CITY COUNCIL MINUTES
NOVEMBER 17, 2003
The Honorable Council of the City of Evansville met on regular session at 6:30 pm on Monday, November 17, 2003 in the City Council Chambers, Room 301 Civic Center Complex, Evansville, Indiana with President John, presiding. The following business was conducted.
These minutes are not intended to be a verbatim transcript. Audiotapes of this meeting are on file in the City Clerk’s Office.
ROLL CALL:
Present: Kniese, Bagbey, Melcher, Koehler Walden, Watts, Angermeier, Kiefer, John.
Absent: Robinson
There being eight (8) members present and one (1) members absent and eight (8) members representing a quorum, the President declared this session of the Common Council officially opened.
PLEDGE OF ALLEGIANCE
Lizzie Whobrey (President Curt John’s student shadow) led the pledge of allegiance this evening.
COUNCIL ATTORNEY
John Hamilton is Council Attorney this evening.
TEEN ADVISORY COUNCIL
Lizzie Whobrey Jason Nix
David Worthington Allie Merkley
Jessalyn Julian Alana Hahn
Michelle Reitman Vikram Goyal
READING AND AMENDMENT OF MINUTES OF PRECEDING MEETING
Is there a motion to approve the minutes of the November 10, 2003 meetings of the Common Council as written?
Councilman Bagbey moved and Councilman Watts seconded the motion that the minutes of the regular meeting of the Common Council held November 10, 2003 be approved as written. Voice vote. So ordered.
REPORTS AND COMMUNICATIONS
IN YOUR NOVEMBER 14TH PACKET:
*Agenda for November 17, 2003 City Council Meeting.
*Committee Meeting Schedule.
*City Council Minutes from November 10, 2003 meeting.
*Area Plan Commission Staff Reports.
*Area Plan Commission Minutes from November 5, 2003 meeting.
*Ordinances F-2003-21 and F-2003-22.
*Rezoning Ordinances R-2004-1, R-2004-2, and R-2004-3.
*Rezoning Ordinance R-2003-30 as amended with Use and Development Commitment.
*Draft Agenda for the Evansville Redevelopment Commission November 18, 2003
Meeting.
*A copy of a memo from City to the Evansville Redevelopment Commission.
*Financial Report dated October 31, 2003.
ON YOUR DESK THIS EVENING:
*Board of Park Commissioners Agenda for November 19, 2003 meeting.
*A memo from Tonya Turnley, Community Development/HOME Specialist.
Councilman Melcher moved and Councilman Angermeier seconded the motion to receive, file and make these reports and communications a part of the minutes of the meeting. Voice vote. So ordered.
CONSENT AGENDA
FIRST READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE F-2003-21 FINANCE (ROBINSON) KNIESE
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AUTHORIZING TRANSFER OF APPROPRIATIONS WITHIN VARIOUS CITY DEPARTMENTS AND FOR ADDITIONAL APPROPRIATIONS FROM VARIOUS CITY FUNDS
ORDINANCE F-2003-22 FINANCE (ROBINSON) JOHN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AUTHORIZING APPROPRIATION OF FUNDS WITHIN A CITY DEPARTMENT
ORDINANCE R-2004-1 TO APC C-2 & R-2 TO C-2
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 701,703,707,709,711,713,715,717, AND 719 HESS AVENUE AND 702-706 & 718 N. ST. JOSEPH AVENUE
PETITIONER: CHIP SPRIGG REALTORS, INC.
WILLIAM W. SPRIGG III, PRESIDENT
OWNER: ANNA MAE GRIES (701 HESS AVE.)
DEBRA D. SIMPSON (703 HESS AVE.)
WILLIAM & MERRIE RUSSLER (707 HESS AVE.)
TIMOTHY & MARY SMITH (709 HESS AVE.)
REMBERT & LESA DASH (711 HESS AVE.)
JAMES & KAREN BARRON (713 HESS AVE.)
LARRY & BARBARA DIMMETT (715 HESS AVE.)
ELNORA S. SCHMITZ, TRUSTOR (717 HESS AVE.)
JUDITH A. KANE (719 HESS AVE.)
JAMES E. CARTER, ETAL (702-706 N. ST. JOSEPH AVE.)
CHRISTOPHER L. TURPIN (718 N. ST. JOSEPH AVE.)
REP: STEVEN BOHLEBER
DISTRICT: B.J. WATTS, WARD 6
ORDINANCE R-2004-2 TO APC R-2 TO R-3
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3426 IGLEHEART AVENUE
PETITIONER: NICOLE R. POLLOCK
OWNER: ALBERT & SHARON GREEN
REP: NICOLE R. POLLOCK
ORDINANCE R-2004-3 TO APC C-1 TO C-2 W/U&D COMM.
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 714 AND 716 N. WEINBACH AVENUE
PETITIONER: AMY B. WOOLSEY
OWNER: AMY B. WOOLSEY
REP: NICK J. CIRIGNANO, ESQUIRE
Councilman Watts moved and Councilman Kiefer seconded the motion to adopt the Consent Agenda as written. Voice vote. So ordered.
CONSENT AGENDA
SECOND READING OF ZONING ORDINANCES
ORDINANCE R-2003-26 FROM APC R-1 TO R-3 W/U&D COMM.
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 121 S. DEXTER AVENUE
PETITIONER: THOMAS J. ANGERMEIER
OWNER: SAME
REP: LESLIE C. SHIVELY
DISTRICT: JEFF KNIESE, WARD 1
This petition was recommended for denial, having 1 affirmative vote and 11 negative votes and 1 abstention.
ORDINANCE R-2003-31 FROM APC R-1 TO CO-1
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 621 W. MILL ROAD
PETITIONER: JERRY F. JONES
OWNER: SAME
REP: LESLIE C. SHIVELY
DISTRICT: ANGELA KOEHLER WALDEN, WARD 5
This petition was recommended for approval, having 13 affirmative votes.
ORDINANCE R-2003-32 FROM APC C-1 TO C-4
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 1012, 1016, & 1020 NORTH MAIN STREET
PETITIONER: EVERETT BAYLOR
OWNER: MICHAEL WEBER
REP: LESLIE C. SHIVELY
DISTRICT: STEPHEN MELCHER, WARD 3
This petition was recommended for approval, having 13 affirmative votes.
ORDINANCE R-2003-33 FROM APC R-1 TO C-1 W/U&D
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS
15 – 17 VANN AVENUE
PETITIONER: STACY J. STEVENS
OWNER: ROBERT C. HEUGEL
REP: STACY J. STEVENS
DISTRICT: JEFF KNIESE, WARD 1
This petition was recommended for approval, having 12 affirmative votes.
Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt the Consent Agenda Second Reading of Zoning Ordinances and to accept the Area Plan Commission Report. Voice vote. So ordered. Council now stands at Third Reading of Zoning Ordinances which is final action.
President John: Mr. Shively are you going back to Area Plan for anything on R-2003-31?
Les Shively: Is it the Mill Road?
John Hamilton: Do you want it moved to third reading or do you want it held?
Les Shively: We would like to have it held if we could. One of the representatives of the Neighborhood Association is here this evening and they have requested through Councilwoman Walden, Koehler Walden, they would like to have some time to take it back to their Neighborhood Association. So we’d like to put it on your agenda tentatively, providing we don’t have to go back to Plan Commission, for December 22nd.
President John: So Councilman if you’d like to amend your motion to hold Ordinance R-2003-31 at this time until the 22nd of December, and move the others forward to third.
Councilman Melcher moved and Councilwoman Walden seconded the motion to hold Ordinance R-2003-31 at this time until the 22nd of December and move the others forward to third. Voice vote. So ordered.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES
ORDINANCE R-2003-26 FROM APC R-1 TO R-3 W/U&D COMM.
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 121 S. DEXTER AVENUE
PETITIONER: THOMAS J. ANGERMEIER
Les Shively: Mr. President, Members of the City Council, my name is Les Shively representing Mr. Thomas Angermeier the petitioner on this particular request. You see the property that is the request rezoning which is marked down there. I’ve had the staff of the Plan Commission also show here another rezoning request that will come before you this evening in the same neighborhood, which is a request to a Commercial classification on Vann Avenue. And I’m going to come back to that in a moment. This particular request is to allow Mr. Angermeier to utilize his property basically as an R-2 configuration. The reason we are seeking the R-3 is because in order to have two dwelling units on a piece of property that are not connected by a common wall requires R-3 classification. We have provided a use and development commitment making that clear. At least I thought it was clear until the Plan Commission meeting and saw one of….make sure we have it clear again. And I’m going to give a copy of this to your Counsel. Item #1 of the use and development commitment should read as corrected at the Plan Commission meeting that quote: “The use of the property under the R-3 classification shall be limited to two dwelling using only the existing structures as set forth in the site plan submitted in conjunction with the rezoning petition”. And again the….at the end of the day if this rezoning is approved no more than two dwelling units….it will be just like a duplex except we don’t have a common wall. Let me acquaint you for a moment with the subject property. First of all let me clear up a couple other misconceptions. It was reported in the Evansville Courier, and maybe other media sources, I just saw the article in the newspaper that this is a conversion of a garage to a dwelling unit. That is incorrect. This is a structure that was established many, many years ago used for a limited commercial retail purpose. Mr. Angermeier attempted to convert it to a residential use and thought he could do that because of the previous non-residential use of the property, was stopped, tried to rezone it last year. That was not successful, that’s why we are back before you today. Last year, however, there was not a use and development commitment that may put the limitation on this R-3 classification. The other thing I’d like to also bring to your attention is that the area is an area of mixed uses and if, Donna, you could show the other R-3, there’s an R-3 directly across the street from the subject property. If we could highlight that, Donna. That building right there….that’s about 50 feet cat-a-corner from the subject property. That big roof you’re looking at right there that Donna is pointing out you, that is an R-3 today. There was some testimony at the Plan Commission meeting that that was a converted church, what have you, there are still photographs around here someplace in the file, and I don’t know where the….. If you’ll see those still photographs you can definitely tell that it’s really questionable whether that structure was ever a church. The most important thing is the official maps of the Plan Commission clearly show this property not as a legal non-conforming, but as an R-3 zoned property and there are currently five units in there. Also, immediately across the street, and you’ll hear from the gentleman here this evening. Immediately across the street on
Dexter, right there where Donna’s pointed out to you, is a C0-2 use. This is an accountant’s office. The gentleman who owns that property has done and excellent job with that in converting it from the previous use as a grocery store many years ago to his use as his accountant’s office. As you can see, this neighborhood for years has been a mixed-use neighborhood. In fact, if you go further down towards Vann Avenue, where the print shop is located, that also was a grocery store many year ago, converted to Evansville Lithograph. That’s the….I rezoned that property for those folks many years ago. As well as the C0-2 right at the corner of Vann and Lloyd Expressway, which is Vicki Brasel Insurance Company. Which is just north of the property that you will be discussing later this evening that’s requesting a C classification. We believe that this particular request is consistent with the uses in the particular area. Again, I know I’ve said this several times, the only reason we are going to the R-3 is because we don’t have a common wall. The net affect is this going to be a duplex, and that clearly will not be out of character, out of step with the uses in the immediate area and certainly consistent with the mixed uses in this particular neighborhood. More that happy to answer any questions that you have at this time. And also, would also note that the use and development commitment also makes it very clear that the completion of the building that faces Sycamore will have to be finished off in a manner so that the outward appearance is consistent with the single family character of other structures in the area. More than happy to answer of your questions.
Councilman Kiefer: Mr. Shively did you say that there’s currently something in there now?
Les Shively: There’s nothing. It’s vacant. Nobody’s in there.
Councilman Kiefer: Oh, okay.
Les Shively: Maybe if I clarify. Immediately across the street is a structure that is zoned R-3 that has five units in it. That’s immediately across the street.
Councilman Kiefer: Okay, thank you.
John Hamilton: This amended use and development, has this already been changed?
Les Shively: Yes, it was changed but the Plan Commission accepted the change at it’s meeting. And this is providing it to you for your records in written form.
John Hamilton: Okay, and it looks like there’s a word missing. It says shall be limited to two dwelling using only…..
Les Shively: these’s …two dwellings.
John Hamilton: Two dwellings.
Les Shively: Using existing structures.
John Hamilton: As set forth on the site plan and the site plan shows….
Les Shively: Yes sir, yes sir.
President John: Questions, Councilman.
Councilman Kniese: Will this be owner occupied or completely rental units?
Les Shively: The….Mr. Angermeier indicates that the immediate…. immediate plans is that he’s going to live there in one of the units. How long he would live there I don’t know. He does have another residence. I believe he testified at the Plan Commission he has a residence on Olmstead. But I also would note that we found from comments were made by neighbors at the Plan Commission meeting that there are a lot of, not just the ones that are zoned multi-family, but some R-1 zoned properties that are actually rental or non-owner occupied in this neighborhood. This is non-owner occupied. It’s not something that is inconsistent with the uses in this neighborhood.
Councilman Kniese: Thank you.
President John: Is the owner here this evening? Mr. Angermeier.
Les Shively: I know that he works for one of the trade unions and he has been working out of town and he may not have made it back, Mr. John. I’ve been in and out of the office, and I’ve not heard back from him because he may have gotten stuck out of town.
President John: That would have been a question appropriate for him so that’s why I asked. Any other questions by Members of Council? If not, did you have anyone else that wanted to speak in favor of this petition this evening?
Les Shively: No Mr. President.
President John: Is there anyone here that would like to speak in opposition to this? Please come forward and state your name.
Larry Taylor: I’m Larry Taylor. I live at 116 south Dexter. I also own a house at 3001 east Sycamore which is on another corner, southeast corner from the subject property you are working on right there. I don’t know what questions to answer, and I don’t know whether to shoot off a cannon and become a fly. I don’t know where we are at here. The Area Plan Commission has voted on this twice since we’ve been here with….in front of your body. They both voted it 11-1 against this rezoning. The neighbors are…have all signed on two different occasions. They think this is a terrible idea to let garages in our neighborhood be turned into living units. If this is allowed, R-3 zoning is allowed, then it would be much easier for the next person to get R-3. Mr. Shively has alluded to that. You know once there’s an R-3 then it’s pretty easy then for somebody else to get an R-3. The one thing that we keep harping on is the R-3 that is in our neighborhood was Grandfathered in. It was another structure at one point, and it was turned into apartments before it was ever…..the zoning laws were in effect. The garage that you are talking about wanting to rezone had been some kind of a little store years and years ago. But they lost that usage because it had been converted to a garage. Now Mr. Angermeier, Thomas Angermeier, did move into it and lived there until approximately six months before our last meeting that was here. He does own another house at 801 Olmstead. And I find it rather a coincidence, and it’s set up much like this one. I have a picture of it if you would like to see. Also attached to this is the list of people who have signed the second time requesting that you consider a no vote on this type of situation. You got that from the Area Plan Commission.
President John: Yes we have a list of the people in opposition as well as pictures of his….the property that’s being requested and his residence.
Larry Taylor: Uh-okay. We just think this is a terrible thing to have happen. There was even an article in the paper about neighborhood decay and one thing and another. What if we start letting single-family house….in the same area starting being converted to apartments, and we’re going to have an apartment neighborhood. The five unit….the building that is there hasn’t been nothing but a nightmare. I mean we’ve had drug raids, we’ve had meth labs, we’ve had child molesters, we’ve had sexual deviants, and people who have rented there. The police are there constantly, one call after another. And we are just afraid that if we get another apartment building with one bedroom it’s going to attract more people of that type. And I don’t have anything against tenants, I have rental property. I’ve managed rental property for over twenty-five years. But there is a different mentality between a person who rents a house and a person who rents a little one-room apartment, or a one-bedroom apartment. I don’t mean to be….I’m not talking a prejudice or anything against them. I own my own property. And that’s not my thing here. It’s we don’t want that…..converting our neighborhood to an R-3, which is strictly all apartments. And we have such a mix of people in our neighborhood. There are elderly people in their ninety’s, we have single girls, there are college girls, even Mr. Angermeier rents to a single girl going to college. And she’s a wonderful tenant. But we don’t think it’s a good idea to rent out a garage. And because the next thing then some of our other neighbors want’s to rent his garage out it’s going to be easy for him to just say: “okay, we want R-3 zonings and we can rent our garage too”. James Angermeier went into a lengthy pretty passionate collaboration on that….he thinks this is a good idea. And he told us all about he thought was….all the things he’s done to help Evansville, and I just don’t see how that this can be a good thing to help Evansville, because it will definitely ruin our neighborhood down. This is at the Area Plan he said he planned to vote yes to this, but I don’t understand why. He’s a second cousin to the petitioner, and it seems to me, there might be a little bit of a special interest there. And I don’t know if that’s quite right that he’s even voting on this. But I don’t know what the law is there. So, is there any questions that you would want of me?
President John: Would it clear up one thing. Unless he has a particular interest in it himself our rules require that he vote. So he doesn’t have an option that he can either vote yes or no but there will be no abstention.
Larry Taylor: He was just so passionate on it that last time at Area Plan….
President John: I understand.
Larry Taylor: And he has more than just a passing interest.
President John: Are there questions for Mr. Taylor? Mr. Kiefer.
Councilman Kiefer: I’d like to ask Mr. Shively another question.
President John: Let’s see if there are any questions for him? Councilman.
Councilman Angermeier: Mr. President. I think that what he made reference to….. For the period of time that I’ve been on the Council and when I was on previously I think my only intended desire was to be as compassionate, to be equal, and to treat everybody fairly as I did at Burkhardt and Lloyd. And I make reference to the building that was separate to the one a block to the west of Fares on Iowa where the man built the two story and then came before the Council and we rezoned that. And as a consequence, I’m merely saying and sure he’s a second cousin of mine. Angermeier’s have been in Vanderburgh County since 1842.
Larry Taylor: You told us that.
Councilman Angermeier: And contributed a lot. And believe it or not that’s the case. I was at the first time it was brought before the Area Plan Commission I was not present in the Area Plan Commission, the record shows that I did not vote for it because I wasn’t present. Contrary to what the attorney said for the Plan Commission, I was not there that night. I was out of town. But back to this part right here, I’m sure that there is a lot of speculator’s within the City of Evansville that are buying property up and converting them over to a maximum amount of use. Typically speaking, my point of view was that after seeing what took place at another location and at other places, it makes it very difficult, even on Eighth and Washington where they converted to a massive number of apartment developments, which never has taken place. Maybe it will never because the cost of completing the job will exceed the rental returned. And the man who got it approved and appeared before the Council, called me and said: “I can’t afford it. I’m not going to put the units in. What should I do?” And I said you got to go back to the Plan Commission. I want you to know that this type of so called occupancy and dwelling takes place on my street.
Larry Taylor: Does it?
Councilman Angermeier: And it is very improperly occupied, but I’m not going to turn the people in, and I’m not going to tell them they have done something. Maybe it was the case here. This is an opportunity I think to provide an improvement for the neighborhood. And I was out there and I visited it and I saw your place, I saw the place cat-a-corner where they converted it into five units. I just can’t make myself believe that my vote is any different than had been for other locations. I’ve endeavored to make my tenure on the Council as fair and as honestly as I can make it. By saying that, I believe that if it happened someplace else, we ought to be giving this man an opportunity whether his name is Angermeier, Jones, or Smith, or whatever it is. I don’t see the difference.
Larry Taylor: Well we don’t think that it’s right that one person should profit at the expense of the majority of the other people.
Councilman Angermeier: I’d like for you to clarify that statement, and I don’t believe that to be true. The first time I’ve ever cautioned….. I’ve ever questioned a remonstrator about a so-called decision about being equal. If you ask me, and I’ve been in the neighborhood and I looked. I think that the proposition of making that equally as attractive is in keeping with the neighborhood.
Larry Taylor: I’ve been a realtor and a broker for twenty-five years, and I can guarantee you that once apartments get into it a neighborhood the property values go down. I have right now a case of a lady, or two ladies sitting here, with their daughter living in the house that she would like to buy the house, but she will not buy the house if she thinks there is a possibility there’s going to be apartments next door. Now do you think that hasn’t hurt the value in her mind? It hurts the value in everybody’s mind.
Councilman Angermeier: Mr. President, I want to make one more comment….
President John: Lets keep it short and to the point and non-confrontational.
Councilman Angermeier: Thank you, Mr. President. I think this week is the schooling for people who have real estate license, and I have them, and I’ll see you there. Maybe we’ll raise that question about other professional people. I’m sure that the devaluation of property is predicated on the non-maintenance on the part of the property owner and maybe in some cases the undesirable tenants within the building.
Larry Taylor: That’s true.
President John: Mr. Taylor is there someone else that would like to come up and address us regarding their opposition? Thank you very much. Good evening. Would you please state your name for the record.
James Roach: My name is James Roach. I own the accountant’s office across the street, which they referred to. To me this whole thing has been gone backwards. When I originally purchased the building and the office, it was an old grocery store. Before I even purchased the building I went around and I polled the neighbors and I asked. I said: “would you mind if I built or remodeled, that building into an office for an accountant’s office?” I didn’t get one person in the neighborhood said no. They were very happy to have me remodel it. The next step, I went in and I bought the building from Mr. Bray who had the grocery store. From then, we obtained the building permits, and then we went on and remodeled it. This piece of property they started out remodeling it a couple of years ago with no building permits. Then they found out that they had to have it rezoned when someone complains. So they wanted to rezone it. So they’ve got this all half way improved with no permits to remodel it. And I feel the same as any of the other neighborhood. I may have a commercial building there, but I think it’s going to bring the value of the neighborhood down. This was years ago, and when I moved and bought the building, the back part of the building that we are talking about, this garage was you could tell was an old hardware store or something. Then it was converted into a garage with an overhead door. Now the overhead door is, gone and we want to make apartments into it. This just doesn’t make sense to me. And I would hope that you take that into consideration especially with the newspaper articles after Mr. Weinzapfel got in about your statement, Curt John. That you were going to watch the neighborhoods in other words.
President John: Well we hope we do.
James Roach: Well I think you will.
President John: Thank you. Are there any questions for Mr. Roach? Is there anyone else that would like to speak either in favor of or in opposition too this particular Ordinance? Please come forward Mr. Taylor.
Larry Taylor: Mr. Bish is here. He is the electrician who was called in by the Code Enforcement I believe? Oh, okay. So after he was caught with the non…trying to repair it without a proper permit in zoning, he was in there so he knew it was not up to code. I don’t know if you needed him to say that or not, but he did mention that to me.
President John: We won’t require anybody to come up to the podium who doesn’t want to, but anyone’s welcome to. Thank you. Are there any questions for Mr. Taylor? Mr. Shively. Councilman.
Councilman Kiefer: Thank you. Mr. Shively do you…can you tell me….what are his plans as far as….I mean does he have any prints, or any designs, or anything done on what work he’s planning on doing there to beautify that location? Is it still going to look like a garage?
Les Shively: No sir. The use and development commitment requires the completed structure be consistent in its outward appearance. It’s façade with all other single-family structures in the area. That’s in the use and development commitment.
Councilman Kiefer: So is he going to change the roofline on there?
Les Shively: Yes. Well I don’t know if he’s going to change the roofline, but he’s certainly going to complete the siding on the building and make it so that in fact it is consistant with other structures in the area. If I could let me….one of the issues that’s been raised this evening has to do with owning property in this neighborhood for profit. And the statement is basically made there’s something wrong with my client owning this property and making money. Well, let me tell you the reality of what’s going on in this immediate neighborhood, in fact with the nine properties that we were required by your Ordinance to notify regarding this rezoning. One is a business, Mr. Roach. The old Bray’s Market I used to go to as a kid on my bicycle and get penny candy. The other one is a rental property owned by four individuals who live on River Park Way. And the last time I looked River Park Way isn’t even close to this neighborhood. The other property, which is used for income purposes, is owned by some folks by the name of Major that live in Newburgh. And interesting enough there’s another piece of rental property in this neighborhood that’s owned by Mr. Taylor, and I guess an investor friend of his a Mr. Orrahood, who give as their business address for this property a PO Box in Newburgh, Indiana. Now there is something apparently improper or wrong or they don’t like the fact that my client wants to do the same thing that they are doing. Now folks, I grew up in this neighborhood, and there’s someone to talk to about the fact that it’s going downhill, or is changing or whatever. There were commercial businesses going on in that neighborhood when I was a kid and rode my bike up and down Sycamore, up and down Walnut Street, up and down Vann Avenue. As I said before there was a store, Brother’s Market, on the corner of Vann and Walnut. There was Bray’s Market less than a quarter mile away. Now, what Mr. Roach has done is marvelous. The Bray’s shut their store down. The era of the corner grocery store was over. What were they going to do with the building? It wasn’t convertible into single-family. Mr. Roach came up with a wonderful idea. Convert it into offices, and he’s done a great job, wonderful job and I applaud him. But it’s still a commercial classification. Vicki Brasel several years ago took that property up there at Lloyd Expressway, and there was a lot of opposition to that. We came in. We showed what was going to happen. And I think what Vicki’s done with that location has been great. And there is another petition for you this evening, which is going to do the same thing, convert an R-1 to a C-1 classification. This is not a pipe dream. We’ve shown that mixed uses work in this neighborhood without effecting the single-family uses that are there. And they may want to complain all they want to about the R-3 immediately across the street from this property, but the matter of the fact is it’s not a legal non-conforming despite what Mr. Taylor still won’t believe. The fact that the…..I tell my old friend on Thursday nights he’s entitled to his own opinion and his own set of facts. The facts are that’s rezoned R-3, is R-3, and it’s got five units. And most important fact is it’s been there for a number of years. Mr. Taylor still lives in the neighborhood, as these other people live in the neighborhood, hasn’t hurt them one iota. At the end of the day what you have here is a duplex situation, but the only difference being it doesn’t have a common wall. Now why should Mr. Tom Angermeier be treated any differently than anybody else who owns property in this immediate neighborhood. You are the final decision-makers on rezoning requests by design. The General Assembly put it in your hands. Because they felt the people who are elected by the people could look at the big picture. I ask you to look at the big picture this evening and approve this rezoning request. Thank you.
President John: Thank you. Did we have someone else that wanted to speak? And Mr. Shively we’ll give you an opportunity after this we’ll bring it to a vote.
Joyce Taylor: My name is Joyce Taylor, I reside at 116 south Dexter. I would like to respond to a couple of comments that Mr. Shively made. Some things that I think he may not be aware of. Firstly, when he was mentioning the odd coincidence that my husband and Mr. Orrahood own the property at 3001 Dexter, I assure you that is not a coincidence. We have a retarded daughter who shares that home with another retarded woman. We bought that house at the suggestion, if you will, at the State of Indiana who said: “we don’t want to put mentally retarded people in an institution. We want them to live in good healthy communities”. And what could be healthier than living next door to mom and dad. You know we didn’t buy it for profit. We don’t make any money on it, and our long-term goal is to make that her home when we’re gone. So it wasn’t a profit-making venture for us. It was a way to secure our handicapped daughters future. Secondly, when he was talking about the people that own the property immediately adjacent, or behind, or to the side, the three owners that lived on River Park Drive or whatever he said, well, that may be true, but here’s the truth of that instance. Those women are the aunt’s of the young lady, college student that lives there. She’s studying Law Enforcement. That’s an odd coincidence. And yes, they do own that home, and yes she would like to purchase it and continue living there, but with this year after year threat of it turning into something other than a single-family dwelling she’s reluctant to do that. And they are reluctant to continue to hold onto the property. There is nothing good that could come out of this except to profit Mr. Angermeier. And profit is a wonderful thing, and I solute capitalism every day. But I also salute single-family dwellings. And to Mr. James Angermeier, I appreciate all his comments and his compassion for homeowners and wanting to make the highest use out of property. That’s a very fine and noble endeavor. I would ask him to have compassion for my daughter and make sure that her neighborhood is safe and secure for her. Mr. Angermeier has another residence. It’s not like he’s going to live there. It is a garage, it was a garage, it still looks like a garage. And as far as we know, the only change they are going to make is to tack on some siding over that black tar paper. So whether or not it looks right or not, is not the issue. The issue is we are changing the complexion of a single-family neighborhood, and I plead that you do not do that. Thank you.
President John: Are there any questions for Mrs. Taylor. Counselor did you have anything else you wanted to bring up to conclude this matter?
Les Shively: The fact of the matter is the comment was made about non-owner occupied. And I think that question has been answered here this evening. The reason the structure has not been completed is because there’s nothing more can be done until we resolve this particular matter. Mr. Angermeier contacted his neighbors, I contacted his neighbors on his behalf wanting input.
Wanting input on the use and development commitment. Received no input. There’s a way to do a duplex type, and this is what this is, a duplex, a two-dwelling unit situation on his property that will be in harmony. It’s done every day. And we are doing the best we can with the input we have. And all we hear is drugs, child molesters. They have even admitted the one tenant that’s in the one building right now that’s living there is a good resident, a good asset to the neighborhood. You know this is a mixed use. It’s been a mixed use for years. And nothing if this rezoning is approved, nothings going to change except for the fact that we’ll have a piece of property made more productive. Someone else can live and enjoy this community and it will generate additional tax revenue in its completed form. And it’s not inconsistent with anything that is there right now. Thank you.
President John: I saw someone stand up. I don’t mean to cut anyone off so we’ll give you and opportunity. We can go back and forth like this all night so lets make sure that something new….
Joyce Logsdon: No I just want to clarify some things. I’m the current resident of 8317 River Park Way. I am part owner of the house next door, 117 South Dexter, where my niece lives.
President John: Would you give your name?
Joyce Logsdon: Joyce Logsdon. I am part owner along with my sisters. My father passed away three years ago. We kept the house for the sole purpose of my niece living there while she’s going through college. We are all helping, we’re not profiting at all. She’s paying absolutely nothing. So if you want to look at it in dollars and cents we’re losing. But she would like to buy the house, but she doesn’t want this hanging over her head constantly. It’s a nice neighborhood. This has come before the Area Plan Commission three times. It was voted down. I just don’t understand why we have to get this far and continually fight, and fight, and fight.
President John: Well, they are allowed on an annual basis.
Joyce Logsdon: I understand that.
President John: They are required to wait a year and they can bring it back and this could go on for quite some time.
Joyce Logsdon: Yes.
President John: Thank you very much.
Joyce Logsdon: Okay, thank you.
President John: Now, thank you. At this time the Chair would entertain a motion.
Councilman Bagbey moved and Councilman Watts seconded the motion to adopt Ordinance R-2003-26 and call the roll.
ROLL CALL:
Nays: Kniese,
Bagbey: For the record Mr. Hamilton this is a prime example of what I was talking about in the meeting that we may have on Friday with Area Plan. I vote nay.
Melcher, Koehler Walden, Watts, Kiefer, John.
Ayes: Angermeier: Mr. President, one more comment.
President John: You are entitled to that before you vote.
Angermeier: I think that for probably for fifty years I’ve worked my fanny off converting property over. And I dare anyone to look in the neighborhood and see the difference between the property that I own and maintain, put forth the effort. And if it were not profitable I wouldn’t have them. But I worked my fanny off on it and I see nothing wrong with it. I think it’s a major contribution. It faces the highway and probably sometime or another it will be purchased or else it will go by the wayside, in light of the fact that he is an Angermeier. I’ve been in the property, I’ve looked at it, and I think it’s an incredible building and I think he has every intention of making it a beautiful residence for the people. And in light of the fact that the vote was taken that that property that we talked about awhile ago, that man built a two-story building and never took out a building permit until after he filed for the change of the zoning. And the Members of the Council voted for it….voted for it. And with that I’m voting yes.
Absent: Robinson
There being seven (7) nays and one (1) aye, Ordinance R-2003-26 is hereby declared DENIED.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES
ORDINANCE R-2003-32 FROM APC C-1 TO C-4
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 1012, 1016, & 1020 NORTH MAIN STREET
PETITIONER: EVERETT BAYLOR
President John: For the record I would like to once again reinterate that Ordinance R-2003-31 is held until December 22nd at 6:30. With that we will go to Ordinance R-2003-32. Counselor.
Les Shively: Mr. President, Members of the City Council my name is Les Shively representing the petitioner and owners. This property…. want to start photographs with Councilman Watts. This is the old Adams Office Machine property on north Main right across from Hardee’s. This request is being sought to allow Baylor Heating and Air Conditioning to relocate their headquarters to this location. The building is currently abandoned. Unfortunately the way our code is written this type of business needs a C-4, and that’s a C-2 classification. Don’t ask me why. I would note that we will have to go around the back there for the storage, outside storage area and put up the proper screening. But I think it’s a great rezoning request. It’s a business that’s expanding and not just expanding by building a new building taking an existing an existing area in the near downtown. I think it’s a win-win proposition and the Plan Commission saw it that way too. More than happy to answer any questions you have at this time. Mr. Baylor is here this evening as well.
President John: Are there any questions for Mr. Shively? Is there anyone in the audience to speak in favor of or in opposition to this Ordinance? If not, we’d entertain a motion.
President John: We have a motion by Councilman Watts seconded by Bagbey. Before we get into a vote Councilman Melcher have you had any contact…..you started to say something.
Councilman Melcher: I was just going to say I haven’t had any calls or anything for this. I know the property has been up for sale and for zoning and we knew somebody would come along. And as far as I know this is going to be good. Somebody beat me to the motion.
Councilman Watts moved and Councilman Bagbey seconded the motion to adopt Ordinance R-2003-32 and call the roll.
ROLL CALL:
Ayes: Kniese, Bagbey, Melcher, Koehler Walden, Watts, Angermeier, Kiefer, John.
Absent: Robinson
There being eight (8) ayes and zero (0) nays, Ordinance R-2003-32 is hereby declared ADOPTED.
ORDINANCE R-2003-33 FROM APC R-1 TO C-1 W/U&D
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS
15 – 17 VANN AVENUE
PETITIONER: STACY J. STEVENS
Marco DeLucio: Good evening. My name is Marco DeLucio, I’m here on behalf this evening of Stacy Stevens for the rezoning of 15 and 17 Vann Avenue. As was noted earlier in the evening this was approved, the request was approved by the Area Plan Commission unanimously at the meeting two weeks ago. I’m passing around, I think Stacy handed on this side, some photographs of this site. I apologize I had some covers….photographs earlier and weren’t able to make them. But I would point out a couple of things. This property has been vacant for about a year now. It’s been on the market for sale. There hasn’t been any interest from a residential standpoint. Stacy….and we think that’s primarily because of the busy location of where this property is near the corner of Vann and the Lloyd Expressway one of the busiest intersections in the City. Stacy is proposing to remove the existing structure here. There’s also a garage that’s going to be taken down and going to construct a professional office building for a real estate business and other related type business. It’s going to be just a small office. Probably similar to Vicki Brasel’s office there at the corner. She is planning on keeping….there are some trees that are along the south side of the property. She is going to keep those trees standing. And in the materials I passed out to you this evening, she has a letter from an adjacent property owner, which is to the west of this property, that indicates her support. And I’ve underlined that particular section of the letter for you. I think that’s fairly unusual that you do get support from the neighbors on a request like this. Stacy also has been out at the property and offered to meet with the neighbors and has met several neighbors out there to explain what the project is. And I don’t think there’s been any opposition that we are aware of from the neighborhood to this. So with that Stacy’s here to answer any particular questions you may have. And we would ask for your approval of her request this evening.
President John: Thank you. Are there any questions for Marco?
Councilman Angermeier: The only statement I want to make is that young lady called me and talked to me about that. And I drove by twice within the last three days. And I said I’d be in favor of it and support it, and I think it’s a good development. Thank you young lady for calling.
President John: Thank you. Any other questions for Marco. Councilman.
Councilman Bagbey: Years ago when Vicki Brasel zoned…. went before Area Plan there was a concern with Evansville Youth Baseball. And they were concerned about the increase of traffic on Vann Avenue at the Lloyd Expressway. There were some reservations by some neighbors also in the neighborhood at that time. Over the years Ms. Brasel’s facility has been a very plus for that area. And it’s a prime example how a commercial node can work in a residential area that’s deteriorating. The Evansville Youth Baseball has no concerns at all about this coming in. But this is also a prime example that we wish now that we could have zoned both parcels together, okay. Because there are neighbors in the area that wished no more encroachment going south on Vann Avenue. And I think that this development will enhance that, and I complement you for that, Mrs. Stevens. And I definitely will support. Thank you.
President John: Thank you. Any other questions for Marco? Is there anyone in the audience that would like to speak in favor of or in opposition to this particular Ordinance? If not we’d entertain a motion.
Councilman Angermeier moved and Councilman Melcher seconded the motion to adopt Ordinance R-2003-33 and call the roll.
ROLL CALL:
Ayes: Kniese: This property is in my ward and I’ve received no calls of opposition. I have talked with Mrs. Stevens and some other people. So with that I vote aye. Bagbey, Melcher, Koehler Walden, Watts, Angermeier, Kiefer, John.
Absent: Robinson
There being eight (8) ayes and zero (0) nays, Ordinance R-2003-33 is hereby declared ADOPTED.
CONSENT AGENDA
SECOND READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE G-2003-27 (as amended) PUBLIC WORKS BAGBEY
AN ORDINANCE TO VACATE CERTAIN PUBLIC WAYS OR PUBLIC PLACES WITHIN THE CITY OF EVANSVILLE, INDIANA, COMMONLY KNOWN AS A PORTION OF THE PUBLIC ALLEY SOUTHWEST OF NINTH STREET AND BETWEEN COURT AND VINE STREETS
ORDINANCE F-2003-20 FINANCE (ROBINSON) JOHN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AUTHORIZING APPROPRIATION OF FUNDS WITHIN A CITY DEPARTMENT
COMMITTEE REPORTS:
PUBLIC WORKS CHAIRMAN COUNCILMAN BAGBEY
G-2003-27 as amended, will be heard on December 1st at 6:10.
FINANCE CHAIRWOMAN ROBINSON:
President John: In her absence I conducted the Finance Committee meeting and this Ordinance comes forward with a do-pass recommendation by all Members present.
Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt the Committee Reports and move this Ordinance to Third Reading. Voice vote. So ordered.
There being no further motions, this Ordinance is hereby moved to Third Reading.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES:
ORDINANCE F-2003-20 FINANCE (ROBINSON) JOHN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AUTHORIZING APPROPRIATION OF FUNDS WITHIN A CITY DEPARTMENT
Councilman Melcher moved and Councilman Kniese seconded the motion to adopt
Ordinance F-2003-20 and call the roll.
ROLL CALL:
Ayes: Kniese, Bagbey, Melcher, Koehler Walden, Watts, Angermeier, Kiefer, John.
Absent: Robinson.
There being eight (8) ayes and zero (0) nays, Ordinance F-2003-20 is hereby declared ADOPTED.
MISCELLANEOUS BUSINESS
President John: Miscellaneous Business, does any Council Member have an item under miscellaneous. Councilman.
Councilman Bagbey: To remind especially those Councilmen-at-Large we have a public hearing on citizen input on the Pollack and Vann out fall on Southeast Boulevard project on Wednesday, December 19th at 6:30 to 8:30 at Dexter School.
President John: Thank you.
Councilman Bagbey: Those who remember newspaper article of 1996, which later led to the Storm Water Master Plan in ’97, it was very important that the people responded. Thank you.
President John: Thank you. Any other matter under Miscellaneous Business? If not we will go to Committee Reports. Finance Chairman.
FINANCE COMMITTEE CHAIRMAN ROBINSON:
President John: On November 24th, 6 p.m. we will hear Ordinance F-2003-21. And at 5:50 Ordinance F-2003-22.
ASD CHAIRMAN ANGERMEIER:
President John: ASD, there is nothing at this time set.
PUBLIC WORKS CHAIRMAN BAGBEY:
President John: In Public Works you have one matter set for the first.
Councilman Bagbey: That is correct. Ordinance G-2003-27, as amended.
ADJOURNMENT:
Councilman Bagbey moved and Councilman Kniese seconded the motion to adjourn. Voice Vote. So Ordered. Meeting adjourned at 7:30 p.m.
PRESIDING OFFICER
CITY CLERK