CITY COUNCIL MINUTES
JANUARY 13, 2003
The Honorable Council of the City of Evansville met on regular session at 6:30 pm on Monday, January 13, 2003 in the City Council Chambers, Room 301 Civic Center Complex, Evansville, Indiana with President John, presiding. The following business was conducted.
These minutes are not intended to be a verbatim transcript. Audiotapes of this meeting are on file in the City Clerk’s Office.
ROLL CALL:
There being eight (8) members present and one (1) members absent and eight (8) members representing a quorum, the President declared this session of the Common Council officially opened.
PLEDGE OF ALLEGIANCE
Councilman Kniese led the pledge of allegiance this evening.
COUNCIL ATTORNEY
Jeff Shoulders is Council Attorney this evening.
RECOGNITION OF SCHOOLS
TEEN ADVISIORY COUNCIL MEMBERS PRESENT
Member: Patricia Engle Member: Polly Stratman
Member: Jennifer Lamb Member: Jayce Eifler
Member: Jessica Lamb Member: Andy Lindauer
SERGEANT AT ARMS
This evening Officer Perry is our Sergeant at Arms.
READING AND AMENDMENT OF MINUTES OF PRECEDING MEETING
Is there a motion to approve the minutes of the January 6, 2003 meetings of the Common Council as written?
Councilman Walden moved and Councilman Kiefer seconded the motion that the minutes of the regular meeting of the Common Council held January 6, 2003 be approved as written. Voice vote. So ordered.
REPORTS AND COMMUNICATIONS
IN YOUR JANUARY 10th PACKET:
*Agenda for the January 13, 2003 City Council Meeting.
*Committee Meeting Schedule.
*Minutes of City Council Meeting held January 6, 2003.
*Ordinance G-2003-6.
*Ordinance G-2003-5 as amended.
*Information from the Evansville-Vanderburgh County Commission on Domestic
and Sexual Violence.
*A copy of a claim against the City of Evansville.
*Financial Report dated November 30, 2002.
*A memo from City Engineer Pat Keepes regarding 2003 Paving and Sidewalk
Repairs Request.
*A copy of Nation’s Cities Weekly.
ON YOUR DESK THIS EVENING:
*A News Release regarding I-69.
*A schedule of meetings with Legislators.
*911 Ambulance Call Summary for October 2002.
*Call-in comments regarding the Historic Preservation Commission.
*Agenda for Evansville Redevelopment Commission.
Councilman Melcher moved and Councilman Angermeier seconded the motion to receive, file and make these reports and communications a part of the minutes of the meeting. Voice vote. So ordered.
CONSENT AGENDA
FIRST READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE G-2003-6___ PUBLIC WORKS BAGBEY
AN ORDINANCE AMENDING CHAPTER 1.11
Councilwoman Robinson moved and Councilman Melcher seconded the motion to adopt the consent Agenda as written. Voice vote. So ordered.
CONSENT AGENDA
SECOND READING OF ORDINANCES OR RESOLUTIONS
RESOLUTION C-2003-1 FINANCE JOHN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE GRANTING A WAIVER OF NONCOMPLIANCE FOR AN ECONOMIC REVITALIZATION AREA FOR MEAD JOHNSON NUTRITIONALS (LOCATED AT 2404 WEST LLOYD EXPRESSWAY)
RESOLUTION C-2003-2 FINANCE JOHN
A CONFIRMING RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE CONFIRMING THE DECLARATION OF AN ECONOMIC REVITALIZATION AREA FOR PROPERTY TAX PHASE-IN FOR REDEVELOPMENT AND/OR REHABILITATION OF PROPERTY AND FOR THE ACQUISITION AND INSTALLATION OF NEW MANUFACTURING EQUIPMENT, LOCATED AT 2404 WEST LLOYD EXPRESSWAY (MEAD JOHNSON NUTRITIONALS)
President John: Let the record reflect that Ordinance G-2003-5 has been continued until the 27th, is that correct Councilwoman?
Councilwoman Robinson: Correct.
President John: Okay. With that we’ll go to Committee Reports, Finance Chairwoman Councilwoman Robinson.
COMMITTEE REPORTS:
FINANCE CHAIRWOMAN ROBINSON: Mr. President your Finance Committee met today on Resolutions C-2003-1, C-2003-2, and comes forward with a do-pass recommendation.
Councilman Melcher moved and Councilwoman Robinson seconded the motion to adopt the Committee Report and move these Ordinances and Resolutions to Third Reading. Voice vote. So Ordered.
There being no further motion these Ordinances and Resolutions are hereby moved to Third Reading.
REGULAR AGENDA
THIRD READING OF ORDINANCES OR RESOLUTIONS
RESOLUTION C-2003-1 FINANCE JOHN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE GRANTING A WAIVER OF NONCOMPLIANCE FOR AN ECONOMIC REVITALIZATION AREA FOR MEAD JOHNSON NUTRITIONALS (LOCATED AT 2404 WEST LLOYD EXPRESSWAY)
Councilwoman Walden moved and Councilman Watts seconded the motion to adopt Resolution C-2003-1 and call the roll.
ROLL CALL:
Ayes: Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, John.
Absent: Bagbey.
There being eight (8) ayes and zero (0) nays, Resolution C-2003-1 is hereby declared ADOPTED.
RESOLUTION C-2003-2 FINANCE JOHN
A CONFIRMING RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE CONFIRMING THE DECLARATION OF AN ECONOMIC REVITALIZATION AREA FOR PROPERTY TAX PHASE-IN FOR REDEVELOPMENT AND/OR REHABILITATION OF PROPERTY AND FOR THE ACQUISITION AND INSTALLATION OF NEW MANUFACTURING EQUIPMENT, LOCATED AT 2404 WEST LLOYD EXPRESSWAY (MEAD JOHNSON NUTRITIONALS)
Councilwoman Walden moved and Councilman Kiefer seconded the motion to adopt
Resolution C-2003-2 and call the roll.
ROLL CALL:
Ayes: Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, John.
Absent: Bagbey
There being eight (8) ayes and zero (0) nays, Resolution C-2003-2 is hereby declared ADOPTED.
MISCELLANEOUS BUSINESS
President John: Rebecca Goote. Rebecca, welcome to City Council.
Rebecca Goote: Thank you. I believe in your mailing you all received a copy of the Evansville Vanderburgh County Commission Domestic and Sexual Violence Annual Report. And I was just asked tonight to stop in say please review that at your leisure, it’s a quite large document. If you have questions tonight I’d be happy to answer those, if not I’d be happy to answer them at a later time. You do have them hot off the presses before anybody else does. They are actually going to be presented to the City at the Annual meeting on Wednesday.
President John: Well thank you much…very much for appearing before us this evening. Are there any questions of comments by Members of Council? There being none…thank you very much Rebecca. Next under Miscellaneous Business, and I would assume that’s why the majority of individuals are here. Last week we continued the appointment to the Historic Preservation Commission, the requested appointments, pending some discussion with the Mayor’s office. Those discussions have taken place and I believe there may be some additional names forthcoming. Is that your understanding Councilwoman and Councilmen?
Councilwoman Robinson: That’s my understanding Mr. President.
President John: Okay. And we do not have those this evening, so I…there will not be a vote on the appointments tonight, but I know a number of you have come to give an opinion one way or another as to your thought on the Preservation Commission. You’re more than welcome to come before us this evening, but I do want to warn everyone that this is not an inquisition, this is not…we will not accept any character assassination or discussions about what’s right or wrong. If you have input as to whether or not you’d like to see the Commission remain in full force and effect. Those are the kind of comments I think that we would expect this evening. The Council recognizes that there are some problems that exist today. And without pointing fingers what our goal is to try to achieve harmony in the neighborhoods in any manner we can, and there’s a number of options. So at this point in time I do have one request to speak by Jane Buthod. If you’d care to come forward and… Please limit your comments to something new and something relevant, and once again this is not an inquisition and it is not a forum for any character assassination. I know that there are some disagreements among those in the audience and we’re trying to resolve those at this time. I think it’s very important that the Commission become an intrical part of the neighborhood that it’s trying to protect. And the only way you can do that is to have the neighbors embrace the actions of that particular body. So with that, Ms. Buthod.
Jane Buthod: My name is Jane Buthod I live at 701 S.E Third Street, and I’m the President of the Wheeler Drive Neighborhood Association. And Mr. John I totally agree with what you just said. We have an amazing opportunity with the homes that we have. We put a lot of sweat and equity into them over the years. And the Commission is comprised of individuals who both care and have a great deal of knowledge. As we also have available to us in the form of staff such as Dennis Au, and Stewart Sebree. We live down there because we enjoy what we have. What I have in front of you right now is a copy of a petition. If you will read the cover letter that goes
with it. I am speaking to you as Wheeler Drive President right now. This petition was instigated by individuals, there’s at least six different individuals who took the surveys around, it was not done by the Neighborhood Association as I indicate in my letter. Normally I would not bring something forward that had not been a motion made and a decision made during a neighborhood meeting, but there’s 79 names on that petition in one two day period. I think that means we need to pay attention to it. The gist of it is that people are concerned that communication between the Commission and the residents is faltering. And while I personally have feelings about how that can be resolved I think we have to say in a public method that attention needs to be placed on this issue in a very aggressive manner. That’s all I have to offer at this point. Does anybody have any questions?
President John: I would like to just make a little statement for the record. You know there has been a concern over the past year or so about the Commission. And it’s all developed because of some concerns of various neighbors and the neighborhood. And it wasn’t until this was brought to light that each member that is appointed to that Commission must be approved by City Council. So this is the first time that we’ve really got into the mix. And I think after discussion with Counsel, our other Council Attorney that any past action, this past action would probably be upheld in the Court and so be it and I agree with that. But the members that are sitting right there have not been approved by City Council. So any actions henceforth would probably be subject to challenge because it is now brought to light, terms have ended and there is a question as to whether or not certain members would be approved by this body. So I would encourage the Commission to either hold their meeting off this month or at least no take any action until we know who the Commission Members are going to be.
Jane Buthod: I appreciate that. There will be a public hearing in conjunction with members of DMD, the Neighborhood Association, and the Commission. It was originally anticipated to be this coming Thursday evening, but with the events that have transpired it seemed reasonable to put that off. We’re hoping to do it a week from this Thursday and we will be mailing out to individuals that information. And to answer some queries from the past. There are individuals who have not received notification of Neighborhood Association meetings. We have gone to a hand delivery system to save funds. I’m sure you all know that some of us got cut back last year, so we were trying to save money. We will not save money in the future we’ll mail them. So, anything else?
President John: Are there any questions for Ms. Buthod? If not thank you very much. Yes I saw another hand up there; someone would like to speak? Sure, please come forward and state your name and if you’ve got some new information that you would like to put…sure.
James Brewster: James Brewster, lived downtown 32 years and I never got the petition. The petition, I never signed it. Nobody asked me so, you know, I’d like to challenge that.
President John: Well, lets keep it civil. Is there anyone else in the audience that would like to speak at this time? Once again for the audiences information there will not be a vote tonight on any appointment of any members and there is a question as to the validity of any action that’s taken until the members are appointed and approved by City Council. Are the any comments by Members of Council? Please come forward and state your name.
Susan Crowley: My name is Susan Crowley, I live at 310 SE First Street. I just have a question for the Council. You said there was names that were submitted to the Council for the Commission, I want to know where those names came from. Who submitted them?
President John: They came from the Mayor.
Susan Crowley: No. The names that Mr. Kniese said…they said that….you said there were some more names coming forward that you were going to look at.
Councilwoman Robinson: Ms. Crowley I’ll stop you there. I submitted the name after about fifty phone calls that I received last night and about twenty that I received today, and we had a meeting today with the Mayor. And I expressed to the Mayor that I had received some recommendations from people in the area and I faxed him those names at 1:00 this afternoon.
Susan Crowley: Thank you very much.
President John: I was given a copy of a flyer that was distributed. As a matter of fact I have several letters that were distributed throughout the neighborhood and most of them were…I guess all of them were signed except this one and I don’t know who sent this one out. Is there anyone out there.
Susan Crowley: I sent it.
President John: You sent it.
Susan Crowley: Yes. May I address why I sent it?
President John: Yes, if you keep your remarks brief.
Susan Crowley: With this important issue that came up last weekend with Mr. Watts making a recommendation that you dissolve the Ordinance. I thought the Neighborhood Association would get a flyer out and would let people know this important issue was to be heard. Nothing was said to anyone in the neighborhood about it. This small group has been making complaints knew about it but the neighborhood did not know. So I wanted people to know what was going on. And I also wanted them to know, which I’m going to take this opportunity to hand out to you a copy of a letter that was sent under Wheeler Drive Neighborhood Association letterhead to the Mayor making complaints about the Commission and some recommendations, which aren’t bad recommendations. But, this letter was not sanctioned by the neighborhood, and it was sent.
President John: Well, I would hope that everyone on the Councils concern is the same as mine and that is that we live up to the intent of the Ordinance and at the same time have some harmony in the neighborhood. And at this point in time as you can tell by the attendance here there’s a great deal of controversy that’s surrounding the Commission right now. And whether it’s the members, or the enforcement, or what the concerns are we’re trying to fair it out now. We’ve never have been put in this situation before, but we are now. And, so somebody’s got to step up and address it and hopefully this Council will take some affirmative action to try to get this thing back on the right track and get the neighborhood back as a cohesive group as opposed
to, you know, there being two or three or four different factions. Whether that’s possible or not I don’t know, but that’s for my goal. Members of Council.
Councilman Kniese: I think today when myself and Councilwoman Robinson and Councilman John, and the Mayor met to discuss this issue we all came to the agreement that the Commission serves a strong and needed purpose for the City of Evansville. Are there disagreements on how things are handled? Absolutely. Anytime you have several people come together you are always going to have some disagreements and some ideas that work one way but yet not another. But I think by the Council this evening taking the action that it has taken meaning that we want to wait and get the possibly some new lists to review it in my opinion is good communication between the Administration and Council and also the Commission and the neighborhood groups. So I was pleased out of the meeting today that there was good communication and we’re able to move forward on this on a positive manner and not cut something that is very meaningful to the City of Evansville, and has been since the mid 70’s. So I was pleased with the dialog that occurred and hopefully going forward we can resolve this in a fashion that’s both professional and meaningful for the City of Evansville.
President John: And hopefully we can accomplish something, I mean this is probably is not a first as Councilwoman Robinson pointed out at our meeting today there was a change in the Zoo Board, a change in the Festival Board, a change in the Housing Board, a change in the Howard Williams on the Sewer and Water Board. So change isn’t always necessarily bad. What we want to accomplish is something that is good for Evansville and good for the residents in that area and that’s our goal just plain and simple.
Councilwoman Robinson: And, to echo Councilman John and Councilman Kiefer. I think the dialogue of communication, I’m sorry Kniese, was opened today. However, we recognize there is a problem, I recognize that from the many telephone calls that I have received yet just yesterday and today. So what we’re trying to do is just, you know, get the neighborhood back together in harmony. We’re all committed to historic preservation but right now there are some changes that need to be made and we put the ball back in the court of the Mayor. We’ve gave him some names and some recommendations that we’ve heard from people that would like to be on the Commission and right now we are waiting for him to respond.
President John: Okay, Jane I saw you again.
Jane Buthod: I want to thank you for your conciliation. That’s the effort that we’d like to see is just basically communication to be reestablished, so I do appreciate your restraint and your welcoming for this issue. I would like to ask for a copy of that letter if I didn’t send it, and I don’t think.
President John: And I would recommend that a copy of the Mayor’s recommendations be forwarded to the Neighborhood Association President for her review and comments as I’m sure that your membership….you always like to have a voice in who’s going to set the rules and regulations in your neighborhood. This gives you guys an opportunity to be involved in the process, I think that’s very important.
Jane Buthod: Thank you. Just to clarify this was sent over the signature of this particular individual and it did not come from the Neighborhood Association. I would not say that all of
these individuals agreed to sign this. Not refuting the content, just the signature and the letterhead.
President John: We’ve got a couple of other hands up here, and if you would keep your comments brief we’d appreciate it. Yes. Please come forward and state your name for the record.
Michelle Crowley: Good evening. My name is Michelle Crowley. I live at 1319 E. Chandler Avenue, which is in the Lincolnshire Historic District and I just wanted to come before this Council and remind you that this Ordinance is not just for downtown Evansville. This is a citywide Ordinance and I was very alarmed when I heard a comment was suggested last week that perhaps do we even need the City Ordinance. So I just wanted to remind you back when this was brought before this Council several years ago Lincolnshire was actually the impetus behind getting us up to the new Indiana State enabling legislation. And our neighborhood is highly effected by this Ordinance. We are a conservation district under it and we went through a lot of time and effort and work, and Miss Robinson helped me a lot in our neighborhood in getting the Ordinance through. And so I just want you to realize it’s not just a downtown issue. It affects Lincolnshire and all the other neighborhoods that might want to apply for status under this Ordinance. And so I hope you will consider that when your regarding the Ordinance entirely too and it’s entirety and just not think about just the Commission. It’s a lot broader issue than just that. Thank you.
Councilman Kiefer: Thank you. Perhaps we can include her in the correspondence as well. We can make a note to do that. But I was wanting to ask a question of Council Attorney Jeff Shoulders. Jeff does the Council have to vote for all of the appointments as a whole, you know, one vote as a whole, or can we vote on each individual member, or each individual appointment?
Jeff Shoulders: I’ll have to get back to you on that, I think under the current…it would take a new Ordinance and it could be written either way, but under the current Ordinance I’d have to look at it.
Councilman Kiefer: I’d be interested to know under the current Ordinance what our flexibility is on voting on the appointments. Because I think that would make a difference.
President John: It’s my understanding from prior conversation with our Counsel is, if we adopt the State Statue we don’t have the option to alter it to fit what our proposed plans are. We either accept their Statue and enact it including who makes the appointments, the term of the appointments, the authority of the Commission, or we don’t have one, it’s one or the other. We don’t get the option of changing who makes the appointments. Second, once we have approved an appointment that appointment remains on the Board and as a legitimate board member until such time as a replacement is duly appointed and sworn in. So if there were members today that were actually on there legally they would stay until a replacement was appointed for then.
Councilman Kiefer: Correct, I understand that, but I just meant I thought most of these appointments were due at the beginning of this year, but what you are saying is some of them are staggered and not due at the beginning of this year?
President John: There are one-year, two-year, and three-year appointments. Some of them are due now, some of them are remaining on there and their status is questionable because it is not appeared and received approval from Council.
Councilman Kiefer: Perhaps Jeff if you could get some clarification on that that would be helpful as well. Thank you.
Councilman Kniese: I think what will help the whole process is, and please correct me if I’m wrong, but I think prior…or since 1998 when the Ordinance was rewritten it had never come before Council for Council approval. So when you don’t have the checks and balances in place they just kind of go on, go on, so now…again today’s discussion with Mayor Lloyd it’s coming before Council for us to take a look and approve his appointees. So I think that in itself should help going forward on making sure that everybody is in agreement to who serves on that Commission.
President John: And just to throw a little twist in there, there is a reason to have all members approved by City Council. There should be some input by Council especially Councilwoman Robinson since it’s her district. And in the past…not under just this Administration but under the McDonald Administration, under the Vandeveer Administration, under the prior Lloyd Administration, I don’t think it’s really ever really been challenged or brought before Council until now when there’s a dispute. Now all of a sudden we’re the ones who have to step in and try to solve this problem, and that’s our goal. Any other questions by Members of Council, or does anyone in the audience have something else they would like to add? Yes ma’am.
Sandra Goshinska: My name is Sandra Goshinska, I’m at 811 SE Second Street and perhaps I missed it due to miscommunication, thank you. Are there any public information regarding the qualifications and the background information of the candidates.
President John: I don’t know if there is any public information. Each Council Member was supplied a resume of the requested appointments which I’m sure Madam Clerk could supply you or the neighborhood President if you’d like to see them. They all have very good qualifications.
Sandra Goshinska: Okay, I just wanted to know if there’s anything public. Thank you.
President John: Any other questions by Members of Council or anyone from the audience would like to make any statements? Once again the procedure will be: Our next meeting is January 27th, at that point in time we will either have the new recommendations and vote on those proposed members, or there will be a first reading of the Councilman’s Ordinance to repeal our existing Ordinance. That would be first reading so there would be no reading on the 27th regarding that, no vote regarding that on the 27th. That would not occur until either the 3rd or the 10th depending on when our next Council meeting is.
Councilwoman Robinson: That would be the 10th Councilman.
President John: So with that I’d like to thank everyone for attending this evening. If you are welcome to stick around and ask us any questions that you may have that will conclude the Historic Preservation Miscellaneous Business. Councilman.
Councilman Kniese: Just a quick comment under Miscellaneous. For those of you who where in attendance last week for the announcement for the I-69 route that the Governor addressed. I happened to be in attendance and there was a huge crowd there. I’ve been a supporter of the I-69 direct route ever since this came to be. And I think it’s a great day for the City of Evansville and I know this can probably stand arm and arm with that project to celebrate the great announcement that the Governor gave us last Tuesday.
President John: Any other item under Miscellaneous? If not Committee Reports, Finance Chairman.
COMMITTEE REPORTS:
FINANCE CHAIRWOMAN ROBINSON: I have nothing scheduled at this time Mr. President.
ASD CHAIRMAN ANGERMEIER: Nothing scheduled under ASD.
PUBLIC WORKS BAGBEY:
President John: Councilman Bagbey has an Ordinance G-2003-6 amending Chapter 1.11 Councilmanic districts. And Ordinance G-2003-5 concerning taxicabs.
Councilman Kniese: Real quickly. I do have an invitation I’d like to hand out to each Council Member. The Mayor is inviting us to coffee and meet with the prospective owners of the Evansville resident Class-A Baseball Team tomorrow at 9:15 a.m. at the Centre. So I would just like to just hand this out each Council Member.
President John: Thank you. At this time we will accept a motion to adjourn.
Councilman Melcher moved and councilwoman Robinson seconded the motion to adjourn. Voice vote. So ordered.
Meeting adjourned at 7:10 p.m.
PRESIDING OFFICER
CITY CLERK