VANDERBURGH COUNTY

REZONING BOARD

AUGUST 2, 2004

The Vanderburgh County Rezoning Board met in session this 2^nd day of August, 2004 at 6:24 p.m. in Room 307 of the Civic Center Complex with President Catherine Fanello presiding. The continuation of rezoning petitions from July 26, 2004 were resumed during the course of the regularly scheduled Commission meeting.

President Fanello: We’ll move on to our continued rezoning, VC-4-2004.

Chris Wischer: Good evening, Chris Wischer, Bamberger, Foreman, Oswald and Hahn here on behalf of the petitioner, the Hirsch family limited partnership. David Hirsch, of the Hirsch family limited partnership is here with me tonight. You will recall that last week we were here, we continued the meeting for us to do some more work on our private covenant, which we have done. We’ve circulated that this morning. I sent a copy to the County Attorney, to each Commissioner, to the County Engineer, to the two remonstrators who’ve appeared, to their counsel, Les Shively and Krista Lockyear. I believe that we’ve reached, we’ve come to you with a covenant tonight that everyone is happy with, or at least can live with. I want to go through with you briefly what’s different about this covenant than what was before you previously. I have additional copies, if anybody needs a copy.

President Fanello: Can you go ahead...I don’t have mine in front of me. I didn’t bring it. Thank you.

Chris Wischer: I would like to say too, the language with regard to the road construction, both Vogel Road and Columbia, which are paragraphs one and two, do contain some language that does incorporate, to some extent, some language by Mr. Shively, and I think he’ll speak after I’m finished and tell you that his client is happy with the way that this covenant is now. The main difference, I think, that you’ll find is we’ve added language to the covenant that requires, in addition to the dedication of the right-of-way, that it does provide that the property owners along the extension will build, will construct or cause to be constructed the road, as opposed to simply saying they will pay for it. In addition, we had put in that the road will be constructed to county standards, such that it would be accepted for maintenance by Vanderburgh County. I think the most important line that was added is the final sentence of each paragraph, which essentially provides that no lot or parcel along those extensions or that requires those extensions for access to the property will be put to commercial use until such time as the road is built. That answers the question about when is the road going to be built. Essentially, the client can’t use the property, at least the portions there that would be serviced by those roads until such time as they are built. So, it requires, ultimately, that they be built. Traffic study, one addition there, we still have it that a traffic study would be required if deemed necessary by the County Engineer. In addition, any recommendations in the traffic study will be implemented to the extent reasonably required by the County Engineer. So, essentially, I think that will assure that if the traffic study does put forth reasonable recommendations, and your County Engineer says that they need to be done, we’re going to be in a position where they have to be done. That’s, in a nutshell, the difference in the covenant. We’ve really, I believe, worked hard to come up with a covenant that will satisfy the county’s concerns as well as the concerns of Mr. Shively’s client in particular. I would like to say too, on the record, that I did speak with Krista Lockyear, their position has not changed since last meeting. With that, we request your approval.

President Fanello: Thank you, Chris. Mr. Shively, would you–

Les Shively: Just briefly, on behalf of Regency, you know, you don’t always get everything you ask for, but this is pretty darn close. This is consistent with the spirit that we think needs to happen out there. We really applaud the Hirsch family for being patient and allowing this to happen. We thank you all for giving us the time to do that. We ask, we wish the best of luck to the Hirsch family and their development, because everybody wins out there when things move forward and they’re done correctly. I just wanted to add that I think procedurally, whatever motion you make this evening, not to be presumptuous, but assuming that it is a motion to adopt, that it be subject to the use and development commission, commitment, as it came out of the Plan Commission, and also subject to the private covenant. I would make sure that the record reflects that.

President Fanello: Are there any other, or, I shouldn’t say any other. Are there any remonstrators in the audience? Okay, seeing none.

Commissioner Mosby: I will make a motion to adopt VC-4-2004 with use and development commitment and private covenant signed by this body.

Commissioner Crouch: Second.

President Fanello: So ordered. Roll call vote. Commissioner Crouch?

Commissioner Crouch: Yes.

President Fanello: Commissioner Mosby?

Commissioner Mosby: Yes.

President Fanello: And I vote yes. Rezoning passes.

Madelyn Grayson: Commissioner Fanello?

President Fanello: Yes.

Madelyn Grayson: Is it the Commission’s desire that I record the private covenant in conjunction with the ordinance? Because I don’t have enough recording money.

Les Shively: Mr. Wischer and I were discussing that, and (Inaudible) Mr. Winternheimer that there’s a time period that pertains to the (Inaudible) expires (Inaudible). So, that being 30 days from today. So, you can go ahead with the ordinance, but the covenant–

Kevin Winternheimer: Well, there were no remonstrators.

Les Shively: Well, I understand that.

Kevin Winternheimer: We can talk, I’ll let you know.

Les Shively: We’ll work on it.

Chris Wischer: We’ll work with the County Attorney on–

President Fanello: Do you have a final copy of this?

Chris Wischer: For the record, our pledge is...it is executed, I have the executed copy.

Madelyn Grayson: I don’t have a copy of that. I’ve got a copy that doesn’t have any signatures on it.

Chris Wischer: I’ve got a signed copy. It needs to be notarized.

President Fanello: Okay.

Chris Wischer: We plan on recording it. We thought 30 days, we’ll talk to the County Attorney about that, but you have our representation that it will be recorded.

Les Shively: I will make sure it’s recorded.

President Fanello: You know, I have no doubt about that. Do I have a motion to adjourn?

Commissioner Mosby: Motion to adjourn.

Commissioner Crouch: Second.

President Fanello: So ordered.

(The meeting was adjourned at 6:33 p.m.)

CONSENT ITEMS:

         Travel Requests: SWCD (1)

         Employment Changes:

         Sheriff Department (6)              Co-Op Extension (1)                 VCCC (1)

          Burdette Park (3)                      Superior Court (1)

         Commissioners: Jobe’s Lane Semi-Annual Report.

         Superior Court: Juvenile Accountability Block Grant Agreement.

         Sheriff: Submit Weekly Jail and Community Corrections Reports.

         Those in Attendance:

         Catherine Fanello           David W. Mosby             Suzanne M. Crouch

         Bill Fluty                          Kevin Winternheimer      Tammy McKinney

         Madelyn Grayson           Phil Lawrence                 Sue Hartig

         J.D. Strouth                    David Kent                      David Guerrettaz

         Bill Nix                            John Stoll                        Reggie Haskins

         Steve Craig                     Chris Wischer                 Les Shively

         Bev Behme                     Others Unidentified         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Catherine Fanello, President

David W. Mosby, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.