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City Council Meeting February 26, 2018

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EVANSVILLE CITY COUNCIL
FEBRUARY 26, 2018 At 5:30 P.M.

AGENDA

I. INTRODUCTION

 

AGENDA Attachment:
II. APPROVAL OF MEETING MEMORANDA

 

MEMO Attachment:
III. REPORTS AND COMMUNICATIONS
IV. SPECIAL ORDERS OF THE DAY
V. CONSENT AGENDA:  FIRST READING OF ORDINANCES AND RESOLUTIONS
A. ORDINANCE G-2018-04 An Ordinance Repealing Chapter 9.20 (Prohibiting the Use of Property for Illegal and Nuisance Activity) of the Evansville Municipal Code Sponsor(s): Elpers, Mosby, Weaver Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-04 Attachment:
B. ORDINANCE G-2018-07 An Ordinance Amending Chapter 6.05 (Animal Control) of the Evansville Municipal Code Sponsor(s): Mosby Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-07 Attachment:
C. ORDINANCE G-2018-08 An Ordinance Amending Chapter 2.115.020 of the Evansville Municipal Code Sponsor(s): Weaver Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-08 Attachment:
D. ORDINANCE G-2018-09 An Ordinance Creating Section 2.10.005 (Common Council Term Limits) of the Evansville Municipal Code Sponsor(s): Elpers Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-09 Attachment:
E. ORDINANCE F-2018-01 An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 3/12/2018
F-2018-01 Attachment:
F. ORDINANCE F-2018-02 An Ordinance of the Common Council of the City of Evansville Approving the Annual Community Development Plan and Appropriating Community Development Block Grant, Emergency Solutions Grant and Home Investment Partnership Program Grant Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 3/12/2018 4:30 p.m. Notify: Kelley Coures, Dept. of Metropolitan Development
F-2018-02 Attachment:
G. ORDINANCE R-2018-07 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1900, 1902, 1904, 1906, and 1908 N. Fourth Avenue Petitioner: Evansville Brownfields Corp. Owner: Evansville Brownfields Corp. Requested Change: R2 to C4 Ward: 6 Brinkmeyer Representative: Carolyn Rusk, Evansville Brownfields Corp.
R-2018-07 Attachment:
VI. COMMITTEE REPORTS

 

VII. REGULAR AGENDA:  SECOND READING OF ORDINANCES AND RESOLUTIONS
A. ORDINANCE G-2018-05 An Ordinance Amending Section 2.10.090 (Common Council) of the Evansville Municipal Code Sponsor(s): Elpers Discussion Led By: ASD Chair Adams 2/26/2018
G-2018-05 Attachment:
B. ORDINANCE G-2018-06 Ordinance of the Evansville Common Council Authorizing the City of Evansville, Indiana, to Issue One or More Series of Its “Economic Development Revenue Bonds (SP Evansville, LLC Project)”, and Approving and Authorizing Other Actions in Respect Thereto Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
G-2018-06 Attachment:
C. RESOLUTION C-2018-02 Resolution Authorizing the City of Evansville, Indiana to Execute and Deliver a Third Supplemental and Amendatory Loan Agreement in Connection with Its Economic Development Revenue Bond, Series 2011A (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011B (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011C (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011D (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011E (University of Evansville Project) and Approving and Authorizing Other Actions in Respect Thereto Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
C-2018-02 Attachment:
D. RESOLUTION C-2018-03 Resolution Authorizing the City of Evansville, Indiana to Execute and Deliver a Second Supplemental and Amendatory Loan Agreement in Connection with Its Economic Development Revenue Note, Series 2013 (University of Evansville Project) and Approving and Authorizing Other Actions in Respect Thereto Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
C-2018-03 Attachment:
E. ORDINANCE R-2017-25 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4707 Jackson Avenue Petitioner: Kyle Lutz Owner: Kyle Lutz Requested Change: C4 to R2 Ward: 1 McGinn Representative: Kyle Lutz
R-2017-25 Attachment:
F. ORDINANCE R-2017-28 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1108 Stanley Avenue Petitioner: Lewis Tuggle Owner: Lewis Tuggle Requested Change: M2 to R3 Ward: 3 Hayden Representative: Lewis Tuggle
R-2017-28 Attachment:
G. ORDINANCE R-2017-29 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 421 Read Street Petitioner: Timothy Mills Owner: Shelby & Theresa Marshall Requested Change: R4 to C4 Ward: 3 Hayden Representative: Timothy Mills
R-2017-29 Attachment:
H. ORDINANCE R-2018-02 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 315 Taylor Avenue Petitioner: Dean Hall Owner: Spinnaker Holdings, LLC Requested Change: CO2 to C4 Ward: 4 Robinson Representative: Dean Hall, Mama’s, Inc
R-2018-02 Attachment:
VIII. RESOLUTION DOCKET
A. RESOLUTION C-2018-06 A Confirming Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for the Acquisition and Installation of Manufacturing Equipment at 101 Oakley Street Evansville, IN 47710 (Berry Global and its subsidiaries) Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
C-2018-06 Attachment:
B. RESOLUTION C-2018-07 A Resolution of the Common Council of the City of Evansville Reduction in the Speed Limit Along North Main Street Between Division Street and West Morgan Avenue Sponsor(s): Mosby Discussion Led By: Public Works Chair Mosby 2/26/2018 Notify: Kelley Coures, Dept. of Metropolitan Development
C-2018-07 Attachment:
IX. MISCELLANEOUS BUSINESS
A. THE NEXT MEETING of the Common Council will be Monday, March 12, 2018 at 5:30 p.m.  A Finance Committee meeting will begin at 4:30 p.m.
B. BOARDS & COMMISSIONS
C. ADDITIONAL MISCELLANEOUS BUSINESS
X. COMMITTEE REPORTS

 

XI. ADJOURNMENT

Commentary: Watch Your Mouth, Kid, The Whole Country Is Listening

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By Michael Leppert
www.contrariana.com

From behind a podium in Florida last week, Emma Gonzalez said plenty. Much of what she has said the last several days has been said before, sort of.

Michael Leppert is a public and governmental affairs consultant in Indianapolis and writes his thoughts about politics, government and anything else that strikes him at Contrariana.com.

A sample of her tone was directed toward our nation’s political class.  She said to a mourning crowd, mocking the old guard “that us kids don’t know what we’re talking about, that were too young to understand how the government works—we call B.S.!”

I mourn the kids from Marjory Stoneman Douglas High School who died February 14. I love the ones who survived.

I tend to agree with the survivors’ underlying message, which helps me be a fan, but that is secondary for purposes of this column. They are rattling cages. And it is refreshing to watch.

There has been an abundance of protesting lately in America. The “resist” movement is getting people off of the coach who had grown far too comfortable there. Of course, I’m talking about old people when I say that. I can say “old” because I certainly qualify. And please don’t misunderstand me on this, I support activism in general and not just the brand with which I agree.

This is a special moment I hope our nation does not overlook. Obviously, the catalyst for this movement was a catastrophe that hopefully does not recur. But part of the uniqueness of the moment is that the young people speaking out today are the actual victims of the catastrophe. I hope that part is never the case again.

The other part is a belief that speaking up actually matters. That is the thing that the old people in this country need to help make sure remains true. Young people need to know that what they are saying is important. Not because it represents some cliché participation trophy, but because their perspective can help us old folks hear B.S. with fresh ears.

That’s what these kids are giving us more than anything: fresh ears.

David Hogg is one of Gonzalez’ classmates. He was a prominent target of conspiracy theorists who wanted the public to believe that these young people were actors. While we are discussing B.S., this is on top of the list. Hogg’s dad happens to be an FBI agent as if that matters.

“I haven’t lost hope in America, and my dad hasn’t either,” is a sample of what this young man said. He is 17 years old. He has already taken more from the mysterious and cowardly opposition on gun issues than anyone should have to take. And he appears unphased by it. Stay strong, kid.  We need you to stay strong.

Perspective is the thing that is changing the conversation on gun violence this time.

I have had some conversations with my guns rights friends these last few days. I am not friends with the NRA’s Dana Loesch and Wayne LaPierre. The people I have talked to are beginning to sound more reasonable than ever. My pals are making suggestions to me like, “be specific about the policy you want” and we might be able to agree. “Quit attacking the person who believes in gun ownership…” and maybe we can make a change together.

I ask things like “how about investing in a background check system that is as important to you as social security numbers, citizenship records, or voter rolls?” Or “how about having the Centers for Disease Control do research on how to identify mass shooters before they kill?”

These questions got me treated like David Hogg last year, but now 2nd Amendment lovers are actually thinking before they answer them.

The conversation is changing. These young people are responsible for it.

I hope all of this results in progress on America’s gun violence problem as much as anyone. But I also want to see the experience our nation is having, by listening to a new perspective, teach us a lesson that is broader. When the same group of people keeps having the same fruitless arguments over and over, sometimes the answer to the conflict is as simple as listening to someone with a different perspective.

Gonzalez, Hogg and their friends are not really suggesting anything that hasn’t been suggested before. It’s just that it sounds so much more clear coming from them. They are suggesting solutions to us that are inspiring in their simplicity and familiarity.

And their intentions are pure.

So, kids, watch your mouths. Make sure whatever it is that comes out of them is as honest as everything you have said so far. The world is listening. If you keep doing this right, it just might become a habit.

For all of us.

FOOTNOTE: Michael Leppert is a public and governmental affairs consultant in Indianapolis and writes his thoughts about politics, government and anything else that strikes him at Contrariana.com.

The City-County Observer posted this article without opinion, bias or editing.

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ACLU PLANS A STUDENTS KNOW YOUR RIGHTS TRAINING SESSION

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Students around the country are turning last week’s heartbreaking school shooting in Parkland, Florida into an inspiring push for change. In addition to grieving the lives of 17 classmates, students have met with the President, spoken their minds to Members of Congress, and taken to the streets and the internet. This is an incredible example of what people power looks like – what the First Amendment feels like in practice.

In the past few days, we’ve heard from students, parents, and teachers asking what students’ rights are – and whether schools can discipline students for speaking out.

Plans for coordinated student walkouts have been making national news and have already spurred disciplinary threats from some school administrators. That’s why we think it’s so important that everyone learns about their rights.

Join us on Thursday, March 1 at 8 pm ET for a Students: Know Your Rights! Training
(This link will take you to our People Power website.)

You’ll hear from student leaders and members of the ACLU legal team, like me, on our constitutional right to free speech and expression, and what it means for students who want to speak out. We’ll also share some details on how to report any possible First Amendment violations so that our team can track what’s going on around the country.

We’re inspired by the leadership and courage that students across the country have shown in response to the tragic shooting at Stoneman High School.

Whether you’re a young person or a parent, teacher, school staff orally, we hope you’ll join us to learn about students’ rights.

Students: Know Your Rights!
Thursday, March 1
8pm ET / 5pm PT

Register for the call.

Thanks,

Vera Eidelman
Brennan Fellow
ACLU Speech, Privacy, and Technology Project

P.S. Want some more information about student free speech? Check out this breakdown of school discipline and protest issues here.

FOOTNOTE: THE CITY-COUNTY OBSERVER POSTED THIS ARTICLE WITHOUT OPINION, BIAS OR EDITING.

 Evansville Drops Senior Day Showdown To Valpo, 67-54

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                               Gasper And Casteel Combine For 23 Of Aces’ 54 Points

EVANSVILLE, Ind. - On “Senior Day”, the University of Evansville women’s basketball team fought to keep pace with Valparaiso, but came up short in a 67-54 loss to the Crusaders in the Purple Aces’ home finale on Sunday afternoon inside Meeks Family Fieldhouse.

“The third quarter is getting us again and a lot of that comes down to the depth and we’re playing some players out of position and we’re just not as comfortable as we’d like to be because of it,” said Aces head coach Matt Ruffing. “We’re still battling through. I told our team after the game that the effort is getting there. We’re getting close to where our effort level needs to be to where we can now focus on the basketball stuff. I thought we really took a step forward today.”

The Aces honored a pair of seniors who each contributed a single season to program in graduate guard Hannah Noe and senior forward Elizabeth Perkins, who was honored in a ceremony prior to tip-off.

“I don’t care how long you’re on the team whether its four years or, in this case, Hannah has been a part of our team for one year and Elizabeth has been with us for three weeks, no matter the length of time you’ve been a part of the team, we want to honor them,” said Ruffing. “Both of them have been a really big influence on our team and I think their teammates think the world of them. Today’s ceremony was for us to be able to acknowledge them and for them to get the respect and applause they deserve and they are certainly worthy of it.”

For the ninth-straight game, junior guard Kerri Gasper led the Aces with 13 points, chipping in seven rebounds, two steals, and an assist. Freshman guard Kayla Casteel also finished in double-figures for Evansville, scoring 10 points, while sophomore center Kaylan Coffman set a new career-high with 10 rebounds to go along with six points and a block. Pacing the Crusaders was Dani Franklin who tallied a game-high 24 points, adding seven rebounds and four steals.

The opening quarter, much like the game, was a story of perseverance for the Aces as UE was tasked with digging itself out of an early hole. After Valpo jumped out to a 14-3 lead with 3:45 remaining in the quarter, Evansville responded with a 12-8 run to cut the Crusader’s lead to 22-15 heading into the second period.


Box Score (PDF)


In the second quarter, both teams hit a frigid offensive stretch. Evansville and Valpo combined to make just four field goals in the quarter as the Aces outscored the Crusaders, 7-6, in the quarter to trim Valpo’s lead to 28-22 at the halftime break.

As has been the case at other points during the season, the third quarter doomed the Aces. After a pair of free throws by Coffman cut the Crusader’s advantage back to six at 30-24, Valpo went on a 25-7 run to pull ahead, 55-31. In the third period, Valpo out-shot the Aces, 43.8% (7-16) to 11.1% (2-18), to help build its advantage heading into the fourth quarter.

Evansville found its stride in the fourth period as the Aces made one last push. After the Crusaders’ pushed their lead to its largest point of 26 at 63-37, UE manufactured a 17-4 run to close the game. The Aces shot a game-high 50% (8-16) from the field in the final ten minutes, while Valpo cooled off, shooting 33.3% (5-15), as the Crusaders grabbed the 67-54 win.

In the game, Valpo out-shot the Aces, 36.1% (22-61) to 25.4% (15-59), as Evansville was hampered by a cold shooting afternoon from beyond the arc where UE was just 8-35 (22.9%).

The Aces conclude the regular season with a trip to Missouri State on Thursday night before taking on Southern Illinois on Saturday in their final tune-up before MVC Tournament action.

Lady Aces Softball Team Drops Weekend Finale In Extra Innings

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UE Will Play In The Hilltopper Spring Fling In Bowling Green, Ky.

CHATTANOOGA, Tenn. – Another hard-fought contest saw the University of Evansville softball team fight to the finish, however, Chattanooga was able to grind out a 6-5 win over the Purple Aces in eight innings on Sunday at the Frost Classic.

Evansville (2-11) and Chattanooga battled for the duration of the contest, but the winning run scored for the Mocs in the eighth.  Brittany Hay picked up two of the Aces four hits on the day while Bailee Bostic hit a home run in the contest.  Hayleigh Weissenbach and Emma Sturdivant notched three hits apiece for the Mocs.

Evansville grabbed a 3-0 lead in the top of the first.  Elyse Hickey reached on a walk and would later score the first run of the game on a passed ball.   Lindsay Renneisen reached base on a fielder’s choice before Eryn Gould was walked.  Both would score on a Chattanooga error.

The Mocs got the three runs right back in the bottom half of the first with two scoring on an Amanda Beltran single and the final coming across the plate on a hit batter with the bases loaded.

Bailee Bostic broke the tie in the third with a 2-out home run to left to put the Aces back in front, but the bottom of the fourth saw UTC tie it right back up.  The back-and-forth action continued in the sixth when Brittany Hay gave UE a 5-4 lead on a single before Chattanooga hit a leadoff home run in the bottom of the frame to knot the score once again.

In the bottom of the ninth, Kacie Lynch singled home Weissenbach for the game-winner.

UE will be closer to home next weekend, playing in the Hilltopper Spring Fling in Bowling Green, Ky.

 Aces Track And Field Concludes Indoor Season On Second Day Of MVC Championships

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                        Aces’ Women Finish Ninth In 10- Team Field, while Evansville Men Earn Ninth-Place Finish

 CEDAR FALLS, Iowa - The University of Evansville men’s and women’s track and field teams wrapped-up their indoor seasons on Sunday afternoon in the second and final day of the 2018 Missouri Valley Conference Championships in Cedar Falls, Iowa.

At the championships, the Aces’ women’s team recorded one point, finishing in ninth-place of the 10-team field, while Evansville’s men’s team came in ninth.

The Aces’ women scored the first team points in an MVC Championship in program history in the women’s 4×400 meter relay. Freshmen Lizzy Walston and Lauren Meyer, junior Sienna Crews, and senior JBess Ruby led the Aces to an eighth-place finish in the nine-team field, breaking the program record by nearly 10 seconds in the process, earning a point for the Aces.

 


Following up a strong effort by the Aces’ women in the 4×400 meter relay, Evansville’s men also had success in the relay. The relay team of freshmen Stanley Chepchieng, Ethan Price, Ricky Hendrix, and Ian Alberts earned a ninth-place finish narrowly missing the program record set in 1983 by just seven one-thousandths of a second with a time of 3:34.42. The Aces’ time of 3:34.42 was less than 20 seconds out of third place.

In the women’s shot put, freshman Brittany Corley was the lone Aces to compete, finishing in 19th with a throw of 8.72 meters. On the men’s side, junior Ryan Freeman led the way for Evansville with a 16th-place finish with a throw of 12.72 meters, besting his own program record. Following Freeman was sophomore Chris Zapata with a throw of 11.62 meters, finishing in 17th.

Illinois State swept both the men’s and women’s MVC indoor track and field championships with Indiana State’s men’s and women’s teams both finishing second and UNI’s men and Southern Illinois’ women coming in second.

Both men’s and women’s track and field teams now shift their focus to the upcoming start of the outdoor season. The Aces open up their first outdoor track and field campaign in 33 seasons when they travel to Indianapolis to compete in the Stan Lyons Invitational on March 17 hosted by Butler.

Week After Argument, Justices Uphold Denial Of Continuance, Sentence

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Olivia Covington for www.theindianalewyer.com

A Floyd County man convicted of attempted residential entry and resisting law enforcement lost the appeal of his sentence and the denial of his motion for a continuance. The Indiana Supreme Court upheld the trial court’s ruling only one week after hearing oral arguments in the case.

After fleeing police on foot and attempting to enter a stranger’s home without permission, Jacob Robinson was convicted pursuant to two plea agreements to attempted residential entry and resisting law enforcement, as Class D and Level 6 felonies, respectively, and he admitted to being a habitual substance offender. The Floyd Circuit Court scheduled Robinson’s case for a sentencing hearing and instructed him to meet with the probation department for a presentence investigation report, but Robinson missed two scheduled appointments.

Robinson then failed to appear at his sentencing hearing, with his attorney — who arrived at the hearing late — informing the court that Robinson had texted him and asked for the hearing to be moved so he could “get his ducks in line” for an upcoming real estate closing. The trial judge denied that request due to his belief that Robinson wasn’t taking the matter seriously, but he withheld entering a sentence on the habitual substance offender enhancement until Robinson appeared in court pursuant to a bench warrant.

After he was arrested and sentenced, Robinson appealed and challenged the denial of his motion for a continuance and his three-year sentence for his conviction of attempted residential entry. But the Indiana Court of Appeals chose to address neither of those issues and instead reversed after finding sua sponte that it was illegal for Robinson to receive a habitual substance offender enhancement on a non-substance conviction.

Robinson returned to the question of whether his continuance should have been granted during oral arguments before the Indiana Supreme Court last week, while the state maintained that offenders cannot challenge their plea agreements when they received a benefit, as Robinson did, even if the sentence is erroneous. The state also alleged Robinson’s appeal was not timely filed.Writing succinctly in a six-page per curiam opinion in Jacob O. Robinson v. State of Indiana, 18S-CR-33, on Friday, the Indiana Supreme Court affirmed the trial court’s original ruling, finding first that the denial of a continuance was not an abuse of discretion.

“Robinson sought a last-minute continuance on grounds he had a real estate closing within the next few days and desired to ‘get his ducks in line,’” the court wrote. “He also failed to attend two appointments with the probation department.”

Then, turning to Robinson’s sentencing challenge, the justices determined his three-year sentence — the maximum for his Class D felony conviction — was not inappropriate under Appellate Rule 7(B) and, thus, did not warrant appellate revision.

HOT JOBS IN EVANSVILLE

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Advent Veterinary Services – Evansville, IN
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Required license or certification:. No calls, please. This position is responsible for leading programming three days a week, engaging students in a variety of…
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VALUE CITY FURNITURE 636 reviews – Evansville, IN
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Develop a strong relationship with the local community. This is a fantastic opportunity for a dynamic, front facing, energetic leader to run a vibrant…
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A valid driver’s license. Selected individuals are responsible for driving the trucks around the lot and loading and unloading the uniform garments and/or…
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Must have valid driver’s license with no more than two moving violations and/or at-fault accidents on driving record in the past three years….
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Must have and maintain a valid Driver’s License in the state of residence. Develop, implement and monitor marketing strategy to maximize resident retention and…
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Valid Driver’s License and no major traffic violations within the past 3 years. Current Driver’s License and acceptable driver criteria….
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Possess a valid Class A Commercial Driver License (CDL) with Double/Triple, Tanker and Hazardous Material endorsements….
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No calls, please. This position is responsible for leading programming three days a week, engaging students in a variety of enrichment activities, providing…

Otters Sign Three From California Winter League

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The Evansville Otters have signed infielder Adrian Guzman, right-handed pitcher Trevor Patterson and catcher Dillon Kelley out of the California Winter League.

Guzman was a starter at shortstop for three seasons at Cal State Dominguez Hills. He hit .243 in 173 games and was honorable mention as a senior in the California Collegiate Athletic Conference.

Playing for Otters bench coach Boots Day in the CWL with the Manitoba North Stars, Guzman scored seven runs and had nine RBIs in 19 games.

Patterson attended Minnesota State-Mankato and played for the Waterloo Bucks in the Northwoods League in 2016, where he went 2-0 with a 3.24 ERA in 17 games.

He pitched for Day in California, finishing with a 4.59 ERA in 10.2 innings. He struck out 17 batters and issued only six walks in nine CWL games.

Kelley is a product of Chico State after playing previously for the College of the Sequoias. In two seasons at Chico State, Kelley batted .344 and hit 14 home runs.

Playing for the Orange County Riptide in the California Collegiate League in 2016, Kelly hit .376 while accumulating six home runs and 33 RBIs.

Kyano Cummings, Lance Montano and Kenny Frosch are former CWL players who made Evansville’s Opening Night roster over the last two seasons.

The California Winter League is the official winter league of the Frontier League. 18 CWL players have signed with Major League Baseball organizations and this season, 64 players signed professional contracts—including 32 with Frontier League teams.