is a question. Future development is how this will work. His concern is what is best for the taxpayer. Council President Stemler asks the Mayor to help the Council achieve a financial comfort level. He does recommend the corridor be preserved and work toward funding. Mayor Parker agrees there is risk~ however indicators tell him this is a prime area. Seven out of ten T.I.F. projects work. It is a gambler but is a chance that should be taken. Mayor Parker has talked to potential builders that do not want to be exposed at this time. There is a need to expand and this is the only way the City can move. He will do what he can to get more answers to the Council as time is of the essence. Mr. Mike Hurt agrees with the Mayor that the "boat was missed", however the "boat that was missed" was going to spend millions in our community and the "boat" the Mayor proposes is going to cost millions and will have no life raft on it. There is no place for development along the proposed route from Highway 62 to Utica Pike. There is plenty of access in this area and Mr. Hutt believes PAGE 5 OCTOBER 17~ 1994 this is a smokescreen and to keep the main road from going through State Representative Jim Bottorff's property. He believes this is "politics as usual" for Mr. Gowens, Engineer Lanz and Mayor Parker. Mr. Hutt suggests someone from outside Indiana that a diversion tactic does not know Mr. Bottorff look at the road. He then asks what INDOT approval means. Engineer Lanz explained this is concept approval. Mr. Hurt then asked if any have been contacted by Jim Bottorff. Mayor Parker replied no. He did make Mr. Bottorff and the Kempf family aware of the alternate alignment. Mayor Parker has had no political pressure from Jim Bottorff. He further stated he would not put his name on the line and endorse any individual for the good of the people. Mayor Parker agreed Jim Bottorff is a personal friend, however there have been no discussions and promises made to him. This is no smoke screen and he is sorry the project affects Mr. Hutt's father. He does want to do what is good for the people. Engineer Lanz agrees both alignments can be built. He has no personal feelings as to whose land is involved. Where ever this road goes through the owners stand to gain. He does not like to shut doors as far as extending to Utica Pike. Mr. Louie Hurt explained there is a better route if the curve is taken out and comes through the Bottorff property as this is higher ground and farther from the school. Mr. Mike Hutt then asked the rest of the Council if they have been contacted by Mr. Bottorff. Councilperson Potter stated he has not and does resent the thought. Council President Stemler has talked to Mr. Bottorff asking him for help and information on T.I.F. His answer is the same as given to Mr. Hutt's father, that his vote will be based on the facts as he understands them and he feels his record is that his Wilson stated No. Frantz questioned votes have not been swayed. Councilperson Wilder stated No. drawings from years back that the Highway 62 alignment has Councilperson Councilperson had another route. Engineer Lanz stated always been the same. This road will hook directly into I65 at Highway 31. Councilperson Frantz asked if it is likely the road will go to Utica Pike. Engineer Lanz said it is not likely now, however later~ no one knows. Councilperson Frantz asked if the Council approves financing, could the plans change PAGE 6 OCTOBER 17~ 1994 dramaticaly. Changes would be approved by the Board of Public Works and Safety. Ms. Patty Gassaway~ 440 Thompson Lane has tried to contact Representative Jim Bottorff and he would not return her calls. She is concerned for her property as she has lived on Thompson Lane for 85 years and the house has been in the family for 40 years. She would like to know how she will be affected. Mayor Parker explained the alternate route was looked into and he did not recommend the alternate route. The recommendation on the floor does not affect Thompson Lane. A meeting with a group of the neighbors will be arranged if they desire. A man in the audience questioned how money could be spend that the City did not have. Mayor Parker explained this is the reason for T.I.F. and annexation. Mrs. Prentice added if this fails it will be paid through property taxes. She then asked why there would be a road with a 55 MPH limit through a subdivision. Mayor Parker said the speed limit has not been established and 55 MPH is not the intention. Mr. and Mrs. Prentice again explained their plans for Buttonwood have been approved and they have built~ now they cannot sell because of the road. They are told to build and then they are told not to sell. Mayor Parker knows Mr. and Mrs. Prentice are protecting their own interests just as the Hutts and the residents of Thompson. Mayor Parker's recommendation is for the people and in the best interest of the community and the taxpayers. This road has been talked about for 20 years and there is a need to get it done. Mayor Parker would like to'know the intention of the Council. Mr. Prentice does not fault the Mayor as he is doing his job by doing what is best for Jeffersonville. Mr. Prentice would like to recover the full financial damage they will suffer. dollars. He does not debate the need to bear what it is going to cost him. Th~s is way over a million for the road~ he does not want Council President Stemler said the Mayor has presented the project and asked for funding. It~ is his intention as President of the Council to work with Secretary of Finance Bob Potter and communicate with the other Councilpersons to immediately address the questions to see if it is a feasible project. Mr. Prentice told the Mayor he does not fault him, if he was in the same place he would do the same thing. PAGE ? OCTOBER 17, 1994 Attorney Gillenwater referred to a letter addressed to the Council regarding earthquake insurance for the City-County Building. The Building Authority has never had earthquake insurance on the Building, however they are looking for guidance in this area. Mr. Tom Galligan, Building Authority Board Member explained it is the intention to make the Council Councilperson Williams, saying anything pursue obtaining earthquake insurance. comments. Councilperson Potter presented Ordinance No. aware there is no earthquake insurance. can happen, suggests they not There were no other Council 94-0R-37, An Ordinance Transferring Certain Funds Within Same Department (Animal Shelter), explaining this will complete the funding for the salary ordinance amendment passed previously. He further noted no raises are involved. Councilperson Potter then made the motion to pass Ordinance No. 94-0R-37 on the third and final reading, seconded by Councilperson Williams, passing on the following roll call vote: Ayes: Councilpersons Williams, Wilson, Stemler, and Potter. Nays: Councilpersons Frantz and Wilder. Ms. Jennifer Mead of the Department of Redevelopment explained the need for Resolution No. 94-R-3~, A Resolution Of The Common Council Of The City Of Jeffersonville, Indiana, Authorizing The Submittal Of The Microenterprise Application To The Indiana Department Of Commerce And Addressing Related Matters. There will be no local match required of the grant at this time. The next one may require a 10~ local match. This grant will be administered through the Department of Redevelopment Revolving Loan Fund. Councilperson Potter does endorse this saying it is a good program. Following ali questions and answers Council President Stemler made the motion to pass Resolution No. 94-R-3B, seconded by Councilperson Wilson and carried unanimously. Councilperson Potter spent two and one half days in Indianapolis and was able to spend one hour with the Commissioner regarding the greenway. There is a need to get the paper work in. Council President Stemler will be working closely with Councilperson Potter on this and the financing for the Inner-City Road. Councilperson Wilder introduced Ms. Dowe and Mr. Naughton, PAGE 8 OCTOBER residents of Elk Point Subdivision 199A who are appearing before the Council regarding problems in the subdivision~ many believe are the fault of the developer. This situation has been turned over to the City Attorney as the Planning and Zoning Attorney has a conflict. Attorney Gillenwater has recommended the City fix the problem as it would cost less than litigation. Councilperson Wilder has a problem with this as she does not feel the City should be liable for a developer's problem. She would like the Council to pursue litigation. The approximate cost to fix this problem is $A~500, but it is not the only problem. She feels if this problem is paid for, the City will have to pay for ali the rest. She has no idea of the total cost. Many other complaints have been received. Mr. Naughton explained the neighbors fear the next rain as it may flood the yards and shut off the electricty. He does have a neighbor that relies on electricity for health reasons. There is a problem and they wish to have it fixed. The City has approved a wall to be put up that is forcing water into the subdivision. They fear the winter will be a bigger problem with the water freezing. He asks the City to fix or litigate. Councilperson Wilder explained the wall has worsened the situation and the drainage ditch that was on the plat has never been built. Attorney Gillenwater does not recommend litigation as litigation would cost more and he does not believe litigation would be successful on the part of the City. Part of ~he problem was caused by one of the citizen's boards. There was a ditch on the plat but no requirement to build it. When County Club Estates was built there was no requirment to address the drainage problems. These people are victims of a problem. Mistakes are made by citizen boards. There is no money in place to take care of the problem. Councilperson Frantz questioned if the City could collect on the developer's bond? Attorney Gillenwater feels it has been too long and the minutes of the meetings do not reflect requirement of a ditch. Building Commisisoner Gavin said if the drainage easement was on the plat, there should have been one. Attorney Gillenwater agrees there is a need for the easement but no requirement to build a drainage ditch. There has been extensive communication with the developers and no one wants to pay for it. Engineer Miller explained a drainage ditch will solve the problem, and PAGE 9 OCTOBER 19, 1994 explained Developer Walt Bales has done nothing to cause this problem. The developer of Elk Point is the one at fault. The developer has not put in handicap ramps. Street Commissioner Trembly explained the roads have not been accepted by the City. would like to request Attorney Hilt look agrees with Attorney Gillenwater he feels correct the situation. ditch put in as winter damage. Councilperson Council President Stemler at litigation and if he the City should pay to Councilperson Potter would like to have the is coming on and then try to recover the Williams agrees with Councilperson Potter, suggesting the other Councilpersons check the money left in other areas to see if it can be used. Councilperson Wilder will work with Engineer Miller on finding the money. Councilperson Wilson has requested a Market Street report from Engineer Miller. This witi be available at the next meeting. Councilperson Frantz said the tempesting contract is still being negotiated. Council President Stemler worked hard on this. Council President Stemler thanked Business and Government meeting. Mayor Parker informed theCouncil and Mayor Parker have all for attending the the City has received a safety award from awards the July 1993 department IPEP. Director Lakeman read the inscription which City for outstanding achievement in workplace safety from to July 1994. This award is won due to the work of the heads. Mayor Parker said the thanks have been given to the department heads and staff at the Board of Works and Safety meeting. Councilperson Frantz received a call questioning when Riverside Drive sewer project will be complete and paving done. Councilperson Wilder explained there was not enough money in the grant for repaying, only repairs. The cost of repaving will be about $200~000. Councilperson Frantz noted Habitat For Humanity is really moving in Clark County and she inquires if the City has any property to donate. Attorney Gillenwater suggests checking with the County to see what is available from the tax sale. He is not aware of any vacant property. He will check with Redevelopment Director Gowens. Councilperson Frantz is upset with Mr. Tanner~s comments as she feels the three Councilpersons on the Riverfront Lease committee have put in PAGE 10 OCTOBER 17, 1994 many hours and she appreciates the Council has received. Councilperson Wilson Friday~ October 28~ 1994 from the time they have put into the updates reminds all of Halloween 5:00 to 9:00 P.M. Santa will be December 2, 1994 from 6:00 to 7:30 P.M. Council President Stemler informed the Council picture is ready. The question now is where to thanked the Council for their patience on the Odgen Councllpersons Rotter and Wolpert for their help. Council workshop October 897 1994 at 8:00 A.M. Conference Room. Mr. favor of the the financial In The Park~ In the Park the Council put it. He also lease. He thanks There will be a in the Mayor's Harold Armstrong is glad to find the Council is in Inner City Road as there is a need. He does understand concerns. He believes there is a great deal of interest in developing the area and he has no doubt that T.I.F. will work. He suggests the project be done in increments. The landowners should be informed of the intentions and he also suggests the City settle with Mr. and Mrs. Prentice. This could be a good commercial area if you could get to it. Police Chief Elder said Police Officers were working in the Meadows when a resident offerred the use of his restroom and phone. He wishes to thank Charles White for this act of kindness. There being no further business to come before the Council, Councilperson Potter moved to adjourn at 9:45 o'clock P.M. seconded by Councilperson Williams and unanimously carried. ATTE,~T--~, CLERK-AND TREASURER C~C~RD SPENCER J