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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. 1 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. 2 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. 3 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 4 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 5 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 6