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HomeMy WebLinkAboutFebruary 21, 2017 COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA FEBRUARY 21, 2017 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court,Jeffersonville, Indiana at 7:00 pm, on Tuesday, February 21, 2017. Council President Gill along with City Clerk Conlin called the meeting to order at 7:00 pm. Mr. Bobby Campbell gave the Invocation and Council President Gill asked those in attendance to recite the Pledge of Allegiance. ROLL CALL:The roll call was conducted and those present were: Councilperson White, Councilperson Zastawny, Councilperson Maples, Councilperson Hawkins, Council President Gill, Council Vice President Samuel, and Councilperson Rodriquez. Councilperson Owen arrived at 7:10 PM and Councilperson Jahn was absent from the proceedings. MINUTES TO BE APPROVED: Minutes from the Council Regular Proceedings February 6, 2017—Councilperson Samuel made a motion to APPROVE the minutes with Councilperson Rodriquez seconding, PASSING on a vote, 7-0. Minutes from the Special Meeting on February 9, 2017—Councilperson Rodriquez made a motion to APPROVE the minutes with Councilperson Samuel seconding, PASSING on a vote, 6-0-1 with Councilperson White abstaining. APPROVAL OF THE AGENDA: Councilperson Zastawny made a motion to APPROVE the agenda. Councilperson White requested that Councilperson Zastawny retract his motion and Councilperson Zastawny did so. Councilperson White made a motion to remove#11 under new business. Councilperson Samuel seconded, PASSING on a vote, 7-0. CLAIMS TO BE APPROVED: Heather Metcalf, Controller presented the General Claims List. Council President Gill stated she went through the claims and found no issues. Councilperson Samuel made a motion to APPROVE the General Claims with Councilperson Rodriquez seconding, PASSING on a vote, 7-0. Heather Metcalf, Controller presented the Parks Claims List. Councilperson Zastawny made a motion to APPROVE the Parks Claims with Councilperson Maples seconding, PASSING on a vote, 7-0. REPORT OF THE CLERK: None at this time. UNFINISHED BUSINESS: 1. Lisa Gill - Heather Metcalf—2017-OR-4 An Ordinance Transferring Certain Funds within the Same Department—There have been no changes since the last meeting. Councilperson Samuel made a motion to APPROVE 2017-OR-4 on the third and final reading with Councilperson Zastawny seconding, PASSING on a vote, 7-0. 2. Lisa Gill—PUBLIC HEARING 2017-OR-5 An Ordinance of Additional Appropriation—City Controller Metcalf presented 2017-OR-5. There have been no changes since the last meeting. Council President Gill opened the Public Hearing at 7:07 PM. As no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Zastawny made a motion to APPROVE 2017-OR-5 on the third and final reading with Councilperson Rodriquez seconding, PASSING on a vote, 7-0. NEW BUSINESS: 1. Lisa Gill—Greg Fifer—Interlocal Agreement by and Among the Town of Clarksville, the City of Jeffersonville, and the Jeffersonville-Clarksville Flood Control District—Removed during Approval of Agenda 2. Les Merkley—PUBLIC HEARING 2017-OR-7 An Ordinance Changing the Zoning Map designation of Certain Tracts of property located on New Chapel Road and Utica Sellersburg Road and Fully Described in Attached Exhibit A From C2 to C2-PD—City Attorney Les Merkley introduced Scott Hannah from Heritage Engineering. Mr. Hannah stated this came with a full recommendation from the last meeting. Councilperson Zastawny asked if there was going to be a gas station. Mr. Hannah confirmed that the applicant had requested a variance from BZA to put in a gas station. Councilperson Zastawny expressed his concern about the number of gas stations in that area. There is an ordinance stating there cannot exceed 2 gas stations in a one mile stretch and variances have been granted overruling this. This was put in place for a reason. Councilperson Zastawny asked if the development could move forward without a gas station. Mr. Hannah stated that he believes this is a very important aspect of the development and it needs to remain in the plans. Councilperson Zastawny noted that gas stations do not generate high salaries and are difficult to redevelop down the road. Councilperson Hawkins pointed out that due to the variances that have been granted there are now going to be 5 new gas stations in a one mile strip if this is approved. Councilperson White asked the Legal Counsel what the options were legally. The City Council can vote this ordinance through, table it, or vote it down. Council President Gill opened the Public Hearing at 7:18 PM. As no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Zastawny made a motion to TABLE 2017-OR-7 with Councilperson White seconding, PASSING on a vote, 8-0. Mr. Hannah stated this was slightly disappointing as he thought all of the final details had already been worked out. 3. Les Merkley—Les Merkley- PUBLIC HEARING 2017-OR-8 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 5520 Highway 62 and Fully Described in Attached Exhibit 1 From C1-C2—City Attorney Merkley introduced Eric Murton to represent the applicant. Mr. Murton stated this is off Carrie Ann Way behind the McDonalds. This is the future site of Denzinger Dental. Dental offices are only allowed in a C2 zoning. Council President Gill stated the HOA President had spoken positively about this. Council President Gill opened the Public Hearing at 7:22 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Hawkins made a motion to APPROVE 2017-OR-8 with Councilperson Rodriquez seconding, PASSING on a vote, 8-0. 4. Lisa Gill - Heather Metcalf 2017-OR-9 An Ordinance of Additional Appropriation Public Hearing March 6, 2017 - City Controller Heather Metcalf presented 2017-011-8. This is to cover the difference for what was appropriated to the Public Arts Fund and the actual amount that it should have been. The second amount is to cover the Public Arts Administrators computer and software. A budget will be worked on for this. The third is appropriating a receipt they have from the FOP. Councilperson Samuel made a motion to APPROVE 2017-OR-8 on the first and second reading with Councilperson Owen seconding, PASSING on a vote,8-0. REPORT OF THE COUNCIL ATTORNEY None at this time DEPARTMENT HEAD REPORTS: None at this time PUBLIC COMMENTS: Mary Crabtree 8 Lakeshore Dr. - In the Spring of 2011 there was a ton of water and their community had to hire a contractor to sandbag and pump the water away. There is a lake in their community and it has been contaminated with sewer overflow. In 2012 there was a meeting and the residents were assured this would be addressed. She stated this is a toxic filthy mess. Ms. Crabtree submitted her comments for the record. Greg Fifer—Mr. Fifer requested to be on the agenda tonight, the Town of Clarksville is trying to come in good will. There is a chronic flooding problem and this needs to be addressed. Something has to be done and the Town of Clarksville would like to work together towards the solution. Council President Gill stated the Council Attorney was out of town as well as the engineer the Council would need to consult with. The Council would like to work with the Town of Clarksville, but they need to be able to have internal meetings to discuss this. COUNCIL COMMENTS: Councilperson White—nothing at this time. Councilperson Zastawny—nothing at this time. Councilperson Maples—nothing at this time. Councilperson Hawkins—Just so the Council is aware,the cell phone companies are putting these "boosters" up. The City has no real say on where they are allowed to put them, but he is working on limiting what they can look like. Also this month his class did a podcast with the Mayor where his students prepared questions and asked the Mayor. This is posted on the website, it was done very nicely. Councilperson Owen—In regards to Ms. Crabtree's questions there is no pipe that discharges into that lake but there is a pipe that overflows into Cane Run. He is not sure how that problem could ever be corrected. Council Vice-President Samuel stated the Public Arts is about to work on Utility Boxes to paint. If the Council has any recommendations for locations please send them to him. They will be working on this in approximately 2 months. Councilperson Rodriquez—nothing at this time. Council President Gill stated Mr.Jay Ellis contacted her in regards to sponsoring the Chili and Brew. Councilperson Owen made a motion to APPROVE the $500 sponsorship with Councilperson Zastawny seconding, PASSING on a vote, 8-0. Also AHS is currently up for renewal. There may be a few issues with the negotiations on this. ADJOURNMENT: Councilperson Samuel made the motion to ADJOURN and the meeting adjourned at 7:49 P.M. APPROVED BY: 1__�, 'Al" Lisa G' I, President ATTEST: Vicki Conlin, Clerk Pik-, DATE: 21 FEBRUARY 2017 TO: JEFFERSONVILLE CITY COUNCIL SUBJECT: CANE RUN CREEK STATEMENT: MR. MAYOR, PRESIDENT GILL, COUNCIL MEMBERS MARY ANN CRABTREE, PRESIDENT, BOARD OF MANAGERS, LAKESHORE CONDOMINIUM ASSN. WE ARE A COMMUNITY OF 72 OWNER/RESIDENTS LOCATED IN CLARKSVILLE. OUR PROPERTY IS BOUNDED ON THE WEST BY NEWMAN AVENUE - TO THE NORTH BY HOWARD AVENUE AND TO THE EAST IT ABUTS THE CLARION HOTEL LAKE. CANE RUN CREEK BORDERS TO THE SOUTHWEST. IN THE SPRING OF 2011 AN UNPRECEDENTED ENCROACHMENT OF WATER BACKED UP ONTO OUR PROPERTY. THE LEVEL OF THE LAKE THREATENED UNITS IN ONE BUILDING NEAREST THE LAKE AND, THE POOL / MAINTENANCE BUILDING. ACCESS TO THE ENTRY AND PARKING AREAS SERVING 30 OWNERS WAS THREATENED. OUR ASSOCIATION TOOK PRO-ACTIVE MEASURES - SANDBAGGED AND HIRED A CONTRACTOR TO PUMP WATER AWAY FROM THE BUILDING. LAKESHORE OWNERS DID NOT KNOW THE ENCROACHMENT OF WATER ONTO OUR PROPERTY AND INTO THE LAKE WAS CONTAMINATED WITH SEWER OVER-FLOW. SUBSEQUENTLY, A PUBLIC MEETING WAS HELD HERE ON 26 JANUARY 2012. AT THAT MEETING CLARKSVILLE OFFICIALS, CONCERNED RESIDENTS AND THOSE DAMAGED BY THE WATER ENCROACHMENT WERE ASSURED THAT CLARKSVILLE RESIDENTS WOULD NOT BE FLOODED OUT BY JEFFERSONVILLE, THAT INDEED A NEW INITIATIVE TO REPLACE THE CANAL PROJECT WOULD BE PUT INTO PLACE TO RELIEVE THE DRAINAGE INTO CANE RUN CREEK. THIS WAS TO BE ACCOMPLISHED IN PART BY AN UPGRADE OR REPLACEMENT TO THE EXISTING CANE RUN CREEK PUMP STATION AND THE CONSTRUCTION OF A RETENTION POND IN THE AREA OF SPRING AND 9T" STS. NOW, 5 YEARS LATER - WE DO NOT SEE A RETENTION POND BUILT AS PROMISED. OR IN FACT, ISN'T THE LAKE ADJOINING LAKESHORE PROPERTY BEING USED AS THE RETENTION POND? QUESTIONS --HAS IDEM BEEN NOTIFIED OF THIS `UNOFFICIAL' RETENTION POND? --IS THERE ON-GOING TESTING FOR CONTAMINATION, HAZARDOUS WASTE, ETC.; AND BY WHICH AGENCY? --WHERE IS THE PUBLIC SIGNAGE WARNING OF POLLUTED WATER? IN SUMMARY — WE ARE A COMMUNITY OF 72 RESIDENTS. INVESTED IN OUR PROPERTY AND OUR COMMUNITY. WE ENJOY HAVING GUESTS ON OUR GROUNDS, MANY OF WHOM ARE CHILDREN WHO ARE DRAWN TO THE LAKESIDE TO FEED DUCKS. THE STORMWATER SEWER MIXTURE — A TOXIC, FILTHY MESS BACKFLOWING VIA CANE RUN CREEK INTO THE LAKE IS THE SHORELINE WHERE THEY PLAY. DAMAGES — THE IMPACT ON SALABILITY AND OUR PROPERTY VALUES NOW AND IN THE FUTURE CANNOT BE CALCULATED. WE ASK YOU TO TAKE THE ACTIONS NEEDED AND FULFILL THE PROMISES MADE IN 2012 — WE IMPLORE YOU TO JOIN WITH CLARKSVILLE AND WORK FOR THE BETTERMENT OF BOTH OUR RIVER COMMUNITIES -.. Mary Ann Crabtree JEFFERSONVILLE CITY COUNCIL CANE RUN PUMP STATION PRESENTATION OUTLINE • Contrary to recent media reports, I appear before you tonight in good will as legal counsel for your neighboring municipality, the Town of Clarksville. Town Manager Kevin Baity would have been making this presentation, but at this very moment he is attending a regularly scheduled Town Council meeting. With me instead is Tom Clevidence, the Town's MS4 Coordinator. Tom's late father was the Clarksville Town Engineer for many years, and Tom has as much institutional knowledge regarding Southern Indiana drainage and utility issues as anyone I know. • Chronic flooding occurs in the Colgate Park, Clarion Hotel, and Derby Dinner Playhouse areas of Clarksville because the Cane Run Pump Station owned and operated by the Jeffersonville — Clarksville Flood Control District does not begin pumping when the Ohio River is at or above flood stage until the water elevation behind the floodwall is 5 feet above catch basin openings attached to Flood Control's 96-inch pipe. (See diagram). During such conditions, water then surcharges through the Flood Control Pipe and out of these catch basins. • A near catastrophic flood event occurred in 2011 [62.88' — ranked 25'hj as shown in the pictures included in the packages that have been distributed to you. Significant flooding again occurred in 2015 [61.29'— 31"]. These two events have been categorized as "minor" by the NOAA. There have been 15 "moderate" events [65.0'+], and 3 "major" events [73.0'+]. Without improvements to this pump station, it is inevitable that similar flooding and resultant damage to property will eventually happen again. • At Clarksville's request in 2013, Flood Control approved a $7.5-million improvement project to address this problem. The project died, however, after it came to this Council for approval of the bonds to finance the project (presumably because Mayor Moore voted against the project while allowing his appointees to vote in favor). Based on my inquiry to bond counsel, City Council approval was likely unnecessary to issue the bonds as Flood Control is an independent legal entity with its own bonding capacity. The bonds would be repaid from properties within the district that have an assessed value of$1.2 billion, 40% of which comes from properties in Clarksville. • Last year Clarksville retained an engineering consultant to perform an in-depth analysis regarding how the Flood Control line functions when the river is at flood stage, and identify Clarksville's options to prevent future flooding that will adversely affect Clarksville properties. • Clarksville's engineer identified two options (see memo in package): (i) the preferred option, or Option 1, is to finally construct the Cane Run Pump Station improvements that Flood Control records have identified as needed since at least 1962, or (ii) Option 2 calls for the construction of a new stormwater pipe to separate Clarksville's drains from the Flood Control pipe. (See diagram). The engineer's cost estimate for Option 2 is $1.5 million. • Commencing in April of last year, Clarksville initiated meetings with Jeffersonville and Flood Control officials and consultants in order to share this information. Jeffersonville and Flood Control acknowledged that as between Option 1 and Option 2, the Cane Run Pump Station improvements would be their preferred solution, as the elimination of the Clarksville drain openings would likely leave catch basins at the intersection of Tenth & Spring Streets as the next lowest openings served by the Flood Control pipe (i.e., water could then surcharge out of these drains when the river is at flood stage in the same manner that it has frequently done in Clarksville over a period of many years). Flood Control's engineering consultant has since provided a preliminary cost estimate of$5 million for the pump station improvements. • The Mayor, as chairman of the Flood Control Board, communicated to Clarksville through staff that Flood Control would agree to issue $2 million in bonds for pump station improvements to prevent future flooding in Clarksville and avoid increased flooding concerns in Jeffersonville, provided Jeffersonville and Clarksville each contribute $1.5 million to fund the balance of the project. At a special meeting on January 10th, the Clarksville Town Council officially committed to make its $1.5 million contribution through its Redevelopment Department. At its meeting on January 27th, Flood Control approved the pump station project and the $2 million bond issue, subject to the City of Jeffersonville contributing a like amount through its Sewer Board, Redevelopment Commission, or other funds to be appropriated by this Council. • Clarksville has since been directed to directly approach these 3 bodies in effort to obtain Jeffersonville's funding commitment, and that is why I am before you tonight. Last Thursday, the Sewer Board wholly rejected a funding request made by the Town Manager. He will be making a similar request to the Redevelopment Commission at its meeting tomorrow. • Clarksville submitted a draft interlocal agreement to Flood Control, a copy of which is also included in your packets. It calls for Jeffersonville's financial contribution (from whatever combination of sources you may ultimately determine) to be made in installments over the 3- year period that it will take to design and construct the pump station improvements. If Jeffersonville cannot find ways to fully fund its share during this period, Clarksville is 2 prepared to loan the shortfall to the City for an additional 3 years (i.e., to be repaid during years 4-6). • Clarksville does not require a final decision tonight as we acknowledge you likely will need to confer with administration officials, the other potential funding bodies, and the City's consultants. Town officials and consultants are ready and willing to attend any additional meetings you may request and share additional information that might assist you in making your final determination. However, I am compelled to advise that the Town has entered a contract for its engineer to commence design of the Option 2 project starting March 1 if the Town and the City are not then engaged in earnest negotiations towards the objective of implementing the pump station improvement project. • I have advised Clarksville officials that, as they now have conclusive knowledge regarding how this infrastructure malfunctions, the Town now has substantial risk exposure if it does nothing and a flood at or exceeding the 2011 event magnitude occurs. As such, it is my opinion that the Town has an affirmative legal duty to fix these problems and to start doing so immediately. Quite frankly, Flood Control may now have the same risk exposure and duty, although it is not my position to look out for its legal interests. I therefore state, without any reservation whatsoever, that Clarksville is going to fix its chronic flooding problems in these affected areas now, either by constructing Option 1 cooperatively with Flood Control and Jeffersonville, or by constructing Option 2 on its own. • In closing, I feel compelled to also caution that rejection of this funding request may well not save money for Jeffersonville. I'm not an engineer, but if these pump station improvements are required to eliminate flooding in Clarksville when the river is at flood stage, I can't imagine that water that is intended to flow through the same Flood Control pipe could be removed from the Tenth & Spring intersection without construction of these same improvements. In other words, in the event that Jeffersonville rejects this funding request, Flood Control and/or the City may still have to construct this project, only without the significant financial contribution that is now being offered by Clarksville. • I thank you for your time and attention, and I will tender a copy of these remarks to the recording secretary for inclusion in the record so that there can be no subsequent confusion as to what I have communicated to you tonight. Mr. Clevidence and I will be glad to answer any questions you may have. 3 Respectfully submitted this 21 S` day of February, 2017. zj C. Gregory Fi er, Attorney o. 8121-98 APPLEGATE FIFER PITLLIAM LLC 428 Meigs Avenue Jeffersonville, IN 4713 (812) 284-9499 Counsel for the Town of Clarksville 4