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HomeMy WebLinkAbout08-02-99COUNCIL PROCEEDINGS OF THE COIVIMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA AUGUST 2, 1999 The Common Council of the City of Jeffersonv/lle met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana, at 7:00 P.M. on the 2nd day of August, 1999. The meeting was called to order by Mayor Thomas R. Galligan, with Deputy Clerk Barbara Hollis at the desk. Mayor Galligan welcomed all in attendance, asking all those present to stand as Councilperson Ellis gave the invocation. Mayor Galligan asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were Councilpersons John Perkins, Ron Ellis, Donna M. Frantz, Peggy Knight Wilder, Barbara Wilson, Andrew Williams III, and Vicki Conlin. Absent: None. Mayor Galligan presented the minutes of the meeting of July 19, 1999 for consideration by the Council. Councilperson Wilder made the motion to approve the minutes as presented, seconded by Councilperson Wilson and carried unanimously. Clerk Hollis presented the claim list for consideration by the Council, explaining additional claims. Following all discussion, Councilperson Perkins made the motion to approve the claims as presented as well as the one additional referring the claim for the grant match to a workshop, seconded by Council President Conlin, passing unanimously. Mr. Claude Fulkerson approached the Council regarding the petition to vacate alley on the agenda. Mr. Fulkerson questions whether this vacation would be in the public interest or private interest. The neighbors he has talked to are opposed. Mayor Galligan explained the petition was passed at the Board of Works. Mr. Fulkerson claims the signatures on the petition were obtained under false pretenses. There is some concern for fire protection as the houses are close together. Council President Conlin stated she had grown up in the neighborhood and feels there would be no room for garbage trucks. She is not in favor of closing the alley. Mr. Jack Wittinghill explained the owners of the property are not in favor of closing the alley: Some Who signed the petition are renters. August 2, 1999 Page 2 of 7 Mr. Paige Gabhart, Attorney representing Mr. Tim Bowley, petitioner, reviewed the history of the previous owners saying the whole alley is on Mr. Bowley's property. Attorney Gabhart said garbage may be picked up in the front of the homes. Mr. Gabhart presented pictures of the property to the Council, saying there is no intention for a garage, only a driveway which would not impede fire tracks. Following all discussion, Councilperson Perkins made the motion to deny the Petition To Vacate A Public Way In The City Of Jeffersonville, seconded by Council President Conlin, passing unanimously. City Engineer Bob Miller told the Council he has received three quotes for the installation of a traffic signal at Allison Lane and Meadowlark. The lowest quote is from Metzger Electric at $58,900. Councilperson Ellis made the motion to pass Ordinance No. 99-OR-36, An Ordinance Of Additional Appropriation (City Engineer) on the third and final reading in the amount of $59,000, stipulating the work be done by Metzger Electric, seconded by Councilperson Frantz, passing unanimously. Mayor Galligan introduced Ordinance No. 99-OR-41, An Ordinance To Establish The Quartermaster Depot As A Conservation District for consideration at the meeting. Mr. David Nachand, Attorney representing the owners of the Quartermaster Depot (Quadrangle) said the decision made two years ago by the Council not to put the Quadrangle in a conservation district was a wise decision. To change this now would be unfair to the owners. There would be no effect for improvement if it Were put in a conservation district. The current owners have a mortgage not faced by the previous owner. Those that invest millions want to be in control. Attorney Nachand feels it is not fair to take a different position than that taken two years ago. Mayor Galligan asked if Attorney Nachand remembers the comments made two years ago that the infrastructure could not handle more traffic. Therefore there would be restrictions and the game would not be changed. Attorney Nachand understands the need to work with the City. Councilperson Wilder commented the vote two years ago was for a historic district and this vote is for a conservation district. Attorney Nachand said a conservation district is the initial stage of a historic district. Following discussion of historic versus conservation, Attorney Nachand said the effect on the owners would be adverse if the property was in a historic district or a conservation district. Either would "throw cold water" on the sale of the comer and front of the property. Councilperson Wilder doesn't feel the owners thought August 2, 1999 Page 3 of 7 they would tear down the buildings. She doesn't want to hamper a sale or hamper the owners making money. She voted against passage previously as she felt a true effort would be made and nothing has been done in two years. Attorney Nachand reviewed the efforts made with notices sent to many that do preservation projects. Councilperson Frantz questioned the environmental progress. Attorney Nachand reviewed the progress saying the project should be finished by the end of the year. Attorney Nachand explained there is no existing asbestos problem. Attorney Nachand said it is a bad message to send by denying the district and then change it two years later. This can make investors and banks "gun shy". Councilperson Ellis said the plans shown two year ago had an effect on the vote and nothing has been done in two years. Council President Conlin said the meeting last Friday with the owners, attorneys, three councilpersons and the Mayor was interesting and all agreed to work together. Councilperson Frantz said the environmental part scares her and she would like to see the documents on the clean up. Council President Conlin has called the Indiana Department of Environmental Management office and was told the information if confidential. Attorney Nachand explained the stages of the clean up contract. Attorney Nachand said his clients are not in a position of seeing a $450,000 purchase go down the tube. He does not want a legal situation as all will lose. Attorney Nachand did not know this subject was on the agenda tonight until late this afternoon. He thought all were working together. He asks the ordinance be tabled. Mr. Mike Maschmeyer, Attorney representing the owners sated he also is surprised to be here as he thought all were conunuing to work together. His clients have taken steps to learn more about historic credits. He feels all can be winners~ his clients want te be treated like others. They are willing to work with the City, but not if they have this ordinance "shoved down their throats". The owners did spend $180,000 in maintenance last year. This will take time to renovate and preserve. All will be better offiflitigation is avoided. An example of this is the Riverfront, as if this is passed the quadran~e veil[ be in the same position as the Riverfront was. He is here to work with the City. He went to the meeting to receive information. Mayor Galligan said all received information and options were discussed. There has been an active exchange of ideas. A line is not being drawn with this. He realizes the need to be economically viable. Attorney Maschmeyer asks "let us work together without the Ordinance". Mr. Fred Bremer, Chairman of the Historic Preservation District Board, said he attended the August 2, 1999 Page 4 of 7 meeting last Friday and felt it was positive. The declaration of a conservation district does not eliminate profit for the owners. He noted the come back of Spring Street which is a preservation district. He wants to see history preserved through adoptive preservation. There are many possibilities to make it work. Ms. Laura Lindley presented a copy of the front page of the Evening News dated Marcy 17, 1971 showing the Howard Steamboat Museum that had been gutted by fire. This building has been saved. Ms. Laura Dreistadt, Field Coordinator, Historic Landmarks Foundation of Indiana had pictures of the Showers project in Bloomington, Indiana saying if this can be brought back, the Quartermaster can be also. She stated a conservation district can be the initial stage to a historic district, but does not have to be. Historic Landmarks Foundation of Indiana is willing to work with the owners. Mr. Mike Hut suggests the Council pass the ordinance on two readings and set a deadline for the final reading. Mr. Bremer said the property is currently under restrictions as long as the ordinance is under consideration. Mr. Charles Ruck feels it is "unfair" to the citizens to lose this historic building. He believes the owners bought the property with their "eyes wide open" as when it was listed for sale it was published for preservation. Attomey Nachand produced a copy of the agenda from 1997 which noted the consideration was for a conservation district. Councilperson Perkins said government agencies do change their minds from time to time, reviewing some famous decisions. There is no difference if this Council, or another Council, reconsider a decision. It is unfair to prolong this decision. Mayor Galligan called for a recess at 8:40 P.M. Mayor Galligan reconvened the meeting at 9:00 P.m. Councilperson Perkins made the motion to pass Ordinance No. 99-OR-41, An Ordinance To Establish The Quartermaster Depot As A Conservation District on the first and second readings, seconded by Counc~person Wilson, passing on a vote of 6-1. Councilperson Williams voted nay. August 2, 1999 Page 5 of 7 Mayor Galligan said Ordinance No. 99-OR-41 will be back on the agenda for the August 16, 1999 meeting. Ordinance No. 99-OR-44, An Ordinance Approving Guaranteed Energy Savings Performance Contract With Energy Systems Group LLC was presented for consideration. Mr. Doug Tischbein a representative of Energy Systems Group, reviewed House Bill 351 for the Council, asking for passage. Mr. Tischbein explained the program and answered questions. Council President Conlin said she attended a workshop and feels this can be done. Council President Conlin then made the motion to suspend the rules for Ordinance No. 99-OR-44, seconded by Councilperson Frantz, passing unanimously. Mayor Galligan reviewed the capital offsets, saying this is a performance contract. Deputy Mayor McCauley said the net effect on the budget for 2000 wilt be $27,000. Councilperson Wilder then made the motion to pass Ordinance No. 99-OR-44 on all three readings, seconded by Council President Conlin, passing on a vote of 6-1. Councilperson Ellis voted nay. Ms. Jana Ecker, Director of Planning and Zoning, presented and explained the need for passage of Ordinance No. 99-OR-45, An Ordinance Amending The Jeffersonville Zoning Code RE: Telecommunications Towers. She asks this be passed on the first reading as it is in draft form at this time. Ms. Regina Murray, Zoning Manager, Whalen & Company, Inc., pointed out requested changes in areas of the Ordinance. Following all discussion, Councilperson Perkins made the motion to pass Ordinance No. 99-OR-45 on the first reading, seconded by Councilperson Ellis, passing unanimously. Councilperson Perkins then made the motion to pass Resolution No. 99~R-25 Resolution Referring Proposal To Amend Zoning Ordinance, seconded by Councilperson Ellis passing unanimously. Ordinance No. 99-OR-46, Ordinance Approving An Agreement For Professional Services was presented for discussion Ms. Laura Dreistadt, Field Coordinator, Historic Landmarks Foundatio~ of Indiana spoke in support of the ordinance and answered questions. At the conclusion of all discussion, Councilperson Ellis made the motion to suspend the rules for Ordinance No. 99-OR-46, seconded by Council President Conlin, passing unanimously. Councilperson Ellis then made the motion to pass Ordinance No. 99-OR-46 on all three readings, seconded by Councilperson Perkins passing unanimously. Mr. Phil McCauley, Executive Director, Department of Redevelopment presented the Tax August 2, 1999 Page 6 of 7 Abatement Annual Report, reviewing and explaining the report. Councitperson Ellis requests future reports include the number of Jeffersonville residents employed as a result of companies receiving tax abatements. Director McCauley explained the need for passage of Ordinance No. 99-OR~47, An Ordinance Amending Certain Portions Of Section 1 Of Ordinance No. 98-OR-47 (Department of Redevelopment). Councilperson Frantz made the motion to suspend the rules for Ordinance No. 99- OR-47, seconded by Councilperson Williams, passing unanimously. Councilperson Frantz then made the motion to pass Ordinance No. 9%OR-47 on all three readings, seconded by Councilpers0n Williams, passing unanimously. Ordinance No. 99-OR-48, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Located At 1203 East Court Avenue was presented for consideration. Mr. Marshall Witten spoke in regard to passage. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 99-OR-48, seconded by Council President Conlin passing unanimously. Councilperson Perkins made the motion to pass Ordinance No. 99-OR-48 on all three readings, seconded by Council President Conlin, passing unanimously. Council President Conlin informed the Council the salasy ordinance must be passed by August 19, 1999. Councilperson Perkins made the motion to pass Ordinance No. 99-OR-49, An Ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of Jeffersonville, Indiana For The Year 2000, seconded by Council President Conlin. There will be an executive session at 5:30 P.M. on Monday, August 9, 1999 followed by a workshop to discuss salaries at 6:00 PiM. in the Mayor's Conference Room. Budget workshops will be held at 5:30 P.M. on August 23, 24, 25 and 26, 1999. Council President Coniin withdrew her second to pass Ordinance No. 99-OR-49 and Councilperson Perkins withdrew his motion. Mayor Galligan informed the Council the City has received a grant for comprehensive planning. One of the main issues will be quality ofllfe. August 2, 1999 Page 7 of 7 There being no further business to come before the Council, Councilperson Ellis made the motion to adjourn at 10:10 P.M., seconded by Councilperson Perkins, passing unanimously. ATTEST: cLEi~ AND TREAS~,.ER C~CI-I~RD SPENCER JR.