That was a good one.

The honorable council of the city of Evansville is hereby called to order.

Madam Clerk, please call the rule.

Councilwoman Taylor.

Present.

Councilman Hieronymus.

Here.

Councilwoman Hatfield?

Here.

Councilwoman Kaylor Lindsay?

Here.

Councilman Brickmeyer?

Here.

Councilwoman Allen.

Here.

Councilman Green?

Here.

Councilman Johnson?

Here.

Councilman Chuckman.

Here, there being nine members present, zero absent, representing a quorum.

I hereby declare this session of the Common Council officially opened.

Being that this is our first meeting since reading some pretty impactful news for this council.

Hearing that Councillor Hieronymus is taking his talents to St.

Charles.

I first want to say how grateful I am for his years of service for our community.

To our city as a dedicated nonprofit professional and just an overall good human being and great father figure for his uh kids.

And with that said, uh counselor, would you do the honor of leading us in the pledge?

Absolutely.

Thank you.

And to the Republicans.

One nation.

Under God.

Liberty and justice for all.

Please join me now in a moment of silence.

Fellow councillors and those in the audience, welcome to the July 27, 2026.

Meeting of the Common Council.

Is there a motion to approve the meeting memorandum of the July 13th meeting of the Common Council as written?

So moved.

Second.

Hearing a first and a second.

All those in favor?

Aye.

Aye.

Any opposed?

So ordered Reports and Communications.

Email material ordinances G, 2026-15, F 2026-09.

R 2026-12, the second amendment.

Resolution C, 2026-29, C 2026-30, and also 31.

Area Plan Commission report for July 2026 on your DESS evening.

2027 proposed City Council meeting schedule and extended agenda.

Is there a motion to acknowledge the reports and communications?

So moved.

Second.

Hearing a first and a second.

All those in favor?

Aye.

Aye.

Any opposed?

So ordered.

Yeah, go ahead.

Special orders of the day.

2026 City Council regular meeting schedule.

I entertain the regular meetings.

We'll begin at 5 30 on Monday evenings in room 301 of the Civic Center on the following dates.

Monday, January 11th, January 25th, February 8th, February 22nd, March 8th, March 29th, April 12th, April 26th, May 10th, May 24th, June 14th, June 28th, July 12th, July 26th, August 9th, August 23rd, September 13th, September 27th, October 4th, October 25th, November 8th, November 15th, December 6th, December 13th.

And just so you know this follows the same schedule as this year.

Typically the second and fourth Mondays, however, we do avoid the week of spring break, fall break break, the week of Thanksgiving, and the week of Christmas.

Mark your calendars, everybody.

Is there a motion to adopt the regular meeting schedule as mentioned for the year of 2027?

So moved.

Hearing of first and a second.

All those in favor?

Aye.

Opposed.

So ordered.

Consent agenda, first reading of ordinances and resolutions.

Ordinance G 2026-15, an ordinance creating Chapter 10.65, unmanned aircraft systems of the Evansville Municipal Code.

Ordinance F 2026-09.

An ordinance of the Common Council, the City of Evansville, authorizing transfers of appropriations, additional appropriations, and repeal and reappropriation of funds for various city funds.

Okay.

So moved.

Thank you.

All in favor?

Aye.

Any opposed?

So order.

Committee reports.

Mr.

President, the Area Plan Commission submits the following recommendations.

Ordinance R 2026-12 comes forward with recommendation for approval, having seven affirmative votes, one negative vote with the condition to amend the UDC.

Ordinance R 2026-14 also comes forward with a recommendation for approval having eight affirmative votes.

Is there a motion to acknowledge the committee reports?

So moved.

Second.

Hearing a first and a second.

All those in favor?

Aye.

Any opposed?

So ordered.

Regular agenda.

Second reading of ordinances and resolutions.

Ordinance G, 2026-13, an ordinance to vacate a 12-foot alley being 12-foot wide, 29.5 feet long, located north of and northwest of lot one and block one of the northern enlargement, being south of Indiana Street and west of Garfield Avenue, having a common address of 213 West Division Street or 210 West Indiana Street within the city of Evansville, Indiana.

Is there a motion to adopt ordinance G 2026 13?

So moved.

Second.

Okay.

All in favor?

Aye.

Aye.

Not yet.

We are at discussion.

I'm sorry, my mind's out.

Apologize.

The floor is now open for discussion.

Jim Morley Jr.

Project Engineer.

I can answer any questions.

Ultimately we're vacating a small piece of alley near the new Benthal Brothers office right here off of the just north of Oldwood Expressway.

Jim, were there any um objections from any of the utilities on this?

No, we're actually doing it for utility purpose for us to uh do our sanitary sewer connection.

We had to vacate a piece of the alley.

That's that's actually why we're doing it.

All right.

Sounds good.

Thank you.

Um in looking at it, it did not show that there are any traffic or emergency um vehicle getting in or out.

Um when I researched it, it looks like it's pretty much a dead end um situation is where it is now.

Um I didn't find anything that would prohibit it.

Um I did not receive anything from anyone else with any questions or concerns.

And Jim, just this particular development is related to the fire that was there.

Is that correct?

Yeah, there was a fire there that the old uh the mattress for or mattress place came that came down, and and so they've been building, they've been adding on a distribution or warehouse area there, and it it's that's mainly done, but they to get their sanitary sewer connection to work right then to vacate this piece of the alley.

Okay, thank you.

And the the Benthal folks, they kind of own that whole area.

So any other questions or comments?

Okay.

Just now when I say all in favor.

Uh no, we'll do a roll call on this.

Are there any comments from the public on this matter?

Okay, we can do a roll call.

Councilwoman Taylor?

Yes.

Councilman Hironymas?

Aye.

Councilwoman Hatfields?

Aye.

Councilwoman Kaylor Lindsay?

Aye.

Councilman Brickmeyer?

Aye.

Councilwoman Allen?

Aye.

Councilman Green?

Aye.

Councilman Johnson?

Aye.

Councilman Chuckman.

Aye.

All right.

We um all in favor.

So ordinance G 2613 is here by declared.

Adopted.

Thank you all.

Ordinance G 2026-14, an ordinance of the Common Council of the City of Evansville, Indiana, amending chapter 16, Top 10.090, duties and responsibility of the floodplain administrator of the Evansville Municipal Code.

Sorry.

I'll get in.

I'll get in the game.

Is there a motion to adopt ordinance G 2026-14?

Hearing a first from Councillor Brinkmeyer, second from Councillor Green.

Floor is now open for discussion of this item among council.

Do we have anybody from the uh speak on on this?

Yeah, Councilor Ronemus, I can I can speak on this.

So as you guys are aware, we passed a comprehensive floodplain ordinance for the city a few months ago.

Um there was just one simple grammatical mistake in there that required an amendment to fix in order for it to be submitted to I Dem and FEMA for approval.

So that is just correcting just a small error.

So nothing substantive or procedural is being changed, just a fix to get it up to the state.

Okay.

All right.

So simple administrative cleanup, I'm hearing.

Uh are there any members of the public here to speak on this matter today?

Hearing none, uh Madam Clerk, please call the roll.

Councilwoman Taylor?

Yes.

Councilman Hieronymus.

Aye.

Oh, aye.

Councilwoman Hatfields?

Aye.

Councilwoman Kayler Lindsay.

Aye.

Councilman Brinkmeyer.

Aye.

Councilwoman Allen.

Aye.

Councilman Green?

Aye.

Councilman Johnson.

Aye.

Councilman Truckman.

Aye.

There being nine ayes and zero nays ordinance G 2026-14 is hereby declared adopted.

Ordinance R, 2026, Dutch 09 amended, an ordinance to rezone certain real estate in the city of Evansville, State of Indiana, more commonly known as 6600 old at Boonville Highway.

Is there a motion to adopt ordinance R 2026 09 amended?

So moved.

Second.

Hearing a first and a second.

The floor is now open for discussion among council.

Mr.

Bowlever.

The man of the hour.

Thank you, Mr.

President.

I'm not going to take a lot of time.

You've heard from me quite a bit in this in this case, but my for the record, my name is Steve BoLieber, and I am the attorney for the corporation that's seeking this rezoning and who is also the developer.

My office is 123 Northwest 4th Street, suite 503, here in downtown Evansville.

I'm going to incorporate by reference all my prior presentations, both to the APC, which I might point out recommended, the approval of this rezoning request, and previous meetings of this council.

But want to make a few points before turning the presentation presentation over to the engineering safety experts, but I think everybody is more interested in hearing from.

As you recall, uh the corporation, the developer has developed over 2,500 dwelling units in Vanderburgh County in Southern Indiana.

Well respected, very active in providing housing and other structures for the betterment of the community.

These apartments are consistent with the comprehensive plan.

There's other apartments nearby.

It's a mixed neighborhood.

There's industrial to the north, single family residence in a couple of directions, and multifamily in another.

To refresh your recollections, I'm sure you're well aware there will be five buildings, 216 dwelling units.

There's ample space and a 15.875 acres to build this in a comfortable fashion, taking into consideration all building codes.

We believe that no variances will be needed and are needed.

Something I don't think we talked about before is the economic impact of this on the community.

This is a $35 million project.

Provides much needed housing in Evansville.

Concerns were brought up at some of the previous meetings about traffic impact, access and ingress to the premises, and basic infrastructure concerning some utilities.

All those will be paid for by my client.

What the city says he's going to do, he will do.

Jim Norley has spoken to you before, but he is here to get give you an update and answer any questions you might have.

In addition, I believe the city engineer, our representative, is here to confirm that they believe it the safe ingress and egress can be developed here.

With respect to water and sewer systems, my client will modify the water and sewer system to accommodate uh the increased usage by customers.

And I believe a representative is here to confirm that improvement as well.

I'm not going to go through all the use and development commitment that we filed.

We've talked about that before.

I will turn the podium over to Jim Morley at this time.

I got it wrong.

Jim is really the man of the hour.

It's not very often an engineer gets told he's the man of the hour.

Jim Morley Jr., project engineer.

So last time we were here, there are a lot of discussion about traffic or uh and access onto the project site, and there was some talk about water pressure in the area.

I can give you an update on that, but uh I will also say uh that the city engineer's office is here also.

So if you want to hear from them, you could you could ask them to come forward.

Um so we uh since we last met, we uh have gone through and done a deeper dive on the traffic impact and looked at locations of where entrants could come out.

I believe last month uh uh councilman Breakmark, I think you were interested in an entrance at the west end of the project, if I remember right.

Um so we went out and we did a a site distance check.

Um a site distance would work at the west end of the project.

Uh as I'm sorry, uh backing up I talked touched on site distance last time.

Site distance is just so that when you're pulling in and out of an intersection, you can see both ways and make sure you have a safe condition to pull in and out of the pulling in out of the intersection.

Um it would work uh at the west end um if that's uh where the city would want that entrance to be.

Um the this that road currently has a 45 mile an hour speed limit on it, which is a relatively high speed limit for that area.

Um touch real briefly with the city engineer's office as to whether or not that's the speed limit they want out there.

That would be up to the city if they want to continue to have that speed limit.

Uh our traffic study found that uh for wherever that entrance is, uh we need to have we would need to install a passing blister on the far side of old Booneville Highway so that if people are waiting to turn left into our project, uh there'd be a passing blister for people to drive around that car, that waiting car.

Um the uh so we found uh we found a good entrance and we found uh a way to make it happen and a safe and meet all of the city standards uh from a water standpoint.

Uh I got an email from the from the water utility the company they have that does their water modeling.

Uh it says the flow numbers they are asking for are not a problem and wouldn't adversely affect other customers.

However, I will go on to say from some of my conversations with the uh water department.

Uh there was a question about if there were, and I'm gonna use um I'm not an expert water person, so I'm gonna use my terms.

Um there they were gonna look into is there any kind of modifications, and I don't know if that's you know turn-in valves and whatever to help increase the pressure in that area for everyone in general.

Uh but the email I had gotten said that what we were seeking would not have an adverse effect on the existing people.

Uh from a sanitary sewer standpoint, uh our sewer ends up getting uh pumped what they call the Eagles listation, and they said that there was capacity for us to pump uh our sewer to the Eagles lift station.

Uh so I believe that we have uh water capacity uh that doesn't adversely affect the neighbors.

We have sanitary sewer capacity that doesn't adversely affect the neighbors.

Uh we have a safe uh entrance onto the property, and uh and we know what kind of road improvements need to be done to make that happen.

And so I don't know.

That's a that's a brief summary of what we where we left it last time, but I'm definitely open to answer any questions folks have or if you want to talk to one of the the city folks.

I understand that I won't take won't take any offense.

Jim, was there any discussion about right turn only coming out of the property?

Yeah, so I did I did touch space with the city engineer on that, and he he preferred um to have that as a full access exit instead of having it a right turn only.

Uh we I did we did talk about that, and his preference was for it to be where when you come out you could turn right or left.

We did uh we double checked our uh our traffic analysis to determine what I'm gonna call the uh the distribution they do it, a traffic distribution, how many people turn right, how many people turn left.

Uh we went out and checked that against the existing traffic pattern coming out of the apartment across the street, and uh found I think uh we had we believed it would be 90 90 percent and 10 percent.

Uh it actually ended up being I think 87 to 13.

So we were pretty close.

But the number of people that turn left uh out of that develop out of this proposed development uh is a is a pretty small number and it does not warrant uh per in or per city standards, it doesn't warrant any kind of improvements or any uh uh any reason to not let people turn left out of there.

But we do I did talk to City Engineer about that all, yes.

So the the questions or the concerns I'm hearing most um from residents around the area or they're worried about how narrow the road is and then the speed at which people drive.

Um I'm as I was kind of thinking about all of the information from last meeting.

Um I thought about uh a roundabout.

I don't know if that has been discussed.

I feel like a roundabout would require the road to be widened.

It also would require speeds to be reduced when it's coming upon the roundabout.

I didn't know if any other options were being looked at other than the blister.

So um so that the a roundabout uh would require you'd have to condemn people's property on the far side of the road that aren't aren't a part of this project.

Uh so we don't have the kind of right-of-way it takes to build a roundabout uh as part of the improvements uh that we've shared with the uh shared with the city engineer.

Um we would be uh widening out the road in that area where we're doing the so it would be a passing blister plus a widened section of roadway through there.

Um and that's uh that would be uh I think we had drawn up currently uh I don't the I think we had drawn up a 12-foot lane in both directions, which is kind of a standard uh uh lane, and then I'm working off memory, uh so I'm pretty close so and a 12-foot wide passing blister, which would uh greatly widen the road in that area.

And so in that location pretty much tie it depends on exactly how that comes together, but that will um make most of the road between most if not all of the road between the entrance where we would come out and drive towards Burkhart and Burkart Road a wider.

I'm sorry to interrupt you.

Can you speak more in the microphone?

It's difficult to hear you.

This person before me must have been shorter.

Um sorry, is that better?

All right, sorry.

Um most likely um when the when the turn passing blister goes in.

Well, I know when the passing blister goes in, that section of road gets widened.

Um, and so that's uh that would address your the concern about the narrower road.

Uh and you could ask the city engineer about the speed limit.

Uh I believe the 45 mile an hour speed limit is a holdover from back when it was a county road.

Uh that area was annexed into the city, and I think they just stayed.

Um, but that would be a question to ask the city engineer about.

Thank you.

So, Jim.

Still, Jim, let me turn my mic on.

Um the passing blister.

Tell me exactly what that looks like.

Is that in the middle of the road or is that on the side of the road?

So a passing blister is on the right in our situation as you're driving east on old Boonville Highway.

And I can uh let me see.

I actually have an exhibit I can share with you.

Um I know that you all like color exhibits.

I'll pass one out.

And then while you're passing those out, Jim, I'm just interested in exactly where we're looking at putting the the entrance.

Is it gonna be right across from the current entrance for the apartments on the opposite side of the streets?

And then when you're talking about widening the road, how much of that road is gonna get widened?

So that that's all my questions that I would be interested in.

All right, please.

So I passed out an exhibit, and it looks something like this, if you will.

Um, and you can see kind of to the left-hand side, uh, you can see uh two lanes that's an in and an out with a boulevard uh there.

If everybody sees that making sense where I'm looking at, um and then you can see uh beneath there, uh you can see, I'm sorry, uh the passing blister is 12 feet wide.

It occurs on the far side of the road, and I misspoke that the the uh through traffic lanes are 10 feet wide, uh bringing it to a 20-foot road section now.

And and you know it's currently 17 or 18 feet wide.

And so it would widen that out, that road about two, three feet.

And so this allows mainline traffic.

If nobody's turning left, you just keep going like you've ever always gone.

And if somebody is turning left, then you can kind of pull out and go around them.

And that is uh that's that's a more desirable situation to the extent that the majority of time when people are going down that road, there isn't someone turning left there, and that means those people can just keep going straight like they've always gone.

So I go ahead and go.

I was just gonna say, so where is the proposed entrance for this?

Is it right across from I approach the screen?

That that'd be fine.

You guys can see.

Uh so and so this is uh I will say that the this still needs to be worked out with the city engineer.

Um there is there's a there's the option of putting one if you guys can see where the mouse is on the screen.

There's an option of putting one here, which I think uh Councilman Brinkmeyer is kind of where you had talked about a little bit.

Uh there is an option of putting one here.

Uh there was also discussion of putting putting it closer to the middle um uh kind of over in this area.

Uh it no longer would line up with the one the existing apartment across the street from a conversation with the city engineer.

Uh we looked at pulling it either pulling it to the I'm gonna say the west half of the property, uh and part of that is dependent upon what the speed limit is out there and uh and the what the site does because different speed limits have different requirements uh for intersection site distance.

And so uh if the speed limit is lowered, then uh it ha it it changes what requirements are there are for that intersection.

Uh we checked it for 45 mile an hour speed limit, which is what's currently out there, and uh we placed it here kind of to this end, uh which is was kind of the leaning of the council last time I was here.

Additional questions, counselors.

So when I'm looking at this, um even looking at where the entrance is, it being so close to what it looks like, there's an entrance to a church right there.

Um and that blister will actually go into the entrance of that um of entering where that church is there, is that was the intention?

Uh the the taper of the yeah, the taper of the blister if it's at that location, which somewhat overlap with the entrance of the church drive.

The ultimately, and again you can ask the city engineer if you want, but ultimately the the exact entrance location of that is directly tied to the speed limit.

And if and so if the city says, hey, we want to lower the speed limit, then that entrance may shift to the east farther away from the church entrance.

Um if the city if the speed limit stays the same, then it probably is in closer to that location.

Um but that's a that's a pretty common thing what we have laid out there.

And I I in listening to you, I hear a lot of whether you're willing to do, what you are going to do, and things of that sort.

Um is any of that in writing Steve, do you have that in your UC?

Not those specifics.

Obviously, any improvements required by the city, paid for my client.

But it's not in writing right now.

That that is a requirement that it will happen.

Because I know that it's saying that it can, but is there something that says that it definitely will as a written document?

I mean, I will say that um they can only build this project if they get city approval, and if they want city approval, then they have to build it.

I mean, I guess whether whether you need to be, I mean whether we can be spoken in, so to speak, but uh historically when a development comes, if there are improvements there at the site that require that are required by the developer, uh G S in 31 years, I don't remember a time in which it wasn't the root the developer that did those did those improvements and historically and over 31 years, it's not something we ever had to put in writing just because it was it was a given.

And I understand that it's historically, but I'm thinking through if I lived in that neighborhood, if I live there and you know I get what history says, but in holding someone accountable legally, is there a document that says I will do this because we can do or say anything to get approval, and then may later say conditions have changed and we're no longer able to do that.

I see if that's a legal question.

Can it be amended here on the floor?

I mean they can't build it if they don't have city approval.

I'll just share before our counselors uh weigh in as that part of and you guys straighten me out where I'm wrong because I usually am.

But uh part of the uh rezoning that we are going to approve or deny today would be following the traffic study, which is the results of what we are discussing here.

And so whatever uh the city engineer uh area plan commission go through over the next couple of weeks or however long that it takes, uh we'll have the experts weigh in the client will have to uh follow those recommendations.

And let me ask another question.

Um when from my research when this was when this traffic study was done, was it one of your employees that was hit by the car?

Uh yeah.

And so uh we had an employee.

Well, we don't have to do that.

I don't know.

Are we real quick?

I I want to ask clarification.

Is it are we clapping because somebody got hit?

Or okay.

Okay, we was concerned.

Uh but I I will also just remind everybody of the rule here, like uh public affirmation like that is not allowed in the chambers.

Okay.

Thank you.

So my question was when that happened, where was that person in regards to this layout?

Where were they at the time?

He was in the turn lane of the apartment project across the street.

And so when I yeah, so my my staff person is an engineer of mine named Cody Simpson.

Uh he had on full um uh neon vest, traffic vest, and uh he was doing a safety check, and he was in the turn, he was not in the road, he was in the turn lane of the apartment project across the street.

And um I if you will, I'll I'll show I'll show you exactly what happened because I don't yeah, we don't want to re-enact it.

But um he he he was he was uh there was someone tried to squeeze but between him and the back of the turn lane instead of waiting, uh and then they also drove off and left.

Uh and so it was a hit and run.

He was not out in the roadway, it was not a safety issue of the roadway.

He was in the turn lane for the apartment project.

And uh and yes, it was a very bad thing.

Uh I was at the house hospital that day, he went to the hospital, he was checked out.

He's fine.

He's fine.

Okay, I don't mind that question.

I was gonna ask.

But it was not a road safety issue.

He was in the turn lane of the apartment project, and I don't know how you hit somebody and uh drive over them without stopping or knowing you did it, but somebody did it and they drove off.

But he was not out in the main line road, so it's not a road safety issue.

Uh it was somebody in the turn lane of the apartment project.

I was gonna say, but it happened though.

So that's what a lot of the residents are talking about and are afraid of.

I mean, a kid or anybody.

That's pretty much what they were talking about.

So trying to avoid that.

I mean, I um I'll say a couple of things.

Uh on my way to council today from the food bank on Lynch Road, uh, I had to dodge somebody head on because they came half their car into my into my lane.

Uh and had I not been paying attention, I might not be here today.

So there are accidents that that happen.

I I would also say, Counselor Johnson, that despite the incident that happened, and I'm glad to hear that you know your uh your colleague is is is okay.

Um the traffic study, I mean, you the traffic study has has affirmed you know the measures that they are doing, and and despite the the situation that came on there and the concerns that are there, I mean you could say that it was just a uh hack hap circumstance situation that you know frankly there's bad drivers everywhere.

Like that's that's just the reality of it.

I know it.

Uh I just experienced it.

I had a significant car wreck in 2003 that put me in the hospital for a week and nearly took my life, and thankfully only took my finger, you know.

Um so I I want to just say I I understand the concerns.

I also understand that we might not have the best drivers as well.

Thank you.

This is my understanding, and I think this might have been covered, but I'm not 100% sure.

But once it leaves here, it still has to go to site review, and the city engineer has to sign off on whatever changes are made, and those changes will be made to his for him to agree to it, those changes would have to be made.

100%.

Whatever the city puts out from site review to make this safe from the engineer's office, they have to be adhered to.

Yes.

And that would be the next step.

Yeah.

So from the uh if the rezoning is approved, uh, then all developments in uh the city of Evansville, uh, regardless of what they are, indefinitely apartment projects are in that group because it's everything, uh it goes to site review, and uh that is and when we file for site review, uh it goes to the plan commission and it goes to the city engineer's office, goes to Evansville Water and Sewer Utility, it goes to the MS4 operator, uh building department, health department, everybody is in that email chain.

And for for us to get an app or for the developer to get a permit, all the departments have to sign off on that permit.

All of them have to approve the drawings.

And as swell of a guy as I am, uh if Plan Commission or City Engineer's office don't like what I drew up, then they don't approve it.

You know, and so the there is no there's no arm twisting to to get them to sign off on something they don't like.

They they know what they want, and we have to provide that.

And I and they won't sign off on any kind of road improvements, any kind of site improvements, any water tap, sewer tap, drainage, anything until they're 100% satisfied that it it the project meets uh code and in the situation of the city uh entrance on the city street is a safe entrance.

Uh and they won't sign until that happens.

Right.

And still they sign, nothing can happen on this property relative to this project.

Right.

Well, I think there was some concern that they could come out with these recommendations and they wouldn't necessarily have to follow them, but if they don't follow them, they have to follow them after they come out.

If they don't if they don't follow them, they don't get a permit, and there is never a project there.

Right.

I think it now might be a good idea.

And that was what I wanted to clarify too, if I could say, right.

So this is just the rezoning aspect, right?

And then the safety, all of those other things have to be approved through all of the other city departments.

So this isn't a done deal.

All of those safety things, which I did talk to our our city engineer, he's very on to this project.

He had some concern.

I know he's talking with you guys, and we're saying this we're gonna make sure this is safe or it won't happen.

So this isn't, you know, this is the rezoning part.

And I even had a question about when you turn right, if 90 percent of that traffic's turning right and heading to Burkhart, what does that mean for the light at Burkhart?

And I think those are things we're thinking about too.

So that is something I had a concern about.

Um what what is the impact at that intersection as well?

So I'm assuming all of those things will be looked at, and we try you know, and we'll be trusting the city engineer's office and all of those other departments to ensure that this is a safe and a safe project moving forward, or it does move forward.

Yeah, I can tell you we uh as part of our traffic study, uh the city engineer asked us to look at what the impact was to the Burkhart Oldmanville Highway intersection.

And uh and so using the traffic generation, the traffic distribution, uh we came up with uh number of additional cars turning right, turning left, going straight, that type of thing.

Uh and then that information then um can be looked at to determine uh if uh signal timing needs to be changed, if um what is currently a through and a right, I'm sorry, a through and a left needs to become a through and a right and a left turn on.

I mean, and so we yes, uh we did look at the we did look at the impacts to the intersection downstream and shared that with the city engineer also uh for that uh uh councilwoman um the that for that exact reason, Councilwoman Allen, if if something would need to happen, so we did look at that also.

I think now would be an excellent time to uh hear from the man we've been uh speaking about alluding to Brian.

Would you mind uh maybe he's the man of the hour?

Yeah, I know everybody has a man of the hour.

You're an engineer tonight, it's a good time.

Well, while you're still there though, okay.

The the blister, you you you're talking now.

If that entrance is moved to the west, obviously that blister will have to be moved.

Yeah, the blister goes wherever the because uh like on this drawing, the blister goes into the entrance and exit of Arbor.

I don't know what Arbor Lane or whatever that is.

Yeah, so it depends on the so in the in the city standards uh there's dimensions that says uh how many feet before the entrance the blister has to start, how many feet after the entrance the blister ends, the length of the taper lanes to go back into over to the city.

So all that's called out in city standards.

Okay.

So wherever that entrance goes, the ballister goes with it.

Okay.

Well, I was concerned about it would be nice to see the traffic back in their lane before they cross lane or you may want you can ask him, but we talked about that also.

Okay.

So Jim, wherever that passing, wherever that entrance goes, whether it's west or down closer to the existing apartment entrance, that passing blister is not gonna go far enough that it's gonna affect where the it's not gonna be in front of the existing apartment.

No, the and you'll hear that.

But it's just a a certain number of feet.

Yes, it goes with the entrance.

And now it gets determined by the engineering by site review and and all the things.

So and they and the length of that taper and everything is part of the city standards.

Okay, thank you.

Yeah, Brian, if you if you wouldn't mind, I I don't want to uh and counselors, you know we are deciding on a rezoning.

There is obviously many details to be worked out with uh city engineer's office um and many others.

I think what we're most interested in hearing from you, uh Brian and counselors feel free to weigh in.

Um but is your confidence that we can make this a safe entrance and exit for uh residents and for the city of Evansville.

Sure.

Um thanks for having me.

Uh I know I've met some of you, not all of you, but nice to meet you if I haven't.

Um I've talked at length about this project with uh Morley, and uh we feel that we can make it a functional intersection that meets the the minimum requirements.

Um if it were a perfect world, this entrance would line up with the existing arbor drive.

If this were a straight stretch, we wouldn't be having this conversation.

It's that curve that brings us into an issue.

So I like the idea of the roundabout.

Um who's gonna pay for that is a question.

But uh, you know, that that would be a great solution.

Um without that as an option, um we feel that putting the inner the uh intersection in the middle of the property is probably the best way to go.

If it's on the left hand side um towards uh the street there, umor uh mirror.

It wouldn't have the required offset between intersections that the MPO access manual requires.

So um but again, this hasn't been designed yet.

Right.

We're still going through the uh the numbers, the the traffic study.

Um but can it be made into a functional intersection?

Yes.

Um you are adding between 11 and 1200 cars a day with this development onto that road.

So you know it is what it is, but um you know it could be made functional.

The other thing with the intersection down at Burkhart, um we did look at the um or we asked them to look into the turning movements, um, and we are looking at possibly re having to reconfigure that that intersection to make it a right now.

It is a left turn straight and right turn only.

We'd probably flip those around and make it a right turn straight, left turn only.

But um again, we've got to look at the data.

It is also a 45 mile an hour street, which um makes the site distance issue much more severe.

And um, you know, just looking at it from a um from the standpoint of um experience, it would tell me that that's probably too fast for there, especially if this um development goes.

So we will also be doing a speed study and looking at uh possibly reducing the speed limit, which would then reduce the site distance requirements and um hopefully make it a little bit safer if we can get people to slow down.

Brian, uh the speed obviously being uh um a concern here.

It is it are our local ordinances are they to change speed limits, do we have to do a speed study to do that, or can we just arbitrarily uh we need to do a speed study and write up about why we did it?

Okay, yes.

Um and then do you know on this stretch, because obviously I'm gonna feel like I'm pretty sure if we zoom out, we're gonna see Burkhart pretty close uh on the on the left over here.

So I don't imagine people are going east, you know, revving up and speeding to get where they need to go.

Um probably more of that's coming, you know, speeders are coming from the east to the west, right?

Uh which would be those folks coming in might, you know, in migrating, you know, for work or whatever it might be from Warw County.

Is that a safe assumption?

Could be.

Uh we'll have to look at the data, but it wouldn't make sense that most of the vehicles are traveling that way.

So how long does a speed study take?

Um and what all goes into that to determine a reduction in in a speed.

Sure.

Um couple weeks, uh we have the MPO do that for us.

They put out traffic counters that also count speed.

Okay.

So does the population density in the area uh make any difference as far as the counts go?

As far as uh does it factor into reducing speed?

Yes, yes.

Yeah, it's not just the speed.

Okay.

But we want to take that into account.

We need to know what the 85th percentile speed is, and then we look at that versus other safety aspects and then we can make a determination.

Okay.

So Brian, on the speed study, um, I'd like to see one done regardless of what happens tonight.

Does that get instigated with your office or with MPO?

Okay.

Yes, we've already decided we're gonna do that.

Okay, you so you guys are already committed to doing doing a speed study no matter what?

Yes.

Perfect.

Yes.

I think even without this development, we still need to look at the speed.

Uh yes.

Yes.

I'm you know, I have heard more from neighbors on this zoning, and this is the area that I represent, and so I am extremely concerned about the safety.

I I understand I've I've I've been part of uh this government for a long time, and so I understand that there are lots of checks and balances, and that you know we're we're gonna do the best to make it safe.

But they're already you know feeding in and telling me, and they're the ones that live there that they are concerned for safety now.

Right.

And adding more, and and I wanted to confirm too.

Did you say 1100 to 1200 cars a day is what this would add?

That's the projected counts, right?

Yeah.

Okay.

Somewhere in the somewhere between that, can't remember the data and come out.

Somewhere, okay.

So I mean it it this this is just this is just huge.

And you know, so infrastructure out there and and adding this unit and adding all of this.

It's it's just very, very concerning to me, and I'm trying to listen to what the people that live there day in and day out are telling me.

Yeah.

Uh go ahead.

Sorry.

Go ahead.

Sorry.

Go ahead.

Well, I'm struggling with this because I I hear you with this is a rezoning.

And there are additional steps that would have to happen in order for development to take place.

Even with that rezoning, once it's rezoned, it's rezoned.

And so it changes that property type.

It changes what it could be used for.

And I am I'm struggling policy versus people.

That's that's where I am.

I get that as a developer and as a business owner and all those things, you can follow all the things that you're supposed to follow.

But then we have a people aspect of it that is to me a greater concern.

People over money.

This is when I when I'm processing this and looking at the rezoning and you know, being the you know, one of the newest people on the council, I I understand differently the impact of a rezoning.

And so that's where my struggle is because some of the things that I've heard I've researched, even saying, you know, we'll do the minimum, um, or we'll do it, you know, what's needed.

That doesn't offer comfort because many times the minimum is not doesn't meet the standard of where we want to be, or just meeting a guideline.

Um I'm about what's the best thing.

If I'm trying to buy something, I don't want to buy um, I don't want to buy good, I don't even want to buy average, I want to buy the best.

So this I I don't know, I don't even know what questions ask at this point.

I just feel unsettled that it will be that it can be rezoned to um to this new zoning, and then looking at all of the different pieces that have to come in place to make it what we're trying to do.

Um so my question is is there has there another property or another situation that's similar to this that the city has kind of went from start to finish, where we're looking at a very narrow road, um new development in places, you know, people impacted, traffic studies, blisters.

Is there anything that I can because I've driven that several times since I've gone through this, and every time I've driven it, I just feel more and more uncomfortable about what's happening.

Well, I'm only in my fourth month here, so I can't.

Welcome, Brian.

Welcome to me.

I understand that we're not going to be able to do that.

The one that the one that comes to mind though right now is the tailor-made development.

It's kind of a similar situation where we're on a narrower road with the development, but um not a residential.

I can't think of it.

Where is that one?

Uh it well Taylor made it in the county, but it's on a city street.

So Petersburg Road is a city street.

The county is responsible for the rezoning.

But it's not built yet, so you can't go look and see what the impacts are.

But um I understand what you're saying.

Um, you know.

If the zoning goes through, we will work with the developer to make it as as safe as we possibly can.

We will we won't allow corners to be cut.

We'll we'll follow the uh the access manual and the um any other standards that we're required to follow.

Counselors, if I may, uh just to kind of recap uh what we've heard, and then I think it's pretty good time to uh hear from the public.

Um we've heard and counselor Taylor, you brought up um the best.

And I think that's a a good word, what is is the best.

What we haven't talked as much about is and we're getting into a lot of details here of things that council quite frankly just doesn't have purview over.

We're gonna let the experts do the things if this is passed.

But what we are looking at is a $35 million investment in a piece of property that is surrounded by housing.

And uh and my heart of hearts, of course I am concerned about the traffic and the safety uh of all these things.

But even though Brian is only four months, and I feel strongly that between Brian and Morley and this developer who has again when speaking about best, um, a strong track record of creating good development that we are in uh good hands.

And now I definitely want to hear from folks uh in the audience, and we all do, but I just want to again frame that we have uh experts here that are telling us that they are going to work to make uh this safe.

We have an opportunity here to have an investment in our community of $35 million and one of our uh from a bigger picture, one of our you know, broader uh aspects that the mayor is pushing is housing.

And this does fit the bill.

Um so if counselors are cool with it, I'd love to um Can I make one more quick comment before you go on to public discussion?

Um I I just want to a comment that um I I understand and appreciate all that you're saying, but again, I want to put on the record before we get into any other discussion or any votes that as a counselor that represents this district to me, it needs to remain R1, we can still do housing there, um, but single family homes is going to put a lot less traffic onto an already overburdened road and on and an already overburdened infrastructure with the water.

So that I just want to be clear about that and be on the record with that before we go any further.

Thank you.

And thank you, Brian, for uh for being here.

Yeah, can I clarify one thing?

I just want to be clear whenever you were talking about the passing blister.

Um obviously widen the road through there, but when I was listening back there, I it didn't seem real clear, so I just wanted to say that.

So thank you, Brian.

Thank you.

Okay, first Hickey.

If you can state your name and address, and you have three minutes, sir.

Good evening, Pat Hickey, uh 2415 Aiden Drive.

Um I want to speak in in support of the rezoning uh just from a rezoning standpoint, uh, just a few uh data points.

Um, our our rental market is essentially full uh occupancy over 98 percent, well above what is considered healthy uh in the wait list citywide for market rate uh it already totaled to over 300 households.

Uh secondly, uh an independent housing study just told us that the city needs over 3,000 more rental units in the next five years.

So that's a documented shortage.

And third and lastly, uh demand is growing fastest among uh moderate to uh higher income renters, which is exactly what this housing in this project provides.

So this isn't isn't speculative, it's filling a gap that the that the data uh already proves exists.

I'm supportive.

And Pat, are you you're here on EREP?

Correct.

Apologies, yes, Pat Hickey, Economic Development Director at the Evansville Regional Economic Partnership.

Thank you.

Thanks, Pat.

Next up, Ed Krause.

You can state your name and address, and you have three minutes, sir.

My name's Edward Cross.

I'm uh resident in Hickory Trace condominiums right there across from where they're getting ready to put in putting the apartment.

Uh just had some um information I'd like to share with everyone about the problem.

There's approximately 900 to 1,000 feet length from Burkart Road to that curve right there, and or 900 feet to our entrance to Hickory Trace.

And along that we have approximately well, right now we right at 78 condominiums in Hickory Trace, 200 using apartment unit in Westcock uh complex down over the hill there.

Thompson's gonna have 40 plus homes in the his and uh the new apartment is 216 uh at 6600 Boonville.

The uh traffic from uh Center Point Trenton Church is right there.

Uh Cy Tech Business is right on the corner of Burkhart and old Boonville coming and going there, and uh just across the telephone road uh where you turn on telephone road, there's a new uh fairly new uh industrial park starting in there.

We have large trucks coming and going there every once in a while.

This amounts to approximately 500 plus resident that's gonna be fighting to get on and off of old Boonville Highway there in a stretch of 900 feet or so.

It's gonna take an awful lot of road widening and uh inconvenience and everything to make that safe.

And uh it's a very desert stretch, and uh do not agree with putting the apartment complex in.

Thank you.

Thank you.

Thank you.

Kathy Tooley.

Hi, my name is Kathy Tooley, and I live at 2537 Pecan Trace in Hickory Trace apartments.

First of all, I want to let you all know we weren't clapping for anybody getting hurt, and because most of us have never been in this situation again, we didn't know that was improper, but I do apologize on behalf of Hickory Trace.

And if you all would like to stand up so they know that.

Our shared responsibility for Evansville's Evansville's long-term growth, fiscal health, and community safety.

Before looking at the technical side, I want to share a safety reality that those of us driving this road face every day.

The semi-trucks traveling east and west already struggle with the physical layout of Old Boonville Highway.

When they navigate that terrible curve, there is simply not enough room.

They regularly drift into the oncoming lane and force drivers right onto the shoulder just to avoid a collision.

This happened to me personally a couple of days ago, and I was forced almost into the ditch.

Adding high density traffic to a road where drivers are already forced off the asphalt isn't just an inconvenience, it's a hazard.

First, we want to be mindful of the standards we set for our city.

We all want to see Evansville grow and thrive, but we want to ensure that growth happens hand in hand with infrastructure that can truly support it.

Choosing a lighter infrastructure patch like a passing blister for a high density project might unintentionally signal that we are willing to compromise on safety standards for quick development.

We know this council values high quality, sustainable planning, and we want to maintain that standard here as well.

Second, we want to gently bring emergency responders access into our conversation.

Our local fire and EMS teams do incredible work protecting our community.

Because the stretch of road has unique geometric challenges, we simply want to ensure that introducing a high volume complex won't inadvertently create bottlenecks that make their life-saving jobs more difficult during a crisis.

Finally, we want to look at this from a place of fiscal care for our city's resources.

When infrastructure is put under more pressure than it is originally designed to handle, the long-term maintenance costs eventually fall to the city and its taxpayers.

We want to protect Evansville's budget by ensuring that any upgrades made today are robust enough to last for decades without leaving a financial burden for the city to fix down the road.

We know today you have an incredible difficult job balancing growth with neighborhood preservation.

We are not here to oppose progress.

We are simply asking to partner with you to ensure that progress is safe, fiscally sound, and built to last for everyone involved, because development without proper safety infrastructure is a receipt for disaster.

Thank you.

Thank you, Kathy.

Marcia Forston.

Again, if you can state your name and address, and you have three minutes.

Good evening, Marcia Forreston, 2608 Orleans Trace in Hickory Trace.

Thank you so much for your time today and for the opportunity to share our concerns.

I am deeply grateful for the work each of you does for our city and for your continued commitment to elevating opportunity for all in our city.

I too fully support the growth and expansion we see across our fair city.

It's exciting and it's good for our future.

But growth only succeeds when the infrastructure keeps pace, especially when it comes to safety.

So it sounds like a broken record, but this is very serious business to all of us.

As I shared in my June email to you, my 94-year-old dad spent part of his childhood on Old Boonville Highway on the other side of Lynch.

He has many fond memories of the creeks and the rural beauty of that area.

Back then in the 30s, 40s, and 50s, it was true truly rural.

The problem is that while the surrounding area has grown into a busy developing modern expansion of our city, this stretch of old Boonville Highway still functions as a rural road.

As you've heard, it remains extremely narrow, has no shoulders, and yet carries semis, school buses, city buses, walkers, and neighborhood traffic all at once.

Just this morning, I saw a walker who was startled and clearly nervous as a car approached and there was no shoulder of safety for her.

At our last meeting, it was noted that the traffic does not seem to travel east on Old Boonville Highway at high value, at high volume.

And I can tell you one reason why.

People avoid it because it feels unsafe.

A close friend who lives in Centera Ridge intentionally chooses alternate routes whenever possible.

That's not a small thing, it's a sign of a problem.

And our safety concerns are not hypothetical.

We've discussed this evening the unfortunate incident with the Morley employee.

While yet while he was not on the road, the road begins as very, very narrow and creates an opportunity for tragedy and uh disaster.

The very week before that June meeting, a serious accident occurred at the Burkhart and Old Boonville Highway intersection.

An intersection that already has seen increased traffic with the new apartments on Lynch and will see dramatically increased volume as a result of the large apartment complex under construction on Burkhart.

My neighbors and I personally witness near misses at that light literally weekly, really actually more than weekly.

In fact, I've recently learned of at least one neighbor who now turns right out of Hickory Trace Community to avoid that intersection, even if her destination is on Burkhart.

That's your three minutes.

Sadly, these in incidents are not rare, and they validate the concerns we're raising.

Ideally, the entire stretch from Green River to Lynch would be addressed.

That's your three minutes.

Thank you very much for your comments.

Thank you.

Mark Tulley.

Name and addressed.

My name is Mark Thule.

You have to forgive me, I'm allergies are killing me.

Um I live at 2537 Pecan Trace.

Um I think a lot of this we talked about infrastructure tonight is the main concern for almost everybody.

Um one of the one of the things that we haven't really, there's no, as we talked about the street being really narrow.

We didn't, there's no street lights, there's no shoulders, and there's no sidewalks.

You have apartments right over there next to us.

You have a lot of children there.

The church on the other side of us is a great neighbor, and they have basketball courts.

Well, the children from the apartments can't go down the road because it's not safe.

So they cut through all of our condos.

Most of the time they're on the streets.

We don't care.

We'd rather see them come through there and then one of them get splattered out on Old Boonville Highway.

The other thing, and and I'm sure, you know, I don't know for sure, but I'm guessing on these apartments, if they don't have basketball goes there, the church is going to be gracious enough to allow those children to come over and play basketball.

Now they're going to be crossing that road.

That's 45 mil an hour, no lights, no sidewalks.

And there ought to be a study too on semi-traffic on there.

They may or may or may not bend many of those when when Mr.

Morley was out there doing their work.

Um I think the county approved those industrial buildings back there before the city annexed all this.

But there's quite a few semis.

They fly on that road.

Uh I've I've we've lived there two and a half years.

I've been almost hit twice coming out.

I used to leave early in the morning and go to Indianapolis.

And people coming down from Centera Ridge in the early mornings use that as a racetrack to get to Burkhart.

The other thing I want to talk about is I don't know if you can pull that map up to campground road.

But I want to talk about water for just a second.

I spent a lot of time talking uh to Sean today.

Sean Ryan didn't utility meeting he was great.

The guy knows a lot, and he and he was very helpful.

You could think sitting where we're at off of uh Burkhart Road, Green River Road, that ultimately I would think that we came water was supplied from Green River Road by the old Goodwill.

And but it's not.

It comes all the way from Campground Road.

At that tower.

Now think about that.

Think how many miles that is.

You can part crow to fly.

And you've got the bottom of your water tower.

This way, Sean explained it to me.

You've got the bottom of your water tower sitting up in our elevated out there.

It's not an issue of whether or not we're going to run out of supply.

It's it's pressure.

That's the issue.

You've got the bottom of your water tower, and you've got our elevation right here.

So it's my also understanding today that there's five other future developments that are being looked at on properties out there real close to us.

And that came from the utility.

Um this problem is going to get worse.

And if I could show you water pressure coming out of the sink before I came here this afternoon.

This isn't people coming home and get their kids taking showers or saying it's it.

I mean, it's terrible.

I'll glad to show each one of you if you want to see it after the meeting.

But I our big thing is the infrastructure.

You know, how do you how do you get that worldwide?

How do you get streetwrites?

Thank you, Mark.

How do you protect those children from crossing that street?

You know, it's kind of scary.

That's all.

Thank you.

And that's all the public comment.

Um Jim, any final words before we go roll call?

Um just to just to touch base on a few of the things uh that have been said, there's been a lot of talk about this road.

And uh I've gone on record uh as the design engineer, registered engineer, been doing development in war county or in Vanderburgh County, City of Evansville for 31 years.

Uh you have a city engineer who is a registered engineer with I think we were actually at Purdue at the same time, so we're rough he's got about 31 years also.

Um there's no way I'm stamping a project that's not safe, and there's no way he's approving a project that's not safe.

Um design will meet or exceed the requirements that the city has when you say you are meeting uh meeting the standards that they only have they just have a standard.

They don't have a good better best standard.

They just have a standard.

It says you know, 200 feet or 300 feet, and that's the standard that you have to meet.

Um by default, uh I didn't create those standards.

It would amaze me if there's not a safety factor in those standards themselves.

But regardless, um, there's no way that I'm stamping something that is anything but safe, and I know the city's not approving anything but something that's safe.

Uh as part of the as part of the entrance onto this project, we will be improving that roadway.

We will be widening the roadway in our area.

Um, and the the way that infrastructure gets built in this city is by tax dollars.

And I'm not an accountant, but I think rental properties are taxed at a 2%, I think, and at a $35 million investment, that's $700,000 a year in property taxes.

And that's how the city funds projects.

Um, however, we've gone on record as saying that they're gonna build the improvements that are required by the city.

Uh I've met with or met with the city engineer once.

We actually have a meeting tomorrow also on this project.

Uh assuming it gets rezoned, we'll be meeting tomorrow on it also to continue that conversation and make sure this entrance is a safe entrance.

And the it we are not putting anybody in harm.

I don't want to, I mean, I assure you, just I don't want anybody to get hurt either, right?

I don't want kids to run across the street and play basketball and get hurt.

And so I'm not going to create a project that creates that situation.

Um are newer, and some of you all are or have been on the boards longer.

I've been in front of you all a lot of times, and to the best of my knowledge, you've never had somebody come and say that I designed a project that was a safety problem for somebody.

Um and so I believe that is that we can take care of that, and I have full confidence that that will take care of itself uh on the water side per the watering the water modeling consultant that the uh that the water and sewer utility uses.

Uh I can I can read that quote again, but it was in the effect of this this project will not have a negative effect on the adjoining property owners for water.

Um the city may look at rerouting some water returning some valves, whatever they want to do there, but that is irregardless of whether this project comes in or not.

Uh that from a sanitary sewer standpoint, there is uh we will be taking our sewer to the Eagles List station.

We've had extensive conversations with MZO Water and Sewer Utility on this project about does it have the water capacity, does it have the sewer capacity?

And so the infrastructure the water and sewer infrastructure is there for us to connect to, and the any sh the shortcoming that road has we will be you know upgrading that piece of the road uh where we tie in at and putting in a passing blister, bringing it to safe standards.

Uh so I would never bring forward to you all a project that was that could not be made into a nice safe project, and I fully believe that this project can and will be a safe project.

Thank you, Jim.

Thank you uh all uh in the audience for your uh thoughtful comments, and thank you, counselors, for uh good discussion uh with all that said, uh Madam Clerk, would you please call the roll?

Councilwoman Taylor, no.

Councilman Hieronymus?

Aye.

Councilwoman Hatfield.

Aye.

Councilwoman Kyler Lindsay?

No.

Councilman Brinkmeyer?

No.

Councilwoman Allen.

Aye.

Councilman Green.

Aye.

Councilman Johnson?

No.

Councilman Trockman.

Aye.

There being five eyes and four nays.

This.

I'm sorry.

Uh R this ordinance R 2026 09 amended is hereby declared uh adopted.

Thank you, everybody.

Thank you for your time.

Ordinance R, 2026-12 amended, an ordinance to resonate certain real estate in the city of Evansville, State of Indiana, more commonly known as 1307 and 1311 hitting Avenue.

Is there a motion to accept the second amendment for ordinance R 2026 12?

So second.

Aye.

Opposed.

So ordered.

I'll give them a second to move out.

Guys, if you can please exit the room quietly.

We're still on the record.

Thank you.

Is there a motion to adopt ordinance R 2026-12 amended?

So you have first and a second.

All those in favor?

Any opposed?

Cassie.

Good evening, Council members.

I'm Cassie Virgin with the Airy Plant Commission.

Might have forgotten who I was since I wasn't here last month.

This one I have for you first is APC docket number REZ-2026-015.

Proposed ordinance R-2026-12.

This site's located in a solid area of residential uses, exclusively zoned R2.

So on the east side of Highway 41, just south of Washington.

Many of the homes in this area were constructed around 1920 to 1930, and the two residences previously occupying these lots are shown on sandboard maps as early as 1928.

Single family use continued until each structure was raised by 2017.

Both lots remained vacant green space until they were sold at a share's tax sale shortly thereafter.

The applicant purchased both of these lots and began to establish agricultural use without permits.

APC staff received a complaint through building commission regarding this property in September 2024.

A complaint of overgrown weeds was sent to the code enforcement staff, and upon inspection, they observed unpermitted structures.

They were later informed by the applicant that the overgrown lots were being used as a pasture for chickens.

APC staff researched and inspected the property and confirmed the unpermitted accessory buildings.

Large raised garden bed and chickens kept on site with no apparent primary use or structure.

Contact with the applicant confirmed their primary residence is located six lots to the south and not adjoining this site.

The applicant was given several options to move forward.

Number one, discontinue the agricultural use and remove all unpermitted structures.

Number two, relocate the uses to the property where their primary residence is located and legally permit as a residential accessory use.

Number three, legally establish the use at the current location as accessory to another residential use by building a new residence on the property, or obtain a rezoning of the property to AG and complete the legal permitting process.

The agricultural use continued with no action to bring the property into compliance, eventually resulting in additional citations and fines.

A separate citation was also issued for storage of junk on the property.

Observed at a follow-up inspection.

The applicant then requested a jury trial to contest the fines, which took place in March of 2026.

The jury decided in favor of APC.

The applicant is now requesting to rezone the property to AG to legally establish the existing agricultural uses.

The 2035 future land use map recommends this site for residential uses.

They request to spot zone the property to AG to legally established crop farming and poultry raising as the primary use would not be supported by the comprehensive plan.

Per the zoning code, all areas zoned AG in the county before annexation are immediately reassigned as R1 single family residential when they're annexed into the city.

For this reason, there is no property within the city limits that is currently zoned AG.

Active farm ground can continue existing agricultural use as legal nonconforming until another use is established or developed.

This provision likely aims to address any concerns of incompatibility with adjacent residential uses that are in close proximity or other uses that may arise with the raising of or other issues that may arise with the raising of animals or crops in a dense urban environment.

Additionally, the zoning code requires agricultural uses involving the raising of animals to be separated from the nearest residence by a minimum of 500 foot, which cannot be obtained on this property.

At the ABC meeting on July 2nd, the applicant presented a list of signatures said to be in support of the petition.

However, after further review, it appears this list was dated May of 2025.

Many residences in the surrounding area are rental units.

Therefore, these neighbors might not be aware of the requested rezoning as a notice letter is only required to be mailed to the property owner and not any current tenant.

The applicant also presented an updated UDC, which states that animal and poultry raising is limited to no more than five hens per parcel.

The site occupies two adjoining lots, which would allow 10 chickens total.

This limitation also does not say other animals would not be permitted.

The limitation placed on agricultural use states 80% of the property footprint could be used for agricultural crop growing.

However, if the property were residential use, lot coverage would be limited to 30%.

This document was filed with an amended application.

However, the original signed and notarized UDC form was kept in the application.

It did not make reference to any attachment.

I was unable to get confirmation from animal control on the enforcement of their code.

However, there are several provisions that would seem incompatible with this property from my reading of their ordinance.

And the neighboring residences are close to or on the property line on each side.

Additionally, the ordinance specifically states several times that large animals are not permitted unless the property is zoned ag.

Approval of this request would likely set a precedent for future ag rezonings in dense residential neighborhoods.

So without the appropriate safeguards for the surrounding neighborhood or input from animal control, it might be a negative or detrimental on the surrounding community.

Do you have any questions?

Cassie, that was very thorough, please.

Zach.

I have one question.

What was the recommendation from APC again?

APC recommended approval with one negative and seven affirmative.

But it was after the meeting that I was reviewing the documents that were given to us at the meeting, the updated UDC and the petition of signatures, and saw some issues that weren't discussed at the meeting.

Okay.

And then also we didn't have any input from animal control.

And I still don't have any confirmation completely on their code.

So my reading of their ordinance was just my read through.

I didn't get someone from animal control to confirm exactly how they enforce it.

So when before you walk away, um in reading your very thorough assessment of things, there I heard a lot of could be, maybe potential things that sort.

So it's making a lot of assumptions of I guess worst-case scenario.

Um type thing is what I'm hearing.

I think in a rezoning instance, just like was discussed on the last petition.

If it's not written in the UDC, we can't enforce it.

So we look at it as any possibility is a possibility, whether it's extreme or not.

People do different weird, unique things sometimes.

So anything is a possibility.

If it's not written, if it's non-riding and recorded with the rezoning ordinance, anything.

Okay.

Um this being Ward 2.

Um, I put out some fillers for my constituents, and I've not received anything negative in regards to this.

I have received um comments of people supporting it because of um, and I have not, let me just say I have not been over there.

I don't know what it looks like.

Um, but for I think there was some kind of garden or something that was there that I don't really um I don't know about, but I heard more in favor of um, and I did not receive anything of a um negative in regards to it.

But I myself have not um looked at it, but I've not received anything that would be against the um against the what is changing to.

I might just add something important, I think Cassie mentioned is that there is no parcel located within the city of Evansville that is zoned for agreement.

Yeah, heard it.

Yeah.

And to spot zone is generally against recommendations for a council body.

Yeah, and what I was saying at the end about it setting precedent, there's really no rules for in the city that are different from in the county for ag uses.

Um there's the 500-foot rule that would still apply in the city, which obviously can't be accomplished in this situation.

Um, but there are no sp more specific rules that would protect surrounding neighbors should other people then continue to ask for ag zoning within the city.

Okay.

And at this point there never has been one.

First time for everything.

Thank you.

Thank you, Kevin.

Yeah.

I will tell you this is a very unique request, and um as with things that set precedent, uh, I I think you know, we really need to be confident if a precedent is going to be set that it's um not going to trigger other opportunities therein to to do the same thing.

Um, when we start talking about a Cassie, I I think I understand our local ordinances with respect to livestock as being very, very limited within the city uh uh jurisdiction.

Um albeit that should still hold true.

Um can you refresh my memory again as to what the intent and purpose was, what what kind of more animals or exceeding what you saw the local ordinance if I it was one of the longest uh reports that you've done.

So I I was trying my best, and uh I normally do a good job of taking notes, but uh so from my reading of the animal control ordinance, it it states several times over that you cannot have large animals unless you are zoned ag.

They won't grant you a large animal permit unless you're zoned ag.

So therefore, if a property is to be rezoned to ag, then whatever kind of large animal they'll give a permit for, which we did give a call out to them a couple weeks ago because we had someone closer to city limits on the west side that wanted to put up a horse barn and they were gonna have one or two horses, and animal control strictly said no, there's no ag property within the city.

We don't have anywhere that would allow horses, and so that wouldn't be something that you could just go ahead and do.

So that I took from them that they don't issue large animal permits typically, unless it's something that was already existing and was forced to become R1 whenever it was annexed in.

I don't think that they do hardly any of that.

Okay.

I I think for me, you know, setting a precedent and in a hyper unique manner like this in a very dense urban area is something that I'm uncomfortable with largely in part, as we all know when it comes to rezoning, if there's not ironclad UDCs in place on you know, intent and purpose that transfers when that property transfers, the next owner of it can come in and do whatever they want within the bounds of the law, and that's not to say uh that you can't find a a workaround.

I don't know if anybody went to the fair this past week.

It was pretty hot, so I don't know if uh you all had a chance to get out and about, but uh in proximity of small wildlife or farm animals uh in um you know in abundance is a I don't know if nuisance is the right word, but is a concern from a what does it do to the uh integrity of a neighborhood, right?

I've got friends that have chickens and have them within the bounds, and I've enjoyed, you know, when they have a surplus of eggs because the the fresh eggs are there, but um, you know that's within the bounds of the law in an R1 or whatever, wherever else that is.

I think I think a precedent like this is just a little too uncomfortable for me, all things considered.

So since it was long, just to clarify, these things would be allowed if it was on the property with the primary residence.

The reason it needs to be rezoned is the primary residence for this is located six lots down the block, and there's six homes in between.

So if these things were kept on a residential property, they didn't go over lot coverage or anything like that, and they follow the animal controls code, they can keep as many chickens as animal control allows and have whatever kind of garden they would want to have.

That's allowed on any residential property.

Okay.

So thank you for the now that's clearing up something for me.

So if this was a so if the neighbor next door at whatever 1305 or whatever um wanted the same exact thing to have some chickens and to have this whatever, we would not be sitting here.

Okay.

But because this particular property, the owner lives six houses down from it, that's why we're here.

Yeah, it would have to be like an accessory to your residential use.

You are there with the animals, making sure everything is copacetic and it's not down the block from you.

Well, six houses.

Well, you said at first I thought you said six blocks.

No, no, no.

But you're saying six houses, six or six lots.

Oh, that's okay.

Thank you.

And Cassie, there is a UDC on here that limits it the use only to yard barns, chicken coops, chicken roost and gardens, correct?

Yes.

So at the APC meeting, a document was presented as an update to the UDC that stated that the number of chickens would be limited to five per parcel, which would be a total of ten in this case, because there's two lots.

And then that agricultural use would be or agricultural crop growing or garden, whatever term you like to use, would be limited to 80% of the total property.

Um those two things were put on a separate sheet, and the amended application did not say on that UDC that there was an attachment, so it wouldn't end up getting recorded as part of the UDC.

So that would be so could they add that in still?

Add it as an attachment, yeah.

It would have to be amended to make it say that there's also an attachment.

Okay.

And we could do that on the floor tonight, or they would have to come back.

You can make it a condition that they would have to do that before it could be recorded.

Otherwise it wouldn't be approved.

Okay, thank you.

Is there a representative here that like to before he speaks?

I I actually went out and looked at the property.

Uh it's a little bit bigger lot than you normally see, which well that's not up now, but I guess it's actually two lots.

Um an operation of a half a dozen chickens is a whole lot smaller than what you would imagine it to be.

It's it's not like it's it's going to be a big old area that's big as this room with chickens all over it.

Um I'm assuming that the reason uh that there was nobody against it, and there were several people that were actually for it is because the neighbors were the beneficiaries of the garden and uh and the eggs.

So uh I don't know, it just not like it's it's going to be uh Tyson type operation, I don't believe.

But uh as I said, I went out and looked at it, it's it's it's not this great big huge operation, it's just it's just a small area.

So anyway.

Uh I counselor Green, I want to kind of talk a little bit about that.

So as a as a board member on the Brownfields Corporation, which obviously uh has a explicit duty uh to our community to purchase up vacant lots uh ideally for development.

Um, if uh I'm just gonna caution again, if we set this precedent um when somebody purchases a lot, uh a vacant lot, and I'm not saying necessarily through um through the you know brown fields because there would be explicit agreements in there.

Um I'm not also equating that to any purchases through land bank, but let's just say, for instance, um I live in the 47714 area code, uh, which, if you're not aware, is one of the most highly um home fire prone areas, right?

We have homes from the 20s, the 30s, 40s, and 50s that predominantly make up, right?

And so for whatever reason, we have a higher clip in 4714.

Homes burned down, vacant lots become available, and somebody says, I want to, I want to I I learned of this opportunity, I learned of this precedent.

I think I want to purchase this and not redevelop the property in an urban area, right?

And mind you, community gardens and and what have you, you know, have been done in the past and they continue, and I think counselor uh Johnson is is working on one as well, too.

Um, and maybe you can talk speak a little bit to how a nonprofit is able to achieve this versus a private individual.

Um but it but at the end of the day, um like you know I think I think when we have the when we have this option here to set a precedent, we need to be mindful about the long-term uh impacts of how it will be, uh whether it's a uh a vacant lot in the 47714 or 15 or downtown or whatever it might be.

Um kind of going back to the reasonableness of uh what I felt was the decision that I made uh with the Boonville old Boonville Highway project.

I thought it was a reasonable project, not unreasonable.

Um I don't know if this is a reasonable project, especially in the sense of the precedent that it sets.

And I think as a counselor, and I can uh uh prior to becoming a counselor, especially as a counselor and as an outgoing counselor, I will always caution that precedent is something that we need to take uh into great concern, however benign it may seem or however large it may seem.

Thank you, Zach.

Bruce.

Hello, I am Brent Jackson.

I live at 1401 Henny Avenue.

I am five doors down from the lot in question, the lots in question.

Uh these lots originally became available around 2018.

Uh one of them was burned down, one was condemned.

Uh I am the neighborhood president of the President's Neighborhood Association, and in my role, I went and knocked on some of the doors surrounding these lots and asked the neighbors if they were interested in buying any of the lots.

And uh there was no interest in buying them, and I ended up bidding on them and receiving them.

Since then, I started homesteading the property.

I put a barn on it, I built a garden on it, and yeah, I did put some a chicken coupon.

This book did not come without first discussing this with the nearby neighbors of whether or not they would accept something like this.

It is not something that I would have ever thought I would be here before you today on my bingo 2026 list of things I was gonna do.

This is something that happened to me.

No one really complained in my neighborhood about these things that are going on on this property.

As you know from the review, it was turned over from code enforcement over to area plan in which they acted on.

So and the fact that all the neighbors did receive uh a notice of the area plan commission, including the owners of the properties, whether they were rental or not, none of them I would suppose are here tonight to remonstrate against this change.

I didn't want to zone this property agricultural, but I feel I don't have any other choice.

You can't put a barn on it, and we should just talk about that one thing.

Forget the chickens.

I can't put a yard barn on a R2 zone piece of property that's five doors down from my house, so that I can mow the grass and keep the property up.

I think that is a basic minimum need of any piece of property that has grass growing on it, that you're allowed to put a yard barn on it.

The garden is a raised bed garden.

It is considered another accessory structure.

I don't feel that anybody should be limited to what kind of vegetables they they're growing there, even if it is in a raised bed structure.

And um so I I feel that if the code were different, I would not be here before you deny.

If we allowed for yard barns or people to treat all R2 zone properties the same, that would be different.

But this is I feel a discrimination, maybe inadvertently discriminating against me, but it is discrimination.

All our two properties should be treated the same in the city of Evansville.

I would say to um up I don't know if you're familiar with the project that you were talking about.

We went through similar things as far as what we wanted to put on our property, and the process was it was a lot.

Uh this was all new to me, so they have to go through that process to um actually turn a vacant lot.

Uh it wasn't a vacant lot, but it was just sitting there basically.

We tore the house down and then we wanted to do more with that lot, but the process was it was a bit much, but all the neighbors were excited about it except for I believe one, but they didn't live on the same block, they were just in a neighborhood.

But um I think this is a great idea.

You you talked to all the neighbors, they all said that you know they like it.

I don't see anything wrong with it.

I would actually love to see more of it because I know again what it's going to do for that neighborhood.

So I appreciate you even doing what you're doing.

So thank you for that.

Thank you, cool.

Yeah, I co-sign um with that as well.

And you know, especially when it comes to gardening.

I I believe right now everyone in this room, if they won't, you know, I don't know if they're like me, haven't had a salad in about three weeks.

Um, we all should be looking at build planting something in a garden.

Um and you know, I try to be as intentional as possible with um with my war two constituents and asking questions and responding.

And even in neighborhood association meeting that I've attended, it was very much in favor.

I do understand, and I think I even asked you about what precedence does it does it set.

And I get um, you know, what I've my fellow um counselor is saying about that, but I also know I come from um I've I've worked in larger cities and community gardens and things of that sort.

We're seeking those things out.

It's not something we want to make more difficult.

And so I also hear you when you talk about the in and hear um the counselor talk about how difficult it is for this process um to put a community garden, and I believe that's a bigger issue that we can take up, but I am in full support um of what of what you're doing, and I believe that for that community, I would much rather see a garden there than an empty lot and it not being beneficial to anyone.

So I appreciate um the diligence that you've done, and I know this forced your hand is not something that you wanted to do.

Um, but for you to keep doing and keep moving forward to keep it that I appreciate it for my Lord.

Thank you, Mr.

I I just want to make clarification here that I am not opposed to what you want to want to do within the bounds of what the ordinance allows.

I definitely hear what you're saying about what it is.

I don't think the appropriate manner for us to go about this is setting a press it precedent from putting for down zoning into agricultural within the urban area.

What I will say is there this does beg the question of empty lots and and to what you're saying R2 uses.

Let me give you an example here, uh, because if we were looking to up zone this to a higher zoning, like we dealt with uh off of North First Avenue.

We took a uh zoning, upzoned it.

Uh so to your point, a yard barn.

This was not a yard barn, this was a big um you know, garage structure that was essentially for personal use uh to store toys and be a man cave, right?

Um that was an upzoning process, right?

I think I think where we're at right now, and this is I'll just reiterate again, I would caution with setting precedent here, most especially uh without vetting any other opportunity of how can we make this happen outside of setting this unique precedent.

Changing the laws that we have, as we all know as city counselors, we are you know, the the law governing, we are the legislative body of the city.

Um now, mind you, it is a process uh to work with APC and make changes like this uh so they make sense or you and and are as uniform and um equitable as possible.

I I want to throw that out there, get it on the record because I don't I I want to make sure that we're not rushing into a precedent here when we're not considering all options to achieve what you're hoping to uh achieve here.

So I'd like to speak to that.

So as you heard, they sued me for this project that I've been working on.

I was working with the Area Plan Commission on changing the law.

But they have a clock against them, time uh the statute limitations.

They would not have been able to sue me if they let too much time to go by.

So there is a pro I am working on changing the ordinance.

I have asked United Neighborhoods of Evansville to step in and to look at this and to possibly change the ordinance to where it would reflect a better community standard.

Uh so that continues to go forward.

But like in most changes, you have to have a victim.

And I today am that.

Mr.

Jackson, I I hear you and I understand the process.

I've I've seen it you know happen quite a quite a few times.

Um what I do know is I think you had mentioned that code enforcers is the one that really brought this forward, right?

Um, I don't know how it happened, but most oftentimes code enforcement is a reactive situation, meaning uh there was a complaint or whatever that that came in.

So I I hear I I just I want to put that out there because it's not like we don't have enough code enforcement folks to be patrolling every particular neighborhood, and and I'm gonna assume that getting down into your neighborhood is not you know, not necessarily you know, in a uniform route of maybe where they're going.

But just just to kind of put that out there that code enforcement did trigger this.

We do have those laws on the books.

Uh that is on you know the unfortunate side of it.

I also know that there's APC is fined and or you know uh I've got a person in one of the neighborhoods in my ward that has about sixty thousand dollars in APC fines for basically running a business out of his house that for whatever reason he's not paying.

And I and I don't know if there's any means of them to recoup that as well.

So I don't know if that's the same case for you or if it's something that you can appeal uh while this process works it out if counselors are amenable to looking at how can we achieve this without this downzoning.

So I have a question.

Can I ask a question?

Oh, go ahead, Mary.

Sorry.

Oh, okay.

Counselor Allen, please.

Okay, thanks.

Is there a way uh to do this?

I have no idea here, but to where it goes back to uh that's previous zoning, what is it?

RT at when he sells, so when it is no longer his property, that can it automatically go back to the previous zoning?

So this is a because this is a it is a very special circumstance.

Uh so I I don't know if that's a possibility.

Okay.

Okay.

Could could we at least put it in the use and development?

And it's been a long time, Cassie, but I know that we did that on the zoning back in the 90s, early 2000s in the fifth ward, where somebody wanted to open up a tutoring center, and we we attached, I think in the use and development commitment that that person pledged that they would return the property to the previous zoning.

Yeah, nobody else, that's it.

We find them all the time from the 80s and 90s where that's in the UBC and still let it live.

I know this property did go back because it's now home, the tutoring center closed, and it's been long enough ago.

So yeah.

Councilor Allen, were you able to hear all that?

Yes, thank you.

Okay.

Yeah, thanks.

So my question is Councilor Taylor, let's you you you're uh thank you.

You're up and then I think we'll take a vote on this thing.

Um my question is for Ben.

So in here, is it possible that we can add in where it talks about agricultural operations that take no more than 80 percent of the property footprint and then the animal and poultry raising the limits no more than five hands?

Can we add that in tonight?

That it has to be recorded out in tax.

Yeah.

Yeah, to repeat that.

You would need to make a motion to amend the UDC.

Okay.

Can I make a motion to amend it to include this here?

It has the agricultural operations that takes more than 80% of the property footprint and limits the use of no more than five hands per parcel in zero roosters and follow all animal ordinances.

I'll second that.

All those in favor?

Aye.

Any of aye.

Laura, did you get all that?

Hey, I didn't oppose it.

I don't know if that was delayed.

I don't want you to take that as opposition.

So essentially we're just making a motion to amend the UDC to include the attachment.

Yes.

Okay.

Got that.

Thank you.

Um everybody comfortable?

Madam Clark.

Well, I'm sorry, is there anyone?

Uh I know there wasn't any slips, but is there anyone uh that wanted to speak on this?

All right, we'll move into roll call.

Councilwoman Taylor.

Yes.

Councilman Hieronymus.

No.

Councilwoman Hatfields.

Aye.

Councilwoman Kayler Lindsay.

Aye.

Councilman Brickmeyer?

Nay.

Councilwoman Allen.

Aye.

Councilman Green?

Aye.

Councilman Johnson?

Aye.

Councilman Trockman.

Nay.

I think that's it, six and three.

Uh six in favor and three opposed.

Uh ordinance R 2026 14.

Is hereby declared adopted.

Ordinance R, 2026-14 and ordinance to rezone certain real estate in the city of Evansville, State of Indiana, more commonly known as 2828, Mount Vernon Avenue.

Oh, sorry.

Uh is there a motion to adopt ordinance R 2026 14?

Hearing a first and a second.

Uh Cassie, this is your show.

Okay, last one.

This is ABC Docket number REZ-2026-017.

Proposed ordinance R 2026-14.

This site's located in an area that's mostly made up of residential uses with nearby commercial concentrated around major intersections to the east and west.

And the immediate vicinity includes residential uses, zoned R2, and a legal non-conforming residence, zone C4.

Several lower intensity commercial uses, zone C4 are located along Mount Vernon Avenue, including a dog daycare, a dry cleaners, and a small shopping center, and then in the greater surrounding area, there's a chain grocery store.

The northern portion of the site was blanket zone C4 on the first zoning maps in 1940 as a strip designated for future commercial development.

At that time, a gas station was the only thing occupying the site.

It was at the northwest corner of the property.

A large building was later constructed for a Saveway market around 1950, and the southern portion of the property remained residential until 1970 when it was rezoned to C4 to accommodate an addition to the market.

The building was in use for a medical clinic beginning in the late 1980s, but it was eventually raised in 2013.

The lot has remained vacant since that time.

This request to rezone the property to M2 for the proposed woodworking shop would not be completely compar consistent with the comprehensive plan.

The plan supports the commercial focused aspect of operations.

However, wood processing and wood product manufacturing activities would be inconsistent with the historical use of the property and existing character of the residential area to the south.

The intensity of these operations would ultimately determine if there would be any negative impacts on adjacent residential properties, such as industrial emissions, odors, loud noises, or reduced property values.

The proposed site plan has been evaluated by site review.

Several variances will likely be necessary to permit construction according to this plan, mostly for the lack of of grass and the required green space setbacks because the whole lot is basically a mix of concrete and gravel at the moment.

Additionally, an industrial use directly adjacent to residential use must provide a 20-foot unobstructed green space, but the size of the proposed building will allow less than 10, and that's to the south.

That's the only residence that's directly abutting the property.

Should this request be approved?

The UDC could be modified to include development commitments that would maintain or reinforce an adequate buffer to protect that neighboring residents, such as compliance with the required 20-foot green setback or installation of a landscaping buffer.

This request comes forward from APC weather recommendation for approval, having eight affirmative votes.

Thank you, Cassie.

Matt.

Matt Layman, our layman and son.

Been here for a hot minute.

Yeah, move around a little bit, huh?

Yeah.

And first off, before I forget, I do want to thank Zach for his years of service here.

We are going to miss him in.

Um I want to say that.

My memory is not great, so I'm going to say that.

About a month, okay.

Oh, five months, okay.

Yeah, that's almost too much, isn't it?

Sorry, my got some fluid on my ears still.

So all y'all can handle.

Yeah, so uh as a born and raised uh West Sider that frequents this uh path often going up to uh to right, so I'm excited to see that something is looking to move into this lot.

Uh this lot's been an eyesore um like Cassie said since 2013.

Um our client, Mr.

Rogers, uh currently has a very small board work the wood working operation that he operates.

Um it's him and a couple employees, they do high-end cabinetry, so uh walnut, um your um you know, your your other fine woods that you can't just go to Lowe's and and pick something up, I shouldn't say lows, uh a box store and pick something up off the shelf.

Favoritism, huh?

Yeah, really.

Um for again because of cab cabinetry, door casings, window casings, that sort of thing.

Uh they're not gonna have crazy hours.

It'll be uh typical working hours, as was mentioned during APC.

Um the uh air compressors in its own separate room that's um insulated on its own.

So from a noise standpoint, if you're if you're frequent with this, if you're familiar with this area at all, uh there's a um are an arcade uh right there in that uh strip center, as well as a gas station that's kind of caddy corner to this.

Um and then there's a dry cleaners right across the street.

So as far as any you know funky smells or random noises or anything, I don't think anything's gonna be out of the ordinary.

Um chickens, no chickens.

Uh the only blisters that we'll have here is gonna be on his hands from working wood.

Had to work that one in, sorry.

Um but the uh this project is really exciting.

It's gonna be a nice new uh newly constructed building with a nice paved parking lot uh out front.

I thought the site plan showed green space, and if it doesn't have it on there, I apologize.

But um the uh we did talk about putting a buffer in as well to divide up to kind of break up the space between the neighboring residents in this.

Mr.

Rogers was to be a good neighbor.

Um that's kind of funny now that I just thought about the well done.

Man, dad jokes are not points of that.

Um but he really does want to be a good neighbor.

Uh he's investing uh significant amount of money in this corner.

He already owns the lot.

Um, so he's just looking at um, like I said, expand his business.

Um it's gonna have retail customers coming in, and again, it's not gonna be like a box store, but he'll have someone come in that's maybe restoring a uh a house down Henny's corner or or wherever.

Uh but they're gonna come in and pick out finishes and whatnot.

So this is gonna be uh presentable for clientele.

It's not just gonna be some random wood shop with sawdust laying all over the parking lot.

Matt, and if I caught this appropriately, Cassie, did you say there needs to be a 20-foot barrier in between uh the residential unit there?

And you guys are good with that.

We uh based off of our site plan.

Um we haven't specifically talked with Mitch Mr.

Rogers about that.

That's gonna be kind of our next conversation.

Um so I think either that 20-foot buffer will be there, or we'll look at doing a um look at doing some sort of landscape buffer with some uh some APC approved um, you know, uh they've got a different a wide variety of evergreens and different uh approved uh shrubbery that they um they like to have shown.

So we're gonna do something to break that up right there.

Good.

Thank you.

Counselors.

You said this would be um retail and there'll be customers in and out.

Um how is the parking?

Um did you say that people would be coming in?

Is there a site plane in there?

Okay.

So first off, the parking is way better than it used to be.

This is my chiropractor after I reached a two disk my back in 2010.

And you used to literally pull in off of upper or Mount Vernon Avenue.

The parking stalls are still there, and you can see it.

So this will have a separate entrance down on Barker.

Okay.

So ample uh 90 degree parking stalls.

Uh the striped area right there is for an overhead door, which is where they'll keep I believe he said they have a van, so they have a company van uh that'll be stored indoors.

So that's gonna basically just keep somebody from blocking the overhead door.

Um yeah, so the retail space will have cabinet options, you like you know, certain stains, certain wood, that sort of thing.

Um that'll be there for for them to come in and uh test and view.

And you say it's on by Mr.

Rogers.

Are there any other employees there?

Yeah, he's got um he's got five others, so there's six totally.

Okay.

So and that would still be it will still meet the parking requirements with the employees, including customers, things of that sort.

Correct.

Okay.

I grew up um right around in that area, and I'm ecstatic that something like this could have we'll we'll be going in.

It's much needed.

So thank you for all your work.

It's really gonna address the uh area of honeymoon.

Did a great job.

That was one of our projects as well, but Honeymoon did a great job at the old Rogers, and this is gonna really kept that intersection off.

Thank you.

Uh any comments from the public on this one.

Madam Clerk, please call the roll.

Councilwoman Taylor?

Yes.

Councilman Hieranimus.

Aye.

Councilwoman Hatfields?

Aye.

Councilwoman Keller Lindsey?

Aye.

Councilman Breitmeyer.

I.

Councilwoman Allen?

Aye.

Councilman Green?

Aye.

Councilman Johnson.

Aye.

Councilman Sharkman.

Aye.

There being nine ayes.

Zero nay.

Is ordinance R 2026 14 is here to declared adopted.

Thank you, Matt.

Thank you.

Resolution docket.

And before we get started on this one, um, we will if this passes tonight, we will need every single council member's signature on this document.

So please do not leave until you sign this document.

Resolution C, 2026-29, a resolution of the Common Council and the City of Evansville ratifying, confirming, authorizing and approving an agreement between the City of Evansville and International Association of Firefighters, local number 357 incorporated, July 1st, 2026 through December 31st, 2027.

Is there a motion to adopt resolution C 2026-29?

Second.

Hearing a first and a second.

Chief.

I'm sure you have about a 20 to 30 minute presentation you'd like to do.

I'm here to answer any questions anybody may have about this agreement.

You just want a real high level for the for the record what the changes are.

Uh there is no changes.

This is new.

Uh obviously with us adding the 47 new full-time EMS staff.

Uh they were brought into the local 357.

Uh it is the International Association of Firefighters, but the International Association of Firefighters does also unionize EMS professionals.

Uh for the most part, the language fairly follows the fire department's language.

Uh we actually took this opportunity to take take the chance to to clean up the language and get rid of some stuff that's been in there for many, many years.

It really just made a um we have a like a 12-page contract uh compared to the firefighters like 47-page contract.

We got rid of a lot of useless information uh and made this a very clean and uh minimal agreement.

While I've got you here.

We've been in operation for 26 days.

Let's hear it.

In those 26 days, we have responded to 1,733 911 ambulance calls for help.

That's an average of 67 calls per day.

I do want to toot my own horn.

That is exactly what I predicted we would make each day.

Our 90th percentile ALS arrival time, 90th percentile is what you judge it on.

You want to know what is your highest likelihood of you responding in an appropriate time.

So 90th percentile response time is seven minutes and 43 seconds.

That is below the eight-minute benchmark that we had established.

78% of those 1,700 patients were transported to an emergency room with 15 percent refusing treatment or transport.

We set again the benchmark to be 20 percent refusals or less.

We're accomplishing that by with 5% to spare.

And our 90th percentile offload time at the emergency room is 11 minutes, which is phenomenal.

Consider they're arriving at the ER, they're wheeling the patient into the emergency room, they're giving report to the physician and nursing staff, they're remaking their cot, they're restocking their bags, and they're getting back available for their next run in 11 minutes, which is phenomenal, especially considering they're doing 1,700 calls in 26 days.

But I would be remiss if I didn't come up here and toot the fire department's horn as well.

We've responded to 55 fires so far this month in the first 26 days, five of which were building fires.

Our 90th percentile first response uh time for our first engine with four firefighters was two minutes and fifty-five seconds.

Our 90th percentile full alarm arrival with four fire trucks and sixteen firefighters was four minutes and fifty-five seconds, which are phenomenal times.

Arriving quickly saves property damage and property loss.

So the fire farm is doing phenomenal.

I can't give them enough accolades, uh, so I had to take this chance to let you know I I just really quick coming from the world of health care and had been a pediatric transport nurse for uh about six years and responding to pediatric traumas in the ER, where I took that handoff from EMS Cruz that that time is outstanding and a job well done.

I just want to ensure that everyone understands how um extraordinary that is.

That's great.

And we have to give accolades to the emergency rooms as well, because it takes their effort as well to make that turnaround that that expedient.

Yeah, I'll piggyback off what she said.

Thank you for sharing the information and thank you for everything you all do.

Thank you.

Any other questions?

Anyone from the uh public?

Madam Clerk.

Councilwoman Taylor?

Yes.

Councilman Hieronymus?

Aye.

Councilwoman Hatfields?

Aye.

Councilwoman Kaler Lindsay?

Aye.

Councilman Brickmeyer?

Aye.

Councilwoman Allen?

Aye.

Councilman Green?

Aye.

Councilman Johnson?

Aye.

Councilman Truckman.

Aye.

There being nine ayes, zero nays.

Resolution C 2026 29 is hereby declared adopted.

Thank you, Chief.

Resolution C, 2026-30, a confirmatory resolution in the Common Council, the City of Evansville declaring an economic revitalization area for property tax phase in for the rehabilitation of real property and installation of new equipment.

817 Maxwell Avenue, Evansville, Indiana, 47711.

Indiana Industries LLC doing business as Escalade Sports.

This one looks familiar.

Is there a motion to adopt resolution C 2026 30?

So moved.

Second.

Patrick, do you care to say anything?

No, just a few words.

Pat Hickey, uh ERAP returning for the confirmatory.

No changes uh in your resolution packets from two weeks ago for the preliminary.

Um open to any questions that may have come up in the last couple of weeks.

Counselors.

Um I just have more of a newbie question.

Can someone explain why we need this resolution added to what we did last week just from my own knowledge?

Indiana statute requires that um council pass a preliminary and a confirmatory resolution.

So this is just in line with Indiana statute.

Okay.

I was gonna say just cuz, but that's better.

No questions, Pat, but I again just want to reiterate what I said at the last meeting about um how um grateful I am that uh Escalade came to many of us, spoke with all of us, um, gave us a clear understanding as to to what the plan is moving forward.

Um I think it's imperative that we have strong successful businesses in Evansville, and um this is one of those, and one that gives back to the community.

I look forward to um seeing the project move forward and all of the advancements that it's gonna do, the green pre the green space it's going to provide uh in the neighborhood.

So thank you.

Thank you, Councilwillen.

And Pat, did I hear you say there have been no changes since the preliminary?

Correct, no changes.

Thank you.

Anyone from the public?

Excellent.

Madam Clerk, please call the rule.

Councilwoman Taylor.

No.

Councilman Hieronymus?

Aye.

Councilwoman Hatfields?

Aye.

Councilwoman Kaylor Lindsay?

Aye.

Councilman Brickmeyer.

Aye.

Councilwoman Allen has left the meeting.

Councilman Green?

All right.

Councilman Johnson?

Aye.

Councilman Chuckman.

Aye.

There being eight ayes.

Zero nays.

One.

Zero nays.

I'm sorry.

Let me get that count right.

Seven eyes and one.

Nay.

My brain is moving too much.

Apologies.

Resolution.

C 2026-30 is hereby declared adopted.

Thanks, Pat.

Council.

And thanks Escalate, folks.

Resolution C 2026-31, a confirmatory resolution of the Common Council of the City of Evansville, declaring an economic revitalization area for property tax pays in for the rehabilitation of real property and installation of new equipment, 1700 Lynch Road, Evansville, Indiana.

1700 LLC Qualis Engineering Plastics LLC.

Is there a motion to adopt resolution C 2026 31?

Here you go first and second.

Pat your turn.

Exact same thing.

No changes since the preliminary two weeks ago.

Perfect.

Counselors, any questions?

Audience, any questions?

Madam Clerk, please call the role.

Councilwoman Taylor?

Yes.

Councilman Hieronymus.

Aye.

Councilwoman Hatfield?

Aye.

Councilwoman Keller Lindsay?

Aye.

Councilman Brickmeyer?

Aye.

Councilman Green?

Aye.

Councilman Johnson.

Uh uh yes.

Sorry.

Councilman Truckman.

Aye.

There being eight ayes, zero nays.

Resolution C 202631 is hereby declared adopted.

Thank you, Council.

Thanks again.

Miscellaneous business.

The next meeting of the Common Council, which we all can't wait for, will be on Monday, 8.

Excuse me.

Monday, August 10th, 2026 at 530 p.m.

Would you like to run through that?

Sure.

Boards and commissions, is there a motion to appoint Councilmember Green to the Area Plan Commission to fulfill the balance of a term ending January 3rd, 2028?

So moved.

Second.

All those in favor?

Aye.

Aye.

Any opposed?

Congratulations, Councilman Green.

Thank you.

Sucker.

Thank you, Councilman Green, for taking on this responsibility.

Yes, exactly.

Somebody's got to let me know in the meeting's over.

Thank you, Councillor Green, for taking on this responsibility.

Are there any additional comments from Council this evening?

If not, I I will say I will say I was being just so it's on just so it's on the record.

I do have five more months here.

Um if I do start getting on you guys' nerves, just tell me to shut up and I will I will tone it down a little bit.

So I mean a time or two.

But you don't have to do it publicly, but you can let me know afterwards.

So I look forward to this next five months uh working alongside you all.

As do we, as do we?

Um we have a few slips here.

We do.

First up, John Geary the second.

You can just state your name and address and you have three minutes.

I just wanted to speak on tonight.

I've kind of took uh observation from um just individuals within uh city seats, city working for the city, um, might have city councilman position.

Um what I've been noticing online is a lot of rhetoric that to me can become to the grounds of unbecoming.

And in regards to those type of things, it can create hostile situations.

Uh situations that are not unifying individuals together.

Uh some of us sit up here tonight and in the crowd and online watching, and obviously we're people, different cultural backgrounds, Republican, Democrat, Conservative, Liberal, Independent, whatever you may be.

But at the end of the day, we're all humans.

And I would highly suggest that individuals that are in the community, uh, just as citizens, we watch what we put online.

But I would also highly suggest that any person up here sitting on a city council, just be mindful of what you are putting online.

Um I am a father, a husband, a Christian.

Not everyone believes in Christianity.

I I do understand that, but I did want to share a scripture with you tonight.

So if we go to Psalms uh chapter or Psalms uh 1331, uh how good and pleased it is when God's people live together in unity.

Unity means something to the city, unity means something to each and every single one of us.

So if we put our own skin tones in front of somebody else, if we put our own biases of our own beliefs in our political systems in front of everyone else, we don't hear everyone from their word standpoint, we don't give everyone a chance, then it crumbles.

I am a uh precinct committeeman for the Republican Party, and um when I go in to speak to people or the jobs I do uh for the different companies I work for, I never ask someone, are you Republican or are you Democrat?

I never ask someone are you black or white or Hispanic?

Each person is a person, they're human.

So please show love and respect.

And when you're online making comments about things, just be mindful that other people are reading those, and each and every single one of you hold a very strong, powerful position that people look up to.

So please unify everyone together and start coming together.

And that's all I wanted to say tonight.

Thank you.

Thank you.

Wisest words of the evening, thank you.

Christopher Newman.

Christopher Newman, 3121 South Rotherwood Avenue.

Good evening.

Southwest Indiana is late to Indiana's data center party.

Indiana's tax exemption has existed since 2019.

By 2024, Amazon, Google, Meta had announced multi-billion dollar projects elsewhere in the state.

Then in March of 2025, Center Point publicly outlined a coordinated recruitment effort involving EREP, the state, elected officials, and landowners.

By October, Center Point had submitted Project Raider to serve a potential 600 megawatt customer along the Posey Gibson transmission line.

That tells us our region was not simply presented with an opportunity.

Center Point and EREP have been actively trying to land one.

Last week I asked this council to consider a temporary moratorium.

Council President Ben Trotman responded that conversations are happening, and I appreciate that.

But I hope those conversations begin with one question.

Why are we trying to join this boom now?

Most of Indiana's earlier projects are only now being built or beginning operation.

There has not been enough time to prove they lowered electricity rates, created lasting employment, or delivered public benefits matching their incentives.

Southwest Indiana cannot say it's following a proven model because the results are not in yet.

It could also produce a major investment announcement and years of his construction work.

But we cannot become so focused on those promises that we lose sight of the forest for the trees.

The larger picture includes enormous power demand, new infrastructure, water use, decades of tax incentives, and financial risks for residents.

These projects do not have to be inside Evansville to affect Evansville.

We share Center Point's regional electric system and could share the consequences of discussions, decisions made elsewhere.

I am asking this council to continue these conversations publicly, support a temporary pause, and participate in a transparent regional study before Southwest Indiana commits itself to this rush.

Being late could be an advantage, but only if we use that time to stop, learn, and ask better questions.

Thank you.

Thank you, Christopher.

Right at time.

Okay.

Next up, Mike Freeman.

You can state your name and address, and you have three minutes.

Mike Mike Freeman.

Just for the chief over here.

He did a wonderful job.

He's a good man.

Um I come up about two questions.

One is I was reading on your thing last week or last last uh session that you're bringing it up again about the uh uh I left my notes to the house.

Sorry.

Um about the uh child affirming care stuff.

You are you are you working back on that again?

Just uh um clarify.

Excuse me.

This is not a uh question and answer session.

Okay.

I was uh well I I I came in opposition.

I came in opposition before and hoping it wouldn't come back up again because the reaffirming act is it's not about taking care of kids, but it's destroying kids, you know, letting parents do what they're gonna do and not treat them right.

And I I understand, I understand the name of it, reaffirming.

That's a joke, but that's just I just hope it doesn't go through.

Second question.

What is the deal about resolution to free Gaza?

I thought I saw her said by resolution about you're gonna make a resolution about free in Gaza.

Was that that was on your that was about a year ago.

Uh oh, okay.

I just I just saw that.

It wasn't passed, if that makes you feel better.

Okay.

But uh the thing about about the kids, um I'm big about seeing kids being taken care of and not destroyed.

For the record, nothing's been filed for that.

Right here.

There's nothing been filed for that.

Yeah, thank you for clearing that.

Um I can't.

Nothing has been filed about that.

Okay.

Okay, thank you.

Good job, thank you.

Committee reports, there are none.

I, ladies and gentlemen, entertain a motion to adjourn.

Second.

Hearing a first and second, this meeting is adjourned at what just about eight o'clock.

Thank you, everyone for your pay.