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Home My WebLink About11-19-2007COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA November 19, 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 November 19, 2007. '' Mayor Rob Waiz, with Clerk Treasurer Peggy Wilder at the desk, called the j meeting to order. Also present were City Attorney Les Merkley, and Deputy Clerk I' Treasurer Barbara Hollis. Mayor Waiz welcomed all in attendance, asking all those present to stand as Councilperson Grooms 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. Following discussion, Councilperson Grooms made the motion to approve the agenda with the removal of agenda items # 17 and # 19, remove # 16 replace with a ', Resolution regarding Clerk Treasurer, table #12, move #15 to 11A, and add #20A, an Ordinance of Additional Appropriation, second by Councilperson Sellers, 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 November 5, 2007 ', (7:30 P.M.) as presented, second by Councilperson Grooms, passing on a vote of 7-0. Council President Fetz made the motion to approve the minutes of November 5, 2007 (5:30 P.M.) as presented, second by Councilperson Samuel, passing on a vote of 7-0. ', Clerk Treasurer Wilder presented the claim list for consideration by the. Council. Councilperson Perkins made the motion to approve the claims as presented, second by Councilperson Zastawny, passing on a vote of 7-0. PUBLIC COMMENT: ', Mr. Mike Moore, 3101 Old Tay Bridge inquired about the Meijer funding of ', Meijer Field. Mayor Waiz will get with Parks Superintendent Rob Poff the next day. , __ November 19, 2007 2 !~ Mr. Larry Combs, 806 Holly Drive, said he was told he had to update his ', driveway due to standing water and if he participated the City would pay half. The driveway is done and the problem is worse. There .are no handicap ramps as promised. He has not paid. He has been called to say he is being sued. He does not intend to pay. Mr. Coombs presented pictures of the problem. Mayor Waiz will meet with Mr. ' Coombs. Mr. Mike Hutt, 2123 East 10th Street, appeared before the Council to express his ', concern that sidewalks were omitted by the firehouse at 10th and Renfoe. This is a requirement of the City. Mayor Waiz will talk with the architect. Mr. Hutt said. there is ~' another new business on 10th Street with no sidewalks. Mr. Dustin White, representing the Jeffersonville Commission on the Social Status of Black Males, thanked the Council for the support given and gave an update on the two conferences recently attended. Mr. White introduced Mr. Malliccaaii Green, a ', Jeffersonville High School Student. Mr. Green read a statement of appreciation ', (attached). ', Mr. Derek Spence, 531. East Maple, voiced concerns concerning One Southern ', Indiana funding the Presidential visit, which was a private function. Mr. Spence does not believe this is economic development. COUNCIL COMMENT: ', Councilperson Zastawny asked if the City is obligated to follow zoning ', regulations. City Attorney Merkley said the City does not have to follow zoning regulations. Clerk Treasurer Wilder noted a city sign with no sign permit. ', Councilperson Perkins asked Planning and Zoning Director Chester Hicks about ', requiring sidewalks on the new business on 10th .Street. Director Hicks answered. Councilperson Perkins asked that either .Director Hicks or Engineer Miller inform the business to put sidewalks in. Mayor Waiz agrees. '' DEPARTMENT HEAD REPORTS: There were no Department Head reports. AGENDA ITEMS: Ms. Jenny Griffin, 2926 Meadowlark Road, said she is disappointed and angered ' with the responses to her neighborhood complaints. She has been dealing with Allison November 19, 2007 3 ' Courtyard and Hallmarks Apartment problems for six years. She asks what authority ', does Planning and Zoning Director Hicks have. She has called Mayor Waiz daily. She was referred to City Attorney Merkley who she has called repeatedly. She was told Director Hicks has the authority to change plans. She has filed a complaint with the ', Public Access Counselor. She has voiced her concerns repeatedly. She does not want ', Allison Courtyard Phase 2 approved. She did not want Hallmark. The Plan Commission '', has stalled the request four times. Mellwood has been dealing with this for seven years. Ms. Griffin feels she has lost her privacy, her property value, and her safety. She thanked ', the Council for their time and any assistance given. She is happy to meet with anyone. ~, Mr. Mike Harrington, Attorney representing Eagle Steel and Mr. Hank Taylor of Eagle Steel appeared before the Council requesting passage of Ordinance No. 2007-OR- ', 72, An Ordinance Authorizing Issuance. Of Economic Development Revenue Bonds - Eagle Steel Products Inc. Mr. Taylor explained the property tax situation. Following discussion, Councilperson Sellers, made the motion to pass Ordinance No. 2007-OR-72 on the second and third readings, second by Councilperson Wilson, passing on a vote of 7-0. Planning and Zoning Director Chester Hicks requested passage of Ordinance No. ', 2007-OR-68, An Ordinance Adopting The Comprehensive Plan. Councilperson Perkins ', made the motion to pass Ordinance No. 2007-OR-68 on the second reading, second by '', Councilperson Grooms, passing on a vote of 7-0. City Attorney Merkley explained Ordinance No. 2007-OR-71, NPDES ', Municipal Separate Storm Sewer System Permit Requirements Ordinance. Councilperson Perkins made the motion to pass Ordinance No. 2007-OR-71 on the ', second reading, second by Council President Fetz, passing on a vote of 7-0. ', Councilperson Perkins explained the need for passage of Resolution No. 2007-R- ', 34, A Resolution Authorizing The Clerk Treasurer Of .The City Of Jeffersonville To Make Necessary Transfers In Order To Glose Out The year 2007. Councilperson Perkins made the motion to pass Resolution No. 2007-R-34, second by Councilperson Sellers, passing on a vote of 7-0. Mr. Alan Applegate, Attorney representing Ashbin, LLC and Rehab, LLC, appeared before the Council requesting passage of Ordinance No. 2007-OR-73, An !, November 19, 2007 4 Ordinance Changing The Zoning Map Designation Of A Certain Parcel Of Property ', Described As Being Part Of Lot No. 18 Of Catherine M. Hopkins Subdivision As Shown ', On Plat Book 3, Page 71 In Survey No. 3 Of The Illinois Grant, Clark County, Indiana '' From R1: Low Density Residential To M2: Multifamily Residential. Attorney Applegate ', explained the area and the plans. Councilperson Perkins inquired about the no ', recommendation from the Plan Commission. .City Attorney Merkley feels the no ', recommendation should be considered unfavorable. The applicant does not want atwo- story limit. Councilperson Perkins questioned the anticipated cost. It is anticipated the ', condos would cost $350,000 and up. Councilperson Zastawny asked about the square ', footage of the condos. Engineer Jorge Lanz explained the condos would be in the 1500 '' to 3000 square foot range. Councilperson Zastawny asked about the parking. Engineer Lanz said the parking would be enclosed: Councilperson Merkley said the Council could ', amend and send back to the Plan Commission. Mayor Waiz announced this is a public hearing asking for public comment. Ms. Martha Bleich, 67 Arctic Springs voiced her concern for the rezoning of the Malone property. She voiced concerns regarding the ', wetlands map and the Utica Pike overlay. Architect Josh Hillman said there would be a geological study. Ms. Shirley Munich, 63 Arctic Springs read a statement (attached). Architect Hillman answered Ms. Munich's concerns saying there would be a turnaround ', and addressed the wetlands. Council .President Fetz asked why rezone? Attorney ', Applegate explained the goal is to separate and for density purposes. Attorney Applegate presented a zoning commitment (attached). Following al discussion, ', Councilperson Perkins made the motion to pass Ordinance No. 2007-OR-73 without ', restriction, second by Council President Fetz. .Councilperson Grooms questioned the height. Councilperson Zastawny said the debate held tonight would be best at the Plan Commission. He would like to send it back. The motion to pass Ordinance No. 2007- ; OR-73 passed on the following roll call vote: AYES: Councilpersons Samuel, Grooms, Wilson, Sellers, Fetz, and Perkins. NAYS: Councilperson Zastawny. ', Councilperson Perkins then made the motion to pass Ordinance No. 2007-OR-74 (R2) An Ordinance Changing The Zoning Map Designation Of A Certain Parcels Of Property Described As Being Part Of Lot No. 118 Of Catherine. M. Hopkins Subdivision As November 19, 2007 5 Shown On Plat Book 3, Page 71 In Survey No. 3 Of The Illinois Grant, Clark County, Indiana: Parcel II: From Rl: Low Density Residential To R2: Medium Density Residential, (1,280 Acres +/-); Parcel III: From R1: Low Density Residential To R2: Medium Density Residential, (3.267 Acres +/-); Parcel IV: From R1: Low Density Residential To PR: Parks & Recreation, (0.0738 Acres +/-), second by Council President Fetz, passing on a vote of 6-1. Councilperson Zastawny voted in opposition. ', Councilperson Grooms explained the need for passage of Resolution No. 2007-R- 35, A Resolution To Advertise For An Additional Appropriation (EDIT Fund). ', Councilperson Grooms made the .motion to pass Resolution No. 2007-R-35, second by Councilperson Perkins, passing on a vote of 7-0. Councilperson Wilson voiced concerns '', for sidewalks on 8t" Street saying they ai~e overdue and need to be done. Councilperson ', Grooms said the advertised amount should be enough. Councilperson Grooms then made the motion to pass Ordinance No. 2007-OR-75, An Ordinance Of Additional ', Appropriation (EDIT Fund -Sidewalks) on the first reading, second by Councilperson Perkins, passing on a vote of 7-0. CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS, COUNCIL AND MAYOR COMMENTS: ', Councilperson Samuel presented, a police software update expressing the need to move forward. He then presented a new form asking the Council to look it over. Councilperson Samuel reported the Jeff Industrial .Park. sign is up as well as the l Ot" ', Street entrance sign. Redevelopment has paid for these. He asked about the change at ', Alison Courtyard. Councilperson Perkins -said he would propose an Ordinance at the next meting. Director Hicks may approve modifications. Ms Jenny Griffin said nobody listens. Councilperson Grooms called attention to the appointment list. He will meet Wednesday morning with Councilperson Samuel and Deputy Hollis regarding the budget order. There will be a special meeting Monday, December 3, 2007 at 5:30. ', Councilperson Grooms thanks Officer Grimes and Jeff High Student Sperzel. Councilperson Wilson said the Park Board would like to meet with the Council,. Light Up Jeffersonville will be November 29, 2007. _ __ November 19, 2007 6 Councilperson Zastawny has talked with Mayor-elect Galligan and would like to ', hear his vision regarding the Park Department. Councilperson Zastawny does not feel good about the Fire Department sidewalks. He hates to see the frustration expressed tonight regarding Alison Courtyard. ' Council President Fetz called attention to a letter from Sun Properties regarding Christmas decoration. He has made copies of a thank you letter from The Falls Of The Ohio Foundation, Inc. Council President Fetz called attention to the new memorial in the building saying it is a good presentation. The WAVG affiliate is still considering programming. He will reach out to them again. ', Mayor Waiz said Planning and Zoning topics ar an issue. Mayor Waiz announced a $1,000,000 grant approval for the Big our Bridge. i is a huge boost. L As there was no further business to co before t o ncil, the meeting was adjourned 9:35 P.M. `- -+ '', RO$ERT L. WAIZ, AYOR A EST: ~ t~~~~ PEGGY ILDER, CLERK AND TREASURER