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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.