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HomeMy WebLinkAboutSeptember 8, 2020 City Council Minutes COMMON COUNCIL OF THE CITY JEFFERSONVILLE, INDIANA September 8,2020 Regular Meeting Minutes The Common Council of the City of Jeffersonville, Indiana met for the Regular Meeting via teleconferencing on September 8,2020. Council President Owen along with City Clerk Gill called the virtual meeting to order at 7:05 p.m. INVOCATION: ROLL CALL: The roll call was conducted by City Clerk Lisa Gill and those present was Council President Matt Owen and Councilperson Donnie Croft;those members teleconferencing(Covid-19)were Councilperson Dustin White, Councilperson Bill Burns,Councilperson Joe Paris,Council Vice President Scottie Maples,Councilperson Steve Webb,and Councilperson Scott Hawkins-8 members present;Councilperson Ron Ellis absent. APPROVAL OF MINUTES: Council Vice President Maples made a motion to approve the Minutes of August 17, 2020 of the Regular Meeting,seconded by Councilperson Croft; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen -yes Councilperson Hawkins—yes Motion passes 8-0 APPROVAL OF THE AGENDA: Council Vice President Maples made the motion to approve the Agenda, seconded by Councilperson Burns; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes =' Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes x' Council President Owen -yes Councilperson Hawkins—yes Motion passes 8-0 CLAIMS TO APPROVE: Civil City$1,025,127.66—Ms. Heather Metcalf, City Controller indicated no changes. Motion made by Council Vice President Maples, seconded by Councilperson Burns; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Page 1 of 6 Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 8-0 Parks$85,850.57- Ms. Metcalf indicated there was no changes. Motion made by Council Vice President Maples to approve the claims,seconded by Councilperson Croft; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 8-0 REPORT OF THE CLERK: Ms.Gill reminded the Council that if they would like a hard copy of the packet for the meeting to contact her. UNFINISHED BUSINESS: 1. Chad Reischl 2020-OR-38 Revisions to Article 4 Zoning Districts,Article 7 Development Standards,Article 14 Definitions and Appendix Land Use Matrix Item tabled during August 3 meeting. Councilperson Croft made a motion to approve the Ordinance. Councilperson Croft rescinded his motion. Councilperson White made a motion to take the item off tabled; seconded by Councilperson Hawkins; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 8-0 Councilperson Paris made a motion to approve the ordinance on anticipation that motion fails,seconded by Councilperson Hawkins; roll call vote: Councilperson White-no Councilperson Burns—no Councilperson Paris—no Council Vice President Maples- no Councilperson Croft- no Councilperson Webb-no Council President Owen-no Councilperson Hawkins—no Motion fails 0-8 2. Heather Metcalf 2020-OR-40 Ordinance to Transfer within the Same Department Ms. Metcalf reported no changes. Council Vice President Maples made the motion to approve the transfers on the final reading, seconded by Councilperson Burns; roll call vote: Councilperson White-yes Councilperson Burns—yes Page 2 of 6 Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 8-0 NEW BUSINESS: 1. Chad Reischl 2020-OR-41 Revisions to Article 4 Zoning Districts,Article 7 Development Standards,Article 14 Definitions and Appendix Land Use Matrix Mr. Reischl, Planning and Zoning Director, we have revisions to several articles as they relate to drug and rehabilitation centers with a favorable recommendation from Plan Commission Board. This is the same version brought to you at the August 3 meeting with the following corrections: redefined the definition of substance abuse treatment center out patience to indicate that patients are generally provide with counseling services only, no treatment with drugs. We have removed out patience facilities as a special exception as a neighborhood commercial zone district as that zone district is primarily interspersed within residential neighborhoods. This gives us a boarder clarity around the types of treatment facilities and where they can and cannot locate in the community. In almost all drug and alcohol rehabilitation clinics will have to go before the Board of Zoning Appeals for a Special Exception; will have to go through our process; neighbors notified and come to a hearing. Councilperson White—this notice to neighbors it will specify that the application is for drug or alcohol treatment? Mr. Reischl—correct. Council President Owen—Mr.White were you satisfied with the discussion. White—yes and the changes. Councilperson Webb made the motion to approve the ordinance,seconded by Councilperson Paris; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 8-0 2. Chad Reischl 2020-OR-42 Rezone on Property located at 3715 East 10th Street from Planned Unit Development Commercial(PUD)to Planned Unit Development(PUD) Mr. Reischl indicated this request by Nicklies Development is for three thirty foot signs. It comes to Council with a favorable recommendation. Council Vice President Maples maked the recommendation to approve the ordinance, seconded by Councilperson Webb; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen -yes Councilperson Hawkins—yes Motion passes 8-0 3. Les Merkley 2020-OR-43 Amending Jeffersonville Municipal Code Mr. Merkley indicated that Larry Wallace, Building Commissioner,can give an update on the two ordinances regarding code permits and licenses for electrical work etc. Mr.Wallace—we have too many homeowners and so-called electrician trying Page 3 of 6 to do electrical work, been very dangerous, we have to run back several times. We feel an electric license is required for work being done in the City of Jeffersonville. Councilperson Burns—as the code is written now they could do the work? Mr.Wallace—yes,we have an affidavit they could sign and do it. Councilperson Hawkins—when you go back are they charged every time? Mr.Wallace—some are, we use a little discretion. Councilperson Hawkins—asked for clarification of devices? Mr.Wallace—switches, receptacles are permitted, but rewiring,adding a breaker box, running a circuit to a swimming pool,we want to require a license electrician. Mr. Merkley-suggested only to pass this on a first reading to clearly define devices. Councilperson Hawkins made the motion on the first reading,seconded by Councilperson Croft; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 8-0 4. Les Merkley 2020-OR-44 Amending of Permit Fees Mr.Wallace presented a request to increase construction fee for the certificate of occupancies currently$35 to$100. Councilperson Hawkins made the motion to approve the ordinance on the first and second reading; seconded by Councilperson Webb; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples- no Councilperson Croft-yes Councilperson Webb-yes Council President Owen-no Councilperson Hawkins—yes Motion passes 6-2 5. Heather Metcalf 2020-OR-45 Ordinance for Additional Appropriation Ms. Metcalf indicated this is actually a reduction for the Aquatic Center/Parks Activity$174,501.27 and River Stage$ 146,509.74 to avoid over spending. Councilperson Burns made the motion to approve the ordinance on the first and second reading,seconded by Councilperson Hawkins; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen -yes Councilperson Hawkins—yes Motion passes 8-0 6. Heather Metcalf 2020-OR-46 Ordinance to transfer within the same Department Ms. Metcalf indicated this is for Building Commission for hardware/software and Sanitation Department for environmental. Councilperson Hawkins-the transfer for Sanitation due to the additional collections. Ms. Metcalf—yes. Councilperson Hawkins made the motion to approve the ordinance on the first and second reading, seconded by Councilperson Paris; roll call vote: Councilperson White-yes Page 4 of 6 Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 8-0 ATTORNEY COMMENT: Corporate Counsel Les Merkley—no comment Council Attorney Larry Wilder—no comment DEPARTMENT HEAD COMMENT: Mr.Wallace—no all good,thank you Ms. Metcalf—all good; Budget advertising this Thursday with Public Hearing September 21 Mr. Reischl—no I'm good,thanks COUNCIL COMMENTS: • Councilperson White—shout out and thanks the Clarksville Town Council. Last year or maybe in the past two years the BWI project was voted down three times in the City of Jeffersonville. And it just so turns out that there's a sliver of land on Aker's Avenue that is a part of Clarksville where BWI tried to come in under another name to get the same project approve. Specifically Council President Ryan Ramsey,Councilwoman Karen Henderson, Councilwoman Jennifer Voignier and Councilman Tim Hauber; I'd like to thank them for their votes to deny the change of zoning to allow that project to be in Claysburg. Larry if you don't mind-we've passed for example the ordinance amending the zoning code,can you explain, and I'm asking because there are a number of residents in my district that are hurting,there are multiple people arrested, multiple police called to these homes where the landlords basically don't care. Can you explain how it is that we can pass a zoning ordinance changing the zoning code but we can't,we aren't in a position to pass, if the Council had the will to do so,a rental regulation code or ordinance. Mr. Wilder—what I believe right now, is that we are in place where the Federal and State Government have engaged themselves in not so much legislation, but executive fiat a' where they have put themselves in the place of policymakers,two things specifically to do with landlord and tenant relationships and in many instances will go as far as mortgages and mortgagers. I think that right now you can't enact something that may have some degree or maybe perceived to be stepping into the narrative that the Federal and State Government has chosen to become a part of until the time that those moratoriums are rescinded. Doesn't mean that you can put it in place, i doesn't mean that the debate can't begin, doesn't mean that you can't pass it and the effective date obviously would be at a time when we're no longer under these Executive type Orders. Mr.White-so if we did something like that basically it would be depriving them of their due process because they're hamstrung by the Federal Government who's preempted us from acting in that way. Mr.Wilder—that is absolutely it, due process argument. • Councilperson Burns—Our City Council appointment to the Parks Authority has resigned due to moving out of area, I would like to nominate Scot Haire as our replacement to the Parks Authority, seconded by Councilperson White. Councilperson Webb—any other applicants applied? Councilperson Burns—not that I am aware of. Councilperson Hawkins—want to make sure when we redid our rules and this is nothing about Mr. Haire's appointment, I want to make sure we follow our own rules, when we reworked those did we address appointments during Council Comment. Council President Owen—we have talked about revisited the Council's Rules and there was a group that met, however,we never took action because the global pandemic hit. We never finalized those and I don't Page 5 of 6 know that there's anything that specifically lays that out. Mr.Wilder—you did have those discussion and then March came. Roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris—yes Council Vice President Maples- no Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Motion passes 7-1 • Councilperson Paris—no comment • Council Vice President Maples—no comment • Councilperson Croft—I want to make everybody aware of the situation,we have an outfit here called American Water Resources,and they insure water lines. There letterhead and building looks very similar to Indiana American Water, but there is no connection. I have two families in my district in the past two months who had water line breaks and no local plumbers will work for this outfit so anytime you won't work for an insurance company that should tell you something. The last family's water ran for 27 days. They finally got out to the look at it and it took 2 hours to fix it. Their water bill was close to$300 and the sewer bill$400 something. I went to the water company,got it reverted back to their average bill as did our sewer department. I did that for both families but I just want to make everybody aware this company is deceptive at best and people need to be very careful. • Councilperson Webb—no comment • Councilperson Hawkins—no comment • Council President Owen—spoke with the Street Commissioner, Kevin Morlan, he mentioned to me that they would be going before the Board of Public Works for contract approval on the purchases of new equipment that Council appropriated; he wanted to make sure that we were okay with spending ?' the money that we approved in a special appropriation at the beginning of year. I told him absolutely because that equipment is one time purchases that we know that we need to make sure that our citizens know we have the equipment out clearing the streets once that time comes. Also, I think you will notice that the Union Game Yard Downtown should have a soft opening this week,that's exciting to see that building come together over the last few months. I think it is going to make a great addition right next to the Parlor and hopefully everybody will be able to socially distance and enjoy that here in short order. ADJOURNMENT: Councilperson Hawkins made the motion to ADJOURN the meeting at 7:49 p.m. APROVED BY: A An Matt n, resi e A 1TEST tree Page 6 of 6