HomeMy WebLinkAboutJuly 7, 2014COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
July 7,2014
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 July 7, 2014.
Council President Julius, with Vicki Conlin, City Clerk, called the meeting to order at 7:00 PM. President
Julius asked those in attendance to stand as Councilperson Samuel gave the Invocation. President Julius
then led all those present in the Pledge of Allegiance to the Hag.
The roll call and those present were: Councilperson Smith, Councilperson Zastawny, Councilperson
Payne, Councilperson Sellers, Councilperson Gill, Councilperson Samuel, President Julius, and
Councilperson Owen. Absent: Councilperson Glover.
MINUTES TO BE APPROVED:
Councilperson Samuel made a motion to APPROVE the minutes from the regular Council meeting on
June 16, 2014, with Councilperson Gill seconding, PASSING on a vote of 8-0.
APPROVAL OF THE AGENDA:
Councilperson Owen made a motion to APPROVE the agenda, with Councilperson Sellers seconding,
PASSING on a vote of 8-0.
CLAIMS TO BE APPROVED:
General Claims: Controller Amy Deering stated that she has a hand -carried claim for $3,000 changing
the total claims to be approved to $2,240,542.39. Councilperson Owen made the motion to APPROVE
the General Claims List as amended, with Councilperson Zastawny seconding. Councilperson Sellers
requested Ms. Deering make certain that the cost of the Mayor's movie on the RiverStage comes out of
the Mayor's Promotion Fund for Sounds Unlimited. PASSING on a vote of 8-0.
REPORT OF THE CLERK: None at this time.
A. UNFINISHED BUSINESS:
1. Les Merkley — 2014-R-11 A Resolution Approving and Ratifying Interlocal Agreement between
the City of Jeffersonville and Clark County Indiana (Maintenance/Repair of County Owned
Vehicles): Mr. Merkley presented 2014-R-11 to the Council for approval stating that if Council
decides to maintain County -owned vehicles, they need to have an Interlocal agreement in place.
Mr. Merkley stated that after speaking to Controller Deering and Vehicle Maintenance Director
Vissing, the agreement should include the per hour amount of $19.26 or $26.17 with insurance
for work on County vehicles. Councilperson Owen made a motion to APPROVE 2014-R-11 with
the edit under #2, letter a. ii. changing the $19.26 to $26.17, with Councilperson Payne
seconding. Councilperson Zastawny stated that he isn't in support of this agreement citing it
would not be to the benefit of the City tax payers to have City resources going toward the
County, but wouldn't mind doing work on County vehicles in the case of an emergency.
Councilperson Smith stated that it's difficult to calculate how much the City should charge,and
remarked that $26.17 per hour is still a bargain. Mr. Merkley advised the Council that in the
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past, the average bill for the County has been $3,000 to $4,000 per year. Councilperson Sellers
stated that she is not in favor of this agreement citing that it would be opening up the door to
the County to bring their vehicles to the City garage for service. Mr. Vissing stated that Vehicle
Maintenance has only done work on County vehicles that other companies can't do, mostly
electrical. The motion to approve FAILED on a vote of 6-2.
B. NEW BUSINESS:
1. Dr. J. Sterling Grant — Public Safety: President Julius introduced Dr. Grant, Professor for the
University of Louisville's Justice Administration Department and who has also served on the
Jeffersonville and Louisville police departments. President Julius explained that he invited Dr.
Grant to speak to the Council to get his opinion and recommendations on the need to hire
police officers. Dr. Grant stated that there are four approaches for calculating how many officers
a community should have and stated that the best approach is based on a force's workload.
Councilperson Zastawny asked Dr. Grant what would be the next step for them to take and Dr.
Grant stated that there should be a next step, but prefers the Council hire an outside adviser to
make recommendations due to his association with the Jeffersonville Police Department. Vice
President Gill asked Dr. Grant if he would go to the neighborhood associations on behalf of the
Council and Dr. Grant stated he would do so. Fire Chief Eric Hedrick spoke up from the back of
the Council Chambers and stated that he will be meeting with Controller Deering and intends to
attend a Finance Meeting to discuss additional fire fighters for his department as well. Dr. Grant
stated that the study will help Council make a decision regarding the number of police officers
needed to hire. Dr. Grant explained that he would email information to Clerk Conlin to forward
to Council members and also stated that the Chief of Police needs to be involved in this process.
Dr. Grant stated that he will look into getting someone from the Southern Police Institute (SPI)
to assist them. Council thanked Dr. Grant for his presentation and participation in this issue.
2. Amy Deering — 2014 -OR -30 An Ordinance for Additional Appropriation (Public Hearing to be
held on July 21, 2014): Controller Amy Deering presented two items for approval. Ms. Deering
stated that she sent an email to Council last week. The first request is for $130,330.00 in the
General Fire Pension line item and $426,794.00 in LOIT for half of the new fire truck.
Councilperson Samuel made a motion to PASS 2014 -OR -30 on the first and second reading, with
Councilperson Sellers seconding, PASSING on a vote of 8-0.
3. Amy Deering — 2014 -OR -31 An Ordinance Transferring Certain Funds within the Same
Department: Controller Amy Deering requested approval of two items that were in the budget
for this year, but the Parks Department requested moving the money around and the Cum Cap
items are for the engineering part-time employees. Councilperson Owen made a motion to PASS
2014 -OR -31 on the first and second reading, with Vice President Gill seconding, PASSING on a
vote of 8-0.
4. Les Merkley — 2014 -OR -32 An Ordinance Changing the Zoning Map Designation of Certain
Tract of Property Known as Falls Landing and Fully Described in Attached Exhibit A from N1,
R3 C1 and C2 to HC (Highway Commercial): Corporate Attorney Les Merkley stated that this
location is basically Tenth and Spring Streets/Gateway Project. The Redevelopment Commission
went through an RFP process and selected a developer to develop the property. Mr. Merkley
stated that there is a development agreement in place contingent upon the property being
zoned Highway Commercial (HC). White Reach Development is the petitioner and John Kraft is
the attorney for White Reach Development. Mr. Kraft stated that this matter was before the
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Plan Commission at the May, 2014, meeting and is coming before Council with a favorable
recommendation from them for rezoning. Mr. Kraft stated that this is carrying out the terms of a
written development agreement between White Reach Development (W.R. Falls Landing, LLC)
and the City of Jeffersonville through its Redevelopment Department. The minimum
development for this property is $24,000,000. Under the terms of the agreement, it specifically
describes that the developer, W.R. Falls Landing, LLC, is to develop and construct the
improvements for the following uses: One full service sit-down restaurant which is part of a
national chain, for example, Cracker Barrel, Zaxby's, etc. The developer is also to develop three
fast food restaurants which are part of a nationally recognized chain, for example, Taco Bell,
McDonalds, etc. The developer is also to develop one or more hotels operated under a
nationally recognized hotel flag, for example, Drury Inn and Suites, Marriott, etc. A commitment
has come from a nationally known chain that intends to build a 250 room hotel structure within
this development. Mr. Kraft stated that all of this will become one development brought
together by interconnected pedestrian walkways. Although the Highway Commercial zoning
would allow for uses such as auto sales services and auto body shop repair, the developer has
agreed to eliminate those uses from the plan. Mr. Kraft introduced Josh Hillman with Jacobi,
Toombs and Lanz who is part of the development team to address any engineering related
questions. Mr. Hillman provided graphics of the parcels of land that need to be rezoned to
Highway Commercial. Mr. Hillman stated that before transfer of the land, Redevelopment is
granting easement and right-of-way for the sewer interceptor.
PUBLIC HEARING — 2014 -OR -32: Council President Julius opened the Public Hearing at 8:OOpm
and without further comment closed the hearing at 8:01pm.
Councilperson Owen made the motion to PASS 2014 -OR -32, with Councilperson Payne
seconding. Councilperson Zastawny questioned whether this development was responsible
growth and is concerned with the traffic flow due to the plan to reopen Indiana Avenue. Also,
the original proposal has changed and is now a downgrade of the original vision for the
property. Other Council members expressed their concern for the congested traffic they fear
will occur with the proposed plan. Mr. Kraft explained that Indiana Avenue would be only one-
way in, there wouldn't be any traffic exiting that road. Mr. Hillman stated that INDOT has
verbally committed and agreed that this is an acceptable entrance into Indiana Avenue to
remain open for the development. Mr. Kraft reminded the board that this request is a land -use
request and the development plan would come back to the Development Commission as it
relates to the project itself. Councilperson Smith asked about the time -line for completion of the
project and Mr. Merkley stated that he believes Phase I needs to be completed by next .
September or October, and Phase II the following spring. Councilperson Payne stated that he
can't believe anyone wouldn't want businesses to go there and if we have traffic issues because
so many people want to go there, that's great. Mr. Jorge Lanz of JTL stated that they have a
traffic engineer who is doing an overall analysis. President Julius stated that the last thing we
want is to have is the main thoroughfare into our City congested. After discussion, Council put
the motion to PASS 2014 -OR -32 to a ROLL CALL vote:
Councilperson Smith
Councilperson Zastawny
Councilperson Payne
AYE
X
NAY
X
X
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Councilperson Sellers
Council Vice President Gill
Councilperson Owen
Councilperson Samuel
Council President Julius
X
After the roll call votes, the motion FAILED on a vote of 6-2.
X
X
X
X
5. Les Merkley — 2014 -OR -33 An Ordinance Changing the Zoning Map Designation of a Certain
Tract of Property Located at 3402 and 3406 Charlestown Pike and Fully Described in Attached
Exhibit A from R1 to PD -R1: Mr. Merkley stated that this rezoning request has received a
favorable recommendation from the Plan Commission. The property is part of the estate of Mr.
Charlie Reisert and Mr. Reisert's son Perry is here today to request changing the property from
R1 to PD -R1, which is what the property was originally zoned before it lost that classification due
to the lack of development. Mr. Perry Reisert requested Council approve a plan that was
brought forth about six years ago for six duplex -style buildings and twelve units on 2.2 acres. Mr.
Reisert stated that there is no change in the plan that was previously proposed.
PUBLIC HEARING — 2014 -OR -33: President Julius opened the Public Hearing at 8:30pm and
without further comment closed the hearing at 8:31pm.
Councilperson Samuel made the motion to APPROVE 2014 -OR -33, with Vice President Gill
seconding, PASSING on a vote of 8-0.
6. Les Merkley — 2014 -OR -34 An Ordinance Changing the Zoning Map Designation of a Certain
Tract of Property Located at 5620 Hamburg Pike and Fully Described in Attached Exhibit A
from C1 to 11: Mr. Merkley stated that this rezoning request received a favorable
recommendation from the Plan Commission. The applicant is Mr. John Sandusky and the
petitioner is First Source Properties. Councilperson Sellers explained that this is in her district
and they want to put in RV storage in the Sellersburg Industrial Park and the traffic will come in
the Industrial Parkway, not Hamburg Pike.
PUBLIC HEARING — 2014 -OR -34: President Julius opened the Public Hearing at 8:33pm and
without further comment closed the hearing at 8:34pm.
Councilperson Owen made the motion to APPROVE 2014 -OR -34, with Vice President Gill
seconding, PASSING on a vote of 8-0.
CITY COUNCIL ATTORNEY REPORT: None at this time.
DEPARTMENT HEAD REPORTS:
1. Clark Miles — Paving Priorities for 2014: Street Department Director Clark Miles came before
the Council to request additional funds for paving and presented a list of twenty different
streets that are in need. Mr. Miles stated that he receives about $500,000 for the year for
paving and it looks as though they will be coming up short. He also said that he has the Wathen
Heights project to complete as well. Councilperson Sellers stated that the Wathen Heights
project should not be paid from paving. City Engineer Andy Crouch explained the Wathen
Heights project in detail to the Council. President Julius stated that it appears that the paving is
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one issue and the curbs are another issue because Drainage was asked to pay for part of the
curbs, not the asphalt. Mr. Crouch explained that there was a change order presented to the
Sewer Department for $500,000 and that was to replace the curbs and some asphalt adjacent to
the curbs. The Drainage Board has approved $170,000 of that and believes that the Street
Department has been asked to come up with the rest of the money - $330,000. Mr. Miles stated
that when he meets with the paving people he will bring back the estimates to the Council for
review. Councilperson Smith reminded Mr. Crouch about a discussion they had concerning cross
walks on 14th Street due to the heavy traffic. Mr. Crouch stated that he has presented a plan on
that back in March with the sidewalk/pedestrian plan. Councilperson Zastawny requested that
Mr. Miles come to the Finance Committee meeting after he gets his estimates with a breakdown
of costs that they can go over road by road. Councilperson Sellers made a motion to AMEND
2014 -OR -30 to include an additional appropriation for paving and re -advertising, with
Councilperson Owen seconding, PASSING on a vote of 8-0.
PUBLIC COMMENT: None at this time.
COUNCIL COMMENTS:
Councilperson Smith: requested Ms. Conlin research to determine if the City has a bicycle ordinance.
Remarked that bicycle traffic has increased and would like to know what rules and regulations there are
in place for bicyclists.
Councilperson Smith asked the other Council members if they would like for an attorney to meet with
them to discuss the annexation.
Councilperson Smith explained that the City keeps adding development to the very narrow Charlestown
Pike and suggested that Council address this issue at some point due to the increase in traffic caused by
development. Also reminded everyone that this is the location of the fire truck accident.
Councilperson Zastawny: explained that the annexation and fiscal plan came about because they asked
the department heads how many more resources they needed due to annexation. However, the plan
changed right away as soon as technology changed and when there is a change of administration they
see needs that are slightly different than the original planners. Councilperson Zastawny explained that
the purpose of the original plan was to see that the newly annexed area would receive the same amount
of resources and fair treatment as the rest of the City.
Councilperson Payne: stated that he is very disappointed Council didn't pass the rezoning change and
feels that the City is really missing out on that development.
Councilperson Sellers: None at this time.
Vice President Gill: stated that the Street and Sanitation Department's guidelines determining what
they do and do not charge for is extremely out-of-date. Has been meeting with Street Department
employee Stephanie Miller and together they have made updates which have been turned over to
Corporate Attorney Les Merkley for revision.
VP Gill explained that she voted against the development plan for several reasons stating there are more
issues besides the traffic.
Councilperson Owen: stated that he too is disappointed that the City is going to miss out on
$25,000,000 in private development and found it interesting that Council is going to do a public safety
study prior to what we are going to do with our officers and fire department, but we don't give the
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opportunity to do a traffic study to see if it's really an issue. Remarked that if Council members don't
want to have development in downtown Jeff, just come out and say it.
Councilperson Samuel: stated that early on they met with the administration to address everything that
was talked about at tonight's Council meeting and everybody was in agreement. It was suggested at that
meeting that they should all go discuss the plan with the developer, but the administration said no, they
wanted to talk to the developer first. After two or three weeks, Councilperson Samuel stated that he
emailed the administration asking if they were going to all meet and talk with the developer and they
told him no, not yet. A couple of weeks later, the administration told him that they met with the
developer and have passed on his concerns and said if the developer wants to talk to you, they wiH.
Councilperson Samuel stated that until tonight he didn't know who the developer was.
Councilperson Samuel stated that on June 24, 2014, he attended the Governor's Tax Conference and
said there is a big push through the State to simplify and make our tax structure more competitive which
is very important to cities. There are over 36 different taxes in Indiana. Enjoyed being involved and
listening to all the issues.
Councilperson Samuel explained that he plans on trying to bring together a sidewalk plan that Council
can vote and approve on as well as attempt to get a consensus on how much they can allocate for
sidewalks. Will try to have something to Council members to review before the next meeting.
President Julius: stated that he has had numerous calls concerning the new lane changes at Utica-
Sellersburg Road and Highway 62. He has talked to City Engineer Andy Crouch about it five times — there
is definitely an issue there. Mr. Crouch knows there is a problem and it needs to be addressed because
someone is going to get killed there.
ADJOURNMENT:
Councilperson Owen made a motion to ADJOURN at 9:31pm, with Councilperson Smith seconding,
PASSING on a vote of 8-0.
Vicki Conlin, City Clerk
APPROVED BY:
Dennis Juli il" resident
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