CITY COUNCIL MINUTES
SEPTEMBER 22, 2003
The Honorable Council of the City of Evansville met on regular session at 6:30 pm on Monday, September 22, 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 nine (9) members present and zero (0) members absent and nine (9) members representing a quorum, the President declared this session of the Common Council officially opened.
PLEDGE OF ALLEGIANCE
President John led the pledge of allegiance this evening.
COUNCIL ATTORNEY
John Hamilton is Council Attorney this evening.
TEEN ADVISORY BOARD
Breanna Herschelman Stephanie Givens
Chanelle Darden Jenna Schmitt
READING AND AMENDMENT OF MINUTES OF PRECEDING MEETING
Is there a motion to approve the minutes of the September 15, 2003 meetings of the Common Council as written?
Councilman Bagbey moved and Councilwoman Walden seconded the motion that the minutes of the regular meeting of the Common Council held September 15, 2003 be approved as written. Voice vote. So ordered.
REPORTS AND COMMUNICATIONS
IN YOUR SEPTEMBER 19H PACKET:
*City Council Agenda for September 22, 2003 meeting.
*Committee meeting schedule.
*Minutes from September 15, 2003 City Council Meeting.
*A letter from Legal Aid Society of Evansville.
*Three Notices of Claim against the City of Evansville.
*A memo from Joan David regarding services for Governor O’Bannon.
*Financial Report dated August 31, 2003.
*Report from Weights and Measures.
*An Invitation to the First Annual Evansville Animal Shelter Fall Festival Day.
*Official Notification of the Alhambra Theatre, Inc. Board Officers.
*A memo from City Clerk Alberta Matlock regarding Parking Police Position.
ON YOUR DESK THIS EVENING:
*A News Release stating City of Evansville Implements Energy Cost Reduction Program.
*Wheeler Neighborhood Association Newsletter
*Memo from Glen Barnes regarding Revisions to the 2004 Budget.
Councilman Melcher moved and Councilwoman Robinson 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
NOTHING FILED FOR FIRST READING.
CONSENT AGENDA
SECOND READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE G-2003-23 PUBLIC WORKS (BAGBEY) ROBINSON
AN ORDINANCE AMENDING CHAPTER 7.75 REGARDING SOUND LIMITATIONS
ORDINANCE F-2003-13 FINANCE (ROBINSON) COUNCIL AS A WHOLE
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENDITURES OF DEPARTMENTS OF THE CITY GOVERNMENT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004.
ORDINANCE F-2003-15 FINANCE (ROBINSON) JOHN
AN ORDINANCE OF THE COMMON COUNCIL APPROVING THE ANNUAL COMMUNITY DEVELOPMENT PLAN AND APPROPRIATING COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT, HOME INVESTMENT PARTNERSHIPS GRANT AND OTHER FUNDS.
COMMITTEE REPORTS:
PUBLIC WORKS CHAIRMAN________________________________________ BAGBEY
Mr. President we had a Public Works Committee Hearing and we have a do-pass recommendation on Ordinance G-2003-23.
FINANCE CHAIRWOMAN_________________________________________ ROBINSON
Mr. President, your Finance Committee met on Ordinance F-2003-13 and Ordinance F-2003-15 both as amended. Both come before you with a recommendation for a do-pass
Is there a motion to adopt the Committee Reports and moved these Resolutions to Third Reading.
Councilwoman Robinson moved and Councilman Kniese seconded the motion to adopt the Committee Reports and move these Resolutions to Third Reading. Voice vote. So ordered.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES:
ORDINANCE G-2003-23 PUBLIC WORKS (BAGBEY) ROBINSON
AN ORDINANCE AMENDING CHAPTER 7.75 REGARDING SOUND LIMITATIONS
Is there a motion to adopt Ordinance G-2003-23 and call the roll?
Ordinance G-2003-23 and call the roll.
ROLL CALL:
Ayes: Kniese, Bagbey, Melcher, Robinson, Koehler Walden, Watts, Angermeier, Kiefer, John.
There being nine (9) ayes and zero (0) nays, Ordinance G-2003-23 is hereby declared ADOPTED.
REGULAR AGENDA
THIRD READING OF ORDINANCES OR RESOLUTIONS
ORDINANCE F-2003-13 as amended FINANCE COUNCIL AS AWHOLE
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF EVANSVILLE, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENDITURES OF DEPARTMENTS OF THE CITY GOVERNMENT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004.
Ordinance F-2003-13, as amended, and call the roll.
ROLL CALL:
Ayes: Kniese, Robinson, Watts, Angermeier, Kiefer
Bagbey: For the record. The Mayor toured the Eastview Neighborhood on April 4, 2003 and as of this date still has not responded to the request of the neighbors. But, I have been told, since there is not a line item again in the budget, that we will be able to expect $150,000 out of the large drainage account for 2004, to complete and forever put that drainage project to bed. Thank you, and I vote aye.
Melcher: I’m going to repeat what I said at the last hearing we had on the Finance. I believe we’re under funded at the Zoo. It took us a lot of years that we were only putting in $300-$400,000 a year and as you know by doing that we lost the AZA and that is one of the things that they said because we weren’t funding it enough every year. And, we had some problems with our Zoo Director at that time we lost it. When we started putting in what we...about a million a year or $800,000 a year it seemed to help and turn it around. And I was really shocked to see that, you know, being this year this must be a special year that it went down to $25,000 for capital, and $30,000 for an automobile. And just because we passed a $15 and one-half million dollar Zoo Bond, which is going to take three to build, that kind of defeats the purpose that we’re going to set there for a whole year without them doing anything. But they are going to have some money rolling over, but that just puts us right back to square one and it took the three years to get out and now we’re back again. And with that I vote aye.
Koehler Walden: I just want to express my appreciation to the Controller, the Mayor, the Members of the Council for working to put together a good budget. I feel like we do have a good budget, I feel like we have adequately funded projects and I’m pleased to see that we are going to be able to move forward on the bonding at the Zoo. And therefore I vote aye.
John: I’m happy to see in the fourth year that we’ve finally adopted a budget that I’ve kind of been urging for the past few years. It appears to be a balanced budget and this year it appears that the Mayor had to make some difficult cuts similar to what we had to make last year. I was a little disappointed in some of the areas that he cut, such as paving and sidewalks and very disappointed in the cutting of the drainage fund, but that was BC, before Cher, and it may not have happened otherwise. I mean we’ve got some major needs in that area. Hopefully, whoever is in the next year will start paying some attention to our infrastructure and we can solve some of these problems that we’ve been facing. I know ever since I’ve been on the Council and it wasn’t started then. I’m not blaming this Administration for the past fifty years of problems that we have to address over the next few years. But I’m glad to see we’re back to a projected balanced budget. And hopefully it will come in like that, so with that I vote aye.
There being nine (9) ayes and zero (0) nays, Ordinance F-2003-13, as amended, is hereby declared
ADOPTED.
REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES
ORDINANCE F-2003-15 (as amended) FINANCE (ROBINSON) JOHN
AN ORDINANCE OF THE COMMON COUNCIL APPROVING THE ANNUAL COMMUNITY DEVELOPMENT PLAN AND APPROPRIATING COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT, HOME INVESTMENT PARTNERSHIPS GRANT AND OTHER FUNDS.
Councilman Melcher: Mr. Chairman. Excuse me Mr. President, at this time I’d like to remind all the Council Members and people in the audience. I’m an employee of CAPE, even though none of this block grant money affects money in any way shape or form, I do have to abstain from voting per the letter that all of you got last year. So, I just wanted everybody to know. Thank you.
President John: Thank you. With that may I have a motion?
Councilman Watts moved and Councilwoman Walden seconded the motion to adopt
Ordinance F-2003-15, as amended, and call the roll.
ROLL CALL:
Ayes: Kniese, Bagbey, Robinson, Watts, Angermeier, Kiefer, John
Koehler Walden: As always this is one of the most difficult tasks that we have and I know we’re hopefull that there will be some supplemental funding come in that some of the areas that we maybe have moved some money around from we can replace that money. And, I would hope that we would consider doing that. With that I vote aye.
Abstention: Melcher.
There being eight (8) ayes and zero (0) nays, and one (1) abstention, Ordinance F-2003-15, as amended, is hereby declared ADOPTED.
MISCELLANEOUS BUSINESS
President John: For the record there will not be a City Council meeting on Monday, September May 29th as it is the fifth Monday of the month.. Our next meeting will be October 6th. With that I have a couple of people that would like to speak under Miscellaneous, but is there any Council Member that has anything before I call them? Councilman.
Councilman Bagbey: In our packet was a notice of claim. Mr. Hamilton dealing with a subject by the name of Clark. I don’t really know why the City was sued but dealing with a minor child placed in a home that I believe is in the County. Did you read that?
John Hamilton: I did. I don’t have it in front of me, but on a lot of those claims they just blanket every government agency to make sure they don’t miss any. I mean that’s been forwarded to Corporation Council and Insurance Defense to see if anything was necessary but that is not uncommon for them to give notice to every government entity.
Councilman Bagbey: Well, it’s was the first one I’ve seen on Council where the City was sued for an action that occurred in Vanderburgh County and not by any action of the City of Evansville. That’s what caught my attention that’s why I raised it tonight. Thank you.
John Hamilton: It’s a notice to put everyone on notice, it’s not the actual complaint yet and when they actually get to the lawsuit….
Councilman Bagbey: I understand that but that’s the first time I’ve ever seen that.
President John: That’s the unique thing about law you can get sued and not have done anything. (laughter)
Councilman Bagbey: I’m well aware of that.
President John: Councilman.
Councilman Kiefer: Thank you Mr. President. I noticed in our packet was a news release from the Mayor’s office and it was in regard to the City implementing an Energy Cost Reduction Program. Having worked at SIGECO and VECTREN for twelve to thirteen years I think this is a
very, very good move. I think we ought to look for other opportunities. I see that they are going to save 1.2 million dollars in energy costs. Interesting because I know SIGECO or VECTREN took a lot of heat for their 1.2 plus million for the Stadium Project. So this…I don’t know if it….quite balances it our, but it does provide some relief. I’d like to see some more programs like this and hopefully there will be some other energy cost savings programs coming forward in the future.
President John: And the thing I like about this program is we will be able to monitor whether or not it’s actually saving us, because each intersection has it’s own meter. So a year from now once the LED’s have been put in to replace the current ones we’ll see what reduction we’ve had in usage. And we’ll be able to track it.
Councilman Kiefer: I know that in some other cities, when I was involved with it, they were pretty good savings programs. Perhaps we can do this in other areas of the City as well.
President John: Councilman Bagbey.
Councilman Bagbey: Since Councilman Kiefer raises it and which I applaud and appreciate your experience, but I think 1.2 million dollars in savings is projected over ten years.
President John: Ten years, correct. At this time Beth Schaefer. Ms. Schaefer’s here with us again this evening.
Beth Schaefer: I’m Beth Schaefer with Youth Resources and our shadowing kids are with you and they are members of the Teen Advisory Council. As I had requested last week that possibly some of the City Council people could come to some of the meetings. We did have two Councilmen come this past Friday. One was Steve Bagbey and one was Curt John, he made it to the meeting. Plenty of time before it started. And we did call Jeff Kniese early that morning to give him a wakeup call and we just wanted to provide proof to the City Council people that President John did make it.
President John: Yes.
Councilman Kniese: What’s the date of that picture?
Councilman Bagbey: That was prior to the sixty some odd people giving you a wakeup call.
President John: As you recall Councilman Kniese indicated that if I showed at that meeting he’d like a picture of that.
Beth Schaefer: Yes he did. So we have proof for Councilman Kniese. And then we added our own little touch at the bottom, and I’ll go ahead and read that for you. It says:
There once was a man named Curt John,
Being up at 5:45 A.M. made him yawn,
He came to TAC with a smile on his face,
Jeff Kniese could not keep up with his pace,
What a great Councilman he was Friday morn’! Thank you
President John: I kind of wish I’d have written that. For those of you that don’t know we showed up Friday morning and I knew that Councilman Kniese was kind of skeptical as whether or not I could make it. So, I asked for all the students help. I said: “I just happen to have Mr. Kniese’s home phone number. I’d like to get him on the phone and when I say “ hello” I’m going to point to you and you say: “good morning Jeff”. And I had sixty kids in unison wake him up. (laughter)
Councilman Kniese: That they did.
President John: Your are a good sport.
Councilman Kniese: I appreciate that very much. The next time I’d appreciate it if you’d acknowledge who you are first. (laughter). I had no idea who was calling me at a quarter after six in the morning on a Friday, but once they said “Good morning Jeff”, I figured it out, thanks.
President John: Thank you. We also have Carol Davis here with us this evening that would like to talk to us about a vacant house.
Carol Davis: Right. I live in the Jagoe Subdivision, Timber Park Neighborhood Association and I’ve got some pictures here. This house has been vacant, well before 9-11 they moved out and these people are from Kuwait and this house is…we’ve called everybody down here trying to get something done. And somebody broke into it once, I don’t know if they actually got anything. It’s just like these people moved out like you went to work this morning and that’s the way it’s been left inside. Supposedly there’s a vehicle in the garage. I mean we have concerns because of the yard. You can see the backyard it was all dried out earlier this summer. Anybody could go by there and throw in a match. I mean we have homes on, you know, all sides there and the kids, you know, it’s just an invite for vandalism, which has already happened, we’re afraid that something drastic is going to happen there, and we want to do something beforehand. And I’d like to ask this body to really look at the Ordinances and see what can be done. I mean Homeland Security even. I mean it’s not even going to be effective if it doesn’t start at grass roots and this is really alarming to me that this has been allowed to go on for what, three years. And we’d like to ask this body to, you know, come together and do something for the welfare and the well being of the neighbors there.
President John: We’ll sure look at it. There are a number of Ordinances on the books right now that at sometime we’re either under manned or it’s out of the area where we’re enforcing it. Even though we kind of disagree with that philosophy. And we are currently looking at doing some changes in the existing Ordinances. Councilman Kniese and I are working with some of the neighborhood organizations. We can forward this to the Health Department, to the DMD..
Carol Davis: They’ve all been there.
President John: I understand. But sometimes we had the same instances happen in Angela’s ward at a particular residence and we were able to get the ball rolling there and actually the individual ended up selling the house. It’s now in the process of being renovated. Hopefully, the neighbors are happy with the progress that we were able to achieve there and we’ll be happy to….
Carol Davis: They told us, you know, as long as he paid his taxes and he paid for putting that plywood on the back door, that the DMD was very happy. I mean, you know, that doesn’t help the neighbors there and these are new homes, I mean, they’re….
President John: This is a very nice looking house. From the front….
Carol Davis: Yeah, I don’t know anybody on this panel that can afford to leave a home set like that. You know it’s worth probably $150-$175,000.
Councilman Melcher: What’s the address?
Carol Davis: It’s 3800 Deer Trail, or yeah, it’s Deer Trail. It’s on Deer Trail and Park Ridge.
President John: Councilwoman.
Councilwoman Walden: Thank you. Gee, I guess I have all the luck because this as it happens is in 5th ward as well. So I really appreciate you coming down and bringing it to our attention and I can assure you that when this body works together that we get things done and we’ll get right on it.
Carol Davis: That’s what we’re hoping, we don’t want to make politics out of it, but I know it’s been, you know, we’ve been very patient as a neighborhood to live with this.
Councilwoman Walden: This is the first time I’ve heard of it so I’m glad to know that things are coming along.
President John: And I think you’ll find a low of bi-partisan cooperation on the Council working towards issues such as this.
Carol Davis: Well I know you reduced the grass to 9” I think. But you know that doesn’t…9” is a lot. Especially this is a corner lot, I mean, I just I don’t know. But appreciate whatever you can do. Thanks.
President John: Thank you, thank you. I have one matter, it’s just a sideline. As you know last week the City sold the bonds for the Zoo. I believe the rate they received was…or being charged 9….4.4458 and I just happen to have the rates from back in July when we first continued this matter for two weeks it was 4.175. On September 12th of this year the rate was 4.173, which was less then it was on the 21st. I don’t think our action, even though you could have got a lower one on 9-12 had anything to do with it. The date was set, they were going to be sold on the 18th and whatever the rate was going to be on that day we rolled the dice and that’s the rate that we got. Which is still much better than many other bonds that we’ve issued. So, our delay as evidence by the Bond Council, the City Controller, and anyone else that’s in the loop on this, our delay had nothing to do whatsoever with the rate that we received. Any other questions or comments by Members of Council? Councilman Kniese.
Councilman Kniese: Following the same line with City finances, I’m really glad this year we didn’t have to spend between 8 and $12,000 to a previous City Controller to look over the City’s budget so, that was helpful for me not to pay for that expensive lesson, so to speak.
President John: Luckily the Council was the one able to catch a million and a half in errors instead of having to pay somebody to do it, so… Any other comments by Council? Committee Reports. Excuse me one minute. John Hamilton has something that he would like to discuss at this time.
John Hamilton: Just wanted to give you an update on the smoking issue. Met with Dave Rector and the Attorney for the Building Authority. Also met with Kevin Winternheimer, reviewed the lease between the City and the Building Authority, viewed the Statute for the Building Authority. My conclusion at this time is that basically the City Council as the Legislative body can really only regulate the space that’s leased by the City. The common areas and the land are owned and regulated by the Building Authority. You can certainly make known to the Building Authority what you would like for them to do in terms of that common space. Their next meeting is the 30th of this month. The City Personnel Department can certainly adopt policy’s governing City Employee’s, but, the City and County are basically tenants and are governed by the lease and have rights of tenants. So, I think this body has done all it can do in the Ordinance that it has. I did convey this also to Johnny Kincaid by telephone today and he took in all the information and basically indicated that he might come back and ask you to do a Resolution or make a request to the Building Authority. And, he also indicated he might want to meet with me next week on it and I told him I was willing to do that. Just wanted to report back to you on that information.
President John: Thank you. Just to touch once again on your little subject. No, no, no, no and I agree we did spend between 12 and $15,000 for our former Controller to find $5,000,000 worth of mistakes. We only found a million and a half, I hope we didn’t miss three and a half million. Your turn.
Councilman Kniese: I’m sure you didn’t, this is a very solid budget this year.
President John: Thank you.
COMMITTEE REPORTS:
FINANCE CHAIRWOMAN:______________________________________ ROBINSON
Mr. President your Finance Committee will meet on Ordinance F-2003-17 on October 6th, 2003 at 6:15
ASD CHAIRMAN:_____________________________________________ ANGERMEIER
Nothing is scheduled at this time.
PUBLIC WORKS CHAIRMAN:_________________________________________BAGBEY
President John: Nothing scheduled?
Councilman Bagbey: Yes, I’m having something come forward and I know it’s in October it’s on Vacation of Berry Plastic’s if I remember correctly, but I do not recall the date. I did not see it on the schedule. If I could take just a second Mr. President. Our legal counsel has finished the research when we talked about zoning and all the blanket zonings that were done 50-60 years ago in the Evansville area where….recall one incident for Council…the shotgun style duplexes that were later built in front of Memorial High School that caused a lot of concerns and we’ve been looking at that. The next step then is to sit down with Area Plan and John, I’ll get back with you then we’ll move forward. But, we have to convince Area Plan to start looking at the City and then where we have residences, which are still could be R-3’s or R-4’s and everything is R-1. We need to bring those into….I think, into the 22nd century so we don’t have some of these multi-dwelling occurrences happen when the neighborhood looses it’s flavor because of what was passed sixty years ago, or fifty years ago. And I appreciate your help on that John, I really do, thank you.
President John: Thank you, with that we’ll accept a motion to adjourn.
ADJOURNMENT:
Councilwoman Robinson moved and Councilman Melcher seconded the motion to adjourn. Voice Vote. So Ordered. Meeting adjourned at 7:20 p.m.
PRESIDING OFFICER
CITY CLERK