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HomeMy WebLinkAboutFEBRUARY 1, 2016COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA FEBRUARY 1, 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, February 1, 2016. Council President Owen along with City Clerk Conlin called the meeting to order at 7:00 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 Zastawny, Councilperson Jahn, Councilperson Maples, Councilperson Gill, Council President Owen, Councilperson Hawkins, Councilperson Webb, and Councilperson Samuel. MINUTES TO BE APPROVED: Minutes from the Regular Council Proceeding January 25, 2016 — Councilperson Samuel made a motion to APPROVE with Councilperson White seconding, PASSING on a vote, 9-0. APPROVAL OF THE AGENDA: City Attorney Les Merkley made the request to TABLE 2016 -OR -6 stating he needed additional time before presented to the Council. Councilperson Gill made a motion to APPROVE the agenda with the noted changes, Councilperson Samuel seconding, PASSING on a vote, 9-0. CLAIMS TO BE APPROVED: City Controller Heather Metcalf presented the claims with an additional hand carried claim for $4,500.00 to be paid to Dawn Spyker for Professional Services for a new total of $316,633.70. Councilperson Gill stated she had been through all of the claims and they were in order. Councilperson Samuel made a motion to APPROVE the claims with the hand carried, seconded by Councilperson Gill and PASSING on a vote, 9-0. REPORT OF THE CLERK: City Clerk Conlin stated the Veteran's Display had been moved from the hallway to the back of Council Chambers. This gives the display a nice viewing area and people a sense of privacy if they would like to have it. AGENDA ITMES: 1 UNFINISHED BUSINESS: 1. 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. There is one change to this. HR Director Calabro stated at the last meeting she stated this position would be eliminated and while that is the intent, it cannot be eliminated until it goes before the Sewer Board. Councilperson Samuel made a motion to APPROVE 2016 -OR -3 on the second and third reading with the understanding that if waste water votes to strike the position it will be removed from the Salary Ordinance. Councilperson Gill seconded, PASSING on a vote, 9-0. 2. 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 Councilperson Gill made a motion to APPROVE 2016 -OR -4 on the third and final reading, with Councilperson Webb seconding, PASSING on a vote, 9-0. 3. 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. This would not affect any permits that have already been filed. There is one amendment from the first reading, see section 5 in the ordinance. Councilperson Hawkins asked if Mr. Nicklies from Nicklies Development contacted his office to work on a resolution for his development and Planning and Zoning Director Pruitt stated that he had and a resolution resulted in section 5 of the ordinance. Councilperson White moved to APPROVE 2016 -OR -5 on the third reading with Councilperson Zastawny seconding, PASSING on a vote, 7-2, Councilperson Samuel and Councilperson Jahn opposing the ordinance. 4. Les Merkely — 2016 -OR -6 An Ordinance Adopting and Ordinance Violation Bureau TABLED 2 5. Heather Metcalf — 2016 -OR -7 An Ordinance of Additional Appropriation — Public Hearing will be on Feb. 1st City Controller Metcalf presented 2016 -OR -7. Nothing has changed since the last meeting. Council President Owen opened Public Hearing at 7:26 PM and as no members of the Community came forward to speak for or against the matter public hearing closed at 7:26 PM. Councilperson Samuel made a motion to APPROVE 2016 -OR -7 on the second and third reading, with Councilperson Hawkins seconding, PASSING on a vote, 9-0. NEW BUSINESS: 1. Dawn Spyker - CULTURVATING PUBLIC ARTS PROGRAM PLAN 2016 Ms. Spyker presented the Public Arts Plan for 2016. Last year (2015) was all about momentum and trying to get as many pieces out there as possible. This year it is about cultivating our community culture in art. This will celebrate the cultures that are in Jeffersonville and what makes Jeffersonville unique. We will be offering more experiences this year including Sugar Skull Shake, Shake on October 22. This will celebrate Hispanic heritage and include dancing, and folk art, and authentic food. Additionally there will be the Puppet Heritage and will be a giant shadow box and Targe puppets. There will also be an Urban Chalk Mandala during Steamboat Days. There will also be more performances including a Sand Sculpt-a-thon, Community Instruments, and Performance Art (Shakespeare — Romeo and Juliet). PEP Projects will be Public Engagement Projects and will include a Mural for a Mile, Native American Inspiration, and Contributes Assemblage Sculpture. Betterment will include the Triangle Lot, Floodwall Mural (Continuing the Story), and a mist sculpture at Woehrle Field. The Mayor had also asked that we work on a Riverfront Sculpture to create a welcoming piece of public art on Riverside Drive by the new marina. Also the Mayor would like to see a 10th Street Spruce up which will be a large-scale outdoor mural to help transform an unused area into a community gathering space. Councilperson Jahn recognized all of Ms. Spyker's work on incorporating everyone in the community. 2. Les Merkley — Approval of Lease — Maker 23 All leases have to be approved by the City Council, however this matter comes before the Council with a favorable recommendation from the Redevelopment Board. The property at question is 629 Michigan. It is currently vacant space that is used for storage for the drainage department. Maker Spaces is a way to not only encourage the community to be creative, but also works with people on gaining technical skills. After someone is trained on a tool they will be able to call ahead and have the tool reserved and set up for them to use. Councilperson Samuel made a motion to APPROVE the lease with Councilperson Gill seconding, PASSING on a vote, 9-0. 3 3. Scott Lewis — 2016-OR-8 An Ordinance Amending Ordinance 2008-OR-004 and Ordinance 2012-OR-22 Regarding the Jeffersonville Parks Authority City Council Attorney Scott Lewis presented 2016-OR-8. Councilperson White asked Mr. Lewis to prepare this ordinance. Under this amendment at least one member of the Parks Authority would be a member of the legislative branch and up to four members. Councilperson White stated this amendment to these two ordinances provides a separation of powers. Currently there is no oversight of what the City Council does in the Parks Authority. This amendment sets up the internal controls that are needed and will help us in the future. The City Council will maintain a presence on the Parks Authority with up to four members, however this Ordinance allows the necessary checks and balances to be in place. Councilperson Hawkins asked Council Attorney Lewis, if this new formation were not to be what the Council desired, how difficult would it be to return to the way that it is being done now. Council Attorney Lewis stated it would be the same process of amending the ordinance again as long as the majority of the Council was for returning to the previous way. Council President Owen since the Council would still approve the claims he wanted to make sure the Council would still oversee the budget process. Council Attorney Lewis stated the current budget process would not change. Councilperson Zastawny stated he did not feel that this was moving in the right direction and would be counteractive to everything that had been worked for previously. Councilperson Zastawny was on the Council in 2008 when the Parks Authority took this formation and this is not a Council versus the Mayor issue because the Council can work as the Parks Authority and everyone on the Council is an elected official. The Mayor cannot act as the Parks Authority and he would have to have a commission appointed that would not necessarily be elected officials. By having elected officials make up the Parks Authority we are able to voice the citizens' concerns directly. How it is set up now, each district is represented. If the amendment were to pass then the commissioners could be made up of anyone in Jeffersonville and not necessarily an even representation of the districts. Additionally Jeffersonville has had a board made up of what is being proposed and it wasn't better than what we have now. What you get is a group of people who don't know how the financials work and don't understand the parks. This could inhibit the larger scale projects. The larger scale parks have completely changed their neighborhoods and even if the board decides to do something like that, they would have to come through the City Council and it just adds another step. What is happening here is a step backwards. Councilperson Gill stated if it is a legal claim it is already spent money, then the Council has no choice but to approve the claim. Additionally if the Council puts money in the department's budget, they are able to spend that money as soon as it is in their budget. With being hands on we are able to have oversight for payments that haven't been received and that engaged person will no longer be overseeing the spending and fiscally responsibility. Additionally Councilperson Gill stated she is not sure why a workshop could not have been done on this matter. If there are questions about what is in place now, at least give the new members a chance to see how things work now. 4 Councilperson White stated the Council would still have oversight as they would still be controlling the budget. Every other board has checks and balances. This should be an executive body. Councilperson Zastawny stated that State Statute allows the Council function as the Parks Authority. Councilperson Owen stated that prior to 2012 this would not be a conversation because this would not be allowed, but he participated in going up and recommending that this was a good way of doing things. The statute that Councilperson Zastawny referenced allows the Council to function as the Parks but it also allows us to reform the makeup of the board. There have been contracts signed by that has not went through the Board of Public Works or the Mayor and that is not proper. There are other boards that have similar makeups as to what is being proposed in this ordinance. Council President Owen stated he would support this. It is not a matter of being in a hurry, it is a matter of what is the delay. Councilperson Samuel contacted a chairman (Scott Edwards) on the board who was unaware that this was even being presented this evening. The chairman believes the current makeup of the board is the best representation for the City. Councilperson Samuel stated he is not sure why this is the matter that is being addressed first when everyone says this is working great. Councilperson Samuel recommended waiting to see how the Parks Authority works before voting on this matter. This has turned our Parks into something phenomenal. Councilperson Samuel encouraged to delay the decision and see how the Authority works. Councilperson White stated this would not mean the Advisory Boards would go away under this amendment. They Mayor was not aware of this until after Councilperson White had discussed it with other Councilmembers. This amendment could not undo any signed contracts, but the change orders would go through the new Parks Authority. Councilperson Hawkins stated not one time when he went door to door did anyone complain out Jeffersonville Parks and actually it was the one consistent thing people were complimentary of. The Mayor is actually the Executive because he hires and fires the people employed in the Parks Department and they follow his orders. Councilperson Hawkins stated it is difficult to change this when the new Council Members don't even know what all it actually entails. Councilperson White made a motion to APPROVE 2016 -OR -8 on the first and second reading with Councilperson Maples seconding. A roll call was requested and the results are as follows: Roll CaII Yes No Councilperson White X Councilperson Zastawny X Councilperson Jahn X Councilperson Maples X Councilperson Gill X Council President Owen X 5 Councilperson Hawkins X Councilperson Webb X Councilperson Samuel X Final vote: 5-4, PASSING 2016 -OR -8 on the first and second reading. 4. Les Merkley — PUBLIC HEARING 2016 -OR -9 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 117 E Riverside Drive and Fully Described in Attached Exhibit A From M1 to NC Right now the owner of the property wants to open a restaurant at this location. They are going to be spending hundreds of thousands of dollars fixing the location. This requires a rezoning. It is currently with a favorable recommendation under the condition that if a restaurant is not put there the location can only be used for a list of things approved by zoning. There is a written contract in this deed that this property can only be used for something from an approved list: restaurant, residential, deli, ice cream shop, coffee shop, antique shop, art gallery, art/craft studio, boutique, flower shop, jewelry store, book store that is not in adult nature, and music store. Council President Owen opened the Public Hearing at 8:27 PM and Mayor Mike Moore spoke on the matter. Mayor Moore was apprehensive at first, however the owner is going to invest a lot into this project and it will be a good attraction for Jeffersonville. Public Hearing closed at 8:40 PM. Councilperson Webb made a motion to APPROVE 2016 -OR -9 with Councilperson White seconding, PASSING on a vote, 9-0. CITY COUNCIL ATTORNEY REPORT: Nothing at this time. DEPARTMENT HEAD REPORTS: City Attorney Les Merkley would like to thank City Clerk Conlin for making sure the attorneys and finance had new chairs for their tables. PUBLIC COMMENT: COUNCIL COMMENT Councilperson White — Nothing at this time Councilperson Zastawny — Nothing at this time. Councilperson Jahn — Brought up questions regarding Parks contracts in the Redevelopment Meeting. Will report back once she has an answer. 6 Councilperson Maples — Nothing at this time. Councilperson Gill — Nothing at this time. Councilperson Hawkins — Nothing at this time. Councilperson Webb — Nothing at this time. Councilperson Samuel — Nothing at this time. Council President Owen — A time is needed for the Finance Committee meeting. Decided on the second Tuesday of every month, with the February 9th meeting being held in the Council Chambers. Council Attorney Lewis to advertise for that. Additionally a reminder for the Council Workshop on LOIT with the Police and Fire Departments for February 15, 2016 at 5:30 PM. ADJOURNMENT: Council President Owen asked for a motion to adjourn, made by Councilperson Webb and seconded by Councilperson Maples meeting adjourned at 8:36 PM. APPROVED BY: ATTEST: Vicki Conlin, Clerk 7