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HomeMy WebLinkAboutFebruary 6, 2023 City Council COMMON COUNCIL OF THE CITY JEFFERSONVILLE, INDIANA February 6, 2023 Regular Meeting Minutes The Common Council of the City of Jeffersonville, Indiana met for the Regular Meeting on February 6, 2023. Council President Owen along with City Clerk Gill called the meeting to order at 7:00 p.m. The meeting was open to the public in person as well as live streamed via the City Website using Zoom. INVOCATION: Councilperson Ellis led the Invocation. Pledge of Allegiance: Council Vice President Hawkins introduced Boy Scout Troop 143, which led the Pledge of Allegiance. ROLL CALL: The roll call was conducted by City Clerk Lisa Gill and present in Council Chambers were Councilperson White, Councilperson Burns, Councilperson Paris, Councilperson Anderson, Councilperson Croft, Councilperson Webb, Council President Owen, Council Vice President Hawkins, Councilperson Ellis. Let the record reflect that all 9 Council Members were present in Council Chambers. APROVAL OF MINUTES: Councilperson Burns made a motion to approve the Minutes of January 17, 2023 of the Regular Meeting, seconded by Councilperson Croft; motion passed, 9-0. APPROVAL OF THE AGENDA: Councilperson Burns made a motion to approve the agenda, seconded by Councilperson Anderson; motion passed, 9-0. CLAIMS TO APPROVE: Civil City$3,217,196.78 Mrs. Metcalf advised there were no changes. Council President Owen advised that just shy of 1.1 million of the Civil City claims are for the payments on 2 Pumper Fire Trucks. $580,000.00 for Community Crossing Grant money that is passing through encumbrances and $620,000.00 for insurance. Councilperson Burns made a motion to approve Civil City Claims, seconded by Councilperson White; motion passed, 9-0. Parks$174,109.50 Mrs. Metcalf advised there were no changes. Councilperson Paris made a motion to approve Parks Claims, seconded by Councilperson Anderson; motion passed, 9-0. REPORT OF THE CLERK: No Comment UNFINISHED BUSINESS: 1. Heather Metcalf 2023-OR-1 Ordinance of Additional Appropriation (Public Hearing) Mrs. Metcalf advised there were no changes. Council President Owen opened the Public Hearing at 7:05 pm, Clerk Gill stated there were no comments sent to the Clerk's office. There were no members of the community present to speak for or against the matter. Council President Owen closed the Public Hearing at 7:05 pm Councilperson Burns made a motion to approve 2023-OR-1 on the Third and Final Reading, seconded by Councilperson Anderson; motion passed, 9-0. 2. Heather Metcalf 2023-OR-2 Ordinance of Additional Appropriation (Public Hearing) Mrs. Metcalf advised there were no changes. Council President Owen opened the Public Hearing at 7:06 pm, Clerk Gill stated there were no comments sent to the Clerk's office. There were no members of the community present to speak for or against the matter. Council President Owen closed the Public Hearing at 7:06 pm Councilperson Burns made a motion to approve 2023-OR-2 on the Third and Final Reading, seconded by Councilperson Croft; motion passed, 8-1 with Councilperson Ellis voting no. 3. Heather Metcalf 2023-OR-3 Ordinance of Additional Appropriation (Public Hearing) Mrs. Metcalf advised there were no changes. Council President Owen opened the Public Hearing at 7:07 pm, Clerk Gill stated there were no comments sent to the Clerk's office.There were no members of the community present to speak for or against the matter. Council President Owen closed the Public Hearing at 7:07 pm. Councilperson Burns made a motion to approve 2023-OR-3 on the Third and Final Reading, seconded by Councilperson Paris; motion passed, 9-0. 4. Heather Metcalf 2023-OR-4 Ordinance of Transfer of Funds Within the Same Department Mrs. Metcalf advised there were no changes. Councilperson Burns made a motion to approve 2023-OR-4 on the Third and Final Reading seconded by Councilperson Anderson; motion passed, 9-0. 5. Heather Metcalf 2023-OR-5 Ordinance of Transfer of Funds Within the Same Department Mrs. Metcalf advised that there were no changes. Councilperson Anderson made a motion to approve 2023-OR-5 on the Third and Final Reading, seconded by Councilperson Paris; motion passed, 9-0. 6. Heather Metcalf 2023-OR-6 Ordinance of Transfer of Funds Within the Same Department Mrs. Metcalf advised there were no changes. Councilperson Paris made a motion to approve 2023-OR-6 on the Third and Final Reading, seconded by Councilperson Burns; motion passed, 9-0. NEW BUSINESS: 1. Matt Hall (The Wheatley Group) 2023-R-3 Resolution Application for Real & Personal Property Tax Abatement for Samocah United, LLC & CRS-SPV, Inc. Matt Hall presented the request for a Tax Abatement for a Kentucky based Company, CRS Reprocessing who is examining their options for expansion, they want to add some employment and some investment, expand their footprint. CRS Processing specializes in green and sustainable solutions for reprocessing industrial fluids. This would include moving their Corporate Headquarters and producing 19 jobs with an average pay of$57.00 an hour. Mr. Hall advised that a livable wage for 1 adult and 1 child in Clark County is$29.85 an hour. This does not include any positions that may relocate with this project. Capital investment would be a little over 7.6 million dollars, which would include the building and personal property. CRS Reprocessing scored a 100 on the City's Tax Abatement questionnaire. Shawn Anderson from CRS Reprocessing along with Micah McRae who will be building the building on Port Road were here to answer any questions. Council Vice President Hawkins advised that this comes with a favorable recommendation from the Redevelopment Board and the Tax Abatement process is not taken lightly, a lot of things are considered and this company is at the top and if a Tax Abatement is given, this is the type of company to give it to. Councilperson Croft asked where on Middle Road this would be built. Mr. Hall advised the address is 4514 which is between North Port Road and River Ridge. Councilperson Ellis advised that he pushed years ago for the Tax Abatement formula and is glad that it is being used now. Council Vice President Hawkins made a motion to approve 2023-R-3, seconded by Councilperson Ellis; motion passed, 9-0. 2. Chad Reischl 2023-OR-7 Hearing on Zoning Change Request for Property Located at 1021 Watt Street Current Zoning is R4 (Single Family Residential: Old City)to Proposed Zoning CN (Commercial: Neighborhood) Mr. Reischl came before the Council on behalf of the owner of Gulf Stream Commercial Services the owner of three parcels at the corner of 10th and Watt Street. All three parcels are vacant and two of them are zoned CN (Commercial Neighborhood) and the parcel in the back is zoned R4. The owners are requesting that the back parcel be zoned to CN to match the two front parcels. Their plans are to build a 7,500 hundred square foot retail building that would house a small restaurant and maybe a couple of little shops. This comes with a favorable recommendation from the Plan Commission. There are no tenants at this time. Councilperson Ellis asked how the residents on Watt Street felt about this. Mr. Reischl advised there has been no comments regarding this request. Council President Owen opened the Public Hearing at 7:14 pm. Clerk Gill stated there were no comments sent to the Clerk's office.There were no members of the community present to speak for or against the matter. Council President Owen closed the Public Hearing at 7:15 pm. Council Vice President Hawkins made a motion to approve 2023-OR-7, seconded by Councilperson Croft; motion passed, 9-0. 3. Chad Reischl 2023-OR-8 Hearing on Zoning Change Request for Property Located at 910 Nachand Lane Current Zoning is Cl (Commercial-Medium Scale to Proposed Zoning R3 (Single- Family Residential: Small Lot) Mr. Reischl came before the Council on behalf of Marietta Thompson who owns a house on Nachand Lane. In the 70's someone opened a hair salon at the property that was rezoned to Commercial. That hair salon has not been there for many decades and the zoning was never changed. Ms.Thompson is requesting that it be rezoned back to R3 to match neighboring properties so she can be sure she can continue to use her house for residential purposes. This rezone also had a favorable recommendation from the Plan Commission. Council President Owen opened the Public Hearing at 7:16 pm. Clerk Gill stated there were no comments sent to the Clerk's office.There were no members of the community present to speak for or against the matter. Council President Owen closed the Public Hearing at 7:16 pm. Councilperson Burns made a motion to approve 2023-OR-8, seconded by Councilperson Anderson; motion passed, 9-0. 4. Chad Reischl 2023-OR-9 Hearing on Zoning Change Request for Property Located at 4010 E 10th Street for 2 Parcels Current Zoning is C2 (Commercial: Large Scale) and PD (Planned Development)to C1 (Commercial: Medium Scale)for both Parcels Mr. Reischl came before the Council on behalf of Derrick Knight who is requesting the 2 parcels be rezoned from C2 and PD to C1. The applicant is combining these two lots and would like to zone it C1. Their intent is to put a Panda Express restaurant there. This comes with a favorable recommendation from the Plan Commission. Council President Owen opened the Public Hearing at 7:18 pm. Clerk Gill stated there were no comments sent to the Clerk's office. There were no members of the community present to speak for or against the matter. Council President Owen closed the Public Hearing at 7:18 pm. Councilperson Webb made a motion to approve 2023-OR-9, seconded by Councilperson Paris; motion passed, 9-0. 5. Heather Metcalf 2023-OR-10 Ordinance od Additional Appropriation Ms. Metcalf advised this is for the Parks Department in the amount of$63,000.00 from the Economic Development Fund for Park Improvements. Parks Director Paul Northam advised this is to replace all 4 pool pumps. Two of them are broken and two of them are barely holding together. Council President Owen stated it was his understanding that everything was completed last year to repair the pool, he asked if this is to repair or replace the pump and if they will be replaced prior to opening. Mr. Northam advised this is to replace all 4 and should be replaced sometime in April with the pool opening in May; this is the last of the repairs. These pumps have a 10 year life span, however the current ones have lasted 22 years. Councilperson Webb made a motion to approve 2023-OR-10 on the First and Second Reading, seconded by Councilperson Croft; motion passed, 8-1 with Councilperson Ellis voting no. 6. Heather Metcalf 2023-OR-11 Ordinance od Additional Appropriation Ms. Metcalf stated this is for$500,000.00 from the MVA Restricted Fund for road repairs. Council President Owen advised this Ordinance needs to be amended due to the money in the MVA Restricted Fund has already been encumbered for last year's paving that has not been done yet. He stated part of the money needs to come from MVA Restricted Fund and part from the Local Roads and Streets Fund. Ms. Metcalf advised that $390,000.00 will come from the MVA Restricted Fund and $110,000.00 will come from the Local Roads and Streets Fund. Councilperson White made a motion to amend 2023-OR-11 as presented by Mrs. Metcalf, seconded by Councilperson Burns; motion passed, 9-0. Council President Owen advised this half million dollars is going to be in addition to what was budgeted this year for paving. Council President Owen spoke with the Street Commissioner and Engineering and there are some extra needs that did not get done last year due to funding not being available. The City will be applying for State Grant Funding again, which will be a 50/50 match. Councilperson Ellis advised there are a lot pot holes and streets in Jeffersonville in need of paving. Council President Owen advised that once funding comes through, there will be a spreadsheet that will show what will be done and where. Councilperson Burns made a motion to pass the amended Ordinance 2023-OR-11 on the First and Second Reading, seconded by Councilperson Anderson, motion passed, 9-0. 7. Heather Metcalf 2023-OR-12 Ordinance od Additional Appropriation Councilperson White advised he is requesting an additional appropriation out of the Riverboat Fund to hold an Urban Concert, maybe on Juneteenth 2023 if the dates match up with the artist to perform at the Riverstage. Councilperson White has been working the Parks Department and Amber Powell and the estimate is roughly$125,000.00 to come out of the Riverboat Fund which is corporate tax dollars from the Casino. This could be looked upon as seed money to start it, with the intention that it will solicit sponsorships fund next year's event. Councilperson White advised that he would be working with Amber Powell to seek out sponsorships. Council President Owen asked what the balance is for the Riverboat Fund. Ms. Metcalf advised there is $493,000.00. Councilperson Ellis asked if this is a request for$125,000.00 or$250,000.00. Council President Owen advised that it is for$125,000.00 to be appropriated and then transferred to the Riverstage Fund. Councilperson Ellis advised that he requested this money only be used for the Urban Concert. Council President Owen advised it would reflect in the minutes this money is to be used only for the Urban Concert. The City has developed a reputation of bringing some world class performers to the Jeff Riverstage and this would be another one of those instances, however Council President Owen cautioned this is not a sustainable every year expense out of the budget with the way the Parks budget is now. The City is not able to do this year after year without substantial community and corporate sponsorship. The one time out of the Riverboat Fund given the half million dollar balance, he could be ok with, with the understanding that we will not be able to dip into this again for continued support of this event. We have to encourage and go after community and corporate sponsorship. Councilperson White made a motion to approve on the First and Second Reading, seconded by Councilperson Webb; motion passed, 8-1 with Councilperson Paris voting no. ATTORNEY COMMENT: Larry Wilder—No Comment Les Merkley—No Comment DEPARTMENT HEADS: Chad Reischl-- Mr. Reischl advised his department is getting closer to having a draft document of the Comprehensive Plan they have been working on. There was a suggestion of maybe a few of the Council and Chad could sit down and go through that document outside of a Council meeting, maybe as a small work task force. If anyone would want to participate, please contact him to set up a time. Heather Metcalf-No Comment Paul Northam-No Comment Chief Grant-No Comment PUBLIC COMMENTS: Chris Reiter—gave a longitude/latitude number as his address Mr. Reiter advised he would like to speak about an ordinance that was done in 2020 and has a question. He does not believe the Council intended on doing with this ordinance how it is being used now. It refers to body camera footage of the Jeffersonville City Police Department. Mr. Reiter stated when he read the minutes they said this ordinance revolved around traffic accidents. When he tries to request body camera footage for other incidents now they are referring to this ordinance and trying to charge maximum rate. His question is if that was the intention of the Council originally or if it was specifically for traffic accidents. He is referring to 2020-OR-67. Councilperson Croft responded that traffic accidents would trump anything else because there are so many of them but his understanding was any incident where body camera footage was used would be obtainable. Mr. Reiter said he is being told now they are allowed to charge the maximum rate for the state which is $150 per body camera footage and when asks about it they are referring to this ordinance. His question is if that is intentional. Council President Owen advised in order to answer the question they would need the opportunity to review the ordinance and the minutes from the meeting that transpired a little over two years ago. Council President Owen asked if Mr. Reiter had spoken with the Administration about his concerns and Mr. Reiter confirmed he had including the legal department for the City and they are hard-set on charging the maximum amount allowed by the State. Mr. Reiter stated not everyone could afford that. He is requesting 15 minutes of footage and they are requesting$300 which is the most that can be charged in the state. This is an incident concerning his children, he only wants the footage and does not want to have to spend $300. He does not think that was what the Council intended when they created this ordinance. He is concerned with maybe the funding is being abused which is why he wanted to address is during the meeting. Councilperson Croft said it if is public record, it seems like that is a pretty steep fee. Mr. Merkley advised for the record he has communicated with this gentleman by email and explained the Administration's position on this matter. Mr. Wilder advised looking at the ordinance it appears that it states simply body worn camera footage can be obtained unless there is an ongoing criminal investigation. Mr. Wilder said he has paid the same amount for footage in the past. Mr. Reiter said for what he is requesting he does not feel it should be the maximum fee. James R McClure, 1006 Hazelwood Ct., Clarksville, IN 47129 Mr. McClure advised he would like to say that all lives matter and wish the greatest President of the 20th century, Ronal Reagan a happy birthday. Mr. McClure advised he will always stand for personal liberty and rights of the citizens of the state of Indiana and will continue to carry the bold banner of bright colors that President Reagan encouraged everyone to carry. He encouraged the Council to continue to do the same. Thanks to all the staff at the City of Jeffersonville and the Council. COUNCIL COMMENTS: • Councilperson White—No Comment • Councilperson Burns—No Comment • Councilperson Paris—No Comment • Councilperson Anderson—No Comment • Councilperson Croft—No Comment • Councilperson Webb—No Comment • Council Vice President Hawkins—No Comment • Councilperson Ellis—No Comment • Council President Owen—Council President Owen advised the Council was invited to the AIM Legislative Dinner on March 8, 2023 at 6:30 pm in Indianapolis, the invitation will be on the corner of his desk. A number of the Council have met on the Public Safety Budget issue that is going on and if there are any lingering questions about any of that, those discussions need to be wrapped up and put together a work crew to talk about how the short fall in the budget will be addressed due to how the County has changed what the City will be allocated. If anyone would want to volunteer, please let him know so that group can be together. Also as Mr. Reischl mentioned, they may want to put together a work group for the Comprehensive Plan update. Council President Owen advised that the next Council Meeting scheduled would be on President's Day however City Hall is closed that day so they will meet on the following Tuesday February 21, 2023. Council Attorney Larry Wilder will advertise that the Council will meet the Wednesday after Election Day in May and November of 2023. Clerk Gill advised that she sent the 2023 Holiday Calendar out to the Council so that it could also be advertised. Council President Owen recognized and thanked Judge Jacobs and Judge Karaffa for attending the meeting. Council President Owen emphasized the excitement of 19 new jobs at an average of $57.00 an hour. This company has a facility in Louisville and they are choosing Jeffersonville for their headquarters and that makes a strong statement for Jeffersonville new and also it makes a strong statement when we talk about a new 7500 square foot commercial building coming in downtown on Watt Street and he appreciates being a small part of it. ADJOURNMENT: Councilperson Burns made the motion to ADJOURN the meeting at 7:44 p.m. APROVED BY Matt Owen, Pre i•— ATTEST: Lisa Gill, Clerk