CITY COUNCIL MEETING
JULY 21, 2003
The Honorable Council of the City of Evansville met on zoning session at 6:30 p. m. on Monday, July 21, 2003 in the City Council Chambers, Room 301, Civic Center Complex, Evansville, Indiana with Councilman Curt John, President, presiding. The following business was conducted:
These minutes are not intended to be a verbatim transcript. Audio tapes of this meeting are on file in the City Clerk’s Office.
ROLLCALL:
Present: Kniese, Melcher, Watts, John, Angermeier, Kiefer, Robinson
Absent: Bagbey, Koehler Walden
There being seven (7) members present and two members absent and seven (7) members representing a quorum, the President declared this session of the Common Council opened.
PLEDGE OF ALLEGIANCE
Councilman Kiefer led the Pledge of Allegiance this evening.
COUNCIL ATTORNEY
John Hamilton is Council Attorney this evening.
Councilman Melcher moved and Councilman Watts seconded the motion that the minutes of the regular meeting of the Common Council held July 14, 2003, be approved as written. Voice Vote. So Ordered.
REPORTS AND COMMUNICATIONS
IN YOUR JULY 18TH PACKET:
*Agenda for the July 21, 2003 City Council meeting.
*Committee Meeting Schedule.
*Minutes of City Council Meetings held July 14, 2003.
*Minutes from Area Plan Commission Meeting held July 2, 2003.
*Area Plan Commission Staff Reports.
*Rezoning Ordinances R-2003-26 and R-2003-27.
*Ordinance G-2003-20.
*Resolution C-2003-20.
*A News Release regarding Evansville Area’s Ozone Status.
*A memo from Floyd Edwards regarding the 2003 Budget.
*A schedule for Budget Hearings.
*A letter from Councilman Steve Bagbey regarding Central Dispatch Center.
*A letter from Given & Spindler Company.
*A letter from Paul Coburn, Division Vice-President of Whirlpool Corporation.
ON YOUR DESK THIS EVENING:
*A copy of an email from Mayor Lloyd regarding his request to Bart McCandless not to appear before City Council tonight.
*2004 Community Development Proposals.
*A letter from Councilman Steve Bagbey regarding Central Dispatch Board’s request to transfer funds.
*A letter from Chief of Police David Gulledge regarding Ordinance F-2003-12.
*A News Release regarding Mayor Lloyd Hosts Southern Indiana Mayor’s Roundtable.
*A News Release regarding improvements to Westside’s Moutoux Park.
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 G-2003-20_ PUBLIC WORKS BAGBEY
AN ORDINANCE AMENDING CHAPTER 9.80 OF THE CITY CODE
RESOLUTION C-2003-20 FINANCE ROBINSON
A PRELIMINARY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE DECLARING AN ECONOMIC REVITALIZATION AREA FOR PROPERTY TAX PHASE-IN FOR REDEVELOPMENT OR REHABILITATION OF VARIOUS PROPERTIES OF HABITAT OF EVANSVILLE
ORDINANCE R-2003-26 TO 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
REP: LESLIE C. SHIVELY
DISTRICT: JEFF KNIESE, WARD 1
ORDINANCE R-2003-27 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 21 & 23 WEST MARYLAND STREET
PETITIONER: KARAN WOODS
OWNER: SAME
DISTRICT: STEPHEN MELCHER, WARD 3
Councilwoman Robinson moved and Councilman Melcher seconded the motion to adopt the Consent Agenda as written. Voice vote. So ordered.
CONSENT AGENDA
SECOND READING OF ZONING ORDINANCES
ORDINANCE R-2003-17 FROM APC C-4 & R-4 TO M-1 W/U&D
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 300-314 READ STREET
PETITIONER: DALE A. DARTT & LADONNA F. DARTT
OWNER: SAME
REP: BRIAN K. CARROLL
DISTRICT: B. J. WATTS, WARD 6
This petition was recommended for approval, having thirteen affirmative votes and zero negative votes.
ORDINANCE R-2003-23 FROM 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
This petition was recommended for approval, having thirteen affirmative votes and zero negative votes.
Councilman Melcher moved and Councilwoman Robinson seconded the motion to adopt the Consent Agenda Second Reading of Zoning Ordinances and to accept the Area Plan Commission Reports. Voice vote. So ordered.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES
ORDINANCE R-2003-17 as amended FROM APC C-4 & R-4 TO M-1 W/U&D
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 300-314 READ STREET
PETITIONER: DALE A. DARTT & LADONNA F. DARTT
Brian Carroll: Good evening, I’m Brian Carroll and I’m here tonight representing Dale and Ladonna Dartt who own Dartt Automotive. We are here tonight requesting that their property at 300-314 Read Street be rezoned from it’s current zoning C-4 to M-1 and the purpose is to allow for the expansion of their existing business that is located at the corner of Reed and Franklin. I’ll pass out pictures at this time that shows their property and the surrounding area. Dartt Automotive has been in business since 1986 and been at the current location since 1988. They purchased these lots behind their business that are included in this petition that you’ll see in the pictures. They want to either add on to their existing building or reconfigure the building and have it run along Reed Street. But again, it will be an expansion of an existing business that’s been here since 1986. We are now in the second generation. We will be complying with the Plan Commission requirements with the 8’ solid fencing and also we will be adding a landscape buffer at the request of the adjoining landowner to the north. We have a letter from Joseph Easley who is the President of the Jacobsville Area Community Corporation. I will hand it out to Council Members in just a second. To read for the record, it does say “that our board was in clear consensus that with this green space to give some site and sound barrier, we saw no objections to the rezoning. It is consistent with the mixed nature of our neighborhood, which is residential, commercial and industrial properties. We felt that this action would not harm our neighborhood. That the additional investment would actually be good for it”. I’ll go ahead and pass this out. We have filed a Use and Development Commitment with the zoning petition and we continued this from the June meeting at the request of the owner to the north that Mr. Shively represents. We took out of the petition the north twenty feet of the last lot that the Dartt’s own. That will be the landscape that we’ve talked about. The Use and Development Commitment limits our uses to, automobile engine overhauling or rebuilding automobiles, painting, body work and automobile parts. Automotive type uses. All of the other M-1 uses are eliminated. I would be happy to entertain any questions that you might have.
President John: Are there any questions by Members of Council? Mr. Shively, did you have something….
Brian Carroll: ….I just want to say for the record, “we would be putting up the landscape buffer and the fencing within 90 days.
Les Shively: Mr. President, Members of City Council. My name is Les Shively. I represent Mr. and Mrs. John Habermill that own the property that Donna just pointed too. That is a property that they lease out, it is a residential structure, they have a long term tenant there. I want to clarify a couple of thing. We understand the need for Mr. Dartt to expand and part of this is going to allow him to move vehicles, keep them on site. It is important to note, however, we are glad to see that within the time period, I believe they said 90 days, they are gong to have the screening and the buffer up. Technically, they are in violation of section 15.153.02.020 requires all commercial enterprises where you have outside storage. Especially when you are adjacent to residential to have the appropriate screening. This property does not have the proper screening, hasn’t had since the operation began at this location. I know this is something of concern to Council when someone comes before you asking for relief, or to upgrade their zoning. It’s important to know how they are complying with their present classification. It is not in conformity. I think you need to know that. I know they say that they will have it done in 90 days but, I hope they don’t wait the full 90 days, we would like to see that done sooner. Also, just to clarify for the record, the letter from Mr. Easley, from the Jacobsville Corporation, it’s my understanding that that is different from the Jacobsville Neighborhood Association. I think Mr. Melcher is nodding his head that I’m correct. I don’t want to confuse. The Corporation is more involved in enterprise and business in the area as opposed to land use and residential needs. And I’m not saying Mr. Carroll is misleading, I just want to make sure that everyone is clear who that entity is. We are pleased that Mr. and Mrs. Dartt have also agreed to the 20’ set back. We had asked for 25, but they agreed to do 20 and we think that is a step in the right direction and I want to applaud that. However, one of the things that we did indicate our concern was allowing auto bodywork, auto painting in the M-1. Mr. Dartt stated at the Plan Commission Meeting that it was not his intention to do that, to use it for auto body but, he was concerned that if he put that limitation, it would affect the market ability of the property should he retire and seek to sell the property. On July 10 th I sent a letter to his counsel asking that they amend their Use and Development accordingly to reflect that limitation. They have not done that but again, I guess we’ll have to take Mr. Dartt and his wife at their word, that there will not be any auto body, any painting at that particular location. We are concerned with the step up to an M-1 especially in view of the fact that the property in its present classification is not in compliance but we also have to recognize that the petitioner has entered into a Use and Development Commitment, has attempted to meet my clients half way. We would have liked to have seen a limitation on the Use and Development regarding auto body operations during their ownership. We still think that can be done by simply amending the Use and Development. I realize that it would require an extra meeting but if that’s their intention it shouldn’t affect their operation that’s presently there now. But, the most important thing is the buffer and the screening.
President John: Any questions by Members of Council?
Councilman Kiefer: I guess this is for Mr. Dartt. Sounds like you guys have come a long way toward working toward an agreement. Are you willing to amend your Use and Development? You know, do what I guess the neighbors are asking for?
Brian Carroll: No, we aren’t. Just to kind of give a history of what we’ve done here. We filed this petition in May, we filed the Use and Development in May. We were asked again to move the zoning and take out this north 25 feet and we said that’s a whole lot. The only green space area requirement is 20’ so, we amended it to take out the 20’. We came to the Plan Commission at the beginning of July. Mr. Dartt did indicate again that he doesn’t do body work. But, someday they might want to sell the property or you never know what may become of his particular business as far as what he does now and it’s expansion. We didn’t hear anything about any objection to their being any concern about body work or body repair. I still haven’t heard why there would be an objection. In this day and age of EPA requirements you have to have separate rooms that are sealed to do body work. There really aren’t any fumes. Look at all of the new body shops that have been put in. They are all state of the art and you have to comply with all of the requirements now if you’re going to construct a facility. Mr. Habermill owns his property adjacent to the north. He also owns one two doors down to the north that’s vacant and in a deteriorated condition. Mr. Habermill owned one of the lots that Mr. Dartt purchased. He ended up having to tear it down. It already had a raze order on it. We feel that we have been very accommodating. We just don’t understand why there is this issue about whether there might be bodywork on the property. Again, it’s an automotive use and with the EPA and the screening, I don’t see how that’s going to affect the property at the north.
Dale Dartt: If I could say something. We have been at that locating, operating, for 15 years. I have never had a complaint from anyone. I don’t know why all of a sudden this has become such a big issue. But, we are willing to comply with whatever the Council says.
Brian Carroll: It’s my understanding also from talking to Mr. Mills that the fencing requirement was not put in until 1989. This property has been in it’s present use since 1986, so, the grandfather provision would apply. Mr. Dartt didn’t know anything about the fencing provisions to begin with and it appears that it wouldn’t even apply to the property in it’s present zoning.
President John: I would remind Council that in the event that the representations that are made here this evening and are broken within the next 6 months that we would have the right to repeal the zoning. So, if 90 days from now you don’t have it up, we as Council would have that right and I’m sure that we would be hearing from Mr. Shively.
Les Shively: Far be it from me to argue. Is Mr. Mills still here? Mr. Mills said that it was enacted in 1989, and I’ll take his word for that. I would note that the facility down the street has been there at least since I came back and started practicing law in 1980, it will pretty well look the same with the screening. But, I want the Council to know that this was brought to Mr. Carroll’s partner’s attention in his absence on June 24 on the opposition to the auto body operation. We are not raising this for the first time. I just wanted to be clear on that. What I would ask so that we could have a check and balance on that, President John, picking up on your comment about representations. If this Council decides to approve this as it is could we at least be notified when Mr. Dartt goes to Site Review for any expansion to his building. We just want to be able to verify what they are asking for.
John Hamilton: Your asking that Mr. Carroll present that to Council?
Les Shively: Yes, when they do go to Site review to expand their building that we get notice of that so that we can verify the fact that they are not asking for spray booths etc. That might be a way to check that without having them refile or amend.
Brian Carroll. We have no objection to doing that.
President John: Ok, would you state for the record…
Brian Carroll: We would state for the record that we would be in agreement that we would notify Mr. Shively whenever we would actually go before Site Review.
President John: Is there anyone in the audience that would like to speak either in favor or opposition to this petition?
Councilman Watts moved and Councilman Melcher seconded the motion to adopt Ordinance R-2003-17, as amended, and call the roll.
ROLL CALL:
Ayes: Kniese, Melcher, Watts, John, Angermeier, Kiefer, Robinson
Absent: Bagbey, Koehler Walden
There being seven (7) ayes and zero (0) nays, Ordinance R-2003-17, as amended, is hereby declared ADOPTED.
ORDINANCE R-2003-23 FROM 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
Krista Lockyear: Good evening Members of Council. I’m here on behalf of Memorial Community Development Corporation. Given the time, I would just like to ask for a do pass on this, but it’s not really fair to Reveran Adrian Brooks for me to be up here and not blow his horn a little bit. Reverend Brooks came to City Administrators a couple of years ago and asked to work on this project. The city has been in the process of acquiring the properties in this block of Walnut Street. On March 18 of this year we acquired the property from the city, under the deed with restrictions that it is to be developed as low or moderate income family housing. I am aware that this body has also appropriated CDBG Funds for the project. We’ve got to get construction started on this within 6 months under the deed restrictions, so we are ready to move forward. They will be two story town houses for larger families.
President John: Are there any questions by Members of Council? Is there anyone in the audience that would like to speak in favor of or in opposition to this Ordinance?
Councilwoman Robinson moved and Councilman Kiefer seconded the motion to adopt Ordinance R-2003-23 and call the roll.
ROLL CALL
Ayes: Kniese, Melcher, Robinson, Watts, Angermeier, Kiefer, John
Absent: Bagbey, Koehler Walden
There being seven (7) ayes and zero (0) nays, Ordinance R-2003-23, is hereby declared ADOPTED.
CONSENT AGENDA
SECOND READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE G-2003-17__ ASD (ANGERMEIER) KNIESE
AN ORDINANCE AMENDING SECTION 13.131.11 OF THE EVANSVILLE MUNICIPAL CODE
ORDINANCE G-2003-19__ FINANCE (ROBINSON) KIEFER
AN ORDINANCE OF THE CITY OF EVANSVILLE, INDIANA CONCERNING PARK IMPROVEMENTS BY THE BOARD OF PARK COMMISSIONERS THROUGH THE ISSUANCE AND SALE OF BONDS, AND OTHER MATTERS CONNECTED THEREWITH
ORDINANCE F-2003-11 FINANCE (ROBINSON) KNIESE
AN ORDINANCE AMENDING THE CITY OF EVANSVILLE’S LAW ENFORCEMENT FUND
ORDINANCE F-2003-12 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
RESOLUTION C-2003-19 FINANCE ROBINSON
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE APPROVING SUBSEQUENT STATEMENT OF BENEFITS FOR BERRY PLASTICS CORPORATION LOCATED AT 101 OAKLEY STREET
COMMITTEE REPORTS:
FINANCE COMMITTEE CHAIRWOMAN ROBINSON: Mr. President, your Finance Committee met tonight on Ordinance G-2003-19, which has been held in Committee to be heard on August 4, 2003 at 5:45 PM. Ordinance F-2003-12 comes forward with a do pass recommendation, as amended. Ordinance F-2003-11 has been recommended for a do pass. Resolution C-2003-19, recommended for a do pass.
ASD COMMITTEE CHAIRMAN ANGERMEIER: Ordinance G-2003-17 has a do pass recommendation.
Councilman Melcher moved and Councilman Watts seconded the motion to adopt the Committee Reports and move these ordinances to Third Reading. Voice vote. So ordered.
REGULAR AGENDA
THIRD READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE G-2003-17 __ ASD (ANGERMEIER) KNIESE
AN ORDINANCE AMENDING SECTION 13.131.11 OF THE EVANSVILLE MUNICIPAL CODE
Councilman Melcher moved and Councilman Watts seconded the motion to adopt Ordinance G-2003-17 and call the roll.
ROLLCALL
Ayes: Kniese, Melcher, Robinson, Watts, Angermeier, Kiefer, John
Absent: Bagbey, Koehler Walden
There being seven (7) ayes and zero (0) nays, Ordinance G-2003-17 is hereby declared ADOPTED.
ORDINANCE F-2003-11 FINANCE (ROBINSON) KNIESE
AN ORDINANCE AMENDING THE CITY OF EVANSVILLE’S LAW ENFORCEMENT FUND
Councilman Kniese moved and Councilman Kiefer seconded the motion to adopt Ordinance F-2003-11 and call the roll.
ROLLCALL
Ayes: Kniese, Melcher, Robinson, Watts, Angermeier, Kiefer, John
Absent: Bagbey, Koehler Walden
There being seven (7) ayes and zero (0) nays, Ordinance F-2003-11, is hereby declared ADOPTED.
ORDINANCE F-2003-12 (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 Watts moved and Councilwoman Robinson seconded the motion to adopt Ordinance F-2003-12, as amended, and call the roll.
ROLLCALL
Ayes: Melcher, Robinson, Watts, Angermeier, John
Nays: Kniese, Kiefer
Absent: Bagbey, Koehler Walden
There being five (5) ayes and two (2) nays, Ordinance F-2003-12, as amended, is hereby declared ADOPTED.
RESOLUTION C-2003-19 FINANCE ROBINSON
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE APPROVING SUBSEQUENT STATEMENT OF BENEFITS FOR BERRY PLASTICS CORPORATION LOCATED AT 101 OAKLEY STREET
Councilman Melcher moved and Councilwoman Robinson seconded the motion to adopt Resolution C-2003-19 and call the roll.
ROLL CALL
Ayes: Kniese, Melcher, Robinson, Watts, Angermeier, Kiefer, John
Absent: Bagbey, Koehler Walden
There being seven (7) ayes and zero (0) nays, Resolution C-2003-19, is hereby declared ADOPTED.
MISCELLANEOUS BUSINESS
President John: There will not be a City Council Meeting next Monday, July 28, 2003, because there is no new business at that time. Other Miscellaneous Business, is there anyone in the audience that would like to come forward and speak at this time?
John Hamilton: Just to be safe, I’d put in the record on Ordinance G-2003-19 the exact date and time.
President John: Is there any other business to come under Miscellaneous Business this evening? If not, we will go to Committee Reports.
COMMITTEE REPORTS:
FINANCE COMMITTEE CHAIRWOMAN ROBINSON: Mr. President, the Finance Committee will hear Ordinance G-2003-19 on August the 4th at 5:45 pm. We will hear Ordinance C-2003-20 on August the 4th 2003, at 6:10 pm.
President John: Thank you, there is nothing scheduled for ASD.
PUBLIC WORKS COMMITTEE CHAIRMAN BAGBEY: President John: Ordinance G-2003-18 on August 4th 2003, at 6:15 pm. Ordinance G-2003-20 on August 4th at 6:25 pm. On August 25 we will hear Ordinance G-2003-10 at 6:15 pm.
ADJOURNMENT
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PRESIDING OFFICER
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CITY CLERK