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HomeMy WebLinkAboutMay 3, 2023 City Council COMMON COUNCIL OF THE CITY JEFFERSONVILLE, INDIANA May 3, 2023 Regular Meeting Minutes The Common Council of the City of Jeffersonville, Indiana met for the Regular Meeting on May 3, 2023. Council President Owen along with City Clerk Gill called the meeting to order at 7:01 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: Mayor Mike Moore 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 Paris, Councilperson Croft, Councilperson Webb, Council President Owen, Council Vice President Hawkins and Councilperson Ellis. Councilpersons Burns and Councilperson Anderson were absent. Let the record reflect 7 Council Members were present in Council Chambers with 2 absent. APROVAL OF MINUTES: Council Vice President Hawkins made a motion to approve the Minutes of April 17, 2023 of the Regular Meeting, seconded by Councilperson Croft; motion passed, 7-0. Councilperson Webb made a motion to approve the Minutes of April 25, 2023 of the Capital Improvement Workshop, seconded by Council Vice President Hawkins; motion passed, 7-0. APPROVAL OF THE AGENDA: Councilperson Paris made a motion to approve the Agenda, seconded by Councilperson Webb; motion passed, 7-0. CLAIMS TO APPROVE: Civil City$1,979,070.69 Mrs. Metcalf advised there were no changes. Councilperson Webb made a motion to approve the Civil City Claims; seconded by Councilperson Croft; motion passed, 7-0. Parks$118,293.47 Mrs. Metcalf advised there were no changes. Councilperson Webb made a motion to approve the Parks Claims; seconded by Councilperson Paris; motion passed, 7-0. REPORT OF THE CLERK: Reminder the funding for elections need to be discussed. Council President Owen advised an Additional Appropriation needs to be initiated out of the Council's Budget in the General Fund for$75,000.00 to help fund the elections in May 2023. This will be on the next agenda at the Jeffersonville Council Meeting on May 15, 2023. UNFINISHED BUSINESS: 1. Heather Metcalf 2023-OR-23 Ordinance of Additional Appropriation Mrs. Metcalf advised there are no changes. Council President Owen advised that additional information that was requested at the last meeting has been received. 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 7:07pm. Councilperson Croft made a motion to approve 2023-OR-23 on the Second and Third Reading, seconded by Councilperson White; motion passed, 7-0. NEW BUSINESS: 1. Chad Reischl 2023-OR-24(Public Hearing) Rezone Request for Property Located at 3910 Charlestown Pike From R1 (Single Family Residential-Large Lot)to M2 (Medium Scale Multifamily Residential) (Public Hearing) Council President Owen said Mr. Reischl advised this Ordinance was requested to be removed by the petitioner and came with an unfavorable recommendation from the Plan Commission. Council President Owen asked this item be voted on tonight to give it finality and not leave it lingering. Council President Owen opened the Public Hearing at 7:08 pm, there was one person to speak regarding this Ordinance. Kevin Oppihle-4182 Heitz Avenue,Jeffersonville, IN 47130, advised that he was here on behalf of his neighbors and himself to let the Council know that they are against this Ordinance, it would be an eye sore and a large amount of traffic. Clerk Gill stated there were no comments sent to the Clerk's office. Council Vice President Hawkins confirmed with counsel they would need to make a motion in anticipation of it being be voted down and Mr. Wilder confirmed that was correct. Council President Owen closed the Public Hearing at 7:08 pm. Council President Owen stated he spoke at the Plan Commission meeting against this, this is the area where he grew up and this property was in his family at one point and he spoke against the rezoning because this doesn't fit the Comprehensive Plan. Council Vice President Hawkins made a motion to approve 2023-OR-24 in anticipation of it being voted down, seconded by Councilperson Webb; motion failed, 0-7. 2. Chad Reischl 2023-OR-25 Ordinance for Updates to Article 7 and 8 of the Unified Development Ordinance (UDO) Mr. Reischl advised there are 3 things being updated with the most important one being an addition of a number of design standards for multi-family housing in the City of Jeffersonville. Currently anyone building multi-family housing has no specific requirements as for how they look, how they function, etc. In the effort to see that higher quality homes are being built, standards have been put in place, such as exterior material, layouts, no blank walls on the ends of buildings, roofs, entrances, stairwells, mechanical equipment. Secondly there are some increases to the amenity standards; these are slight increases each apartment complex depending on the number of units has to create a number of amenities for its residents. Some minor corrections and clarifications were made to Articles 7 and 8 based on some of the case work that has been done in the past months which includes entrance and exit drives and landscaping. Most of what is being looked at are minor corrections and typos in the documents discovered over the past year. This comes from the Plan Commission with a favorable recommendation. Councilperson White asked what type of amenity standards were added. Mr. Reischl advised, based on the number of units, there has to be a number of points that has to be met, such as a pool, volleyball court or a walking trail. There is a scale that developers have to meet. Previously only standards were put in place for complexes with more than 50 units, now there are standards for apartment complexes with 8-20 units and 20-49 units. Councilperson White asked if it is known how much it is going to increase in cost to build these smaller units. Mr. Reischl said he does not know, but would think it would bump the cost up a little and doesn't anticipate these changes to be extreme. Councilperson Webb advised the changes in the standards fit better with the Comprehensive Plan. Mr. Reischl advised if the builder thought they could not meet the amenity standards, they could ask for a variance. 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. Council Vice President Hawkins made a motion to approve 2023-OR-25, seconded by Councilperson Webb; motion passed, 7-0. 3. Les Merkley 2023-OR-26 Ordinance Amending 2021-OR-12 (An Ordinance Regulating Parking of Shared Mobility Devices) Mr. Merkley, City of Jeffersonville Attorney advised this is mainly to assist the City in enforcing ordinances. Paragraph 3, Section 3 of 2021-OR-12 to be amended and a sentence added to say, any impounded shared mobility device shall become the property of the City of Jeffersonville after 30 days of notification to the operator via mail or upon denial of an appeal in which at that time the City of Jeffersonville Street Department shall dispose of the shared mobility device. This change is recommended due to the current Ordinance not saying what happens after the 30 day period. Paragraph G, section 2 of this Ordinance, the following was added: Mobility devices shall be parked in City Parks only in the areas designated and marked for shared mobility devises as determined by the Jeffersonville Parks Authority. Mr. Merkley advised those are the only changes being requested for Ordinance 2021-OR-12. Councilperson White asked if this would eliminate the possibility of them being placed on a regular street corners such as Spring and Market Streets. Mr. Merkley advised, no, it does not change anything else in this ordinance. Council Vice President Hawkins made a motion to approve 2023-OR-26 on the First and Second Reading, seconded by Councilperson Paris; motion passed, 7-0. 4. Les Merkley 2023-OR-27 Ordinance Amending 2010-OR-30, An Ordinance Regulating the Maintenance of Existing Buildings and Property Within The City of Jeffersonville Mr. Merkley, City of Jeffersonville Attorney advised the Council they have the authorization from the Indiana General Assembly to adopt this Ordinance. Ordinance 2010-OR-30 was originally adopted in 2010, a few years ago, the statue was revised and this Ordinance is just coming in compliance. The only thing being revised will help Code Enforcement in its duties to enforce. On page 2, section 4 it shall state: Notice, a violation shall state that a notice of continues abatement may be posted at the property at the time of the initial abatement instead of subsequent certified mail, first class mail or equivalent service. This will expedite the process for repeat offenders. Councilperson White asked if this changes the definition of rank vegetation in any way. Mr. Merkley advised, no, it is the same as the statutory definition. Councilperson Webb made a motion to approve 2023-OR-27 on the First and Second Reading, seconded by Council Vice President Hawkins; motion passed, 6-1. Councilperson White voted no. 5. Heather Metcalf 2023-OR-28 Ordinance of Additional Appropriation Mrs. Metcalf advised this Appropriation is from the recommendations for the Capital Improvement Plan from the last Special Workshop on April 25, 2023. Council President Owens advised this takes care of the Capital Needs in the General Fund for Animal Control, Police Department, safety Department, Sanitation, General Administration out of Motor Vehicle. Mrs. Metcalf advised the Council should have received an email from Paul Northam-Parks Director prior to tonight's meeting. Councilperson Webb made a motion to approve 2023-OR-28 on the First and Second Reading, seconded by Councilperson Croft; motion passed, 7-0. ATTORNEY COMMENT: Larry Wilder— No Comment Les Merkley—No Comment DEPARTMENT HEADS: JPD Chief Kavanaugh-Thanks to the Council for their due diligence and addressing the issue with the Police Department, he appreciates them putting value in the needs and understanding public safety. Chad Reischl-Plan Commission is in the final phase of the Comprehensive Plan Project. A fourth video will go out to the public. Mr. Reischl advised he will send the link to the video to each Council Member. It is also on the City of Jeffersonville Facebook site and the link will be sent to all the members who took place in the public information sessions. In mid-June, the Plan Commission is planning a special meeting regarding the Comprehensive Plan and then will bring it before the Council. PUBLIC COMMENTS: No Comments COUNCIL COMMENTS: • Councilperson White—No Comment • Councilperson Burns—Absent • Councilperson Paris— He is having issues with Roosters in his district, several complaints to him and to Code Enforcement. After discussion with Code Enforcement and Animal Control, it was recommended to talk and see what suggestions could be determined. Councilperson Paris advised he has heard a lot of reasons to not have roosters and no reasons to have one. The current Code regarding Roosters is found in the Unified Zoning Code, article 8. Animal Shelter Director Sarah Green advised they do not get complaints about the chickens but they do receive complaints about the roosters. Linda Mills confirmed this is the same case with code enforcement. This will be discussed at a later date. • Councilperson Anderson--Absent • Councilperson Croft—Thanks to the Street Commissioner, Kevin Morlan for always getting the job done and to John Bischof for the help with a drainage problem. • Councilperson Webb—No Comment • Council Vice President Hawkins—No comment • Councilperson Ellis—No comment • Council President Owen—recommends the next time the Council meeting is moved for the election he would recommend moving it back a week instead of a couple of days. The budget to help pay for the Elections this year will be an appropriation at the next Council Meeting on May 15, 2023. Thanks to all of the JPD Officers that attended tonight's meeting, they all are appreciated for the work they do and the Council supports them. ADJOURNMENT: Council Vice President Hawkins made the motion to ADJOURN the meeting at 7:37 p.m. APROV ' � , t Matt Owe , ncil President EST: Lisa Gill, Clerk