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