HomeMy WebLinkAboutCC DECEMBER 2, 2019 COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
DECEMBER 2, 2019
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 December 2, 2019.
President Ed Zastawny along with City Clerk Conlin called the meeting to order at 7:00 pm. Mr. Bobby
Campbell gave the invocation. Council President Zastawny asked those in attendance to stand during
the Pledge of Allegiance.
ROLL CALL:The roll call was conducted and those present were Councilperson White, Councilperson
Maples,Councilperson Paris, Council Vice President Gill, Councilperson Hawkins, Council President
Zastawny, Councilperson Owen, Councilperson Ellis and Councilperson Samuel.
MINUTES TO BE APPROVED:
Councilperson Gill made a motion to APPROVE the minutes of November 18, 2019 Regular Proceedings
with Councilperson Owen seconding, PASSING on a vote,9-0.
APPROVAL OF THE AGENDA:
Councilperson Gill made a motion to APPROVE the agenda with Councilperson Owen seconding,
PASSING on a vote,9-0.
CLAIMS TO BE APPROVED:
City Controller Heather Metcalf presented the Civil Claims in the amount of$1,609,718.26.
Councilperson Gill asked if all claims were in order and Controller Metcalf stated they are.
Councilperson Gill also indicated that claims were high again in this packet due to paving expenses.
Councilperson Gill made a motion to APPROVE the Claims with Councilperson Owen seconding, PASSING
on a vote,9-0.
City Controller Heather Metcalf presented the Parks Claims in the amount of$43,707.51. Councilperson
Gill asked if all claims were in order and Controller Metcalf stated they are. Councilperson Gill made a
motion to APPROVE the Parks claims with Councilperson Hawkins seconding, PASSING on a vote, 9-0.
REPORT OF THE CLERK:
Nothing at this time
UNFINISHED BUSINESS:
1. Ed Zastawny/Lisa Gill—Clark County Cares
Councilperson Gill indicated she reviewed with Clark County Cares and the request is for$5,000
and suggested the funds come from Special Projects$4,564.84 and the additional from a
transfer out of Promotion. Councilperson Gill made a motion to APPROVE the request of
$5,000, seconded by Councilperson Owen, PASSING on a vote, 9-0.
2. Ed Zastawny/Heather Metcalf—2019-OR-66 An Ordinance Transferring Certain Funds within
the Same Department
City Controller Heather Metcalf stated there have been no changes since the last meeting.
Councilperson Gill made a motion to APPROVE the ordinance on the third and final reading.
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Councilperson Samuel questioned moving funds from the salt line, City Controller Metcalf
indicated that she believed they have purchased salt already this year and would have new
budget in 2020. Councilperson Owen seconding the motion and motion PASSES on a vote,9-0.
3. Ed Zastawny/Heather Metcalf—Public Hearing 2019-OR-67 Ordinance of Additional
Appropriation
Heather Metcalf City Controller indicated there are no changes from the 1st and 2nd reading.
Council President Zastawny opened up the Public Hearing at 7:06 p.m.—no one appeared in
support or against the ordinance and hearing was closed at 7:07 p.m. Councilperson Owen
made the motion to approve the ordinance, seconded by Councilperson Gill, and motion passes
8-1 (Councilperson Ellis)
NEW BUSINESS:
1. Ed Zastawny / Len Ashack — 2019-OR-68 Amended and Reinstated Ordinance of the City of
Jeffersonville authorizing the issuance of sewage works revenue bonds for the purpose of
providing funds to pay the cost of certain additions, extensions and improvements to the
municipal sewage works of said City, and the current refunding by the City of its Sewage Works
Revenue Bonds of 2008 and Sewage Works Revenue Bonds of 2009, providing safeguarding of
the interest of the owners of said bonds, other matters connected therewith, including the
issuance of notes in anticipation of bonds, and repealing ordinances inconsistent herewith
Mr. Len Ashack Director of Waste Water Treatment Plant—this is a proposed ordinance to allow
the Sewer Board to Bond $53,135,000. In 2012 we passed 2012-OR-45 which authorized the
Sewer Board to Bond $50 million. Of that $11,867,000 was to build a lift station to off load the
majority of the flow from the downtown plant to the north treatment plant; all the area north of
1-265 now flows to the north treatment plant which allows the downtown plant to handle more
capacity. In 2012 we thought $50 million would be enough for the interceptor project and the
long term control plant improvements from 2009. In 2019 those numbers change drastically.
We will not build the interceptor the size suggested in 2009, it will be smaller, and in the
meantime, phosphorus limits was placed on both the downtown and north treatment plant. We
have been exchanging correspondence with the Federal Government — Department of Justice
and on November 20th we received our last piece for final approval. The first project that is
currently out for bid is to improve the downtown treatment which will allow the water capacity
to be increased from 50 to 75 million gallons per day, which provides a level of treatment to any
overflows that go to Cain Run which goes through Clarksville. This is estimated to cost $15.5
million dollars. The second phase is the interceptor project which will reduce the overflows to
the Ohio River which is about every rainfall now to 4 overflows in a typical year. That project is
estimated to cost $30.76 million. This ordinance reaffirms the 2012 ordinance, increases the
funding to $53,135,000 to allow us to pay for both projects. It allows us to, if needed,
contribute more money to offset the flood control pump station at Cain Run, although it is not
anticipated. This allows the Sewer Board to refund two Bonds, which can potentially save the
City a half million dollars over the term of the loan. This will only increase the Bond by $15
million for a total of$53,135,000. Councilperson Gill - I would like to add that reducing the size
of the interceptor takes all that water and sewer to the pump station and treated at the plant
and no go into the interceptor or the Ohio River, that is why the interceptor was reduced.
Second, the Department of Justice and the EPA last letter was that they need to see the funding
— that we have the capability to prevent a sewer rate increase. Mr. Ashack — this bond
ordinance will not raise sewer rates—they will be the same as they are today. The increase of
new housing and River Ridge has increased revenues which has help a lot. We paid off the
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second loan, will repay the City $3.5 million that we paid for some of the studies and repay
Redevelopment Commission $1.6 million which paid for phase 1 of the interceptor which goes
thru the Gateway Project currently being built. Councilperson Gill — the big price tag was
addressing the phosphorus requirements; with high rate clarifiers; something we did not
anticipate. Mr. Ashack—the high rate clarifier will allow us to meet the phosphorus limits at the
downtown treatment plant when flows pickup like they did this past Saturday; it will be
decupled from phosphorus removable to handle chemical enhanced primary treatment before it
is discharged to Cain Run or to Mill Creek. Councilperson Samuel — when Redevelopment
fronted the funds was it understood to be a loan at the time? Mr. Ashack—they paid half and
we are paying them back over a five year term and this will be our fourth payment.
Councilperson White — will the expansion of the downtown plant effect air quality for local
residence? Mr. Ashack—it will improve air quality because part of that project was to increase
the blower capacity for the digesters which is the source of the smell at the downtown
treatment plant for the most part. The project is part of the SRF Loan that the sewer board paid
for that project and will be reimbursed $1.5 million we have spent in the hopes of us getting a
SRF. The PER—Preliminary Engineering Report that were developed by both Lochmueller Group
and JTL has been approved by SRF which means we will get funding in January and early
summer 2020. Loan interest 2%for both; 20-year loan for the treatment plant and 35-year loan
for the interceptor. This meets the requirements the EPA expects for the City of Jeffersonville.
Councilperson Gill—when you are sitting across from the DOJ attorney, EPA and IDEM saying we
are not going to raise sewer rates because we worked around it is a good feeling. Mr. Ashack—
our rates are high enough and would impose an economic burden on some residents living in
the inter City. Thank you City Council for working with us since 2009; and with EPA, DOJ since
2016 to get this document changed for approvals. Councilperson Owen made the motion to
approve the ordinance on the 1st and 2"d reading, seconded by Councilperson Gill who thanked
Mr. Ashack and Mr. Orem for their hard work with a lot of hours and meetings; and motion
passes 9-0.
2. Les Merkley-PUBLIC HEARING 2019-OR-69 An Ordinance Changing the Zoning Map Designation
at 902 E 10th St and Fully Described in Attached Exhibit A From Cl Small to Medium Scale
General Commercial to NC Neighborhood Commercial
Les Merkley, City Counsel — this comes to you with a favorable recommendation from Plan
Commission. At the suggestion of Plan Commission, this will to bring conformity to this 10th
Street area to have flexibility. Council President Zastawny opened the Public Hearing at 7:20
p.m. With no one, appearing to speak for or against the Ordinance Council President Zastawny
closed the hearing at 7:21 p.m. Councilperson Maples made the motion to approve the
ordinance, seconded by Councilperson Owen and motion passes 9-0.
3. Les Merkley- PUBLIC HEARING 2019-OR-70 An Ordinance Changing the Zoning Map
Designation at 101 Noah's Lane from PD Planned Development Commercial to PD Planned
Development -Les Merkley, City Counsel, this comes to you with a favorable recommendation
from Plan Commission and needs to be rezoned because this was originally a PUD for in home
foster care and they are changing the scope of their services. Eric Goodman 100 East 12th
Street,Jeffersonville—Form G Companies representing Family Ark with Janine Jacobs, President
& CEO of Family Ark and Christy Glossback. Women and children spend 30-45 days on campus
under 24-hour supervision, via camera, direct supervision with staff and on call staff. operation
8 a.m.Afterwards women and children are there for about 3-6 months to continue their training
including budgeting, cooking, etc. We are renovating two existing houses on campus. To
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answer Councilperson White's question — how does this facility relate to the Freedom House
and why is it different from some of the State options for treatment? The biggest difference is
the nature of the facility; it is nice, open community hall. Councilperson Gill—At National Night
Out, there was some information from the community saying the barn will be renovated as a
venue to help generate income and they had concerns with traffic? Mr. Goodman — a future
dream would be, but it is not in the budget or this proposal; traffic on Allison right now we are
only 1% and if we added 100 cars we would still be in 5% range and would need application
approvals. Councilperson Gill — have you been truthful at all your meetings before the public
and Council; and I only ask that because we had an issue in the past? Mr. Goodman—yes to the
best of my knowledge. Councilperson Gill — how many meetings did you have with the public?
Mr. Goodman —two meetings; November 6 and town hall meeting in December and additional
small meetings, phone calls with positive conversations. Councilperson Paris—tell us about your
success rate? Ms. Glossback—over the last year we have increased services for mothers to keep
kids, which generate a higher success rate. Councilperson Ellis—who provides the treatment for
the mothers? Ms. Glossback — license clinical social workers, licensed clinical addiction
counselors; and license clinical social workers treating all the kids. Councilperson Ellis — does
this include long-term care? Ms. Glossback—we require they attend 12 steps recover meetings
or something similar. During the 3-6 months we help them transition back into the community.
Councilperson Samuel—this is similar to what we do at Child Place, a little different population,
but I have worked with Ms. Jacobs closely and I am supportive of the program. Council
President Zastawny opened the Public Hearing at 7:37 p.m. — no one appeared, Councilperson
Zastawny closed public hearing at 7:38 p.m. Councilperson Gill made the motion to approved
the ordinance, seconded by Councilperson Paris, motion passes on a vote of 9-0.
4. Ed Zastawny/Les Merkley-PUBLIC HEARING 2019-OR-71 An Ordinance Changing the Zoning
Map Designation located at 2105 Hamburg Pike and Fully Described in Attached Exhibit A From
C2-Medium to Large Scale General Commercial to M3—High Density Multi Family Residential
Mr. Merkley,City Legal Counsel—this rezoning application that comes to you from the Planning
Commission with a favorable recommendation; the applicant is building a senior living facility.
Jake Elder Attorney at Law 2500 Forrest Creek Court Lanesville representing Marian Group out
of Louisville with a favorable recommendation from Plan Commission, Board of Zoning Appeal
as well as the development plan. Project meets some of the City's Comprehensive goals—
planned growth results in destined deliberate development; provide a range of housing
options; safe decent and affordable; prepare abandoned sights for re-use; development senior
housing. I met with adjacent property owners and had favorable comments and no objections.
Councilperson Gill—will there be elevators and did you consulted with emergency responders?
Mr. Elder—yes, elevators and we will get with emergency responders. Councilperson Gill—I am
in favor of this project. Council President Zastawny—we are still at zoning; no development
plan? Mr. Elder—the development plan was submitted and approved. Council President
Zastawny—what about the flow of traffic, and deceleration/acceleration lanes? Mr. Elder—
their resident only have about a 1.5 park; not too many still drive; we do not believe it will affect
traffic at all because of the light. Councilperson Ellis—if this project does not come to fruition is
it possible to require the property to go back to previous zoning? Mr. Merkley City Legal
Counselor—it would have to go back to plan commission. Council President Zastawny—is there
a need to push this thru? Mr. Elder—the owner would like this pushed thru, but if that is a
condition to it, I do not believe they would object. Mr. Merkley—an easier way would be to put
a condition that stipulates this is multi-family for senior assisted living. If you make the change
and plan commission does not act in so many days,then Council decision prevails.
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Councilperson White—is this contact to buy the land? Mr. Elder—yes,contingent on the
rezone. Councilperson White—would you contact City Council if project did not go through?
Mr. Elder—yes I will report or write a letter. Council President Zastawny-Opened public
hearing at 7:51 p.m.—no one appeared; closed public hearing at 7:52 p.m. Councilperson Owen
approved the ordinance,second by Councilperson White; and motion passes 9-0.
5. Ed Zastawny/ Les Merkley-2019-OR-72 An Ordinance Establishing Salaries for Elected Officials
of the City of Jeffersonville, Indiana
Mr. Merkley, City Legal Counsel—the General Assembly adopted a new law back on July 1 that
amended the statute in reference to the salary for elected officials 36-4-7-2. The legislative
body is to fix the compensation for all elected officials; however,the new law defines what
compensation is to include insurance, retirement and pension benefits. With Heather Metcalf,
City Controller,we believe that we should address this now. I also hope to have a response
from AIM before out final reading at your next meeting. Significant change is insurance,
stipends for serving on Boards,and stating the total compensation. Councilperson Gill—I do not
remember the cell phone. Mr. Merkley—this has been in the last two or three I have looked.
Councilperson Owen—I think in the past it has been a tablet with service or a stipend. Council
President Zastawny—this was to help with all the paper and now we went back to paper.
Councilperson Owen made the motion to approve the ordinance on the 1st and 2"d reading;
seconded by Councilperson Maples and motion passes 9-0.
6. Ed Zastawny/Heather Metcalf 2019-OR-73 An Ordinance Transferring Certain Funds within the
Same Department
Ms. Metcalf, City Controller—this will be the last transfer of the year. $16,000 for a vehicle for
engineer; a miss calculation on safety manager; sanitation—water and sales tax; accrued
benefits for IT Department for their buy back days; professional services IT is to upgrade the
website. Councilperson Gill—sanitation has struggled this year to keep up with utilities and it
could be an issue for the next council. Councilperson Gill made a motion to approve the
ordinance on first and second reading; seconded by Councilperson Paris, passing on a vote of 9-
0.
DEPARTMENT HEAD REPORTS:
PUBLIC COMMENTS:
ATTORNEY COMMENTS: Nothing at this time.
COUNCIL COMMENTS:
Councilperson White—No comment
Councilperson Paris—No comment
Councilperson Maples—No comment
Councilperson Gill—I would like to request a workshop before the December 16 meeting starting at 6:15
p.m. regarding the Haven House change with under the new direction of Mr.Jim Moon. Councilperson
Owen asked if this should this wait for the next council. Councilperson White asked if we can put it on
the agenda for the next meeting instead a workshop? Councilperson Gill—I will check is he is available.
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Celebrity waiter—if Councilmembers would like to attend Councilperson Owen has those tickets. Thank
you to Bobby Campbell for the moment of silence for the passing of Sandy Knott—she was a pillar of
this community doing a lot of volunteer work. She will be dearly missed. I want to recognize former
members in the audience—Councilmember Connie Sellers with her husband, Steve; Mike Smith and
Dennis Julius. Thank you for being here.
Councilperson Hawkins—If the Clerk's office could please check my packet has random pages blacked
out. I also see future councilmembers in the audience and former,thank you for your frugal nature
leading up to my time on the council and future members pay attention to frugal nature when you come
on.
Councilperson Owen—$28 million dollars investment in part of the City that is stagnate for a while—this
will be a great shot in the arm for that end of Jeffersonville. I also want to recognize the entire former
and current commissioner who in attendance.
Councilperson Ellis—I would like to thank the members who will be leaving, especially you Council
President Zastawny; it has been a joy working with you, Lisa and Nathan. I truly thank you for all the
time that we spent together and the help you have given me. I also recognize our former City Council
members and look forward to working with Bill Burns.
Councilperson Samuel—I appreciate seeing former and future Councilmembers and County
Commissioner. I would be remised if I did not comment that my wife is here. I will have comments at
the next meeting, but I did know it was Council President Zastawny's last night and would like to add a
couple of comments for the record in appreciation. I worked with Council President Zastawny for over
16 years even prior to being on the City Council. We worked together on the Redevelopment
Commission; he is extremely knowable and has been a strong leader for this community, a big picture
thinker. In his day job, he travels and many times I would get a phone call about something he saw;
surrounding planning and zoning, parks, sidewalks, aesthetics and certainly art and that we need to get
in Jeffersonville. He was always reaching out to the council to push and get things done. He served City
Council President 4 times; President of Park Authority for many years; President of Redevelopment;
presently President of Arts Commission; lead fire and police negotiations many time which is a
honorable job; service on planning and zoning commission for many years. Council President Zastawny
has worked hard to improve the finances of the City,the appearance of the City and the quality of life
for the residents. It has been my honor to work side by side with you over the years. You have made a
tremendous mark on this community, which has been greatly improved by your leadership, and efforts
and you will be missed.
Council President Zastawny—thank you Nathan. I want to recognize some members who are leaving us.
Councilperson Gill it has been great working with you;you served 8 years of dedicated service;focusing
on sewer,drainage, led the council as president 3 years; worked on planning and zoning; and was
involved before you were on the Council. This is bad for the Council and City that we are going to lose
you, but what is great is you are staying as the new City Clerk.
Councilperson Samuel came to City Council in 2007; appointed and elected quite a few times since to fill
Phil McCauley's seat. Since that time 13 years I have enjoyed working with you;you have made a huge
impact in our community. You helped shape the future of Jeffersonville by serving on various
committees and casting many important votes. Some key accomplishments that Nathan and the City
should be proud of—he has been an impact in fire and safety adding professional safety personnel (34
police, 29 fire fighters); involved in tuff negotiations and sat by my side and got beat, implementing the
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fitness test and work performance evaluation for fire fighters; increased pedestrian safety by expanding
sidewalks throughout the city. We both share a love for the parks, many improvements and expansions.
Creator and developed public arts and set up a funding stream for that to continue and a funding stream
for the homeless that recently passed. Councilperson Samuel has worked with numerous citizens,
resolved issues and cut through the red tape. He has become a friend, a champion for all the citizens of
Jeffersonville. Thank you for 13 years on the City Council.
My closing comments: I wanted to leave Jeffersonville in better shape than I found it. During
the 16 years, I focused my efforts on four key long-term goals. Increase Jeffersonville's political clout,
improve physical appearance, park systems and improve management structure. Things we take for
granted today did not exist. The political clout and financial strength was the reason I strongly
supported annexation and it was so important to Jeffersonville's future. These projects and funding we
have today is a result of annexation. The population was about 25,000, we were spending money
outside the city limits for a number of amenities and people living just outside the city limits did not feel
a part of our community and were adversarial to toward the city. The budget was less than $15 million
and we did not own city hall. Today our population is nearly 50,000 and we have a city hall with a
budget of over$50 million with new ideas and new blood leading the city. Physical appearance—we
have potential and I supported many streetscape projects,spending a lot of time on planning and zoning
ordinances with an emphasis on building standards, sidewalk and green space requirements and
establishing signing standards to improve the city's appearance. With Councilperson Samuel, we
created funding with the Jeffersonville Arts Commission to improve visual arts in Jeffersonville. I am
proud to have played a major part improving our city,taking an active role in updating planning codes
and expanding public art. Parks—in 2004 when I was elected Vissing Park was a scary overgrown place,
Woehrle Athletic did not exist nor did the Big 4 Park and the city did not have large parks and no long-
range plan. With the creation of the Parks Authority controlled by the City Council in 2009, the issue of
instability and funding were corrected and a focus of long term planning included the need for larger
and better city parks. The parks have gone back to the Mayor, but a lot of the ideas and seeds that were
planted back by the Parks Authority have rooted and blossomed. Fast forward to today and I'm proud
to have played a big part in renovating Vissing Park, creating Woehrle Athletic Complex and the push for
long range plans, expanding River Stage and a large park on the east end. Management structure—all
we do today is taken for granted;this was created by a lot of people. Council members, employees, and
citizens take for granted a lot of the city processes, procedures and function that occur thinking that it is
the Mayor responsibility or we have always done this way. One example—when I was elected there was
no HR director, no human resource department; no job descriptions, no salary ranges, no hiring
standards or procedures. We had a lot of employment related complaints and lawsuits on a regular
basis. Risk manager for the city—for our employees who go out and work hard,and sometimes put
their life on the line; working with traffic. In planning and zoning, we updated and expanded codes and
increasing the department. We have financial structure with increased spending on streets, sidewalks,
public art and for the homeless now. We had the idea we to do it one time, but what about next year
and the next year. Along with Councilperson Samuel and others,we set a standard where every year we
are going to take some EDIT money and put it into these projects. City decision don't happen in a
vacuum and over the years I have been blessed to work with some great elected officials,and some
fantastic city employees, dedicated people—I want to name a few council people who mentored me
when I first got here—Senator Ron Grooms, Phil McCauley—fantastic leader understanding the finances
of the city, setting up TIF as well as doing contract negotiations. Connie Sellers had a big impact with
annexation and strong backbone of getting things done. John Perkins—he was a democrat and a lot of
the democrats did not support annexation, some people believed it was a big political ploy, it was not, it
was a long term great idea and he recognized that. Mike Smith—I appreciate your service and working
with you over the years, Ms. Gill and Mr. Samuel. I also want to thank Mayor Tom Galligan who made a
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big impact in the City, Mayor Rob Waiz who made a positive good impact and continues to do so,we
may always have disagreements with all these Mayors but they have all had positive impacts including
our current Mayor Moore who added a lot of positive impact over the last 8 years and I am sure he will
over the next 4. My first council meeting in 2004 I walked into a shared city county building
representing 25,000 citizens with a lot of financial challenges, it is amazing how much money we have
now have. We really had no momentum or identity; we were trying to figure things out. I leave today a
City with its own City Hall, its own identity, a city with twice the population, solid management
structure, better zoning codes, public arts scene, a very strong balance sheet, which I am proud of, and a
lot of positive momentum. I believe I fulfilled my goal of improving Jeffersonville and I challenge the
next council to make Jeffersonville better than they find it today.
ADJOURNMENT:
Councilperson Zastawny ADJOURN and the meeting adjourned at 8:24 P.M.
APPROVED BY:
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Vicki Conlin, Clerk
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