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The Honorable Council of the City of Evansville met on regular session at 6:30 pm on Monday, February 24, 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.
Present: Kniese, Bagbey, Melcher, Robinson, Watts, Angermeier, Kiefer, Koehler Walden, John.
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.
Council Attorney John Hamilton led the pledge of allegiance this evening.
John Hamilton is Council Attorney this evening.
This evening Officer is our Sergeant at Arms.
Is there a motion to approve the minutes of the February 10th, 2003 meetings of the Common Council as written?
Councilman Melcher moved and Councilman Watts seconded the motion that the minutes of the regular meeting of the Common Council held February 10th, 2003 be approved as written. Voice vote. So ordered.
*City Council Agenda for February 24, 2003.
*Committee Meeting Schedule.
*Minutes of City Council Meeting held February 10, 2003.
*Ordinance G-2003-8.
*Rezoning Ordinances R-2003-7, R-2003-8, R-2003-9 and R-2003-10.
*Area Plan Commission Staff Reports.
*Area Plan Commission Minutes of February 5, 2003 meeting.
*Press release from the Evansville Convention & Visitors Bureau.
*Evansville Redevelopment Commission Agenda.
*News Release from Mayor Lloyd's Office concerning crime statistics.
*News Release from Mayor Lloyd's Office proclaiming "Visitation Saturday" for the
*City of Evansville 911 Ambulance Call Summary.
*Jacobsville Neighborhood Improvement Association News Letter.
*Nation's Cities Weekly.
*Letter concerning free GIS training.
* News Release from Human Relation Executive Director, Floyd Edwards, concerning the Cities *Diversity Training at the Victory Theatre.
*A letter from United Leasing, Inc.
*A letter from the Evansville Police Department concerning Ordinance F-2003-1.
*Addendum to Ordinance F-2003-1.
*A Meeting Notice of the Vanderburgh County Convention and Visitors Commission.
*A Media Alert regarding "Visitation Saturday" at Pine Haven.
*A Memorandum from Mayor Russell G. Lloyd, Jr. regarding meetings for discussion
Of the soccer complex budget plans, schedules, and other issues.
*Report from Weights and Measures.
*A copy of Nation's Cities Weekly.
President John: Is there a motion to receive, file and make these reports and communications a part of the minutes of the meeting?
Councilwoman Robinson 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.
Councilman Melcher moved and Councilwoman Robinson seconded the motion to adopt the Consent Agenda as written. Voice vote. So ordered.
This petition was approved, having 10 affirmative votes and 2 negative votes.
This petition was approved, having 12 affirmative votes.
Is there a motion to adopt the Consent agenda Second Reading of Zoning Ordinances and accept the Area Plan Commission Report?
Councilman Melcher and Councilwoman Walden 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.
The Council now stands at Third Reading of Zoning Ordinances, which is final action.
President John: Good evening. You don't look like Dorothy.
Betty Knight-Smith: No, she was in the hospital with a heart attack and she had angioplasty
and she's not able to come. She's out of the hospital but she's not able to come so, I told her I would come with her. I'm Betty Knight-Smith and.
President John: Welcome.
Betty Knight-Smith: So this is about the zoning. She would like to open a furniture store there. She had one down the street and sold it, but she would like to be like the rest of them are down the street at C-4. And when the house becomes available next door she wants to buy that and make a bigger parking lot. At the Area Plan Commission it passed 10-2. Councilman Angermeier was there at the same time that I was out there and they approved that.
President John: Are there questions by Members of Council?
Councilman Angermeier: Well, I got a big kick out of the audience. I said I'd been at the building several times. The building was occupied by that tattoo man that… (laughter). I move for approval.
President John: One second before we move for approval. Could I ask what were the reasons of the two negative votes? Do you recall?
Betty Knight-Smith: I really don't remember, do you Jim?
President John: Do you Councilman?
Councilman Angermeier: I don't think it was relative to the size of the building or the parking lot. To my knowledge they did not give an expression of the negative vote.
Councilman Watts: I think the only thing it said in our minutes of the meeting was that a C-2 was the only thing that was needed. I don't think they had any problems with the furniture store, with the owner. I think they just thought…..
President John: And that was the only objection?
Councilman Watts: Yeah that was the only objection.
Councilman Bagbey: Uh, this goes against what I normally do when it comes to zoning. But I think you need to take in consideration some factors that you may not be aware of. Number one: Covert Avenue is in transition, many of you understand that. But there is going to be a greater transition on Covert Avenue because of some deaths of some property owners within the last year. And that's why the C-4 requested by Mrs. Market is not that offensive to me. If you look of the sixteen properties I think that she notified, thirteen are commercial. We have a tire store, we have a car lot, we have a restaurant, and it's all hodge-podge. And that part of Covert Avenue is definitely going commercial. Further east of where we are at we have already zoned, within the last three years, other commercial properties C-4 where there has still been no development. We did one for a donut shop and it never got under construction. Normally I would insist upon a use and development commitment of some type knowing that Mrs. Market wants to get back into the furniture business and if you've gone out there and taken a look at it she's got her furniture in there and etc. She's done a nice job in the Ward with the properties that she has purchased and developed. Because of that reason, because of the surrounding areas of the commercial, I will support the C-4. And I realize that's a little bit different of what I normally do, but I feel it's warranted in this case. Thank you. And I've had no calls of any opposition.
President John: Thank you. Are there any other questions for Mrs. Smith? Is there anyone in the audience that would like to speak either in favor of or in opposition to this particular Ordinance? If not , we'd entertain a motion for approval.
Councilman Angermeier moved and Councilman Bagbey seconded the motion to adopt
Ordinance R-2003-3 and call the roll.
Ayes: Kniese, Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, John.
There being nine (9) ayes and zero (0) nays, Ordinance R-2003-3 is hereby declared ADOPTED.
Chris Zickmund: Chris Zickmund Executive Director of Habitat. These lots are currently M-2 , I believe, and we're looking to rezone them so that we can place two additional Habitat Houses on these lots. We're also looking at purchasing the lots next door to it, and we're going to end up having a total of four houses right there on Cedar Street.
President John: Are there any questions by Members of Council? I did notice where I believe this passed unanimously at Area Plan.
Chris Zickmund: Yes it did.
President John: Are there any….is there anyone in the audience that would like to speak in favor of or in opposition to this Ordinance? If not, we'd entertain a motion to….
Councilwoman Walden moved and Councilman Watts seconded the motion to adopt Ordinance R-2003-4 and call the roll.
There being nine (9) ayes and zero (0) nays, Ordinance R-2003-4 is hereby declared ADOPTED.
President John: Good evening Counselor. How are you this evening?
Les Shively: Very fine Mr. President. Mr. President my name is Les Shively Members of Council representing Mr. Steven Collins with regard to this particular request that is finally
before you this evening for a final vote. And before I get into the specifics of our presentation, let me first of all thank the residents in the area that have met with me and my client on several occasions in an attempt to embrace all of the concerns of the folks there and make this not only a viable project but an esthetically pleasing project and one that everyone can be proud of. I would like at this time to start with Councilman Watts a…..basically this photograph right here with some photographs that are on either side of this sort of important to the area. And as I start a series of photographs with Councilman Angermeier let me remind you folks this property is located in the area abounded by SE Eighth Street, I guess that would be to the west. As we get closer to the river at east, west, north, and south, I get confused, but to the west Washington Avenue, to the south, Judson to the east, and the alley, which would run parallel to Washington, forming the northern border of this property. These are some photographs of some of the surrounding properties. I also this evening, and I'll pass around later these are additional photographs, more inclusive photographs of all the surrounding properties. When I say surrounding properties starting probably along Eighth Street looking across towards the west, moving down Washington Avenue to the south, moving then towards Judson and moving towards behind the property. We filed this back in August of last year. And this initial request was for these several properties which compose just slightly under an acre, to take it from R-2 to R-4. The plan was basically to do the following: There are two existing structures one at 932 SE Eighth and one at 210 Washington Avenue that are existing structures. And these existing structures are what we call legal non-conforming multi-family. The purpose of this rezoning in the first part was to bring these in compliance with the present zoning code. The other part of this request was to take vacant land, the majority of which exists there at the corner of Washington and Eighth, and there are some other parcels vacant thereabouts, many of which are too small in of themselves to do anything with, to rezone those to R-4 as well for purposes of constructing two new multi-family structures. Initially the plan called for ten units per structure. When this came before the Plan Commission in October of last year, several residents expressed some concern about the density of ten units per structure. That would be a total of twenty units in the new structures. As a result of those concerns being expressed we continued it and did further action on the rezoning petition, met with the neighbors, took in several of their comments, and as a result, Mr. Collins hired the firm of H.G. McCullough Designers Inc. an architectural firm that, among things, specializes in residential structures. They prepared a rendering of the proposed structures, which is the top of the exhibit before you this evening and
is included in your packet as part of the use and development commitment. Mr. McCullough also set forth a floor plan design to do a townhouse type of approach as well as a site plan. We agreed also to go from ten units per building to five units per building. And then we also agreed to make these, in the new structure, to make these two-bedroom townhouse- type of apartments. In addition, we set forth a site plan as to how the buildings would be oriented, one on Washington, the one on Eighth Street. One of the concerns that was raised in our October meeting with the neighbors is that they did not want to see a parking lot facing Washington Avenue. They wanted the structure. The use and development commitment also provided a….part of that use and development is this rendering of this Victorian style apartment building structure. We then went before the Plan Commission, and by the way, there were some additional changes made and some language put in the use and development commitment again resulted from subsequent meetings after October after the initial plans were prepared by Mr. McCullough's firm. We went before the Plan Commission. The Plan Commission in a vote of 10-1 recommended approval of the rezoning request with the use and development commitment. Following the meeting….yeah I believe it was December when that vote was by the Planning Commission, there were still several neighbors that had some concerns. Again, one of the
concerns expressed had to do with the number of units in the two new structures. And we attempted to start a dialogue again with the neighbors to get additional input. That actually started somewhat before the Plan Commission meeting and continued at the Plan Commission meeting and was continuing when we were here before you on February 10th, which resulted in additional dialogue, which was supposed to have taken place on the 17th of February, but due to weather , it didn't occur, and resulted in meetings which Councilman Bagbey participated in Saturday morning which lasted for a couple of hours and it continued again in my office this morning for about an hour and a half or two hours. As a result of those discussions, we as Mr. Collins has agreed to make further commitments with regard to development and use, not only for the two new structures but the existing structures as well. And we don't want to amend this any further therefore resulting in continuance. We want to make sure this comes to fruition this evening in a final vote. And so what we prepared was a covenant, which I'm going to give you a copy of here in a moment, which we have tried to do to utilize to incorporate as many of the concerns that we thought we could accommodate that were expressed at our meetings on both Saturday and our meeting this morning in my office. This body does not have the power to enforce covenants, per say. But I would hope, not hope, I'm telling you that these covenants should be considered by you to be commitments that Mr. Collins is making here this evening to induce favorable action by the this Council. And so to the extent that these covenants are not performed in the manner specifically set for, that is the time lines and in the manner is set forth, and there's a very specific timeline for those to occur, you would be able to consider those to be misrepresentations of the statute which would allow you to bring this matter back to rescind any favorable action that might be taken this evening with regard to that action. So we're not trying to embroil you into private covenants, but simply want you to know that these covenants are being shown to you this evening because these are part of the representations that we're making to you this evening to induce favorable action. Let me start with by passing out a copy of these covenants, and I'm not going to read them to you verbatim. I'm going to hit the highlights. As in most legal documents all the lawyer's stuff is on the first page. The real meat and potatoes starts on page two. So when you get your copy, if you'll turn to page two, I'll summarize these for you. Again, if you'll turn to page two, let me try to hit the highlights. Item #1 on page two involves the proposed structures. And what we are doing here is making it clear that #1, the new structures will be built pursuant to those designs, the floor plan, the site plan, the rendering that are made a part of the use and development commitment, and making it clear that, not
withstanding what it says in the use and development commitment about five units, the new structures will only have four units. We wanted to make that clear without having to go back and amend the use and development commitment. We simply set it forth in these covenants. The second item deals with 210 Washington Avenue. This is an existing structure. And a lot of the discussion that occurred on Saturday had to do with this existing structure.
Councilman Kiefer: Excuse me Counselor. Which one is that? Is that the one at the top left corner?
Les Shively: Your looking at 210 right there yes sir. Your looking at it from…you're looking east. One's an east…ones a view looking east, the other's a view looking north for all intents and purposes. Now I know two weeks ago you had a very enlightening discussion about preservation districts and things of that nature and I don't want to relive the highlights of that meeting of the 10th, but there are no specific design guidelines for this particular neighborhood. However, there are some folks in this area you'll hear from in a moment that have some concerns and some interest in seeing structures have certain design aspects to them that they feel are important for
this area. And so one of the things they wanted to make sure , #1 that we keep it to four units, which we've agreed to do. The second item had to do with the… Some of the folks there asked us to restore all of the original windows in the structure. Some of the windows have come out and are intended to come out permanently because of the reconfiguration of the interior of the structure. So what they wanted us to do was put back in the original windows and then make all of the windows, and I hope I can get this correct, single pane, double hung windows with trim around them, a box trim effect similar to how the windows apparently originally were in this structure. Paragraph two of this….regarding 210 Washington says that we will agree that all windows shall have a trim of a box style configuration and or shutters. Further discussion with Mr. Collins here this evening we want to add one more thing to….on the window issue. We would further add to this that the windows on the structure that will face Washington Avenue… I'll read it as I've written verbatim… All windows facing Washington Avenue shall be single pane, double hung, with box trim in the manner of the original windows on the structure. I know that's a lot of the's and of's, but I think it covers everything. So that is a last minute change if you will, which comes closer to what some of the neighbors want. Again, they wanted all the windows, original windows, put in in this manner and we're saying we'll do that with regard to the windows that will be windows on that portion of the building that faces Washington Avenue. And most of the homes, well you'll see some photographs here, but this would be consistent with the homes that are directly across from this structure. The other request that they made, do you see the area up there reddish, up here if I can (INAUDIBLE AWAY FROM MIC)…..yeah there you go. I learned something. Mr. Bagbey and I both learned something on Saturday, that's called a fish scale effect eaves. And so we've agreed that the fish scale eaves shall remain as it is to be consistent with the original design. In addition, we've acknowledged that the existing roof is a slate roof, which is black or gray. I guess it's more gray than it is black, at least from those photographs. They have asked that we agree that the roof shall remain, in the event of replacement or repair, that the roof shall remain black or gray. And the other thing that they requested is that we complete this structure not only in conformance with code but conformance with these representations before we commence any construction, new construction that is the 932 SE Eighth, and the 200 to 206 Washington Avenue. All right. The third item ,off-street parking. This is something that we started discussions on Saturday morning and continued the discussions this morning in my office. Essentially the folks do not want any, can you….Dawn can you show 935 Judson part of this? While she's getting to that, let me just tell you that we
had planned to put about ten (10) parking places on Judson. There you go. That's an unimproved area, it's green, grass, whatever. The folks asked us if we could to leave it green, not use it for parking, and we've agreed to do that subject to this. Number 1, subject to the approval of the Site Review Committee. They've asked us to move all our parking to Eighth Street. We think we can get it in our property along Eighth Street, and it would be subject to our ability to either get that approved through Site Review or be able to get a variance with the Board of Zoning Appeals. But assuming that Site Review approves that, moving all of our parking to Eighth Street and leaving Judson green if you will, or the Board of Zoning Appeals gives us a variance to do that, we're going to do that. We also told the residents so they can monitor the development of these properties that as you know before we …..even if you all were to give favorable approval here this evening, there are two steps we have to go through. We have to go the Redevelopment Commission and then we also, like any other builder/developer, we have to go to the Site Review Committee before we get an improvement location permit which is the prerequisite for any building permit. So with Number 4 we have put in here that we have agreed that prior to any submission to Site Review Committee, we'll give notice to all the adjacent landowners so they can come to Site Review Committee and give their input, or at least have this document in hand and the use and development commitment to make sure that what we've presented is consistent and also be a part of the process. Fifth, we have put in there a time for completion of the project. And we've also stated that if we do not…if this complete project including the two new buildings is not completed within five years of the effective date, that Mr. Collins or his successor in interest, will be legally bound to file a petition which will ultimately come before this body to down zone it back to its original classifications. The rest of the language in here is basically your standard language which includes enforcement provisions which allows for the recovery of attorney fees and costs, plus conjunctive relief. I'm sorry to take so long on that, but I…I…that really…. is the latest word in terms of negotiations with the neighbors. I know that is of paramount concern to you folks to know where that stands at this particular point in time.
President John: One quick question under Number 2.
Les Shively: Yes sir.
President John: Section 4 it says… when it's talking about the roof.
President John: Agrees the roof shall in the event of replacement and/or repair, remain black and/or gray. That does not mean it will remain slate?
Les Shively: They have not asked us to keep it slate. I think my client….
President John: Okay, okay, because you refer to slate up above and I just wanted to make sure there is a meeting of the minds here.
Les Shively: Yeah, I think obviously we'd like to keep that slate roof there as long as we can, but then there's.….they were explaining to me that there comes a point in time where that probably can't be done. That's what I think they were trying to recognize there's going to be a point in time where the roofs going to have to be replaced and it may not be slate. In order to be
consistent that's why that color was important to the folks out there. Any other questions before I move on to other items. Even though we've talked a lot about architectural matters and appearance, the real issue before you this evening is appropriate land use. And let me share with you some data which I think is very relevant to the appropriate land use. Several years ago….I think I mailed this to all of you but I'll give you another copy. Several year ago the Department of Metropolitan Development had an idea that they wanted to promote in this area total single family development. And the reality of it was, it just didn't work. The plan just wasn't, wasn't wasn't taking shape. And so I have given you this memo, which really is in reference to this particular project. And their initial review of it is that they have since amended their plan and found that apartment dwellings or multi-family is consistent with their plan for the development of this area providing that the density does not exceed twenty dwelling units per acre. And if my math is correct, I think that we are at a total of sixteen per acre, so we are below the level that the DMD would consider the appropriate density level. And again, I think that's important to note that that is consistent with the department's guidelines. As I alluded to a moment ago, a substantial portion of this property that's before you this evening is small lots, which you can't do much with, that are presently vacant, that are presently providing very little tax revenue. A lot of projects come before you, before this body, maybe not as many projects as you'd like to
see come before you, but they do come before you, and as stewards of the public treasury you are cognizant of the tax ramifications. Is somebody getting a tax break? Will this generate tax revenue, whatever? Well first of all, Mr. Collins is doing this as a pure straight out private, the old-fashioned way type of project. And presently the unimproved lots on this property…. This is data from the Pigeon Township Assessor's office. The properties at 935 Judson, 928 SE Eighth, 206, it says 2010 Washington that should be….actually it's 200 through 206 Washington. Today generate…those are all the vacant properties included in this request. They generate about $412.50 in property tax revenue. With the proposed improvements that would jump to….and that's based upon the current rate, I don't know where we're going on tax rates these days, but being conservative it would increase the taxes to $25,560.00 per year. That's a substantial jump in revenue. And I know $25,000 in one year isn't going to solve the School Corporation's problems or give you that much money to fix pot holes, but I'll tell you it's a start and it's a kind of thing that you all want to encourage especially in the near downtown area. Finally, appropriate land use, and you're going to hear from neighbors this evening and you are going to get their input. And certainly their input of appropriate land use is important to your consideration. But I think when you hear what you hear this evening you need to put that in perspective with someone who is, and I'm going to give you their remarks here in a moment in writing, with a person who was one of the pioneers in Neighborhood Associations, who's neighborhood speaks for itself, and I'm talking about the Bellemeade/Bayard Park neighborhood, Ms. Inez Vick. And I know Ms. Vick, she couldn't be here this evening, couldn't be here last week as well, she's talked to some of you Council persons one on one on this. She supports this project and this is someone who's record speaks for itself and someone who has rolled up her sleeves to make her neighborhood a positive neighborhood who has seen that multi-family and single-family can work well together. And she wholeheartedly supports this project and has provided this letter to be a part of the record. Again, let me just...and I appreciate you all bearing with me to give this presentation, but I thought it was important that you had all the information including the negotiations with the residents in the area. As I said before this is about appropriate land use. If you'll look at the staff field report, you see that the staff has noted that this is consistent with the comprehensive plan. You see the letter from DMD of September 26, 2002. This meets the density requirements. And although not binding upon this body, the Plan Commission has recommended approval of this request. We believe that this is a good
zoning request. We believe there is tangible evidence here that this thing is evolved from its original form back in August of last year to what we have before you this evening, which reflects a project that has embraced the concerns of the residents. Eighty-five to ninety percent of what they have asked for is here before you this evening. It's incorporated in the use and development commitment of covenants, plus you have before you a use that is consistent with every applicable plan for development of this particular area. I ask for your favorable consideration. At this time I would be more than happy to answer any questions you have about this project. Again thank you for your time.
President John: Thank you Mr. Shively. Questions by members of council? Councilman Bagbey.
Councilman Bagbey: Mr. Shively, did you have any discussions with the neighborhood folks on this subsection you added, I mean phrasing that you added to #2 in regards to 210 Washington Avenue?
Les Shively: No sir, in fact, I sort of put that together just moments ago after I saw.you there, Councilman Bagbey, and I talked to Councilman Kiefer and I talked again to my client, and I said this is the time to make…put your best deal out there and so he, just before we were called up here, he authorized me to add that to the proposal.
Councilman Bagbey: Let me, let me, let me use your verb, or your language…best deal. What were we doing Saturday? What happened this morning? Why do we come in tonight, amend it, throw some language out on the floor in the use and development commitment. The way I calculate when I look at the photograph of 210, your talking six windows. Now I've got a structure that's got six windows that are historically correct. This is some of the language on Saturday's meeting, historically correct, single pane, original size and style and then the rest of the building I guess facing Eighth Street and then back to the alley would be of whatever style. Why did we not talk to the folks that met us down here at Castle that met in your office today prior to doing this?
Les Shively: I don't think I understand your question. I think we listened to the comments there. We tried to between that time and today to try to put some numbers together and see what can be done and what's really feasible to be done on that particular location.
Councilman Bagbey: Okay, I was under the impression in telephone calls that I got, there was no consideration on 210 Washington Avenue after the folks met with you today on the windows. My questions of it is, you come in and Councilman Kiefer persuades your client and you that the only way I guess this thing is going to pass is you got to have a commitment on windows at 210 Washington. Which as you well know, and for the record, I thought Saturday I thought Les Shively did a wonderful, wonderful job, and I mean that sincerely. We come now and we've got a commitment, I guess, in my math looking at the structure ,six windows. My question is why were we talking to those folks back there prior to coming up here?
Les Shively: Mr. Bagbey I was only….I was….let me just tell you how the process began. I can only tell you what I can ethically tell you without getting into attorney/client discussions. I will tell you this much right now. I've been working….since I met with these folks I've been working it, if you recall after I left our meeting on Castle that's why I came back and I asked
Tim for some….there's emotion running, but let me just say this to you right now and I again I appreciate you being there Saturday because you helped keep us corralled and in focus. And I think we need to step back and look at the whole situation. I'm not meaning to exclude these people, I'm sure they will come up here and tell you what they like about what I just read awhile ago, what they don't like, okay they are going to tell you, they are not going to ambiguity. But if this rezoning is turned down this evening, there won't be a covenant. And there's nothing other than compliance with the building code that can be imposed on this structure. My point being is this is an opportunity to get some of these things done. Mr. Bagbey I can tell you…
Councilman Bagbey: Mr. Bagbey is no longer here.
Les Shively: Well Steve…Councilman I'll tell you I would have liked to have been able to have this whole thing done on Saturday and not had to work on it on Sunday and do all these drafts and facts here and there. But you certainly know that we're not doing anything at the last minute to exclude these folks. I just…I remember a lawyer once told me about how may cases get settled on the Court House steps and this Judge told me if you could bottle whatever that is and
the moments before you start picking that jury and spray it on people, you'd remove a lot of cases on the docket. And all I can say, it's sort of a variation of that theme happened here this evening, but it's certainly not….. And again, these folks are going to respond I'm sure, to what they like and don't like.
President John: Yes sir. Councilman.
Councilman Kiefer: I'd just like to add, since my name was thrown in there, the reason I approached the Counselor here and his client, because as I was walking into the meeting tonight one of the neighbors did approach me and said: "hey". At least this is the way I understood it. You know. The only thing holding this up is some discussion on windows. That's what's holding this thing back. So I felt like hey if that's the only thing holding this up and he's come all this way, well, I felt obligated to say something to Mr. Collins and his Counsel. That's how this came about.
President John: Well I don't believe that there was any criticism meant there. Nobody's going to criticize a Councilman for trying to work with the petitioner and the residents in coming together with something that they can live with. So I…don't…please don't take that wrong, I don't think anyone took that as a criticism of you trying to work out something that's mutually agreeable.
Councilman Kiefer: Okay, Thank you.
Les Shively: Any other questions?
President John: Any other questions for Mr. Shively? Do you have anyone else that would like to speak in favor of this petition at this time? I have three individuals that have submitted their names and they would like to speak this evening. Rick Smith. Good evening.
Rick Smith: Good evening. I'm Rick Smith. I live at 818 SE First Street. I'm President of Culver Neighborhood Association and one of the big problems we have with the windows, if you will look at the….I hope all of you still have all the photos that we gave you of the neighborhood homes. If you'll look at the one right next door to 210 Washington, that's 212 Washington,
you'll see what we're talking about with the windows. That's what we want. Those windows like that put back in. That house is original with its windows. We're not asking to go back and dig in the dumpsters to get the original windows out. We're asking him to meet the standards of the house next door. Meet the entire house, not just part of it. If you'll look on here you'll see that there's plywood boxed around these windows. Then you go downtown, we have worked hard in our neighborhoods to set about standards of appearance on the outside. A lot of people do what they want to inside, but we try to keep the appearance of the neighborhood. That's what makes our neighborhood what it is. If we go and we start butchering houses again like we did in the sixties and the seventies, we're going to cause property values to plummet. That's a fact. that's what happened in the sixties. That's what happened in the seventies. Now then we're going back and putting them in there. Talking about windows that aren't in rooms, that they are interfering with the floor plan. I can name you homes downtown where they have taken….. the door is still there, but when you go into the room there is no door. They dry walled over the door, but they leave the exterior there. That's what we're asking for, is that the exterior be saved and be consistent with the neighborhood. You wouldn't want it in your neighborhood for someone to come in and tear down and destroy a home next door to you and destroy your
property values. We don't want that to happen to any of our properties downtown. Property values downtown are going up. They are going up faster than any other part of town. You cannot buy a house on First Street or Riverside or Second Street for the prices that young people need to get in and redo these as single-family homes. They are doing it on Washington now. We're moving from First Street to Riverside to Second to Third, now Washington. So don't destroy our neighborhood.
President John: Are there questions for Mr. Smith. You listened to the proposed covenant. Does that change your stance any and I take it as opposition to this zoning, but…?
Rick Smith: Well there's a couple of things in there….. I got this an hour….well when I walked into this meeting. I had not had time to really go over it. It was…I was supposed to have gotten it earlier today. There was some other people it was supposed to be faxed to and no one got it, or very few people got it beforehand to look it over. I'm not sure exactly what was worked out back in the back room with the windows. I just did not understand…it wasn't in writing and I just didn't understand, and for that reason alone I would reject this for taking on something that's not in writing. And this is our last night to deal with this. It's got to be voted up or down tonight, and I would say reject it because it's not in the writing.
President John: Thank you. Are there any questions for Mr. Smith? If not, we have Torey Suggs. Good evening.
Torey Suggs: Good evening Councilman. My name is Torey Suggs; I live at 216 Washington Avenue. I'm at the corner house from….you can't really see from here. I only had a couple of concerns, which were the same concerns from the very beginning. I have two small children. I have a three-year-old son and also a sixteen-month-old son. So my concern is Mr. Collins is stating that he's going to build two-bedroom units. We are the two-bedroom units, where are the children going to play. All he said is parking and housing, that's it. Okay, I have plans to change the back yard of our house so that my children have a playground there. When we first lived at the property, there was kids outside playing on the streets and everything. And we all had some concerns. I was like, you know, they are in the street all the time, but then the more we looked at the home the more we looked at the neighborhood the kids were out there playing
basketball. They were playing football in the property behind my house that Mr. Collins wants to make a parking lot. He said ten spaces. It's not large enough for ten spaces. The children play there, you know, all I want is something safe for the children. That's it. You know, yes there's drugs in that area. I can't stop that. I would like to stop that but I cannot, okay. My other concern, which was the same concern before, was Mr. Collins has told us about no maintenance staff, how he's going to keep up the property. Everything is "I'm going to do new". New…new….new what? But how are you going to keep it up, okay. It's just him. And it's keeping our property up. I have my husband, I have my father-in-law who is a licensed plumber, I have my uncle who has a license….construction. We also have another property that we own further down on Judson Street that it takes all of us to take care of it. He could not explain to me how he's going to do anything. Everything is just I have the money we're going to do it. I want to know how are you going to keep it up. Are we going to be back here in five (5) years and say: now the property has run down. I need more money to fix the property. And as far as this covenant, we did not agree to all this. Mr. Shively said its going to be in five years. We said three. We said put the windows back, you know, to change the windows…it's no, and then you come up then afterwards and say now I'm changing it. Everything that he's told us, it's not
doing what he says he's going to do. And that's all we keep hearing. It just keeps changing. You asked us to meet with them. We did that. We just keep doing everything we're supposed to do and nothing is changing here. And I just want a safe place for my children. And bringing in more housing and discriminating against folks, I just feel it's not right.
President John: I didn't take it as this is something that you had agreed to.
Torey Suggs: No.
President John: It was more of this is what he was offering is the way I understood it as it was presented. So are there questions for Mrs. Suggs? Thank you.
Richard Jewel: My name is Richard Jewel. I live at 212 Washington next door to the one that you can see that the windows have been…or see the windows, the size. In March of last year I had the outside completely redone, new siding, gutters, downspouts, storm doors, the whole nine yards. Spent a lot of money a lot of time and I went through eighteen contractors trying to find one. One that would come in and do what I asked which was to trim the windows out properly, cover them with aluminum or vinyl on the outside to make the windows look just like they do. I wanted to keep the entire integrity of the house. I could not afford to paint it for the fourth time in sixteen years. And we met…we've tried to work something out. I feel that the neighbors gave in on a lot of concessions to him to try to get this worked out. And tonight after seeing the covenants, some of it we agree to, but there been….some of it there's not. And having two attorneys on this board if you were to read it you'd find there's a lot of loose open ends in there covenants. 210, that was three units when I purchased my house in 1984. And it was three units up until Mr. Collins bought it and started redoing it last year. It's now four. And its been just an…the house has been totally devastated. The windows have been boxed in, boarded up. And actually some of these that you're seeing here there's a lot more windows that have been boxed in and closed up then what is shown in these pictures. And work continues to be done on a daily basis and….but most of it's done on the weekends. And I know it's not in compliance with code because it's not zoned for that zone.
President John: Are there any questions for Mr. Jewel? If not, thank you. Is there anyone else in the audience that would like to speak either in favor of or in opposition to this particular zoning? Mr. Mills do you have any comments that you'd like to make regarding this particular zoning?
Brad Mills: I would just like to point out that in the use and development he did stipulate to the drawings, to the floor plans, and to the site plan that was submitted in your packet. And if he doesn't conform to that, then he will have to come back before you to get a modified site plan or floor plan approved.
President John: Councilman.
Councilman Melcher: Was there a permit taken out or anything on him changing it from a three to a four?
Brad Mills: It's not in compliance for it being modified from a three to a four. It wasn't zoned for that. It was a legal non-conforming prior to that, but he's trying to get it rezoned so he can have four, but he started construction without getting approval from us.
Councilman Melcher: Okay, thank you.
President John: At this time I'll give Mr. Shively an opportunity to respond and then I will give the remonstrators an equal amount of time to respond to what you have to say and then we'll call for a vote.
Les Shively: Mr. John I'm not familiar with the procedure you are employing here this evening. Usually the petitioner carries the burden gets the last word. I didn't realize we were going to a different procedure here this evening.
President John: Well we'll be happy to give you one after them.
Les Shively: Thank you sir. First of all I want to make something clear, that I guess start with Mr. Jewel's comments. I worked very hard today at putting those covenants together. In fact, the language and the format of the language is from a format that this Council saw before it in May of 2000 in regard to the Burkhardt Road rezoning. And I can assure Mr. Jewel that there are no ambiguities. There are no loopholes, I think is the word he used. And as I represented to the folks this morning, Mr. Mills, that is Tim Mills not Brad Mills, Tim Mills asked me to fax a copy of it to Marco DeLucio which I told him I would do before 1:00. It got to Marco at 12:50 at the same time was sent to Mr. Jewel. (UNKNOWN) works for a law firm and I did not, this is the first time I've heard about any loopholes. It's not the intention of making loopholes. It's trying to put in language that meets the concerns of the neighbors. I want to respond to Ms. Suggs comments and maybe, again, I want to make sure she understands. We met on Saturday. One of her big concerns was parking on Judson, and I heard her mention that again this evening. These covenants prohibit us from using Judson for parking. And we've listened to her, and it 's going to be green. And it can be used for children playing or whatever, her kids, or kids that live in the apartments. So we did listen to her and listened to her very carefully. In fact, it was at her suggestion along with the other comments that motivated that to be placed in there. If this rezoning is not approved, 210 Washington goes back to three units. It's still legal non-
conforming multi-family. But there won't be any changes to the façade. I know Mr. Bagbey doesn't like these last minute changes, but let me.
Councilman Bagbey: I think that's incorrect. That's your assumption.
Les Shively: Okay, well let me….at the risk of maybe, and I don't want to get this more complicated, may only make it less complicated. Having heard the comments of a few of the folks that spoke, let me suggest this change to Number 2: That all of the windows, not just those on Washington Avenue, all the windows shall be single pane, double hung, and box trimmed in the manner of the original windows in the structure, along with the fish scale eaves, the color of the roof, all those things that are already set forth in the covenant as to 210 Washington. Again, if rezoning is not approved, he's not required to do any of that. But if this rezoning is approved, he not only has to do that, but he has to do it before he can start any of the work on the two new structures. I don't think there is any question that we have listened to the neighbors, and this plan before you this evening incorporates many, many aspects of it, not only the use and development commitment, which Mr. Mills had just explained to you again, and the covenant. All of these are there because we've been listening to the neighbors. And we continue to listen to the neighbors. And, in fact, the covenant provides that we are going to listen to them some
more when we go before Site Review for the procurement of improvement location permit. This is good zoning. Now what I've heard is some people don't, you know, would like to see certain things happen, and I applaud all those folks that have been pioneers in that particular area. But the reality of it is if you look at your zoning map, the location map, there are mixed uses. There are commercial for gosh sakes immediately adjacent to this area. It's mixed uses and unfortunately it's going to be mixed uses for some time to come. And your Department of Metropolitan Development has said that residential development consistent with residential is low density multi-family. That's what this is. It meets all of the criteria. It is good zoning. No question that Mr. Collins has made a significant commitment, but it's something that he doesn't take lightly. Remember the process began in August of last year. It's culminated where we are this evening. This is a good plan that has involved a lot of people, a lot of professionals, a lot of elected….some elected officials, not a whole lot, but some elected officials and your attention. And we believe a vote yes for this project says several things. It says that when a project comes before this in this particular area that evidences (TAPE RAN OUT). Adds to and improves and enhances the tax base. We're going to encourage that activity. We are going to make you jump through some hoops to get there, but once you do that we're going to encourage that, and we're going to endorse that. And it certainly doesn't say you're ignoring the neighbors because you have in effect forced these commitments to come to fruition, and it shows that your ears are wide open to these folks, and also that you are committed to good quality development in downtown Evansville. We strongly urge you to vote yes for all of those reasons.
President John: Are there any questions for Mr. Shively?
Councilman Melcher: I do.
Councilman Melcher: Mr. Shively, on the one about the property on Judson you've got it in here that it will stay green space but Site Review could change that.
Les Shively: Site Review….
Councilman Melcher: Or are you taking this piece of property off the table as far as Site Review. And if you need more parking you'll do it over the other two apartments. But…
Les Shively: We think….we're pretty certain and we assume the residence were helping me eyeball it today. We're pretty certain we can get all of our parking over there on Eighth Street.
Councilman Melcher: But if you can't.
Les Shively: If we can't, then we'll get a variance. And these folks have indicated to us that they will be right there to consent and show their consent to the variance, which I don't think it's going to be that difficult of a situation, mainly because so many of those properties down there don't have much off-street parking to begin with. And so any bit of new off street parking is better than none at all. And when I think you have the adjacent property owners saying: 'Yeah, we'd rather see this man have a variance and leave 935 Judson as green space". But again, I can't put in the covenant saying we agree to break the law, because if the code for some reason puts us in a position that we can't meet our off-street parking requirements without a variance
then we need to put that in there as well. But we are going to take those steps to do that because we want to leave…we want to listen to their concerns and make that a reality, leave 935 vacant and green.
Councilman Melcher: No I understand that, but if you…he didn't own that property he was trying to build these apartments you'd have to come up with parking.
Les Shively: If he didn't own that…..
Councilman Melcher: On that one lot on that street. The other…I guess…..
Les Shively: But, but, but again I think that there's…..he, he, yes that's probably right. I think that one reason this plan called for probably using Judson for the parking is it was probably a little easier to lay out because of where it sits in proximity to the alley off of Judson.
Councilman Melcher: Do you know when he purchased 210 Washington?
Les Shively: Steve when did you purchase that house?
Steve Collins: I had a contract (INAUDIBLE).
Les Shively: But when did you enter into the contract.
Steve Collins: February of last year.
Les Shively: February of 2002.
Councilman Melcher: Then when did he start doing the remodeling?
Steve Collins: (INAUDIBLE) February
Councilman Melcher: So you started a year ago today. And the house is in the condition it's at right now. Okay, thank you.
President John: Councilman Angermeier.
Councilman Angermeier: I think the Councilman asked questions that I wanted to know. If it were a three unit back there in the 80's when the adjoining neighbor to the east had at that time, I dont know how much remonstrators or how much defiance was on the part of the people, but when I looked at it I saw the optical illusion there that it was fitted up with an outside stairway and many other changes there that would not be indicative of the property on Washington. If you can't park the cars in conjunction with what was said awhile ago, park the car back there you'd be parking them someplace else. I think that there are many multiple units within the houses along there, and before the purchase of this property right here I'm sure the that the gentleman that bought it, or sold it on contract, anticipating making it a four unit long before he filed for the rezoning. And maybe that was a contempt of something that he done it well before he got the permit to do it. And you are asking us now, asking this Member of the Council to believe that these changes will be made because that you have specified them. And I think the
principle objection on the part of the people that were here tonight and at the last hearing of the City Council would like very much to have it returned and restored back to what it was at the time he bought it. I'm not in favor of making anyone of those houses a four-unit duplex, or a three room…three-unit duplex. I know there's a lot of two-unit duplexes along Washington there, and I know the name of the game of owning property like that is making money. Paying for the expenses of restoring to whatever it is. But I think there's a procedure in government you ask for that permission before you get involved and spend a lot of money. The only thing of it was omitted this time because for some reason or other he thought it could be passed through without any objections or without the neighbors being attentive, or coming to the Council as a last resort. I think I've indicated that for the three years I've been on Area Plan Commission that my main intent was to protect the rights of residential properties, and I didn't want any blocking or breaking it up by multi-units. And I think that is a beautiful corner and having been a property owner in that area for awhile, I too would like to see it as it was twenty or thirty years ago. And it was mentioned awhile ago that the property values are increasing very rapidly on a restored basis and restoring it back to the point that they had bought it or it was built originally. Counselor, I think you and I have talked in different terms from time to time at Area Plan Commission as well as here. But I think it's an interesting point in government when the people come to this Council and ask for protection. This is the only body that they can come to. And I know some of the people are on the so-called governmental unit that you talk about and they have a different opinion and they vote differently. It's an appointed body. This is an elected body, and I think that we deserve the attentions of these people and to represent them in this so-called zoning. Mr. Counselor, as I told you before, there is no denying I think was echoed by the Councilman over there, and I think you do a good job.
Les Shively: Thank you.
Councilman Angermeier: And I would think these people leaving here tonight that they would say the Council did a good job. Thank you.
Les Shively: Mr. Angermeier, I know there wasn't a question there, but there's a couple of things that I would like on behalf of my client to at least clarify for the record. And Number One that if you say that you want the corner to remain as it was twenty-five, thirty years ago then we better find that structure they tore down because the corner is vacant. The other thing that I would point out is the fact that…Steve erroneously operated under the assumption that the multi-family legal nonconforming allowed four units. It doesn't. It only allows three units. And he understands that when he was make….that's why that that request and that rezoning is included as part of the package here this evening. But he also understands that if this rezoning is not approved that he will be required to go back to the legal non-conforming status of the three units. So I don't….I don't think he would go to all the trouble and jump through the hoops that he has jumped through if he was trying to circumvent this body, Mr. Angermeier.
President John: Thank you. Councilman.
Councilman Kiefer: I just want to make sure that it's clear that if he states,… and I want to ask the Counselor here John Hamilton, if he states to this City Council that they are going to replace those windows to meet those original standards and doesn't, then the Council would have a right to react to that because we would be voting under the assumption that he was doing that.
John Hamilton: Okay. Well, really what you need him to represent, and I think he's represented it, is that he will enter, his client will enter into this covenant. He's made some other verbal representations that he's going to include in that covenant. That was my understanding.
Councilman Kiefer: Uh-hum.
John Hamilton: So what he's representing to Council is that covenant will include those representations, it will be recorded, and that's the only thing this Council can enforce. In other words, once that covenant gets recorded with all the representations that he's made then the Council is done so to speak. Then later if those covenants are breached, the owners have the remedy to enforce the covenant so…. What you need to make clear is what's going to be represented in addition to what's written in the covenant.
Councilman Kiefer: Okay. I just wanted to Mr. Shively to clarify that so we know that it's represented to us.
Les Shively: Yes, and I am trying to find out exactly where this is in the document itself. But…. The last item states under effective date, the covenant shall take effect upon the adoption of the amended Ordinance and shall be recorded in the office of the Recorder of Vanderburgh County Indiana within ten business days after such adoption. So, if this covenant, with the verbal changes that were stated for the record this evening, would not be recorded within ten days of the effective date, which would be February 24th 2003, then this body under Indiana law, has the right to bring this back and reverse their decision and basically rescind the ordinance rezoning the property.
John Hamilton: That's correct. And that's the extent of Councils involvement. I mean six months down the road if he doesn't do something in that covenant, Council doesn't have the remedy, the owners do.
President John: That's correct. Councilwoman.
Councilwoman Robinson: Mr. Shively, help me understand this. If this is passed tonight, he will work on 210 Washington. He'll make improvements to 210 Washington?
Les Shively: First.
Councilwoman Robinson: Okay. If it's not passed, what are his intentions to do with 210 Washington Avenue.
Les Shively: He'll finish up what work is in progress now in order to be able to utilize it in it's legal nonconforming status as a three-unit multi-family….
Councilwoman Robinson: So he wouldn't do any changes with the windows or anything?
Les Shively: I mean he's got to complete the structure, he's got to complete the work, but if
John Hamilton: He would not be bound by the covenant.
Councilwoman Robinson: That's what I'm saying. What I'm saying, in good faith effort, would he do anything with the windows?
Les Shively: I don't want to be facetious, but I mean, you know, I…. There's been a lot of negotiation going on here, and I think that he has made representations what he's prepared to do on this particular property if this rezoning is approved subject to the use and development commitment of the covenants. What incentive does he have…? I guess the only incentive he would have to do that, and I can't speak for Mr. Collins, you'd have to ask him. I suspect if to do that in the hopes that maybe a year from now he could come back with this project, I don't know. I don't know what Mr. Collins' intentions are if this is not approved. All I know is that as part of the give and take on this in this process that he made the representations to do this work to 210, to do it first before he starts the new construction. And that's all I can represent. I've never discussed with Steve what's going to happen other than I said: "Steve if it's not approved you are back to three units." That's the only thing I've ever….discussion Steve and I have ever had. I'd be speculating, Councilwoman.
Councilman Bagbey: Could I have Mr. Mills, Brad, no Tim, Tim Mills. I'm sorry.
Tim Mills: I'm Tim Mills.
Councilman Bagbey: On Saturday, my notes reflect when we were talking about the windows at 210, which was a point, there were two points. One was the parking, and the other one was the windows, single pane, historically correct, original size and style. Now, that's what I hear now from Mr. Shively on behalf of his client.
Tim Mills: Single, actually its single pane, double hung.
Councilman Bagbey: Oh that's right. I remember we were talking about that.
Tim Mills: What that means is it's a solid pane. It can be…..it can be the new windows, which are insulated windows. It can have two panels together, but it can't have like what he has there is actually a 12-panel window. So it would be a solid window on top and a solid window on the bottom in the old fashion, which they make windows like that brand new today.
Councilman Bagbey: The question I have for you because you have the property at 213?
Tim Mills: Yes.
Councilman Bagbey: Okay. With that representation tonight on Council amending this use and development, what is your comfort level?
Tim Mills: My comfort level is still shaky. I like the agreements that have been made, but where we run into a problem is…is if he doesn't finish this in the time frame that he says he is, then we as the residents have to go out of our pockets and sue. And now he's got in this covenant that if we sue him and we lose, we have to pay all his fees. And where that runs into a problem is you have homeowners that come, go, buy, sell their house. You have say for instance there's what
five adjacent houses that are really the ones in question here which are all at this present time single family. What if, you know, someone else moves into that home and now are they legally bound if the other neighbors sue, are they legally bound with that in paying his fees, if for some reason they were to lose that. But the intentions…Les, he really has, he's bent over backwards to try to work with us. It was kind of disheartening today when I spoke to you at 2:00, I spoke to Les and he said Mr. Coleman said no way on the windows, and he said no way the whole time, and now he's coming at the last minute saying I'll do it. It makes us wonder what his real intentions are. And, you know, if it's all…if all of what we're seeing here is legal and binding, I'm not opposed. But we run into another issue here on the parking on Judson. Just as he answered your question. If you read that covenant, it says subject to. If he doesn't get approval on that Eighth Street, he's going to go right there on Judson and put his parking. Because #1, he does not have enough space in a 25' or 27' lot for say he's got four units in that, he need six parking places. There's no way you can put six parking places in a 25' width lot. So there's some things that need….I think that needs to be a solid thing. If he….he needs to put that house back like he says he's going to do first. And the Judson property doesn't need to be "subject to". It needs to be out of the deal completely. And then we will work with him like we said on Eighth Street to support him to get it re-approved. That was part of our agreement. But there's still things in that with this "subject to", gives us a shaky feeling, because things have changed. I mean they have changed…they've changed up until tonight.
President John: Council Members I'm a little reluctant to sit here tonight and try to work out a covenant regarding windows and I mean we've got two alternatives. We can vote and approve it tonight. We can vote and turn it down tonight. And in the event we turn it down and there is a covenant that they come to an agreement on, we can always bring it back up by one of the members that voted no making the motion that it be reconsidered. I can see where we will be here all night if we're going to try to work this covenant out to everybody's satisfaction.
Councilman Bagbey: The reason for the question in asking Mr. Mills to come up, because in that Saturday meeting this was a….as Mr. Shively has reported accurately, a real touchy situation.
And as Mr. Mills states in telephone conversation with me today and this afternoon, and also when I talked to Councilwoman Robinson later, there was nothing acceptable at that point. And that's why, you know, I was… and again it was not criticism at you. I was just, you know, thrown a slider, so to speak, and wondered where…. what happened in the interim. I understand where you are coming from. I concur with you where you are coming from, and I guess right now the nine of us will make a decision and we'll go on with it.
President John: Let me ask you. It seems like one of the focal points is the windows here. Is there a belief on the neighborhoods part that this is an important part of the particular property and it has an effect either adverse or complimentary on the values of the surrounding properties?
Tim Mills: It does. I purchased the property across the street back in May. And we have converted that home back to single family. Just by converting it back to single family and leaving it historically correct, it has doubled the value of that home in this short a period of time, and we are not completely finished with restoration on it. We had it reappraised three weeks ago. It's doubled itself in value. Now if you take a property and say across the street and that…you know, with those windows and all, because people who move to a historic area, if you don't understand, they like the things around them to be historically correct too. That's why they move there, because they like that neighborhood. I'm sure certain of you live in neighborhoods
that you moved to that neighborhood because you liked, not only your home, but the way the surrounding homes look. So it's very, very important for that home to represent the surrounding homes.
President John: Is there a concern that the density will have any affect on the surrounding properties, or is that not a concern?
Tim Mills: That it does affect. And one of the reasons the home that I have has doubled in value in that short of period of time is because it went from a three-plex to one, because multi-unit dwellings downtown will not appraise for the same value as a single family home. I have several homes in that area and that's what I do. I buy homes that are multi-family and work on converting them back to single family. And your investment.… And you know you talk about taxes, you get more taxes on a $200,000 home or a $45,000 home. You know, and if you destroy…you destroy a neighborhood and you keep everything to where it's going to stay in that lower income bracket, you destroy your tax base there.
President John: Thank you. Questions for Mr. Mills.
Councilwoman Robinson: I still have a question for you. Let me look at this scenario. If we turn it down it's a possibility that the neighbors they won't get anything. But if we pass it you at least have this covenant where you were talking about the windows, and you got the trim in the box, you know, so….
Tim Mills: I think….
Councilwoman Robinson: Isn't that what you want.
Tim Mills: I think they are giving what we want, and my thing is as long as we know, or I can only speak for myself, as long as I know is what has been stated here tonight, on record, is going to end up in that covenant. And if that is what's going to happen, I am not opposed.
Councilwoman Robinson: Okay, at this time if it's not out of order, Mr. President, I'd like Mr. Collins…..
Councilman Kiefer: Yeah, that's what I was going to ask.
Tim Mills: Thank you.
President John: That will be fine. Mr.Collins, welcome.
Stephen Collins: My name is Stephen Collins.
Councilwoman Robinson: I guess Steve, I haven't been able to attend any meetings but I have been in communications with the neighbors individually. And I guess you don't have an incentive to do anything if this is turned down.
Stephen Collins: That is correct.
Councilwoman Robinson: But, are you willing to live up to this covenant if this is passed tonight.
Councilwoman Robinson: Thank you.
Councilman Melcher: I've got a question. I've got a question then. To back up that question why would you not want to do something with this house if we turn it down? I mean you've been a year on working on it. Would you chastise anybody? You holding this house hostage?
Stephen Collins: No
Councilwoman Robinson: I think…I think Councilman Melcher what I mentioned let me clarify that. I meant to go the extra expense of restoring the windows back to their originality.
Councilman Melcher: Okay.
Stephen Collins: That was my understanding. Everything is up to code. All new electrical, all new plumbing. Everything has been up to code and it has been inspected by the City.
Councilman Melcher: Okay, but if it gets turned down tonight are you going to go ahead and keep this…take it back to three and keep it up to code and clean this property up?
Stephen Collins: Yes sir.
Councilman Melcher: Thank you.
President John: Councilman did you have a question? Councilman Watts. Any other questions for….for either the petitioner or the remonstrators.
Councilwoman Robinson: I guess Mr. President we can ask the…. this originally the remonstrators how many are in favor of this? If they would please stand.
President John: With the covenant that has been presented…. First of all let me ask this. How many in the audience are here to remonstrate this particular zoning? Would you please stand?
How may are here in support of it? Thank you. Now, after reading the proposed covenant this evening it has changed another remonstrator's mind, am I to take that? Does that answer your question, Councilwoman? There being no further questions the chair would entertain a motion.
Councilwoman Walden moved and Councilman Kniese seconded the motion to adopt
Ordinance R-2002-29 and call the roll.
Ayes: Kniese: I've tried to be very consistent and fair with other zoned properties in the area. I've tried to do my best to keep everything in perspective. I always look at properties if the zoning request is appropriate for that particular piece of land.
I've tried to look at what the Area Plan Commission has stated. I think they do…they have a job to do and they do it well. But what really I think is helpful for me is the covenant that came before us tonight. It appears that Mr. Collins has tried to answer all the questions and concerns of the adjacent neighbors so I feel very confident and comfortable with the request for this zoning. So I vote aye.
Bagbey: Very perplexed, very perplexed. Councilwoman Robinson and I offered to mediate. Come before us tonight and additional things are added. I asked Mr. Mills to come up and Mr. Mills what I heard he's somewhat okay. If we turn it down then we're left with what you see now. And I think, and it may alienate some of the folks out here in the audience, but I think there has been a good faith effort. And therefore I will vote aye because I think this covenant does protect and does provide the assurance that I heard on Saturday and that I've heard again today. And now I understand Mr. President we can't sit up here and negotiate covenants all night, but I've got to live with that guy in the mirror and after what I've heard tonight, I am saying aye.
Robinson: This is a very difficult situation. I came in here tonight prepared to vote against this. After hearing all the information and after receiving this covenant, I, as Councilman Bagbey, I have to be able to live with myself therefore I vote aye.
Koehler Walden: I feel that based upon the fact that this meets the comprehensive plan compliance that's something that I have always looked at. I do feel that this is not going to be single-family so if you've got to vote against tonight it's already rezoned….already zoned R-3. And the fact that this covenant came in which seems to give everything and the protection which maybe we don't realize yet that you need I'm going to vote aye.
Watts: Mr. Shively, I will commend you for your work on this project. This is a tough one and the thing that it came down to with me is everything that the neighbors seemed to ask for I have good faith in yourself and Mr. Collins that the
things that you have guaranteed are going to happen. I think with the changes that it helps the neighborhood, it helps the home, it's going to be a better looking home. It's going to fit in with the windows, so I hope that you live up to and Mr. Collins lives up to everything he's agreed to and with that I vote aye.
Kiefer: Coming into the meeting tonight, you know, I was asked to vote no on this because they would not accommodate the windows. I told…I conveyed that message back to Mr. Collins. Mr. Collins said he would accommodate those windows. And as the other Council Members stated earlier that, you know, he's, he's given in on all the points on the covenant. That makes me feel comfortable enough to vote aye.
Nays: Melcher, Angermeier: Zoning of a particular piece of property whether it be a this location or another one sets a very dangerous precedent. It opens a flood door and it allows other people within the area to use this as an example. And I thought we talked about preservation of the property. (APPLAUSE) I didn't think about something as an accommodation and I just have to tell you that I vote no.
John: I'm just a little concerned that we get the covenant, you know, at the twelfth hour with some major changes and no opportunity to review. And I was going to
be willing to be the first one to bring it back up in the event that it didn't pass. It has passed but because of the late hour of this I'm going to vote no.
There being six (6) ayes and three (3) nays, Ordinance R-2002-29 is hereby declared ADOPTED.
FINANCE COMMITTEE CHAIRMAN ROBINSON: The Finance Committee met on Ordinance F-2003-1 as amended and comes before you tonight with a do-pass recommendation. We also met on Ordinance F-2003-2 and it comes before you with a do-pass recommendation.
Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt the Committee Reports and move these Ordinances to Third Reading. Voice vote. So ordered.
There being no further motions, these ordinances are hereby moved to Third Reading.
Is there a motion to adopt Ordinance F-2003-1 and call the roll.
Councilwoman Walden moved and Councilman Melcher seconded the motion to adopt Ordinance F-2003-1 and call the roll.
There being nine (9) ayes and zero (0) nays, Ordinance F-2003-1is hereby declared ADOPTED.
Ordinance F-2003-2 and call the roll.
There being nine (9) ayes and zero (0) nays, Ordinance F-2003-2 is hereby declared ADOPTED.
President John: Does anyone have any item under miscellaneous? I just have one. Councilman
Councilman Angermeier: Last week this Councilman Kiefer and I attended one of those drainage boards, and it's very informative. If the Council has an opportunity to vote on anything I recommend you spend that on flooding that exists on the eastside and the northeast side. At the present time we're told that the homeowners are paying an absorbent amount of flood insurance because of the failure of the City to provide adequate drainage within that area. If there's any changes in the funding of anything, I think the people of the City of Evansville come first before taking and allowing other people who will promise the moon to us and may very well fall flat on their face. The Councilman over there he kept notes and I'm going to depend on the professional, the County Surveyor to provide me with the factual information when they proceed with the program.
Councilman Kiefer: I'd like to add to his comments. I want to commend Roger Lehman from the, you know, the Building Commissioner and the County Surveyor, they did a great job. Basically, what was going to happen was FEMA and DNR passed, you know, they did a study and said: "hey you're going to have to raise the flood elevation, one hundred year flood elevation, which would have cost every resident, every business, on the eastside of Evansville thousands of dollars". I think it was $9,000 a year increase in insurance for a home that averaged $180,000, or business. And so there was going to be tremendous cost but those two gentlemen said hey, we're going to do a study that…and we're going to see if your study is correct and their study was….said no, their study was incorrect and it seemed pretty conclusive. They had several of the engineering firms local here. And one thing I thought was pretty neat was Roger Lehman was able to raise the money to pay for the study from private donations. So I just wanted to publicly commend those guys for doing a knock out job saving us some money on that study.
President John: Thank you. Any other Members? Something curious happened the other day. I was on the eastside driving on Burkhardt at Lincoln. And Councilman, I don't mean to step on your Ward, but I recalled that, I think it was last July as I recall, we got a note from the Mayor chastising us for delaying the appropriation of some money for a street light. And so I did a little research, or had the Clerks help me a little bit. And it was actually dated July 22nd, and it stated: "I was disappointed that at the July 15th meeting of City Council it chose not to move forward on the Administrations request for $120,000 for a traffic signal at Lincoln and Burkhardt Road. It is
very disturbing to me and to the residents and motorists of the far eastside neighborhoods that they must wait and additional three weeks to have the light ordered simply because City Council Finance Chair held Finance Ordinance F-2002-14 in Committee last Monday." Well, I looked at the intersection and we still don't have a light and that was six months ago. So I don't see where the two to three weeks that we held up financing had anything to do with the construction of that light. And maybe it's time we sent a note to the Administration asking when we can expect the light to be installed since the appropriation was done on I think August 5th, so I'd assume that there has been plenty of time to obtain that light.
Councilman Kniese: They've actually did all the engineering studies and they've started construction already. They've plotted the land.
President John: I saw the poles…or the posts rather.
Councilman Kniese: Right. And of course I'm sure lately with all the snow that hasn't helped them out, but it is scheduled I believe to be installed by the end of March. I talked with the engineer and traffic planner with that intersection.
President John: I would hope that you would agree the financing didn't hold this project up.
Councilman Kniese: I'm just glad to see something going on out there.
President John: It's desperately needed. (Unknown person talking in background). I thought I ought to bring it up because I felt that you may not want to.
Councilman Kniese: I appreciate your concern for my Ward.
President John: It's my Ward too.
Councilman Angermeier: Mr. Chairman, one more question here and maybe it can be answered in a hurry. It almost at the beginning of our meeting I was handed this information and I don't know where it came from, but I certainly want to thank them for getting the information together and handing it to me. I hope I get another call from David Heller because I'm going to quote this article right here.
President John: Thank you. Any other matters to come before the Council this evening? Committee Reports, Finance Chairman
Councilwoman Robinson: Nothing scheduled at this time, Mr. President.
President John: ASD Chairman, Councilman Angermeier
Councilman Angermeier: I think I have a Committee hearing next meeting night.
President John: March 3rd, 6:15 on the EPA Ordinance. Public Works Chairman.
Councilman Bagbey: Nothing at this time sir.
President John: Thank you.
Councilwoman Robinson moved and Councilman Watts seconded the motion to adjourn. Voice Vote. So Ordered. Meeting adjourned at 8:25 p.m.
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Programs & Services
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Why The Video Looks Shaky (Don Ward)
Updated: 7:06 PM - We did a quick helicopter tour of the Black Forest burn area. Someone asked why the video looks shaky.
Police say it was "something of a miracle" that there weren't more deaths and injuries when a helicopter fell on a crowded street in central London today during morning rush hour.
The helicopter had crashed into a crane before falling to the street, sending flames and black plumes of smoke into the air. Officials say the pilot and one person on the ground were killed and 13 others were injured.
The crash took place in misty weather just south of the River Thames near the Underground and mainline train station at Vauxhall, and near the headquarters of the spy agency MI6.
One person has critical injuries.
Officials at the nearby London Heliport say the pilot had requested permission to divert and land there because of bad weather.
Thousands of pedestrians were in the area at the time, trying to get to work. Witnesses say they heard the helicopter hit the crane.
One man says he was "100 percent sure it was a terrorist attack." He says, "There was debris everywhere," and that "people were just panicking."
KKTV firmly believes in freedom of speech for all and we are happy to provide this forum for the community to share opinions and facts. We ask that commenters keep it clean, keep it truthful, stay on topic and be responsible. Comments left here do not necessarily represent the viewpoint of KKTV 11 News.
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powered by DisqusUpdated: 7:06 PM - We did a quick helicopter tour of the Black Forest burn area. Someone asked why the video looks shaky.
Updated: 05/20/2013 - Two weekends left to catch one great show!
Updated: 05/14/2013 - I'm still focused on meeting my goal of doing a pull-up. And I'm almost there! But I'm always getting this question:
Updated: 04/17/2013 - Crossing the finish line is such an awesome moment. It's hard to imagine what it has been like for the runners in Boston.
Updated: 04/09/2013 - Admittedly, there are days that I just don't feel like working out. But then I met Viola. And if she can make working out a priority at 99, then none of us have any excuses! Here's how she's living a FIT LIFE:


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Manicure Monday: How Do People Get Those Dots On Their Nails?
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Tuesdsay, June 18th, 6:00 pm
Edgell Memorial Library, 3 Oak Street
Feature Presentation: Mr. Selfridge and Mr. Dennison… a Friendship and Business Partnership
Recently discovered correspondence between Mr. Charles S. Dennison and Mr. Harry Selfridge bring the current PBS Series, Mr. Selfridge, close to home. Dennison had its own department at Selfridge's of London; two Framingham women from the Dennison art department designed one of Selfridge's famous store windows for opening day in 1909, and taught English saleswomen how to fashion flowers from Dennison crepe paper. Come learn more about the friendship and partnership of these globally recognized retail moguls. Members will also vote on a new slate of officers and the annual budget, and a year-end wrap-up will be offered prior to the feature presentation.


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HealthWise KnowledgeBase
Hepatitis B Virus Tests
Why It Is Done
Hepatitis B virus testing is done to:
- Identify the type of hepatitis B virus infection. Testing can determine whether an infection has occurred recently or in the past. Other tests that show how well the liver is functioning are usually done to help make treatment decisions.
- Screen people who have a higher risk of getting or spreading a hepatitis B infection, such as doctors, dentists, and nurses.
- Screen blood donors and donor organs to prevent the spread of hepatitis B.
- Find out if a person has developed antibodies after receiving vaccinations for hepatitis B. The presence of antibodies to hepatitis B virus (HBsAb) means that the vaccinations were effective.
- Find out if abnormal liver function tests are being caused by hepatitis B.
- Monitor how well treatment of chronic hepatitis B is working.
By: | Reference Healthwise Staff | Last Revised: Reference October 29, 2012 |
Medical Review: | Reference Kathleen Romito, MD - Family Medicine
Reference W. Thomas London, MD - Hepatology |
© 1995-2011, Healthwise, Incorporated. Healthwise, Healthwise for every health decision, and the Healthwise logo are trademarks of Healthwise, Incorporated.
This information does not replace the advice of a doctor. Healthwise, Incorporated disclaims any warranty or liability for your use of this information. Your use of this information means that you agree to the Reference Terms of Use. Reference How this information was developed to help you make better health decisions.


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version: UK | USA | International
Arts therapies is one of the areas in which we are publishing most actively, internationally. The books described below cover both theory and practice, and are intended for the professional therapist as well as students and researchers.
Sort: publication date | titles A - Z
Page: | 1 |
For the first time in the English language, this book presents the theory behind Nature Therapy as well as guidelines for using it with children who have experienced stress or trauma. A 12-session programme to strengthen coping and resilience is described. A colour storybook for use within the programme is also included. more »
June 2013, Paperback: £19.99/ $29.95Keywords: attachment, child psychiatry, child psychology, children, counselling, creativity, dramatherapy, educational psychology, expressive therapies, grief, interdisciplinary arts therapies, mainstream education, mental health, pastoral care, play, play therapy, resilience, storymaking, trauma
This edited book brings together renowned experts in music therapy and related fields to present current research, practical strategies, and policies useful for everyone interested in music as a tool to aid children on the autism spectrum. Case scenarios, examples and tip sheets further support the application of the knowledge-based content. more »
2012, Paperback: £24.99/ $39.95Keywords: applied behaviour analysis, Asperger syndrome, augmentative communication, autism, child development, child psychology, children, communication, early intervention, educational psychology, families, music therapy, play, social skills, social stories, special education, speech and language pathology, speech and language therapy
A collaborative therapeutic approach is often the best way to assess and meet the needs of troubled children. Focusing on Multi Agency Support Teams in educational settings, this book describes how specialist therapists and other professionals can successfully work together to become essential interlocking pieces of the jigsaw of emotional support. more »
2012, Paperback: £18.99/ $29.95Keywords: arts therapies, attachment, bereavement, challenging behaviour, child psychology, children, counselling, dramatherapy, educational psychology, families, grief, group psychotherapy, mainstream education, mental health, parenting, pastoral care, play, play therapy, psychotherapy, relationships, self esteem, storymaking, trauma
This book outlines the potential uses of music, art, drama and dance movement therapies in educational settings, and the contribution they have to make to the emotional and social development of children and adolescents. Drawing on international evidence, the book outlines a wide range of applications of arts therapies across a range of settings. more »
2009, Paperback: £25.99/ $39.95Keywords: art therapy, arts therapies, creative therapies, creative writing as therapy, dance and movement therapy, dramatherapy, educational psychology, expressive therapies, music therapy, special education
This book is designed to foster successful social strategies for children aged 5-12, and will help adults to understand and reflect on children's social skills. It covers the theory behind the games, and includes a broad range of enjoyable activities: active and passive, verbal and non-verbal, and for different sized groups. more »
2008, Paperback: £16.99/ $29.95Keywords: child protection, child psychology, children, counselling, education, educational psychology, play therapy, psychiatry, self esteem, social skills
The Chronic Illness Game facilitates the improvement of social skills and coping strategies in children with a chronic illness who often suffer from impaired psychological and social development. The game should be facilitated by a health or mental health professional and is intended for use with groups of up to six players or with families. more »
2006, Board Game: £43.66 + VAT = £52.39/ $79.95Keywords: challenging behaviour, child protection, child psychology, educational psychology, occupational therapy, play therapy, special education
The Obesity Game is devised to identify and change behavioural eating and exercise patterns and to facilitate the understanding and disclosure of the complex feelings these children experience. It educates them about food facts, metabolism, dieting and addresses challenging emotional issues related to denial and shame. more »
2006, Board Game: £43.66 + VAT = £52.39/ $79.95Keywords: child protection, child psychology, eating disorders, educational psychology, health care, occupational therapy, parenting, play therapy, social work, special education
Fox Eades shows how storytelling is a crucial element of children's education that can enrich the school curriculum and encourage social and thinking skills. She discusses the different kinds of story that are useful in the classroom, and explores the impact of individual and group dynamics on the telling and reception of these stories. more »
2005, Paperback: £14.99/ $24.95Keywords: child development, child psychology, educational psychology, special education, storymaking
This comprehensive and groundbreaking book describes the effective use of songwriting in music therapy with a variety of client populations, from children with cancer and adolescents in secondary school to people with traumatic brain injury and mental health issues. This practical book will prove indispensable to students, therapists and educators. more »
2005, Paperback: £19.99/ $35.00Keywords: brain injury, education, educational psychology, mental health, music therapy, psychology, psychotherapy, trauma
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(9 titles match the current selection)