CITY COUNCIL MINUTES
MAY 17, 2004
The Honorable Council of the City of Evansville met on regular session at 5:30 p.m. on Monday, January 12, 2004 in the City Council Chambers, Room 301 Civic Center Complex, Evansville, Indiana with Vice President Watts 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:
Absent: Bagbey, Robinson.
There being seven (7) members present and two (2) members absent and seven (7) members representing a quorum, the President declared this session of the Common Council officially opened.
PLEDGE OF ALLEGIANCE
Councilman John led the pledge of allegiance this evening.
COUNCIL ATTORNEY
John Hamilton is Council Attorney this evening.
RECOGNITION OF SCHOOLS
TEEN ADVISORY COUNCIL
SERGEANT AT ARMS
This evening Officer Reed is our Sergeant at Arms.
READING AND AMENDMENT OF MINUTES
Is there a motion to approve the minutes of the May 10, 2004 meeting of the Common Council as written?
Councilman John moved and Councilman Kniese seconded the motion that the minutes of the meeting of the Common Council held May 10, 2004 be approved as written. Voice vote. So ordered.
REPORTS AND COMMUNICATIONS
IN YOUR MAY 14TH PACKET:
*Minutes of May 10, 2004 City Council Meeting.
*Agenda for May 17, 2004 City Council Meeting.
*Committee Meeting Schedule.
*Area Plan Commission Staff Reports.
*Area Plan Commission Minutes from May 5, 2004 Meeting.
*Ordinance F-2004-7, F-2004-8, G-2004-7, R-2004-19, R-2004-20, R-2004-21 and Amended Ordinance R-2004-14.
*Agenda for May 18, 2004 Redevelopment Commission.
*Agenda for May 20, 2004 Board of Zoning Appeals.
*State of Indiana Wastewater Revolving Loan Program.
*Notice of Traveling City Hall Program.
*Evansville Redevelopment Commission Draft Agenda for May 18, 2004 meeting.
*Inter-department Vacation Studies and Return Receipts regarding Ordinance G-2004-6.
ON YOUR DESK THIS EVENING:
*Notice of City/County Unification Study Meeting for May 19, 2004.
*Report from Weights and Measures.
*Two Notices of Claim against the City of Evansville.
Is there a motion to receive, file, and make these reports and communications a part of the Minutes of the meeting?
Councilwoman Walden moved and Councilman Kniese 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 ORDINANCE OR RESOLUTIONS
ORDINANCE G-2004-7 FINANCE JOHN
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWAGE WORKS REVENUE BONDS OF THE CITY OF EVANSVILLE, INDIANA AND ISSUANCE OF NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS; PRESCRIBING THE FORM AND OTHER DETAILS OF THE BONDS; PROVIDING FOR THE COLLECTION AND DISPOSITION OF THE REVENUES TO BE DERIVED FROM ITS SEWERAGE SYSTEM; MAKING OTHER PROVISIONS WITH RESPECT TO THE OPERATION OF THE SYSTEM AND THE ISSUANCE AND SALE OF THE BONDS AND NOTES; AND PROVIDING FOR THE SECURITY AND PAYMENT OF THE BONDS AND NOTES; OTHER MATTERS CONNECTED THEREWITH, AND REPEALING ORDINANCES INCONSISTENT HEREWITH
ORDINANCE F-2004-7 FINANCE JOHN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AUTHORIZING ADDITIONAL APPROPIATIONS AND REPEAL AND RE-APPROPRIATION OF FUNDS FROM VARIOUS CITY FUNDS
ORDINANCE F-2004-8 FINANCE JOHN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE AMENDING THE SEWER RATES AND CHARGES
ORDINANCE R-2004-19 TO APC C-1 to R-2
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3127 EMERSON STREET.
PETITIONER: JAMES MAURER
OWNER: DORIS J. BANTE
REP: JAMES MAURER
DISTRICT: B.J. WATTS, WARD 6
ORDINANCE R-2004-20 TO APC C-1, C-4, M-1, R-4 to C-4
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 401-421 MARY STREET AND 400-420 HARRIET STREET.
PETITIONER: DEACONESS HOSPITAL BY:C.L. BERNEKING
OWNER: SAME
REP: KENT A. BRASSEALE II, ESQ.
DISTRICT: STEPHEN MELCHER, WARD 3
ORDINANCE R-2004-21 TO APC C-1, R-2 to R-5
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 407-417 EAST WALNUT STREET.
PETITIONER: REVEREND ADRIAN M. BROOKS
OWNER: MEMORIAL COMMUNITY DEVELOPMENT CORPORATION
REP: KRISTA B. LOCKYEAR
DISTRICT: CONNIE ROBINSON, WARD 4
Is there a motion to adopt the Consent Agenda as written?
Councilman Melcher moved and Councilman Jarboe seconded the motion to adopt the Consent Agenda as written. Voice vote. So ordered.
CONSENT AGENDA
SECOND READING OF ZONING ORDINANCES
ORDINANCE R-2004-11 FROM APC C-4, M-3, R-3 & R-1 TO R-4
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3501, 3601, UPPER MT. VERNON ROAD AND 3400 W. MARYLAND ST.
PETITIONER: BRICKYARD DEVELOPMENT ASSOCIATES, LLC
OWNER: ROY A. MARX, JR.
REP: JERRY A. ATKINSON
DISTRICT: B.J. WATTS, WARD 6
This petition was recommended by Area Plan Commission for approval, having 11 affirmative votes.
ORDINANCE R-2004-16 FROM APC R-1 TO C-4 w/U&D Comm.
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 29 & 31 DOROTHY DRIVE
PETITIONER: DENNIS V. OWENS
OWNER: SAME
REP: BART MUELLER
DISTRICT: B.J. WATTS, WARD 6
This petition was recommended by Area Plan Commission for approval, having 11 affirmative votes.
Is there a motion to adopt the Consent Agenda Second Reading of Zoning Ordinances and to accept the Area Plan Commission Report?
Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt the Committee Report and move these Zoning Ordinances to Third Reading. Voice vote. So ordered.
Council now stands at Third Reading of Zoning Ordinances which is final Action.
REGULAR AGENDA
THRID READING OF ZONING ORDINANCES
ORDINANCE R-2004-11 FROM APC C-4, M-3, R-3 & R-1 TO R-4
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3501, 3601, UPPER MT. VERNON ROAD AND 3400 W. MARYLAND ST.
PETITIONER: BRICKYARD DEVELOPMENT ASSOCIATES, LLC
Atkinson: Good afternoon. My name is Jerry Atkinson. I represent Brickyard Development Associates, LLC, and for this petition Roy A. Marks Jr. This is a petition to rezone the land that is not outlined in yellow on the map to a consistent zoning use of R-4 to support multi-family residential housing. The real estate is currently a hodge-podge of zonings. There is a C-4 section, an M-3 section, and an R-3 section. When this petition was originally filed there was some confusion with regard to the inclusion of an R-1 section. There had been a trade of real estate that did have access to Maryland Street for real estate that did not have access to Maryland Street. So there would be no access to Maryland Street, and that parcel was an R-1 parcel. I’ve prepared a sketch. I had more of them at the Plan Commission, but we didn’t get them all back. I have a sketch showing existing zonings. There has been a redesign of the intended development. Originally the concept was that there would be several apartment buildings constructed all at the same time on this 17.3-acre tract of land. The developer has changed direction since the petition was filed. They have met a couple of times with neighbors, and have had meetings to discuss what the neighbors had as far as feelings and concerns. They have decided to build on this site an expandable condominium project. The initial section, the first section, will have about thirty units. They will be single story buildings. The units will sell for approximately $125,000 on up. If there is demand for larger units in subsequent sections of the expandable condominium, that will be addressed and there could be larger units. Each of the buildings will have an enclosed garage. This is particularly desirable by seniors, and there will be an attempt to market this to seniors. It is possible that if the demand exists for it, there would be two-story town-house condominium units built further into the interior of the property. The first, as you see this come around, will largely correspond with the Green C-4 indication. I have a conceptual site plan. This is not the actual footprint of proposed buildings, but it shows the layout of the intended project and the adjacent Brickyard Apartments. The condominium development will be built to reflect the architectural styling of the existing Brickyard Apartments. The plan that you are looking at originally was a plan of the footprint and the parking for the apartment project. The actual condominium buildings may be in a different orientation. The parking requirement is literally cut in half because there will be half as many spaces to be occupied by people because there won’t be, initially at least, two-story buildings. This will not be used for student housing. There will be a prohibition contained in the by-laws, the restrictions within the by-laws of the condominium itself. There will be a prohibition against subletting the property, and the goal there is to protect all of the residents from some runaway use of the units that might be harmful to the neighborhood. We think that we’ve met all of the concerns and objections of the neighbors. We think that this is the best possible use for this land. It was a former quarry. Someone in the excavation business then stripped a lot of the land away. I have photographs to show you. If I may, on the first board the view is south across the street from the entrance to the Brickyard Apartments. The existing Brickyard Apartments are within the Yellow Outline on the diagram, and the view on the top is what you will see if you are looking directly south across the street. There will a common entrance for the Brickyard Apartments and the condominium development. Also, the second level would be a view to the southeast and to the west of the property, and then there is the entrance and it shows the actual Brickyard Office. If you look way back in the background you will able to see the Brickyard Apartments across the subject property. The photographs on the second board are taken from within the property itself. It shows the existing the lake. There is a view showing the apartments from where condominiums would be built looking across the lake. There is a view of the brickyard looking east from the property, southeast actually. There is a view north, and you’ll see the wooded area that’s a buffer between both the residents north of this development site and, on the first board, east of the development site. As I’ve indicated to you a portion of the real estate that we seek to rezone tonight is currently C-4 that permits use for a tire-retredding operation, an excavation contractor, or truck and trailer repair. Other portions, that is the Orange Portion that shows up on the sketch that we sent around, can be used for use groups 13, 14, 15, and 16 and would permit petroleum storage, a livery stable, heavy machinery repair, or the manufacturer of cement, acid, chemicals, explosives, or fertilizers. It would support a coal refinery, a garbage reduction plant, a metals melting operation, a petroleum refinery, and many other uses. Those are just some of those that are inconsistent, I think, with the area and with the residential use both by the Brickyard Apartments in the R-1 and to the east and the north. We think this is a very good development. It is a very good use for the land. The representatives of the owner and the developer and the engineer are all here to answer any questions that you might have. I too would answer questions if you have any.
Watts: Are there any members of council that have questions?
Kniese: Thank you. Has there been any change to this development’s design since the May 12 Area Plan Commission Meeting?
Atkinson: None what so ever. At that Area Plan Commission Meeting I think everybody liked the proposed land use, and we hope you like it also.
Watts: Any other questions? Would any one in the audience like to speak either for or against this ordinance? Yes, sir. Please state your name and an address for the record.
Enlow: Mark Enlow, 3418 West Maryland. My brother and I own the upper half of that Yellow. I would really like to see this go in. I’ve worked with Marlin Goebel on this. At one point when, I believe Harvey Klink had it, he was going to come in and take my hill down and pretended to own my land. It was a nightmare until Marlin got into it. My brother and I went and looked at some of things that he has developed in the City, and I would really like to see it come in my back yard instead of the dirt pile that it is there right now. That’s all I have to say.
Padgett: I’m Fred Padgett, and I live at 2345 Skyline Drive. I represent the West Side Improvement Association. We’ve also worked with the developer on at least one other project, Hickory Lake out on Middle Mt. Vernon Road. It was handled well. There is work to be done yet, but that’s progressing. We thank him and congratulate him, I guess, for meeting with the neighbors as many times as he has to try to satisfy any of the concerns that they have had. This area, as Mr. Atkinson pointed out, is a mixed zoning currently and represents an area that could have some owners projects put into it if the owners of the land decided to do so. Our main concern with this is really not one of the developers responsibilities, I don’t think. But it is the five-point intersection that you can see where Upper Mt. Vernon, Mt. Vernon Avenue, Hogue Road, and Tekopple come together. Our concern is not so much with the condominiums that are being talked about right now, but the area already is quite congested at certain periods of time. Tekopple School is just down the road from there. And with the Kohl’s potentially going in out at Carpenter Pavilion along with the Super Wal-Mart, which on the other side of the Lloyd, and with the Route 62 upgrades, that area is going to become much more congested, I think, quite fast. We do have a concern with that and we wanted to express that. We don’t feel that is a developers concern. As I say we’ve worked with the developer. This area represents, what I would look at as, good in-fill development for the City and for the area. We’re supportive of the project. Thank you.
Watts: Thanks Fred. Is there any one else?
Atkinson: Thank you very much.
Is there a motion to adopt Ordinance R-2004-11 and call the roll?
ROLL CALL:
Ayes: Kniese, Melcher, Koehler Walden, Watts, Jarboe, John, Kiefer.
There being seven (7) ayes and zero (0) nays, Ordinance R-2004-11, is hereby declared ADOPTED.
CONSENT AGENDA
THIRD READING OF ZONING ORDINANCES
ORDINANCE R-2004-16 FROM APC R-1 TO C-4 w/U&D Comm.
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 29 & 31 DOROTHY DRIVE
PETITIONER: DENNIS V. OWENS
Watts: I don’t see Dennis. Is there someone here to represent him? Is there anyone else here to speak on Ordinance R-2004-16?
Padgett: I’m Fred Padgett with the West Side Improvement Association. Number one, I’m not here to represent Dennis Owens, but number two at the Area Planning Commission on May 12 we spoke in support of the rezoning of the two lots that he is talking about. From our perspective we have no objections to the rezoning. Thank you.
Watts: John, can we just hold this and continue on with the meeting?
Hamilton: You can wait until the end of the meeting and then continue it until next week.
Watts: Is there anyone else to speak on Ordinance R-2004-16 before I move on?
(See Page 9).
CONSENT AGENDA
SECOND READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE G-2004-6 PUBLIC WORKS MELCHER
A VERIFIED PETITION FOR VACATION OF THE SOUTHWESTERLY 214.5 FEET OF THE 12 FOOT ALLEY IN THE BLOCK BOUNDED BY WEST EIGHTH STREET, MARTIN LUTHER KING, JR. BLVD, CHERRY STREET AND CHESTNUT STREET
COMMITTEE REPORTS:
PUBLIC WORKS: COUNCILMAN MELCHER
Watts: Committee Reports Councilman Melcher.
Melcher: Mr. President your Committee met earlier this evening and we’ve held this till next week. It will be heard at 5:00 p.m. on May 24, 2004.
RESOLUTION DOCKET
RESOLUTION C-2004-23 (DOCKET) MELCHER
A RESOLUTION RECOGNIZING MAY AS NATIONAL BIKE MONTH
Watts: Councilman Melcher.
Melcher: Yes, we didn’t file this last week because we had five resolutions last week. So, we held it off until this week. I would like to read into the record. Whereas, the City Council is aware that May is National Bike month; and whereas, the bicycle is an environmentally sound form of quality family recreation, exercise, and transportation; and whereas, many citizens of Evansville experience the joy of bicycling through educational events, community events, helmet promotions and safety awareness, and charity rides; and whereas, Bicycle clubs, schools, companies, and civic groups throughout the nation will be promoting bicycling during the month of May; and whereas, May has been declared National Bike Month for more than forty years; and whereas, the media can educate the public about bicycle safety by providing tips about bicycle safety to both bicyclists and motorists. Now therefore, be it resolved that: The City Council recognizes May as National Bike Month; the City Council encourages all citizens of the Evansville Community who support bicycling to participate in National Bike Month events. We’ve done this in the past a few times, and as you know, school is going to be letting out and a lot of children will be out riding bicycles. What is going to happen is there will be a lot more bicycles out on the street than what we normally have. If you read the paper this morning, there was already an article in there about bicycling today. It will become really big this summer with the Greenway being completed a little more. This is something I think we really need to look at. We do have some safety guides here if anybody wants to pick some up after the Council. For anybody in the audience we have some in the back, and if you run out we’ve got some here. I would just like the Council’s support. This is National Bike Month and we need to be watching out for the youngsters and the adults that ride them.
Watts: Thank you. Any one on Council have questions, comments? Any one in the audience? Is there a motion to adopt Resolution C-2004-23?
Councilman Kiefer moved and Councilman Jarboe seconded the motion to adopt Resolution C-2004-23. Voice Vote. So Ordered.
MISCELLANEOUS BUSINESS
COMMITTEE REPORTS:
FINANCE CHAIRMAN___________________________________________________JOHN
John: Mr. President we have three hearings set on our agenda this evening. We have one set for May 24, 2004 on Ordinance F-2004-7, but I also have a memo from the Controller’s Office saying that she’d like that set for June 7, 2004 at 5:20 p.m. We also have for next week, May 24, 2004, Ordinance G-2004-7 set at 5:10 p.m. and Ordinance F-2004-8 set at 5:20 p.m.
ASD CHAIRWOMAN_______________________________________________ ROBINSON
Watts: ASD Chairwoman has nothing scheduled at this time.
PUBLIC WORKS CHAIRMAN______________________________________ MELCHER
Melcher: Mr. President as you have already hear twice tonight, and for the third time, we are going to hear Ordinance G-2004-6 at 5:00 p.m. on May 24, 2004.
ROLL CALL:
Ayes: Kniese, Melcher, Koehler Walden, Watts, Jarboe, John, Kiefer.
There being seven (7) ayes and zero (0) nays, Ordinance R-2004-16, is hereby declared ADOPTED.
ADJOURNMENT:
Councilman Melcher moved and Councilman John seconded the motion to adjourn. Voice Vote. So Ordered. Meeting adjourned at 6:10 p.m.
PRESIDING OFFICER
CITY CLERK