HomeMy WebLinkAboutDECEMBER 19, 2016 COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
DECEMBER 19, 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, December 19, 2016.
Council President Owen along with City Clerk Conlin called the meeting to order at 7:00 pm.
Councilperson Samuel gave the Invocation and Council President Owen asked those in attendance to
recite the Pledge of Allegiance.
ROLL CALL:The roll call was conducted and those present were: Council Vice-President White,
Councilperson Zastawny, Councilperson Jahn, Councilperson Maples, Councilperson Gill, Council
President Owen, Councilperson Hawkins, Councilperson Samuel, and Councilperson Rodriquez.
Councilperson Gill was absent from the proceedings due to illness.
MINUTES TO BE APPROVED:
Minutes from the Council Regular Proceedings December 5, 2016—Councilperson Samuel
made a motion to APPROVE the minutes with Councilperson Jahn seconding, PASSING on a
vote, 8-0.
APPROVAL OF THE AGENDA:
Councilperson Jahn made a motion to APPROVE the agenda with Council Vice-President White
seconding, PASSING on a vote, 8-0.
CLAIMS TO BE APPROVED:
City Controller Heather Metcalf presented the Claims with three hand carried. Clerk Conlin commented
on the hand carried claims 1) to Dell Marketing for computer Clerk's Office, 2) Mr. Bottorff for legal
services Police Merit Commission, 3) Tokio Marine Tort Claim settlement from 2012 just received. Ms.
Metcalf stated on page 11 of the claims list, Sounds Unlimited for$12,325.00 needed to be changed to
$12,330.00 and then under equipment on page 11 for Sounds Unlimited to be removed for$12,225.00.
New total for the claims $2,645,650.93 Councilperson Zastawny stated it is not uncommon at the end
of year to schedule a Council meeting to approve claims and if not needing to meet then cancel the
meeting. Council President stated the meeting would be December 30, 2016 at 12:00 and request
Council Attorney Lewis to advertise the meeting for December 30, 2016. Councilperson Jahn made the
motion to APPROVE claims of$2,645,650.93, seconded by Council Vice-President White passing on a
vote of 6-2 with Councilpersons Zastawny and Samuel voting No.
REPORT OF THE CLERK:
Clerk Conlin stated to the Council has been a good year and appreciate all their help. Clerk Conlin stated
all elected officials; when you serve,you serve the public not your party.
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AGENDA ITEMS:
UNFINSHED BUSINESS:
1. Scott Lewis—2016-OR-84 An Ordinance Establishing Internal Control Standards and
Materiality Threshold for the City of Jeffersonville, Clark County, Indiana. Council Attorney
Lewis presented 2016-OR-84. This has to be passed and in place no later than December 31St
of this year. Clerk needs to scan in to Public Documents and then will make sure it gets to
City Controller. Ms. Metcalf stated many departments have brought in large groups for the
training already. Councilperson Jahn asked if there were any changes stated there have
been no changes. Councilperson Jahn made the motion to APPROVE Ordinance 2016-OR-84,
seconded by Councilperson Maples passing on a vote of 8-0.
NEW BUSINESS:
1. Les Merkley—2016-OR-85 An Ordinance Establishing Abbey Road on the River Non-
Reverting Fund —The Parks Authority and Mr. Northam are recommending that a Non-
Reverting Fund be established for Sponsorships of the event. Councilperson Samuel made
the motion to APPROVE 2016-OR-85 on the first and second reading, seconded by
Councilperson Jahn passing on a vote of 8-0.
2. Scott Lewis—2016-OR-86 An Ordinance Establishing the Jeffersonville Public Arts
Commission and Repealing and Replacing Prior Public Art Committee Resolution —Council
Attorney Lewis presented 2016-OR-86. There are only about eight (8) Cities that have a
certified Arts and Cultural Districts. This is modeled from the City of Bloomington. This
formalizes the process. They will overview Public Art Projects on Public Property.
Councilperson Jahn asked the question "How many appointments are there currently"
Councilperson Samuel stated there are presently five (5 ) and it will move to nine (9).
Council Vice-President White asked how these people are appointed how about the
appointing authority. Council President Owen inquired about the staggered appointments is
going to be done. Mr. Lewis stated this is usually done at the time of the appointments in
January. Council President Owen also inquired regarding the Art Administrator would or
would not be on the Board. Councilperson Samuel recommends the Art Administrator
would not be on the Board but would sit in on meetings. Council Vice-President White the
only issue he sees is that the Council has more appointment verse the Mayor. Councilperson
Maples suggested the appointments be made five (S) by the Council with one of the
Councilmembers being an appointment and four (4) by the Mayor. Councilperson Samuel
made the motion to APPROVE 2016-OR-86, on the first and second reading, with the
following changes under Section C that five (5) by appointed by the Council with one of those
appointments being from the Council and four (4) be appointed by the Mayor, seconded by
Councilperson Rodriquez passing on a vote of 8-0.
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3. Les Merkley—2016-OR-87 An Ordinance Amending Resolution 2008-R-30 a Resolution
Establishing a Merit Board for the Jeffersonville Police Department (as Amended by
Resolution 2009-R-17 and Ordinance 2011-OR-44). Mr. Merkley presented the proposed
ordinance from recommendation from the Police Merit Commission that the change be
made. The Merit Commission along with the Police Administration and Police Chief for a
second list to be established that would include experience officers and called Experience
Officers List and this list be separate and distinct list and give the Administration the power
to fill a vacancy quicker and less cost in training. Councilperson Maples asked if this will
always give them the option to choose from both list. Mr. Bottorff Merit Commission
Attorney presented information regarding the Experience Officer List and Administration
determination to hire an officer from the Experience Officer List or off the New Recruit List.
The change that is happening right now does not actually change the rule and procedure this
ordinance gives the Merit Commission authority to precede with the changes to rules and
procedures. The way the rule reads right now you can be on either list and cannot be on the
Experience Officer List unless you have prior experiences in law enforcement and attended
the police academy. Mr. Snelling stated to get on the experience list have to be at least two
years on a department plus academy and if you are on the experience list cannot be on the
new hire list as the Merit Commission is recommending the written test will not have to be
taken but the other test will have to be taken. Merit Commission will retain both lists at the
same time. Mr. Merkley can be on both lists if he or she elects to take the written test. All
this ordinance does is authorizing a list and the Merit Commission will determine the rules
for the list. Councilperson Zastawny stated he realizes this will save money of the academy,
but when they are hired in at the same level. Mr. Snelling they will start out as a patrolman.
Mr. Merkley stated the Chief has advocated this for some time and feels he can get officers
on the street faster than sending persons to the academy. Councilperson Samuel currently
when we hire new officers they come in two steps below base pay, are you saying they will
come in two steps below base pay or at base pay, which is a patrolman. Mr. Merkley stated
they would be hired same as new rookie. Council President Owen stated 20% below base
pay bumps up to 10 and base pay in year 3 would still be the case for these. Mr. Merkley
stated that is his understanding. Council Vice-President White made the motion to
APPROVE 2016-OR-87 on first and second reading, seconded by Mr. Hawkins passing on a
vote of 8-0.
4. Les Merkley—2016-OR-88 An Ordinance Amending Portions of the Zoning Ordinance (200-
OR-61) to Update the Official Fee Schedule and Adopt a Certificate of Zoning Compliance.
Nathan Pruitt stated he has been worked with the Building Developer Association of
Southern Indiana with Charlie Smith, Executive Director and favorably recommended by the
Plan Commission. The big component changes the residential, final record plat and special
uses fees were stepped down. Councilperson Gill has been a big proponent along with Mr.
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Merkely. Council President Owen opened the Public Hearing at 7:39 P.M. Closing the Public
Hearing at 7:40 P.M. Councilperson Zastawny made the motion to APPROVE 2016-OR-88,
seconded by Mr. White. Council President Owen requested for a roll call. ROLL CALL 5 AYE, 3
NAY ORDINANCES PASSED.
ROLL CALL
AYE NAY
WHITE JAHN
ZASTAWNY MAPLES
OWEN RODRIQUEZ
HAWKINS
SAMUEL
5. Les Merkley—2016-OR-90—An Ordinance Changing the Zoning Map Designation of a
Certain Tract of Property Located at 1914 East 10th Street and Fully Described in Attached
Exhibit A from M1 to C2. Mr. Merkley presented the ordinance stating this is for the Dollar
General Store to be located on the corner of 10th and Woodland Court with the access to the
store being on Woodland Court. Mr. Pruitt reported to the members this was favorably
recommended at the Plan Commission meeting for the zoning and fits into the 10th Street
Corridor Plan for Commercial Uses. Will McDonough with Paul Primavera and Associates
acknowledge this would be a Dollar General Store actually considerable smaller all brick
building. Councilperson Samuel stated he has had received several calls about traffic and is
he is also concern of adding more traffic to 10th Street. Council President Owen opened the
Public Meeting at 7: 45 P.M. Becky Zurschmiede is one of the five owners of the property,
travels the same road, and does not see an issue with traffic. Mr. Pruitt stated he did receive
some calls and emails but does not have the list with him, and meets with the developer and
agreed the access to the development off Woodland Court not 10th Street. Council President
Owen closed the Public Hearing at 7:48 P.M. stating he would like to add to the record that
he also received phone call and one in person concerned traffic concern and type of
business. Council President Owen reminded the Council they are voting on the zoning not
what the development will be. Councilperson Maples made the motion to APPROVE 2016-
OR-89, seconded by Councilperson White passing on a vote of 7-1 with Councilperson
Samuel voting Nay.
6. Les Merkley-2016-OR-90 - An Ordinance Changing the Zoning Map Designation of a Certain
Tract of Property Located at 4901 New Chapel Road and Fully Described in Attached Exhibit
A from R3 to C2. Mr. Merkley stated this is near 265 interchange already been zone
commercial. Scott Hannah Heritage Engineering, this property is located at 4813 New Chapel
Road going to be part of a 60-acre larger PD development. Councilperson Jahn asked Mr.
Hannah he stated 4813 New Chapel but the Ordinance states 4901. Mr. Hannah stated he
had 4813 on his application for the Zoning Change. Mr. Pruitt reported to the Council there
are issues on the Clark County GIS and got the parcel number and based everything on the
parcel number and GIS record states to be assign. Mr. Hannah stated that according to the
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owners the property lease to a local fire department that used for storage the owners are
working with the lessors and getting their storage out. Council President Owen opened the
Public Meeting at 7:53 and closed at 7:54 P.M. Councilperson Jahn made the motion to
APPROVE 2016-OR-90, Councilperson Hawkins passing on a vote 8-0.
7. Les Merkley—2016-OR-91 An Ordinance Changing the Zoning Map Designation of a Certain
Tract of Property Located at 5506 Highway 62 and Fully Described in Attached Exhibit A from
M1 to C2. Mr. Merkley stated the plan is for a Doctor/Medical Office behind the new
McDonalds. Councilperson Hawkins at the Plan Commission stated the HOA President
Stonybrook met with the developer is happy with this. Council President Owen at 7:56 PM
opened the Public Hearing, closed at 7:57. P.M. Councilperson Hawkins made the motion to
APPROVE 2016-OR-91, seconded by Councilperson Rodriquez passing on a vote of 8-0.
CITY COUNCIL ATTORNEY REPORT:
None at this time
DEPARTMENT HEAD REPORTS:
None at this time
PUBLIC COMMENT
None at this time
COUNCIL COMMENTS:
Councilperson White - wished everyone a Merry Christmas. Finishing his first year and has been
an honor to serve, we are doing great things as a council together and looking forward to the
next three years.
Councilperson Zastawny- Council has an appointment on the Board of Zoning Appeals and
would like to nominate Dave Stinson for the opening on the Board. Mr. Stinson spoke before
the Council stating he had been in the Building and Development aspect for 25 to 30 years.
Councilperson Zastawny made the motion to APPROVE Mr. Stinson, seconded by Councilperson
Rodriquez passing on a vote of 8-0.
Councilperson Jahn — Echo what Mr. White said and agree on some and disagree on some but
overall been a pleasure working with everyone. Jeffersonville has some exciting projects
coming in the three year and looking forward working with everyone. Merry Christmas
Councilperson Maples—in regards to the Merit Commission voted for but would like to lean
heavily on appointee that not any subject makes both list and feels it is a good thing to have the
experience officers list and wanted to express his concerns.
Councilperson Hawkins— Merry Christmas to everyone. It has been a great year and have done
a lot and been very busy and to go with what the Clerk stated, I have been pleasantly surprised
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in a way no one has approached him in partisan way and only heard one time this past year, a
pleasant surprise not knowing what to expect but everyone has voted their conscious and hope
we continue this.
Councilperson Samuel—Comment why he voted against the rezoning, finds it interesting that
we hear all the time how we do not have enough housing in Jeffersonville but took a housing
plot off the grid and put a business there that is why he voted no. Very happy to hear a number
of police officers wanting to transfer to Jeff have sat in negotiations for eight years and good to
hear. Kudos to our Police Department and Administration. Bridge opening yesterday is a huge
deal for our Community. Merry Christmas.
Councilperson Rodriquez— Looking forward to next year and Merry Christmas
Council President Owen — Parks Authority meeting before Council meeting Pickleball started on
Monday Mornings past three weeks. Parks Authority has moved their meetings on the 4th
Monday of month will meet at 5:30 P.M. instead of 6:00. P.M. Parks Authority also asked to
discuss with the Council regarding the claims approval and some confusion with both boards
approving the claims and request the Council to revisit the ordinance. Council President Owen
wished everyone a Merry Christmas.
ADJOURNMENT:
With no further business of the Council, Councilperson Jahn made the motion to ADJOURN,
seconded by Councilperson Rodriquez. Meeting adjourned at 8:10 P.M.
APPROVED BY:
Mat ent
T T:
Vicki Conlin, Clerk
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