VANDERBURGH COUNTY

REZONING BOARD

AUGUST 21, 2007

The Vanderburgh County Rezoning Board met in session this 21^st day of August, 2007 at 3:50 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: Good afternoon. We’ll start the Vanderburgh County Commissioners APC, or actually approve the rezonings.

President Nix: I will entertain a motion to approve the rezoning minutes.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

Bev Behme: We have two first readings, VC-15-2007, Habermel Investments LLC, 12700 Old State Road, change from agricultural to CO-2. First reading for VC-16-2007, petitioner, Randall Johnston, change from agricultural to R-3, and that’s behind 7801 Old State Road. Excuse me. On final reading we have a continuation of VC-12-2007, 4401 Hogue Road, continued until September 18^th, at the request of the petitioner. There’s one final reading, VC-9-2007, Level Development LLC, 701 Jobe’s Lane.

President Nix: Okay, I’ll entertain a motion to approve, I guess, the first two?

Bev Behme: The first two.

President Nix: Yeah, on first reading.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Do we need a roll call on that? I don’t believe we do. Okay.

Ted C. Ziemer, Jr.: No.

President Nix: Thank you.

Krista Lockyear: Good afternoon, Commissioners. My name is Krista Lockyear, Rudolph, Fine, Porter and Johnson. I’m here this afternoon on behalf of Level Development LLC, the petitioner for this rezoning on Jobe’s Lane. If you may recall two months ago on June 19^th we were in front of you. In keeping with the brevity of this meeting this afternoon, I would like to just incorporate my comments from that meeting into the record, so, that you don’t have to hear me go on and on. I will remind you that this is a proposed condominium development by Dan Buck. We’ll have condominiums in this area with two target, two price targets, $175,000 to the $250,000 range, and the $115,000 to $165,000 range. When we met at the June hearing, we requested that you refrain from voting on the rezoning in order to allow the private covenants that the landowner, current owner was going to make. They wanted to be sure that the sale was going to go forward to Dan Buck before they bound the real estate in such a manner that’s really particular for his development. We have received enough assurances that the sale is going to go forward. We’ve got the authority now from the landowner to record these covenants upon your approval of the rezoning, and, therefore, we request that you do approve this rezoning this afternoon. I would also like to comment that we really appreciate the efforts of the Westside Improvement Association, as well as Michael Lockard, who is an adjacent landowner, and his father, in working with us to get through any issues that we may have, as well as your counsel, Mr. Ziemer.

President Nix: Anything else at this time?

Krista Lockyear: It’s up to you.

President Nix: Thanks. No pressure, huh? Are there any remonstrators?

Fred Padget: Good afternoon, Commission.

President Nix: Mr. Padget.

Fred Padget: I’m Fred Padget representing the Westside Improvement Association. This has gone on for a couple of months, but I do want to make comment on a couple of things. The developer and the attorney have met with the neighbors on a couple of occasions and individually with several of them several different times. In my opinion, the developer has addressed all of the issues that had been brought up in those conversations and they reduced it to a couple of covenants of which you have copies. We don’t need to go into those, unless you want us to. I believe you also have an e-mail from Mike Lockard who is chairman of the Westside Improvement Land Use Committee, supporting the project. I’m just here to reinforce that. I would like to in particular say that the developer and the attorney have been excellent to work with on this project. With that said, the Westside Improvement does support the project, and we wish the developer great success with it. Thank you. Any questions, we’ll gladly answer them.

President Nix: Mr. Padget, I guess, one question I have is, I had received an e-mail earlier today from Mr. Lockard, apparently he wasn’t able to attend today.

Fred Padget: Right.

President Nix: About parking on Jobe’s Lane. Have those issues been addressed?

Fred Padget: Not, we haven’t, I haven’t really talked with him too much about it. Jobe’s Lane on the one side, on the east side there’s a curb, on the west side there’s no curb, and I think, personally, Mike might disagree with me, but personally I think that should be a separate issue from the rezoning. It’s really nothing to do with the developer.

President Nix: Okay, and that was, he alluded to that in the e-mail that it’s something that we could possibly work out with the County Engineer at some time down the road to address no parking along there. The impression I got from the e-mail was that he wasn’t necessarily, that wasn’t necessarily a show stopper.

Fred Padget: No, that’s exactly right. It’s not a show stopper.

President Nix: Okay.

Fred Padget: We’re, at least I’m a little confused as to where the city line runs along there also. But, that may be another story, so, but I think that issue can be addressed later and separately.

President Nix: Is there a way we could layer the map there and tell that now? Do you have a layer that will do that?

Janet Greenwell: This is a Power Point presentation.

President Nix: Oh, okay. So, you’re not live then?

Janet Greenwell: No.

President Nix: That’s fine. We can address that at a later date. Okay. Questions?

Commissioner Tornatta: I would just like to make a statement that it’s kind of nice when two groups get all their problems worked out before. It seems like we’ve been able to do that with Westside Improvement and the neighbors and the developer. So, it does make it extra nice.

Fred Padget: Sometimes it seems like it’s a rare occasion, but, actually there’s not very many projects in the last six or seven years that I’ve been involved, I think we’ve only really dug our feet in on four or five. Other than that, why, you know, we recognize the need for good, sound economic development, and sometimes we disagree with where it’s happening, but we recognize the need for it. In this project, in, I think, collectively, Mike’s opinion and my opinion, will be an excellent project. It’s probably the best kind of a project that could happen for that particular property. Thank you.

Commissioner Tornatta: Thanks for your effort and for the Westside Improvement.

Krista Lockyear: I would just like to make one point of clarification, because I did speak with Mike today about that Jobe’s Lane. The developer has committed to no parking on Jobe’s Lane on the portion that he will be improving and re-creating. So, I think the request that the parking be limited to one side of Jobe’s Lane is really independent, and Mike had just asked that we could pursue that in the future. I’m sure that Dan would support shutting down one side or the other of Jobe’s Lane from parking.

President Nix: Okay, thank you. Are there any other remonstrators? If not, any questions from the Commission? Ms. Lockyear, would you like to do a summation? Or are you comfortable to go with this?

Krista Lockyear: You can go right ahead.

President Nix: Okay. I’ll entertain a motion.

Commissioner Tornatta: Motion to approve.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Roll call vote. Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: And I vote yes. Congratulations. Good luck on your project.

President Nix: Before everyone leaves, I would like to get your attention for just a minute. Ms. Behme?

Bev Behme: Yes?

President Nix: If you could step up to the podium. You knew we weren’t going to let you out of here without doing this.

Bev Behme: No, I didn’t know.

President Nix: First of all, I would like to say the two hats that I wear you’ve been great to work with on both sides of the fence. I appreciate your time and effort, everything you’ve done for the county and for this community, working with these people on a day in and day out basis. I know there’s times when I come in your office down there, you all have got a lot going on, but you always seem like you’ve got time to work with the developers, the people. We need more people like you working for the county.

Bev Behme: Thank you very much.

President Nix: We’ve got a little proclamation. Commissioner Tornatta?

Bev Behme: Oh, my.

Commissioner Tornatta: This is your last meeting, by the way–

Bev Behme: Yes, it is.

Commissioner Tornatta: –that’s why we’re doing this.

President Nix: Unless you want to stay on for a few more, Bev?

Bev Behme: No, I don’t think so. I think 27 years is long enough, but thank you.

Commissioner Tornatta: Well, we might have that wrong here.

Bev Behme: That’s okay.

Commissioner Tornatta: Okay. Okay. The proclamation from Vanderburgh County:

“Whereas, Beverly Behme has been employed with Vanderburgh County since January, 1981–

Bev Behme: That’s correct.

Commissioner Tornatta: You started working at 13, didn’t you?

Bev Behme: Yes, thank you. I worked for the city for a year, so, that’s correct.

Madelyn Grayson: We just focused on the county portion.

Commissioner Tornatta: Okay, good.

Bev Behme: Thank you.

Commissioner Tornatta:

“Whereas, Beverly Behme has served in the Area Plan Commission in the position of Zoning Administrator since April of 1982; and, Whereas, Beverly Behme has always been a consummate professional in assisting the Vanderburgh County Rezoning Board for 25 years in matters pertaining to county rezoning petitions; and, Whereas, Beverly Behme will be retiring on August 31, 2007. Therefore, in honor and recognition of her years of dedicated service, we, the Vanderburgh County Board of Commissioners herewith proclaim, Tuesday, August, 21, 2007 as “Beverly Behme Day” in Vanderburgh County, Indiana.”

Bev Behme: Well, thank you very, very much.

President Nix: Congratulations on your retirement.

Bev Behme: I appreciate it.

President Nix: Don’t be a stranger.

Bev Behme: I won’t. Thank you very much.

President Nix: I’ll entertain a motion to adjourn.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

(The meeting was adjourned at 4:00 p.m.)

Those in Attendance:

Bill Nix                                      Troy Tornatta                            Bev Behme

Ted. C. Ziemer, Jr.                   Madelyn Grayson                     Krista Lockyear

Fred Padget                              Janet Greenwell                       Others Unidentified

Members of Media

VANDERBURGH COUNTY

REZONING BOARD

Bill Nix, President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)