HomeMy WebLinkAboutJune 18, 2012 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
JUNE 18, 2012
The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500
Quartermaster Court, Jeffersonville, Indiana at 7:00 P.M., on Monday June 18, 2012.
Council Vice- President Connie Sellers, with Vicki Conlin, City Clerk at the desk, called the meeting to
order at 7:00 P.M. Council Vice - President Sellers welcomed all in attendance, asking those present to
stand as Bobby Campbell gave the invocation, Council Vice - President Sellers then led all those present in
the Pledge of Allegiance to the flag.
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The roll call and those present were Councilperson Zach Payne, Councilperson Mike Smith,
Councilperson Lisa Gill, Councilperson Bryan Glover, Councilperson Dennis Julius, Councilperson Nathan
Samuel, Council Vice - President Connie Sellers, and Councilperson Matt Owen with Council President
Zastawny absent.
APPROVAL OF THE AGENDA:
Council Vice - President requested to add to the Agenda 1.A) 2012 -R- Resolution Extending the
Deadline for Filing of CF -1 Forms for 2012 -2012. Councilperson Owen made the motion to APPROVE the
Agenda with the addition of 1.A), seconded by Councilperson Julius, passing on a vote of 8 -0
APPROVAL OF THE MINUTES:
Councilperson Samuel made the motion to APPROVE the minutes from the June 4, 2012 Council
Workshop for the Big Four Bridge Project, seconded by Councilperson Gill, passing on a vote of 7 -0 -1
with Councilperson Owen abstains.
Councilperson Samuel made the motion to APPROVE the minutes from the June 4, 2012 Council
'ry Workshop for Police Headquarters, seconded by Councilperson Gill, passing on a vote of 7 -0 -1 with
Councilperson Owen abstains.
Councilperson Samuel made the motion to APPROVE the minutes from the June 4, 2012 Council
Regular Session, seconded by Councilperson Gill, passing on a vote of 7 -0 -1 with Councilperson Owen
abstains.
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Claims:
PARKS CLAIMS:
Controller Harmon presented the claims list for the Parks Department of $88,060.20. Councilperson
Gill made the motion to APPROVE the claims, seconded by Councilperson Owen, passing on a vote of 8-
0.
Controller Harmon presented the claims list for the Parks Department of $24,442.72. Councilperson
Gill made the motion to APPROVE the claims, seconded by Councilperson Owen, passing on a vote of 8-
0
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GENERAL CLAIMS:
Controller Harmon presented the claims list for the General Claims of $949,544.06, with two
removals of the claims that have been approved in the Mayor's budget brining the claims list to
$929,232.56. Councilperson Gill made the motion to APPROVE the claims, seconded by Councilperson
Payne, passing on a vote of 8 -0.
T.I.F. CLAIMS:
Controller Harmon presented the claims list for the T.I.F. for $905,729.75. Councilperson Owen
made the motion to APPROVE the claims, seconded by Councilperson Gill, passing on a vote of 8 -0.
Controller Harmon presented the claims list for the T.I.F. for $291,407.87. Councilperson Gill made
the motion to APPROVE the claims, seconded by Councilperson Owen, passing on a vote of 7 -0 -1 with
Councilperson Julius abstains.
MAYOR COMMENTS: None at this time
REPORT OF THE CLERK: None at this time
DEPARTMENT HEADS REPORTS: None at this time
AGENDA ITEMS:
UNFINISHED BUSINESS:
1) Tom Lowe - 2012 -OR -25 An Ordinance Changing the Zoning Map of Real Estate Located at East 10
Street and Herb Lewis Road, Jeffersonville, Clark County, Indiana Being 9.73 Acres from C1 Small to �I
Medium Scale Commercial to M3 High Density Multifamily Residential. — Corporate Counsel Attorney
Lowe represented 2012 -OR -25 with Greg Fifer, Attorney for Mr. Gilmore stated that City Engineer
Crouch did a review of the storm water, erosion and sanitary sewer plans found to be in compliance.
Mr. Fifer stated that he had circulated early today to Council Attorney Lewis and Corporate Counsel
Lowe a Zoning Commitment to be recorded with the property. Summarizing Mr. Fifer, stated 1) Limit
to density 12 units per acre vs. 16 per acre the Zoning Ordinance permits. 2) Will not utilize financing
for the development with concerns to the council's question about Low Income Housing Tax Credits.
3) Comply with landscaping, lighting and signage per Zoning Ordinance. Councilperson Smith stated
that he had spoken with Fire Marshall McCutcheon and development complies with Fire regulations.
Councilperson Smith made the motion to PASS 2012- OR -26, seconded by Councilperson Julius,
passing on a vote of 8 -0.
2) Monica Harmon — 2012 -OR -27 An Ordinance Which Amends 2012 -OR -16 which Amends 2011 -OR -51
Fixing the Salaries of Appointed Officers and Employees for all Departments of the City of
Jeffersonville, Clark County, Indiana for the Year 2012. (Passed on 1 Reading) Controller Harmon
started off her presentation with the comment" The minutes currently read that the revision does
not provide for any salary employees and I want to make clear that it was for any employees this
revision does not impact any employees current compensation if that could be corrected ".
Councilperson Owen question why salaries are divided between several income streams, instead of
doing the 80% General Fund — 20% Waste Water such as the Finance Department, such as assessing
Waste Water each year to pay and deposit into the General Fund. Councilperson Smith stated that
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going through the Finance Committee Ms. Harmon had suggested this and it was based on her
suggestions. Ms. Harmon explained the reasoning for this for 2012 and could look at Councilperson
Owen suggestion for 2013, An Additional Appropriation will have to be done to reflect both the
income and revue and go through State Board of Accounts to reflect both changes and attempting to
reduce our budget for 2012 and most effective way to do this Councilperson Samuel made the
motion to PASS 2012 -OR -27 on the 2 and 3rd Reading, seconded by Councilperson Smith, passing on
a vote of 8-0.
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3) Monica Harmon- 2012 -OR -28 An Ordinance Transferring Certain Funds Within the Same Department.
Councilperson Samuel made the motion to PASS on the 2 and 3rd Reading, seconded by
Councilperson Julius, passing on a vote of 8 -0.
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NEW BUSINESS:
1) Scott Lewis — Veto Override 2012 -OR -25 An Ordinance Abolishing Inactive Non - Mandatory Boards
and Commissions. Council Attorney Lewis presented 2012 -OR -25 stating the Ordinance passed on 6-
4 -12 Council meeting. Councilperson Owens reiterated the council said we are going to abolish these
boards because some have not been used in sometime, some are nonfunctional and are not set up
for a Class 2 City and if we need to relook at some of these boards the council is opened.
Councilperson Gill stated and to bring these ordinances up to date as several were out of date and
need to really look at these ordinances if they are presented again to establish these boards.
Councilperson Samuel made the motion to OVER -RIDE THE VETO, seconded by Councilperson Owen,
passing on a vote of 8 -0.
A) Scott Lewis- 2012 -R -10 Extending Deadline for Filing CF -1 for 2012.
Council Attorney Lewis presented 2012 -OR -10 to the City Council stating that it will extend the
deadline of the CF -1 Forms from May 1 2012 to August 1 2012. Mr. Lewis stated that this
extension is needed due to an "internal problem" that has caused some of the forms to not be filed
by the deadline. The resolution will extend the deadline to ensure compliance with Indiana Law.
Councilperson Owen made a motion to APPROVE, Councilperson Samuel seconded, passing on a vote
of 8 -0.
2) Scott Lewis- Labor Attorney - City Council Attorney Lewis reported that by the end of December
2012 the City must re- negotiate the contracts with Police and Fire Unions been discussion with the
City Attorneys regarding the City hiring specialized Labor Attorney with negation. Some of the Council
Members have meet with spoken and met with from the law firm of Faegre,Bakers and Daniels, LLC.
The Council needs to take official action to retain the services of attorney from Faegre, Bakers and
i Daniels, LLC. Councilperson Samuel asked does Mr. Lewis or Mr. Lowe who will contract with the
attorneys the council or the administration and the administration is on board with hiring the labor
attorney. Mr. Samuels stated that the labor attorney would act as contract negotiations for both the
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Council and the Administration. Councilperson Owen made the motion to APPROVE retain Labor
Attorneys of Faegre, Bakers and Daniels, LLC, seconded by Councilperson Samuel, passing on a vote
of 8 -0.
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3 &4) Scott Lewis — Adopting Conflict of Interest and Nepotism Law Policy. City Attorney Lewis stated that
1 Items 3 and 4 are the same. The State of Indiana Legislator passed a mandatory Anti Conflict of
Interest and Nepotism Law and requiring ALL Local Governmental Units to APPROVE by July 1, 2012.
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Pursuit to the new state law with minimum statutory requirements of IC 36 -1 -20.2 and IC 36 -1 -21.
Exhibit B Verification of Applicant for Employment For Compliance with Municipal Nepotism Policy.
Exhibit C Mayor /Council Member Disclosure of Relative's Contract With Municipality. Exhibit D
Certification of Elected Official to the Executive of the City of Jeffersonville on Compliance with
Municipal Nepotism Policy. Councilperson Samuel made the motion to SUSPEND THE RULES IN
ANTICIPATION OF PASSING 2012 -OR -29 ON ALL THREE READINGS, seconded by Councilperson
Owen, passing on a vote of 8 -0. Councilperson Samuel made the motion to PASS 2012 -OR -29 on ALL
THREE READINGS, seconded by Councilperson Owen, passing on a vote of 8 -0.
5) Monica Harmon — 2012 -OR -30 An Ordinance Amending Ordinance 2011 -OR -57 Ordinance of
Appropriation Reduction. Controller Harmon presented 2012 -OR -30 and requested Council Vice-
President Sellers to OPEN the Public Hearing. Council Vice - President Sellers OPENED the Public
Hearing at 7:50 P.M. with no one requesting to speak, Council Vice - President Sellers CLOSED the
Public Meeting at 7:55 P.M. 'Councilperson Samuel made the motion to SUSPEND THE RULES IN
ANTICIPATION OF PASSING 2012 -OR -30 ON ALL THREE READINGS, seconded by Councilperson
Owen, passing on a vote of 8 -0. Councilperson Samuel made the motion to PASS 2012 -OR -30 on ALL
THREE READINGS, seconded by Councilperson Owen, passing on a vote of 8 -0.
6) Monica Harmon - 2012 -R -11 A Resolution to Give Notice of Proposed Additional Appropriation in the
2012 Budget. Controller Harmon presented 2012 -R -11 to advertise for additional appropriations of
LOIT Fund — Fire Department Interlocal Communications requesting $80,000.00 and LOIT Fund Police
Station Property Design requesting $1,350,000.00. Councilperson Smith made the motion to PASS
2012 -R -11, seconded by Bryan Glover, passing on a vote of 8 -0.
Public Comment:
Kate Miller spoke before the Council representing Rose Hill Neighborhood regarding the Big Four
Bridge Landing. Mrs. Miller stated their neighborhood was not given the opportunity to give input in
the Big Four Landing. Mrs. Miller discussed before the council that Rose Hill has repeatedly asked to
be involved in the landing, but they have not been given the opportunity. Mayor Moore responded
that all the meetings are publicly advertised in the newspaper. Mayor Moore responded that this
landing is an issue for the whole city and not just the Rose Hill Neighborhood. Ms. Miller presented
the Clerk with a letter in response to Mayor's Urban Trail Plan with 29 signatures from Rose Hill
Neighborhood.
Council Comments:
Councilperson Samuel: None at this time
Councilperson Owen: 1) Benched billboards seem to be popping back up and would like to see code
enforcement on those. 2) The meetings will not be aired on channel 25 during the summer, and
would like to see if possible to link the meetings to the new City website could be a possibility. 3)
Addressed the maintenance of downtown properties and that it is something the Parks Authority has
looked into, Parks Department is working very hard on getting the mowing done.
Councilperson Julius: 1) Have met with the fire department and police department along with City
and Council Attorneys in discussion of the new Labor attorney with the upcoming new contracts for
fire and police. 2) Resurfacing of the Kennedy Bridge begins soon and is going to work on getting the
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Communications Director lists of closures of exits to post on City website. 3) Had a meeting with a
few citizens to discuss bringing in the LST (war ship- Landing Ship Tank) to Jeffersonville. The
suggestion has been to join with Urban Enterprise Zone, the Clark /Floyd Tourism Bureau, and the
Council to pool some money to do a study before making decision. 4) Clarified that the
Redevelopment Meeting was a Public Meeting and sent out a RFP to two companies for design and
cost of the project. We received a letter from City Attorney Les Merkley stating the RFP were not
properly sent out and supposed to be done in a public meeting with three members of the board and
virtually the plans would not be heard. The Commission did bring in TEG (The Estopinal Group) who
gave a presentation. The work has not been paid for it has been approved by the Commission. The
vote at the Redevelopment meeting was 3 -2 with Councilperson Julius and Jamie Lake voting nay.
Councilperson Smith: 1) The LST will not be put in a residential area, but a study will be done as well
Bringing the ship to Jeffersonville is only in talks, but is something that is being worked on 2)
Councilperson Smith stated that he spent Thursday morning taking Planning and Zoning Director
Shane Corbin to look at buildings in downtown area 3)Smoking on the River was amazing and
wanted to give a big thanks to Sara Shultz for all that she does and did with the event and
complimented the city employees that came out to help.
Councilperson Glover: None at this time
Councilperson Payne: None at this time
Councilperson Sellers: asked City Corporate Counsel Lowe and Mayor Moore if the Sewer Ordinance
is being enforced in regards to the summer relief. Mayor Moore expressed concerns about the
meters, which are stated in the ordinance, failing over time Councilperson Payne stated that he
doesn't want to see sewer rates raise again because of summer relief. Mayor Moore stated that he
has offered a compromise that his City Controller and Wastewater Engineer are comfortable with the
compromise. Councilperson Sellers stated that she never heard Mrs. Harmon agree with the Mayor in
the meeting and that Mr. Ashack had expressed concerns about the bond service. Mayor Moore
stated that this is not going to cost any money that we don't have and his compromise is to have
people come down to sign their name saying that they water their yards, etc. Councilperson Smith
made a motion to file Declaratory Judgment Action to require administration to enforce the
Ordinance (2011- OR -73) voted on by the council, contingent on the administration not enforcing the
ordinance. Councilperson Julius seconded the motion, passing on a vote of 7 -1.
Roll call Vote: AYE: NEY:
Councilperson Smith Yes
Councilperson Payne Yes
Councilperson Sellers Yes
Councilperson Glover No
y
Councilperson Julius Yes
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Councilperson Owen Yes
Councilperson Samuel Yes
Councilperson Gill Yes
ADJOURNMENT:
With no further action of the City Council, Councilperson Smith made the motion to ADJOURN,
seconded by Councilperson Gill, passing on a vote of 8 -0.
• Edward Zastawny, 'resident
ATTESTED BY:
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Vicki Conlin, City Clerk
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