HomeMy WebLinkAboutSeptember 16, 2013COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
September 16th, 2013
The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500
Quartermaster Court, Jeffersonville, Indiana at 7:OOpm, on Monday September 16th, 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 Bobby Campbell 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 Gill, Councilperson Glover,
Council President Sellers, Council Vice -President Julius, Councilperson Samuel. Councilpersons Absent
was Councilperson Owen, Councilperson Zastawny, and Councilperson Payne.
APPROVAL OF THE AGENDA:
Councilperson Glover made a motion to APPROVE the agenda with Councilperson Samuel seconding,
PASSING on a vote of 6-0
MINUTES TO BE APPROVED:
Councilperson Glover made a motion to APPROVE the minutes from September 3rd, 2013 with
Councilperson Samuel seconding, PASSING on a vote of 6-0
CLAIMS TO BE APPROVED:
General Claims: Mrs. Deering presented the claims list to the council with a hand carried claim in the
amount of $33,630.00 with a new total of $731,642.42. The hand carried claim is for a garbage truck and
will come from EDIT. Councilperson Gill made a motion to APPROVE the claims list in the amount of
$731,642.42 with Councilperson Glover seconding PASSING on a vote of 5-0-1 with Councilperson Julius
abstaining.
Parks Claims: Mrs. Deering presented the parks claims in the amount of $78,336.74. Councilperson
Samuel commented on the large sewer bill for parks and reminded the council to ask Mr. Northam
about meters at the next parks meeting. Councilperson Samuel made a motion to APPROVE the parks
claims in the amount of $78,336.74 with Councilperson Gill seconding, PASSING on a vote of 5-0-1 with
Councilperson Julius abstaining.
REPORT OF THE CLERK:
Mrs. Conlin informed the council that she will be going to BPW for approval of the renewal of the BIS
digital contract. The updated software will cost the Clerk's office $800.00 that is already a line item in
the budget.
DEPARTMENT HEAD REPORTS:
Eric Hedrick: Fire Chief Eric Hedrick came before the council for clarification on the moving of certain
funds. Mr. Hedrick stated that money had been spent on air compressors in the beginning of the year
from the 400 series and when that series was cut, the money needs to be taken from another line item.
The total amount was $2,456.74 and it was for air compressors, equipment, gear and uniform items.
Councilperson Smith stated that they recently moved $10,000.00 to repair and equipment and asked if it
can come from that money. Chief Hedrick also stated that it came from 451 originally and Mrs. Deering
announced that she could prepare a transfer from one series to another. Chief Hedrick stated that there
is also a $5,220 expense for inspections on air that normally comes from that line item of gear. Council
President Sellers stated that in the future that should be budgeted into the 300 series as contractual
services so it is not cut. Chief Hedrick stated the total is $7,776.00 and asked if it should come from LOIT
and be appropriated. Councilperson Samuel stated that he would rather expend the money that is
already in the budget and the have them come back at the end of the year if they run short. Council
President Sellers stated that the $5,000.00 needs to be in contract services. Mrs. Deering stated she
would prepare a transfer among series for the next meeting. Mr. Lewis stated this did not need to be
advertised.
UNFINISHED BUSINESS:
1. Nathan Samuel — 2013 -OR -31 An Ordinance Establishing A Public Arts Non -Reverting Fund
(Passed on 1st and 2nd Reading 9/3/13): Councilperson Samuel made a motion to APPROVE
2013 -OR -31 on a Third and Final Reading to establish a Public Arts Non -Reverting Fund.
Councilperson Gill seconded the motion, PASSING on a vote of 6-0.
2. Amy Deering — 2013 -OR -32 -An Ordinance of Additional Appropriation (Passed on 1st and 2nd
reading 9/3/13): Mrs. Deering presented 2013 -OR -32 for a third and final reading to
appropriate additional funds. Councilperson Gill made a motion to APPROVE 2013 -OR -32 on a
Third and Final Reading, with Councilperson Julius seconding, PASSING on a vote of 6-0.
3. Les Merkley- 2013 -OR -38- An Ordinance Changing the Zoning Map Designation of a Certain
Tract of Property Located at 308 E. Chestnut Street (Tabled 9/3/13): Mr. Merkley presented
the zoning ordinance that was requested by the petitioner to be tabled at the last meeting. Mr.
Merkley stated that the petitioner was not present tonight. This proposal is to rezone the
property from an M1 to a M2 and received an unfavorable recommendation from planning and
zoning. Council President Sellers OPENED the PUBLIC HEARING at 7:21 P.M.
• Dan Christensen spoke as a neighborhood resident urging the council to vote down this
rezoning. Mr. Christensen stated that it wasn't the intent of the current owner, however
the concern lies in what the property could potentially be used for years down the road
when sold.
• Kelly Datillo spoke as a neighborhood resident also urging the council to vote down this
rezoning. Ms. Datillo stated that her concern was with any future owners and the
possibility of another "wellness center" because once the area was rezoned, they could
potentially put in anything.
Council President Sellers CLOSED the Public Hearing at 7:24 P.M.
4. Les Merkley 2013 -OR -39 An Ordinance Changing the Zoning Maps Designation of a Certain
Tract of Property Located at 308 E. Chestnut Street. (Tabled 9/3/13)
Councilperson Smith made a motion to PASS 2013-0R-38 with anticipation of voting the
ordinance down. Councilperson Julius seconded the motion, FAILING on a vote of 0-6.
NEW BUSINESS:
1. Amy Deering- Council Acceptance of Tax Increment Financing Districts Comprehensive Report:
Mr. Merkley spoke on behalf of Mrs. Deering stating that this is a statutory requirement to send a
report to the council outlining current TIF's and the 2012 beginning and ending balance as well as
expenditures. The Council will need to accept this report and submit it to the Department of
Local Government Finance. Mr. Merkley stated that the Falls Landing TIF shows a negative ending
balance, but that reimbursement came in in the beginning of the 2013 year and is now in the
positive. Councilperson Samuel made a motion to ACCEPT the report with Councilperson Julius
seconding, PASSING on a vote of 6-0.
2. City Council Attorney Report: Mr. Lewis came before the council to discuss a few choices that
the council has regarding legal matters with the Redevelopment Commission. Mr. Lewis stated
that there are two issues to address. The first issue is the leases for the museums on property
formally purchases as part of the storm water conveyance system. Mr. Lewis stated it was his
opinion that the usage of this property would be a change that would have needed to come
before the City Council. Mr. Lewis has sent a letter to the Redevelopment Attorney regarding the
leases and the belief that they are invalid and never received a response.
The other issue is the purchase of Non TIF property by Redevelopment that is adjacent to Duffy's
Landing and Mr. Lewis' opinion was they did not have authority for this purchase. Mr. Lewis told
the council that they have the option of filing a declaratory Judgment against Redevelopment but
warned the council that it would name all parties involved including the museums.
Councilperson Smith stated he talked to Mr. Corbin today and he did inform him that the
property for the museum was not zoned properly and Councilperson Smith expressed his regret
that people were spending money for something that hasn't even gone through the proper
process. Mr. Lewis stated that a stop work order should be issued until the proper procedures
have been completed. Council President Sellers stated she felt that the rezoning was the most
important issue to deal with first instead of whether the Redevelopment Commission should
have come to them for the change in the plan or not. Council President Sellers suggested the
council authorize Mr. Lewis to file the judgment unless they can reach an agreement between
the attorneys with planning and zoning. Mr. Lewis stated that they can withdraw the judgment at
any time they wish.
Councilperson Smith made a motion AUTHORIZE Mr. Lewis to file a Declaratory Judgment against
the Redevelopment Commission, Museum owners, and Planning and Zoning Department unless
an agreement is otherwise reached between attorneys. The motion is to include the Rezoning
issue and the changing of the Plan to be brought back before the council. Council President
Sellers read a portion of the lease that names the owners stating they would need to follow
proper procedures to complete rezoning if necessary and Council President Sellers stated that
the City as a landlord has not followed through to be sure this process is followed. Councilperson
Julius seconded the motion, PASSING on a vote of 6-0.
Regarding the issue of the purchase of land outside of the TIF district, Mr. Lewis stated that if
they do a Declaratory Judgment they would have to name all parties involved, including the
people who sold the property to Redevelopment. Councilperson Smith made a motion to
AUTHORIZE Mr. Lewis to file a Declaratory Judgment against Redevelopment and the landowners
who sold the property, regarding the purchase of property adjacent to Duffy's Landing by
Redevelopment that is outside the TIF district and not in the plan presented to the Council.
Councilperson Julius seconded, PASSING on a vote of 6-0.
PUBLIC COMMENT:
None
COUNCIL COMMENT:
Councilperson Smith: Stated that there was an article in the Evening News that talked about the people
who still owed money to the Sewer Department and Haven House was quoted saying they will not pay
because the Animal Shelter doesn't pay a sewer bill. Councilperson Smith clarified that the Animal
Shelter has paid a sewer bill for many years and there is a paper trail proving so.
Councilperson Gill: Stated she would be with a few other Council Members, Clerk and Department
Heads at the IACT conference and would not be at the next council meeting, which would be her
absence for the first time since election.
Councilperson Glover: none
Council President Sellers: stated she just returned from Colorado and was there for the flooding disaster
they are experiencing. Council President Sellers emphasized for everyone to keep the residents of that
area in your thoughts and prayers, especially for those 200 that are still missing.
Councilperson Julius: none
Councilperson Samuel: Thanked City Attorney Les Merkley for making sure to pass on the message
about the entrances being mowed. Councilperson Samuel also stated that the weekend of October 25th -
27th there will be about 10 utility boxes being painted. The Arts Committee will find a way to promote
this on the City Website or other places.
Councilperson Smith made a motion to ADJOURN at 7:51 P.M. with Councilperson Gill seconding,
PASSING on a vote of 6-0
ATTESTED BY:
Vicki Conlin, City Clerk
APP OVED BY:
Connie Sellers, President
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