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HomeMy WebLinkAboutJanuary 27, 2014COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA January 27, 2014 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, SOO Quartermaster Court, Jeffersonville, Indiana at 7:00pm, on Monday, January 27, 2014. Council Vice President Lisa Gill, with Vicki Conlin, City Clerk, called the meeting to order at 7:03 PM. Vice President Gill asked those in attendance to stand as Councilperson Samuel gave the Invocation. Vice President Gill then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Vice President Gill, Councilperson Smith, Councilperson Sellers, Councilperson Glover, Councilperson Zastawny, Councilperson Samuel, and Councilperson Owen. Absent were Councilperson Payne and President Julius. APPROVAL OF THE AGENDA: Councilperson Sellers requested the addition of Mayor Moore under Report of the Clerk and asked that he let the opposing people who have signed up for public comment to speak before moving on to the next topic. Clerk Conlin requested Planning and Zoning Director Shane Corbin be removed from the agenda. Councilperson Owen made a motion to APPROVE the agenda with the changes with Councilperson Glover seconding, PASSING on a vote of 7-0. MINUTES TO BE APPROVED: Councilperson Samuel made a motion to APPROVE the minutes from the January 6, 2014, Regular Council meeting with Councilperson Sellers seconding, PASSING on a vote of 6-0-1 with Councilperson Owen abstaining. CLAIMS TO BE APPROVED: General Claims: Controller Amy Deering presented the General Claims list with a hand carried claim in the amount of $1,250 representing the first claim toward the data collection for the homeless study that council approved in 2013 in the amount of $15,000, bringing the grand total for the claims list for approval to $3,079,417.75. Councilperson Zastawny made a motion to APPROVE the General Claims list with Councilperson Sellers seconding, PASSING on a vote of 7-0. REPORT OF THE CLERK: None at this time MAYOR MOORE ANO PUBLIC COMMENT: Mayor Moore addressed the issues surrounding the Crystal Springs subdivision. Mayor Moore explained that this development began before they were annexed into the City of Jeffersonville and the developers didn't have to adhere to the policies that new subdivisions in the city have to do. Mayor Moore explained that there is only one way in and one way out of the Crystal Springs subdivision which creates a safety issue for the residents. Developer Dan Cristiani has offered the use of a gravel road that connects Brooke Hollow and Crystal Springs to be used in event of an emergency. Mayor Moore stated that some residents would be in favor of paving the road and others are not in favor due to the increased traffic it will bring in. Mayor Moore stated that he appreciates the City Council hearing this 1 issue, but also stated that it was something that could be handled outside of the council chambers since it's not the council's decision to make. Mayor Moore would like to have a neighborhood meeting with the residents of Brooke Hollow and Crystal Springs to discuss the issue further. Crystal Springs resident Terri Hicks came before the council requesting the need for a temporary emergency only exit for the subdivision. Ms. Hicks explained that over the last two weeks they were locked into their neighborhood community three times - twice due to inclement weather and once due to an overturned vehicle. Ms. Hicks stated that the biggest concern to the residents is public safety and the inability for first responders to enter the subdivision in the event of an emergency. Ms. Hicks stated that the Crystal Springs Homeowners Association will gladly pay for a guard to be on duty during an emergency since they are aware that River Ridge would not allow them access to their property without a guard being present. Mr. Cristiani came before the council and discussed the different access roads that could be utilized as an emergency exit. Councilperson Glover asked Mr. Cristiani what improvements the temporary exit would need and Mr. Cristiani stated that gravel is needed and he offered to take care of doing that with River Ridge's permission. Mr. Cristiani is working on a contract with Walsh Construction to get a permanent second exit thru Boulder Creek Subdivision, but that will be a year or two away. Councilperson Samuel stated that although the council is unable to make this decision, they will try and use their influence with River Ridge to help them get a temporary exit and suggests the city's administration do the same. Ms. Hicks stated that is all that she is asking the city to do. Mayor Moore stated that there are residents present from the Waverly Road neighborhood. Ms. Karen Wigginton came before the council stating that she was present at tonight's meeting to represent the neighbors of Waverly Road. Ms. Wigginton explained that her father, Bob Miller, has lived on Waverly Road for twenty years and that he and his neighbors have been plagued with flooding. Ms. Wigginton stated that the water destroys their yards and homes and over the years her father has discussed this matter with numerous city boards and administrations who promised to take care of the problem but never did. Ms. Wigginton explained that debris is cut down and left in the ditch and when the rain comes, the drain pipes are all clogged. Mold is growing under their homes and causing health problems and structural damage and declared that they no longer need promises, they need help. Ms. Wigginton stated that they have hired a private engineer and an attorney stating that the residents of Waverly Road do not want to take the city to court, but they will. Mayor Moore stated that this problem is not the City Council's fault and if Ms. Wigginton wants to get mad at someone, get mad at him. Mayor Moore stated that he did speak with her father, Bob Miller, on several occasions and he did make a promise that he would fix the problem. Mayor Moore told Mr. Miller to attend a Drainage Board meeting six or seven weeks ago - not a City Council meeting. Mayor Moore stated that the Drainage Board did vote to fix the flooding problem, but two weeks later there was a heavy rain and he told Mr. Miller that the problem couldn't be fixed in the dead of winter or overnight. Mayor Moore explained that the city engineers have come up with a solution to purchase the back four properties on Waverly Road and make a large detention pond. Mayor Moore explained that if the neighbors refuse to sell their property to the city they can't make them, but if they want to fix the problem, that's what they need to do. Mayor Moore explained that the homes and foundations on Waverly Road sit below street level which causes the flooding. Mayor Moore requested a neighborhood meeting to hear any suggestions they may have on how to fix the problem and recommended the date of February 20, 2014. 2 Council Vice President Gill stated that she asked City Engineer Andy Crouch to attend tonight's meeting and would like for him to come forward and explain where this issue stands. Mr. Crouch stated that multiple engineers have looked at options to correct the problem and it is their collective belief that there should be a voluntary home buy-out option and create a detention basin. Vice President Gill asked Mr. Crouch if the Drainage crew has been made aware of the debris that was left in the ditch and he stated that they have. Councilperson Glover asked how many houses they anticipate having to purchase and Mr. Crouch stated four to six houses at the end of the cul-de-sac where it is the lowest. Corporate Attorney Les Merkley stated that due to litigation having been mentioned in tonight's meeting, he cautioned the City Council and the Mayor to have a back -and -forth verbal confrontation with the Waverly Road neighbors who are in attendance. Councilperson Glover summarized the steps that have been taken by stating that letters have been sent out to the neighborhood and there is an option for a neighborhood meeting where the subject can further be discussed. Mayor Moore stated again that this meeting will give the neighbors a chance to offer their suggestions to a solution and he is open to their suggestions. Vice President Gill invited Mr. Grant Morton, Treasurer of the Drainage Board, to let everyone know where the Drainage Board stands in this process. Mr. Morton stated that at their December, 2013, Drainage Board meeting they authorized Andy Crouch and Matt Bell to contact home owners on Waverly Road to see if they could have a meeting to discuss appraising and purchasing their property, but backed -off doing so when they heard that they were hiring an attorney. Mr. Morton stated that cleaning the ditch on Waverly Road is not going to take care of their flooding problem. Vice President Gill asked Mr. Morton to verify that Waverly Road has been discussed at almost every Drainage Board meeting so that they don't feel as though their problem has been ignored. Vice President Gill also asked Mr. Morton to have someone on the Drainage Board come back in about a month and update the council. Mr. Morton stated that he would be glad to. Mayor Moore stated that the council had asked Redevelopment to have a study done on Colston/Play Square Park and the study came back clear — no grave sites. Mayor Moore explained that the land is extremely developable and there is a local developer who is extremely interested and they have purchased the Rose Hill Elementary School building and are in the midst of refurbishing it. The developer met with the Rose Hill neighborhood and everyone seems to be very excited about their plans. Mayor Moore recommended the Parks Authority and the City Council take action and get something started there this spring. Councilperson Owen asked if it would behoove the Parks Authority to sit down and discuss the development plans with Redevelopment in the form of a public workshop and Mayor Moore stated that he would be in favor of a public meeting. Mayor Moore stated that he believes Redevelopment would entertain the idea of purchasing the property from the Parks Authority. Councilperson Owen made a motion to have a joint workshop with Redevelopment and Parks Authority on Tuesday, February 18, 2014 at 5:30pm in the Mayor's Conference Room with Councilperson Glover seconding, PASSING on a vote of 7-0. A. UNFINISHED BUSINESS: 1. Kim Calabro — 2014 -OR -1 An Ordinance Fixing the Salaries of Appointed Officers and Employees of All Departments for the year 2014: Human Resources Director Kim Calabro requested approval of this ordinance stating that nothing has changed since it was passed on the 1st reading. Councilperson Samuel made a motion to APPROVE 2014 -OR -1 on the 2nd and 3rd reading with Councilperson Zastawny seconding, PASSING on a vote of 7-0. 3 2. Amy Deering — 2014 -OR -2 An Ordinance Transferring Certain Funds Within the Same Department Controller Amy Deering requested approval of this ordinance stating that nothing has changed since it was passed on the 1st reading. Councilperson Smith stated that the Fire Department is putting together a package on bids for the LOIT money and made a motion to APPROVE 2014 -OR -2 on a 2nd reading until they get their numbers together. Councilperson Samuel stated that if the Fire Department doesn't have their quotes/plan back by the next meeting that will delay the other items. Councilperson Smith stated if that would be the case, he would vote to remove it because they said they would have it by then and if they don't, he would move on a 3rd reading to do everything but that and separate it out. Councilperson Samuel suggested removing it tonight and if they bring it back, put it on next time explaining that this would put a little pressure on them to come back with a plan. Councilperson Smith agreed to RESCIND his previous motion and replace it with a motion to PASS 2014 -OR -2 on a 2nd and 3rd reading with the removal of the LOIT ($140,000) for the Fire Department with Councilperson Sellers seconding, PASSING on a vote of 7-0. 3. Council Appointments: Drainage Advisory Board: Councilperson Smith nominated Dan Christensen to be reappointment to the Advisory Board for two years. Council Vice -President nominated Charlie Bryant to be reappointed to the Advisory Board for two years. Councilperson Glover nominated Kurt Jacobs to be reappointed for two years and Council Vice -President reported Councilperson Payne ask that Rick Madden be reappointed for two years. Councilperson Sellers made the motion to APPOINT Charlie Bryant, Dan Christensen, Rick Madden and Kurt Jacobs to the Drainage Advisory Board, seconded by Councilperson Owen passing on a vote of 7-0. Urban Enterprise Zone (UEZ)- Councilperson Smith nominated Peggy Hardaway, Warren Schmipff and Miguel Hampton for reappointment to the UEZ. Councilperson Owen stated that Ms. Hardaway and Mr. Hampton are both the Council residential appointments for the UEZ and unfortunately they are both registered Democrats, Councilperson Owen continued that he has someone in mind who is very interested in serving on the UEZ that is a Republican. Councilperson Smith made the motion to APPROVE Peggy Hardaway to serve on UEZ for 2014 and Warren Schmipff Business Owner, Councilperson Owen made the motion to APPROVE Stephanie Garner who lives on Riverside Drive for the UEZ. Councilperson Zastawny asked Counsel Lewis to advise the Council. Counsel Lewis stated he had reviewed, technically in Indiana you do not registered politically affiliation, look at how the person voted in the primary. Councilperson Zastawny seconded Councilperson Smith Motion for Ms. Hardaway and Mr. Schmipff, Councilperson Glover seconded Councilperson Owens Motion for Ms. Garner, passing on a vote of 7-0. Police Merit Commission - Councilperson Smith made the motion to Table until next meeting, seconded by Councilperson Sellers passing on a vote of 7-0. Redevelopment Commission — Councilperson Smith made the motion to APPROVE Derrick Spence second by Councilperson Owen passing on a vote of 7-0. 4 B. NEW BUSINESS: 1. Scott Lewis — 2014-R-1 A Resolution Approving a Collective Bargaining Agreement Between the City of Jeffersonville and the Jeffersonville Fire Fighters Local 558: Mr. Lewis stated that the negotiating team is requesting the City Council approve by resolution the negotiated agreement subject to a vote of approval by the fire fighters union and subject to approval by the Mayor who is the executor of the city. Mr. Lewis stated that it is his understanding that their vote is to be completed by Friday, January 31, 2014. Councilperson Samuel made a motion to APPROVE 2014-R-1 with Councilperson Sellers seconding. Councilperson Zastawny asked for clarification of the fitness standard found on Page 45. Councilperson Samuel explained that the negotiating team was working on the Work Performance Evaluation with the Assistant Chief and they were agreeable with it, but stated that he's not sure if it was agreeable with the fire fighters. Councilperson Samuel stated that if it isn't agreeable to the firefighters by the vote, then it will revert back to the current one in place because they have to have something remain in there as a placeholder. Councilperson Zastawny asked what the total cost was for the contract and Councilperson Samuel stated that it was between $90,000 - $100,000 but feels that there were significant trade-offs that the negotiating team feels much better about. The motion PASSES on a vote of 7-0. Councilperson Zastawny thanked the negotiating team for all the hard work and time they put into it. 2. Les Merkley — 2014 -OR -3 Ordinance to Establish 213 Jackson Street as a Single -Site Historic District: Corporate Attorney Les Merkley stated that this request comes before the council as a favorable recommendation from the Historic Commission requesting that the City Council designate 213 Jackson Street as the Duffy House Historic District. Mr. Merkley explained that this would be the only house (site) in the Historical District. Mr. Merkley invited Ms. Laura Renwick to speak to the council about the historical significance of this house. Mr. Merkley also advised that at some point this would need to be opened up as a Public Hearing. Ms. Renwick stated that she was here on behalf of the Preservation Commission and gave the council a brief history of the Duffy home. Ms. Renwick explained that the Preservation Commission is making this recommendation to the council because the house is in jeopardy. The house was sold at the Sheriff's sale on January 2, 2014, and Fannie Mae repurchased the home. Indiana Landmarks is continuing to purchase the home, but there is no guarantee they will get it so the Preservation Commission is asking the council for this historical district designation so there will be some protection for the house. Councilperson Sellers stated that she loves the house and supports this. Councilperson Smith stated that it is a beautiful home and is worth saving although it will take hundreds of thousands of dollars to bring it up to minimal standards. Ms. Renwick stated that because the home is eligible to be listed on the national register, a buyer would be eligible for tax credits to recoup some of their investment costs. a.PUBLIC HEARING — 2014 -OR -3 Ordinance to Establish 213 Jackson Street as a Single -Site Historic District: Council Vice President Gill opened up the public hearing at 8:30pm. Mr. Bill Keeney came forward and stated that he is a neighbor to this property and said it has been empty for a long time and it is an eye -sore. Mr. Keeney fears if you restrict what the next purchaser of the home can do with the property is will remain an eye -sore for a longer period of time. With no further comment Vice President Gill closed the Public Hearing at 8:33pm. Councilperson Smith made a motion to PASS 2014 -OR -3 to establish 213 Jackson Street as a single -site historic district with Councilperson Owen seconding, PASSING on a vote of 6-1. 5 3. Amy Deering — 2014 -OR -4 An Ordinance of Additional Appropriation: Ms. Deering presented an ordinance to the council for additional appropriation on a 1st reading. This ordinance is up for adoption on February 3`d and needs one approval tonight to get it adopted at the next council meeting. Councilperson Sellers asked what they are for and Ms. Deering explained the first item is Pro Media's contract, the second item is the Homeless Task Study ($15,000 approved by this board and $15,000 approved by Redevelopment), and the last three items are to get the Animal Shelter Director's salary up to what it was. Councilperson Owen made a motion to APPROVE 2014 -OR -4 on a 1st and 2"d reading with Councilperson Zastawny seconding, PASSING on a vote of 7-0. CITY COUNCIL ATTORNEY REPORT: None at this time PUBLIC COMMENTS: COUNCIL COMMENTS: Councilperson Smith — received a phone call from Jay Ellis of Jeff Main Street about their annual Chili & Brew fundraising event that will be held on February 27, 2014, at Kye's and asked if the City Council would like to purchase a table for 8 at the event for $300. The council has sponsored a table for the last nine years. Councilperson Smith made a motion to purchase a table to the Chili & Brew with Councilperson Zastawny seconding, PASSING on a vote of 7-0. Councilperson Zastawny — stated that Shane Corbin is looking into updating our P&Z ordinances and is planning on doing some of the work himself, but will have to subcontract out some of the work as well. He will be coming to the City Council for some money to do that. Councilperson Zastawny stated that he supports this work to clarify some of our codes. Councilperson Zastawny stated that he spoke to Shane Corbin and Scott Lewis about setting up an "in lieu of tree fund" similar to what they do with sidewalks. For example, if a developer states that there isn't enough land to plant the designated trees on a particular project, the money for those trees will go into a designated tree fund to be used at a later time or another location in the city where it's needed. Councilperson Zastawny stated that he wanted to make the council aware that P&Z Director Shane Corbin requested the need for an additional employee considering the additional work that will take place due to the project of updating the city ordinances. Mr. Corbin stated to Councilperson Zastawny that he was able to get an intern to help for 6 months, but may be requesting an additional employee after they lose the intern. Councilperson Sellers — received a call from the Animal Shelter and they are having an unusually high rate of kittens and puppies and are in need of donations of kitten food and is challenging the council to go buy some kitten food and take it to the shelter. Councilperson Sellers stated that when she dropped off her kitten food the shelter was packed. Councilperson Glover — None at this time Councilperson Samuel — None at this time Councilperson Owen — None at this time 6 Vice President Gill - introduced a special guest with Major Lynch who will be working on his Eagle Scout project and will be reporting on the council and thanked him for coming. Vice President Gill stated that the Waverly Road situation is a difficult one, but wanted to assure them that their voices have been heard and the same with Crystal Springs — they are aware of the difficulties with the ice and snow and Street Commissioner Clark Miles tried to get the areas cleared and salted as fast as they could. ADJOURNMENT: Councilperson Owen made a motion to ADJOURN with Councilperson Samuel seconding, PASSING on a vote of 7-0. Meeting ADJOURNED at 8:42pm. Vicki Conlin, City Clerk APPROVED BY: Lisa GflI, Vice President 7