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HomeMy WebLinkAbout04-05-2004COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA April 5, 2004 The Common Council of the City of Jeffersonville, Indiana met in regular session in the Multi-Purpose Meeting Room in the City-County Building, Jeffersonville, Indiana, at 7:30 P.M. on Monday, April 5, 2004. Mayor Rob Waiz, with Deputy Clerk Treasurer Barbara Hollis at the desk, called the meeting to order. Also present was City Attorney Les Merkley. Mayor Waiz welcomed all in attendance, asking all those present to stand as Reverend Clifford Vogelsang of Saint Augustine Church gave the invocation. Mayor Waiz then asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were; Councilpersons John Perkins, Ed Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Ron Grooms, and Phil McCauley. Absent: None Councilperson Zastawny made the motion to approve the agenda with the deletion of agenda item #22 and agenda item #14, second by Councilperson Sellers, passing on a vote of 7-0. Mayor Waiz presented the minutes of the meeting of March 15, 2004 for approval. Councilperson Wilson made the motion to approve the minutes as presented, second by Councilperson Fetz, passing on a vote of 7-0. Deputy Hollis presented the claim list for consideration by the Council. Deputy Hollis distributed a letter f~om Howard Steamboat Museum rekluesting a donation. The request will be considered. Councilperson Zastawny made the motion to approve the claims as presented, seconded by Councilperson Sellers passing on a vote of 7-0. PUBLIC COMMENT: Ms. Peggy Hardaway appeared before the Council to ask the Council to reject the zoning change request for the Riverview Project. Ms. Hardaway feels this project is out of place for the area. Mr. Ed Cassidy feels the Riverview Project is out of proportion and out of character for the area. He also feels it would overly crowd the area. April 5, 2004 Mr. Glen Murphy Jr. appeared before the Council asking the Council to vote against a proposal to request reimbursement of police overtime for the visit by Vice President Cheney. He showed a video of a news report with Councilperson Fetz participating in a rally at the time. Mr. Toby Johnson feels it is ridiculous to ask for reimbursement for the overtime for the Cheney visit. It is an honor to have the Vice President visit. Ms. Shell Law appeared before the Council regarding the Cheney visit. She commented that at the rally refereed to as the pro Kerry rally she saw no Ken? signs and some of the signs had offensive language. Mr. Monty Snelling said the situation of the Cheney visit has snowballed out of porportion. The City knew ahead of time of the visit and should have asked for funding. The City needs to be proud of the visit. Mr. Snelling noted Mr. Toby Johnson spent a year in Iraq. Mr. Shelling feels the City has not acknowledged its soldiers. Mayor Waiz said he was not asked to participate in the Cheney visit and when he asked if he could join the motorcade his request was refused. Councilperson Sellers said there was no reference to "murderers". Mr. Jim Nichols noted Mayor Tom Galligan did honor soldiers. AGENDA ITEMS: Mr. Greg Filer, representing Realty Equities, LLC, appeared before the Council to request passage of Ordinance No. 2004-OR-18, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Being All Of Lots 56, 67, And 58 And Part Of Lots 54, 55, And 59 In The City Of Jeffersonville From NI: Neighborhood Industrial To M2: Multifamily Residential. This request received unanimous approval from the Plan Commission with one abstention. The plans for the property are m a revolving state. Mr. Filer explained the current zoning and the proposed change. The vote tonight is not a vote on the use of the property. He feels this is a win win for the City to change the zoning. Councilperson Perkins asked if this had received proper advertising. Director Padgett replied it had. Councilperson Perkins said this would be a significant addition to the tax roles that could be captured for specific areas. Councilperson Perkins then made the motion to pass Ordinance No. 3004-OR-18, second by Councilperson Grooms, passing unanimously. 3 April 5, 2004 Mr. Greg Filer, representing Richard Foster, next requested passage of Ordinance No. 2004-OR-19, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Being part Of Lots 176, 177, 178 And 179 In The City Of Jeffersonville From The Split Zoning Of MI: Limited Multifamily And NC: Neighborhood Commercial To NC: Neighborhood Commercial Entirely. No immediate change is planned. No opposition was presented to the Plan Commission. Following questions, Director Padgett said it is unfortunate split zoning was given, and feels the Council should concentrate on the appropriateness. No enforcement complaints have been received in his office. The intensity will be controlled by the amount of parking spaces. Councilperson Grooms said if he owned the property he would want to get it cleaned up. Councilperson Zastawny made the motion to pass Ordinance No. 2004-OR- 19, second by Councilperson Sellers, passing on a vote of 7-0. Council President McCauley thanked Director Padgett for educating the Council on Jeffersonville zoning. Mr. Jim Becker, Interim Director of Redevelopment, presented tax abatement compliance forms recommending Council approval. Councilperson Perkins questioned the number of jobs provided by Beth Nova. Council President McCauley explained the process and phases of tax abatements. Director Becker said the Council would have an opportunity to consider 2004 CF-I's soon. Council President McCauley said these do need to be investigated. The steel industry situation also needs to be considered. Councilperson Grooms made the motion to approve the forms as presented, with Beth Nova being informed by letter of the concern for their status, second by Councilperson Zastawny, passing on a vote of 7-0. Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-6, An Ordinance Annexing Contiguous Territory By Voluntary Petition on the second and third readings, second by Councilperson Grooms, passing on a vote of 7-0. Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-15, An Ordinance Of Additional Appropriation (ADA) on the third reading, second by Councilperson Sellers, passing on a vote of 7-0. Council President McCanley made the motion to pass Ordinance No. 2004-OR- 16, An Ordinance Amending Ordinance 2003-OR-29, Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of Jeffersonville, Indiana For The Year 4 April 5, 2004 2004, on the second and third readings, second by Councilperson Perkins passing on a vote of 7-0. Councilperson Perkins presented Ordinance No. 2004-OR 17, An Ordinance Regulating Sexually Oriented Businesses (Repealing Ordinance No. 95-OR-35), acknowledging the hard work that was done by City Attorney Merkley. All portions have been tested and feels this will be used as a model for other cities and towns. Councilperson Perkins then made the motion to pass Ordinance No. 2004-OR-17 on the second and third readings, asking that 94 be changed to 95 on page 21, and the effective date reflect proper notice, second by Councilperson Sellers. Councilperson Grooms thanked Director Padgett for his help. Council President McCauley thanked Attorney Merkley, as this is proactive and enforceable. The vote to pass Ordinance No. 2004-OR- 17 on the second and third readings passed on a vote of 7-0. Councilperson Fetz has prepared a letter congratulating Candidate Mike Sodrel for bringing a high-ranking dignitary to Jeffersonville. He asks should taxpayers pay for a purely political event. He asks those Councilpersons that would to sign the letter. Councilperson Sellers said many attended that did not pay to be there. It was a security issue but was open to the public. Police Chief Ashabranner was asked to assist and he agreed. He was also asked if the department could afford this to which he also answered yes. The police budget has $125,000 for overtime of which $105,000 remains. Overtime for Thunder is the biggest drain. This line is used for things unpredicted. Councilperson Zastawny feels the request for reimbursement has been a distraction to the Council, it is embarrassing and not in good taste. He asks the letter not be on Council letterhead. Councilperson Fetz said the letter would be altered to include the names of those that sign. Councilperson Grooms admires Councilperson Fetz for his financial scrutiny. He does disagree and feels a congress seeker deserves protection. Police protection should be provided so freedoms can be enjoyed. Attorney Merkley suggests if any sign the letter it be done in public. Council President McCauley said there are three reasons he opposes the letter; it is unprecedented, it is divisive, and the City was asked and was told it would provide the security. Councilperson Perkins feels there is a precedent, as the federal government is reimbursed for political expenses. He agrees with the basic premise that is was purely political. The Vice President said the only reason he was here was to get April 5, 2004 5 Mike Sodrel elected. If Presidential candidate Kerry would come here in support of Congressman Hill he would feel the same. Councilperson Fetz said he will send a letter on his own as a City of Jeffersonville Councilperson. Attorney Merkley said it is not a problem if it is on City of Jeffersonville letterhead as an individual. Councilperson Zastawny has a problem with the use of City of Jeffersonville letterhead. City Attorney Merkley presented and explained the need for passage of Ordinance No. 2004-OR-20, An Ordinance Regarding Debris And Garbage On Private Property. This has been prepared upon the request of the Building Commission office. Councilperson Zastawny made the motion to pass Ordinance No. 2004-OR-20 on the first reading, second by Councilperson Wilson, passing on a vote of %0. City Attorney Merkley next presented and explained Resolution No. 2004-R-14, HIPPA Policy. Councilperson Perkins made the motion to pass Resolution No. 2004-R- 14, second by Councilperson Wilson, passing on a vote of 7-0. City Attorney Merkley then presented and explained Ordinance No. 2004-OR-15, Ordinance Designating Personnel Director HIPPA Compliant Officer. Council President McCauley made the motion to pass Ordinance No. 2004-OR-15 on all tkree readings, second by Councilperson Fetz, passing on a vote of 7-0. Councilperson Fetz introduced and explained Ordinance No. 2004-OR-21, An Ordinance Establishment Of Tree Board. Councilperson Fetz made the motion to pass Ordinance No. 2004-OR-21 on the first reading, second by Councilperson Perkins, passing on a vote of 7-0. COUNCIL AND MAYOR COMMENTS: Couneilperson Zastawny has toured the firehouse. He reported the Redevelopment meeting held discussion regarding the INAAP facility. A lot of investment will be required to make it a "gold mine". A tour of the facility can be arranged at any time. Councilperson Fetz applauds Steve Kempf for the donation to the Police canine unit. A nationwide canine event will be held here in June. Councilperson Sellers toured fire headquarters and appreciates the time spent. Councilperson Wilson noted Jeff Fest will be held the second weekend in June. Planning is underway for the Concerts In The Park. 6 April 5, 2004 Councilperson Grooms met with Street Commissioner Ellis last Thursday. Three trucks were down that day. He is looking into leasing. He suggests an equipment auction in April. Council President McCauley thanked Ms. Peggy Hardaway for her eloquent comments. He also congratulates Councilperson Wilson for receiving the Wally Award. Mayor Waiz appreciates all who came, wishing them a safe trip home. As there was no further business to co~ ~il' the meeting was adjourned 9:25 P.M. ROBERT L. WAIZ, MAYOR ATTEST: "NI" District 4A7 "Nl" District Intent, Permitted Uses, and Special Exception Uses District Intent The "NI" (Neighborhood I~dustrial) Distr~ct i~ intended t0 ~0~i.de a land use category f0r existing indus{r al U~s i~ ~ d~t areas of jeffers0nvil[~ T~=PtoVisi°ns that regu ate this land Use district should m figate industrial impacts on surrounding n~ighb°~:h°0ds and the env r0nment,~t provide some growth I~ote~i!al f-o r t~l~ in d ustries' jeffers6n~ii[:~ ~ pi~ ~iSsion and Board o~ Zoh ng a~peais should 0nly use ~his diStriCt for existing industrial uses and their expansion. The Plan Commission and Board of Zon ng Appea s should be very careful in all°Wihgthis diS~t Ct. Env ronmenta ~6~ce~h~ pbbilC safety, Pubiic w~ffa[;e and protect on from ail forms of pollution shouid be the highest priority. The Plan Commission and Board of Zoning Appeals should also strive to minim ze lighting, parking lots fronting major streets, excessive use of signs, and traffic conflicts in the "NI' District. should be strictly upheld and outdoor storage discouraged. ]effersonville Zoning Ordi~anc-~'-- 4-18 "NI" District 4.1 8 "NI" District Development Standards T Side Minimum Lot Area: · 3 acre Minimum Lot Width: · 100 feet Maximum Lot Depth: · 3 times the Lot Widt? .- Minimum Lot Frontage: °80 feat on a Public Street with access from said Public Streat Sewer and Water: · Requires municlaal water or sewer hookup Minimum Front Yard Setback: · 25 feet when aejacent to an Arterial · 20 feet when adjacen[ [o a Local Street Minimum Side Yard Setback: · 20 feet for the ~'imary and Accessory Structures Minimum Rear Yard Setback: *25 feet for the Primary and Accessory '- Structures Lot J Maximum Lot Coverage: · Souare feet of all pnmary and accessory s[ruc~ures and impervious surface cannot exceed 70% of the Lot Area Maximum Structure Height: · 35 feet for the Primary Structure · 25 feet for Accessory Structures Additional Development Standards that Apply Lot, Yard, and Density (LY) · LY-01 .................. Page 7-3 Height (HT) , HTr1 .................. Page 7-4 Accessory Structure (AS) , AS-01 ................. Page 7-5 Fences and Walls (FW) · FWd02 ................ Page 7-8 Temporary Uses (TU) · TU-01 .................. PageT-9 · TU-03 .................. Page 7-9 Public Improvement (Pi · PI-01 ................ Page 7- 3 Landscaping (LA) · LA~I ................ Page7-14 , LA-02 ................ Page7-15 · LA-04 ................ Page7-18 Buffer Yard (BY) · BY-01 ............... Page7-19 Expressway Buffer (EB) · EB-0~ ......i ........ Page 7-24 EnvironmentaJ (EN) · EN-01 .............. Page7-25 Floodplain (FP) · FP-01 ............... Page7-27 Performance (PF) · PF-01 ............... Page 7-30 Lighting {LT) · LT-01 ................. Page 7-31 General Signs (GS) · GS-01 .............. Page 7-32 Temporary Signs (TS) · TS-02 ................ Page 7-34 Permanent Signs (PS) · PS-04 ............... Page 7-36 Parking (PK) · PK-05 ............... Page 7-40 · PI(-06 ............... Page 7-41 · PK-07 ............... Page 7-43 Loading (LD) · LO-01 ................ Page 7-44 Entrances/Drives (ED) · ED*01 .............. Page 7-45 Vision Clearance (VC) · VC-01 ............. Page 7-47 Telecommunication Facilities (TC) · TC-Ol ............... Page 7-48 · TC-03 ............... Page 7-51 Special Exception (SE) · SE-01 ............... Page 7-54 Miscellaneous (MC) · MC-02 .............. Page 7-55 · MC-04 .............. Page 7-55 · MC-05 .............. Page 7-55 · MC-06 .............. Page 7-55 Article Four: institutional and Commercial Zoning Districts 4-19 "M2" District 3.9 "M2" District Intent, Permitted Uses, and Special Exception Uses District Intent The"M2" (Multifam!!Y Residential) DistriEt is intended to provide a land USe Cate~b~f°r~d~am ~o iarge sca e muitifamily developments. The provisions that regulate this land use district should protect, promote and maintain areas in je~ersonville for exist ng and future mUlfifamily housing growth; JeffersonVi e's Plan com~issi°n and Board of Zoning Appeals should strive to use this district as a buffer between o~her Residential Districts and the NC, OC, DC, CI, and C2 Districts. This district should be within close proximity to parks open space, services and retail if Possib e. The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 12 to 16 dwelling units per acre cornmunlty-w de in the ~w district. Jeffersonvilie Zoning Ordin~nce-- 3-10 "M2" District 3.10 "M2" District Development Standards ~ Lot Width I AJ-~a Minimum Lot Area: · 43,560 square feet (1 acre) Minimum Lot Width: · 90 feet Minimum Lot Frontage: · 70 feet on a Public Street with access fram said Public Street Sewer and Water: · Requires municipal water and sewer hookup Setback{ ! Minimum Front Yard Setback: · 30 feet when adjacent to an Arterial · 25 feet when adjacent to a Local Street Minimum Side Yard Setback: 20 feet per side for the Primary and Accessory Structures Minimum Rear Yard Setback: · 20 feet for the Primary and Accessory Structures Maximum Lot Coverage: · Square footage of all Primary and Accessory structures, and impervious surface cannot exceed 65% of the Lot Area Maximum Density: · 16 units per acre Minimum Main Floor Area: · 1,100 square feet per Pdmary Structure for single family or multifam- ily uses Minimum Floor Area Per Unit: · 750 square feet average per dwelling unit in a multiple-unit Primary Structure Maximum Structure Height: · 75 feet for the Primary Structure · 15 feet for Accessory Structures Additional Development Standards that Apply Lot, Yard, and Density (LY) · LY-01 .................. Page 7-3 Height (HT) · HT-01 .................. Page 7-4 Accessory Structure (AS) · AS-O1 ................. Page 7-5 · AS-02 ................. Page 7-6 Fences and Walls (FW) · FWd1 ................ Page 7-8 Temporary Uses (TU) · TU-01 .................. Page 7-9 · TU-02 .................. PageT-9 Home Occupation (HO) · HO-01 ,.: ........... Page7-10 · HO-02 ............... PageT-11 Public Improvement (PI) · PI-01 ................ Page 7-13 Landscepbg (LA) · LA-01 ................ Page 7-14 · LA-02 ................ Page7-15 · LAQ3 ................ PageT-16 Buffer Yard (BY) · BY-01 ............... Page7-19 Expressway Buffer (EB) · EB-01 ............... Page 7-24 Environmental (EN) · EN~0t .............. Page 7-25 Floodplain (FP) , FP-01 ............... Page 7-27 Performance (PF) , PF-01 ............... Page 7-30 Lighting (LT} · LT-01 ................. Page 7-31 General Signs (GS) · GS-01 1 ............. PageT-32 Temporary Signs (TS) · TS-01 ................ Page 7-34 Permanent Signs (PS) · PS-01 ............... Page 7.35 Parking (PK) · PK-03 ............... Page 7-39 · PK-0$ ............... Page 7-41 · PK-07 ............... Page 7"43 · PK-08 ............... Page 7-43 Entrances/Drives (ED) · ED-01 ............... Page 7-45 Vision Clearance (VC) · VC-01 .............. PageT-47 TelecommunicetJon Facilities ('rc) · T¢-01 ............... Page ?-48 · TC-02 ............... Page 7-51 Special Exception {SE) · SE-01 ............... Page 7-54 Mbcellaneous (MC) · MC-02 .............. Page 7-55 , MC-04 .............. Page 7-55 · MC-05 .............. Page 7-55 · MC-06 ......... :..- Page 7-55 Article Three: Residential Zoning Districts 3-I I 'iNC" District 4,5 "NC" District Intent, permitted Uses, and Special Exception Uses __ leffersonville Zonin~ O~dinance '"" "NC" District · 4.6 "NC" District Development Standards Lot Width R,O.W. = ~ Defined o~ Thoroughfare Wan Minimum Lot Area: · 6,000 square feet Maximum Lot Area: · 20,000 square feet Minimum Lot Width: · 60 feet Maximum Lot Depth: ' : · 2 times the Lot Width Minimum Lot Frontage: · 50 feet on a Public Street with access fram said Public Street or rear alley Sewer and Water: · Requires municipal water and sewer hookup Minimum Front Yard Setback: · 20 feet when adjacent to an Arterial · 15 feet when adjacent to a Local Street Minimum Side Yard Setback: · 12 feet for the Primary and Accessory Structures Minimum Rear Yard Setback: · 12 feet for the Primary and Accessory Structures Lo[ Maximum Lot Coverage: · Square footage of ail primary and Accessory structures, and impervious surface cannot exceed 70% of the Lot Area Minimum Main Floor Area: °800 square feet for Primary Structures~ Maximum Main Floor Area: · 7,000 square feet for Primary and Accessory Structures combined Maximum Structure Height: · 28 feet for the Primary Structure · 15 feet for Accessory Structures Additional Development Standards that Apply Lot, Yard, and Density (LY) Expressway Buffer (EB) Loading (LD} · LY-01 .................. PageT-3 · EB-0t ............... Page 7-24 · LD-01 ............ Page 7-44 · Accessory Structure (AS) AS-01 ................. Page 7-5 Fences and Walls (FW) · FW-02 ................ Page 7-8 · TU-03 .................. Page7-9 Public Improvement (PI) , P -01 ............. PageT-13 Landscaplng (LA) · LM)I ................ PageT-14 · LA-02 ................ Page7-15 · LA~)4 ................ Page7-18 Buffer Yard (BY) · BYe01 ............... PageT-19 Environmental (EN) · EN-01 .............. Page 7-25 Floodplain (FP) · FP-01 ............... Page 7-27 Performance (PF) , PF-01 ............... Page 7-30 Lighting (LT) · LT-01 ............. PageT-31 GeneraISigns (GS) · GS-01 .............. Page 7-32 Temporary Signs (TS) · TS-02 ................ Page 7-34 Permanent Signs (PS) . PS-g3 ............... Page 7-35 Parking (PK) . PK-05 ............... Page 7-40 · PK-O6 ............... Page 7-41 · PK-07 ............... Page 7-43 Article Four: Institutional and Commercial Zoning Districts Entrances/Drives (ED) · ED-01 ............... Page 7-45 Vision Clearance (VC) · VC-01 .............. Page 7-47 Telecommunication Facilities (TC) · TC-01 ............... Page 7-48 · TC-03 ............... Page 7-51 Special Exception (SE) · SE-01 ............... Page 7-54 UisceJlaneous (MC) · MC-02 .............. Page 7-55 · MC-04 .............. Page 7-55 · MC-05 .............. Page 7-55 · MC-06 .............. Page 7-55 4-7 Melno To~ From: Date: Re: All Council Members Les Merkley, City Attorney April 1, 2004 80-OR-1 Repealing 76-OR-2 Please find attached copies of the above captioned documents for your review. LDM/slk ORDINANCE NO. 80-OR-~_~__ ~ Ordinance Repealing Ordinance No. 76-OR-2A WHEREAs, by Ordinance No. 76-OR-2A the Common Council authorized participation by its me, ers in the Pttblic Employees Retirement Fund based upon 600 hours and WHER]~AS, the Council at this time has concluded that the menf0ers or not and will not be employed for a total of 600 hours in any particular year. NOW, THEREFORE, BE IT ORDAINED BY THE COP~4ON COUNCIL OF THE CITY OF JEFFERSONV~LLE: Se_~_tction 1__ That suck Ordinance No. 76-OR-2A authorizing SUch particupation be and the same hereby zs repealed. This Ordinance shall be in full force and effect from and after it~ passage and approval. Presented by me as Clerk-Treasurer to the Mayor of Said City of Jeffersonville this~day of~. ~7~ ~ Approved and ~  1980. ORDINANCE NO~ 76 OR 2A An Ordinance to include certain elected City officers in the Indians Public Employees Retirement Fund. WHERE^S, the members of the Common Council of the City of Jeffersonville are now engaged in City business in excess of 600 hours per annum; and WHEREAS, that amount of hours constitutes ~ull time occupation and properly qualifies such officials to participate in the Indiana Public Employees Retirement Fund; now therefore SECTION ONE Be it ordained by the Common ~ouncil of the City of Jeffersonville that the elected members of the Common Council shall be included in and be members of the Indiana Public Employees Rebirement Fund. SECTION TWO Be it further ordained that the Clerk-Treasurer of the City be authorized and directed to execute and complete sucb written instrument as necessary To affect such inclusion. SECTION THREE Be it further ordained that this Ordinance shall become effective upon its passage and app~val. Dated this 7 day of /~,~'~ , 1976. Duly adopted this of ~-~u~, , 1976. Attest: CLERK-TREASUrER /~/ ~Submitted to the Mayor for his approval this ~-~,~'o ,1976. Approved by me this day of CLERK-TREAS ~R MAYOR ~'--