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HomeMy WebLinkAbout12-05-2005COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA December 5, 2005 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 December 5, 2005. Mayor Rob Waiz, with Clerk Treasurer Peggy Wilder at the desk, called the meeting to order. Also present were City Attorney Les Merkley, and Deputy Clerk Barbara Hollis. Mayor Waiz welcomed all in attendance, asking ail those present to stand as Councilperson Perkins 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, Keith Fetz, Connie Sellers, Barbara Wilson, Phil McCauley, and Run Grooms. Absent: Councilperson Ed Zastawny. Council President Grooms made the motion to approve the agenda with the change of the speaker on agenda item #14 to Beverly Couts, Assistant Parks Superintendent, second by Councilperson Sellers passing on a vote of 6-0. Mayor Waiz presented the minutes for approval. Councilperson Wilson made the motion to approve the minutes of the November 7, 2005 5:30 P.M. meeting as presented, second by Councilperson Sellers, passing on a vote of 6-0. Councilperson Wilson then made the motion to table the minutes of the November 14, 2005 5:30 P.M., second by Councilperson Sellers, passing on a vote of 6-0. Councilperson Wilson made the motion to approve the minutes of the November 21, 2005 7:30 meeting as presented, second by Councilperson McCauley, passing on a vote of 6-0. Councilperson Wilson then made the motion to approve the minutes of the November 21, 2005 5:30 P.M. meeting as presented, second by Councilperson Sellers passing on a vote of 6-0. Deputy Clerk Hollis presented the claim list with one additional claim and the removal of a claim to Verizon Wireless under City Attorney for consideration by the Council. Councilperson Perkins made the motion to approve the claims with the one addition and one deletion, second by Councilperson Wilson, passing on a vote of 6-0. December 5, 2005 2 PUBLIC COMMENT: There was no public comment. AGENDA ITEMS: Mr. Steve Hawkins, representing Mr. Robert Hubbuch and Mr. Robert Pullen, requested passage of Ordinance No. 2005-OR-74, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Located At 5800 And 5814 Hamburg Pike. Planning and Zoning Director Hicks explained requested upgrades. The upgrades have not been done. Councilperson Fetz made the motion to table Ordinance No. 2005-OR-74, second by Councilperson Sellers. Mayor Waiz noted this is a public heating requesting comments. No comments being heard the motion to table Ordinance No. 2005-OR-74 passed on a vote of 6-0. City Attorney Merkley informed the Council action has to be taken on this within 90 days. Mr. John Bushau appeared before the Council requesting passage of Ordinance No. 2005-OR-75, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As Being Part Of Property Described As Lots One, Three, And Five Of Sellers Court Subdivision As The Same Appears Of Record In Plat Book 6, Page 57 Being Located At 2811 And 2813 Sellers Court. The Plan Commission has given this request a favorable recommendation. Council President Grooms made the motion to pass Ordinance No. 2005-OR-75, second by Councilperson Wilson. Mayor Waiz requested public comment. No comments being heard the motion to pass Ordinance No. 2005-OR-75 passed on a vote of 6-0. Mr. John McCoy, representing Mr. Bob Missi, appeared before the Council requesting passage of Ordinance No. 2005-OR-76, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As a 1.68-Acre Tract Located At 3417 Holmans Lane. The Plan Commission has given an unfavorable recommendation on this matter. Mr. Bob Missi explained he is asking for approval of the concept, which is consistent in the area. Councilperson Fetz said it is a typical use for the area and he did vote for a favorable recommendation. The plan does have to go back to Planning and Zoning. Mr. Missi said the plan calls for 1800 sq ft units that would sell for $150,000. Public comments were requested. Mr. Ron Smith, a resident of 3310 Holmans Lane reviewed a history of development in the area, saying he does not want to December 5, 2005 3 see the area "ate like a potato chip - one at a time". He voiced concerns for the proposal asking "do not spot zone". He requests the Council turn down the request, as he would prefer to see the area go commercial. Ms. Patricia Lowery, a resident of 3502 Holmans Lane presented and read aloud a petition with 37 signatures asking the request be denied. Council President Grooms made the motion to table Ordinance No. 2005-OR-76, second by Councilperson Sellers. Councilperson McCauley suggests that a plan similar to the one done for Hoskins Lane be worked on. The motion to table Ordinance No. 2005-OR- 76 passed on a vote of 6-0. Mr. Steve Kempf, on behalf of his father Thomas Kempf, appeared before the Council requesting passage of Ordinance No. 2005-OR-77, An Ordinance Changing The Zoning Map Designation Of A Certain Tract Of Property Described As A One-Acre Tract Located At 2413 Utica Pike. Mr. Kempf made a statement regarding the proposed project (attached). Councilperson Perkins asked Planning and Zoning Director Chester Hicks if the project could be built on the South side of Utica Pike. Mr. Kempf said the Corps Of Engineers did grant a permit at one time. The units would cost between $900,000 and $1,100,000. The plan does meet the set back requirements. Public comment was requested. Mr. David Lewis, Attorney representing Ned and Sue Pfau and Elmer and Francis Hoehn who are present and Mark and Jill Oca (letter attached). Following the notation of several comprehensive plan points, Mr. Lewis said approval will violate the comprehensive plan and is nothing more than spot zoning. Mr. Lewis asked the Council to deny the request saying it may never happen the way it is being proposed. Mr. Bill Scott, a resident of 2809 Utica Pike stating his concern for what looks good asked the Council to deny the request as it is not the right place. Mr. John Johnstone, a resident of 506 Erin Drive asked the Council to deny the request saying zoning is a covenant. Mr. Elmer Hoehn, a resident of 2105 Utica Pike, spoke against passage, saying it is with pride he lives here, as it is a prize location. Mr. Joe LaRoca, a resident of 202 Chippewa first thanked the Council for the sidewalks to the YMCA. He then asked the Council to deny the request to preserve the neighborhood. Mr. Mark Fisher is not a current resident of Jeffersonville but is planning on coming back to Jeffersonville. He feels Utica Pike is the "Jewel of Jeffersonville'. He does not understand the exclusivity. He would consider the plan a "crown jewel". Mr. Steve December 5, 2005 4 Kempf noted the proposal does meet the comprehensive plan, they do not change the use - residential, and the set back is met. He feels the proposal wilt increase property values. Mr. Lewis showed pictures and referred to proposals made by Mr. Kempf that have not been completed (documents attached). Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-77, second by Councilperson Fetz. Councilperson McCanley referred to the Perrin Point rezoning issue, saying this is serious business. The credibility of the Council is at stake. The unfavorable recommendation was a 6-3 vote and he hopes the Council will honor the plan commission recommendation. He asks that the Council wait until all seven members are present. City Attorney Merkley noted there are two different singed versions of Ordinance No. 2005-OR-16. A review of the minutes indicates the correct version. He feels the agreement has been lived up to. Planning and Zoning Director Hicks feels the set back conform to the guidelines. Councilperson Wilson said she has received call in favor of passage, including Mr. Vissing next door to the property. Council President Grooms asked Director Hicks how many M1 zonings there are staring at 2100 Utica Pike. Director Hicks said to his memory and without a map, there are no Mi, but some commercial. Councilperson McCauley said he feels Mr. Vissing does not approve. Ordinance No. 2005-OR-77 passed on the following roll call vote. Ayes: Councilpersons Wilson, Sellers, Fetz, and Perkins. Nays: Councilpersons McCauley, and Grooms. Assistant Park Director Beverly Couts explained the need for passage of Ordinance No. 2005-OR-78, An Ordinance Granting Authority For The Parks And Recreation Department To Apply For A Credit Card Account. Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2005-OR-78, second by Councilperson Sellers, passing on a vote of 6-0. Clerk Treasure Wilder explained the State Board of Accounts requirements regarding credit cards. Councilperson Perkins made the motion to pass Ordinance No. 2005-OR-78 on all three readings, second by Councilperson Sellers, passing on a vote of 6-0. Councilperson Fetz introduced Ms. Vicki Appleby who explained her request for a Revolving Loan. She explained the plans for the expansion of her business. Following all discussion, Councilperson Perkins made the motion to approve the revolving loan December 5, 2005 5 request for the cost of the improvements not to exceed $40,000, terms to be agreed upon, second by Councilperson Wilson, passing on a vote of 6-0. Clerk Treasurer Wilder explained the need for passage of Ordinance No. 2005- OR-79, An Ordinance Of Additional Appropriation (General Fund - Common Council, Animal Shelter, Clerk Treasurer). Councilperson Perkins made the motion to suspend the rules for Ordinance No. 2005-OR-79, second by Councilperson Sellers, passing on a vote of 6-0. Councilperson Perkins then made the motion to pass Ordinance No. 2005-OR-79 on all three readings, second by Councilperson Sellers, passing on a vote of 6-0. CLERK TREASURER COMMENTS: There were no Clerk Treasurer Comments. COMMITTEE REPORTS: There were no committee reports. COUNCIL AND MAYOR COMMENTS: Councilperson Wilson commented on the floodwall mural dedication and "Light Up Jeffersonville". Councilperson Fetz said he does not like the Santa Claus hat on the Thomas Jefferson statute. Councilperson Perkins noted Mayor Waiz and Attorney Merkley will not be attending the upcoming conference, as they will be doing important City work. Council President Grooms noted the Solid Waste Board will meet on Thursday. There will be a special Council meeting on December 27, 2005 at 7:30 P.M. Mayor Waiz said he appreciates all who attended the Floodwall Mural Dedication and Light Up Jeffersonville. As there was no further business to com uncil, the meeting was adjourned 10:25 P.M. / ROBERT L. WAIZ, MAYOR ATTEST: PEGGY WILDER, CLERK AND TREASUR~ER December 5, 2005 6