CITY COUNCIL MINUTES

MAY 19, 2003

 

The Honorable Council of the City of Evansville met on regular session at 6:30 pm on Monday, May 19, 2003 in the City Council Chambers, Room 301 Civic Center Complex, Evansville, Indiana with President Robinson, 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, John.

Absent:             Robinson, Angermeier, Kiefer.

 

There being six (6) members present and three (3) members absent and six (6) members representing a quorum, the President declared this session of the Common Council officially opened.

 

PLEDGE OF ALLEGIANCE

Councilman Bagbey led the pledge of allegiance this evening.

 

COUNCIL ATTORNEY

John Hamilton is Council Attorney this evening.

 

READING AND AMENDMENT OF MINUTES OF PRECEDING MEETING

Is there a motion to approve the minutes of the May 12, 2003 meetings of the Common Council as written?

 

Councilman Melcher moved and Councilman Kniese seconded the motion that the minutes of the regular meeting of the Common Council held May 12, 2003 be approved as written.  Voice vote.  So ordered.

 

REPORTS AND COMMUNICATIONS

IN YOUR MAY 16TH PACKET:

*Agenda for the May 19, 2003 City Council meeting.

*Committee Meeting Schedule.

*Minutes of City Council Meetings held May 12, 2003.

*Rezoning Ordinances R-2003-7 as amended.

*Minutes from Area Plan Commission Meeting held May 7, 2003.

*Area Plan Commission Staff Reports.

*Rezoning Ordinance R-2003-23.

*Resolutions C-2003-13 and C-2003-14.

*Inter-department vacation studies and return receipts for G-2003-14.

*A memo from Joe Kiefer regarding Chamber of Commerce Resolution.

*Evansville Redevelopment Commission draft agenda for May 20, 2003 meeting.

  

ON YOUR DESK THIS EVENING:

*Report from Weights and Measures.

*Revised Agenda and Extended Agenda for tonight’s meeting. (Adding Rezoning

  Ordinance R-2003-16 to second and third reading).

*AMR 911 Call Summary for April 2003.

*A letter from the Chief of Police David Gulledge regarding Ordinance F-2003-9.

*A Notice of Claim against the City.

*A Press Release regarding Evansville’s Mesker Park Zoo.

*A Notice of Employee Health and Fitness Day.

 

Councilman Melcher 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 ORDINANCES OR RESOLUTIONS

ORDINANCE R-2003-23   TO APC                                                                         R-2 TO R-5

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 501-519 E. WALNUT, 407 S. GARVIN

PETITIONER:            MEMORIAL COMMUNITY DEVELOPMENT CORPORATION

OWNER:                     SAME BY: ADRIAN M. BROOKS             

REP:                            KRISTA B. LOCKYEAR

DISTRICT:                  CONNIE ROBINSON, WARD 4

 

Councilman Melcher moved and Councilman Walden seconded the motion to adopt the Consent Agenda as written.  Voice vote.  So ordered.

 

CONSENT AGENDA

SECOND READING OF ORDINANCES OR RESOLUTIONS      

ORDINANCE R-2003-10   FROM APC                                                                    R-3 TO R-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3417 OAK HILL ROAD

PETITIONER:            O. W. KATTMANN, JR.

DISTRICT:                  ANGELA KOEHLER WALDEN, WARD 5

 

This petition was approved, having 11 affirmative votes.

 

ORDINANCE R-2003-11            FROM APC                                                                          C-4 TO R-2

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 433 ENLOW AVENUE

PETITIONER:            VIRGIL J. JOST

DISTRICT:                  STEPHEN MELCHER, WARD 3

 

This petition was approved, having 11 affirmative votes.

 

ORDINANCE R-2003-12   FROM APC                                                                  C-3 TO C-4

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 101 SOUTHEAST SIXTH STREET

PETITIONER:            D-PATRICK, INC.

OWNER:                     O’DANIEL-RAINES, INC.

REP:                            BRIAN K. CARROLL, ESQ.

DISTRICT:                  CONSTANCE ROBINSON, WARD 4

 

This petition was approved, having 11 affirmative votes.

 

ORDINANCE R-2003-14   FROM APC                                                               R-2 TO CO-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 2179 EAST MORGAN AVENUE

PETITIONER:            DEREK A. CLUCK

OWNER:                     MARILYN I. JOHNSON

DISTRICT:                  STEPHEN MELCHER, WARD 3

 

This petition was approved, having 11 affirmative votes.

 

ORDINANCE R-2003-15   FROM 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 1515-1517 CULVER DRIVE

PETITIONER:            BRIAN L. & DARREL J. STRAUB

REP:                            STEVEN L. BOHLEBER

DISTRICT:                  CONNIE ROBINSON, WARD 4

 

This petition was approved, having 10 affirmative votes and 1 abstention.

 

ORDINANCE R-2003-16   FROM APC                                                       CO-2, C-2 TO C-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 5151 MONROE AVENUE

PETITIONER:            LANDMARK DESIGN & ENG. INC.

OWNER:                     DILIP D. PATEL

REP:                            DAVID E. TRUE

DISTRICT:                  JEFF KNIESE, WARD 1

 

This petition was approved, having 11 affirmative votes.

 

Councilman Melcher moved and Councilman Kniese seconded the motion to adopt the Area Plan Commission Reports.  Voice vote.  So ordered.

 

Council now stands at Third Reading of Zoning Ordinances, which is final action.

 

President John: Now, before we get into them, I would like to explain there are only six (6) Members present this evening.  It takes a total of five (5) votes for your petition to pass.  It doesn’t take a four (4) vote it takes a five (5), a majority of five (5) since there are nine (9) Council Members.  Them being absent has nothing to do with the vote.  So, if you feel uncomfortable with your position and the vote this evening you are entitled to ask that your petition be put off until our next meeting.  However, if you would like to go forward we will hear these tonight.  And I would state for the record…I don’t know how the Members of Council will vote, but all but one had eleven (11) affirmative votes, no negative votes at Area Plan Commission.  The other one had ten (10) affirmative votes and one (1) abstention.  So, it doesn’t seem as though there is a lot of remonstrance’s on these that are being presented to today but that doesn’t mean there’s not going to be tonight.  So, you go forward at your own peril.

 

REGULAR AGENDA

THIRD READING OF ZONING ORDINANCES OR RESOLUTIONS:

ORDINANCE R-2003-10   FROM APC                                                                    R-3 TO R-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3417 OAK HILL ROAD

PETITIONER:            O. W. KATTMANN, JR.

 

Jim Morley: My name is Jim Morley I’ll stand in for Bill.  He called me a few minutes ago and he said: “I can’t get back in town in time”, so this property is being down zoned from his condominium project in order to transfer to a private property owner along there so that the zoning is equivalent.

 

President John: Are there questions by Members of Council?  Is there anyone in the audience that would like to speak in favor of or in opposition to Ordinance R-2003-10?  If not the Chair would entertain a motion.

 

Councilwoman Walden moved and Councilman Melcher seconded the motion to adopt

Ordinance R-2003-10 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:             Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Ordinance R-2003-10 is hereby declared ADOPTED.

 

REGULAR AGENDA

THIRD READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE R-2003-11            FROM APC                                                                          C-4 TO R-2

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 433 ENLOW AVENUE

PETITIONER:            VIRGIL J. JOST

 

Barry Schweitzberger: I’m Barry Schweitzberger and I’m representing Mr. Jost and we want to upgrade this property so it can be bought as real estate.

 

President John: For… it appears to be for a duplex.

 

Barry Schweitzberger: No, it’s just for a house, one house.

 

Clerk Matlock: Could he state his name again a little slower?

 

Barry Schweitzberger: Barry Schweitzberger.

 

President John: Thank you.  Are there questions by Members of Council?  Is there anyone in the audience that would like to speak in favor or in opposition to this request?

 

Councilman Melcher moved and Councilman Watts seconded the motion to adopt Ordinance R-2003-11 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:            Robinson, Angermeier, John.

 

There being six (6) ayes and zero (0) nays, Ordinance R-2003-11 is hereby declared ADOPTED

 

ORDINANCE R-2003-12   FROM APC                                                                  C-3 TO C-4

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 101 SOUTHEAST SIXTH STREET

PETITIONER:            D-PATRICK, INC.

 

Brian Carroll: Good evening Members of the City Council.  I’m Brian Carroll. I’m here tonight representing D-Patrick, Inc. who is the owner of this property at 101 SE Sixth.  Present zoning classification C-3 and we’re petitioning tonight that the zoning classification be changed to C-4.

Basically it’s legal nonconforming and has been legal nonconforming for many years, it’s been an auto dealership, different ownership since the 40’s.  Really the reason that we are here tonight is our clients probably didn’t even know it was legal nonconforming until they went and tried to pull some sign permits to…for some new signage.  And it’s Mr. Laughlin’s presence with us tonight also.  And, so while we’re doing tonight is just asking that the property be rezoned to its current classification, required classification of C-4.

 

President John: Thank you.  Are there questions by Members of Council?  Is there anyone in the audience that would like to speak in favor of or in opposition to this request?

 

Councilman Bagbey moved and Councilman Watts seconded the motion to adopt Ordinance R-2003-12 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:            Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Ordinance R-2003-12 is hereby declared ADOPTED.

 

 

ORDINANCE R-2003-14   FROM APC                                                               R-2 TO CO-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 2179 EAST MORGAN AVENUE

PETITIONER:            DEREK A. CLUCK

 

Derek Cluck: Hello, I’m Derek Cluck, I reside at 8244 Burch Drive in Newburgh.  And I’m petitioning the Committee to rezone 2179 E. Morgan from R-2 to CO-1 to make it an office for my company.

 

President John: Questions by Members of Council?  Is there anyone in the audience that would like to speak in favor of or in opposition to this particular request?

 

Councilman Melcher moved and Councilman Watts seconded the motion to adopt Ordinance R-2003-14 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:             Robinson, Angermeier, Kiefer. 

 

There being six (6) ayes and zero (0) nays, Ordinance R-2003-14 is hereby declared ADOPTED.

 

REGULAR AGENDA

THIRD READING OF ZONING ORDINANCES

ORDINANCE R-2003-15   FROM 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 1515-1517 CULVER DRIVE

PETITIONER:            BRIAN L. & DARREL J. STRAUB

 

Steve Bohleber: Good evening, I’m Steve Bohleber representing the Straub Brothers.  I’ve corresponded with all of you in a letter dated May 9, 2003.  I would simply incorporate my comments from that letter into the record here this evening along with Plan Commission comments.  This does come to with a 10-0-1 do-pass recommendation.  The one abstention was by the President of the Plan Commission Mark Foster because he is a person friend of the petitioners.  If you have any questions I’d be happy to answer them.

 

President John: Questions by Members of Council?  Is there anyone in the audience that would like to speak in favor of or in opposition to this request?

 

Councilman Bagbey moved and Councilwoman Walden seconded the motion to adopt Ordinance R-2003-15 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:            Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Ordinance R-2003-15 is hereby declared ADOPTED.

 

REGULAR AGENDA

THIRD READING OF ZONING ORDINANCES

ORDINANCE R-2003-16   FROM APC                                                       CO-2, C-2 TO C-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 5151 MONROE AVENUE

PETITIONER:            LANDMARK DESIGN & ENG. INC.

 

Dave True: My name is Dave True. I’m with Landmark Design representing the owner for the property to be rezoned. 

 

President John: Would you give a brief description of the activities you intend on having at that location.

 

Dave True: He intends to build some apartment complexes for senior citizens. 

 

President John: Would that be the proper zoning?  You are going for a C-1? For apartment complexes?

 

Dave True: Yes. It’s actually zoned correct for apartments now but it allows us to use more of the green space if we go to that zoning.

 

President John: Okay.

 

President John: Questions by Members of Council.  Is there anyone in the audience that would like to speak in favor of or in opposition to this particular request?  The Chair would entertain a motion.

 

Councilman Watts moved and Councilman Bagbey seconded the motion to adopt Ordinance R-2003-16 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:            Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Ordinance R-2003-16 is hereby declared ADOPTED. 

 

SECOND READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE G-2003-14___PUBLIC WORKS                                                              BAGBEY

AN ORDINANCE TO VACATE PUBLIC WAYS OR PUBLIC PLACES WITHIN THE CITY OF EVANSVILLE, INDIANA COMMONLY KNOWN AS OAK STREET BETWEEN S.E. NINTH AND S.E. TENTH STREETS

 

ORDINANCE G-2003-15__ASD (ANGERMEIER)                                                BAGBEY

AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO THE MEMBERSHIP OF THE CENTRAL DISPATCH BOARD

 

 

ORDINANCE F-2003-9            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

 

COMMITTEE REPORTS:

 

PUBLIC WORKS CHAIRMAN: ________________________________________ BAGBEY

Councilman Bagbey: Mr. President, your Public Works Committee met earlier this evening.  We have a do-pass recommendation.

 

ASD CHAIRMAN:_______________________________________________ANGERMEIER

Councilman Bagbey: Thank you sir, I’m so honored.  Your ASD Committee met and we had a do-pass recommendation as well.

 

FINANCE COMMITTEE CHAIRMAN: __________________________          ROBINSON

President John: Finance Chairman Councilwoman Robinson was absent and I conducted her hearing.  The Ordinance F-2003-9, as amended, goes forward with a do pass recommendation.

 

John Hamilton: 2003-14 was amended also I believe.

 

Councilman Bagbey: Yes it was.

 

Councilman Melcher moved and Councilman Kniese seconded the motion to adopt the Committee Reports and move these Ordinances and Resolutions to Third Reading.  Voice vote.  So ordered.

 

There being no further motions, these ordinances and resolutions are hereby moved to Third Reading.

 

REGULAR AGENDA

THIRD READING OF ORDINANCES OR RESOLUTIONS (AS AMEMDED)

ORDINANCE G-2003-14_(as amended)__PUBLIC WORKS                                        BAGBEY

AN ORDINANCE TO VACATE PUBLIC WAYS OR PUBLIC PLACES WITHIN THE CITY OF EVANSVILLE, INDIANA COMMONLY KNOWN AS OAK STREET BETWEEN S.E. NINTH AND S.E. TENTH STREETS

 

Councilwoman Walden moved and Councilman Bagbey seconded the motion to adopt Ordinance G-2003-14 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:             Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Ordinance G-2003-14 is hereby declared ADOPTED.

 

 

REGULAR AGENDA

THIRD READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE G-2003-15__ASD (ANGERMEIER)                                                BAGBEY

AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO THE MEMBERSHIP OF THE CENTRAL DISPATCH BOARD

 

Councilwoman Walden moved and Councilman Kniese seconded the motion to adopt Ordinance G-2003-15 and call the roll.

 

ROLL CAL

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:            Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Ordinance G-2003-15 is hereby declared ADOPTED.

 

REGULAR AGENDA

THIRD READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE F-2003-9  (as amended)            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

 

Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt

Ordinance F-2003-9, as amended, and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:             Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Ordinance F-2003-9, as amended, is hereby declared ADOPTED.

 

RESOLUTION DOCKET:

RESOLUTION C-2003-14 (DOCKET)                                      COUNCILMAN MELCHER

A RESOLUTION REGARDING AMERICAN PASSENGER RAIL AGREEMENT

 

Councilman Melcher: This Resolution, it comes before you with the approval of the Mayor.  We’ve been working with the chamber on a High Rail Committee and Dennis Hodges is the Chairman of the Mid-West High Rail Committee.  We’re trying to put ourselves on the high rail map here in the State of Indiana.  This was suggested because there’s going to be some extra funding probably, or hopefully, from the Federal Government.  So they asked us to do the Resolution.  Mayor also brought it up during the last EUTS meeting.  And, so what we were going to do is pass it here, EUTS passed on also, but they are waiting for us to pass this so they can put it all together.  Hopefully the Chambers Transportation Committee will pass one and it will all go in together.  So I hope you support the Mayor and I tonight and go with Resolution 2003-14.

 

President John: Discussion.  Are there any questions or comments by Members of Council?

 

Councilman Melcher moved and Councilman Kniese seconded the motion to adopt

Resolution C-2003-14 and call the roll.

 

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Koehler Walden, Watts, John.

Absent:            Robinson, Angermeier, Kiefer.

 

There being six (6) ayes and zero (0) nays, Resolution C-2003-14 is hereby declared ADOPTED.  

 

President John: Let the record reflect that it was unanimously passed by those Members that are present.

 

MISCELLANEOUS BUSINESS:

President John: There will not be a City Council Meeting on Monday May 26th, that is Memorial Day.  Is there any other item to come under Miscellaneous by Members of Council?  Councilwoman Walden.

 

Councilwoman Walden: Thank you.  I just wanted to make a comment that it was my privilege this morning to attend the awards ceremony at Central High School and present a scholarship that we have.  The David A. Koehler Senior Memorial Scholarship and this years recipient is Rachel Chamblis and congratulations to her, we wish her the best of luck.

 

President John: Good job.  Any other Members of Council?  Counselor.

 

John Hamilton: Yes, as I think you know the City Council is named in a law suit brought by Mr. Flesher, I’ll give you a copy of it.  I’ll enter my appearance and attempt to have the City Council removed as a defendant, which I think is the proper course of action.  I’ll let you know as it develops. 

 

President John: Is that what you want Councilman Bagbey?  You don’t want to get involved? Any other items under Miscellaneous?

 

COMMITTEE REPORTS:

 

FINANCE CHAIRMAN: ______________________________________          ROBINSON

Nothing at this time.

 

ASD CHAIRMAN:_______________________________________________ANGERMEIER

Nothing at this time.

 

PUBLIC WORKS CHAIRMAN:_________________________________________BAGBEY

Councilman Bagbey: G-2003-10 will be heard at 6:15 pm on June 2, and as I told you earlier someone in my family is having some serious surgery. So, I will not be here on June 2.

 

 

 

President John: That meeting will basically be an update. We have a meeting at 4:00 to discuss what direction we are going to go.  There will be no formal action for now for that one it will just probably be resetting it later in the year.

 

Councilman Kniese:  Steve, we’re just moving this from 5:30 to 6:00 aren’t we?  Originally it was set for 5:30 so we’re moving this up to 6:00 for that committee?

 

President John: It’s fine with me if we can reset it tonight to go to 6:15 because there will be no action.

 

Councilman Kniese: That’s fine, I just want to make sure I have it on my calendar, because I had it down 5:30 originally.

 

President John: That will be at 6:15, on June 2, 2003.

 

President John: On June 2nd 2003.

 

President John: With that we’ll accept a motion to adjourn.

 

ADJOURNMENT:

 

Councilman Bagbey moved and Councilman Melcher seconded the motion to adjourn.  Voice Vote.  So Ordered.  Meeting adjourned at 7:25 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                               

PRESIDING OFFICER

 

 

                                               

CITY CLERK

Last updated: 5/18/2007 11:40:33 AM
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