CITY COUNCIL MINUTES

JANUARY 27, 2003

The Honorable Council of the City of Evansville met on regular session at 6:30 pm on Monday, January 27, 2003 in the City Council Chambers, Room 301 Civic Center Complex, Evansville, Indiana with Vice-President Bagbey 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:

Present:            Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, Bagbey

Absent:             John.

There being eight (8) members present and one (1) members absent and eight (8) members representing a quorum, the Vice-President declared this session of the Common Council officially opened.

PLEDGE OF ALLEGIANCE

Councilman Watts led the pledge of allegiance this evening.

COUNCIL ATTORNEY

John Hamilton is Council Attorney this evening.

SERGEANT AT ARMS

This evening Officer is our Sergeant at Arms.

Vice-President Bagbey: Good evening.  Fellow Councilmen and those in the audience welcome to the January 27, 2003 meeting of the Common Council.  Thirty years ago I got married on this date so I’m spending my 30^th anniversary here.  (Applause)  The applause should go towards my wife not to me, thirty years of picking up after me.

Clerk Matlock: I’ll send her a copy of the minutes and hear that you said that.

Vice-President Bagbey: Okay.

Councilman Kniese: Councilman Bagbey, you’d better check your priorities.

Vice-President Bagbey: I’ve heard that before sir.  I see many young people that are in the audience and at this time we normally ask for the recognition of students and schools.  Now some have been shy to do it on the record and some have come up later. At this time would anybody like to put their name or their school on the record?  Okay, you can come up after the meeting and see the Clerk.  We have our members of the Teen Advisory Council here.  Madam Clerk would you tell us who we have.

TEEN ADVISIORY COUNCIL MEMBERS PRESENT

Member:  Krista Eifler                      Member:  Andy Lindauer       

Member:  Jayce Eifler                       Member:  Jennifer Lamb

Member:  Polly Stratman                  Member:  Jessica Lamb 

READING AND AMENDMENT OF MINUTES OF PRECEDING MEETING

Is there a motion to approve the minutes of the January 13, 2003 meetings of the Common Council as written?

Councilman Kiefer moved and Councilman Watts seconded the motion that the minutes of the regular meeting of the Common Council held January 13, 2003 be approved as written.  Voice vote.  So ordered.

REPORTS AND COMMUNICATIONS

IN YOUR JANUARY 24^TH PACKET:

*City Council Agenda for January 27, 2003.

*Committee Meeting Schedule.

*Minutes of City Council Meeting held January 13, 2003.

*Ordinance G-2003-7.

*Rezoning Ordinances R-2003-4, R-2003-5 and R-2003-6.

*Resolutions C-2003-3 and C-2003-4.

*Area Plan Commission Staff Reports.

*Area Plan Commission Minutes of January 8, 2003 meeting.

*Rezoning Ordinances R-2003-3, R-2003-4, R-2003-5 and R-2003-6.

*A packet regarding Ordinance R-2002-29.

*News release from Mayor Lloyd’s Office concerning State of the City address to    

  North High School Students.

*Report from Weights and Measures.

*AMR 911 Ambulance Call Summary for December 2002.

*A letter to Mayor Lloyd regarding K-Mart store closing.

*Citizens’ call-in comments regarding keeping the K-Mart store open.

ON YOUR DESK THIS EVENING:

*Citizens’ call-in comments regarding K-Mart Superstore.

*A memo regarding the Evansville Historic Preservation Commission.

*A meeting notice of the Vanderburgh County Convention and Visitor’s Commission.

*A News Release regarding appointments to the Area Plan Commission.

*A letter from Emily Strahle of Youth Resources and a new Teen Advisory Council list.

*A letter from Leslie C. Shively regarding Ordinance R-2002-29.

*Area Plan Commission Annual Report for 2002.

*A copy of Mayor Russell G. Lloyd, JR’s State of the City Address.

*A copy of a letter from Byron Sanders to City Council members.

Councilman Melcher moved and Councilman Angermeier seconded the motion to receive, file and make these reports and communications a part of the minutes on the meeting.  Voice vote.  So ordered.

Vice-President: Madam Clerk let me interrupt you here.  Prior to the reading of the agenda, I noticed there’s at a lot of folks in the audience tonight.  I guess they are here for the Preservation Ordinance.  There will be no discussion, well, let me strike that.  There will be only one speaker this evening and that was approved prior to ….I knew what the information, or what the speaker was going to talk on.  There will be no questions, there will be nothing done on the Historic Preservation issue until February 10^th.  And so that we have an understanding, you are welcome to stay but there will be no discussion on that until February 10^th.  Also, at this time I would like to have a motion in regards to a letter sent by Mr. Shively in regards to Ordinance 2002-42 in regards to the 200 block of Washington Avenue continuing that to February 10^th.  Is anyone here in the audience for that so called Washington Avenue zoning?  Okay, that will be continued until February 10^th at the request of Mr. Collins Attorney.  Do I have a motion?

Councilman Angermeier moved and Councilwoman Walden seconded the motion to move the Rezoning Ordinance R-2002-29 to February 10^th.  Voice vote.  So ordered.

CONSENT AGENDA

FIRST READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE G-2003-7__             _PUBLIC WORKS                                            BAGBEY

AN ORDINANCE TO ABOLISH THE EVANSVILLE PRESERVATION COMMISSION

ORDINANCE R-2003-4                 TO APC                                                      M-2 TO R-2

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 1417, 1419, 1421, 1423, AND 1425 CEDAR STREET.

 PETITIONER:            HABITAT OF EVANSVILLE, INC.

OWNER:                     RALPH A. EASLEY, JR.

REP:                            CHRISTOPHER T. ZICKMUND

DISTRICT:                  B. J. WATTS, WARD 6

Vice-President Bagbey: Madam Clerk.

Clerk Matlock: Yes sir.

Vice-President Bagbey: Need to change that to Councilmanic District to, I believe, to Councilman Watts.  I know it’s on the verified petition.  That is not in the second ward.

Clerk Matlock: Which one you talking about?

Vice-President Bagbey: The 2003-4.

Clerk Matlock: The Ordinance it…oh..it goes to Councilman Watts?

Vice-President Bagbey: Yes.

Clerk Matlock: All right.

ORDINANCE R-2003-5                 TO APC                                                C-4 TO M-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 221 AND 223 OAKLEY STREET

 PETITIONER:            BERRY PLASTICS CORPORATION, INC.

OWNER:                     CURTIS RAY PALMER

REP:                            KRISTA LOCKYEAR

DISTRICT:                  B.J. WATTS, WARD 6

ORDINANCE R-2003-6                 TO APC                                            R-2 TO CO-1

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 2321 WEST DELAWARE STREET

 PETITIONER:            CINDY K. BRIGHT AND LLOYD D. BRIGHT

OWNER:                     SAME

REP:                            CINDY K. BRIGHT

DISTRICT:                  B.J. WATTS, WARD 6

Councilwoman Robinson moved and Councilman Melcher seconded the motion to adopt the Consent Agenda, as amended.  Voice vote.  So ordered.

CONSENT AGENDA

SECOND READING OF ZONING ORDINANCES      

ORDINANCE R-2003-1     FROM APC                                          C-4 TO M-1 with U&D Comm.

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 1277 MAXWELL AVENUE

PETITIONER:            HAMRICK’S DIESEL SERVICE & TRAILER REPAIR

OWNER:                     ALVEY FAMILY LP1   

REP:                            STEVEN BOHLEBER

DISTRICT:                  STEPHEN MELCHER, WARD 3

This petition was approved, having 11 affirmative votes.

ORDINANCE R-2003-2     FROM APC                                 M-2 with U&D Comm. TO C-4

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 25 PENNSYLVANIA AVENUE

PETITIONER:            TJC PROPERTIES, LLC

OWNER:                     PAUL SNIDER   

REP:                            KRISTA B. LOCKYEAR

DISTRICT:                  STEPHEN MELCHER, WARD 3

This petition was approved, having 11 affirmative votes.

Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt the Consent Agenda Second Reading of Zoning Ordinances and to accept the Area Plan Commission Reports.  Voice Vote.  So Ordered.

Council now stands at Third Reading of Zoning Ordinances, which is final action.

REGULAR AGENDA

THIRD READING OF ZONING ORDINANCES OR RESOLUTIONS:

ORDINANCE R-2003-1     FROM APC                                 C-4 TO M-1 with U&D Comm.

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 1277 MAXWELL AVENUE

PETITIONER:            HAMRICK’S DIESEL SERVICE & TRAILER REPAIR

Steve Bohleber: Good evening Mr. Bagbey and Members of the Council.  For the record my name is Steve Bohleber and I represent John Hamrick who is seated right behind me, who does business at 1277 Maxwell as Hamrick’s Diesel Service and Trailer Repair.  He recently bid on a City towing contract for wrecked and abandoned vehicles and will be towing and temporarily parking wrecked vehicles on a portion of his business property.  Please do note that while he has the abandoned vehicle prop….contract as well, those vehicles will be taken not to any business owned or under lease by him, but rather to Wolfe’s Auto Auction where they will be disposed of quickly.  So only the abandoned….or excuse me only the wrecked vehicles will be temporarily parked on his lot.  And he’s not adding a junkyard to his business, he’s not selling parts, he’s not recycling, they are simply going to be parked there until reclaimed by their owners.  If this rezoning is approved this evening to comply with the law for this type of activity he must also apply for and present a special use nine applications to the Board of Zoning Appeals.  If in fact this Council votes tonight to approve the rezoning we have that special use application ready for filing, that will be approved at their March meeting.  This matter comes to you with a unanimous do-pass recommendation.  I know of no remonstrators.  Several people did call all of us and asked questions.  I think we’ve addressed them all simply out of curiosity they had some questions to ask.  For any questions of me here by the Members of the Council I’m here to answer them, as is my client.  If not, we ask for a positive vote by the City Council to approve this rezoning. 

Vice-President Bagbey: Thank you sir.  Someone on Council would like to make any comment, ask any questions?  Anyone in the audience would like to speak either for or against this Ordinance? 

Councilman Melcher moved and Councilman Watts seconded the motion to adopt Ordinance R-2003-1 and call the roll.

ROLL CALL:

Ayes:                Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, Bagbey.

Absent:             John.

There being eight (8) ayes and zero (0) nays, Ordinance R-2003-1 is hereby declared ADOPTED.

Steve Bohleber: Thank you all very much.

Vice-President Bagbey: Thank you sir.

REGULAR AGENDA

THIRD READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE R-2003-2     FROM APC                                 M-2 with U&D Comm. TO C-4

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN THE CITY OF EVANSVILLE, STATE OF INDIANA, MORE COMMONLY KNOWN AS 25 PENNSYLVANIA AVENUE

PETITIONER:            TJC PROPERTIES, LLC

Vice-President Bagbey: Good evening Ms. Lockyear.

Krista Lockyear: Good evening Mr. Bagbey, Members of Council and Members of the Student Advisory Committee.  My name is Krista Lockyear and I’m here tonight representing Tim Cook who is also with me in the audience of TJC Properties, LLC.  Our request to you is to allow us to down zone this property along Division from M-2 with a use and development to C-4.  All the surrounding properties are currently C-4 and this property is located adjacent to the McDonald’s on Division.  The property had previously been a furniture store, which had been demolished a few years ago, and Mr. Cook is….if this down zoning is approved we’ll be able to construct a building for the use of Echo Community Health Care for their new diabetic clinic.  Similar to Mr. Bohleber I don’t know of any remonstrance on this petition so I won’t elaborate, but I’d be happy to answer any questions, and my client could also answer questions you may have. 

Vice-President Bagbey: Anyone on Council?  Any questions or comments?  Does anyone in the audience would like to speak for or against this Ordinance?

Councilwoman Walden moved and Councilman Melcher seconded the motion to adopt

Ordinance R-2003-2, and call the roll.

ROLL CALL:

Ayes:                Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, Bagbey. Robinson   

Absent:           John.

There being eight (8) ayes and zero (0) nays, Ordinance R-2003-2 is hereby declared ADOPTED.

Krista Lockyear: Thank you.

Vice-President Bagbey: Thank you ma’am.

CONSENT AGENDA

SECOND READING OF ORDINANCE OR RESOLUTIONS

ORDINANCE G-2003-5 (as amended)___PUBLIC WORKS                                        BAGBEY

AN ORDINANCE CONCERNING TAXICABS

ORDINANCE G-2003-6___                            PUBLIC WORKS                                    BAGBEY

AN ORDINANCE AMENDING CHAPTER 1.11

COMMITTEE REPORTS:

PUBLIC WORKS: CHAIRMAN BAGBEY: The Public Works Committee held a hearing on 2003-5, as amended, and also on 2003-6 and both Ordinances come with a do-pass recommendation.

Councilman Melcher moved and Councilman Kniese seconded the motion to adopt the Committee Reports and move these Ordinances to Third Reading.  Voice vote.  So ordered.

There being no further motions, these Ordinances are hereby moved to Third Reading.

REGULAR AGENDA

THIRD READING OF ORDINANCES OR RESOLUTIONS

ORDINANCE G-2003-5 (as amended)___PUBLIC WORKS                                        BAGBEY

AN ORDINANCE CONCERNING TAXICABS

Councilman Melcher moved and Councilman Angermeier seconded the motion to adopt Ordinance G-2003-5, as amended, and call the roll.

ROLL CALL:

Ayes:                Kniese, Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer,

Absent:             John.

There being eight (8) ayes and zero (0) nays, Ordinance G-2003-5, as amended is hereby declared ADOPTED.

REGULAR AGENDA

THIRD READIN OF ORDINANCES OR RESOLUTIONS

ORDINANCE G-2003-6__                         _PUBLIC WORKS                                BAGBEY

AN ORDINANCE AMENDING CHAPTER 1.11

Is there a motion to adopt Ordinance G-2003-6 and call the roll?

Councilman Melcher moved and Councilwoman Walden seconded the motion to adopt Ordinance G-2003-6 and call the roll.

ROLL CALL:

Ayes:                Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, Bagbey.

Absent:             John.   

There being eight (8) ayes and zero (0) nays, Ordinance G-2003-6 is hereby declared ADOPTED.

RESOLUTION DOCKET

RESOLUTION C-2003-3            (DOCKET)                                                                 ROBINSON

A CONFIRMING RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE, INDIANA, AUTHORIZING THE INVESTMENT OF PUBLIC FUNDS IN MONEY MARKET MUTUAL FUNDS

Vice-President Bagbey: Glen, I didn’t see you back there.

Glen Barnes: Hello.  This is an annual resolution that we’re required to file that allows the city to invest in Money Market Mutual Funds during the year.  So it’s an annual item that we have to bring before Council.  Certainly nothing different this year, the Code still relates to the Indiana Code as written.  And I’d ask for approval of Council tonight.

Vice-President Bagbey: Glen, for the record give us your full name.

Glen Barnes: My name is Glen Barnes, City Controller.

Vice-President Bagbey: Thank you sir.  Is there a motion to adopt…?  Go ahead.

Councilman Kiefer: Glen, what do you see the interest collecting on that this year 2003.  Because last year I think it dropped pretty low like 1% or….

Glen Barnes: What we are getting now is about 1¼%.

Councilman Kiefer: 1 1/4%.  But there….I mean, there’s nothing you can do to control the percentage that you collect, that’s just…that’s set by Greenspan or whomever?

Glen Barnes: The market.

Councilman Kiefer: The market.

Glen Barnes: We do investments on a daily, weekly basis. 

Vice-President: Well, the comment was up there if you do know how to control let us know.

Glen Barnes: Yeah, I’d like to know.

Councilman Kiefer: Well no, I didn’t know if there was a choice…. I just didn’t know if you were limited in choices of what you could select for….because I know different investment devices earn different….

Glen Barnes: Right, and there are certain investment opportunities that we cannot invest in.  We are always looking for new opportunities.  Councilman Kniese and I had lunch today with a couple of individuals for another investment opportunity that we’re looking to bring before Council in a month or so, to give us that opportunity to earn more than….

Vice-President Bagbey: Is that an oil well in Wyoming?  (Laughter)

Glen Barnes: Yeah, you city guys know who to invest in.

Vice-President Bagbey: I wish we would have. That’s the only thing I can say.  I’m sorry.

Glen Barnes: Our current opportunities are somewhat limited to CD’s and repurchase agreements so we’re looking for other options from investment companies like the banks or Hilliard Lyons

those type of things.  So money markets are just one tool from those groups that we’d like to have the ability to invest in if the rates are there.  Currently they’re still not paying as much as repos and CD’s.

Councilman Kiefer: Okay, thank you.

Vice-President Bagbey: I guess I should ask for the motion.  Is there anyone in the audience that would like to speak either for or against this resolution?  Seeing none this chair would entertain motion.  Councilman Kiefer you’re on.

Councilman Kiefer moved and Councilman Watts seconded the motion to adopt Resolution C-2003-3. 

ROLL CALL:

Ayes:                Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, Bagbey.      

Absent: John

There being eight (8) ayes and zero (0) nays, Resolution C-2003-3 is hereby declared ADOPTED.

Madam Clerk: And all Council Members need to stay and sign both of these Resolution Dockets.  Mr. President.

RESOLUTION DOCKET

RESOLUTION C-2003-4            (DOCKET)                                                                 ROBINSON

A CONFIRMING RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE, INDIANA, ACTING AS THE BOARD OF FINANCE

Glen Barnes: Glen Barnes, City Controller.  This is required annually to both establish the Board of Finance as City Council as a Board of Finance designates the fiscal body as such.  And also reports on our 12-31 investment balances in the various funds.  Again we do this on an annual basis to inform Council of our investment balances as of end of year.

Vice-President Bagbey: Does anyone on Council care to comment, any questions?  Anyone in the audience would like to speak either for or against?  The chair would entertain a motion.

Councilwoman Walden moved and Councilman Kniese seconded the motion to adopt Resolution C-2003-4.  Voice vote.  So ordered.

ROLL CALL:

Ayes:                Kniese, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, Bagbey

Absent:           John           

There being eight (8) ayes and zero (0) nays, Resolution C-2003-4 is hereby declared ADOPTED.

COMMITTEE REPORTS:

FINANCE CHAIRMAN ROBINSON:   Nothing at this time.

ASD CHAIRMAN ANGERMEIER:  Nothing to report at this time.

PUBLIC WORKS CHAIRMAN BAGBEY:  Public Works, we will hear Ordinance G-2003-7 abolishing the Evansville Preservation Commission on February 10^th, at 6:00 p.m.  At 6:00 p.m. on February 10^th.

MISCELLANEOUS BUSINESS

Councilman Kiefer: Council President, thank you.  On February 12^th at 2:00 p.m. we’re having our Steering Committee meeting for the Consolidation Committee at Old National Bank’s boardroom at 2:00 p.m.  Thank you.

Vice-President Bagbey: Thank you sir.

Clerk Matlock: So we need Public Notice.

Councilman Angermeier: Councilman, did you send a notice out to all of the members that have been appointed?  To the one that you appointed?

Councilman Kiefer: No, I sent it to everybody, thank you.

Vice-President Bagbey: Thank you.  Uh, I have a, how do you pronounce this?  Connie do you know?

Councilwoman Robinson: Kathy how do you pronounce your last name?

Kathy Manicke: Man-I-kee.

Vice-President Bagbey: Kathy, I didn’t know that you wanted to speak about the Preservation.  You heard my comment earlier.  Are you going to speak about the Ordinance?  In general what were your comments going to be?

Kathy Manicke: My comments were primarily in regards to today’s paper so that you could hear (INAUDIBLE FAR AWAY).

Vice-President Bagbey: Okay, so why don’t you save your comments until February 10^th.

Kathy Manicke: Okay.

Vice-President Bagbey: Thank you.

Councilwoman Robinson: Councilman Bagbey.  If she wanted to…with all due respect to you…address the article in the paper.  I probably received about fifteen calls today concerning the article in the paper, and I would be interested if she can keep…as you say the Executive

version.  And as far as her comments about the article in the paper because I received, like I said, about fifteen calls of people who were very disturbed about the article in the paper.

Vice-President Bagbey: Councilwoman you’re the one who’s taken the brunt on this and if you want to do that, that is fine with me. Kathy come on up.

Clerk Matlock: Have her spell her name please for me.

Vice-President Bagbey: And I think Councilwoman Robinson would like to have the Executive version.  And Kathy could you spell your name for the record.

Kathy Manicke: Kathy with both a K and aY, and the last name is Manicke, M-A-N-I-C-K-E.

Vice-President Bagbey: Thank you very much. 

Kathy Manicke: So here goes with the Executive version.  I also have a handout that I will give you when I’m finished speaking.  As President of the Evansville Historic Commission I thought it might appropriate for me to address you tonight regarding the article in today’s Courier & Press.  Sometimes rumor and gossip get reported as fact, and sometimes both sides don’t get presented.  That’s an unfortunate fact of life as you being elected members of a public body know and understand that very well.  Sometimes our City Attorney tells us that we commission members can’t comment to the Press on properties that come before the commission or on cases that are pending before the Courts.  Now obviously I haven’t talked to our City Attorney or I probably wouldn’t be here tonight, but I decided to come anyway.  So I’m going to address some of those issues that were raised in the paper today.  I’d like to point out that no one from the Historic Preservation Commission, or from the Office of Historic Preservation for the City of Evansville was contacted within the past few days regarding the information in that article.  One of the first and….one issue that was dealt with in that article that was giving a lot of space was about the type of fence that was on a piece of property in our district.  Now the Commission does have the legal authority to determine the type and height of fencing in the Historic District.  The article though talks about Yule decorations, as in Christmas decorations.  Now, the Commission has no authority whatsoever to determine the type of decorations placed on anybody’s property at Christmas time.  When I spoke to Dennis Au regarding the minutes from that meeting he said there was no mention made of Yule decorations.  When I spoke with some of the other members of the Historic Commission however, they said no, we didn’t speak about Yule decorations, but we did speak about the decorations to the newel post on the fence.  And so that’s just one more example of how…what we do on the Historic Preservation Commission sometimes does get distorted.  The article also mentions window treatments as a part time interior designer to me window treatments means curtains, blinds, drapes, and shutters on the interior of a house.  So in reading that article readers might think that the Historic Commission has the power to determine what sort of curtains you’re going to hang in your windows and that’s certainly is not the case.  We do have the authority though to authorize window replacement, but we have no say whatsoever in what sort of curtains or window treatments someone puts in their house.  Also in the article it was stated that members of the commission are at times arbitrary in making their decisions.  Since I’ve been on the commission I have observed no such arbitrary behavior.  Sometimes when we are attempting to come to a decision that is both fair and complies with State and Federal guidelines, members will bring in research from historic monographs that are of primary and secondary source material.  They’ve brought in photo documentation, we’ve

brought in current preservation journal article, we’ve also spoken with Dennis Au the Historic Preservation Officer.  All this is done before we make a decision.  I have also known members to donate doors, window framing, and other antique house parts to property owners who can’t find them, or who can’t afford them.  This is hardly arbitrary.  Neither has the commission, as accused, required a higher standard for some homeowners than for others.  The Federal guidelines combined with State and local ordinances are there for anyone to read, and these are what we try to follow.  Our meetings are open to the public and property owners with pending applications usually come to the meetings.  It would be hard to have one standard for the first property on the agenda and an entirely different standard for the second property on the same agenda in an open and public meeting.  Also the Courier article addressed the issue of the guidelines currently under consideration.  Many homeowners have complained that they have not seen the guidelines.  While the commission did not mail out the guidelines since it would have taken our entire budget for the year to do such a mailing.  Copies of the guidelines are available at the Public Libraries, at Penny Lane Coffee House, through the Wheeler Drive Neighborhood Association, and at the Historic Preservation Office here in the Courthouse.  There have been two public meetings to get input on the guidelines.  One was held as a public meeting of the commission, and the other was held by the Wheeler Drive Neighborhood Association.  We had a meeting scheduled for January, but we’re advised by our City Attorney to cancel it due to this pending Ordinance.  So should the Historic Commission be allowed to continue that meeting will be rescheduled as soon as possible.  And finally I must talk about the three individual members mentioned in the Courier’s article since they seem to be the center of a lot of the controversy.  All three men bring a wealth of experience and knowledge in a wide variety of areas to the Historic Preservation Commission.  Among them they have over twenty-five of years of combined experience on the commission.  How can these men be solely at fault in the current situation when there have never been any problems in the past.  I have no answers, but I think all of us need to be asking that question.  I hope that I’ve shed some light on the Historic Preservation Commission, and have given you the information you need to make the right decision.  And I thank you and will answer any questions at this time that you might have of me.

Councilman Melcher: I just have one.  In this article it said here I think the commission could have more teeth.  We are looking out for properties and the house is more important than the people who live in them.  Could you explain that to me?

Kathy Manicke: Well, that certainly didn’t come from me and I have not spoken with the person to whom that quote is attributed.  So I really can’t comment on that.

Councilman Melcher: So you didn’t say that?

Kathy Manicke: Oh no, not I.

Councilman Melcher: Thank you.

Kathy Manicke: Any other questions?

Vice-President Bagbey: Anyone else?

Kathy Manicke: I’m going to pass you an article from the current issue of Indiana Preservationist and also the minutes of the meeting where that fence was discussed.

Vice-President Bagbey: Just give it to the Clerk and she will see that we all get it. Have one more opinion under Miscellaneous Business.  Councilman Kiefer you are the rep on Data Board?

Councilman Kiefer: Yes.

Vice-President Bagbey: Can you tell me what’s going on?

Councilman Kiefer: I wasn’t able to attend the last Data Board meeting, but the meeting prior to that I attended and they were looking at hiring a new…getting a new vendor and they were looking at that selection process, but I was unable to make that last meeting.

Vice-President Bagbey: That’s just what I read in the paper, they decided not to go for any proposals and to stay with the current vendor.

Councilman Kiefer: I can report back to you in the next meeting on that.  Thanks.  I have some Miscellaneous Business.  I…you know, tonight at 7:00 the School Corporation is undertaking their budget concerns, and as everybody knows that the EVSC is under, you know, very, very difficult situation with coaches and extra-curricular activities and what not.  And so with that in mind I had asked the Mayor earlier today if, you know, what his feelings would be.  If we might do something, especially in line with the police liaison program that we offer amounts to about $60,000 per year.  And I was just wanting to get the feel from this Council to see if the Council would possibly support, you know, waving those fees to the School Corporation for a year, or maybe two years, for, you know, a one time shot to help them with some of their budget concerns.  And want to get the feel for this Council to see what the feelings were.

Councilman Melcher: The only question I would have, and I’m not against anything helping the School Corporation, but we’re not even touching the ice burg with the property taxes being lost downtown.  I don’t know whether the School Board and the Administration hasn’t jumped up and down about the new TIF zone.  Because all those property taxes all that’s coming out of the School Corporation.

Councilman Kiefer: Steve I agree with you on….

Councilman Melcher: So what you are saying is we are taking away thousands of dollars from the School Corporation we’re just going to give them $60,000 back?

Councilman Kiefer: I do know that when talking about the TIF, it was brought to my attention, of course this is out of our jurisdiction it’s in the county, but if you look at the $11,000,000 TIF at Burkhardt Road, my understanding is the County has the money to pay off that TIF and all those property taxes could go directly to the School Corporation, and it would solve a lot of their problems.  So I was going to call….

Councilman Melcher: I understand.  That’s why I’ve always been against TIF’s because it takes away from Pigeon Township.  On one project alone down there we know the School Corporation

lost $73,000 worth of taxes on that one project.  In Pigeon Township lost $7,500.  We lost sixty something thousand.  The County lost $42,000 on that one piece of property.

Councilman Kiefer: And I understand and I know that the one out Burkhardt Road is $11,000,000 which I is, I think, the School Corporations total budget shortfall.  But all that aside, and I’m not talking about TIF’s, you know, I’d be interested just to know if the Council might support it if I put forward…..something if the Council would support doing something with the Police Liason program to waive it for maybe one year or possibly two years.  You know, it’s just a thought.

Vice-President Bagbey: So what you are trying to find out if the Council will support whatever income the corporation is paying back to the City of Evansville.

Councilman Kiefer: Exactly.

Vice-President Bagbey: And waive that for a period of time.  

Councilman Kiefer: Right, I think their budget shortfall is for a period of two years and I thought that might be a gesture for a two-year period. 

Vice-President Bagbey: You know it would have to come from the executive branch for us to approve it.  I mean I in theory I don’t have a problem with that just like Councilman Melcher said.  I mean we’ll do anything we can to assist.

Councilman Angermeier: Mr. Chairman.  That TIF is a County affair out there.  City Council has nothing to do with it.  I for one….

Vice-President Bagbey: I wasn’t talking about the TIF Councilman, I was talking about the monies that the City gets from the School Corporation for the School Liason.  Councilman Melcher brought up about the TIF and I agree with you it definitely agree with you it definitely is a County…..

Councilman Angermeier: And the proposition of TIF is as self-serving interest on the part of the people belong to that district.  And as a consequence it was nothing that this City Council can do about it except pray.  The money is out there and it’s to be relied and dependable upon future development and that’s a serious matter.  The only thing of it is that was a creature of the Legislature and man they are strongly adhering to it and protecting that money that’s being brought in under TIF for their own development.

Councilwoman Walden: Mr. President.

Vice-President Bagbey: Councilwoman Walden.

Councilwoman Walden: Thank you Mr. President.  I would just say most of you know, but in case you don’t on the record I am a former employee of the Evansville Vanderburgh School Corporation.

Vice-President Bagbey: Oh, really.

Councilwoman Walden: Yeah.  Retired now.  (laughter) But I would support looking into that.  I would say the responsibility for finding the funds would probably first come from department heads, the Police Chief, to see if they would indeed have that in our budget, because we certainly wouldn’t want to do anything to harm the City’s budget in trying to help the School Corporation.  But, if we could find a way to help them that would be wonderful.  And I would also like to put on record that I’ve had conversations with the Mayor and I do know that he has been in conversations with Dr. McCandless to see if there are ways that the City can help and they’ve got the City Attorneys looking into it as well.  Because we know our basic job is to provide City services and the general public doesn’t really understand that the School Corporation and the City of Evansville taxes are completely separate.  I can’t tell you how many questions I’ve had on that from people that I would think would know better.  So I know that I appreciate Councilman Kiefer’s suggestion.  I appreciate the Mayor trying to look into that to see if there is anyway that the City can help with that. 

Councilman Melcher: I can jump in there too, I’ve had conversations with the Mayor about the loss of the property taxes for the School Corporation downtown.  And I said, you know, when you come to us on the finances on your new proposal maybe you ought to have something in there for the School Corporation too at that time.  And he said: “Well that’s one way we could look at it”.  So hopefully whenever we get that big finance package there might be something in there for them.  Because there was when Aztar when they did the Victory Theater you know they had to put up five million first, the Signature School was part of it.  And then Aztar had to pay the Signature School over a period of years.

Vice-President Bagbey: Councilwoman Robinson.

Councilwoman Robinson: Are we finished with this issue?  I have another issue.

Councilman Kiefer: Well, one last question I’d like to ask is, I heard, and I don’t know if it’s true, and I’d like to know if we could check on this.  But I heard that Signature has not paid their rent, you know, to the City for the use of the Victory Theater.  I don’t know if Glen Barnes would be the guy that could tell us that answer, but….

Councilwoman Robinson: That was brought up Councilman Kiefer at budget time last year and they had not paid since they have been there.  So I don’t know if you’d ask the City Administration to check into it.

Councilman Melcher: Yeah, I brought it up in November and couldn’t get an answer.

Councilman Kiefer: Okay.  That’s probably where I heard it then.  Okay.  Well that’s something I’ll ask Glen about then.  Thanks.

Councilwoman Robinson: Mr. President I have a question.  In front of me tonight I have an agreement for services, A contract between the Historic Landmark Foundation of Indiana and the Historic Preservation Commission.  I see Dennis here and Peggy I don’t know who could help me.  I have some questions about this contract as far as who approved it and where the funds are coming from.  And does the Historic Preservation Commission have the power to go into a contract like this?

Dennis Au: I’m Dennis Au the Historic Preservation Officer working for the Department of Metropolitan Development.  The contract in question was considered in December of last year.  It’s between the Historic Preservation Commission and the Department of Historic Landmarks Foundation of Indiana.  Since your inquiry we have looked into it in some detail.  The…we discovered that the previous director had earmarked it to be paid from a fund where there was $5,000 some dollars in parentheses in the fund.  And looking at that after the fact, after you made the inquiry, it was an un-funded line item.  So indeed there is no….

Councilwoman Robinson: So we don’t have any money for this contract?

Dennis Au: Not in that particular fund that he had selected and earmarked yes I have the money to pay for this contract out of there.  The other questions in….

Councilwoman Robinson: Wait.  What fund do you have to pay the $4,200 out of?

Dennis Au: Do we have one?

Councilwoman Robinson: Yeah.  You don’t have a fund that you can take the $4,200 out of?

Peggy Braun: There is a fund that when applications are presented to the Historic Preservation Commission there is a fee attached with that.  And then the Commission has a fund that probably has anywhere from 32 to $3,800 in that.

Councilwoman Robinson: This contract was for 40 what was that…

Peggy Braun: $4,200.

Councilwoman Robinson: $4,200.

Peggy Braun: Yes ma’am.

Councilwoman Robinson: Okay, so we don’t have money for….  But this contract was approved by the President of the Foundation and also the President of the Historic Preservation Commission.  Was this contract not approved by the Board of Public Works?

Peggy Braun: Well, that’s a question that Dennis researched for me this afternoon.  For example if you look at the Redevelopment Commission there’s the….that’s….that statute allows for them to disburse funds and then to also enter into contracts.  And he had gone back and tried to research that matter for us and was unable to locate that, so we will ask the legal attorney, or counsel tomorrow that would advise the Historic Preservation Commission if that’s truly the case.  Normally anything that would come out of our department, any contracts we would enter into would go through the Board of Public Works.

Councilwoman Robinson: And this has not been through the Board of Public Works?

Peggy Braun: No ma’am.

Councilwoman Robinson: Okay.  And I guess my other concern with this contract is that Dennis, isn’t this a lot of the same job that we pay you to do?

Dennis Au: There are many things in it that indeed I do, but Mr. Sebree has some special training and education that would enhance my ability, for example, to educate the folks on the Preservation Commission.

Councilwoman Robinson: Because I consider you an expert.

Dennis Au: Well thank you.

Councilwoman Robinson: And I didn’t know why we would have to pay someone else $4,200 when you are our expert.  And your job assignment, and correct me if I’m wrong, is to work with the Historic Preservation Commission.

Dennis Au: Yes it is.

Councilwoman Robinson: Okay. 

Councilman Melcher: I’ve still got a question on….

Vice-President Bagbey: Boy I’ve got a bunch of them now.

Councilman Melcher: I do too.

Vice-President Bagbey: Councilman Melcher.

Councilman Melcher: The $4,200 you say you’ve got a fund set aside and I thought I knew the DBG budget as well as anybody.  You’re going to have to show me that one somewhere.

Peggy Braun: I believe it’s 06519341500….

Councilwoman Robinson: 065 are for special accounts.  Isn’t that on for special accounts 065?

064 is CBD yeah.  So I’m saying it’s 065.

Councilman Melcher: But all that’s in there.  What you need to do is get me the page and line item on the greenbar sheet so we can see that we have that money.

Peggy Braun: For the greenbar sheet.

Councilman Melcher: Well, our City budget…. because it’s in there.

Councilwoman Robinson: Well I couldn’t fine it in the budget book.

Councilman Melcher: And I just heard it tonight because I don’t believe there’s money in there.

And I don’t remember.

Peggy Braun: Applied for 2003?

Councilwoman Robinson: You would…budget book for 2000…you started this contract December 10^th, 2002.  So you need to show us the budget book for 2002 and 2003 where those funds are allocated for that.  And I did not see any funds allocated under other…other contractual services.  So I don’t know what accounts.

Councilman Kniese: What is the effective date of the contract?

Councilwoman Robinson: The effective date was December 10^th, 2002 and be completed by December 9^th, 2003.

Councilman Kniese: Okay, thank you.

Councilwoman Robinson: So it should be in 2002 and also 2003.

Councilman Melcher: Because you’ve got the have the money encumbered before you sign a contract.  So we were short when we signed the contract. 

Councilwoman Robinson: So you will let us know because I’m under the impression, I’m leaving tonight believing that this is not a legal contract and it has not been approved by the Board of Public Works.  So you will get back with us and let us know where the $4,200 is coming from?  And while you’re talking to your legal counsel I guess the City Council Attorney will check on that also, because I was told that it has to be approved by the Board of Public Works.

Vice-President Bagbey: Councilwoman Robinson, thank you for bringing it up.  That’s kind of a bombshell.  I wasn’t aware of that.

Councilwoman Robinson: Well, when you consider the City’s financial condition I’m trying… as the job of being Finance Chairman I think it is my responsibility to look over everything. 

Vice-President Bagbey: It’s amazing to me.  Anything else?  Anyone else under miscellaneous business?  Have a motion for adjournment.

ADJOURNMENT:

Councilman Kniese moved and Councilman Kiefer seconded the motion to adjourn.  Voice Vote. 

So Ordered.  There will be no meeting next Monday.  The meeting will be on February 10^th.  

Meeting adjourned at 7:30 p.m.

                                               

PRESIDING OFFICER

                                               

CITY CLERK