HomeMy WebLinkAbout08-20-2007
COUNCIL PROCEEDINGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
August 20, 2007
The Common Council of the City of Jeffersonville, Indiana met in regular session
in Room 101, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, at 7:30 P.M.
on Monday August 20, 2007.
Mayor Rob Waiz, with Deputy Clerk Treasurer Barbara Hollis at the desk, called
the meeting to order. Also present was City Attorney Les Merkley. Mayor Waiz
welcomed all in attendance, asking all those present to stand as Councilperson Samuel
gave the invocation. Mayor Waiz then asked all those present to join him in the pledge of
allegiance to the flag.
The roll was called and those present were; Councilpersons John Perkins, Ed
Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Nathan Samuel, and Ron Grooms.
Absent: None.
Mayor Waiz introduced Jeffersonville High School Wrestling Coach Danny
Struck and Assistant Coach Rinehart. Coach Struck introduced each member of Team
Jeff noting travels and accomplishments. Coach Struck thanked the Mayor and Council
for the support given the team. MayorWaiz presented all members Commodore Of The
Port certificates.
Following discussion, Council President Fetz made the motion to approve the
agenda with the addition of agenda item # 11 A Vehicle ID Ordinance, and agenda item
#12A, Council District Ordinance, second by Councilperson Wilson, passing on a vote of
7-0.
Mayor Waiz presented the minutes for consideration by the Council.
Councilperson Wilson made the motion to approve the minutes of July 30, 2007 (5:30
P.M.) as presented, second by Councilperson Grooms, passing on a vote of 7-0.
Councilperson Wilson made the motion to approve the minutes of August 6, 2007 (5:30
P.M.) as presented, second by Councilperson Perkins, passing on a vote of 7-0.
Councilperson Wilson made the motion to approve the minutes of August 7, 2007 (5:30
P.M.) as presented, second by Councilperson Perkins, passing on a vote of 7-0.
August 20, 2007
2
Councilperson Wilson next made the motion to approve the minutes of August 6, 2007
(7:30 P.M.), second by Councilperson Perkins, passing on a vote of7-0.
Deputy Clerk Hollis presented the claim list for consideration by the Council.
Councilperson Grooms made the motion to approve the claims as presented, second by
Councilperson Sellers, passing on a vote of 7-0.
PUBLIC COMMENT:
Mr. Don Bucholz, 8609 Eagle Trail noted a number of people in attendance are
opposed to the annexation of Area "E". He asks the Council to review annexation of the
"Lynn" parcels.
Mr. Mike Whitis, representing Building Trades Association of Southern Indiana
said the Association does not find the homes proposed to be offensive. He encourages
the Council to override the veto to continue progress.
Ms. Denise Ware, 8512 Falcon Road requested the Council rescind the
annexation amendment regarding zoning in annexation area "E". Ms. Ware's written
statement is attached.
Mr. Justin Roberts, 8604 Falcon Road, spoke about the five and one half year
controversy regarding the "Lynn" property. Mr. Roberts written statement is attached.
Mr. David Nachand, Attorney representing Robert Lynn Co., spoke regarding the
zoning of the "Lynn" property. This is not a PUD development. Attorney Nachand
explained the zonings and the permitted uses (chart attached). He feels the zoning is a
"no brainer", and a responsible use of the property. The railroad will not allow another
entrance/exit. Attorney Nachand asks the Council to confirm the annexation.
Mr. Bob Lynn explained the traffic plan. He has not built a construction road as
yet. He has received permission from the railroad to cross for construction. Legal
procedures have been followed. He has been open and asked for meetings.
Councilperson Perkins asked for the lot size. Mr. Lynn replied 50' x 100' to 150'.
Councilperson Zastawny asked about Plan Commission approval. Mr. Lynn replied he
would have to go to the Plan Commission. Councilperson Zastawny asked about
drainage. Mr. Lynn said he would have to go the Drainage Board. Councilperson
Zastawny asked about the size and cost of the homes. Mr. Lynn replied the homes would
range from 1200 to 1900 square fees with a price range of$120,000 to $165,000.
August 20, 2007
3
Mr. Bruce Herdt, 3016 Apache Drive, feels zoning does not fit with the current
neighborhood. The County saw fit to turn this down. Mr. Herdt is concerned for
drainage in the Oak Park Conservancy District. Mr. Herdt asks to "stop this thing now".
Mr. Brian Smith, 2110 Allison Lane, is concerned about declining neighborhoods.
He asks the Council to think about compassion.
Ms. Trish Roehm, 514 Camp Creek Road Bethlehem, voiced concerns about the
J. B. Ogle Animal Shelter problem. She is concerned the City has all the say. The
Animal Shelter belongs to all in the County. She feels there are no checks and balances.
There are no volunteers. She asks the Council to consider a board that would have
authority, not a board just in name. There is no adoption program off-site.
Council person Sellers said there is a volunteer program at the shelter.
Ms. Beth Mull said she was a volunteer at the Animal Shelter for four years. She
no longer volunteers as she became very discouraged with how it is operated. She would
love to see employees have the attitude of going the extra mile. She would like to have a
goal for the shelter. Petfinder.com needs to be utilized every week. There needs to be
paper work and policies. She never felt welcomed. She would like to see the animals fed
Science Diet Food. There needs to be more people involved.
Ms. Sandy Langford is concerned about the area Mr. Lynn has proposed to build
on. There are sink holes in the area and she has a concern for the water supply.
Mr. Ralph Summers, a resident of Indian Hills, thanked Mayor Waiz for his veto
of the Annexation Ordinance. Mr. Summers said Councilperson Perkins made a
comment about leaving a legacy. He believes the legacy is a gross interpretation.
Councilperson Grooms has likened annexation to a merger. Mr. Summers believes it is
more of a "hostile takeover". Mr. Summers said the newspaper quoted Councilperson
Perkins as saying it will be a proud moment when the council overrides the Mayor's veto.
Mr. Summers says, "pride goes before the fall". Mr. Summers is concerned there is no
comment time allowed following council comments.
Mr. Charlie Milburn, 22 Linden Road, thanked Mayor Waiz for his veto of the
Annexation Ordinance. He also thanks Mr. Summers. He believes there will be
foreclosures. The Council will have this on their head. He asks the Council to be
responsible with government.
August 20, 2007
4
Mr. Tom Yingling, Rainbow Ridge, feels he will personally benefit from
annexation. He does not feel the Council has done their homework. He said they do not
have input from the people they do not represent as yet. They do not have all the input
they need. More study is needed. The plan needs to be modified. "One size doesn't fit
all". He asks the Council to let the Mayor's veto stand. Elections are coming up. It is
bad government when people are not represented.
COUNCIL COMMENTS:
Councilperson Zastawny noted the drainage analogy is not fair as those that pay
for drainage will get the benefit. Those in the Oak Park Conversancy District will not be
served the same.
AGENDA ITEMS:
Council President Fetz presented and explained Ordinance No. 2007-0R-45, An
Amended Ordinance Requiring Jeffersonville City Vehicle Identification. Following
discussion Council President Fetz made the motion to pass Ordinance No. 2007-0R-45
as amended on the first reading, second by Councilperson Sellers, passing on a vote of 7-
O.
Council Attorney Greg Fifer explained the rules to override a veto. Attorney Fifer
spoke regarding zoning concerns. The process is not perfect. It was as close as possible.
Zoning can be changed after the first of the year. Attorney Fifer spoke about the excess
levy appeal process (attached). Councilperson Perkins made the motion to override the
veto of Ordinance No. 2007-0R-lO, second by Councilperson Zastawny. Council
President Fetz commented he intends to vote against the override. He will work to
rescind the Ordinance for further study. The motion to override the veto of Ordinance
No. 2007-0R-I0 passed on the following roll call vote.
Ayes: Council persons, Perkins, Zastawny, Sellers, Wilson, Grooms, and Samuel.
Nays: Council President Fetz.
Councilperson Grooms presented and explained the need for passage of
Ordinance No. 2007-0R-46, An Ordinance Assigning Newly Annexed Territory To
Council District Five. Councilperson Grooms made the motion to pass Ordinance No.
2007-0R-46 on the first reading, second by Councilperson Zastawny, passing on a vote
of7-0.
August 20, 2007
5
Redevelopment Director Barry Cahill presented and explained a worksheet and
Tax Abatement Advisory Review for Becker Acroma Corporation related to Resolution
No. 2007-R-24, A Resolution Approving Statement Of Benefits For Purposes Of Real
Property Tax Abatement, and Resolution No. 2007-R-25, A Resolution Approving
Statement Of Benefits For Purposes Of Personal Property Tax Abatement. Director
Cahill explained this is "a better than usual" application. Following discussions and
recommendations the Resolutions were amended. Councilperson Perkins made the
motion to pass Resolution No. 2007-R-24, second by Councilperson Sellers, passing on a
vote of 7-0. Councilperson Perkins than made the motion to pass Resolution No. 2007-
R-25, second by Councilperson Wilson, passing on a vote of 7-0.
Redevelopment Assistant Director Beth Keeney and Assistant Fire Chief Tony
Decker appeared before the Council to request matching grant funds. Assistant Chief
Decker thanked the Council for building the new stations. He then presented and
explained a staffing request proposal (attached). Assistant Director Keeney explained the
Federal grant. Following all discussion, Councilperson Perkins made the motion to
provide the matching funds, second by Councilperson Sellers, passing on a vote of7-0.
CLERK TREASURER COMMENTS:
There were no Clerk Treasurer Comments.
COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS:
Councilperson Samuel appreciates Mr. Roberts and Ms Ware's comments and
concerns for traffic flow and consistency in property values. Other comments will be
addressed after January 1,2008.
Councilperson Grooms has visited the Bethany Farms area and talked with Ms.
Ware and others. This is a tough issue. There is a need to find a common ground.
Amending the Annexation Ordinance will be discussed. Councilperson Grooms thanks
Officer Grimes for his attendance. He also thanks Sara from Jeffersonville High School.
The emotions expressed are real. He hopes all are able to concentrate on the issues. He
is up to the challenge and looks forward to it.
Councilperson Wilson agrees with Councilperson Grooms and Councilperson
Samuel's comments. Jeffersonville has a lot to be proud of. The recent performances of
Footloose at Riverstage and the Concerts In The Park have been wonderful.
August 20, 2007
6
Councilperson Sellers also agrees with Councilpersons Samuel and Grooms. If
she had known more she would not have included Area E in the Ordinance.
Councilperson Perkins announced the new sound and recording system should be
installed the first week in September. Councilperson Perkins is amused with the
comments to slow down and study annexation. The process started two and one half
years ago. He feels this has been done with due diligence. Golfview, Meadows, and
Clays burg have been annexed. Annexation is the means for orderly growth while
controlling planning and zoning.
Council person Zastawny is comfortable with the annexation process that was
taken. He is comfortable with the fiscal plan. This will bring new blood to Jeffersonville
with increases in health and safety, economics, and politics.
Council President Fetz believes some growth is needed. He would like to have
seen more controlled growth. It is a struggle now for Police and Fire. He hopes to find a
way to deal with this. He feels services will be stretched too thin.
Councilperson Zastawny said there is still a lot of work to be done. He promises
to do so ifhe is here in January.
Mayor Waiz noted Footloose is a great production. Mayor's Night will be held
August 27,2007 in Suburban Acres.
Redevelopment Director Cahill said Redevelopment has reached an agreement
regarding the hospital property with a price adjustment. The agreement would drop the
proceeds from $345,000 to $201,931. The consensus of the Council is that this is not
acceptable. Director Cahill suggests he be emailed a number the Council would be
comfortable with.
t e Council, Councilperson
Sellers,
As there was no further business to
Perkins made the motion to
passing on a vote of 7 -0.
,
A .Jl)EST:
~~~
PEGGY ILDER, CLERK AND TREASURER
Written Statement by Denise Ware-Poukish submitted to the Jeffersonville
City Council on 08-20-07
I am here to request that you as a council rescind the amendment that was passed on 08-06-07 in
regards to the two parcels of land owned by Robert Lynn included in Annexation Area E to a
zoning more appropriate for the area.
Historically, we have been involved in fighting the re-zoning of these parcels to a PUD or your
equivalent R-3 zoning since 2002. He has been rejected as many as four times on PUD
development of these two parcels at the county level and has now sought refuge with
Jeffersonville with a voluntary annexation.
I would like to make it clear that our group has never been in opposition of development, quite
the contrary. In fact we have been in mediation with Mr. Lynn and proposed to him developing a
standard development under county standards. But he refused to negotiate wanting his high
density PUD development.
The issues are the same now as they were when he proposed this PUD zoning to the county.
There is only one entrance and exit into his Falcon Crest development which is thru Bethany
Farms. The amount of traffic that will be brought by this high-density housing presents many
public safety issues for us. There is no construction entrance available for this development
either.
The R-3 zoning classification as it causes higher density may work for well more urban areas
where people can access public transportation, grocery stores, businesses etc. but it does not fit
this area. The reality of both of the properties is that they are a long distance from what even
your new boundaries will be, except for the ammunition plant. It is 4 miles to the nearest gas
station, 5 miles to the nearest grocery store, and no public transportation exist anywhere near
here.
It is of our opinion that Mr. Lynn's request in the amendments to give up his M-l zoning that was
designated by your fiscal plan in the beginning to an R-3 zoning was an intentional attempt to
circumvent the normal change of zoning process. The last minute amendments were done so
that no public comment or remonstrance could be made. We were never notified of any of this
because we are not part of your annexation but yet directly affected by this decision.
R-l zoning, while not completely compatible with this area is a much better fit. It will allow for a
much lower density development and will not place a burden on your city for services that an R - 3
zoning classification will, just based on lesser population.
I urge you to amend the fiscal plan and designate this area with an R -1 zoning. You are on the
cusp of making monumental decisions that will effect Jeffersonville, Clark County and the
families that live here for generations. Serving one developer for the sake of all others would be
an injustice to our entire democratic system.
COMMENTS TO JEFFERSONVILE
CITY COUNCIL RE BOB LYNN'S
PLANS FOR DEVELOPMENT OF THE
FALCON ROAD EXTENSION
My name is Justin Roberts, and I live at 8604 Falcon Road, which is in Bethany
Farms and just three doors east of one of the two developments Bob Lynn is planning
involving ~~xtension of Falcon Road. This is a project that was placed before this
'I"1PII' 1 'f. d'fi' h . d' hi h
COunC1"},as a ast mInute mo 1 1catlon to t e annexatIOn or mance w c you are now
dealing with. Actually, this is a project which has been the subject of controversy in our
area for the last five and a half years.
I want to make three points about this ill-conceived plan of Mr. Lynn's. First, the
majority of residents of Bethany Farms and Farmington Station are not opposed, nor have
they been opposed to development of the property in question IF development is
reasonably consistent with property values in the neighborhood. Regardless of personal
opinions, that has been our community stance from the start. Second, the crowding of
about a hundred dwellings and resident families into a limited area without a second
traffic exit, other than Falcon Road, is a travesty on common sense and a shameful
inattention to traffic safety. Third, if this area is annexed into Jeffersonville under the
plan now on the table, Jeffersonville police and public safety units would have to take the
long way around via Bethany Road to respond to emergencies.
Time does not allow me to comment on the plans for the property lying between
Hight162 and the railroad bordering Falcon Road residences. If time permitted, the gist
of my comments would be similar.
Frankly, weVuld like to see this whole proposed development mess bulldozed
into a sink hol~But,we at the very least ask this council, if you override the annexation
veto, to specifically revert~~~ strict city zoning, without any grandfathering
clause, for any future development that may take place.
Thank you for your attention.
CITY OF JEFFERSONVILLE, INDIANA
EXCESSIVE LEVY APPEAL PROCESS
· Any city/town that determines that it cannot carry out its governmental functions for
the ensuing calendar year under the levy limitations imposed by statute may .2.!!....!!!
before September 19 ofthe year preceding the ensuing calendar year appeal to the
Department of Local Government Finance for an increase in levy.
· A city/town must consider application for an appeal during budget preparation,
advertise the appeal in Col. 4 of budget Form 3 and increase the general fund
levy to incorporate the appeal amount.
· Copies of any annexation ordinances, plans, and financial information must be
submitted to the Administrative Officer of the Local Government Tax Control
Board as well as a copy of the ensuing year's maximum levy worksheet. This
appeal results in a permanent increase to the unit's maximum levy.
· For consideration before the Local Government Tax Control Board, all excessive
levy appeal requests must include the following information in addition to the type of
information required for the type of appeal under consideration:
· Report of appealing taxing unit.
· Ensuing year maximum levy sheet for funds under appeal.
· Ensuing year budget proof of publication.
· Estimate of miscellaneous revenue (Budget Form 2) for funds under appeal
· "16 Line" Financial Statement (Budget Form 4B) for funds under appeal.
· Resolution from fiscal body approving the excessive levy appeal.
· Ten (10) copies of all of the above.
· Starting in 2009, all appeals will go before the "local" control boards in each county
before going to the DLGF. The state LGTCB is eliminated on Dec. 31, 2008.
AUG. 20. 2007 2: 17PM
812 949 8946
NO. 119
P. 1
Falcon Crest
30.241 Acres
Zoning Requested
Clark County Jeffersonville with Voluntary
Specifications Existing Plat Proposed Zon ing Restrictions bv Owner
Zone Classification R-2 M-1 R-3 with minimum
101 width of 50'
Primary Permitted
Useages Duplexes Multi-Family Single Family
(Single Family (Single Family Residential
Allowed) Not Allowed)
Lot Width 37.5' per unit 17.5' per unit 50'
(75' for 2 units) (70' for 4 units)
# of Dwelling Units 192 363 145
or Maximum Density
AlloWed
Minimum Sq. Footage 500 sJ. 750 sJ. 960 s.f.
Per Unit
Density (Unit Per Acre) 6.35 12 4.80
Lot Coverage
30%
65%
30%
Jeffersonville's M-1 Zoning Classification does not allow single family homes except by
special exception only. Clark County's R-2 Zoning Classification allows single family homes
as does Jeffersonville's R-3 Zoning Classification. The specifications of the requested R~
Zoning, with voluntary owner restrictions, match up very favorably in regards to useage and
lower density compared to the current Clark County R-2 Zoning of Falcon Crest..
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