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HomeMy WebLinkAboutNOVEMBER 7, 2016 COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA NOVEMBER 7, 2016 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 Monday, November 7, 2016. Council President Owen along with City Clerk Conlin called the meeting to order at 7:00 pm. Councilperson Samuel gave the Invocation and Council President Owen 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 Jahn, Councilperson Maples, Councilperson Gill, Council President Owen, Councilperson Hawkins, Councilperson Samuel, and Councilperson Rodriquez. MINUTES TO BE APPROVED: Minutes from the Council Regular Proceedings October 17, 2016—Councilperson Gill stated she just noticed a typo on page 3. In the first paragraph it should read "to" instead of"ot". Councilperson Gill made a motion to APPROVE the minutes with the changes, with Councilperson Jahn seconding, PASSING on a vote, 9-0. APPROVAL OF THE AGENDA: Council President Owen stated under New Business item #4 will become item #2 as these applications have the same developer. Also#8 is a presentation and proposed Ordinance for the Overlay District. It is a Public Hearing. The Public Hearing will still be held however the Council will not be taking action on this matter tonight. Instead there will be a Workshop scheduled for November 21, 2016 at 5:30 PM to go over additional questions. Councilperson Gill made a motion to APPROVE the agenda with the mentioned changes with Councilperson Jahn seconding, PASSING on a vote,9-0. CLAIMS TO BE APPROVED: City Controller Heather Metcalf presented the Claims. Councilperson Gill stated she went over the claims and pretty much everything was in order. Councilperson Gill made a motion to APPROVE the Claims as presented with Councilperson Jahn seconding, PASSING on a vote, 9-0. REPORT OF THE CLERK: Clerk Conlin said that she received a letter for the Clark County Youth Shelter about their Celebrity Waiter event for the Holiday Season. Councilperson Gill made a motion to SUPPORT the $500 to the Youth Shelter for a table. Councilperson Hawkins seconded, PASSING on a vote,9-0. Also there needs to be a transfer for the Fire Merit Board. We just received a bill for the amount of$29,650 and there is currently only$17,000 in that line. We can either add that to tonight's transfer or have it on the agenda for the next Council Meeting. It will be put on tonight's transfer. Also Clerk Conlin received a bill $86 for food when the Board members did interviews. They are not paid for that process so they purchased food. Council President Owen stated he recommended not entertaining the bill for$86.84 and there is a process to get those items approved prior to the event and it was not followed. 1 AGENDA ITEMS: UNFINSHED BUSINESS: 1. Nathan Pruitt—2016-OR-67 An Ordinance Establishing a Landscaping Fee In -Lieu Program, (Passed on 1St reading, request revisions 10/3/16)— Planning and Zoning Director Nathan Pruitt presented 2016-OR-67. The requested revisions were made and now Planning and Zoning Commission will have the say on this matter. Councilperson Jahn asked if the developer would make a proposal at the Planning and Zoning Commission meeting or with the Planning and Zoning Director. The Developer would meet with the Planning and Zoning Director to go over the application and then it would go before the Commission for approval. Councilperson Hawkins asked if the Commission could still do exemptions and the Commission would still have the authority to do the exemptions. This is just another option for developers. Councilperson Gill stated she feels as though the City needs to get as many trees as possible and letting developers buy their way out of that may not be the best way to get that done. Council President Owen said to him this is very comparable to the Sidewalk In Lieu Program. Councilperson Zastawny said he likes this idea. He likes that the final approval is with the Planning and Zoning Commission and that it goes before a Public Meeting. Mr. Pruitt stated we recently lost about 200 acres of trees. This could help reestablish those that were lost and again is not mandated but just an option. Councilperson Jahn said she does not feel it is the responsibility of the developers to reestablish those trees. Councilperson Rodriquez asked Mr. Pruitt how many Sidewalk in lieu of fees have been done. Mr. Pruitt said that is done through Engineering and he is unsure. Councilperson Zastawny made a motion to APPROVE 2016-OR-67 on the second and third reading with Councilperson White seconding. A roll call was requested. Councilperson White—Yes Councilperson Zastawny—Yes Councilperson Jahn —No Councilperson Maples—Yes Councilperson Gill —No Council President Owen —Yes Councilperson Hawkins—Yes Councilperson Samuel—Yes Councilperson Rodriquez— No 2016-OR-67 PASSED on a final vote of 6-3. 2. Nathan Pruitt—2016-OR-70 An Ordinance Amending Portions of the Zoning Ordinance (2001-OR-61) (Tabled 10-16-16) —Planning and Zoning Director Nathan Pruitt presented 2016-OR-70. He passed out a handout that showed the increase in fees compared to similar size cities. The increases are light on small businesses and small lots. The fee for noncompliance has been decreased to $100. 2 Councilperson Gill asked when the last time the fees were adjusted. They were last adjusted in 2000. Councilperson Jahn said she notices that the Carmel and Fischers fees just increase the overall mean. She wonders if those should really even be included because they are not local to us. Also she would like to see Clarksville's numbers. Clarksville's numbers were not online when this was completed. Charles Smith asked if he could speak. The commercial fees don't seem to be too far out of line but some of the residential is a little high. Overall these fees are going to be pushed to the homeowners. Councilperson Hawkins said he is still concerned. If the business owners pay this, some way it is going to affect their pricing so the consumer ultimately pays the price. Councilperson Jahn said she is still concerned on how this will be enforced. Councilperson Rodriquez stated he would like to see this go back before Planning and Zoning Commission. Councilperson Zastawny made a motion to TABLE 2016-OR-70 with Councilperson Rodriquez seconding, PASSING on a vote, 9-0. 3. Heather Metcalf—2016-OR-71 An Ordinance Transferring Certain Funds Within the Same Department (Passed on 1st and 2nd reading 10-16-16)—City Controller Heather Metcalf presented 2016-OR-71. There have been no changes since the last reading. Councilperson Gill made a motion to APPROVE 2016-OR-71 on the third and final reading with Councilperson Rodriquez seconding, PASSING on a vote, 9-0. 4. Heather Metcalf— PUBLIC HEARING 2016- OR-72 An Ordinance of Additional Appropriation (Passed on the 11t and 2nd reading 10/16/2016). City Controller Heather Metcalf presented 2016-OR-72. There have been no changes since the last reading. Council President Owen opened the Public Hearing at 7:55 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Rodriquez made a motion to APPROVE 2016-OR-72 with Councilperson Gill seconding, PASSING on a vote, 9-0. NEW BUSINESS: 1. Les Merkley— PUBLIC HEARING - 2016-OR-73 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 4900 New Block of New Chapel Road and Fully Described in Attached Exhibit A from R3 to C2 (Pass on one reading)—City Attorney Les Merkley presented 2016-OR-73. Mr. John Campbell of Heritage Engineering stated this is the first phase of multiple in order to do an assisted living type of facility. They will hopefully be back soon with applications for two additional parcels. The deed will be restricted for only assisted living type of facility. Councilperson Jahn stated there was no negative feedback in the neighborhood meetings and Councilperson Gill commended them on their public involvement and notification. Council President Owen opened the Public Hearing at 8:01 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Hawkins stated at Planning and Zoning Commission there was a discussion about what assisted living means 3 and all questions were answered. Councilperson Hawkins made a motion to APPROVE 2016-OR-73 with Councilperson Rodriquez seconding, PASSING on a vote, 9-0. 2. Les Merkley—PUBLIC HEARING -2016-OR-74 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 3100 Block of Utica Sellersburg Road and Fully Described in Attached Exhibit A from R1 to C2 (Pass on one reading)—City Attorney Les Merkley presented 2016-OR-74. This property is the same development as the last. Council President Owen opened the Public Hearing at 8:03 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 2016-OR-74 with Councilperson Rodriquez seconding, PASSING on a vote, 9-0. 3. Les Merkley—PUBLIC HEARING -2016-OR-75 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 812 Penn Street and Fully Described in Attached Exhibit A from R3 ( Old City Residential) to IS (Pass on one reading) —City Attorney Les Merkley presented 2016-OR-75. The applicant is here tonight, Angela Ray with Family Time. This comes with a favorable recommendation from the Commission. Ms. Ray said their program has expanded and due to that they purchased this property to implement independent living skills. There are no overnight components to the program, it is only Monday through Friday and it is staffed by Social Services Professionals. The children/teenagers who participate are very involved, they do the yard work, plan the meals, and clean up afterwards. Councilperson Gill commended Ms. Ray and said that they have done an excellent job in cleaning the property. Councilperson White stated that he has worked with this Organization and they do great work. Councilperson Samuel said he also has worked with Family Time and they are good people. Council President Owen opened the Public Hearing at 8:08 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Samuel made a motion to APPROVE 2016-OR-75 with Councilperson Rodriquez seconding, PASSING on a vote, 9-0. 4. Les Merkley—PUBLIC HEARING - 2016-OR-76 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 4315 Utica Sellersburg Road and Fully Described in Attached Exhibit A from R2 to C1 (Pass on one reading) —City Attorney Les Merkley presented 2016-OR-76. This comes with a favorable recommendation from the Planning and Zoning Commission. The applicant is not present. This will only be used for personal storage at this time. Council President Owen opened the Public Hearing at 8:11 PM and 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 2016- OR-76 with Councilperson Samuel seconding, PASSING on a vote, 9-0. 5. Vicki Conlin—2016-OR-77 An Ordinance Amending 2015-OR-18, Which Amends 2012-OR-2, Which Amends 2011-OR-49, Which Amends 2009-OR-13, Which Amends 2008-OR-56, An Ordinance Establishing Departmental Petty Cash and/or Cash Change Fund —City Clerk Conlin presented 2016-OR-77. On pg. 2 we are changing the title for the Court to Ordinance 4 Violations Bureau and then for Waste Water under Office Manager is $100.00. Councilperson Samuel made a motion to APPROVE 2016-OR-77 on the first and second with Councilperson Zastawny seconding, PASSING on a vote, 9-0. 6. Heather Metcalf—2016-OR-78 An Ordinance Transferring Certain Funds Within The Same Department—City Controller Heather Metcalf presented 2016-OR-78. We are adding the Transfer for the Fire Merit that was discussed earlier. Councilperson Samuel said he thought the Police were good on vehicles this year. Council President Owen said it was his understanding that they had the money and are wanting to make a payment towards next year. Councilperson Gill asked why they did an additional appropriation for the Pool for overtime and now that money is being transferred elsewhere. City Controller Metcalf stated the money is in there. Councilperson Hawkins made a motion to APPROVE 2016-OR- 78 on the first and second reading with Councilperson White seconding, PASSING on a vote, 9-0. 7. Heather Metcalf—2016-OR-79 An Ordinance of Additional Appropriation (Public Hearing 11/21/16) —City Controller Heather Metcalf presented 2016-OR-79. The first two are for Insurance Reimbursement. The last is for new telephones. IT Director Matt Dyer came forward and stated that our phones are dated and we can no longer get service on them if something happens. The money is coming from the Cum Cap Improvement money. Councilperson Hawkins made a motion to APPROVE 2016-OR-79 with Councilperson Jahn seconding, PASSING on a vote, 9-0. 8. Les Merkley— PUBLIC HEARING 2016-OR-80 An Ordinance Amending Portions of the Zoning Ordinance (2000-OR-61)To Align With the Recently Adopted Jeffersonville Comprehensive Plan Update (2015-OR-58)— Planning and Zoning Director presented the Downtown Residential Overlay District (See attached for information). There is going to be a housing shortage in the next several years based on the anticipated growth of Jeffersonville. Councilperson Gill asked if Mr. Pruitt had taken into account the infrastructure downtown and if it would be able to handle this type of development. Mr. Pruitt stated that the Developers will have to pay to ensure the working infrastructure and that is a valid concern. Councilperson White stated he was concerned about the traffic buildup and he has spoken with Jorge in regards to this. He asked if any plans had been approved and Mr. Pruitt stated no specific plans were in the process of approval. Council President Owen opened the Public Hearing at 8:52 PM. Case Kuiper—322 W. Market Street. —Mr. Kuiper stated Rose Hill Neighborhood is the oldest historic neighborhood in Jeffersonville. The current Ordinance, which only allows 40 ft. structures protects the value of the residences' homes. He is not anti-development, but he would like to preserve what they currently have. This is not smart growth. Having structures 100 ft. high would overshadow their homes. All they are asking is that this not be a blanket ordinance approving the 100 ft. homes and that it is looked at upon a case by case basis. Glenn Zwanzig—311 Pearl Street— Mr. Zwanzig stated he is concerned over the plans and designs. This is the 3rd meeting he has attended and it has changed each time. He has 5 heard that the City is also requesting a 10 year extension on fixing the current sewer issues. In the mornings, the odor is offensive and he does not think adding multifamily homes in the magnitude that is being presented is smart for the infrastructure when it is not even working for what is currently there. This seems irresponsible and as though there is a hidden agenda. He is wondering if it is time for the neighborhood to seek legal representation. Charles Smith —5150 Charlestown Rd. —Mr. Smith stated this seems like smart growth to him that seems to fit in with the approved Comprehensive Plan. This is a good opportunity to introduce the mix use and mix style into the area. This is Jeffersonville's chance to take a step ahead. Mary.lo Carrico—217 W. Market St. — Parking is already an issue in the area. The City should be striving to preserve and protect this neighborhood. Pat Barrow— 1800 Dutch Lane—Ms. Barrow really just wanted the neighborhood to have a voice. She is happy to see that there will be a workshop and will reserve her comments for then. Deborah Henderson —220 Meigs Avenue— It seems to her that based off of the last meeting she attended it was talk about additional children coming into the area. Now it is being said that these will be appealing to young professionals and empty nesters. It seems as though there is a lot of conflicting information. She would like to see units that are purchased by individuals as opposed to strict rental units. Brandy Brewer—321 Pearl Street Stacie Thompson -3120 Georgian Way—She is seeing a lot of tax abatements for developments and if this is approved she would like to see that not continue. It seems as though this could help to support the businesses on Spring Street. She too, would like to see the opportunity for home ownership instead of all rentals. Brandon Denton — 131 W. Chestnut— He believes these things attract people to the area. It is important to not waste the opportunity to use the momentum that Jeffersonville has going right now. You do not want people moving to Louisville and coming to Jeffersonville to work, you want them working and living in Jeffersonville. Deb Bullett—309 Pearl St. —Ms. Bullett said she has no problem with who lives around her. The City only has one chance to get this right. We want to make sure we are getting people in here who can afford to shop and eat locally. We do not what to undo the great things that have already been done. Josh Thompson —402 W. Market—Mr. Thompson stated he likes what has happened so far but is concerned about becoming overcrowded. This seems like a bad idea. Melody Carrico — 112 Clark Street—We need to take into account the repairs that these buildings are going to need in the future. She does not want to see another high rise in the historic area and would like for this to be looked at on a project by project basis. As no other members of the Community came forward to speak the Public Hearing was then closed at 9:24 PM. Councilperson Samuel made a motion to TABLE 2016-OR-80 with Councilperson Jahn seconding, PASSING on a vote, 9-0. City Council Attorney Report: 6 Nothing at this time. Department Head Reports: Nothing at this time. Public Comment: Was addressed during Public Hearings. Council Comment: Councilperson White—Wanted to thank Planning and Zoning Director Nathan Pruitt for all of the work he's done putting together a zoning package that follows the plan the City has adopted to shape downtown. Councilperson Zastawny—Councilperson Zastawny left the proceedings prior to Council Comment (around 9:25). He asked Councilperson Jahn to report to the Council that the sidewalks that were discussed during the October 24, 2016 meeting has been addressed and City Engineer Andy Crouch is currently working on the design phase and he will keep that updated as it progresses. Councilperson Jahn—It is great to see so many people here tonight. Government should work in a way where it works with the community. Councilperson Maples—Nothing at this time. Councilperson Gill—Just a reminder we do have a workshop scheduled for November 21, 2016 at 5:30 PM on the same matter that was discussed tonight. Councilperson Hawkins—Councilperson Hawkins was happy to see the Cubs win the World Series. Councilperson Samuel—Artist Jeremy Jarvis is painting a mural on the flood wall. IT will be finished in about a month and a half. The Sugar Skull Shake, Shake was a successful event. He will be out of town for the workshop next Council Meeting. He does have concerns about this. The City has one opportunity to do this right and we need to make sure to do it right. Councilperson Rodriquez—Councilperson Rodriquez is glad there will be a Workshop about the Overlay District. Council President Owen—Thank you to everyone who came out tonight to speak about this subject. November 21, 2016 we will advertise for at 5:30 PM. The Council also needs to do another small group session about financial and we will look at maybe doing that in December. Remember to go vote tomorrow. Adjournment: Councilperson Jahn made a motion to ADJORN at 9:30. APPROVED BY: 7 Matt O en, en ATTEST: 1-mL- Vicki Conlin, Clerk 8