Council and Board of Works Minutes

March 26, 2008

City Council

April 8, 2008

The Board of Public Works & Safety met in regular session at the Knox City Hall on Wednesday, March 26, 2008 at 9:30 A.M. with the following members present: Rick Chambers, Mayor; Edward Blue and Sidney Marks, Board Members, Shari Spaid, Deputy Clerk-Treasurer and City Attorney David Matsey.

Copies of the minutes of the previous meeting were mailed to the board members prior to the meeting. Board Member Blue made a motion to approve minutes as presented. Motion was seconded by Board Member Marks and was passed by a vote of Three (3) Ayes and No (0) Nays.

Don Bixby from Territorial Engineering introduced himself to the board stating that he is a licensed professional engineer and has also worked for a city himself at one time and he is looking forward to working with the City of Knox.

Police Chief Clint Norem came before the board to discuss the need for a policy in reference to prisoners taken to the hospital. If someone is arrested and needs medical attention before he is taken to jail the arresting officer has to either stay until the person arrested is treated or leave in which case the arrested person is free to go after treatment. If the doctor feels this person needs to stay for a period of time the arresting officer leaves posing a question of security for the hospital personnel. There is also an issue of financial responsibility for the treatment of the prisoner. After discussion was held, Mayor Chambers suggested checking with other police departments and what their policies are because there are many issues that need to be considered.

Mayor Chambers discussed with the board the possibility of changing the drug screening policy. Some people are called several times in a row and others don't get called for a long period of time. He felt that the cost of the drug screening was not a problem but he suggested that they work out something with the hospital about a more uniform way of testing employees. He feels it is more trouble than it's worth. Board Member Marks stated that the very thing that we don't like about the policy may be the best part of the policy which is the fact that people don't know when they will be called. He felt that we should leave the policy the way it is. After discussion was held it was decided to leave the policy as it is.

Water Superintendent Burger informed the board that all the work at the water plant is done. The Mayor asked him if they plan on doing landscaping and Superintendent Burger said they will be. He also informed the board that the vehicles are getting old and they are needing more work done on them.

Wastewater Superintendent Ernie Smith stated that the vac truck is 12 years old and is more costly to fix than it is worth. He felt that will need to be replace in a couple of years. Board Member Marks suggested that the department heads need to come up with a plan of some sort for replacing equipment and vehicles.

Superintendent Smith presented a quote to the board to repair radiator on generator at the wastewater plant. The quote was for $2,887.67. Mayor Chambers questioned whether this was a quote to rebuild the radiator or to replace it. Superintendent Smith was not sure and said he will find out.

Superintendent Smith said they need 2 hand held radios. At the present time they only have one. The cost is $170.00 each. Board Member Marks made a motion to approve the purchase of 2 hand held radios. Motion was seconded by Board Member Blue and was passed by a vote of Three (3) Ayes and No (0) Nays.

Superintendent Smith told the board that they need a trailer for the camera. The fire department has a van but he said it won't work because it is not tall enough. Mayor Chambers told him to bring back an estimate on the cost of a trailer. The Mayor also wants to look at the van. He feels that the van can be modified and it would be cheaper than buying a trailer.

A manhole on Airway Drive is sunk and needs a riser. A lot of other manholes need located as they have been paved over throughout the years.

There being no further business to come before the board the meeting upon motion was duly adjourned.

                                             _______________________
                                              Rick Chambers, Mayor

Attest:                         ______
            Shari Spaid, Deputy Clerk-Treasurer

CITY COUNCIL

The Common Council of the City of Knox met in regular session at the Knox City Hall at 7:00 PM CST on April 8, 2008 with the following members present: Mayor, Rick Chambers; Council members, Linda Berndt, Ron Parker, Jeff Berg, Ed Blue and Rich Neuberg; Clerk-Treasurer, Jeff Houston and City Attorney, Dave Matsey.

Minutes to the previous meeting were mailed to the Council members prior to the meeting for their consideration. The date in the minutes of the last meeting was changed from March 26th to the proper date of March 25th. Council member Ed Blue made a motion, seconded by Linda Berndt to accept the minutes as amended. Motion passed with Five (5) Ayes and No (0) Nays.

Clerk-Treasurer Jeff Houston reported that several city employees had recently completed training including, Planning Administrator Greg Matt, Clerk-Treasurer Jeff Houston and City Police Chief Clint Norem. New garbage routes have now been implemented and seem to be working well. Clerk-Treasurer Houston also reported that he has begun to advertise for the summer street paving project. The following streets will be paved in 2008.

CULVER ROAD - 38 ft. x 1132 ft. from Jerry Johnson's alley to Portland street. 20 ft. x 980 ft. from Portland Street to South Roosevelt.

State Representative Nancy Dembowski was to appear before the Council to explain the ramifications of House Bill 1001, however she was tied up in another meeting and did not make our council meeting.

Tony Radkiewicz appeared before the board, representing the Park Board. He said they had compiled rules from other City parks and that they thought an alcohol ban at the park might be a good idea. A general discussion took place concerning the rule. Chief of Police Clint Norem said there really had not been any problems with the present policy. Clerk-Treasurer Houston said that we presently have laws to cover drunk driving and public intoxication if there are any problems. Council member Berndt remarked that family reunions at the park often have alcohol. Mayor Chambers said the city would take it under consideration and discuss it at a future meeting.

Mayor Chambers read and explained Ordinance #1075. The ordinance brings the planning commission ordinance into compliance with the Indiana Code and with present practice. He explained that since we have a two mile jurisdiction with the planning commission, we have two members representing the unincorporated area on the commission that are appointed by the county executive for a total of nine (9) members. Our current ordinance calls for a total of only seven (7) members.

Council member Linda Berndt made a motion to suspend the rules and read Ordinance #1075 by title only for a second and third reading. Council member Jeff Berg seconded the motion. Motion passed with Five (5) ayes and No (0) nays.

Council member Ed Blue made a motion to accept the ordinance as presented. Council member Linda Berndt seconded the motion. Motion passed with Five (5) ayes and No (0) nays.

AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF KNOX, INDIANA, AMENDING CHAPTER 13, ARTICLE II OF THE KNOX MUNICIPAL CODE TO CORRECT THE COMPOSITION OF THE CITY PLAN COMMISSION

WHEREAS, the City of Knox has extended the planning jurisdiction of the city two miles beyond the corporate limits; and

WHEREAS, I.C. 36-7-4-214 provides that the county executive shall appoint two additional citizen members of the Knox City Plan Commission whenever the City extends its planning jurisdiction two miles beyond the City limits; and

WHEREAS, the current ordinance incorrectly states the total number of members of the City Plan Commission as seven (7) members: and

WHEREAS, the Knox City Planning Commission has been operating with the appropriate number of members: and

WHEREAS, the Common Council of the City of Knox desires to correct its current ordinance to specify the appropriate numbers of total members of the plan commission;

NOW BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF KNOX, INDIANA TO WIT:

SECTION 1. That Section 13-27 of the Code of Ordinances, City of Knox, Indiana, is hereby amended to read as follows:

(1) The municipal legislative body shall appoint three (3) persons, who must be elected or appointed municipal officials or employees in the municipal government, as members.

(2) The municipal legislative body shall appoint four (4) citizen members, of whom no more than two (2) may be of the same political party.

(3) The Starke County executive shall appoint two (2) additional citizen members who must reside in the unincorporated area and not be of the same political party.

SECTION 2. This Ordinance shall be in full force and effect from and after the passage by the Common Council and the approval by the Mayor of the City of Knox, Indiana.

PASSED AND ADOPTED by the Common Council of the City of Knox, Indiana, this 8th day of April, 2008.

PRESENTED by me to the Mayor of the City of Knox, Indiana, on this 8th day of April, 2008, at 7:00 PM.

Mayor Chambers explained the need for an ordinance to regulate wood fired furnaces in the City limits for the City of Knox only.

Council member Linda Berndt read from a report of an assessment of outdoor wood fired boilers prepared by the Northeast States for Coordinated Air Use Management. She stated that the average fine particulate emissions from one OWB are equivalent to the emissions from 22 EPA certified wood stoves, 205 oil furnaces or as many as 8,000 natural gas furnaces. A citizen in the audience said that there had been people at other meetings that disputed these statistics.

A general discussion took place concerning the issue. Council member Ed Blue made a motion to read the Ordinance by title only. Motion was seconded by Council member Ron Parker. Motion passed with Four (4) ayes and One (1) nay. Councilmen Rich Neuberg voted nay.

Citizen George Byer representing the park department reported a spate of vandalism in the park. He reported a port-a-john had been tipped over, electrical wires torn from the top of the concession stand and a guard rail damaged. He asked if the City Police could patrol more in the evenings and on weekends.

City Attorney Dave Matsey reported that he had been notified by the attorneys for former officer Dennis Fornelli that Fornelli was appealing the last discussion by the judge. This means the case will go on for awhile longer with the city paying for outside council.

Attorney Matsey reported that when the city ordinances were codified they left out part of the animal control ordinance. He advised the council that the ordinance needs to be revised.

Mayor Rick Chambers reported that we will have a work session before the next council meeting on garbage rates.

The Mayor said he sent a letter to the County Council and Commissioners for help with this years fireworks. He also contacted the Starke County Tourism Committee and Chamber of Commerce to help.

Mayor Chambers reported that the Courtside View Restaurant has asked the city to provide a handicapped spot in front of their business. He said that he counted seven handicapped spots in the city's downtown. The City Attorney will look into the situation.

The Mayor said that e epoxy that holds the gravel on the sidewalk at the City Hall is coming up. The gravel gets tracked into City Hall and is ruining the wood floor. It is also chipping off at the Police and Court entrances. He said he has gotten a bid for repair and replacement at the three entrances that will run $1,190.00.

Mayor Chambers reported that the City is thinking about swapping the Fire Department with the Street Department. Some work would need to be done such as electrical work for welders.

Don Manson from M.P.I. contacted the city and wants to put in a road so they can exit their building South to Pacific Avenue. The Mayor and Jeff Borg, Superintendent of MVH rode out and looked at the site and they did not think it was a good idea.

Mayor Chambers reported that we had a dog bite problem. Someone got bitten and the Health Department allowed the owners to keep the dog. A civil lawsuit has been filed against the owner. The Mayor said that from now on all dogs that bite someone will be impounded.

Mayor Chambers said that a speed limit sign was requested for Short Drive. An Ordinance will be written first by the City Attorney to cover the situation.

A Prayer Breakfast will be held at the Knox Community Center at 7:00 AM on Thursday, May 1st. The Mayor can be contacted for tickets.

Councilman Rich Neuberg asked how many part time officer the City has. Police Chief Clint Norem said we have two auxiliary police that have arrest powers.

The following properly filed vouchers (see claim docket #12, page #677, voucher #4172- #4240 inclusive) were presented and approved.

There being no further business to come before the Council at this time the meeting upon motion was duly adjourned.