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
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Action Community Action of
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201 East 15'"Street
PARTNERSHIP Jeffersonville,IN 47130
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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
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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.