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HomeMy WebLinkAboutJANUARY 25, 2016COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA JANUARY 25, 2016 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00 pm, on Monday, January 25, 2016. Council President Owen along with City Clerk Conlin called the meeting to order at 7:03 pm. Mr. Campbell gave the Invocation and Council President Owen asked those in attendance to recite the Pledge of Allegiance. The roll call was conducted and those present were: Councilperson White, Councilperson Jahn, Councilperson Maples, Councilperson Gill, Councilperson Owen, Councilperson Hawkins, Councilperson Webb, and Councilperson Samuel. MINUTES TO BE APPROVED: Minutes from the Regular Council Proceeding January 4, 2016- Councilperson Webb made a motion to APPROVE with Councilperson Hawkins seconding, PASSING on a vote, 8-0. APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the agenda with Councilperson Maples seconding, PASSING on a vote, 8-0. CLAIMS TO BE APPROVED: GENERAL — $2,106,332.25 City Controller Heather Metcalf presented the claim. Council President Owen asked if the cost for Shred It for City Court was reflected in the 2016 budget. City Controller Metcalf stated this bill was for 2015 and will be paid out of those funds. City Controller Metcalf stated bills for City Court are trickling in and she is trying to get those waived since the Court closed. Councilperson Samuel asked if the $250,000 charge was for fuel and City Controller Metcalf stated it was. Councilperson Samuel made a motion to APPROVE the claims, seconded by Councilperson Hawkins, PASSING on a vote, 8-0. REPORT OF THE CLERK: City Clerk Conlin stated the renovations in the Council Champers are underway and they will be cleaning the carpet next Friday in hopes that it will not have to be replaced. Additionally the IT Department and the Clerk's Office has been working on the sound in the chambers in hopes of getting those issues resolved as well. 1 Councilperson Gill asked if the attorney chairs were going to be replaced because they are falling apart and Clerk Conlin stated she had already spoke with the Building Commissioner about that and they will be replaced. AGENDA ITMES: UNFINISHED BUSINESS: 1. Heather Metcalf - 2016 -OR -1 An Ordnance Transferring Funds within the Same Department (Passed on 1st reading 1/4/15) City Controller Metcalf presented 2016 -OR -1 and stated there were no changes from the last meeting. Councilperson Samuel made a motion to APPROVE 2016 -OR -1 on the second and third reading, seconded by Councilperson Gill, PASSING on a vote, 8-0. NEW BUSINESS: 1. Wendy Dant Chesser/ Matt Hall — One Southern Indiana Update on Economic Development Activities. One Southern Indiana offered an update for the Council from efforts concerning 2015. Mr. Hall presented to the Council that One Southern Indiana has announced 132 projects since July 2006 and of those 27 were new companies to Southern Indiana, 105 were existing companies in Southern Indiana and 70 were projects in Jeffersonville. This has generated 7,951 new jobs and added $280,733,978 in payroll in Jeffersonville. There has been $727,152,740 in capital invested in these Jeffersonville companies. For every dollar the City of Jeffersonville has invested in One Southern Indiana ($228,175) an additional $3,186.82 has been created in direct new taxable capital and $1,230.35 annually in direct payroll by new and expanding companies within the City. One Southern Indiana works to attract new businesses to the area through both domestic and international marketing and hosts companies and project representative from around the world for tours of sites, buildings, and the community. 2. Kim Calabro- 2016 -OR -3 An Ordinance Amending 2015 -OR -57 An Ordinance Fixing the Salaries of Appointed Officers and Employees for all the Departments of the City of Jeffersonville, Clark County, Indiana for the Year 2016 Human Resources Director Kim Calabro presented 2016 -OR -2. The Mayor has requested that the Community Affairs Liaison position be put back in his budget. This individual currently works for Waste Water and that position will be eliminated. The Community Affairs Liaison had existed under previous administration, however not since Mayor Moore has been in office. Councilperson Samuel made a motion to APPROVE 2016 -OR -3 on the first reading, seconded by Councilperson White, PASSING on a vote, 8-0. 2 3. Les Merkely — 2016-R-1 Resolution of the Common Council of the City of Jeffersonville, Indiana, Approving the Issuance of Least Rental Refunding Bonds by the Jeffersonville Redevelopment Authority and Other Matters Related Thereto Redevelopment will occasionally look at bonds and determine if it is economically sound to refinance. Umbaugh and Associates have determined that if these bonds were refinanced it would save approximately $560,000. The City Council must approve the refinancing of the bonds before this can go any further in Redevelopment. Mr. Colton from Umbaugh and Associates gave a brief overview. Right now the bonds set at around 7.7 million dollars. There is a debt reserve of about $900,000 and this will be put back into the refinancing but reduces the amount by about $60,000. Actual interest rates could change in the amount of time it would take to refinance, however interest rates are at an all-time low. This would not be done if the interest rates went up to a point where it did not save the City money. Additionally the Redevelopment Authority has to hold a public meeting on the matter. Councilperson White made a motion to APPROVE 2016-R-1, seconded by Councilperson Webb, PASSING on a vote, 8-0. 4. Scott Lewis — 2016 -OR -4 An Ordinance Implementing Procedures for Approving Capital Expenditures Purchases and Leases for Remaining Calendar Year of 2016 Until Further Approval by the Common Council Council President Owen asked Council Attorney Lewis to prepare this ordinance. This is to stay on top of capital spending, as no departments will be able to make a capital purchase exceeding $5000.00 unless they come before the Council in a public meeting and request it. Councilperson Samuel asked if there should be some type of clause in there stating this is only in effect until after the Circuit Breakers have come in. It was discussed and decided that a clause would not be put in however after the Circuit Breaker (assuming they come in on target with what the Council planned for) the Council can take the ordinance out of effect. 5. Nathan Pruitt — 2016 -OR -5 An Ordinance Imposing and Immediate, Temporary Moratorium of New and Expanding Auto Related Business Pending Completion of a Zoning Ordinance and Update to Align with the Recently Adopted Jeffersonville Comprehensive Plan Update (2015 -OR -58) Planning and Zoning Director Nathan Pruitt presented 2016 -OR -5. When looking at the long term plan for Jeffersonville. This ordinance puts a hold or a "pause" on any new permits for Auto related businesses. This will allow time to address the current zoning ordinance and align it with the direction the City is moving. This would involve City and Council involvement, public input, and align it with the updated Jeffersonville Comprehensive plan that was passed in 2015. Councilperson Hawkins asked if this just effected from 1-65 to Renfro way. Mr. Pruitt stated this would take effect city wide. Councilperson Hawkins also asked if there were any other industries that shared the long list of ordinance violations because it is unfair that a whole industry be penalized just because certain businesses are not following the 3 rules. Mr. Pruitt stated no other industries have a comparable list of ordinance violations to the auto related businesses. Councilperson Hawkins asked if Mr. Pruitt could guarantee this amount of work could be completed in 6 months, because he could guarantee that he would not support any type of extension to this. Council President Owen agreed with Councilperson Hawkins. Mr. Pruitt stated the zoning ordinance issues could be addressed within the 6 month time frame. Councilperson Hawkins questioned what a permit "in process" looked like and how long would it take to rescind this moratorium if needed. Mr. Pruitt stated anything that had been filed prior to the adoption of the ordinance, City Attorney Merkley and Council Attorney Lewis stated to rescind the ordinance it would have to be done over two meetings, but those meetings could be held as special meetings at any time. City Attorney Les Merkely stated to clear the record this was not directed towards any one company even though some may believe it was. This does not affect any one who has filed their permits and as of 1/22/2016 the Great Clark County School had filed its permit for the property on 10th Street. Also this would not be retroactive, it is against statute to retroact and take away business owners' rights. Public Comment : Paul Fetter — 1611 E. 10th St. — Speaking on behalf of Clark County Auto Auction — After looking over this moratorium it seems as though it would hinder businesses that are even established now since it states there are restrictions for building permits. Given the timing and the comments that have been made, we feel as though this is directed towards Clark County Auto Auction. Additionally Mr. Fetter stated if the sale of Clark County Auto Auction is disrupted this moratorium would devalue the property. Mr. Fetter recommended that the City add what they wanted to the 2007 Ordinance instead of moving forward with the moratorium. Ed Flaugh — 600 N. Whitcomb Clarksville, IN — Opposed to this ordinance. This violates the 5th Amendment. This is just an effort to control the whole economy. Alan Applegate — Represents multiple clients in the area that this would affect and hinder. Scott Hannah — 603 N. Shore Dr. — This could affect several developments and harm future developments. David Nicklies — 6060 Dutchmans Lane Louisville, KY — Came before the Council in 2015 and presented Jeffersonville Commons. Of course he would like to see downtown cleaned up however this is not the way to do it. He has a $23,000,000 business who would not come to Jeffersonville Commons if this moratorium is passed. Dustin Isaacs -1806 Crestview Dr. New Albany, IN — This is not the right way to go. It affects small business owners. Ron Smith — 3310 Holmans Lane — Welcome to the new Council, congratulations. It would be a huge waste to turn that lot into a bus depot. We don't want anyone to drive through our city and see a big bus depot. Also it would be bad for traffic. Do what is best for Jeffersonville and don't worry about giving people favors. 4 Councilperson Hawkins asked if this would be a conflict of interest seeing as how he was directly employed by Greater Clark County Schools (GCCS). Council Attorney Lewis stated he did not see it as a conflict of interest because GCCS had already filed their permit and paid the application fee so this would not affect them. Councilperson Samuel stated he appreciated Mr. Pruitt's drive to move forward with the 10th Street vision but why can't the City move forward without this Ordinance? We do not want to tell anyone that their business is not welcome in Jeffersonville, which seems to be counterproductive. Councilperson Gill stated the City needs to address this issue or the middle of the City is going to fall in on itself. Look at how many abandoned gas stations there are that the City is stuck with due to regulations. As of right now if it's in our Ordinance we have to pass it and that's not the way to do it. Council President Owen stated that it is important for Jeffersonville not just to grow, but to grow in the right way. The City can work on this to change it and can adapt for businesses that are ready to file permits immediately. Councilperson Maples asked Council Attorney Lewis if there was a conflict of interest as he is a direct employee of Clark County Auto Auctions. Council Attorney Lewis advised again, that since GCCS had already filed the permit, this ordinance is not applicable to them. Councilperson White stated there is a certain way the City would like to look in the next 5, 10, 15, and 20 years and we need to do things to follow that vision. We were talking about getting higher paid jobs, but how will that happen if the City does not fit that profile. Councilperson Jahn state she believes this ordinance is excessive and it is not necessary to tell private owners what to do with their land. Councilperson White made a motion to APPROVE 2016 -OR -5 on the first and second reading, with Councilperson Gill seconding, PASSING on a vote, 6-2 with Councilperson Samuel and Councilperson Jahn voting against the ordinance. 6. Les Merkely — 2016 -OR -6 An Ordinance Adopting and Ordinance Violation Bureau City Attorney Merkley recommended to the Council to pass this on the first reading because there was still work that needed to be done and he would be getting with the Clerk to further develop the Ordinance. Since the abolishment of the City Court, the Police Department and Animal Control have no means to collect ordinance violation fees and we are losing the revenue that could be generated from this. Councilperson Gill asked if all of the ordinance violation fees would be listed in the ordinance and if not how would we know what the fees were. City Attorney Merkley stated they are outlined in various ordinances. City Clerk Conlin stated the City has already lost a large amount of revenue because fees were never collected out of City Court on these ordinance violations. Councilperson Samuel stated this sounded like a lot of additional work and asked if additional employees would be needed because if we do this, we want to make sure it is self-sustaining. Clerk Conlin stated that only one additional employee would be requested due to needing an additional person to collect the money. 5 Councilperson Maples made a motion to APPROVE 2016 -OR -6 on the first reading with Councilperson White seconding, PASSING on a vote, 8-0. 7. Heather Metcalf — 2016 -OR -7 An Ordinance of Additional Appropriation — Public Hearing will be on Feb. 1St City Controller Metcalf presented 2016 -OR -7. There is an error on the agenda and the Public Hearing is set for 2/1/2016. Councilperson Gill asked why we were doing an additional appropriation for LOIT for the 911 Fund when the reason for the LOIT fund is the 911 Fund. Shouldn't we be changing other portions of the LOIT budget instead? Council President Owen stated the City portion of the 911 Fund was larger than what the Council had budgeted for and this will cover the different. Council Attorney Lewis stated the LOIT fund is for all public safety, not just the 911 Fund. Council President Owen stated the County 911 underestimated their budget and to fix that they took the full 3% increase they were allowed this year. Councilperson Samuel made a motion to APPROVE 2016 -OR -7 with Councilperson White seconding, PASSING on a vote, 8-0. CITY COUNCIL ATTORNEY REPORT: Nothing at this time. DEPARTMENT HEAD REPORTS: Nothing at this time. PUBLIC COMMENT: The majority of the Public Comments were concerning 2016 -OR -5 and spoke during that time. Ron Smith — 3310 Holmans Lane — Wanted to speak in regards to the animal ordinance. Mr. Smith has been a long time dog breeder and he does not want to see animal suffer due to poor ownership. If there is a committee he would like to be taken into consideration to be on the committee when it is formed. *This was concerning a matter that had not yet been presented to the Council. This matter is scheduled to go before the Council on 2/1/2016. Bob Woosley — 603 N. Shore Dr. Suite 204 — Apologized for not being present when 2016 -OR -5 was presented, however he would like to encourage the Council to reconsider this moratorium. We want to encourage business owners to come to Jeffersonville, high end developers don't come overnight and now that we are starting to get them, it would be sending the wrong message to say we don't want certain types of industries in our City. COUNCIL COMMENT Councilperson White — Nothing at this time 6 Councilperson Zastawny— Not Present Councilperson Jahn — Would like to make a motion to APPROVE Drainage Board appointee for the 3rd district as Charlie Smith, Councilperson Gill seconded, PASSING on a vote, 8-0. Additionally she, Councilperson Maples, Councilperson Hawkins, and Councilperson Webb along with Clerk Conlin all attended the IACT training for newly elected officials. It was a great training and good to meet other newly elected officials. Councilperson Maples — Nothing at this time. Councilperson Gill — Would like to commend the Council for their excellent appointments on the Drainage Board. She can see that a lot of drainage issues are going to be resolved and the board is ready to get to work. Bob Rogee was appointed President and Steve Gill was appointed Vice President. Councilperson Hawkins — Nothing at this time. Councilperson Webb — Nothing at this time. Councilperson Samuel — Would like to encourage Council President Owen to invite someone from Redevelopment to come and do a workshop. We are getting a lot of attention even at the National level and let's try and maximize the plan for Colston Park. Additionally would like to say thank you to the Clerk. When there are presentations it is not her job to assist with the overhead projector, however she is always willing to help so thank you. Councilperson Owen — The Council will be having a Salary Ordinance Workshop on February 1, 2016 at 5:30 PM. Both Police and Fire have requested to have a Workshop regarding their budgets. Proposed time for that is February 15, 2016 at 5:30 PM. Also he will be meeting with the representative from Honeywell as requested by the company. Steamboat Committee needs to be established — Councilperson Webb made a motion to APPOINT Councilperson Gill and Connie Sellers to the Steamboat Committee with Councilperson Hawkins seconding, PASSING on a vote, 8-0. Additionally just a reminder that there is a Redevelopment meeting on 1/27/2016 at 6 PM upstairs, all are invited to come. The Council also received invitation to tour the new McDonalds on 1/26/2016. Also we had some individuals take part assisting Homeland Security in Dubois County with a public health crisis. It is great to know that if there were to be a crisis in Jeffersonville, we have professionals equipped to handle the situation. 7 ADJOURNMENT: Council President Owen asked for a motion to adjourn, made by Councilperson Gill and seconded by Councilperson Hawkins meeting adjourned at 9:20 PM. APPROVED BY: Matt Ow, ATTEST: Vicki Conlin, Clerk 8