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