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HomeMy WebLinkAboutNovember 2, 2020 City Council Minutes COMMON COUNCIL OF THE CITY JEFFERSONVILLE, INDIANA November 2, 2020 Regular Meeting Minutes The Common Council of the City of Jeffersonville, Indiana met for the Regular Meeting via teleconferencing on November 2, 2020. Council President Owen along with City Clerk Gill called the virtual meeting to order at 7:01 p.m. ROLL CALL: The roll call was conducted by City Clerk Lisa Gill and those present were Councilperson Donnie Croft;those members teleconferencing(Covid-19)were Council President Matt Owen, Councilperson Dustin White, Councilperson Bill Burns, Councilperson Joe Paris, Council Vice President Scottie Maples, Councilperson Scott Hawkins and Councilperson Ron Ellis. Councilperson Steve Webb arrived late, teleconferencing in. INVOCATION: Council President Owen requested Councilperson Ellis to lead the invocation. APPROVAL OF MINUTES: Council Vice President Maples made a motion to approve the Minutes of October 19, 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—not present Council President Owen -yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 8-0 APPROVAL OF THE AGENDA: Council President Owen indicated there was a request to table number 13 under New Business. Additionally,there was a request to add the contract for the Police Department. As far as he knows they did vote to approve that but he doesn't know if that's ready to be voted on by the Council. He has not had a chance to review that in full since it's been approved. He wanted to at least bring it up because the Chief reached out to him and asked that they consider that. Council Vice President Maples said he spoke with the Union President tonight and he advised him that none of the Council had seen the contract and it probably wouldn't be appropriate to put it on the agenda and the Council to vote on it without seeing the approved changes. Councilperson Burns agreed with what Council Vice President Maples said. He will get that contract out to the rest of the Council in the next couple of days. Council President Owen said he did want to at least mention that since he had a conversation with the Chief. Council Vice President Maples made the motion to approve the Agenda tabling item 13, seconded by Councilperson Burns; roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris-yes Council Vice President Maples-yes Page 1 of 7 Councilperson Croft-yes Councilperson Webb—Not present Council President Owen -yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 8-0 CLAIMS TO APPROVE: Civil City$953,352.68—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—Not present Council President Owen-yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 8-0 Parks$66,704.58- Ms. Metcalf indicated there was no changes. Motion made by Council Vice President Maples to approve the claims, 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— Council President Owen -yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 8-0 REPORT OF THE CLERK: The budget was signed by all Council and she thanked them for coming in in a timely manner to get that done and she appreciated it. Council President Owen thanked City Clerk Gill for facilitating the signatures in the times of Covid-19 and digital meetings. UNFINISHED BUSINESS: 1. Les Merkley 2020-OR-51 Request Approval of Bond Ordinance Mr. Merkley indicated this is the final reading on this Ordinance that will authorize the issuance of the economic development bond for the proposed Senior Living Facility on Hamburg Pike. As stated previously before the Council this does not obligate the City in any manner whatsoever. It also does not count towards any of the City's debt. This is a final reading. Mr. Merkley stated there were representatives from the developers in case there are any questions but nothing has changed. The only thing to add is that the blank line presents is for the date the Economic Development Commission met and adopted its resolution and that date was October 21, 2020. Mr. Merkley stated that will be added in. Council Vice President Maples made the motion to approve the ordinance on the third and final reading, Councilperson Croft seconded the motion, roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris-yes Council Vice President Maples-yes Page 2 of 7 Councilperson Croft-yes Councilperson Webb—Not present Council President Owen-yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 8-0 2. 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 Planning and Zoning Director Chad Reischl stated this came back from Planning and Zoning with one small change—they adjusted the Food Truck Licensing fee which was previously$75.00 per year to$250.00 per year. This change was in response both to the Council comments and concerns from the last meeting and information that was obtained via a small poll survey that was put out to the community. Councilperson Hawkins confirmed with Mr. Reischl that the fee was per Food Truck and not per person in the Food Truck. Councilperson Croft inquired if the background check was incorporated into the fee that was presented and Mr. Reischl confirmed it was not. Councilperson Croft stated he believed the background check could be obtained for less than the proposed $100 fee and asked Council Vice President Maples to speak on that matter. Council Vice President Maples stated that Councilperson Croft expressed concern during the last meeting about the background checks being a financial burden on the City and he believed a good compromise would be obtaining a local background check offered by a local Law Enforcement Agency that costs$10.00 and if there are any questions from that they could utilize a more extensive background check. Council Vice President Maples asked that City Attorney Les Merkley or Council Attorney Larry Wilder give their input. Mr.Wilder stated he did not see an obligation to do a full NCIC and if the proposed method was agreed upon it would cover what they wanted to cover. Mr. Merkley agreed that the extent of the background check was within their discretion. Mr. Merkley recommended the Council pass this ordinance only on the second reading to give time to come up with language that works. Council Vice President Maples advised that he would abstain on this vote due to his employer and there being a $10.00 fee associated with the background check. Councilperson Burns asked Mr. Reischl if a new restaurant owner came in for a permit if they would be required to have a background check and Mr. Reischl stated they would not. Councilperson Burns stated he was not against the background checks but felt that they were singling out one industry and he didn't think that they needed that regulation since they did not regulate other industries. Councilperson Croft stated his concern was the business was mobile and there was always the opportunity to have someone in that. Council President Owen appreciated that Mr. Reischl's department was willing to move some on the fee schedule. Council Vice President Maples asked if this was pressing or if it was only passed on the second reading so that he was able to have another conversation with Councilperson Croft if that would hold anything up. Mr. Reischl said that it would not,their goal was to have this cleared up by January 1st. Council Vice President Maples motioned to pass on the second reading only, Councilperson White 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—Not present Council President Owen—yes Councilperson Hawkins—yes Councilperson Ellis—yes Motion passes 8-0 3. Heather Metcalf 2020-OR-59 An Ordinance of Additional Appropriation Ms. Metcalf indicated there were no changes. Council President Owen advised this is the$170,000 that will come from EDIT to rehab Page 3 of 7 the Riverstage. Councilperson Ellis stated when Mr. Northam came before them asking for approval he indicated at that time there was$70,000 in the Parks budget that could be used for that and now they requested$170,000 and he wanted to know where they stood with that. Mr. Northam advised that back in March when they discussed the funding for this project they did have money in the project but since then it had been used since they thought they were getting the money from the donor so they spent that$70,000. Council President Owen opened the Public Hearing at 7:26 pm and inquired to City Clerk Gill if there were any comments submitted to the Clerk's Office and Clerk Gill advised that no comments were submitted to the Clerk's Office. Council President Owen inquired to Mr. Reischl if there was anyone present at City Hall to speak on the matter and Mr. Reischl confirmed there was not. Council President Owen closed the Public Hearing at 7:27 pm. Councilperson Hawkins motioned to approve the ordinance on the second and third reading, Council Vice President Maples 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—Not present Council President Owen—yes Councilperson Hawkins—yes Councilperson Ellis—no Motion passes 7-1 NEW BUSINESS 1. Chad Reischl 2020-OR-60 Rezone Request for Property Located at 2914 Charlestown Pike (R1-Low Density Residential to R2-Medium Density Residential) Mr. Reischl stated this rezoning had a favorable recommendation from the Plan Commission. Mr. Reischl discussed the project and advised it would be a 48 lot subdivision directly across from Wilson Elementary. There were a number of calls and concerns from the residents at Abby Chace concerning this property mostly due to traffic concerns of the area. Jason Copperwaite was present representing Paul Primavera &Associates 301 E. Chestnut Street Corydon, Indiana and stated these will all be single family residences valued between $250,000 and $320,000 and will be similar in density to what Abby Chase is. Councilperson Ellis inquired about the location of the entrance of the neighborhood and whether there was concern about the traffic from Wilson Elementary. Mr. Reischl advised that the entrance will be on Charlestown Pike and discussed concern of heavy traffic being time specific. Councilperson Ellis stated he would like to see the entrance be on Holman's Lane as opposed to Charlestown Pike. Councilperson Hawkins stated he likes the project and made a motion to approve the ordinance. Councilperson Bill seconded the motion, roll call vote: Councilperson White-yes Councilperson Burns—yes Councilperson Paris-yes Council Vice President Maples-abstain Councilperson Croft-yes Councilperson Webb—no Council President Owen—yes Councilperson Hawkins—yes Councilperson Ellis—no Motion passes 6-2 with one abstention 2. Chad Reischl 2020-OR-_Rezone Request for Property Located at 715 Allison Lane (R1-Low Density Residential to M1, Low Density Multi-Family Residential) Tabled during Approval of Agenda Page 4 of 7 3. Chad Reischl 2020-OR-61 Rezone Request for Property Located at 4903 Hamburg Pike (I1-Business Park/Light industrial to M3(High Density Multi-Family Residential) Mr. Reischl stated this rezoning comes with a favorable recommendation. This property is on Hamburg Pike and will be purchased by Denton Floyd to build a 268-unit multifamily complex on the property. Mr.John Campbell with Heritage Engineering was present along with Clayton Pace a representative of Denton Floyd to answer any questions the Council may have. Councilperson Hawkins inquired how many levels the structures will be. Mr. Campbell advised it will be suburban style structure;there will be eleven buildings each holding 24 units over three floors total. Councilperson White asked if the development would be more than just the lot that is before the Council to be rezoned. Mr. Campbell stated this is the only lot that the development will occupy. Councilperson Croft asked if there had been any consideration for the traffic on Hamburg Pike. Mr. Campbell stated this is more of an industrial area with an exiting pattern and they do not anticipate any specific traffic concerns. Councilperson Burns stated he did receive a couple of calls from constituents regarding this project mainly concerning drainage issues. He assured those constituents that the project would go before the Drainage Board and meet all of those requirements. Councilperson Hawkins made a motion to pass the ordinance. 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 4. Chad Reischl 2020-OR-62 Rezone Request for Property Located at 502 W. Market Street(R3-Old City Residential to M1-Low Density Multi-Family Residential) Mr. Reischl stated this is a property on Market Street. The developer Scott Judd with SU Developers is looking to combine the two lots in order to expand the existing multifamily on that site. Mr. Reischl advised this was coming to the Council with an unfavorable recommendation from the Plan Commission. Mr. Nathan Grimes was present with Renaissance Design Build located at 117 S. Indiana Ave.Sellersburg, Indiana to represent Mr.Judd. Mr. Grimes advised this is an undeveloped lot and the intent is to combine two lots. Council President Owen inquired about the Planning Commissions unfavorable recommendation from any of the Council that sits on that board. Councilperson Paris stated he voted no on this based on neighbor comments and concern about it not being maintained. They felt that based on that they should not add more on to that area. Mr. Reischl confirmed that a letter sent by a concerned neighbor with an additional 18 signatures not in favor of the project. Councilperson White stated he would add that he believes how it is zoned currently is the best use of that property. Councilperson White made a motion pass the ordinance. Councilperson Ellis seconded the motion, 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 Councilperson Ellis—no Motion fails 0-9 Page 5 of 7 5. Chad Reischl Update on Efforts to Create the Uniform Development Ordinance (formerly Zoning Ordinance and Subdivision Control Ordinance) Mr. Reischl gave a presentation on the Uniform Development Ordinance. They are currently in the Engage portion of the process. Mr. Reischl discussed the Focus Groups and who those were composed of and what was taken away from those focus group. Additionally, Mr. Reischl gave an overview of the surveys that were conducted with the community and the findings from the surveys. After discussing the findings of the survey, Mr. Reischl overviewed the next steps for the project and stated they would be going into the Draft mode, where they make a full document and an overview guide. Councilperson White suggested he would like to have a follow up discussion on homes similar to size of the homes on Kewanna Drive and how they fit into the code. 6. Heather Metcalf 2020-OR-63 Ordinance Transferring Certain Funds Within the Same Department Heather Metcalf stated this should take the Council through the end of the year for transfers. Mrs. Metcalf overviewed the transfers listed and asked the Council if they had any questions regarding these items. Mr. Northam spoke on the transfers for the Aquatic Center. The slides have started to fade and they are now becoming a safety issue. The pool is 20-21 years old and has started to show its age. With the Aquatic Center being shut down and having the extra money they thought it would be a good time to replace the slides. He stated he understood that the Council put a hold on capital purchases but felt this would be a good use of those funds to be able to get the project completed. Council President Owen inquired about the sign room at the Street Department and specifically moving the funds from the salt and questioned if they had adequate salt to handle winter events. Council President Owen asked if there are already roads outlined for this project. Mr. Moreland stated his goal was to at least have the money encumbered so they could use it for this project. Council President Owen asked Mr. McVoy if the Police Department would be okay transferring the money out of the salary line and Mr. McVoy stated they would. Council Croft made a motion to pass the ordinance on the first and second reading. Councilperson Webb 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 ATTORNEY COMMENT: Corporate Counsel, Les Merkley—no comment Council Attorney, Larry Wilder—No comment other than make sure you vote tomorrow if you haven't already and stay safe. DEPARTMENT HEAD COMMENT: COUNCIL COMMENTS: • Councilperson White—no comment • Councilperson Burns—no comment Page 6 of 7 • Councilperson Paris—no comment • Council Vice President Maples—no comment • Councilperson Croft—concerned with no background checks for food truck employees; remembers trouble with kids and it only takes one. • Councilperson Webb—no comment • Councilperson Hawkins—Congratulated Coach Parker and the Jeffersonville Red Devils on their victory and wished them the best of luck in sectionals. • 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—Stated at the next Council Meeting which is scheduled for November 16th, he will be out of town celebrating his honeymoon and thanked his fiancé for handling his work schedule and City Council schedule but he will not be present at the next meeting and it will be led by Council Vice President Maples. Also, he spoke with Mrs. Metcalf regarding reimbursements for purchases through the CARES act and he will reach out individually on those matters. ADJOURNMENT: Councilperson Burns made the motion to ADJOURN the meeting at 8:34 p.m. APROVED BY: _//I ATTEST: 'Lisa Gill, Clerk Se© i e ►' tO,e �/ Page 7 of 7