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HomeMy WebLinkAboutApril 3, 2023 City Council COMMON COUNCIL OF THE CITY JEFFERSONVILLE, INDIANA April 3, 2023 Regular Meeting Minutes The Common Council of the City of Jeffersonville, Indiana met for the Regular Meeting on April 3, 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: ROLL CALL: The roll call was conducted by City Clerk Lisa Gill and present in Council Chambers were Councilperson White, Councilperson Anderson, Councilperson Croft, Councilperson Webb, Council President Owen, Council Vice President Hawkins and Councilperson Ellis. Councilperson Burns joined the meeting by Zoom. Councilperson Paris was absent. Let the record reflect that 7 Council Members were present in Council Chambers and 1 by Zoom. APROVAL OF MINUTES: Councilperson Webb made a motion to approve the Minutes of March 20, 2023 of the Regular Meeting, seconded by Councilperson Croft; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson--Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis--Yes Council President Owen-Yes; motion passed; 8-0. APPROVAL OF THE AGENDA: Council President Owen advised that item number 11 to rezone property located on 3500 Block of Holmans Lane had been pulled from the agenda per the applicant's request. Councilperson Ellis made a motion to approve the amended agenda, seconded by Councilperson Anderson; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson-Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis-Yes Council President Owen-Yes; motion passed; 8-0. CLAIMS TO APPROVE: Civil City$2,251,952.42 Council President Owen advised there was a change on page 9, and two items were removed. The new total for the Civic City Claims is$2,249,234.29. Mrs. Metcalf advised the changes to the Civil City Claims removed a claim for$1,705.34 and one for $1,012.79; both claims needed further clarification. Councilperson Burns made a motion to approve the Civil City Claims with the changes, seconded by Councilperson Webb; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson-Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis-Yes Council President Owen-Yes; motion passed; 8-0. Parks$453,842.10 Mrs. Metcalf advised there were no changes. Councilperson Webb made a motion to approve the Parks Claims, seconded by Councilperson Anderson; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson-Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis-Yes Council President Owen-Yes; motion passed; 8-0. REPORT OF THE CLERK: No Comment UNFINISHED BUSINESS: Heather Metcalf 2023-OR-17 Ordinance of Additional Appropriation (Public Hearing) This Appropriation is in the Edit Fund for repairs and maintenance in the Parks Department. Mrs. Metcalf advised there were no changes. Council President Owen opened the Public Hearing at 7:04 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 Webb made a motion to approve 2023-OR-17 on the Third and Final Reading, seconded by Councilperson Croft; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson--Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis--Yes Council President Owen-Yes; motion passed; 8-0. 2. Heather Metcalf 2023-OR-18 Ordinance of Additional Appropriation (Public Hearing) This Appropriation will come from the Public Safety Local Income Tax to pay the final payments for capital leases for both Fire and Police Departments. 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 Anderson made a motion to approve 2023-OR-18 on the Third and Final Reading, seconded by Councilperson Webb; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson-Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis-Yes Council President Owen-Yes; motion passed; 8-0. NEW BUSINESS: 1. Chad Reischl 2023-OR-(Public Hearing) Rezone Request for Property Located on 3500 Block of Holmans Lane From R1 (Single Family Residential: Large Lot to Proposed Zoning M2 (Multi- Family: Medium Scale) Removed from the agenda per applicant's request. 2. Chad Reischl 2023-OR-19 (Public Hearing) Rezone Request for Property Located on 3300 Block of Middle Road From R1 (Single Family Residential: Large Lot)to Proposed Zoning R2 (Single-Family Residential: Medium Lot) Mr. Zachary Giuffre presented for Chad Reischl. The rezone for this parcel is to build a 55 lot single family subdivision called Middle Road Commons. The rezone request fits in with the Comprehensive Plan and aligns with the adjacent parcels. There is a letter from Millennium Builders detailing some of the public discourse that was discussed at the Planning and Zoning Meeting last week (See Attached). This rezone comes with a favorable recommendation from the Planning and Zoning Department. Council Vice President Hawkins asked if this was the same parcel that was denied before for apartments, Mr. Giuffre advised that it was. Councilperson Burns asked if this was the rezone that certain conditions were put upon. Mr. Giuffre advised it was not. Council President Owen opened the Public Hearing at 7:09 pm. John Kraft-Law Firm of Young, Lind, Endres & Kraft, 126 W Spring Street, New Albany IN 47150 advised this rezone comes with a unanimous favorable recommendation with no conditions imposed. 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 7:10 pm. Council Vice President Hawkins made a motion to approve 2023-OR-19, seconded by Councilperson Croft; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson--Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis--Yes Council President Owen-Yes; motion passed; 8-0. Council President Owen advised that Millennium Builders has done a wonderful job with the past work that they have done. Councilperson Croft advised their work could not be better. 3. Chad Reischl 2023-OR-20(Public Hearing)Rezone Request for Property Located on 1500 Block of Plank Road From R3(Single Family Residential:Small Lot to Proposed Zoning M2 (Multi-Family: Medium Scale) Mr. Zachary Giuffre presented for Chad Reischl. The rezone request for this parcel is to construct 3 single story duplexes,each containing 2-3 bedrooms and being approximately 1,200 square feet. In the general area there is a M2 parcel that directly abuts the subject parcel, most surrounded by single family properties. It does meet the Comprehensive Plan goals. Planning and Zoning would like to see a condition placed on this rezone to have the project designed exactly as presented.The applicant also agreed to execute a zoning commitment at Clark County to solidify that commitment to construct 3 single duplexes as well due to zoning to M2 opens the door to 3 story buildings which is out of character with the adjacent single family developments. This rezone comes with a unanimous favorable recommendation from the Planning and Zoning Board with these conditions. There is a letter with those conditions signed by the Execute Director of Community Action of Southern Indiana, Phil Ellis(see attached). Mr. Giuffre request that the Council solidify these conditions in their approval. Council Vice President Owen asked if there is another future owner, do the same conditions pass on to them. Mr. Giuffre advised yes. Councilperson Burns clarified with Mr.Giuffre this will be a document recorded in the office of the recorder's office in the Clark County Government Center, Mr. Giuffre advised,yes it will be. Councilperson Ellis asked Council Attorney Larry Wilder, since he is a member of the Board of Directors for Community Action of Southern Indiana should he abstain from voting. Councilperson White abstained due to Community Action of Southern Indiana being one of his corporate clients. Council Attorney advised yes, he and Councilperson White both should abstain from voting. 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 Webb made a motion to approve 2023-OR-20 with the conditions described, seconded by Councilperson Croft; roll call: Councilperson White-Abstain Councilperson Burns-Yes Councilperson Anderson--Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis—Abstain Council President Owen-Yes; motion passed; 6-0-2 with Councilperson White and Councilperson Ellis abstaining. 4. Heather Metcalf 2023-OR-21 Ordinance of Transfer of Funds Within the Same Department Mrs. Metcalf advised this is for the Engineering Department from Contractual Services to Equipment in the amount of$1,500.00 for a new computer. Councilperson White made a motion to approve 2023-OR-21 on the First and Second Reading, seconded by Council Vice President Hawkins; roll call: Councilperson White-Yes Councilperson Burns-Yes Councilperson Anderson--Yes Councilperson Croft-Yes Councilperson Webb-Yes Council Vice President Hawkins—Yes Councilperson Ellis--Yes Council President Owen-Yes; motion passed; 8-0. ATTORNEY COMMENT: Larry Wilder— No Comment Les Merkley—No Comment DEPARTMENT HEADS: No Comments PUBLIC COMMENT: Greg Miller 201 E 15th Street,Jeffersonville, IN 47130--Community Action of Southern Indiana Did not speak, matter already addressed. Kate McNeely 3002 Eastbrook Blvd Apt 13, Jeffersonville, IN 47130 Mrs. McNeely comes before the Council again with further information regarding her problems with Pinnacle Properties. Nothing further has been done since the last Council meeting on March 20, 2023. She has had her 10 month old child allergy tested and is allergic to eggs and black mold. The Clark County Health Department has been to inspect her bathroom, however she has not heard back from them at this time. When following up with the maintenance office, she is told they are waiting on the work orders from corporate, which is located in Jeffersonville, Indiana. Mrs. McNeely provided the Council with several reports which includes the Better Business Bureau, several open and closed small claim cases, Indiana Civil Rights Commission Fact Sheet on Tenant Rights in Indiana, Indiana Property Law, all of which have been sent to each Council member. Council Vice President Hawkins advised that the City of Jeffersonville had reached out to Mrs. McNeely prior, has there been any follow up since. Mrs. McNeely advised no, that they may have tried, but she has been very busy with work and she will reach back out to them. The property manager had placed a piece of plastic over a hole, however,that only lasted one day due to weather conditions. Councilperson Croft asked if anyone had tested the black mold to determine what kind it is. Mrs. McNeely advised that she had bought a home test, the results take anywhere from 48-96 hours. COUNCIL COMMENTS: • Councilperson White—No Comment • Councilperson Burns—No comment • Councilperson Paris—Absent • Councilperson Anderson—No Comment • Councilperson Croft—The street department has started paving roads, please use caution to keep them safe, it will take a while for completion. • Councilperson Webb—No Comment • Council Vice President Hawkins—with all of the wind that has happened lately, the street department is picking up a lot of limbs, people are setting a lot of stuff out to be pick up. The Street Department is doing a wonderful job. Zachary done a great job tonight presenting the rezoning's, he must have had a great trainer, Mr. Reischl. • Councilperson Ellis—Condolences to the family of former JPD officer Robert Oliver whom passed away last week. • Council President Owen—Condolences to the Oliver family,thanks and appreciation to the Street Department for all of their hard work. The city will be paving over 2 million dollars of road ways this year. Remind everyone that on April 6, 2023 at 3:00 pm, a workshop on the Capitol Outlook will be held in Council Chambers for each department. This is open to the public and has been published, the workshop will not be streamed. ADJOURNMENT: Council Vice President Hawkins made the motion to ADJOURN the meeting at 7:29 p.m. APROVED B • Matt Owen, Council President ATTEST: Li a Gill, Clerk • .,.„.•.,y .w.OKl ywvLIM, 0 Action Community Action of c�nmuw/tp Southern Indiana, Inc. 201 East 15'"Street PARTNERSHIP Jeffersonville,IN 47130 Ca+wMt7 kit.of SwWm WC..rI rwb.ossorn IM.HsrwoIK (812)288-6451 March 31 th, 2023 City of Jeffersonville Planning and Zoning 500 Quartermaster Court,Suite 200 Jeffersonville, IN 47130 Acceptance of Conditions for Rezoning. Parcel 10-19-00-900-205.000-010 Dear Planning& Zoning, Per the findings of the Jeffersonville Plan Commission made during the public hearing held on March 28th concerning the rezoning of parcel 10-19-00-900-205.000-010 from R3 to M2,Community Action of Southern Indiana agrees to the conditions that the project contains at most three,one-story duplexes and agree to execute a zoning commitment, stating as such, to be recorded at the County following City Council Approval at their April 3`d,2023 meeting. Sincerely, , E g(212's Executive Director Community Action of Southern Indiana In corysti nee with state and federal lays Community Action of Southern Indiana will not discriminate on the basis of race,color,national origin,age,sex, veterans status,sexual orientation,manta')status or isability or other legally protected status.