HomeMy WebLinkAboutAugust 20, 2012 COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
AUGUST 20, 2012
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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 August 20, 2012.
Council President Edward Zastawny, with Vicki Conlin, City Clerk at the desk, called the meeting to order
at 7:00 P.M. Council President Zastawny welcomed all in attendance, asking those present to stand as
Councilperson Nathan Samuel gave the invocation. Council President Zastawny then led all those
present in the Pledge of Allegiance to the Flag.
The roll call and those present were Councilperson Smith, Councilperson Payne, Councilperson Gill,
Council Vice -President Sellers, Councilperson Glover, Councilperson Julius, Councilperson Samuel, and
Council President Zastawny. Absent were Councilperson Owen.
APPROVAL OF THE AGEND:
Councilperson Smith requested to add to the Agenda under New Business Item 5, 2012-R-12 A
Resolution Implementing a Freeze in Capital Expenditures For Remaining Calendar Year of 2012 Until
Further Approval By The Common Council. Councilperson Gill made the motion to APPROVE the Agenda
with the addition of Item 5, seconded by Councilperson Glover, passing on a vote of 8-0.
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MINUTES TO BE APPROVED:
Councilperson Samuel made the motion to APPROVE the minutes of the Council Workshop Proceedings
for August 6, 2012, seconded by Councilperson Gill, passing on a vote of 8-0.
Councilperson Samuel made the motion to APPROVE the minutes of the Council Regular Proceedings for
August 6, 2012, seconded by Councilperson Gill, passing on a vote of 8-0.
CLAIMS TO BE APPROVED:
City Controller Monica Harmon presented the Parks Department Claims list of $24,865.08. 1
Councilperson Samuel made the motion to APPROVE, seconded by Councilperson Gill, passing on a vote
of 8-0.
Controller Harmon presented the Pre-Approved Parks Department Claims of $30,417.10. Councilperson 1
Samuel made the motion to APPROVE, seconded by Councilperson Gill, passing on a vote of 8-0.
Controller Harmon presented the General Claims List of $1,182,548.92. Councilperson Julius requested
an addition to the claims for $600.00, for a table at the 2012 Humanitarians of the Year, which would
change the amount to $1,183,149.92. Councilperson Samuel question claims on Page 3 under the Fire
Department claims for payment to the Sewage Department for Stations 1,2,3. Ms. Harmon reported
there had been a water leak repair. Councilperson Samuel suggested the Fire Department might want
to purchase water meters if they are watering during the summer. Councilperson Samuel also
questions the claim on Page 5 under Council the Verizon Wireless Bill for $6,419.15. Ms. Harmon stated
the Mayor's Administration Assistant along with the Department of Finance have been trying to
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research this bill and have find out in the past that Verizon and Insight are not applying the payments to
the correct accounts. Councilperson Samuel made the motion to APPROVE the claims for
$1, 183.149.92 and Ms. Harmon to review the Verizon Wireless Claims, seconded by Councilperson
Glover, passing on a vote of 8 -0.
MAYORS COMMENTS:
Tom Lowe, Corporate Counsel reported the Mayor was present for the Council Workshops at 5:00 P.M.
and 6:00 P.M. but had another engagement and not able to attend the Council meeting.
REPORT OF THE CLERK:
Vicki Conlin, City Clerk reported on the position of Administrative Assistant City Council /Second Deputy
City Clerk. Ms. Conlin stated Councilperson Gill, Council Vice - President Sellers and Kim Calabro, H.R.
Director met and discussed this new position. Councilperson Gill stated on the salary Ms. Calabro had
recommended the salary and agreed by all present. Councilperson Smith commented the next step 1
would be the council would have to adjust the salary ordinance, and be voted on, which will change the
salary ordinance. Controller Harmon suggested use existing funds from Clerk's budget and proceed with
the hiring until the adjustment is made. Once the salary ordinance adjustment has been voted on and
in place, the this additional money will be placed in your budget which will balance out at the end of the
year To be presented at the next Council meeting.
Clerk Conlin reported she had attended a seminar presented by the Indiana Attorney General's Office on
Public Access and has the acket of information if anyone would like a copy.
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Clerk Conlin read a Thank You note received from District V Senior Girl Softball Team thanking the City
Council for their support.
DEPARTMENT HEAD REPORTS:
Tom Lowe, Corporate Counsel reported the Animal Shelter entered into a Inter Local Agreement with F
"No Kill Louisville" which will bring a number of assets to the Shelter. Does not commit the Shelter to
except to strive toward the no kill goals of 90% of animals that can be saved.
Counsel Lowe has been working with John Meade on the Estate of Stella Bello who named the J.B. Ogle
Shelter as a beneficiary to her estate. The Shelter is to receive 10% share and anticipated the amount to
be around $52,165.65. The estate was filed August 10, 2012 and awaiting to be cleared through Indiana
Department of Revenue which will be approximately sixty (60) to ninety (90) days.
Counsel Lowe updated the Council on the new Inter -Local Agreement for the Shelter and the funding
sources through municipalities.
Counsel Lowe reported working with Andy Crouch, John Paul Brashear and Jacobi Tooms and Lanz (JTL).
There is a Federal Highway Sign Retroreflectivity Requirements to be completed by 2013. Basically
requires that the city has a complete inventory of every traffic regulatory and street sign in the city, have
a management plan on how to test and replace these signs per the reflectivity. If this is not in place
there is a chance that the city might be in danger in losing Federal Highway dollars. Mr. Lowe and Mr.
Crouch have been working on the plan. Clarksville and New Albany studies are in place and worked with
JTL and Cordino Group. Mr. Lowe and Mr. Couch are looking in to funding for this project and to see
how to incorporate the traffic codes.
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AGENDA ITEMS:
A. UNFINISHED BUSINESS:
NONE
B. NEW BUSINESS: i
1.) Tom Lowe - 2012- OR -34: Changing the zoning map of real estate at 828 Spring Street, °
Jeffersonville, and Clark County, Indiana being .823 Acres from C1 (small to medium scale t
general commercial) to C2 (medium to large -scale general commercial): Corporation f
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Counsel Tom Lowe presented 2012 -OR -34 to the council for approval and requested a public
hearing before voting. Council President Zastawny OPENED a PUBLIC HEARING at 7:15 P.M.
Mr. Greg Fifer spoke on behalf of the property John Wolpert and his proposed tenant
Edward Henley. Mr. Fifer presented a letter from Mr. Henley that explained to the council
that Mr. Henley had intended to buy previous property from Mr. Wolpert until the City
purchased it for the Canal project. Mr. Henley stated in his letter that he owns a car lot at
211 W. Court Ave, but would like to purchase 828 Spring Street from Mr. Wolpert to move
his business to a new location. Mr. Fifer proposed a condition of this approval of the
rezoning that after 10 years the property would revert back to C2 and would have to go
back through this process to continue the car lot at that location at that time. President F
Zastawny CLOSED the PUBLIC HEARING at 7:45 P.M. Councilperson Smith stated that
planning and zoning voted against a recommendation for this and he would not be
supporting the ordinance. Councilperson Samuel stated that this seemed to be an ' '
improvement of the present area and he supported the change. Councilperson Sellers
suggested using a 6 year limit on the zoning change instead of 10 years. Mr. Lowe presented
a few typographical errors in the ordinance before requesting approval that does not affect "'
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the substance of the ordinance. Councilperson Sellers made a motion to PASS 2012 -OR -34
on a first reading, subject to a six year zoning commitment recorded, a 60 -day notice by the i
City regarding expiration of the six -year period and entire approval process by the Planning
Commission, BZA, Drainage, and Planning and Zoning Department. Councilperson Gill
seconded the motion, PASSING on a vote of 6 -2. g
COUNCILPERSON YEA NAY
Councilperson Smith Nay
Councilperson Payne Yea
Councilperson Sellers Yea
Councilperson Gill Yea
Councilperson Glover Yea
Councilperson Zastawny Nay
Councilperson Julius Yea
Councilperson Samuel Yea
2.) Tom Lowe- 2012- OR -35- Changing the zoning map real estate located at 2711 East 10th 1
street, Jeffersonville, Clark County, Indiana being 1.059 Acres from C2 (medium to large
scale general commercials) to C1 (small to medium general commercial): '
Corporation Counsel Tom Lowe presented Ordinance 2012 -OR -35 and requested a public
hearing. Council President Zastawny OPENED a PUBLIC HEARING at 7:55 P.M. Mike Hutt
asked if there was any information as to what this area was going to be and councilperson
Sellers responded that they were positive what business would be going in the area. With
no further public comment, Council President Zastawny CLOSED the PUBLIC HEARING at
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7:57 P.M. Mr. Lowe requested approval of the changing of zoning of real estate at 2711 East
10 Street from a C2 to a C1. Mr. Lowe stated that Planning and Zoning did give a favorable
recommendation for this ordinance on a vote 5 -0. Councilperson Payne made a motion to
APPROVE the zoning change on the 1 reading, with Councilperson Julius seconding,
PASSING unanimously on a vote of 8 -0.
3.) Tom Lowe /Scott Lewis- 2012- OR -36- Regulating door -to -door solicitation, peddling, and 1
transient merchants (repealing 2011- OR -70): Mr. Lowe presented 2012 -OR -36 to the
Council for approval of regulating door -to door solicitation, peddling, and transient
merchants. Mr. Lowe discussed the contents of the ordinance and the extensive application
process it requires for one to obtain a solicitation license. Mr. Lowe described the
differences in this ordinance compared to 2011 -OR -70 being repealed with the biggest
change being the increase in bonding, the 30 day response time for the police department,
and the final approval falling on the Board of Public Works. Councilperson Payne expressed P.
some concerns for door to door sales and yard work of students. The general consensus of E
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the council was that some revisions are still to be done within the ordinance pertaining to 1'
students and fundraising. Councilperson Smith made a motion to PASS 2012 -OR -36 on the #'
1 reading; Councilperson Gill seconded the motion, PASSING unanimously on a vote of 8 -0.
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4) Mike Smith — 2012 -R -12 A Resolution Implementing a Freeze In Capital Expenditures for
Remaining of Calendar Year of 2012 Until Further Approval By The Common Council.
Councilperson Smith introduced 2012 -R -12 stating that during the budget process in order
the meet the levy and to cover bonding cost and Department of Local Government Finance
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(DLGF) the amount is inflated in order to allow for any changes along the way. Any capital
expenditure we had to meet the levy reverts to the City Council, as some of the
departments were under the impression moneys left over at the capital expenditure could i
be used as their discretionary funds. Process through this Resolution Capital Expenditures 1
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will be in the Common Council Budget, department heads to receive bids present and
approved by the Common Council and any money remaining will stay in the Council Budget 1,
under Capital Expenditures. Controller Harmon raised the question if anyone had checked
with the State Board of Accounts (SBOA) the budget has been appropriated and approved
and the Council is taking action to reduce the budget.
Mr. Lowe reported as of today he had sent out for notice of advertisement an RFP for two
1500 gallon per minute Fire Pumper Apparatus from LOIT. On September 19, 2012, the bids
are to be opened during ened durin the BPW meeting. Councilperson Samuel stated, as he understands t
the Resolution before pulling the trigger, the department head will get the quotes and bring
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before Council for pre - approval. In the past, if there were money left over in the budget t
, they would purchase other equipment.
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Councilperson Samuel made the motion to PASS 2012 -R -12 with the following: To remove
the word Freeze and insert Change, removed the s on Expenditures and insert the word
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Purchases in the Title of the Resolution. In the second WHEREAS paragraph line three
remove freeze and insert the word change, line four remove the s from expenditures and
insert the word purchases and a period. Now, THEREFORE BE IT RESOLVED, line 2removed t
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freeze and insert the word change, remove s from expenditures and insert the word
procedures. Remove the remaining wording in lines thee, four and five. Add the sentence
All capital expenditure purchases must be pre-approved by the City Council. Seconded b
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Councilperson Glover, passing unanimously on a vote of 8 -0. Council President Zastawny
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requested a roll call vote.
COUNCILPERSON AYE NAY t
SMITH YES
PAYNE Yes
SELLERS YES 1
GILL YES t
GLOVER YES
ZATAWNY YES
JULIUS YES
SAMUEL YES 1
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C: REPORTS AND COMMENTS:
1) Public Comment: fr`
Greg Sekula, AICP with Indiana Landmarks addressed the Council regarding Big Four Bridge
Approach Ramp Project. Mr. Sekula stated in early November 2011 Indiana Landmarks
communicated in writing to Mayor Moore with concerns over the fate of several historic
residential properties in the Old Jeffersonville Historic District. Mr. Sekula spoke of the
Memorandum of Agreement (MOA) with the Indiana Landmarks and the City of Jeffersonville
that states, "Indiana Landmarks request that the City of Jeffersonville take the necessary
steps to re- imitate consultation under Section 106 and that no action be taken by the City to
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demolish City -owned properties in the historic district until the matter is resolved. This
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request was made on July 9, 2012 to Mayor Moore as of this date has not received a
response and this is why Mr. Sekula decided to address the Council. Councilmembers replied
they are in support of Indiana Landmarks, recommended Mr. Sekula attend the next
Redevelopment Meeting next week and also after the council meeting speak with Mr. Lowe
representing the City Administration and Mr. Lewis, representing the City Council to help
with this issue.
2) COUNCIL COMMENTS:
Councilperson Samuel asked Mr. Sekula and Mr. Lowe if Historic Landmarks has made a
decision regarding the donation of Grasmere Gardens. Mr. Sekula reported he would be
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recommending to the board considering the donation of the park to the City or City Pride
with stipulation that if the City decides not to maintain to revert to Historic Landmarks.
Councilperson Samuel reported on the City website a survey for the Public Arts anyone could X
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go onto the website.
Councilperson Samuel asked Mr. Lowe for an update on the benches in public right -of -ways.
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Mr. Lowe stated the benches are being collected and companies are being notified they can
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be picked up and benches on private property are being pursued though code enforcements.
Councilperson Samuel reported negotiations have started with the police and fire,
Councilperson Glover is the lead for the council.
Councilperson Samuel requested on ordinances such as the Door -to -Door, anything that will
affect the public to be placed on the website and newsletter.
Councilperson Julius reported his resignation from the Redevelopment Commission and the
appointment by the council of Rob Stevens. One thing he has been an advocate for the
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bonding that the city is doing and the Mayor came up with a list of project around 38 million.
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His problem all along has been the council coming together and compile a list of projects the 1
council would like to see. Last Parks Authority meeting discussed bonding for Vissing Park
and a Soccer Complex approximately 7 million. Problem is we have to address the Consent
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interceptor line in four of five years, which will cost approximately 30 -35 million. The
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Council needs to pay attention and have a dialogue to assure the city does not bond
themselves out and when the Consent Decree and are we going to have enough bonding
capacity without having to raise sewer rates.
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Councilperson Glover reported that Councilperson Samuel, Julius, Gill, Mr. Lowe, Mr. Lewis,
attorney out of Indianapolis and he have met in regards to the police and fire negotiations to
start September 4 and September 5th
Councilperson Glover inquired about the scope of work on Highway 62 include the light at
Salem Noble Road. Councilmembers reported INDOT is in charge of the Tight.
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Councilperson Gill volunteers to help with the Door -to -Door Ordinance and willing to assist in
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any way.
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Councilperson Sellers stated she received several telephone calls about the "Wheels to I
Heels" program. Flyer stated to call your councilperson's Connie Sellers and Lisa Gill.
Councilperson Sellers told the callers this would take a lot of planning and nothing is going to
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be happening for some time
Councilperson Sellers regarding City Pride question regarding the Public Arts Commission. 1
City Pride has been working on an art project for the past year for Gaither Park,
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Councilperson Sellers wants to be assured this project is going to be continued due to the
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work City Pride, Jeff High and Cherry Hill Neighborhood Association have done. ,'
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Councilperson Payne reported he has been working with JTL regarding the redistricting
process. JTL should have maps for all councilmembers within the next couple of weeks and
will be scheduling a Public Meeting on the redistricting.
Councilperson Smith met today with Senator Grooms, Representative Stemler and a I
physician who has a pain management clinic, as an educational to receive information from i
the physician. Senator Grooms and Representative Stemler will be taking the information
back to the state for changes in legislations. Pain management legislations is a high priority
of the state legislators.
Councilperson Smith over the past weekend the Ruben Wells home was set on fire, and it is
assumed this was arson. The Carrico's are still very interested in the house and hoping
Redevelopment commits the dollars to the Carrico's. Councilperson Smith is very concern
with the vacant building and an advocate to get something done through Redevelopment.
Councilperson Smith reported that the City received a $250,000 grant for Chestnut Street for
curbs, sidewalks, lighting.
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Councilperson Zastawny wanted the public to know that there were two workshops tonight
before the council meeting, which has been four and one -half hours of meetings, first was on
the new Police Headquarters, seconded a consultant is working on the salary, wages and
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benefits for the City.
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Council President Zastawny stated this is the first time on a Zoning issue that there was
neither a favorable recommendation nor support from the City Councilperson of the District.
This was a very significant vote by the council.
Council President it is budget time and have a committee working together. The meetings
will occur between September 10 and September 21
ADJOURNMENT:
Councilperson Samuel made the motion to ADJOURN, seconded by Councilperson Julius.
Meeting adjourned at 9:30 P.M.
APPROVED BY:
Edward Zastawny, President
Connie Sellers, Vice - President
7 TEDBY % :
Vicki Conlin, City Clerk
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