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HomeMy WebLinkAbout05-18-1992COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE~ INDIANA MAY 18~ 1992 The Common Council of the City of Jeffersonville met in regular session in Council Chambers in the City-County Building, Jeffersonville~ Indiana, at 3:30 P.M. on thee 18th day of May, 1992. 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 ali those present to stand as Councilperson Steven Stemler gade the invocation. He then asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those Present were Councilpersons Bill Wolpert, Andrew Williams III: Donna M. Frantz~ Peggy Knight Wilder, L. Marie Clapp, Robert L. Potter: and Steven R. Stemler. Absent: None. ~ Mayor Parker presented the minutqs of the meeting of May ~ 1992 for consideration by the Council. COUncilperson Potter made the motion to approve the minutes as presented, seconded by Councilperson Clapp~ and carried unanimously. Clerk and Treasurer Spencer presented the claim list for consideration by the Council. Following all discussion~ Councilperson Clapp made the motion to approve the claims as presented~ seconded by Councilperson Wolpert, and carried unanimoosly. Mayor Parker introduced Mr. B~ll Shrewsberry, Executive Assistant to Govenor Evan Bayh~ as a distinguished guest. Mr. Shrewsberry is a former member and past President of the Council. Mr. Shrewsberry said it does his heart good to see how the Council Chambers have been organized. He has been keeping up with Jeffersonville through the Evening News~ and he congratulates the Council on their efforts in these tough times. He is in the City for "Capital For A Day" and invites all to attend the closing ceremony at 4:30 P.M. Tuesday~ May 19, 1992. Mayor Parker introduced AttorBey regarding the two mile fringe jusisdiction. has been in contact with Mr. Mike Forsee to speak Mr. Forsee explained he David Nachand:who is the Attorney for the PAGE 2 MAY 18, 1992 County Plan Commission. In the early 80's, the Legislature allowed for a municipality to exercise zoning jurisdiction within a two mile fringe area. This would allow a City to control growth and make zoning and variance decisions. The questio? is who will enforce this? The County feels if the City wants this control they should have it all. The City can start the procedure to control by recording a map indicating the area. On May 4, 1989 Jeffersonville filed an intention. The only map ever recorded inFluded an area from Utica Pike to the River. A comprehensive plan has been prepared and adopted by the City. On December 17~ 1991~ the Jeffereonville Plan Commission voted to exercise the two-mile fringe jurisdiction. Following the filing of a map both the County Commissioners and the City will have to amend the zoning Ordinance. If this is exercised, the burden of the Building Commission Office will be increased. Mr. Forsee is not asking for action tonight~ his only intention is to inform the Council of the status. Building Commissioner Gavin feels if action is taken his office will need an additional enforcement officer~ an additional person in the office~ the computer may need to be updated, a vehicle, two m. dditional zoning board members~ additional maps~ and radios. Attorney Forsee stated an alternative woul~ be to annex the areas the City is concerned about controlling~ as he feels the County will require "all or nothing". Also: the County and the City could work toward getting compatible. There is noltime frame required. Mr. Jimmy Carter stated the City previously spent $50~000 to $60~000 on the comprehensive plan and he feels it best to help control growth in the area of the IB65 extension. He feele~the City has great building codes and perhaps the permit fees will offset the expenses. He urges the Council to ask the 2oning Board to impose the two-mile fringe jurisdiction. Attorney Forsee stated a formal Resolution including a legal description has been adopted by' the Plan Commission. A communication system for the expanded area was discueeed. Building Commissioner Gavin will look into the revenue and expenditures for the area in question and look at the County records for the last year in PAGE 3 MAY 18, 1992 Councilperson Clapp introduced O~dinance No. 92-0R-33~ An Ordinance Transferring Certain Funds Within Same Department (City Engineer). Councilperson Clapp made the motion to suspend the rules for Ordinance No. 98-0R-33~ seconded by Council President Williams and carried unanimously. Councilperson Clapp then made the motion to pass Ordinance No 92-0R-33 on all 'three readings~ seconded by Councilperson Wilder, passing on the following roll call vote: Ayes: Councilpersons Wolpert, Williams~ Frantz, Wilder, Clapp, Potter, and Stemler. Nays: None. Councilperson Clapp then introduced Ordinance No. 98-0R-34~ Ayes: Clapp~ Stemler, Nays: Counci Ipersons and Potter. Councilperson Potter gave an update of the three public Ordinance System)~ announcing this as a public hea~ing. Following discussions Councilperson Wilder made the motion 9o suspend the rules for Ordinance No. 92-0R-35, seconded by Councilperson Frantz and carried unanimously. Counciiperson Wilder then made the motion to pass Ordinance No. 92-0R-35 on ali three readings, seconded by Councilperson-Frantz, passing on the following roll caii vote: Wolpert, Williams, Frantz, Wilder, hearings regarding the Riverfront. The three hearings held on different nights in different areasI of the community grew progressively better. The committee met~with the Mayor on May 127 stemler~ Clapp~ Wilder~ Frantz, Nays: None. Councilperson Wilder introduced of Additional Appropriation ~Ordinance No. 9~-0R-35, An (Rolice Department Telephone following roil call vote: Ayes: Councilpersons Potter~ Williams, and Wolpert. An Ordinance Transferring Certain Funds Wilthin Same Department (City Court Adult Probation User Fund). Councilperson Clapp made the motion to suspend the rules for Ordinance No. 9R-OR-3~, seconded by Councilperson Frantz and carried unanimolusly. Councilperson Clapp then made the motion to pass Ordinance No. 98-0R-34 on all three readings, seconded by Councilperson Stemler~ passing with the PAGE 5 MAY 18~ 1992 electricity and only received a one year lease. Mayor Parker thanked Councilperson Potter and the committees saying this is our call and for our benefit. Councilperson Wilder introduced Mr. Jerry Simpson~ representative of the Little League Board.I Mr. Simpson gave a brief history of the merging of the two leagues saying there is one league Board and two charters and reviewing the many advantages of one park. He reviewed the improvements that have been made and those that are needed. There is a need for lights, an expanded concession stand, restrooms~ batting cages~ public address system, and others. There is a need for financial help and they are contacting businesses and having fund raisers and they will be lucky to break even this year. As the Ewing Lane field is not being used the lights could be moved and he would like to know what the feeling is on this and if the City could help in some way as the lights are t~e first priority. The bank has been approached for a loan, however~ the League has no assets. Councilperson Clapp will set up a meeting with Park Superintendent Caldwell~ the Park Board~ and Mr. Simpson. Mayor Parker explained the "Capital For A Day" program and asked that all that can participate. He feels honored to have Jeffersonville, Clarksville, and New Albany picked to participate. This does make two Governors in two weeks to visit Jeffersonville; Governor Clinton and Governor Bayh. The concern closest to his heart is the Wastewater Treatment Plant and helwill have a meeting in the morning to plead his case for additional grant funding. Mayor Parker explained at the Board Of Public Works meeting six Police Officers received the Medal of Valor. These include Patrolman Brian Cleveland~ Lt. Detective Charles Thompson, Patrolman Donnie Grimes, Patrolman Bruce Wilkerson, Patrolman Garry Pavey~ and Lt. Gary Woods. Patrolman Grimes received his Medal for carrying man from a burning building, and the others were recognized for hostage situation. He further noted Fi~efighter Sneed received similar- award a week ago. Mayor Parker emphasized Jeffersonville has good people. PAGE 6 MAY 18~ 1992 Councilperson Wilder explained the situation with the Fire Department additional appropriation request and appeal~ She asks the Council to approve the advertising for an additional appropriation at this meeting. Council President Williams is concerned consistent with the decision to not act w~en the proper not been presented. Councilperson Potter asked if agreed to hire two firefighters. Mayor Parker would like to hire as soon as funding is in Wilder made the motion to pass Resolution No. Authorizing Advertising An Additional Appropriation Hearing (Fire Department Salaries), seconded by Councilperson Wolpert. Firefighters Union Representative Phil Lovan has met with Fire Chief Dooley and an agreement has been reached to work for time rather than overtime pay. They are trying to work with the situation, however July is to late to hire additional men and June 17 is the target. Clerk and Treasurer Spencer explained the money to hire June 1 is not available. Stemler is oppossed to this only because it is not written form, At the conclusion of all discussion the Resolutin No. 98-R-17 passed on the following roll Councilperson before him in motion to pass call vote: the Council be paperwork has the Mayor has explained yes and he place. Councilperson 92-R-17~ A Resolution suggest this be checked. back. Councilperson Councilperson Frantz will do this and report Frantz has concerns regarding Ordinance No. 92-OR-3B, An Ordinance Authorizing The City Of Jeffersonville General Fund To Borrow Funds From The City Of Jeffersonville Sewge Fund. She would like to rescind this Ordinance in order to protect the Council. She then quoted a paragraph in the Sewage Bond Ordinance which states no money cam be transferred. She further ~eels there may be penalties Ayes: Councilpersons Potter, Wil!iams~ Frantz, Wilder, Clapp~ and Wolpert. Nays: Councilperson Stemler. Councilperson Frantz has received a letter from Stites and Harbison regarding the situation at Liter's Quarry. She feels the Quarry has done their part and asks if the Council feels it necessary to pass the fence Ordinance. Attorney Gillenwater does not feel the City is at a liability risk and feels the concerns of the Council have been addressed if all that is in the letter has been done. He does PAGE 4 MAY 18, 1992 1998, the foot the urgent need for a retaining wall. Recommendations for sidewalks (perhaps brick)~ and gas lights were also noted. meeting scheduled the Hughes Group Works and Safety and all members gave their opinions. The committee was in recommending negotiations for a floating restaurant at of Spring Street. There were reservations on the terms of lease. Limited commercial use was recommended with the emphasis green family type areas for fishing and picnics. There is an restrooms~ There is a for the next week with t~e City Attorney~ Mayor~ and to negotiate a lease. Although the Board of Public is the body to approve all contracts~ Mayor Parker infomed the Council he will ask for the consensus of the Council on the lease. There are concerns for the length of time for a lease, the requirements to get to the $~5~©0@ lease payment, and the amount of frontage. Parking will be allowed only in the area that is currently gravel. Council President Williams is concerned a private business is drafting a contract with the City. He would like to see the City draft the contract to suit the City. Attorney Gillenwater reported he had taken a basic skelton of a contract,and filled in the blanks. Council President Williams does not feel the foot of Spring should be the area for the floating restaurant as he would rather envision park-like green areas versus parking. Councilperson Potter explained the proposed parking area is not green at this time and the parking would be for the public, not just the restaurant. Council President Williams also feels the requested 400 feet of frontage is far in excess. Councilperson Frantz questions if the percentage of revenue provided for in the lease is for all other income. Attorney Gillenwater stated this would have to ~e included in the lease. Councilperson Potter would like to see terms of adjustment to provide for the possibility of Riverboat gambling~ He further stated he does not feel there is immediate pressure for the lease as the boat in question will not be ready until late July. Mr. Jimmy Carter feels a year to year lease would be appropriate and would like to see the lease the Star of Louisville has with Louisville as he feels this is for only one year. Attorney Gillenwater feels there is a need for a lease for more than one year if they are putting up the money for the underground utilities. Mr. Carter stated he invested $5,000 for PAGE ? MAY 18 1998 if any grant money is involved. Attorney Gillenwater has not reviewed this Ordinance but stated it depends on the meaning of ~tranferred" It is his opinion if money was used to purchase equipment it would be a problem~ but if for a temporary loan and it is put back he feels there is no jeopardy. He further states he truets Clerk and Treasurer Spencer~s knowledge in this area. This is customarily done in municipilaties. Not meeting a payroll would be worse on the credit rating than a temporary loan. Councilperson Potter related the City as to receiving two paychecks a year~ and further commended Clerk and Treasurer Spencer has been a "Houdini'~ at times to meet payrolls. Clerk and Treasurer Spencer stated this has not been a problem in the past with State Board Of Accounts Audits. ~ He feels the only problem may be with the bond holders. He is merely looking for a simple solution~ if it becomes necessary. His only concern is to meet payrolls at the lowest cost. If the loan is necessary it would be paid back within 30 days. Clerk and Treasurer Spencer's concern is to do the best for the Council and the City taxpayers. If this is rescinded he asks the Council give him direction. Councilperson Clapp does not feel it necessary to President Williams asked if tax informed they had been. Council rescind this Ordinance. Council advances had been received, and was President Williams has concerns for additional appropriations if the City is in the financial shape it is in. The previous Council budgeted for 1992 with 1991 figures and emphasizes to this Council that the last ~hing that needs to be done is to go into 1993 with the 1991 budget, iThis Council will have many tough decisions to make at budget time. Councilperson Wilder defended the request for an additional appropriation (Fire Department) as a savings for the City as she has previously voted against additional funding. Council President Williams said he was making an overall budget comment and was not referring to Councilperson Wilder personally. Councilperson Frantz stated again she is very oppossed to using the sewer money in this manner and asked that this be recorded in the minutes. PAGE 8 MAY 18, 1992 There being no further business to come before the Council, Councilperson Potter moved to adjourn mt 9:AO o'clock P.M. seconded by Councilperson Wolpert and unanimously carried. ATTEST: