CITY COUNCIL MINUTES
AUGUST 18, 2003
The Honorable Council of the City of Evansville met on regular session at 6:30 PM on Monday, August 18, 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:
There being nine (9) members present and zero (0) members absent and nine (9) members representing a quorum, the President declared this session of the Common Council officially opened.
PLEDGE OF ALLEGIANCE
Matt Martin from Scout Troop 312 led the pledge of allegiance this evening. Matt lives at 2000 N. Lombard, here in Evansville.
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 August 4, 2003 meetings of the Common Council as written?
Councilman Watts moved and Councilman Angermeier seconded the motion that the minutes of the regular meeting of the Common Council held August 4, 2003 be approved as written. Voice vote. So ordered.
REPORTS AND COMMUNICATIONS
IN YOUR AUGUST 8TH PACKET:
*Financial Report dated June 30, 2003.
*Agenda for Board of Zoning Appeals Meeting for August 21, 2003.
*A News Release regarding Mayor Lloyd Criticizes State Funding Cuts in City of
Evansville Proposed Budget Overview Presentation.
*A News Release regarding Mayor Lloyd Announces School Zone Flashing Lights.
IN YOUR AUGUST 15th PACKET:
*City Council Agenda for August 18, 2003 meeting.
*Committee meeting schedule.
*Minutes from August 4, 2003 City Council Meeting.
*Area Plan Commission Staff Reports.
*Area Plan Commission Minutes of August 6, 2003 meeting.
*Ordinances R-2003-28 and R-2003-29.
*Resolution C-2003-21.
*AMR 911 Ambulance Call Summary for July 2003.
*A letter from Jerry G. Russell, Vincennes District Director of INDOT.
*Evansville Convention & Visitors Bureau memo regarding new website.
*Evansville Redevelopment Commission Draft Agenda for August 19, 2003 meeting.
*A Memo from Rob Schaefer regarding 2002 Tax Phase-In Compliance.
*FY 2004-2006 Transportation Improvement Program (TIP).
ON YOUR DESK THIS EVENING:
*Board of Park Commissioners Agenda for August 20, 2003 meeting.
*DMD 2004 Contractual Services Breakdown and Flowchart.
*A News release regarding Mayor Lloyd and Fire Chief Michael Humphrey
Named “Patriotic Employers”.
*Report from Weights and Measures.
*Amended Ordinance G-2003-22
Councilman Melcher moved and Councilwoman Robinson 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-2003-28 TO APC R-1 TO C-2
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 1305 AND 1307 WASHINGTON AVENUE
PETITIONER: NORMAN CHARLES
OWNER: SAME
REP: F. STEPHEN SHEETS
ORDINANCE R-2003-29 TO APC C-2 W/SU 2 TO C-4
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 1140-1146 ADAMS AVENUE
PETITIONER: COVERED BRIDGE PROPERTY V, LLC
OWNER: SAME
REP: KRISTA LOCKYEAR
DISTRICT: CONNIE ROBINSON, WARD 4
RESOLUTION C-2003-21 FINANCE (ROBINSON) KOEHLER WALDEN
A RESOLUTION AMENDING THE AGREEMENT BETWEEN THE CITY OF EVANSVILLE (HEREINAFTER REFERRED TO AS “CITY”) AND CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 215 (HEREINAFTER REFERRED TO AS “UNION”), KNOWN AS RESOLUTION C-2000-33.
Councilman Melcher moved and Councilman Angermeier seconded the motion to adopt the Consent Agenda as written. Voice vote. So ordered.
CONSENT AGENDA
SECOND READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE R-2003-24 FROM APC C-4 TO R-1
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3134 N. FULTON AVENUE
PETITIONER: SHARMON FORD
OWNER: SAME
REP: STEVEN L. BOHLEBER
DISTRICT: ANGELA KOEHLER WALDEN, WARD 5
This petition was recommend for approval, having 11 affirmative votes.
ORDINANCE R-2003-25 FROM 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 1630 HARMONY WAY
PETITIONER: JAMES F. SHOPTAUGH II
OWNER: SAME
REP: SAME
DISTRICT: B.J. WATTS, WARD 6
This petition was approved, having 11 affirmative votes.
Councilman Melcher: Mr. President, I would like to accept the Area Plan Commission Report on the Second Reading of Zoning Ordinances and send these Ordinances to Third and final Reading.
Councilman Melcher moved and Councilman Watts seconded the motion to move these Ordinances to Third and final reading. Voice vote. So ordered.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES:
ORDINANCE R-2003-24 FROM APC C-4 TO R-1
AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 3134 N. FULTON AVENUE
PETITIONER: SHARMON FORD
President John: Welcome.
Steve Bohleber: Good evening. I’m Steve Bohleber representing Sharmon Ford. I’ll be very brief. Ms. Ford acquired this property from her mother. It’s been in the family for a long period of time and it’s always been a single-family residence. Unfortunately at some point in the past the City blanket zoned parts of this community to a commercial zoning classification that included this property. Ms. Ford, as a non-conforming owner, desires to do two things at this point. One: Improve the residence and Two: borrow some money. Neither of those things can be accomplished in a single-family residence with a commercial zoning. So she is here to zone it to what it’s always been, a single-family residence and requests that the zoning classification be down zoned from C-4 to R-1 to accommodate her needs and to bring the property into conformity with it’s actual and historic use. We know of no remonstrators and this comes with a unanimous do-pass recommendation from the Area Plan Commission we ask this body to do the same. Thank you.
President John: Are there any questions for Mr. Bohleber or the petitioner? Councilman.
Councilman Bagbey: Actually, it’s a question for Mr. Hamilton. This brings up the point again here is another zoning we talked about. You and I had a conversation about the blanket zoning that the City did years and years ago. Pardon me?
Councilman Kiefer: Now he’s got to pay money to get it rezoned.
Councilman Bagbey: Yeah, you know I really think that some how some way we need to revisit some of our neighborhoods and see if the Council can maybe eliminate these problems.
John Hamilton: I have some information available for that I can put it in written form but it involves Area Plan Commission.
Councilman Bagbey: Well, I figured that too.
Steve Bohleber: The good thing Steve is I don’t think you and I were alive when this happened so we can’t take any blame for it.
Councilman Bagbey: Well yeah, I understand that. But there are some areas within my department where it’s becoming a problem.
Steve Bohleber: This is becoming a more frequent occurrence before this body, rezoning for this purpose.
Councilman Bagbey: Thank you
President John: Councilwoman.
Councilwoman Walden: Thank you. We’d just comment as the representative of this area that I have not received any complaints either as you can imagine that I would endorse this zoning.
President John: Are there any other questions for Mr. Bohleber or the petitioner? Is there anyone in the audience that would like to speak in favor of or in opposition to this petition?
Ordinance R-2003-24 and call the roll.
ROLL CALL:
Ayes: Kniese, Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier Kiefer, John.
There being nine (9) ayes and zero (0) nays, Ordinance R-2003-24 is hereby declared ADOPTED.
REGULAR AGENDA
THIRD READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE R-2003-25 FROM 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 1630 HARMONY WAY
PETITIONER: JAMES F. SHOPTAUGH II
Ordinance R-2003-25 and call the roll.
ROLL CALL:
Ayes: Kniese, Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, John.
There being nine (9) ayes and zero (0) nays, Ordinance R-2003-25 is hereby declared ADOPTED.
CONSENT AGENDA
SECOND READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE G-2003-20 __ PUBLIC WORKS BAGBEY
AN ORDINANCE AMENDING CHAPTER 9.80 OF THE CITY CODE
ORDINANCE G-2003-22 PUBLIC WORKS (BAGBEY) KNIESE
AN ORDINANCE AMENDING CHAPTER 15.154 OF THE EVANSVILLE MUNICIPAL CODE (FLOODPLAIN MANAGEMENT)
COMMITTEE REPORTS:
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.
President John: There being no further motions, these Ordinances are hereby moved to Third Reading.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES
ORDINANCE G-2003-20 __ PUBLIC WORKS BAGBEY
AN ORDINANCE AMENDING CHAPTER 9.80 OF THE CITY CODE
Councilman Bagbey moved and Councilman Watts seconded the motion to adopt Ordinance G-2003-20 and call the roll.
ROLL CALL:
Ayes: Kniese Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, John.
There being nine (9) ayes and zero (0) nays, Ordinance G-2003-20 is hereby declared ADOPTED.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES
ORDINANCE G-2003-22 (as amended) PUBLIC WORKS (BAGBEY) KNIESE
AN ORDINANCE AMENDING CHAPTER 15.154 OF THE EVANSVILLE MUNICIPAL CODE (FLOODPLAIN MANAGEMENT)
Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt Ordinance G-2003-22, as amended, and call the roll.
ROLL CALL:
Ayes: Kniese, Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer,
John.
There being nine (9) ayes and zero (0) nays, Ordinance G-2003-22, as amended, is hereby declared ADOPTED.
MISCELLANEOUS BUSINESS
President John: Is any Member of Council have a matter to bring up under miscellaneous business? Councilman Melcher.
Councilman Melcher: Yes, I noticed in our packets we have a draft of the Redevelopment Commission, we had it on our desk tonight. Item 5, the second item, says Resolution 03ERC-53 authorizing the amendment to the amendment to the lease agreement with Aztar Gaming Commission LLC and ask…does anyone know what that is? Do we know what we’re….I know what the amendment was I was there in December. Does anyone know what the amendment to the amendment is? Are we giving any more money away or….? I won’t be able to attend this meeting tomorrow because we’ve got mandatory training tomorrow. Was kind of hoping somebody would go find out what that amendment to the amendment is or I’d go. Thank you.
President John: Madam Clerk, could you please check tomorrow and see what that’s going to be and maybe notify Councilman Melcher.
Councilman Melcher: The meeting is at 8:30 in the morning, room 307. But, I don’t know if they are going to hear it and vote on it again but, they don’t normally do that.
President John: Any other matter to come up under Miscellaneous Business? Now I’ll go to Committee Reports. Finance Chairwoman Councilwoman Robinson.
COMMITTEE REPORTS:
FINANCE CHAIRWOMAN ROBINSON: Mr. President, your Finance Committee will meet August 25th to hear Ordinance G-2003-21 at 5:45 and also Ordinance F-2003-14 at 5:45. And September 8th we’ll hear Resolution C-2003-21 at 6:15. September 22nd will hear F-2003-13 at 6:00. I don’t have a time listed but I think it’s 6:00. Thank you.
ASD CHAIRMAN ANGERMEIER: Nothing at this time.
PUBLIC WORKS CHIARMAN BAGBEY: G-2003-10 and I guess we will hold it that night, most likely.
President John: We’ll have a meeting earlier that day and then we’ll see where it goes from there.
President John: Any other matter to come up under business this evening?
ADJOURNMENT:
Councilman Melcher moved and Councilwoman Robinson seconded the motion to adjourn. Voice vote. So ordered.
Meeting adjourned at 7:10 p.m.
PRESIDING OFFICER CITY CLERK