HomeMy WebLinkAbout08-23-10 Common Council Meeting Minutes
REGULAR MEETING AUGUST 23, 2010
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, August 23, 2010 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:
Kathleen Cekanski-Farrand Council Attorney
John Voorde City Clerk
Janice I. Talboom Deputy City Clerk
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 August 9, 2010 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 White made a motion that the minutes of the August 9, 2010 meeting of
the Council be accepted and placed on file. Councilmember Rouse seconded the motion
which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
There was no Special Business to come before the Council at this time.
REPORTS FROM CITY OFFICES
CHIEF DARRYL BOYKINS – POLICE DEPARTMENT
Chief Boykins reported on the Tennis and Boxing Programs. He stated that in 1994 the
Tennis Program was started at Washington High School (WHS.) He stated that the
tennis program has blossomed from 9 kids and a couple of tennis rackets to over 150
kids, 7 instructors and 80 rackets. He stated that this year the WHS Football Team
helped out. He stated that they have applied and received mini-grants in the amount of
$7,000.00. Chief Boykins stated that in 2007 he started the boxing program. He stated
that the program offers kids the opportunity to learn the art of boxing with twice-a-week
workouts held in the gymnasium at Grace Community Baptist Church on the city’s near
northwest side. He stated that there are pluses to both programs with important lessons
learned about sportsmanship, discipline and respect. Chief Boykins stated that this year
they have started a study program for Math only. He stated that with another mini-grant
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REGULAR MEETING AUGUST 23, 2010
they are able to partner with students from Notre Dame to mentor for half-hour session
for Math studies. He noted that they have received from the USTA donations in the
amount of $25,000.00 from sponsors such as Nike, Walmart, and Stanz. Chief Boykins
stated that he would like to see a pavilion constructed at WHS for the kids to get out of
the sun when the weather is really just too hot to be out in for any length of time. He
reiterated that these programs are just two days a week and would like to try an add one
(1) more day. He thanked the Council for this opportunity to keep them informed on
these programs.
Councilmember’s Varner, Kirsits, Puzzello, Oliver Davis, and Henry Davis, offered their
comments and thanked Chief Boykins for his commitment to the youth of South Bend.
PUBLIC HEARINGS
There were no Public Hearings to come before the Council at this time.
RESOLUTIONS
BILL NO. 10-39 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 902 N. ST.
PETER STREET AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A (5)
FIVE-YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR PATRICK PERRELLA
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as
Residentially Distressed Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
902 N. St. Peter Street, South Bend, Indiana, and which is more particularly described as
follows:
That part of the Northeast Quarter of Section 1, Township 37 North,
Range 2 East, Portage Township, City of South Bend, St. Joseph County,
Indiana which is described as:
Lot #130A of the Plat of “Sorin’s Second Addition Fifth Replat”
Subdivision recorded by Document No. 0809811 in the Records of the St.
Joseph County, Indiana Recorder’s Office.
Containing 0.38 acres more or less. Subject to all legal highways,
easements & restrictions of record.
,
and this property has Tax Key Number 18-5107-3786be 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, 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 a residentially
distressed area have been met.
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REGULAR MEETING AUGUST 23, 2010
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 confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area for the purposes
of tax abatement. Such designation is for Real property tax abatement only and is limited
to five (5) calendar years from the date of adoption of the Declaratory Resolution by the
Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) 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 6-1.1-12.1 et seq.
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REGULAR MEETING AUGUST 23, 2010
SECTION VI. 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
Mr. Patrick Perrella, 50660 Woodbury Way, Granger, Indiana, made the presentation for
this bill.
Mr. Perrella advised that he intends to construct an approximate 3,350 square foot, two
story, single-family home as his primary residence. He stated that the home will have
four bedrooms, four baths, two half baths, a front porch, a finished basement and a two-
car garage. He stated that the approximate cost of the home is $630,000. Mr. Perrella
stated that over the five year abatement the amount taxes that will be paid are
approximately $33,500.00.
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 White 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 eight (8) ayes and one (1) nay
(Councilmember Henry Davis.)
BILLS – FIRST READING
BILL NO. 48-10 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS DESCRIBED AS
THE FIRST NORTH-SOUTH ALLEY WEST OF
MAIN STREET AND SOUTH OF COLFAX
AVENUE. THE PORTION TO BE VACATED
BEGINS AT THE SOUTHWEST CORNER OF
LOT NUMBER 236 IN THE ORIGINAL PLAT
OF THE CITY OF SOUTH BEND NOT THE
NORTH 131 FEET, TO THE WEST 10 FEET, TO
THE SOUTH 131 FEET AND RETURNS TO THE
EAST 10 FEET TO THE POINT OF BEGINNING
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Public Works and Property Vacation Committee and set it for Public Hearing and Third
Reading on September 13, 2010. Councilmember Oliver Davis seconded the motion
which carried by a voice vote of nine (9) ayes.
BILL NO. 49-10 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE ANNUAL
SALARIES FOR THE COUNCIL MEMBERS
FOR CALENDAR YEAR 2011
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
September 13, 2010. Councilmember Oliver Davis seconded the motion which carried
by a voice vote of nine (9) ayes.
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REGULAR MEETING AUGUST 23, 2010
BILL NO. 50-10 FIRST READING 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 2011
This bill had first reading. Councilmember Henry Davis made a motion to refer this bill
to the Personnel and Finance Committee and set it for Public Hearing and Third Reading
on September 13, 2010. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 51-10 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE MAYOR FOR CALENDAR
YEAR 2011
This bill had first reading. Councilmember Henry Davis made a motion to refer this bill
to the Personnel and Finance Committee and set it for Public Hearing and Third Reading
on September 13, 2010. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 52-10 FIRST READING 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, 2011
This bill had first reading. Councilmember Henry Davis made a motion to accept the
substitute version of this bill. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes. Additionally, Councilmember Henry Davis
made a motion to refer this bill to the Personnel and Finance Committee and set it for
rd
Public Hearing on September 27, 2010 and 3 Reading on October 11, 2010.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine
(9) ayes.
BILL NO. 53-10 FIRST READING 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, 2011, AND ENDING
DECEMBER 31, 2011, INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS,
AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing on September 27,
rd
2010 and 3 Reading on October 11, 2010. Councilmember Varner seconded the motion
which carried by a voice vote of nine (9) ayes.
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REGULAR MEETING AUGUST 23, 2010
BILL NO. 54-10 FIRST READING 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,
2011 AND ENDING DECEMBER 31, 2011,
INCLUDING ALL OUTSTANDING CLAIMS
AND OBLIGATIONS, AND FIXING A TIME
WHEN THE SAME SHALL TAKE EFFECT
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Personnel and Finance Committee and set it for Public Hearing on September 27, 2010
rd
and 3 Reading on October 11, 2010. Councilmember LaFountain seconded the motion
which carried by a voice vote of nine (9) ayes.
UNFINISHED BUSINESS
REPORT FROM AREA BOARD OF ZONING APPEALS
BILL NO. 10-40 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 3700 S. GERTRUDE
ST.
Councilmember Oliver Davis made a motion to refer this bill to the Zoning and
rd
Annexation Committee and set it for Public Hearing and 3 Reading on September 13,
2010. Councilmember Henry Davis seconded the motion which carried by a voice vote
of nine (9) ayes.
REPORT FROM AREA PLAN COMMISSION
BILL NO. 45-10 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
REPEALING AND REPLACING CHAPTER 21,
ZONING, ARTICLE 12, FLOODPLAIN
REGULATIONS IN ORDER TO ADOPT THE
MOST RECENT FEDERAL AND STATE
REQUIREMENTS
Councilmember Oliver Davis made a motion to refer this bill to the Zoning and
rd
Annexation Committee and set it for Public Hearing and 3 Reading on September 13,
2010. Councilmember Henry Davis seconded the motion which carried by a voice vote
of nine (9) ayes.
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REGULAR MEETING AUGUST 23, 2010
NEW BUSINESS
Councilmember Varner, Chairperson, Information and Technology Committee
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announced that he would be calling a meeting of that committee for either September 13
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or September 27 to discuss the concerns with “breaking in the new video system”
relative to starting and stopping the recordings so that all Council meetings are properly
recorded.
Councilmember Oliver Davis thanked Gary Gilot, Director of Public Works and the
Street Department for the paving of Falcon Street. He stated that it was done in a timely
manner with minimal disruption to the residents of the area.
PRIVILEGE OF THE FLOOR
COMMENTS REGARDING BILL 30-10
Raul Jara, 317 Napoleon, South Bend, Indiana, spoke regarding proposed Bill No. 30-10
Amending Various Sections of Chapter 2, Article 9 of the South Bend Municipal Code
addressing the Human Rights Ordinance by the inclusion of new provisions for
employment fairness. He thanked the Council for hearing both sides of the bill and those
that supported continuing the bill. He stated that discussion were held in a very
respectful manner, however wounds were open by some comments made. Mr. Jara urged
the Council to further explain themselves on their decision in voting on this bill and
hoped that some of those wounds could be healed.
Amber Pardu, 2815 Erskine, South Bend, Indiana, stated that she is speaking in support
of Bill No. 30-10. First as a Christian she is in favor of any bill that bans discrimination.
She noted that she is a registered voter who has been voting since she was eighteen years
old. She stated that she is speaking tonight regarding what happened to her at her
previous place of employment. She stated that she used to work for a company in South
Bend who had branches in several other states. They only hired permanent workers after
hiring temporary workers for a period of 90 days. She stated that she thought it was odd
that someone hired in after her was hired in permanently before she was. She stated that
someone else who was hired two months after her and was not receiving a very good
review let it slip that they were preparing her paperwork to be hired in full time. It was
then that she started asking questions. She stated that she was told that it was common
knowledge within the company that the HR Manager that had a real problem with gay
people particularly lesbians. She stated that he was known for harassment and for
encouraging situations that could get slightly out of hand so that someone would be
encouraged to quit. Finally after 5 months they started her paperwork and immediately
after they had a corporate wide hiring freeze. During this time there were two more gay
females employees who were hired as temporary agents that were gone one day when the
rest came into work and no one new why not even their supervisors. And the only time
that this happened was to gay female employees. When the hiring freeze was lifted
according to her supervisor she was to be in the first group hired in. But there was only
one single solitary person hired in and when she questioned why she was told that this
was a special case and the freeze was still in place. She stated that the company had
decided to send her to Chicago for some advanced training on some new products that
they were going to get. She stated that she felt good that the company trusted her enough
to stay with the company to send for a months worth of additional training and she
questioned whether or not this was going to hold up the people in her hiring group
because they had finally started the final paperwork. She stated that she was told no that
it would not hold up her paperwork and if it would they would bring her back. Well low
and behold when she came back her paperwork was weeks behind everyone else’s in her
group and that people in her group were already hired in. She stated that this continued
for quite some time and the biggest single thing that came from this is that all the
employees came to her to tell her to get a lawyer because this is wrong and illegal and
were shocked to learn that it wasn’t.
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REGULAR MEETING AUGUST 23, 2010
Catherine Pittman, 2628 Summit Ridge Drive, South Bend, Indiana, stated that she is
here tonight to talk about the continuance of Bill No. 30-10. She stated that after
watching the Council tonight she realized that the Council is very skilled in scheduling
the bills before the Council for public hearing and third reading. She asked if the Council
could make an effort to schedule Bill No. 30-10 for a vote. Ms. Pittman stated that she
realized that the Council has a lot on their plates for the remainder of August and
September. She asked if someone could contact her so she could pass it on to other
people because many people in the community want to know when it is going to come up
for a vote. She stated that is all that is left is the vote on this bill and encouraged the
Council to schedule Bill 30-10 for a vote.
NDTH
COMMENTS REGARDING 2 & 6 DISTRICTS
Gayle Brodie, 114 S. Lake, South Bend, Indiana, President LaSalle Park Neighborhood
Association, which includes the Oliver Gateway and the Westside and have joined
together to form the Southwest Side Alliance. She stated that through Weed & Seed
efforts they all discovered that there were fighting the same battles and decided to unite.
ndth
She stated that this area covers the 2 and 6 District’s of the City and they feel that their
voices are not being heard. She appealed to the Council to take a serious look at this area
and to work with the neighborhoods to improve living conditions, visual surrounding and
do what ever is necessary to encourage businesses to come to the area. She stated that
she has lived in her home for 53 years and has seen the good, the bad and the ugly. She
stated that she retired with her home paid for and planned to spend the rest of her life
there. She stated that now if she could pick up her home and move to another city she
would. Her property value has decreased because of the surroundings so selling is not an
option. She stated that there are no conveniences for those that have worked hard and
contributed to the tax base. East side residents have the convenience of shopping on
Grape Road. North side residents have the convenience of shopping on Portage and
Cleveland Roads and those on the South Side of town have Ireland Road, those living
west of Chapin Street have nothing. She stated that they do however have their more
than their share of public and low income housing. She stated that problems with small
businesses on Western Avenue along with the numerous car repair and dealerships. She
stated that they also have more drug dealings because of the aforementioned businesses
and at no fault of theirs. Police patrols are few and far between. Contrary to what other
residents think they are not all thieves, drug addicts and law breakers. Ms. Brodie stated
that they are strong residents who are law abiding citizens, who own their homes and
contribute positively to society. Any time that a crime is committed on the west side the
South Bend Tribune and newscasters make sure to report that it happened on the “West
Side” , any time a crime is on the other side of town, if you don’t know the street then
you don’t know where it occurred. She stated that they have met with the Mayor and all
departments heads individually and together and get more excuses than solutions. She
stated that she picked up the paper and read all the commitments that the City has given
to Eddy Street Commons and it literally makes her ill to see the extravagant surroundings
in other parts of the city and the southwest side doesn’t even have a dry cleaner. She
stated that they feel the city has deserted the southwest side.
COMMENTS REGARDING KENNEDY PARK CSO PROJECT
Vera Smith, 2715 Bonds Avenue, South Bend, Indiana, stated that she is speaking about
the Kennedy Park CSO Project. Ms. Smith noted that she did receive get their
information this week regarding the plans for the sidewalks. She stated that she spoke
with Gary Gilot who was sitting in the audience tonight and he was able to shed some
light on those plans. However she still has some concerns regarding Kennedy Park and
would like to discuss this issue tonight. She stated that there has been so much planting
and replanting of grass and unnecessary money being spent on this because cars cannot
get through and are having to drive up onto the grass to get around. She stated that there
have been several home burglaries since this project began in the area and that the police
had a difficult time getting through with the construction and the redesign of the streets in
the area. She stated that she would like to see the City Council come out and walk that
area between Eclipse and Bonds and see the concerns that are still unanswered. Ms.
Smith stated that they feel just like their counterparts on the Westside and are being
neglected and ignored on the northwest side.
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REGULAR MEETING AUGUST 23, 2010
COMMENTS REGARDING LASALLE SQUARE AND ENFORCEMENT OF LAWN
PARKING
Joe Radecki, 2706 Bonds Avenue, South Bend, Indiana, member, LWW Gateway
Association, stated that he feels neglected just like their counterparts on the Westside of
the city. They have been told now for a couple of years that they will be developing the
LaSalle Square area and nothing has been done. They tore down the car wash to put up a
medical facility and that’s all that has been done. Money has been distributed throughout
the city from the Airport TIF District and nothing has been done. He stated that he sat
through the roundtable discussions to talk about what kind of development should be
being built and nothing has been done. He feels like they have been dumped on and lied
to. Mr. Radecki also stated that the ordinance that was passed about vehicles parking in
the grass and on the front lawn has been neglected too. He stated that he has been before
the Council urging them to enforce this ordinance. He stated that he was told that the
Department of Code Enforcement was going to be the officials who would write the
tickets in violation of this ordinance and nothing is being enforced. The police also said
that they would enforce it when Code Enforcement wasn’t working on weekends. He
stated that he was told that when they write the tickets they appeal them and the legal
department voids them. He stated that the city is losing so much money by not enforcing
this ordinance. Mr. Radecki reiterated that there are so many drug dealings going on in
his neighborhood it is ridiculous. He urged the Council to enforce the ordinances that
they pass.
ADJOURNMENT
There being no further business to come before the Council, President Dieter adjourned
the meeting at 7:37 p.m.
ATTEST: ATTEST:
___________________________ __________________________
John Voorde, City Clerk Derek D. Dieter, President
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