HomeMy WebLinkAboutSeptember 3, 2013COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
September 3rd, 2013
The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500
Quartermaster Court, Jeffersonville, Indiana at 7:00pm, on Monday September 3rd, 2013.
Council President Connie Sellers, with Vicki Conlin, City Clerk, called the meeting to order at 7:00 pm.
President Seller asked those in attendance to stand as Councilperson Samuel gave the invocation.
Council President Sellers then led all those present in the Pledge of Allegiance to the Flag.
The roll call and those present were: Councilperson Smith, Councilperson Zastawny, Councilperson
Payne, Councilperson Gill, Councilperson Glover, Council President Sellers, Council Vice -President Julius,
Councilperson Samuel and Councilperson Owen
APPROVAL OF THE AGENDA:
Councilperson Owen made a motion to APPROVE the agenda with the removal of Number 11 under
New Business, with Councilperson Samuel seconding, PASSING on a vote of 9-0
MINUTES TO BE APPROVED:
Councilperson Samuel made a motion to APPROVE the minutes from August 19th, 2013 with
Councilperson Zastawny seconding, PASSING on a vote of 8-0-1 with Councilperson Owen abstaining.
CLAIMS TO BE APPROVED:
General Claims:
Mrs. Deering presented the general claims list to the council for approval in the amount of
$2,102,797.17. Councilperson Julius quested the $10,649 for legal services under City Court and stated
he thought that would go under the attorney general. Councilperson Sellers expressed concern about
passing this until clarification. Council President Sellers expressed concern over black out details on a
City Court claim and stated she wants to be sure they are very detailed. Councilperson Julius asked
about a claim from LOIT to Coyle Chevrolet. Police Chief Grimm stated that it is one of the previously
approved vehicles. Councilperson Smith questioned what the EEOC claim under PUF was and Council
President Sellers stated she believes it had to do with the complaints filed. Councilperson Owen asked if
the complaints involved the probation officers and if it can be paid out of PUF. Council President Sellers
stated she doesn't believe it did. Mr. Lewis stated it will probably need to be moved under the City Court
regular budget, but not to remove it because it is for services rendered. Councilperson Julius made a
motion to APPROVE the claims in the amount of $2,102,797.17 with Councilperson Smith seconding,
PASSING on a vote of 9-0.
Parks Claims:
Mrs. Deering presented the Parks Claims list with one hand carried claim to bring the total amount to
$24,577.82. Councilperson Owen made a motion to APPROVE the Parks claims list in the amount
$24,577.82 with Councilperson Gill seconding the motion, PASSING on a vote of 9-0.
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REPORT OF THE CLERK:
None
DEPARTMENT HEAD REPORTS:
1. Delynn Rutherford/Les Merkley- Memorandum of Understanding/2013-R-24 A Resolution
Approving an Inter local Agreement with Town of Clarksville for JAG Grant Award Program:
Mr. Merkley spoke before the Council on behalf of grant writer Delynn Rutherford asking for
approval of an Inter local agreement with the Town of Clarksville for the JAG Grant Award
Program. The total share for Jeffersonville is 45% coming to a total of $18,115 and can be used
for "basically anything" per Chief Grimm. Councilperson Owen made a motion to APPROVE
2013-R-24 with Councilperson Owen seconding, PASSING on a vote of 9-0.
2. Shane Corbin -Pedestrian and Bicycle Plan Presentation: Mr. Corbin briefly presented his
pedestrian and bicycle plan to the Council highlighting the four main routes that they will begin
with. Mr. Corbin stated that there are two steps to this plan and one is the programs and
policies implantation and the second is the planning and engineering part of the plan. These four
main routes to and from downtown are Hamburg Pike, 10th Street, 8th Street, and Utica Pike.
These roads were all studied to decide what the best plan for the particular road is to include
bike lanes or other bike trails. There are different ways to make the roads bicycle safe and this
study looked at which would work best for the particular roads. Mr. Corbin stated that the "low
hanging fruit", easiest route to begin with for the lowest cost, will be 8th Street because it is
already painted and wide enough to add a bike lane. The study also graded the routes based on
the level of bike experience and the difficulty of the roadway. Mr. Corbin stated that the next
steps are amending transportation element of comprehensive plan, looking at what can be
accomplished in house, develop a committee, and identify sources of funding. The Council
thanked him for giving that brief presentation.
3. A. Police Chief Grimm- Additional Software License Agreement for Mobile Units: Chief Grimm
stated that the Police Department is short on licensing and will need to take $5,000 from the
Continuing Education Non -Reverting fund to add to the $20,000 in the appropriate line item for
licensing. Councilperson Owen made a motion to APPROVE having the Controller's Office
advertise for an additional appropriation. Councilperson Zastawny seconded, PASSING on a vote
9-0.
B. Police Chief Grimm- Request Purchase of Advance Configuration in Kronos Telestaff: Chief
Grimm asked approval for the council to move $11,750 from LOIT to purchase an advance
configuration for Kronos to allow the system to work properly with the Police Department
scheduling. Chief Grimm expressed to the council that it is a pay as you go purchase.
Councilperson Zastawny made a motion to APPROVE the advertising for additional
appropriation of $11,750 to come out of LOIT. Councilperson Smith seconded, PASSING on a
vote of 9-0.
UNFINISHED BUSINESS:
1. Amy Deering — 2013 -OR -29- An Ordinance of Additional Appropriation (Passed on 1st and 2nd
reading): Mrs. Deering stated there were no changes. Councilperson Owen made a motion to
APPROVE 2013 -OR -29 on a Third and Final reading with Councilperson Smith seconding,
PASSING on a vote of 9-0.
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NEW BUSINESS:
1. News and Tribune- Marie Wolfe & Mary Tuttle- City Sponsorships Business Source and Fitness
Source: Ms. Tuttle came before the Council asking for approval of $300 per month to sponsor
the magazines stating that the city would receive ads in the magazine as well. Councilperson
Smith stated it would be good for Parks. Mr. Lewis stated that since it is a contract they will
need to go through a different board. Councilperson Julius asked to have this brought up at the
Parks Authority meeting and directed Ms. Tuttle to get in touch with Paul Northam.
2. Nathan Samuel- A. Public Arts Commission Report: Mr. Corbin spoke on behalf of the Public
Arts Committee and gave a brief report to the Council. Mr. Corbin, along with Dawn Spiker,
presented various ideas to the Council to initiate the beginning of this process. Mr. Corbin
stated that they have looked at how other communities have formed art districts and looking at
ways to initiate that process. One step, Mr. Corbin stated, is that they have put out a RFQ for an
Arts Administrator. They have done interviews and believe they have narrowed the selection
down to one individual, but have yet to begin negotiations. The commission is also looking into
possible art grants to fund the initiatives to begin this process. Ms. Spiker stated that they see
the first project being to place painted murals on utility boxes. Currently they have identified a
select amount that are owned by the city and would like to start that process soon. Ms. Spiker
also presented the idea of "art walks" to the Council. The council thanked them for their time
and hard work and look forward to seeing these initiatives.
B. Nathan Samuel — 2013 -OR -31- Ordinance establishing a Public Arts Non -Reverting Fund:
Councilperson Samuel asked for approval from the Council on a first and second reading for an
Ordinance to establish the non -reverting fund. Councilperson Samuel made a motion to
APPROVE 2013 -OR -31 on a First and Second reading, with Councilperson Owen seconding,
PASSING on a vote of 9-0.
3. Amy Deering 2013 -OR- 32 - An Ordinance of Additional Appropriation: Mrs. Deering presented
2013 -OR -32 for Council approval stating that this was what was presented for advertising at the
last meeting. Councilperson Smith made a motion to APPROVE 2013 -OR -32 on a First and
Second reading, with Councilperson Julius seconding, PASSING on a vote of 9-0. Councilperson
Samuel asked if the overtime they are appropriating will cover for the remainder of the year and
Mrs. Deering responded yes.
4. Les Merkley- PUBLIC HEARING - 2013 -OR -33 An Ordinance Changing the Zoning Map
Designation of 219 Fulton Street (BHNC,LLC):(20 and 21 on Agenda requested to be moved by
Mr. Merkley) J. Bruce Corky Scales came before the Council to speak on the behalf of his
petitioner, George Birch, the President of IAC. Mr. Scales went on to tell the Council that this is
the Corporate Headquarters of IAC and one of five offices in different states. Mr. Scales
requested that the City Council overturn the unfavorable recommendation by the Plan
Commission to rezone two parcels behind IAC. This project was to start five years ago and both
parcels would be rezoned to a N1. This project would allow for the addition of 30-35 employees
at the median of $50,000-100,000 per year. This new facility would be storage for air
compressors and supplies. They would like to vacate the alley as well and would leave the gates
open to emergency personnel. Councilperson Samuel asked about truck traffic. Mr. Scales
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stated they use market street route. Mr. Scales stated he believes this will greatly improve the
area
Public Hearing Open at 7:57 P.M.
• Mr. Kempf, business neighbor to IAC, came before the Council encouraging them to pass
this project. He stated that not only will it help a Jeffersonville local business, but will
also enhance the neighborhood greatly. Mr. Kempf spoke highly of the owners stating
they are full of integrity and truthful men that will deliver a 1st class project.
• Sue Muncy came before the Council to ask for them to vote down the rezoning stating
that property values are already down and will only get worse as the industrializing of
the area continues. Ms. Muncy stated she has lived in the neighborhood since 1986 and
has watched it grow continually worse.
Public Hearing Closed at 8:01 P.M.
5. Les Merkley — 2013 -OR -33 An Ordinance to Vacate a Public Right -Of -Way in the City of
Jeffersonville (The Old Levee) - Councilperson Payne made a motion to APPROVE 2013 -OR -33
with Councilperson Glover seconding.
Councilperson Samuel asked why the Plan Commission did not vote in favor of the rezone.
Councilperson Zastawny stated he believes that when rezoning you should look at the property
and the proposed usage. Councilperson Zastawny stated that the usage makes sense for the
rezoning and he believes the commission got a little mixed up with the views and the buildings
rather than the usage. Councilperson Sellers stated she supports it as long as the alley will be
open. Councilperson Smith requested that they put Knox boxes at the gates for fire and police
emergency access. Councilperson Julius stated he agrees that the area could use some
improvement.
The motion PASSES on a roll call vote of 9-0.
Yay Nay
Councilperson Smith Yay
Councilperson Zastawny Yay
Councilperson Payne Yay
Councilperson Gill Yay
Councilperson Glover Yay
Council Preside Sellers Yay
Councilperson Julius Yay
Councilperson Owen Yay
Councilperson Samuel Yay
6. Les Merkley: PUBLIC HEARING - 2013 -OR -34- An Ordinance to Vacate a Public Right -of -Way in
the City of Jeffersonville (The Old Levee) Mr. Merkley came before the Council to ask for the
vacation of the alley behind IAC and "The Old Levee" (public right of way). This particular
Ordinance is for "The Old Levee".
Public hearing open at 8:05 P.M.
Ms. Muncy came before the Council once again to reiterate her concern for the expansion of IAC
and asked the Council to please deny the vacation. She reiterated her concern revolving around
turning a residential area into an industrial area.
Public Hearing Closed at 8:07 P.M.
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7. Les Merkley — 2013 -OR -34 — An Ordinance to Vacate a Public Right -of -Way in the City of
Jeffersonville (The Old Levee)Councilperson Julius made a motion to APPROVE 2013 -OR -34 with
Councilperson Owen seconding, PASSING on a vote of 9-0.
8. Les Merkley- PUBLIC HEARING 2013 -OR -35- An Ordinance to Vacate Approximately 2035
Square Feet of Part of 10 Foot in Block 41 in the City of Jeffersonville
Mr. Merkley explained that this Ordinance is for the alley previously mentioned in regards to IAC.
Public hearing open at 8:08 P.M.
No Public Comment
Public hearing closed at 8:09 P.M.
9. Les Merkley — 2013 -OR -35 An Ordinance to Vacate Approximately 2035 Square Feet of Part of
10 Foot in Block 41 in the City of Jeffersonville
Councilperson Owen made a motion to APPROVE 2013 -OR -35 with Councilperson Payne
seconding, PASSING on a vote of 9-0.
10. Les Merkley — 2013-R-25 A Resolution Amending the Resolution of the Jeffersonville
Redevelopment Commission Entitled "Declaratory Resolution of the Jeffersonville
Redevelopment Commission" (Falls Landing Area):
11. Les Merkley 2013-R-26 —A Resolution Amending the Resolution of the Jeffersonville
Redevelopment Commission Entitled "Declaratory Resolution of the Jeffersonville
Redevelopment Commission" (Inner City Road)
Mr. Merkley stated Resolution would amend the Economic Development plan to include the
construction of the new marina. An application had been made to the Corps for the project,
they will have a final say, and there will be a public comment section of the process as well. Mr.
Merkley also stated that Redevelopment has accepted responsibility to maintain the docks. Mr.
Merkley stated the construction would be done in two phases to not displace any renters.
Council President Sellers asked if a feasibility study has taken place and Mr. Merkley stated it
has not. Council President Sellers asked if a group of people for a board have met yet and Mr.
Merkley responded that the Mayor has met with boat renters on more than one occasion and
he believes this is where the two construction phases to not displace renters were set up. Mr.
Merkley informed the council that there is an estimated cost of $2 million dollars. Councilperson
Smith emphasized that the cost may be cut down with help from the greenway and Mr. Merkley
stated that Mrs. Rutherford is looking into possible grants. Council President Sellers stated she
was hesitating to approve anything until a feasibility study was done. Councilperson Smith
stated he was hesitating to approve until the letter to the dock renters goes out because there
has been some confusion with the renters. Councilperson Owen asked if the Council could just
approve it contingent on the letters going out to the dock renters. Councilperson Glover
expressed concern that this is a Resolution to amend the plan to move forward with the project
and sending out letters on something that is not approved is like "putting the cart before the
horse." Councilperson Smith stated the letters were displacing letters. Mr. Merkley stated that
nobody was going to be displaced and Councilperson Julius stated that this why they are waiting
on the letters to go out.
Councilperson Julius made a motion to TABLE 2013-R-25 and 2013-R-26 until the next
meeting. Councilperson Zastawny seconded the motion. Councilperson Owen asked why they
want to table the issue and asked if the letters going out or not will keep the project from
moving forward. Councilperson Smith stated to him it will keep it from moving forward because
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the renters have been told one thing and then another thing and would like to see that they are
not being displaced. Councilperson Glover expressed concern about the project being held up
and Council President Sellers expressed concern about the cost. Councilperson Owen clarified
that you have a cost estimate of $2 million and you will not a hard cost up front. Council
President Sellers stated she still wants to know a feasibility study and that if the docks are built
that they will be used and at what rate will be appropriate. Councilperson Glover stated that
when you drive across the bridge and look at the docks they look like a "dump" and this is a plan
to help revitalize the whole downtown. Council President stated she will support that, but she
wants a feasibility study done. Councilperson Zastawny stated that they never stop
Redevelopment from doing there due diligence and spending a little money. Councilperson
Glover stated that if he was on Redevelopment he wouldn't want to spend the money without
approval from the Council saying that they are on board with the project. Councilperson
Zastawny stated he supports the project and supports tabling it. He also stated he will be more
comfortable approving it with some more details and supports the opinion of the Councilperson
district this project is in.
Motion PASSES on a vote of 6-3 with Councilpersons Payne, Glover and Owen voting Nay.
12. Les Merkley- Green Circle Equity Recommendations- Employee Pay Scale: Mr. Merkley
presented a spreadsheet from the H.R. Department that will raise the people from Ms. Gross's
study to the pay her study is saying they should be paid at. This study and request is based on
the new pay range scale. The top of the chart in green is the individuals who need to be brought
up to the minimum of the pay range. The bottom of the chart is those employees who are under
the mid -point and have been employed for 3-4 years. Councilperson Smith stated that he
supports the move of those in the green to the minimum of their pay range. Council President
Sellers stated that those on the bottom part of the chart are because of the new hires that are
being paid more than individuals who have been here longer. Councilperson Zastawny stated
that the green highlighted ones are an easy move. Councilperson Julius stated he supports the
move of the green highlighted individuals but would like to discuss this further. Councilperson
Smith suggested a workshop and Mr. Merkley asked if they would like Mrs. Gross to come in to
speak and Councilperson Sellers asked for Mrs. Calabro to speak instead to keep costs down.
Mr. Merkley stated he will do an Ordinance for the green highlighted employees and one for the
bottom half of the chart with the green highlighted part being retroactive.
13. Les Merkley- PUBLIC HEARING 2013 -OR -36 - An Ordinance Changing the Zoning Map
Designated of a Certain Tract of Property Located at Georgia Crossing, Section II Lot A -Mr.
Merkley stated this rezoning for Georgia Crossing received an unfavorable recommendation at
the plan commission. Councilperson Julius spoke with David Blakenbaker, the petitioner, and he
is most likely not at the meeting due to not having the support right now. This would take a
multi -family complex and make it a small commercial zoning leading to possible disruption of a
neighborhood.
Public hearing opens at 8:32 P.M.
No Public Comment
Public hearing closed at 8:32 P.M.
14. Les Merkely 2013 -OR -36 An Ordinance Changing the Zoning Map Designated of a Certain Tract
of Property Located at Georgia Crossing, Section II Lot A- Councilperson Owen made a motion
to APPROVE 2013 -OR -36 with anticipation of voting it down with Councilperson Julius
seconding, FAILING on a vote of 0-9.
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15. Les Merkley- 2013 -R -27—A Resolution Approving Inter Local Agreement with Greater Clark Co.
Schools for Thompson Lane: Mr. Merkley presented a Resolution to the Council for approval an
Inter Local Agreement with the Greater Clark Co. Schools and Redevelopment to allow an
interchange at Thompson Lane. Greater Clark is giving the city of Jeffersonville permission to
use the property in front of the old school building. It would connect to give access to the high
school as well. Councilperson Samuel made a motion to APPROVE 2013-R-27 with
Councilperson Owen seconding, PASSING on a vote of 9-0.
16. Les Merkley- 2013 -R -28-A Resolution Approving Inter Local Agreement for Creation of a Fiscal
and Operations Board for the Clark County 911 System and to Begin Consolidation of Clark
County Public Service Access Points: Mr. Merkley presented the Inter Local Agreement for
approval to take the first step in consolidating the 911 system. The steering committee met and
came up with this agreement. This establishes a fiscal board for the money and establishes an
operations board for day-to-day operations. Each board will have representative from each
community. Councilperson Smith stated he was on the steering committee and this is the first
step to this consolidation. Councilperson Samuel made a motion to APPROVE 2013-R-28 with
Councilperson Owen seconding, PASSING on a vote of 9-0.
17. Les Merkley- PUBLIC HEARING 2013 -OR -37- An Ordinance Changing the Zoning Map
Designation of 2032 Hamburg Pike (VanKleff HVAC, Inc.) Mr. Merkley presented a zoning
change before the Council for 20322 Hamburg Pike. Mr. Vankleff of Warner Heating and Air
Conditioning spoke before the Council requesting to move his business to this location.
Councilperson Zastawny stated it received a favorable recommendation and this is his district
and he does support it.
Public hearing open at 8:42 P.M.
Public hearing closed at 8:43 P.M.
18. Les Merkley — 2013 -OR -27- An Ordinance Changing the Zoning Map Designation of 2013
Hamburg Pike (Vankleff HVAC, Inc.) Councilperson Zastawny made a motion to APPROVE 2013 -
OR -37 with Councilperson Julius seconding, PASSING on a vote of 9-0.
19. Les Merkley- 2013 -OR -38 - An Ordinance Changing the Zoning Map Designation of 308 E
Chestnut Street (Springhurst Investments) (public hearing required): Mr. Merkley presented a
rezoning Ordinance for 308 E. Chestnut Street and there was an unfavorable recommendation
from the plan commission. Mr. Smith, representative of the petitioner, asked for the Council to
table the matter until the next meeting because they are looking into the possibility and
potential uses that may not require them to rezone. Councilperson Owen asked why tabling the
matter if they are going to vote with the unfavorable recommendation. Councilperson Zastawny
explained that they would have to wait and go before Planning and Zoning again and tabling
would not require them to start the process over. Mr. Smith asked for the opportunity to
reassess the situation. Councilperson Owen stated he is not sure that tabling will change the end
result. Councilperson Glover made a motion to TABLE 2013 -OR -38 with Councilperson Samuel
seconding, PASSING on a vote of 8-1 with Councilperson Owen voting nay.
PUBLIC COMMENT:
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None
COUNCIL COMMENT:
None
Councilperson Julius made a motion to ADJOURN at 8:48 P.M. with Councilperson Gill seconding,
PASSING on a vote of 9-0
ATTESTED BY:4..L__,
\
Vicki Conlin, City Clerk
A :PROVED BY:
Connie Sellers, President
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