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HomeMy WebLinkAbout09-28-09 Common Council Minutes REGULAR MEETING SEPTEMBER 28, 2009 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, September 28, 2009 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the September 14, 2009 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the September 14, 2009 meetings of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Dieter stated that there will be a Special Meeting of the South Bend common Council on Wednesday, September 30, 2009 at 5:00 p.m. in the Council th Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. The sole purpose of this Special Council Meeting is to have Public Hearing and Second and third Readings on Bill No. 70-09 which would fix the annual pay and monetary fringe benefits of South Bend Police Officers for calendar year 2010. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:01 p.m. Councilmember Rouse made a motion to resolve into the Committee of the Whole. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. 1 REGULAR MEETING SEPTEMBER 28, 2009 Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 60-09 61-09 AND 62-09 COUNCIL PORTION ONLY BILL NO. 60-09 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 BILL NO. 61-09 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 62-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember LaFountain made a motion to combine Bill Nos., 60-09; 61-09 and 62- 09. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember LaFoutain, Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send these bills to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand read into the record that Bill No. 61-09 should be amended in Section II, by removing Professional Sports Development Fund. Councilmember Henry Davis made a motion to amend this bill as stated by Council Attorney Kathleen Cekanski-Farrand. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner stated that despite the fact that the general budget was reduced from 68 million to 61.9 million there is still a lot of work that needs to be done on finding new revenue streams and increasing the tax base. He advised that the 2010 budget is the best that it possibly can be for the time. 2 REGULAR MEETING SEPTEMBER 28, 2009 Councilmember Dieter made a motion to send Bill No. 60-09 to the full Council with a favorable recommendation as substituted. Councilmember LaFoutain seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter made a motion to send Bill No. 61-09 to full Council with a favorable recommendation as amended. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter made a motion to send Bill No. 62-09 to full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 63-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9822-08 CONCERNING TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2010 Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that this bill amends Ordinance No. 9822-08 that concerns the Teamster employees. The bill deletes the flexible spending account, by adding retirement incentives, and by defining full and part time employees. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 64-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2010 Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Mayor Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill fixes the maximum salaries and wages of appointed officers and non-bargaining employees of the City of South Bend, Indiana for the calendar year 2010. This bill includes wage rates as well as an explanation of benefits provided to the designated employees. The bill eliminates the flexible spending account benefit that City employees have enjoyed for many years. It also eliminates performance incentive pay and adds an additional early retirement incentive under Section II (h) 3 REGULAR MEETING SEPTEMBER 28, 2009 consisting of discretionary purchase of PERF benefits for a retiring employee. Mayor Luecke advised that the revised attachment consists in the addition of a new position: Director of Energy Conservation. He noted the 2010 salary for this position is $68,016.00. This new position does not affect in any way the 2010 General Fund budget because the position will be funded entirely from an Energy Efficiency & Conservation Block Grant for calendar years 2010 and 2011. Thereafter, from 2012 forward, the position will be funded by the energy consumption savings achieved from the work and programs of the Director of Energy Conservation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2010 BILL NO. 66-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2010 Councilmember Oliver Davis made a motion to combine these bills for the purpose of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send these bills to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Mayor Luecke advised that Bill No. 65-09 is the 2010 Mayor’s salary and is prescribed under Indiana Law, I.C. 36-4-7-2(c), and that the Mayor’s salary may not be reduced from the prior year amount. He noted that this bill maintains the Mayor’s salary at the 2008 rate. He further advised that Bill No. 66-09 sets the 2010 salary for the City Clerk. This bill is also prescribed by State Law and the salary requested represents no increase from last year. Mayor Luecke also noted that he is giving back 5% of his salary. Councilmember Henry Davis asked how that 5% is tracked. Mayor Luecke stated through payroll deduction. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill. 4 REGULAR MEETING SEPTEMBER 28, 2009 Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 65-09. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion for favorable recommendation to full Council concerning Bill No. 66-09. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL FOR CALENDAR YEAR 2010 Councilmember Dieter disclosed that he is a member of the South Bend Police Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Councilmember Kirsits disclosed that he is a member of the South Bend Fire Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send these bills to the full Council with a favorable recommendation. Council President Dieter stated that the bill would freeze salaries for members of the South Bend Common Council at the 2007 salary amounts. He stated that as the community is facing many fiscal challenges they will continue to work together with the City Administration to continue to provide the best possible city services to the residents and businesses. He stated that he believes this action is not only necessary, but appropriate under the circumstances. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 Councilmember Kirsits disclosed that he is a member of the South Bend Fire Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send these bills to the full Council with a favorable recommendation. Kathleen Cekanski-Farrand, Council’s Agent and Spokesperson City Advisory Negotiating Team advised that this bill is the result of many negotiating sessions between the City Advisory Negotiating Team and the Negotiating Team representing the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO. She stated that the tentative agreement reached includes a one (1) 5 REGULAR MEETING SEPTEMBER 28, 2009 year agreement, for calendar year 2010 only; freezes all salary amount at 2009 levels, except those involved in rank restructuring; freezes all other monetary fringe benefits at 2008 levels which were continued at such levels in 2009; eliminates the individual flexible spending account program whereby each firefighter had $500 contributed to an st account if the Firefighter had been employed by the department as of October 1 of the previous year; establishes new salary classifications: Third Class Firefighter (former Firefighter) and Second Class Firefighter thereby establishing the structure needed for a two-phase rank restructuring program to take place in 2010 and 2011; increases the First Class Firefighter maximum salary to $47,150 which reflects the first phase of the rank re- structuring with the rank of Engineer anticipated to be eliminated in 2011; and revamps the Station Allowance program from the current system whereby there is an allotment of $50.00 per sworn firefighter per station which is sued for needed fire station purchases to a more equitable system or realigning the budgeted amount to address the concerns of the smaller and older fire stations. She advised that both negotiating teams have agreed to th return to the bargaining table on October 8 to finalize the remaining language items. She stated that significant progress has been made on the remaining items under discussion and consideration, and are most hopeful that a new Collective Bargaining Agreement will be entered into and approved later by the Board of Public Safety. She stated that both negotiating teams were focused on their primary issues, and both teams were very cognizant of the significant fiscal restraints. She asked the Council for their favorable consideration. Councilmember Henry Davis, Jr., advised that he was a part of the City Advisory Negotiating Team and is a member of the Common Council’s Health and Public Safety Committee. He thanked the members of the City’s Advisory Negotiating Team and the Fire Negotiating Team for their commitment to working together and resulting in a one (1) year agreement. He noted that everyone involved were focused on the issues at hand and were very aware of the major financial constraints that are facing the city. Councilmember Puzzello, stated that she was a member of the City Advisory Negotiating Team and is a member of the Common Council’s Health and Public Safety Committee. She thanked the Fire Negotiating Team and the City’s Negotiating team for working together to reach this agreement. She reiterated that both sides were fully aware of the financial challenges before them and managed to reach the tentative agreement. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Todd Skwarcan, IAFF Local 362 Vice-President, IAFF, member of the South Bend Fire Department, spoke in favor of this bill. Mr. Skwarcan spoke regarding the rank restructuring and advised that there is currently no one in that rank at the present time. He stated that he is disappointed that a 2 year contract could not be reached, but is glad that this one year is in place and that it keeps staffing at current levels. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2010 6 REGULAR MEETING SEPTEMBER 28, 2009 Councilmember Dieter made a motion to continue this bill until the September 30, 2009, Special Meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL’S COMMUNITY RELATIONS COMMITTEE Councilmember Henry Davis, Jr., Chairperson, Community Relations Committee, reported that this committee met this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Henry Davis, Jr., made the presentation for this bill. He advised that as Chairperson of the Common Council’s Community Relations Committee he sponsored this bill to propose new language in the South Bend Municipal Code to create a mechanism for better public dialogue between members of the South Bend Common Council, the South Bend Community School Superintendent, School Trustees of the South Bend Community School Corporation and their committees and or representatives as well as with other non-public school official operating schools within the City of South Bend. He stated that this bill would provide opportunities for semi-annual public meetings and provide brainstorming among public officials representing their respective governmental, public and private educators and the public, and would be a positive step forward for the City of South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember White advised that she is in full support of this bill. She stated that as a former School Board member this bill allows the promotion of open dialogue, which could result in more innovative and collaborative policies aimed at positively working to bridge the perceived disconnect between the public school system and local government. Councilmember Puzzello stated that as a former School Teacher in the South Bend Community School Corporation she is in favor of partnering with all entities to create connections between them. She stated that by creating those connections between cities and schools, it helps foster a collaborative environment for public schools, local government, community leaders and neighborhood organizations and residents to help achieve goals in which promote quality educational practices. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND 7 REGULAR MEETING SEPTEMBER 28, 2009 Councilmember Dieter made a motion to continue this bill until the October 26, 2009 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 75-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDING $1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) AND $300,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this bill would allow for the appropriations of capital nature from the Local Road and Street Fund (#251) and the Motor Vehicle Highway Fund (#202). He noted a Federal Match for Miami Street Improvements from Jackson to Kern is $958,000 requested from LRSA. This project has been in the Transportation Improvement Plan for several years moving through the necessary steps to be ready for letting. He noted that they have invested locally in the design and right of way acquisition. Legal and CED help to avoid nearly $250,000 in consultant land acquisition fees. He stated that our Engineering Department estimates the construction costs at $4,788,000 and our match at $958,000 so that leveraged the local funds quite a lot. Mr. Gilot noted that the Ewing design was started some time ago. He stated that they depleted resources and have not gone beyond preliminary conceptual design. He stated that they are requesting $80,000 from LRSA to get going again on this multi-phase multi-year project to reconstruct Ewing from Main to Prairie using federal funds for 80% of the project. Mr. Gilot stated that the completion of McKinley/Ironwood will require $227,000 from LRSA. We had a $2 million jurisdiction transfer grant that covered most of the project. He stated that they did a local context sensitive design approach that was much less expensive than the state highway $3.5 million dollar solution and much more accepted by the neighborhood design committee who wanted the safety improvements done with consideration for the residential character of the area. It was a successful project and in need of resources to close out soon. He stated that concrete pavement repairs of $300,000 from MHV include resurfacing of Ironwood Drive from south of Ireland Road to north of Ireland Drive and will include the concrete surface east and west of Ironwood Drive on Ireland Road. He noted the repair of Michigan Street in the Downtown Plaza area from Washington Street to Jefferson Blvd. and thru to Wayne Street. Asphalt coverings to street segments where damage is beyond the level of spot concrete repairs covering the following locations: Klinger Street from St. Joseph Avenue to Michigan Street; Barbie Street from Fellows Street to Michigan Street; Addition Street from Chippewa Avenue to Jennings Street; Tasher Street from Jennings Avenue to Michigan Street; Scenic Drive from Ford Street to Mayflower Road; Mayfair Place from Clearview to Summit Place; Sunnyfield Place from Clearview Place to Ford Street. Mr. Gilot stated the total cost expenditure will be managed to remain within the $300,000 appropriation. He asked for the Council favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 8 REGULAR MEETING SEPTEMBER 28, 2009 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR SEWAGE WORKS BOND DEBT SERVICE RESERVE OBLIGATION, AND CLOSING FUND #650 Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this committee held a Public hearing on this bill this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. th Mr. Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this bill creates a new, separate Fund #653 to hold Sewage Works bond debt service reserve monies which are required under the sewage works bonds. The bill will codify the creation of this fund within a new Section of the South Bend Municipal Code. A separate fund was recommended to create clear accounting and tracking of these monies. He stated that this bill also allows for the transfer from various Sewage Works Funds in the total sum of $4,541,322 which is required to satisfy the City Sewage Works bond debt service reserve requirements through 2009 and part of 2010 pursuant to bond documents. The bill then appropriates the transferred monies for debt service reserve purposes. He stated that finally one of the funds from which monies are to be transferred for debt service reserve appropriation is Clay Sewage General Fund #650. This fund should be closed because it is no longer needed. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis stated that another fund needs to be added for incidental claims regarding sewage back-up in Residential Homes. Mr. Gilot stated that he would defer to Legal for the liability, this really is not in his area of engineering. He urged everyone to have a check valve in place. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 9 REGULAR MEETING SEPTEMBER 28, 2009 RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:42 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9955-09 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9956-09 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 10 REGULAR MEETING SEPTEMBER 28, 2009 This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember White made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9957-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9958-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9822-08 CONCERNING TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2010 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9959-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2010 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9960-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2010 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 11 REGULAR MEETING SEPTEMBER 28, 2009 ORDINANCE NO. 9961-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2010 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9962-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL FOR CALENDAR YEAR 2010 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9963-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL FOR CALENDAR YEAR 2010 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9964-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL’S COMMUNITY RELATIONS COMMITTEE This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9965-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDING $1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) AND $300,000 FROM THE MOTOR VEHICLE HIGHWAY FUND This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 12 REGULAR MEETING SEPTEMBER 28, 2009 ORDINANCE NO. 9966-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR SEWAGE WORKS BOND DEBT SERVICE RESERVE OBLIGATION, AND CLOSING FUND #650 This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. Councilmember Rouse called for uneasiness’ in concern of Councilmember Henry Davis’ concern that the administration will look into basement back-ups. Mr. Gilot noted that this is addressed in Phase I the first ten (10) years of the Combined Sewer Overflow (CSO) Plan. He stated that events can occur that lead to basement back- ups. Again, he reiterated that everyone should have a check value in place. He stated that events can happen just as they did in Atlanta. RESOLUTIONS BILL NO. 09-61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA Councilmember Varner made a motion to strike this bill from consideration. Councilmember White seconded the motion which carried by a voice vote nine (9) ayes. RESOLUTION NO. 3990-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4701 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Schafer Gear Works, Inc., South Bend, Indiana, and which is more particularly described as follows: 13 REGULAR MEETING SEPTEMBER 28, 2009 A part of the Southeast Quarter (SE ¼) of Section 20 and part of the Southwest Quarter (SW ¼) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots numbered (10) ten and (11) eleven as shown on the recorded plat of the H.G. Baus Centre – Phase One, recorded March 16, 1995, as document number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. and which has Tax Key Number 18-3042-1621, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Stanley Blenke, Executive Vice- President, Schafer Gear Works, Inc., 4701 Nimtz Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Blenke advised that Schafer Gear Works manufactures gears and machined components to customer specifications. The company has received a new business from three customers that require the purchase of new equipment. The equipment consists of three CNC lathes, one CNC hobbing machine, one CNC gear grinding machine, one CNC machining center, two deburring machines and one internal gear grinding attachment. It is estimated that the project will create eight (8) new, permanent full-time positions with an annual payroll of $249,600. The project will also maintain sixty –seven (67) existing permanent full-time positions with a total annual payroll of $2,852,281. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember LaFountain seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING SEPTEMBER 28, 2009 BILL NO. 09-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE A ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC Councilmember Varner made a motion to continue this bill until the October 12, 2009 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION 3991-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS A VACANT LOT BETWEEN 1016 AND 1032 WEST WASHINGTON STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION, INCORPORATED WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as the vacant lot between 1016 and 1032 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land 120.78 feet, East and West, by 144.64 feet, North and South, located in the Northwest corner of Bank Out Lot Numbered Eighty-nine (89) on the second Plat of Out Lots to the Town, now City of South Bend, platted by the State Bank of Indiana. (In the process of being replatted into two equal lots – Lots #1 and #2 of Washington Street Minor Subdivision.) , and this property has Tax Key Number 18-3068-2608be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 15 REGULAR MEETING SEPTEMBER 28, 2009 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. 16 REGULAR MEETING SEPTEMBER 28, 2009 SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Phil Byrd, Executive Director, South Bend Heritage, 803 Lincolnway West, South Bend, Indiana, along with Dea Andrews, South Bend Heritage, made the presentation for this bill. Mr. Byrd advised that South Bend Heritage Foundation, Inc. intends to construct two new single-family homes on the vacant lot they currently own on West Washington Street. The lot is being replatted to permit the construction of the two homes. The homes will each have two stories totaling approximately 1,700 square feet with three bedrooms. The average cost of the two homes will be approximately $180,000. The two homes are part of the first allocation of the Neighborhood Stimulus Program (NSP) funding. Several single-family homes will be built in targeted areas to serve homeowners with a household income of up to 120% of the Area Median Income using NSP funds. The sales prices of the two homes will be discounted in order to make them affordable to these potential customers. South Bend Heritage will be the developer of several of these houses. He noted that the homes will have basements not finished. Also the homes will be 5 star energy efficient, with a 92% efficient furnace and low e glass windows. Councilmember Henry Davis asked if they had builders in place. Mr. Byrd stated that Place Builders and Garden Homes will be used. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 17 REGULAR MEETING SEPTEMBER 28, 2009 BILLS – FIRST READING BILL NO. 77-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,148,607 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, AUGUST 19, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 12, 2009. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 78-09 FIRST READING ON A BILL SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06 WHICH AUTHORIZED THE ISSUANCE AND SALE OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT), ISSUED ON JANUARY 30, 2007 IN THE PRINCIPAL AMOUNT OF $8,105,000 (THE “BONDS”), APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, AN AMENDED AND RESTATED TRUST INDENTURE, AN AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS; AUTHORIZING THE DELIVERY OF A CONFIRMING LETTER OF CREDIT AND THE EXTENSION OF THE MATURITY DATE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 12, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) 18 REGULAR MEETING SEPTEMBER 28, 2009 BILL NO. 79-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PROVISIONS OF CHAPTER 14, ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING REGULATIONS FOR LIMITED PARKING WHERE A FEE IS CHARGED ON NON-RESIDENTIAL AREAS This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Residential Neighborhoods Committee and set it for Public Hearing and third Reading on October 12, 2009. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Puzzello advised that the Greenhouse and Conservatories under the guidance of the Botanical Society President Martha Lewis have been working diligently this past summer cleaning and preserving those historic buildings. She stated that she would like to revisit the issue of funding for those facilities. Councilmember LaFountain reiterated what Councilmember Puzzello said and asked Park Superintendent Phil St. Clair to see what funds are available and to work toward “green initiatives” with the University of Notre Dame. He encouraged seeking grants and funding for “green solutions.” Councilmember Henry Davis advised that he is concerned with the City’s policy on sewer back-ups. He stated that his direct concern was how residents are treated when they called after having a sewage back up that is clearly not their fault. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 9:08 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19