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HomeMy WebLinkAboutNovember 4, 2013COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA November 4th, 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 November 4th, 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 Glover, Council President Sellers, Councilperson Gill, Councilperson Payne, Councilperson Julius, Councilperson Owen, and Councilperson Samuel. Absent: Councilperson Zastawny. APPROVAL OF THE AGENDA: Councilperson made a motion to APPROVE the agenda with removal of number 1 and two under new business and moving numbers 11 and 12 into those number 1 and 2 spots. There is also an addition of Nathan Samuel into number 10 under New Business. Councilperson seconded, PASSING on a vote of 8- 0. MINUTES TO BE APPROVED: Councilperson Samuel made a motion to APPROVE the council meeting minutes from October 21, 2013 with Councilperson Gill seconding, PASSING on a vote of 7-0-1 with Councilperson Glover abstaining. Councilperson Gill made a motion to APPROVE the council special session minutes from November 1St, 2013 with Councilperson Julius seconding, PASSING on a vote of 7-0-1 with Councilperson Glover abstaining. CLAIMS TO BE APPROVED: General Claims: Councilperson Owen made a motion to APPROVE the claims list in the amount of $1,334,164.69. Mrs. Deering stated that there were some duplicate lease payments entered and that is why this amount in the motion is different from what the claims list said originally. Councilperson Gill seconded, PASSING on a vote of 8-0. REPORT OF THE CLERK: None DEPARTMENT HEAD REPORTS: Charlie Heavrin: Requested the council approve two more part time people for the Animal Shelter into the salary ordinance. These employees were approved months ago by the council and they were hired to reduce staff stress and overtime. The approval was given, but the change was never made in the 1 salary ordinance. Councilperson Owen made a motion to APPROVE Mrs. Calabro making that change in the salary ordinance. Councilperson Gill seconded, PASSING on a vote of 8-0. UNFINISHED BUSINESS: 1. SCOTT LEWIS — 2013 -OR -42 An Ordinance Amending Ordinance 2011 -OR -73, Which Said Ordinance Amended Ordinances 1997 -OR -73, 2007 -OR -1 and 2008 -OR -16 Creating an Advisory Drainage Board (Passed on 1St Reading 10/21/13): Councilperson Julius made a motion to APPROVE 2013 -OR -42 on a Second Reading with Councilperson Payne seconding. Council President Sellers stated that they have approached another attorney's office to look over the ordinance because of the conflict of interest with Mr. Lewis. Councilperson Gill stated they can have an opinion letter by the next meeting. The motion PASSES on the following roll call vote of 5-3. ROLL CALL YES Councilperson Smith Councilperson Payne YES Councilperson Gill Councilperson Glover YES Council President Sellers YES Council Vice -President Julius YES Councilperson Owen Councilperson Samuel YES NO NO NO NO Councilperson Samuel made a motion to AUTHORIZE Council President Sellers to sign a contract with Frost, Brown, and Todd for review of an ordinance. Councilperson Julius seconded PASSING on a roll call vote of 5-3. ROLL CALL YES Councilperson Smith YES Councilperson Payne Councilperson Gill YES Councilperson Glover Council President Sellers YES Council Vice -President Julius YES Councilperson Owen Councilperson Samuel YES NO NO NO NO 2. Kim Calabro- 2013 -OR -43 An Ordinance Amending Ordinance 2013 -OR -22, 2013 -OR - 12, 2013 -OR -2, 2012 -OR -49. Fixing the Salaries of Appointed Officers and Employees for All the Departments for the Year 2013 (passed on 1St reading 10/21/13): Mr. Ashack asked the council for approval of the ordinance with the addition of a new position in WWTP. The Sewer Board has already approved the position and the person would be a Plant Supervisor. This position would be non-exempt and require a Class 3 2 Operator License. Councilperson Glover made a motion to APPROVE 20130R-43 to include the two additional Part-time Kennel Attendants in the Animal Shelter. Councilperson Julius seconded, PASSING on a vote of 8-0. 3. Amy Deering —PUBLIC HEARING 2013 -OR -44 An Ordinance for Additional Appropriation (Public Hearing per advertisement to be held on November 18, 2013 at 7:00 P.M): Mrs. Deering asked to have the public hearing wait until the next meeting because it was not published for November 18th, 2013. 4. Amy Deering — 2013 -OR -44 An Ordinance for Additional Appropriation (Passed on 1St reading 10/21/13): Mrs. Deering requested this only be approved on a Second Reading. Councilperson Owen made a motion to APPROVE 2013 -OR -44 on a second reading with Councilperson Julius seconding, PASSING on a vote of 8-0. NEW BUSINESS: 1. Les Merkley — 2013-R-31 A Resolution Amending the Resolution of the Jeffersonville Redevelopment Commission Entitled "Declaratory Resolution of the Jeffersonville Redevelopment Commission" (Falls Landing Area): Mr. Lanz from JTL gave a brief presentation regarding the marina. Mr. Lanz showed some conceptual pictures and explained some key points as the amount of boat slips will be fifty-four and that the docks will not be floating docks. Mr. Lanz stated there will also be a sewage pump out station as well as a fishing pier that extends 200 feet over the River. The estimated amount is $2.2 million using a $153,000 grant and existing TIF funds. The construction will also be done in phases so as to not displace current renters. Councilperson Smith stated he supports the marina project but the concern is that the slips will be torn out before the Corps of Engineers grant the city the permits. Mr. Lanz stated that the corps has jurisdiction over the entire project. Mr. Lanz stated he feels the approval of this is important to send the Corps a message showing the city's united support for the project. Council President Sellers stated she would like to see the construction documents. Councilperson Owen made a motion to APPROVE 2013-R-31 with Councilperson Glover seconding. The motion FAILS on a roll call vote of 3-5. ROLL CALL YES NO Councilperson Smith NO Councilperson Payne YES Councilperson Gill NO Councilperson Glover YES Council President Sellers NO Council Vice -President Julius NO Councilperson Owen YES Councilperson Samuel NO 3 2. Les Merkley — 2013-R-32 A Resolution Regarding the Amendment of the Inner City Road Economic Development Plan: Councilperson Owen made a motion to APPROVE 2013-R-32 with Councilperson Payne seconding. The motion FAILS on a roll call vote of 3-5. ROLL CALL YES NO Councilperson Smith NO Councilperson Payne YES Councilperson Gill NO Councilperson Glover YES Council President Sellers NO Council Vice -President Julius NO Councilperson Owen YES Councilperson Samuel NO 3. Les Merkley —PUBLIC HEARING —2013 -OR -46 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located on a 4.8 Acre Parcel and Fully Described in Attached Exhibit A from C1 to C2 (Notice Attached to Ordinance): Council President Sellers OPENED the public hearing at 8:15 P.M. a. Mike Czape: As a resident of the area where the proposed zoning change is, Mr. Czape asked for the council to vote no for this change. Mr. Czape stated that they have done a lot of beautification on that corner and the storage facility will not fit the area. b. Richard Eklund: stated he has been very pleased with the improvements of the area and that because this is mostly residential he is concerned about the traffic and the monitoring of the area. He also requested a no vote of the council. Council President CLOSED the public Hearing at 8:24 P.M. 4. LES MERKLEY— 2013 -OR -46 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located on a 4.8 Acre Parcel and Fully Described in Attached Exhibit A from C1 to C2: Mr. Merkley introduced Greg Fifer who represents the petitioner. Mr. Fifer stated this will be storage facility for boats and RV's and that all storage will be inside. There will no open striking on the site and the site will be paved. Mr. Fifer stated that the petitioner is willing to comply with the commitment of a 6ft buffer and 6ft trees. Mr. Fifer stated the units are set back off the road and only 6 units are along Middle Road. Councilperson Samuel stated that Councilperson Zastawny sits on the plan commission and he emailed Councilperson Samuel stating that he supports this when it came from, but he requests that the council votes no and require the petitioner to go through the process to correct the barrier. Councilperson Owen stated there are a lot of thing in c2 zoning that are already permitted there and reminded the council that they are only focusing on the zoning and not the specifics. Councilperson Owen made a motion to APPROVE 2013 -OR -46 with Councilperson Payne seconding, TABLING the zoning ordinance due to a vote of 4-4. ROLL CALL YES NO Councilperson Smith NO Councilperson Payne YES Councilperson Gill NO Councilperson Glover YES Council President Sellers YES 4 Council Vice -President Julius Councilperson Owen Councilperson Samuel YES NO NO 5. Les Merkley —PUBLIC HEARING — 2013 -OR -47 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 3111 E. Tenth Street and 3115 E. Tenth Street and Fully Described in Attached Exhibit A From R1 to C1 (Notice Attached to Ordinance): Council President Sellers OPENED the public hearing at 8:29 P.M. and CLOSED the public hearing at 8:30 P.M. 6. Les Merkley — 2013 -OR -47 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 3111 E. Tenth Street and 3115 E. Tenth Street and Fully Described in Attached Exhibit A From R1 to C1: Mr. Merkley again presented Mr. Fifer for the petitioner. Mr. Fifer stated that this is two Tots that are looking to be AT&T store. The corner is already commercial and this particular zoning change will need to go back to plan commission for all detail approval. Councilperson Owen made a motion to APPROVE 2013 -OR -47 with Councilperson Samuel seconding, PASSING on a vote of 8-0. 7. Amy Deering — 2013 -OR -48 An Ordinance of Additional Appropriation (Public Hearing per advertisement to be held on November 18, 2013 at 7:00 P.M, Notice attached to Ordinance): Mrs. Deering stated public hearing is advertised for the next meeting and requests a 1st and 2"d reading on this ordinance. Councilperson Samuel made a motion to APPROVE 2013 -OR -48 on First or Second Reading with Councilperson Gill seconding, PASSING on a vote of 8-0. 8. Scott Lewis — 2013 -OR -49 An Ordinance to Amend the City Promotional Fund: Mr. Lewis presented this ordinance as an introduction to the Council to outline the type of expenses that are authorized from the promotional fund. This will give specific detail of what is general promotion of the city. Councilperson Julius made a motion to APPROVE 2013 -OR -49 on a First Reading with Councilperson Julius seconding, PASSING on a vote of 8-0. 9. Scott Lewis- Proposal to Terminate Water Service for Delinquent Sewer Customers: Mr. Lewis proposed to the council the idea of an ordinance that would shut off water for delinquent customers. The contract with Indiana American Water would be with the Sewer Board but the ordinance would need to come from the Council. There are currently 1 million dollars in delinquent sewer bills. Mr. Lewis asked the council to consider what details they would want in the ordinance. Councilperson Samuel made a motion to AUTHORIZE Mr. Lewis to draft an ordinance and bring it back before the Council. Councilperson Julius seconded, PASSING on a vote of 8-0. 10. Nathan Samuel- Marina Resolution 2013-R-33: A Resolution Supporting the Initial Planning of a Proposed Marina Project Within the City of Jeffersonville: Councilperson Samuel presented a resolution to the Council that will demonstrate to the Corps the support of the marina from the Council, but without the council approving the actual project. Councilperson Payne stated he would not vote for this resolution because he felt it told the Corps that the Council didn't see the project as ready thus confirming that the permits should not be approved. Councilperson Glover expressed frustration that this is redundant to what they already voted for in the resolution to amend the plan. Councilperson Samuel stated that the resolution does state that 5 nothing can start on the project until the permits are approved. Councilperson Owen stated he doesn't believe the Council has the authority to enforce this resolution. Councilperson Samuel made a motion to APPROVE 2013-R-33 with Councilperson Julius seconding, PASSING on a roll call vote of 5-3. ROLL CALL YES Councilperson Smith YES Councilperson Payne Councilperson Gill YES Councilperson Glover Council President Sellers YES Council Vice -President Julius YES Councilperson Owen Councilperson Samuel YES City Council Attorney Report: NO NO NO NO Mr. Lewis presented a Uniform Conflict of Interest Disclosure Statement that is required for the Council to sign in regards to Councilperson Julius' business, Walnut Ridge, because they are a vendor with the City. Councilperson Samuel made a motion to ACCEPT the Conflict of Interest Disclosure Statement from Councilperson Julius with Councilperson Gill seconding, PASSING on a vote of 8-0. PUBLIC COMMENT: None COUNCIL COMMENT: Councilperson Smith: asked the council approval to take the council share for the ice rink in the amount of $25,000 out of gaming. Councilperson Payne stated due to the calls of disagreements he gets he will be voting no. Councilperson Smith made a motion to APPROVE $25,000 out of gaming with Councilperson Owen seconding, PASSING on a vote 6-2 with Councilperson Payne and Glover voting No. Councilperson Smith also stated that the Chestnut Street project is almost complete and the rain the other night flooded the street and wanted to make the Council aware. Councilperson Smith stated to the Council he would like to get with planning and zoning at some point to talk about some of these rental storages. Councilperson Payne: none Councilperson Gill: stated hopefully they will have a good year with the ice rink with the walking bridge opening up soon. Councilperson Glover: none Councilperson Julius: told the Council that he did let Andy know about the flooding that Councilperson Smith brought up. Council President Sellers: read a card from Mrs. Smith, Councilperson Smith's wife, thanked the council for their support during her surgery recently. 6 Councilperson Owen: none Councilperson Samuel: responded to Councilperson Gill by saying that the walking bridge won't be open this November like they thought. Also gave acknowledgement to a former Councilperson Andrew Williams in the audience. Councilperson Samuel made a motion to ADJOURN at 9:02 P.M. with Councilperson Owen seconding, PASSING on a vote of 8-0 Vicki Conlin, City Clerk APPROVED BY: Connie Sellers, President 7