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HomeMy WebLinkAbout02-17-1990 ExcerptsEXCERPTS FROM COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA FEBRUARY 17~ 1990 The Common met in regular session in Building in Jeffersonville, at 9:30 o'clock A.M. The meeting was called Richard Spencer Jr. at the desk. Mayor Orem asked all allegiance to the flag. The roll was called Council of the City of Jeffersonville, Indiana the Council Chambers in the City-County Indiana, on the l?th day of February 1990 to order by Mayor Dale Orem with C. those present to stand and pledge Carter, Caldwell, Grooms, Harrod, Perkins, Absent: None. Other business followed. Councilperson Harrod asked for granted. Mayor Orem No. 90-0R-8~ An Following discussion~ and those present were: Councilmen Waiz~ and Williams. a short recess, which was reconvened the meeting by introducing Ordinance Additional Appropriation Ordinance ($85,000). Councilperson Perkins made the motion to suspend the rules for Ordinance NO. 90-0R-8, seconded by Councilperson Harrod and carried unanimously. Councilperson Perkins then made the motion to pass Ordinance NO. 90-0R-8 on all three readings~ seconded by Councilperson Waiz, passing with the following roll call vote: Ayes: Councilpersons Grooms, Perkins, Waiz~ Harrod, Caldwell, Carter and Williams. Nays: None. Other business followed. There being no further business to come before the Council Councilman Perkins made the motion to adjourn at tB:35 o'clock P.M.~ seconded by Councilperson Harrod and carried unanimously. DALE L. OREM, MAYOR ATTEST: ,EXCERPTS FROM COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE~ INDIANA FEBRUARY 17, 1990 The Common met in regular session in Building in Jeffersonville, at 9:30 o'clock A.M. The meeting was called Richard Spencer Jr. at the desk. Mayor Orem asked ali allegiance to the flag. Council of the City of Jeffersonville, Indiana the Council Chambers in the City-County Indiana, on the l?th day of February 1990 to order by Mayor Dale Orem with C. those present to stand and pledge zoning", and the legitimate concerns of the neighbors. Councilperson Perkin's opinion is, there is only so much that can be done with the land and it is too valuable to lay dormant, and feels Mr. Poore should be given the same consideration as has been given to out-of-town developers. Councilperson Harrod also feels the land, in it's self, limits the use. Councilperson Williams would feel more comfortable with a zoning variance. Councilperson Harrod asked Attorney Filer for his legal opinion of rezoning without the comprehensive plan. Attorney Filer stated this is a "gray area". The vote was then called for and recorded as follows: The roll was called and those present were: Councilmen Carter, Caldwell, Grooms, Harrod, Perkins, Waiz, and Williams. Absent: None. Other business followed. Councilperson Williams asked Attorney Fifer if Ordinance No. 90-0R-3, An Ordinance Rezoning Certain Property From R-R, Residential And A-I, Agricultural, (County) to B-S, Service Business was still "alive". Attorney Fifer noted the final date any action could be taken is February ~7, 1990. Councilperson Harrod, stating he wished the item to be finalized~ made the motion to pass Ordinance No. 90-0R-3 on the first and second readings, seconded by Councilperson Perkins and opened for discussion. Mr. Lloyd Poore, property owner, presented a drawing of the area noting that as of this meeting it is under water and would not be suitable for future land development. He then introduced Mr. Dick McGinnis who spoke in favor of the rezoning and on behalf of Mr. Poore. Mr. James Lang, Attorney for a group of local residents restated his previous opinions against the "spot PAGE 8 FEBRUARY 17, 1990 (EXCERPTS) Ayes: Councilpersons Perkins, Nays: Councilpersons Caldwell Abstain: Councilpersons Waiz and possible conflict of interest. zoning Harrod~ and Grooms. and Williams. Carter abstained stating a There followed a discussion of Attorney Filer and Attorney position on how many affirmative votes it takes to pass a ordinance. Attorney Fifer's position is it takes four affirmative votes to pass a zoning Ordinance. Councilperson Perkins feels, after discussion with three attorneys: the statute is vague and a final decision would have to be rendered by a court of law. Rezoning may be considered again with any change of circumstances. Councilperson Perkins made the motion to have Attorney Filer present in writing to the Board of Zoning Appeals that the Council desires that some sort of middle ground, such as a variance or use permit be granted, to allow Mr. Poore some use of his property with restrictions, seconded by Councilperson Harrod~ passing with a vote of 5-1-1. Councilperson Grooms voted in the negative and Councilperson Carter abstained. Councilperson Catdweli would like to send a message to both parties to talk. Building Commissioner Scales noted this subject has been filed for a variance at the Board of Zoning Appeals meeting scheduled for February 27, 1990. Other business followed. There being no further business to come before the Council Councilman Perkins made the motion to adjourn at 12:35 o'clock P.M., seconded by Councilperson Harrod and carried unanimously. DALE L. OREM, MAYOR ATTEST: C. Rf~HARD SPENC~JR-, ~RK AND TREASURER