Loading...
HomeMy WebLinkAboutOctober 19, 2020 City Council Minutes COMMON COUNCIL OF THE CITY JEFFERSONVILLE, INDIANA October 19, 2020 Regular Meeting Minutes The Common Council of the City of Jeffersonville, Indiana met for the Regular Meeting via teleconferencing on October 19, 2020. Council President Owen along with City Clerk Gill called the virtual meeting to order at 7:02 p.m. 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, Councilperson Scott Hawkins and Councilperson Ron Ellis-all members present. INVOCATION: Council President Owen requested Councilperson Ellis to lead the invocation. Councilperson Ellis read a prayer from a book written by Betty Birch. APPROVAL OF MINUTES: Council Vice President Maples made a motion to approve the Minutes of October 5, 2020 of the Regular Meeting, 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 Council President Owen -yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 9-0 Council Vice President Maples made a motion to approve the Minutes of October 8, 2020 of the Special 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 Councilperson Ellis—yes Motion passes 9-0 APPROVAL OF THE AGENDA: Council President Owen indicated a request to table item#11 Les Merkley 2020-R-51 Request Approval of Bond Ordinance. Council Vice President Maples made the motion to approve the Agenda tabling item 11, seconded by Councilperson Burns; roll call vote: Page 1 of 6 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 Councilperson Ellis—yes Motion passes 9-0 CLAIMS TO APPROVE: Civil City$646,841.71—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 Councilperson Croft-yes Councilperson Webb-yes Council President Owen-yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 9-0 Parks$159,379.01-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 Councilperson Ellis—yes Motion passes 9-0 REPORT OF THE CLERK: nothing at this time UNFINISHED BUSINESS: 1. Heather Metcalf 2020-OR-47 Appropriations and Tax Rates(2021 Budget Adoption) Ms. Metcalf indicated changes were made from the last meeting. The three funds: General, Parks and EDIT increases were not advertised and cannot be included. After the first of the years additional appropriation can be requested for those amounts. Councilperson Croft made the motion to pass on the third and final 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 Page 2 of 6 Council President Owen -yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 9-0 2. Attorney Abigail Fargen Riley 2020-OR-50 working with Harold Hart and Jeffersonville Commons LLC —Petition to partially vacate roadway,small portion of Sellers Court(0.012 acre) Mr. Les Merkley, Corporate Attorney indicated no changes. Council Vice President Maples made the motion to approve the petition on the third and final reading, Councilperson Burns seconded the motion, 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 Councilperson Ellis—yes Motion passes 9-0 3. Les Merkley 2020-OR-51 Request Approval of Bond Ordinance Tabled 4. Heather Metcalf 2020-OR-55 Ordinance of Additional Appropriation Ms. Metcalf indicated no changes. Council President Owen opened the Public Hearing at 7:13 p.m. Mr. Chad Reischl, Planning and Zoning Director indicated no one appeared for or against this ordinance. Ms. Gill indicated no calls/letters were received in the Clerk's Office. Public Hearing closed at 7:14 p.m. Councilperson Webb made the motion to approve the appropriation on the second and third (final) reading, 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 Councilperson Ellis—yes Motion passes 9-0 5. Heather Metcalf 2020-OR-56 Ordinance Transferring within the same Department Ms. Metcalf indicated no changes. Council Vice President Maples made the motion to approve the Ordinance on the second and third (final) 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 Councilperson Ellis—yes Motion passes 9-0 Page 3 of 6 NEW BUSINESS 1. Chad Reischl 2020-OR-57 Repealing and Replacing 2014-OR-26 An Ordinance Regulating Door to Door Solicitation and Transient Merchants in Order to Change the Rules of Food Trucks within the City Mr. Reischl, Planning and Zoning Director presented the request because of an uptick for Food trucks operating in the City and complaints with operators refusing to follow the ordinance. The current ordinance treats food trucks the same as door to door sales. Most are in parking lots or private land owner property. We believe license and background fees should not be required for food trucks. We are suggesting food trucks as well as other merchandise like Christmas tree lots require a permit fee of$75 for food trucks and $50 for Christmas tree vendors. This will allow us to see who and where they set up and provide rules to follow; includes language around festivals, fairs and other events. Mr. Les Merkley, Corporate Counsel, suggested amending the ordinance which would not require delay and expense to publish in legal publications. Council Vice President Maples—does this include student going door to door with school fundraisers? Mr. Reischl—no,this is for vendors who are selling"for profit". Councilman Webb and Croft voiced concerned with no background checks for workers. Council President Owen voiced concerns for our brick and mortar restaurants who pay property tax, and rent that a mobile does not. Councilperson White—liked the proposal and question why we would not allow the food trucks to set up in Public Park right-a-ways. Public Comment: 1. Reubens Hernandez, food truck owner, spoke how this will save money in turn keep prices down, because food prices we buy to cook going up since Covid. This helps our community, Police and schools. 2. Nathan Todaro, restaurant owner, Great American Steak House, purchased a food truck back in May and surprised at the extra expense. Neighborhoods appreciate this service. $400 per person for the food truck is to much. This change will help. Councilperson Burns asked if we should consider a food truck be so far away from a brick and mortar restaurants. Mr. Reischl indicated it could be written in but would be hard to enforce. Councilperson Webb suggested a difference between brick and mortar with a food truck or just a food truck. Councilperson White made a motion to amend the ordinance on the first reading, seconded by Councilperson Hawkins; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris-yes Council Vice President Maples-yes Councilperson Croft- no Councilperson Webb- no Council President Owen—no Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 6-3 2. Larry Wilder 2020-OR-58 Ordinance Amending 2015-OR-47 Mr. Larry Wilder, Council Attorney, spoke to the need to change direction, amend, repeal or rescind; as we just heard amend is the easiest form. This Ordinance directs 4%of the annual EDIT dollars to be placed in the Public Arts Budget. Cuts to this fund in the recent budget is not in compliance with our own rules. Council President Owen indicated he had a good conversation with Mr.Andy Crouch whose department oversees Public Arts. Councilperson Hawkins inquired if the wording should just be changed from shall to may? Mr.Wilder—yes. Councilperson Burns suggested the language change to up to 4%. Council Vice President Maples—stated that we state that we do not want to burden future Councils and stated he would vote to rescind. Councilperson Paris—does not want to give up on Public Arts. Councilperson Burns—I don't think we are defunding, this is because of Covid. Council President Owen—I would not defund,the City has greatly benefited from all the new art. Page 4 of 6 Council Vice President Maples made the motion to rescind the Ordinance, seconded by Councilperson Burns; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris-no Council Vice President Maples-yes Councilperson Croft-yes Councilperson Webb-yes Council President Owen—yes Councilperson Hawkins—yes Councilperson Ellis—no Motion passes 7-2 Mr.Wilder requested that the record show the order has been rescinded. 3. Heather Metcalf 2020-OR-59 An Ordinance of Additional Appropriation Mr. Paul Northam, Director of Park's Department indicated this is for the $170,000 foam repair to the RiverStage that was requested back 7-8 months ago. Donation was pulled because of Covid. Councilperson Webb made the motion to approve the additional appropriation, seconded by Councilperson Hawkins; 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 Councilperson Ellis—no Motion passes 8-1 ATTORNEY COMMENT: Corporate Counsel, Les Merkley—no comment Council Attorney, Larry Wilder—no comment DEPARTMENT HEAD COMMENT: • Chad Reischl—requested the Council to adopt a new tree ordinance since in 2012 the Tree Board was eliminated, no rules/regulations in place. Councilperson Hawkins supports this at this time and will work with Mr. Reischl to review. • Paul Northam—announced the Park's Department will hold four virtual concerts on facebook each Wednesday and a Holiday concert in December. • Ms. Metcalf—no comment COUNCIL COMMENTS: • Councilperson White—no comment • Councilperson Burns—no comment • Councilperson Paris—no comment • Council Vice President Maples—my vote to rescind the Ordinance for Public Arts, so next year, any year the Council can effectively put funds there and stop legislating future Councils. Offered an appointment to the Parks Board—Carman Croudep. With no other suggestions Council Vice President Maples made the motion to appoint Ms. Croudep to the Park's Board,seconded by Councilperson Burns; roll call vote: Councilperson White-yes Page 5 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 Councilperson Ellis—yes Motion passes 9-0 • Councilperson Croft—concerned with no background checks for food truck employees; remembers trouble with kids and it only takes one. • Councilperson Webb—Food truck vote-concerned with business that are hurting that invested in our community. It is not right if I start a taco Steve Food Truck. Business barely surviving. • Councilperson Hawkins—Public Art vote—I wanted to keep the ordinance and just change it. But the intent of that, I was not on at that time. The intent was that Public Art is to keep art going. It is not seen as we are getting rid of it. Keep as much as the budget will allow. • Councilperson Ellis—against additional appropriations; let's contracts for something where the money comes from, then we do not have to come back to the till. • Council President Owen—agree with Council Vice President Maples and Councilperson Hawkins regarding Public Art funding. This is just looking through different lenses how the budget could be over the next couple of years. Food Trucks—in favor of seeing more coming to Jeff, like some and some not so much. Skin in the game and fee to the City is like property tax. It says something when nearby communities do not have a fee and they still want to come here. We cannot cut brick and mortar. Not under cut restaurant who pay taxes and fees. Passage of the 2021 Budget reminder that everyone needs to come to City Hall and sign by Wednesday so that the Controller can get the Budget uploaded to the State in time. ADJOURNMENT: Councilperson Burns made the motion to ADJOURN the meeting at 8:13 p.m. APROVED BY: Matt Ow n, resident ATTEST: isa Gill, Clerk Page 6 of 6