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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 C