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HomeMy WebLinkAbout CC MAY 6, 2019 COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA May 6, 2019 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, May 6, 2019. Council Vice President Lisa Gill along with City Clerk Conlin called the meeting to order at 7:00 pm. Rabbi Litvich gave the invocation. Council President Zastawny asked those in attendance to stand and recite the Pledge of Allegiance. ROLL CALL:The roll call was conducted and those present were Councilperson White, Councilperson Maples, Councilperson Gill, Councilperson Hawkins, Councilperson Owen, Councilperson Ellis, Councilperson Samuel and Council President Zastawny. Councilperson Payne was absent from the proceedings. MINUTES TO BE APPROVED: April 15, 2019 Regular Proceedings—Councilperson Owen made a motion to APPROVE the minutes with Councilperson Maples seconding, PASSING on a vote,8-0. April 15, 2019 Special Meeting—Councilperson Owen made a motion to APPROVE the minutes with Councilperson Gill seconding, PASSING on a vote, 8-0. April 22, 2019 Special Meeting—Councilperson Owen made a motion to APPROVE the minutes with Councilperson Gill seconding, PASSING on a vote, 8-0. APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the agenda with Councilperson Owen seconding, PASSING on a vote, 8-0. CLAIMS TO BE APPROVED: City Controller Heather Metcalf presented the General Claims. Councilperson Gill noted that there is a claim for over$500,000 to be paid for our remaining share of the 911 fee. This will be our last payment. Councilperson Gill asked if all other claims were in order and Controller Metcalf stated they are. Councilperson Gill made a motion to APPROVE the claims with Councilperson Owen seconding, PASSING on a vote, 8-0. Councilperson Samuel noted that on page 3 there is a claim for Mission BBQ that is listed under Subscriptions and Dues. Controller Metcalf stated that is incorrect. City Controller presented the Parks Claims. Councilperson Gill asked if all claims were in order and Controller Metcalf stated they are. Councilperson Gill made a motion to APPROVE the Parks Claims as presented with Councilperson Owen seconding, PASSING on a vote, 8-0. REPORT OF THE CLERK: Nothing at this time. UNFINISHED BUSINESS: 1. Ed Zastawny/Sarah Green 2018-OR-67 An Ordinance Amending 2016-OR-11 Which Amends 2006-OR-14 Ordinance Regulating the Treatment and Keeping of Domestic, Dangerous,and/or Vicious Animals Within the City Limits—Councilperson Gill made a motion to REMOVE with no action taken with Councilperson Samuel seconding, PASSING on a vote, 8-0. 2. Ed Zastawny- Les Merkley—2018-OR-77 An Ordinance Amending The Jeffersonville Zoning Code (2000-OR-61) For Purposes of Establishing Regulations for Non-Commercial—Council President Zastawny opened the Public Hearing at 7:11 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Council discussed changes proposed in Ordinance. There was concern that the size of the square footage needed for larger animals was too small and would allow these animals to be in many subdivision even though they may not be appropriate for the subdivision. Council discussed changing the 1500 square foot to a full acre which is approximately 4500 square foot. Councilperson Hawkins made a motion to AMEND 2018-OR-77 to change 1500 square feet to 1 acre with Councilperson Maples seconding, PASSING on a vote, 8-0. Councilperson Owen made a motion to APPROVE 2018-OR-77 as amended with Councilperson Maples seconding, PASSING on a vote, 8-0. 3. Ed Zastawny/Heather Metcalf—PUBLIC HEARING 2019-OR-15 An Ordinance of Additional Appropriation Passed on 1st and 2nd reading 4/15/19—This is for the $165,000 that is needed to purchase land to fix a drainage issue. Council President Zastawny opened the Public Hearing at 7:22 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Gill made a motion to APPROVE 2019-OR- 15 on the third and final reading with Councilperson Maples seconding, PASSING on a vote, 7-1 with Councilperson Ellis voting against. City Attorney Les Merkley requested that the Claims be amended to reflect this so the closing would not be delayed. Councilperson Gill made a motion to AMEND the Civil City Claims for a new total of$2,087,029.49 with Councilperson Owen seconding, PASSING on a vote, 8-0. 4. Ed Zastawny/Heather Metcalf—PUBLIC HEARING 2019-OR-16 An Ordinance of Additional Appropriation—City Controller Heather Metcalf presented 2019-OR-16. There have been no changes since the last meeting. Council President Zastawny opened the Public Hearing at 7:24 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed at 7:25 PM. Councilperson Ellis said he will continue to vote against Additional Appropriations. Councilperson Owen made a motion to APPROVE 2019-OR-16 on the third and final reading with Councilperson Maples seconding, PASSING on a vote, 6-2 with Councilperson Ellis and Councilperson Samuel voting against the matter. NEW BUSINESS: 1. Ed Zastawny/Les Merkley—PUBLIC HEARING 2019-OR-17 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 1805-1807 East 8th Street and Fully Described in Attached Exhibit A From Cl and R2 to IS—City Attorney Les Merkley presented 2019-OR-17. This is in reference to a rezoning request for a property located at 1805-1807 E. 8th Street. It will go to Institutional and will be used as a church and administrative offices for the church. Brad Benson from Applegate, Fifer, Pulliam was present on behalf of the applicant. This comes with a favorable recommendation from Planning Commission. Council President Zastawny opened the Public Hearing at 7:29 PM. Susan O'Neal—26 Center St—She wanted to know if this property will be a church and an administrative office setting. Mr. Benson informed her that the administrative office will be for the church, not additional entities. Council President Zastawny closed the Public Hearing at 7:31 PM. Councilperson Owen made a motion to APPROVE 2019-OR-17 with Councilperson Hawkins seconding, PASSING on a vote, 8-0. 2. Ed Zastawny/Heather Metcalf—2019-OR-18 An Ordinance Transferring Certain Funds within the Same Department—City Controller Heather Metcalf presented 2019-OR-18. Councilperson Samuel made a motion to APPRVE 2019-OR-18 on the first and second reading with Councilperson Owen seconding, PASSING on a vote, 8-0. 3. Ed Zastawny/Heather Metcalf—2019—OR-19 An Ordinance of Additional Appropriation Public Hearing May 20, 2019—City Controller Heather Metcalf presented 2019-OR-19. The first four are for appropriating revenues that were obtained by selling assets. The fifth amount is a reimbursement from insurance. The last amount is for the vehicle for Vehicle Maintenance. Councilperson Owen made a motion to APPROVE 2019-OR-19 on the first and second reading with Councilperson Maples seconding, PASSING on a vote, 7-1 with Councilperson Ellis voting against the matter. DEPARTMENT HEAD REPORTS: Paul Northam—Parks Department—Bob Hedge Park is in need of a flooring surface. The current one is beginning to be a safety risk to the people who visit. Mr. Northam has obtained price points and it looks like it will be right around $120,000 to do correctly. City Controller Heather Metcalf discussed options of funding for this. Mr. Northam would like to request an additional appropriation during the next meeting. Councilperson Samuel made a motion for the funding to come from Parks ($100,000) and EDIT ($20,000) with Councilperson Hawkins seconding, PASSING on a vote, 8-0. REPORT OF THE COUNCIL ATTORNEY Nothing at this time. PUBLIC COMMENTS: Kelly Lehman—45 Louise St.—Most are here to talk about the same thing. The Mariposa Springs wanting to build a permanent supportive living. We did not receive a survey or any communication. Opposed to it. She feels it is not an appropriate area for that type of building. There are other areas that could be located for this project. Doug Brewer—59 Louise St.—He didn't get a letter but was on the list saying they received the letter. He felt they misrepresented themselves as they were just redoing the property and feels as though he was misinformed. Mike Turner—1030 Sharon Dr.—This will be 50 feet from his back yard. There has been zero communication with him on this. Everyone has been told something different and misled. They have been told everything from a revitalized park to an elderly community. He will fight this from being in his back yard. He wants to provide a safe environment for his family. There is a need for a facility of this nature in this city but not in a residential neighborhood. Vicki Harris—1805 Long St.—Her concern is the lack of disclosure. She lives on the corner and did not receive any communication for this. If it was done then it was in the middle of the day and this is a working class community. She is concerned about the children with this type of facility being nearby. We don't need any more types of facilities that will bring this type of people in and is concerned about the property values. If they had done their job we wouldn't all be here. Vicki Daniel—12 Louise St.—She is worried about the neighborhood and would like some more information. It is bad enough there are a lot of homeless people in the area and she would like more information on the project. Angie Briles—917 Sharon Dr.—They just got rid of a drug house in the area. Nobody will help them except the police. This isn't going to help anyone and she wouldn't want her grandchildren playing around this place. Lanier Hobbs—5409 Utica Sellersburg Dr.—He is concerned about the breakdown in communication for this project. Is there any ideal place for this type of facility? He does care about what is happening in the community. This project is to reach out to help and bless people who are unfortunate. This cause is near to his heart and homelessness is something that could affect any family. This is needed in our community and all across America. The homeless population are a part of our community as well. Gina Flynn—39 Center St.—She saw where Councilperson Gill said this is a supported project by the community and it is not a supported project. It was supposed to be certified mail notices that were sent out and nothing was certified. This will decrease property value and increase crime. It should be down by Krogers if it needs to be in Jeffersonville. She would like another vote taken on this matter since this was done in a deceptive way. Ms. Flynn submitted a petition with 166 signatures opposing this project. Lisa Higdon—16 Louise St.—These people need help however they choose to be homeless. There would not be a homeless problem if it wasn't for the methadone clinic. Elizabeth Himmelheber—34 Center St.—She opposes all of this. This needs to be single housing. Her concern is that Turning Point is a 30 days program and nobody gets clean after 30 days. Jeffersonville is not ghetto town. It's bad enough that Turning Point and Lifesprings are here. Susan O'Neal—26 Center St.—The whole Council realizes that this is not a welcomed project. They were uninformed and felt as though the Council did not adequately inform them on the project.They wanted to hear from their Council. Larry Brown—18 Center St.—He does not believe this will help anyone. If you want to help someone force them into treatment and force them to stay. Rewarding bad behavior brings on more bad behavior. Without rules and law you are wasting your time. Gary Hobbs—9026 Summer Estate, Indianapolis, IN—He would like to apologize, he did not know the letters from the City did not reach the residents. This is not the first project for helping the homeless that he has worked on. They have seen lives change and he wants that for the Jeffersonville community. There is a need for those who have challenges but do not have support. There will be criteria put in place for people who what to change. There will be a Public Input session on May 16th at 5:30 and he would like to see everyone attend. Kelly Dattilo—236 Meigs Ave.—She is here to discuss the Anti-Semantic remark that was made by Council Person Gill. She would like to see a Diversity Training for the Council, something that would prevent future occurrences like this. Hate is learned and she does not want to see this tolerated in the City. Jack Vissing—Mr. Vissing stated he was never made aware of the Mariposa project. They said that they could not find him. He was the former attorney for the Planning Commission and if they had looked to locate him they could have. This is not the way the event should have occurred. This needs to have an end put to it. Councilperson Owen—As it was mentioned, originally this project was slated to go somewhere else. He was impressed with the developer when the neighborhood expressed their disinterest that the developer went elsewhere. He is not pleased that people got different stories in this instance about what would be developing there. Nobody the Council has said that this project should go at this location. There are no tax dollars or tax credits slated for this project. He feels something like this is completely necessary for the community but believes that everyone has a right to feel how they feel about the project. The development plan still has to be submitted. There was no intention on his art to misguide or push anything through. He appreciates everyone coming tonight to have their voices heard. Councilperson Hawkins—Mr. Gary Hobbs: He does not know you but he feels that you are a blessing to whatever community he serves. What he does is needed and bless him for doing it. There is a process for this and that process broke down this time. This has been working in the past but now maybe the Council needs to look at that process to see if it can be made more efficient. The Council only know what they were advised and now they know more. Councilperson Ellis said that he did the very best he could with what he knew. He suggested from day one that a meeting be held in the community to prevent issues such as this. Council President Zastawny said that he concurs with the other Council. He apologizes for the heartache that came along with this. There will be Public Input meeting on May 16 at 6:30 PM. COUNCIL COMMENTS: Councilperson White—Nothing at this time. Councilperson Maples—This week our community had two Judges that were shot in Indianapolis. Please keep them in your thoughts and prayers. It is very unfortunate and he is glad that they are recovering. Councilperson Hawkins—Happy honeymoon to Councilperson Payne. Councilperson Gill—Nothing at this time. Councilperson Owen—Nothing at this time. Councilperson Ellis—Nothing at this time. Councilperson Samuel—He apologizes for being out of town last meeting. He is concerned about the Circuit Breakers and would like to see that further addressed. ADJOURNMENT: Councilperson Owen made the motion to ADJOURN and the meeting adjourned at 8:46 P.M. A APP'O p BY: / E• Zastawny, Presid: t ATTEST: r Vicki Conlin, Clerk