HomeMy WebLinkAbout10-19-1991COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
OCTOBER 19, 1991
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 A.M. on the 19th day of October~
1991.
Carter,
Reverend
The meeting was called to order by Council President Jimmy
with Clerk and Treasurer C. Richard Spencer Jr. at the desk.
Council President Carter asked all those present to stand as
Conrad Moorer of Northside Church of Christ gave the
invocation. He than asked all
of allegiance to the flag.
The roll was called
Jimmy Carter, Marie Clapp~ Ron
and Robert Waiz.
Absent:
Council
those present to join him in the pledge
Grooms, John Perkins~
and those present were Councilpersons
Andrew Williams,
Councilperson Tony Harrod.
President Carter presented the
minutes of the
meeting of October ?~ 1991 for consideration by the Council.
Councilperson Clapp made the motion to approve the minutes as
presented, seconded by Councilperson Waiz and carried unanimously.
Clerk and Treasurer Spencer presented the claim register for
consideration by the Council. Councilperson Grooms reported what he
had found regarding the claim to Cecil Jones. Following all
discussion Councilperson Grooms made the motion to approve the claims
as presented as well as the claim to Cecil Jones, seconded by
Councilperson Clapp and carried unanimously.
Council President Carter introduced Mr.
representing Mr. Dick Clark, Manager of bigg's Foods
Mr. Randolph explained the 78~000 square foot food
Clarksville, December B~ 1991, and will employ 250
explained the company's position as it relates to
Councilpersons Waiz
Jeffersonville.
Doug Randolph~
of Clarkville.
store will open in
to 300 people. He
the union pickets.
and Carter questioned Mr. Randolph on locating in
PAGE 2
OCTOBER 19~ 1991
Councilperson Grooms introduced Mr. Dan Shotwell, Attorney
for Hughes Group who spoke to the Council regarding recent rumors
regarding the Riverfront project.
approved by the Corps of Engineers
for alternatives within the permit.
He did explain the project as
is "dead"~ however they are looking
The Corps of Engineers permit is
transferable and there would be a fee
not involved. The
as zoning has not
Shotwell what the
project. Mr.
hopes to be back
that within 30
approval by the
will always remain open to
questioned the lateness of the
for this if the Hughes Group
180 days, as written in the lease~ have not started
yet been approved. Councilperson Waiz asked Mr.
chances are the Hughes Group will continue the
Shotwell explained that before the end of the year he
to the Council wlth an answer. Attorney Filer feels
days a plan will be submitted asking for
first of the year. Mr. Shotwell explained
the public. Councilperson
lease payment.
Council
the area
Perkins
Mr. Shotwell believes
the payment was made within the lease extension deadline.
Councilperson Grooms made the motion to remove
Resolution No. 91-R-30~ A Resolution Adopting Official
from table
City Street
And Road Improvement Program, stating he believes sufficient time has
been given, seconded by Councilperson Williams. Councilperson Perkins
stated he has a problem endorsing the portion involving the Inner-City
Road Project when the City streets are in the shape they are in.
Councilperson Grooms feels there is a need to have a plan and that is
what this is. Council President Carter also has a problem with the
Inner-City Road portion of this. Councilperson Waiz feels the
Inner-City Road should not be considered until 1-265 is complete to
Highway 62. Councilperson Grooms states this is a document to provide
estimated costs, plans~ etc., and does not place the Council under
obligation. When questioned Attorney Filer stated the plan does not
require adoption by this Council. The vote to remove from table was
then taken with it passing on a vote of 4-8, with Councilpersons
Perkins and Carter voting negative. Councilperson Grooms then made
the motion to pass Resolution No. 91-R-30 as submitted~ seconded by
Councilperson Williams failing on a vote of 3-3 with Councilpersons
Perkins, Waiz~ and Carter voting nay.
PAGE 3
OCTOBER 19, 1991
Council President Carter introduced Ordinance No. 91-0R-53~
An Ordinance Designating Certain Specific Geographic Territories As
"Economic Development Target Areas" Within The City Of Jeffersonville~
Indiana (Downtown) for the third reading. Councilperson Perkins made
the motion to pass Ordinance No. 91-0R-53 on the third and final
reading, seconded by Councilperson Waiz and carried unanimously.
Council President Carter
A Resolution Designating
Jeffersonville~ Indiana~
Councilperson Perkins made
seconded
introduced Resolution No. 91-R-31,
Certain Areas With The City Of
As "Economic Revitalization Areas".
the motion to pass Resolution No. 91-R-31,
by Councilperson Grooms and carried unanimously.
Council President Carter introduced Ordinance No.
91-0R-54~
An Ordinance Designating Certain Specific Geographic Territories As
"Economic Development Target Areas" Within The City Of Jeffersonville,
Indiana (Youngstown)~ for the third and final reading. Councilperson
Clapp made the motion to pass Ordinance No. 91-0R-54 on the third
reading, seconded by Councilperson Williams and carried unanimously.
Council President Carter introduced Resolution No.
A Resolution Designating Certain Areas
Jeffersonville, Indiana~ As Economic
Councilperson Clapp made the motion to pass
With The
Revitalization
Resolution No.
91-R-32~
City Of
Areas".
91-R-38~
seconded by Cuoncilperson Waiz and carried unanimously.
Councilperson Grooms made the motion to call for a recess at
10:45 o'clock A.M.
The meeting resumed at 10:55 o'clock A.M.
Councilperson Grooms introduced and made the motion to pass
on the first and second reading Ordinance No. 91-0R-57~ An Ordinance
Regulating Sale Of Privately Owned Motor Vehicles On Residentally
Owned Property In The City Of Jeffersonville And Also Storage Of
Modified Motor Vehicles And The Repair And Maintenance Thereof~
seconded by Councilperson Waiz. Suggestions for changes to be made
before final passing were discussed. Councilperson Perkins commended
Councilperson Grooms for his work on this~ saying this Ordinance is
long overdue. Councilperson Waiz agrees with this.
PAGE 4
OCTOBER 19~ 1991
Councilperson Grooms introduced Mr. Forrest D. Fleming who
presented the Council with a letter requesting changes in Ordinance
No. 89-0R-68, An Ordinance Restricting The Right To Keep, Own, Or
Trade In Certain Species Of Animals. He
passing the Ordinance and supports the
Wheatley agrees with Mr. Fleming~ however
the door to further changes and requests
applauded the
intent. Shelter
she does not want
that care be taken
Council for
Manager
to open
in the
wording of the changes. Councilperson Perkins would like to have
input from those that helped draft the Ordinance. Manager Wheatley
will set up a meeting with Councilpersons Grooms~ and Perkins~ Mr.
Fleming, and those that helped draft Ordinance No. 89-0R-68.
Ordinance No. 91-0R-58~ An Ordinance Transferring Certain
Funds Within The Same Department was introduced and reviewed.
Following all discussion, Councilperson Perkins made the motion to
suspend the rules for Ordinance No. 91-0R-58~ seconded by
Councilperson Grooms and carried unanimously. Councilperson Perkins
then made the motion to pass Ordinance No. 91-0R-58 on all three
readings,
following roll
Ayes:
and Perkins.
Nays:
This
seconded by Councilperson
call vote:
Councilpersons Grooms~
Williams~ passing with the
Carter, Williams, Clapp~ Waiz,
None.
meeting was declared a hearing for
91-0R-59~ An Ordinance Of Additional Appropriation.
Perkins made the motion to pass Ordinance No. 91-0R-59
reading only, seconded by Councilperson Williams~
following roll call vote:
Ayes: Councilpersons Perkins~ Waiz, Clapp,
and Grooms.
Nays: None.
The public was informed this will
the meeting scheduled for November 4~ 1991.
November
Ordinance No.
Councilperson
on the first
passing with the
Williams, Carter,
be further considered at
Councilperson Clapp requests the meeting scheduled for
16, 1991~ be rescheduled for November 23, 1991. All agreed
to this change.
PAGE 5
OCTOBER 19, 1991
given to
informed
house for
the Top
opening.
Councilperson Clapp then asked that her remaining time be
Ms. Holly Johnson, Main Street Director. Director Johnson
the Council of the Halloween Candy Walk, a business open
and new business at 849 Spring, and the sign approval for
Hat. She also explained there may be an antiques mall
Councilperson Waiz opened discussion regarding
and the fact that he feels Deputy Suzy Nevitt is
Hospitalization,
working beyond her
funds other than
feels Agent Of Record
Perkins raised the
administrator. Clerk
Cooper needs to
question of
and Treasurer
needs and should be supplemented financially with
City funds. Council President Carter agrees and
be more involved. Councilperson
the need for a third party
Spencer said Deputy Suzy Nevitt
has done a tremendous ]ob, explaining she has taken it upon herself to
become knowelagable in order to be of help to the employees. Other
deputies in his office have helped so that Suzy can take the time.
Counciiperson Grooms also praised Suzy, adding Claire Beasley can be
reached at 580-5030, and has been helpful to him. Changes in the
system will be considered before contract renewal time.
Councilperson Grooms asked that he be permitted to respond
to statements made in the Evening News on Wednesday, October 16~ 1991
regarding money received by Hanger's Pharmacy and unpublished bids and
contracts. He explained he does not have a contract with the City or
the County, giving the history of his association with the County
since 1982. He is on call to the County Jail 24 hours a day, ? days a
week, and his net profit from the jail is approximately $500 a year.
The Council did not act, and there were no bids concerning the City
Humana prescription card.
Councilperson Perkins has had conversation with Clarksville
Town Board President Dickman regarding the County Commissioner's
Districts. The Commissioners are ali at-large and they both feel the
Cities and Towns are grossly under represented. He would like the
Council to adopt a Resolution asking for single-member districts. He
proposes 2 urban and 1' outlying districts. Councilperson Grooms
stated he agrees 100%. Councilperson Perkins made the motion to have
Attorney Filer draft a letter requesting the changes, seconded by
Councilperson Waiz and carried unanimously.
PAGE 6
OCTOBER 19, 1991
Councilperson Perkins inquired if Attorney Filer was aware
of Indiana Code 36-4-9-11 subsections b and c regarding the
eligibility of the Administrator of the Department of Law~ reviewing
the contents of this code. Attorney Filer is familiar with this as it
states the Administrator must be a resident of the County to be
appointed. He stated he was a resident of Clark County at the time of
his appointment, however he now
Filer further stated he has been
the City and the State Board Of
they have a problem.
Councilperson Perkins
resides in Floyd County.
loyal and faithful to
Accounts should act
Attorney
the Mayor and
accordingly if
then read portions
of correspondence
which he feels gives the appearance there may be serious financial
problems in the construction of the new Wastewater Treatment Plant.
As he only has copies of those letters sent to the City in response~
he asks that copies of any letters from the City after January 1991
regarding
would like
grant and
this subject be made available
to know if excessive engineering
if excess money is needed due to
to the Council. He also
fees were cut out of the
the fact the affluent will
be diverted through Clarksville. He believes there may be an overrun
in excess of SB~OOO~O00. Councilperson Perkins also feels that if the
right grants had been applied for at the right time~ a bigger percent
of grant money could have been received. Attorney Filer explained
this was not true for the entire plant, however certain technologies
were eligible for additional grant money. Councilperson Perkins
called attention to a letter from IDEM dated August 18 regarding grant
amendments and construction grant overruns. This leads him to believe
the City is looking at spending a lot more money. Attorney Filer
stated the bid was within 5~ of the engineers estimate, and
is only fighting for any and all additional funding. He
stated the plant is not in any serious jeopardy. ~Furthermore
has never applied for funds from the State Revolving Fund.
to assure the Council the project is not underfunded.
Council President Carter inquired if the
credits have been set up as yet. Utility Director
these should start with this weeks billing.
the City
further
the City
He wishes
sewer billing
Tolliver stated
PAGE ?
OCTOBER 19~ 1991
There being no further business to come before the Council,
Councilpersoo Perkins moved to adjourn at 12:30 o'clock P.M. seconded
by Councilperson Williams and unanimously carried.
ATTESTS:
CLERK AND ~REASU~R C. F~HARD SPENCER JR.
Councilman Ronatd T. Grooms
3114 Georgian Way
Jeffersonville, In 47130
Dear Councilman Grooms;
Forrest D. Flemln~
2708 Crums Ln.
Jeffersonville, in
47130
Sept. 30, 1991
Regarding our conversation of September 29, 1991, I am writing
you concerning City Ordinance 89OR68, the exotic pet ordinance.
While .I believe the intent of the orinance is commendable, I also
believe that the scope is too broad. ! therefore recommend and
urge the Council to amend Ordinance 89OR68 by adding the following
changes. These changes, I believe, wild'retain the intent of the
ordinance while making it more reasonalbe.
These changes are:
Section /,paragraph 1
insert the words "endangered species
Thank you for your
of" before
the word "tortoises". delete the comma after the
word "tortoises" and add the~word "and" between:
"tortoises" and "tarplns" so as tO read
"endangered species of tortoises and tarpins."
Section 1, paragr.aph--4- .
at the end of this paragraph, add the followlgg
exemptions: "Also exempt are non-endangered
species of reptiles, spiders, and other animals
COMMONLY found in surrounding hrea pet shops and
commonly kept as pets."
time and concern.