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HomeMy WebLinkAbout01-10-11 Common Council Meeting Minutes REGULAR MEETING JANUARY 10, 2011 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, January 10, 2011 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 1 st District, President Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Al "Buddy" Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole 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 November 30, 2010, Special Meeting; the December 13, 2010 Meeting and the January 2, 2011, Organizational 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 November 30, 2010, Special Meeting; the December 13, 2010 Meeting and the January 2, 2011, Organizational Meeting; 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 President Dieter advised that Dr. David Varner, Mr. Andrew Nemeth, and Mr. Greg Downes have been appointed to the Century Center Board of Managers. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, presiding. Councilmember Rouse explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 1 REGULAR MEETING JANUARY 10, 2011 PUBLIC HEARINGS BILL NO. 85-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276, 780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM Councilmember LaFountain, Chairperson, Personnel and Finance 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. Ms. Pamela Meyer, Director, Community Development, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presented for this bill. Ms. Meyer advised that this bill would appropriate $276,780 in renewal funding under the Shelter Plus Care Program (SPC) in three separate renewal grants. She noted that the City serves as a fiscal agent and recipient of funds for the eligible agency as determined by HUD, to be the recipient of the SPC dollars. The funding allocated provides support for sponsor based rental assistance for housing severely mentally ill clients. These grants historically have been awarded to Madison Center. Earlier this year an ordinance for a Madison Center appropriation was submitted and then pulled based on the changes occurring at Madison Center. Since the, Madison Center has relinquished their status as the Community Health Center for St. Joseph County, Indiana and, has submitted written notification to HUD they can no longer continue as the sponsoring agency for SPC. The new Community Health Center designation is with Oaklawn Psychiatric Center who has submitted written notification of their willingness to be the SPC grant sponsor. Correspondence with HUD indicated the submission of these letters is sufficient to do the transfer of sponsorship and funds. 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES Councilmember Dieter made a motion to continue this bill until the February 14, 2011, meeting of the council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson of the Community and Economic Development Committee advised that the Community and Economic Development Committee will meet on Monday, January 17, 2011 at 10::30 a.m. in the Council Informal Meeting Room, 4th Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, to discuss Bill No. 86-10. 2 REGULAR MEETING JANUARY 10, 2011 BILL NO. 87-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES Councilmember Oliver Davis made a motion to continue this bill until the February 28, 2011, meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 88-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO 10044-10, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011, TO APPROVE TEAMSTER EMPLOYEE WAGES FOR 2012 AND 2013 Councilmember LaFountain, Chairperson, Personnel and Finance 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. Gregg David Zientara, City Controller, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that Ordinance No. 10044-10 was passed by the south Bend Common Council in its second substitute version on September 30, 2010 during a time when labor wage negotiations were ongoing but not yet concluded between the City and its Teamster employee group. At time of passage of Ordinance No. 10044-10, City Administration had a contractual agreement proposal on the table with the Teamster Union that proposed a 0% wage rate increase in fiscal 2011, with subsequent 2% wage rate increases effective on January 1, 2012, and on January 1, 2013. As the contractual agreement proposal was not yet ratified by Teamster union membership, it was determined in joint agreement between Common Council and City Administration, that the appropriate Teamster wage ordinance proposed for Common Council passage on September 30, 2010, should exclude any reference to wage years beyond the 2011 0% wage increase. It was jointly concluded that, upon Teamster contract ratification of the 2% wage rate increases proposed for effect on January 1, 2012, and on January 1, 2013, that City Administration would file an amendment to Ordinance No. 10044-10, that would incorporate the Teamster contract ratified wage rates for these future periods. Mr. Zientara reiterated that this bill amends Ordinance No. 10044-10, effectively to include the Teamster wage rates for effect on January 1, 2012 and January 1, 2013 in accordance with Teamster contract ratified and binding between the City of South Bend and its Teamster Union 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING JANUARY 10, 2011 BILL NO. 89-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE REMOVAL OF SNOW AND ICE AND AMENDING SECTION 2-213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health and Public Safety Committee advised that this committee met jointly with the Community Relations Committee on this bill and sends it to the full Council with no recommendation. Councilmember Puzzello, Vice-Chairperson, Health and Public Safety Committee, Councilmember LaFountain, Chairperson, Personnel and Finance Committee and Councilmember Kirsits, Chairperson, Community/Campus Advisory Coalition made the presentation for this bill. Councilmember Puzzello stated that she has been concerned for quite some time now about children walking in the street to get to school. She noted in particular, when children are forced to walk down Eddy Street to get to Perley School when snow fall has covered the sidewalks making it impossible for them to walk. She stated that there has been an ordinance in the South Bend Municipal Code book requiring that snow be removed from the sidewalks within a 24 hour period, however, the ordinance does not have much enforceability and this is why we are here today. Councilmember Puzzello advised that they have received recommendation from the City Administration which would further strengthen and improve our proposed snow and ice removal regulations filed on November 7, 2010. She noted that in Sec. 18-7 strikes paragraph(b) regarding sand and/or salt and re-letters (c)to (b); Sec. 18-8 adds to the limited exceptions individuals who provide written verification of disability issued by the Social Security Administration or the State Medicaid Eligibility office; Sec. 18-12 changes Board of Public Works to Board of Public Safety adds that the ordinance citation shall be issued "to either the property owner or occupant"; Sec. 2-213 clarifies that the report is a statistical compilation with additional date being provided whenever possible by the Legal Department. Councilmember LaFountain reiterated that he also has concerns for the safety of students walking in his district as well. He stated that Adams High School is in his district and he has observed students walking in the streets to get to school because the sidewalks were not shoveled. He noted that as a parent he is greatly concerned for their safety as well. He stated that this bill would provide a tool as well as clarification and make sure that there is a provision which would allow those people who cannot get their sidewalks cleared because of age or some sort of disability an exemption and make sure that that exemption would be clear. He stated that this bill addresses a serious problem; it enhances the previous ordinance and provides more clarification for enforcement. He advised that through good public awareness campaigns which focus on the public safety concerns and the need to remove snow from public sidewalks, that pedestrian safety will be enhanced. Councilmember Kirsits advised that as Chairperson of the Community Campus Advisory Coalition it was brought up at several meetings that there were some complaints that the student rental homes were not in compliance with the current ordinance of clearing sidewalks within 24 hours after a snowfall. Councilmember Kirsits noted that the ordinance is designed to assist in the safe passage of pedestrians when using sidewalks located with the City of South Bend so that snow and ice would be removed in a routine 4 REGULAR MEETING JANUARY 10, 2011 and timely manner. He noted that there are provisions for limited exceptions to address potential hardship situations for individuals who have been issued a valid mobility handicapped parking permit by the Board of Public Works. In limited situations, the ordinance would enable the Board of Public Works to coordinate with the Community Campus Advisory Coalition (CCAC) for the development and implementation of a volunteer student program who may assist in removing snow and/or ice for such individuals experiencing a hardship and having such a permit. 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 Oliver Davis questioned when the 24 hour notices begins and how many inches of snow fall before citations are issued. Kathy Cekanski-Farrand advised that the 24 hour period begins after the cessation of the snow itself. So, when it has stopped both the individual property owner residential and commercial would have 24 hours to remove the snow so that the sidewalk is passable. Councilmember Puzzello advised it is hard to pass an ordinance that would name a specific number of inches of snowfall. But at least as a start and until they can get the bill in place and begin to work things out common sense might work pretty well. She noted that you can walk through two (2) inches of snow, so it's not a vital issue the number of inches and don't want to ticket people for snow that is not a problem but it six (6) inches of snow have fallen then it becomes a problem trying to walk. So she hoped that they could use common sense as to how much is too much. Councilmember Oliver Davis stated that the only reason that his is bringing up this issue if for consistency sake. He stated that this past weekend is a prime example because there was such a variation of snow fall between areas of the City. The Westside of South Bend received several more inches that the Eastside. Kathy Cekanski Farrand stated that Councilmember Oliver Davis' reasoning is the prime example of why the five communities that were outlined in the committee meeting this afternoon have done away with a specific amount of inch requirement because differences in amounts of snowfall that was received within the same city. For example this weekend the airport located on the northwest side of South Bend received so much more snowfall than other parts of the city. She noted that any amount of snowfall could create a hazard and in Boston, Massachusetts, Boulder Colorado, and Madison, Wisconsin all in particular have looked at this purely from a public safety aspect that whether it is an inch of snow or six inches of snow they are looking at it for safety purposes. She stated that as Councilmember Puzzello stated and as Catherine Toppel, Director of Code Enforcement will hopefully be stating in a few moments that it is a matter of priorities. She stated that the City already uses a priority system as far as those areas that are heavily trafficked areas or heavy pedestrian areas and those areas that are public buildings such as the County-City Building, as opposed to residential areas. She stated that if this bill goes forward tonight and is passed it will need to be published in it's entirety along with a series of public service announcements as well as what Councilmember Varner suggested that when the Mayor declares a snow emergency and snow routes are declared that a reminder would go out stating this ordinance and noting that snow must be removed from the sidewalk within 24 hours. She stated that she remembers back in the 1970's when the Council thought that an inch requirement should be put into the ordinance, that there were many residents in these Council Chambers bringing in their rulers and debates took place whether is was really a three inch snowfall or a six inch snowfall and whether blowing and drifting snow made a difference. So by learning from prior experience and that of other communities that it is much better to look at it from a public safety aspect rather than the number of inches of snowfall. Councilmember Dieter questioned whether the bill states how big of a path must be shoveled? 5 REGULAR MEETING JANUARY 10, 2011 Kathy Cekanski Farrand advised that it is the width of the sidewalk. She noted that again depending on which area of the city the widths of the sidewalks vary. She stated that the key is ingress and egress so that there is safety for the movement of the pedestrians. Councilmember Varner asked if the intent is free of snow or passage. Kathy Cekanski-Farrand stated that it is written so that the sidewalk is not obstructed for its use. It doesn't have to be clear to its base; it has to be clear and not obstructed. Councilmember Rouse stated that the street that Councilmember Puzzello mentioned in her presentation has no tree lawn. He stated that from experience it is hard to keep ahead of the street department and state highway department in keeping those sidewalks open when there is no tree lawn, because the snow gets plowed right back onto the sidewalk. He questioned whether there would be given any consideration for those areas like Eddy Street and South Bend Avenue that have no tree lawns. Councilmember Puzzello stated that she is very well aware that residents along Eddy Street and South Bend Avenue have a difficult time of keeping their sidewalks clear because they just don't have many options of where to put the snow. She stated that personally she would like to leave that up to the Director of the Street Department, Sam Hensley, to figure that out. Councilmember Dieter noted that in his District, Riverside Drive is a prime example of what is being mentioned here. This is one of the items that will have to be worked out and addressed once the bill is in place. Councilmember Oliver Davis reiterated his concern on whose responsibility is it when the resident has cleared the sidewalk and the plow truck comes along and plows the sidewalk shut. Kathy Cekanski-Farrand stated that issue is currently ongoing and asked Catherine Toppel, Director of Code Enforcement to address how it is currently be handled. Catherine Toppel, Director, Department of Code Enforcement, 13th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that the one thing that comes to her mind after listening to all the comments tonight is that this ordinance is currently in the Municipal Code Book and has been for many, many years. She stated that as the ordinance is currently written the same problem exits. The sidewalks get cleared and the street department comes through and plows and the sidewalks get covered again. She stated that this happens to sidewalks that are cleared by the city as well. They have to continually go back out there and clear them. She stated that they monitor that and especially in the high trafficked areas such as Eddy Street. She stated that they go out and monitor and see that if people are making an honest attempt to clear the sidewalk and make is passable, and the street department comes through and pushes the snow back over, she stated that they go out everyday to monitor to see if they have made an attempt to clear the sidewalk again. It is a common sense factor. She stated that the ordinance that is on the books now needs to be refined or tweaked so to speak to make it better, and allow for the exemptions that are not there now. And, secondly to allow for a volunteer group to go out into the community and help those who need assistance in removing the snow from their sidewalks. She noted that the 24 hour period is currently on the books and that they use an internal 2 inch rule and that doesn't necessarily mean that two inches is the case, it could be that an inch of ice has covered the sidewalk and then covered by an inch of snow that needs to be addressed because people are slipping and sliding and falling and it becomes a public safety concern. She stated that they monitor on a priority basis and make note that if the sidewalk has been cleared once and the street department comes and plows them shut as they always do, they will monitor the situation to make sure that they get cleared again. 6 REGULAR MEETING JANUARY 10, 2011 Councilmember Oliver Davis stated that he was aware that this ordinance has been on the books since the 1970's however, it was not clear then and that is why he is asking these questions now, because they are not clear to his constituents now and it doesn't seem very clear to the Council either. Councilmember Henry Davis, Jr. applauded Councilmember's Puzzello, LaFountain and Kirsits for their efforts on this bill. He stated that this is something that was a concern of his the past couple of years concerning the Housing Authority and how their property was being maintained. He stated that it was the same scenario that they would clean off the sidewalks and the street department would come by to plow the street and pile the snow back onto the sidewalk, so it was people working against each other. So he commends the Councilmember's involved in getting a bill together. However, he stated that he has some concerns regarding his district. He stated that in the 2nd District there are a lot of housing facilities and elderly that live in the district, so when priority areas were mentioned earlier, what does priority mean and how is it defined for this particular ordinance. Catherine Toppel stated that priority is not mentioned in this ordinance. She stated that they base priorities on pedestrian traffic, bus routes, schools, where the sidewalks are getting the most use. Ms. Toppel noted that clearly is you have a street that has vacant lots and that there is not a lot of need to use those sidewalks then they are not a priority. She noted that the police department has compiled lists of high pedestrian traffic areas and it is from those lists that they base their priorities on because of the high pedestrian traffic use and need the most attention for the pedestrian use. Councilmember Henry Davis, Jr., thanked Ms. Toppel for that clarification and stated that the 2nd District should be a high priority because they have Transpo bus routes, five schools in the district and noted Harrison Primary which borders the 2nd and 6th District and the many snow routes; Sample Street, Western Avenue and Lincolnway. He stated that these are great reasons to make them a priority, however, there are many things in this bill that make him a little apprehensive of voting in favor of it. He noted that there are vacant lots owned by the City of South Bend that have not been cleared and questioned whether or not the City fines itself. Mr. Toppel stated that clearly they do not fine themselves; she makes phone calls to the various departments that are required to have the snow removed to get the snow removed. She used for example where all the trees were planted at the south west corner of Main and Jefferson, was missed for clean up of the sidewalks for the first year that the City acquired the property. She had to make the proper phone calls to put it on the list to get the snow removed. Councilmember Henry Davis, Jr. stated that his concern was that the intent of the bill mentioned a specific area of the city and noting student housing/rental properties, so that is why he is asking these questions. To make sure that it represents the aggregate of all the districts within the city. He questioned how many vacant and abandoned lots are in the city? Because children will have to walk past these areas to get to and from school, so do we know how many there are and where they are located? Because to him it is those kinds of areas that are going to need a lot of attention. Councilmember Kirsits stated that he cannot answer how many vacant or abandoned lots or homes there are. However, it had come to his attention through the Community Campus Advisory Coalition (CCAC) that a lot of students were ignorant to the requirement by the city to shovel their sidewalks. He stated that it was through the CCAC that they made them fully aware that the students and their landlords are responsible for clearing those sidewalks with a 24 hour period and that they could potentially get fined if not doing so. It was totally about creating awareness, and then it came up about students having to walk through high trafficked area having to walk in the street to and from school because the sidewalks were not being shoveled either by residential homeowner or commercial businesses. He noted that they have an obligation to clear those sidewalks in a high trafficked area especially when children need to use them to go to school. He stated that the registry of volunteers is for helping to get to 7 REGULAR MEETING JANUARY 10, 2011 those areas and help to those people in need. Councilmember Kirsits stated that this is just the start to help solve a problem. He noted that it is not going to cure all the problems. Councilmember Henry Davis stated that he is not looking for a cure and because we are human beings and we are not going to be 100 percent correct on this. He stated that he would have to put something into effect like this and then we are going to be citing people in areas that are in these vacant areas. Perfect example, Muessel School, Allen Street, Blaine Street, Meade, Cleveland and could go on for days, Sancome Street, all 2"d District, a lot of vacant and abandoned homes and lots over there, yet people still live in those areas, how are we going to manage these areas because we don't know and this makes it hard to vote for something like this when we don't know. He stated that he is not kicking against it, he would like to work with the sponsor's of the bill on it, but he can't vote for it if he doesn't know something about it. It's difficult. Catherine Toppel stated that they addressed that know, they cite those properties. She stated that they have gone out every major snow and cleared those sidewalks and billed the residents. She reiterated that they have done that in those high traffic areas. Councilmember Henry Davis stated that those areas are not high traffic but they are residential. Catherine Topped advised that this bill gives them another tool to work with. She stated that this bill is not saying that they are going out and citing every vacant or abandoned lot or home or site everyone in the City; she does not have that ability. Councilmember Henry Davis stated that Code does have that ability with the ordinance that is on the books. Catherine Toppel stated that she does not have the ability by staff Councilmember Henry Davis stated that Ms. Toppel stated earlier that she has the ability to fine $15.00 from what is currently on the books in addition to this ordinance to do this particular job. Kathy Cekanski-Farrand stated that what this ordinance does is close a legal loop hole that they discovered when they were beginning to research this back last spring through Councilmember White's Health and Public Safety Committee. The $15.00 is listed in the ordinance violation listing of all the fines that can be presented. However, when you go to the actual body of the ordinance with regard to requirements for snow removal it is not listed there. This plugs that hole so that it is consistent. With regard to the hardship situations all this ordinance is trying to do is to create a safety net which is not there now for any senior citizen or anyone with a disability at all. She stated that they are trying to work and make it a win/win by creating that safety net for those individuals. Councilmember Henry Davis, Jr. stated that he still has his concerns and get off his soap box, but he really has some concerns about the amount of vacant homes that are in the City of South Bend and also getting out these waivers or forms out to those who need them is probably the same people stuck in their homes that need their driveway shoveled that would need them, so it's kind of like how do you transfer the paper over to them so they can fill it out and get it back down town. But he digresses. Councilmember Kirsits explained that currently they have nothing in place to help those who need help. Councilmember Henry Davis asked if there is someway they could start this in the summer versus right now. Councilmember Kirsits stated that he would suggest starting it right now because there is snow. 8 REGULAR MEETING JANUARY 10, 2011 Councilmember Henry Davis stated that he is trying to work with the sponsors of the bill so that they can make sure some of these things are being taken care of Kathy Cekanski-Farrand advised that because of the public safety concerns that they started last spring in giving a draft ordinance to the Council and the Administration. She stated that this is a good example of the administration sending all of their concerns which have been incorporated into the substitute bill to give again a mechanism, a tool for them to try address what has clearly been a safety factor now in a better way. She stated that if they don't provide that mechanism and continue to improve upon it they will never make any progress in this area. Councilmember Varner stated that he appreciates everyone's efforts on this bill. However, there are two things that strike him, one is that Ms. Toppel stated that during major snow falls the city goes out and cleans the sidewalks, why would he want to make his constituents fully responsible and place a burden on them for something the city can do. Secondly, what is a major snowfall? He stated that he is all in favor of public awareness and getting the word out to the citizens of South Bend, but what constitutes a major snowfall. He stated that a major snowfall is when the City determines that it is a major snowfall and his constituents are subject to a fine. He stated that it going to have to be defined or the Mayor's Office is going to have to define it. Other than that it becomes way too arbitrary however well it intended is meant to be and he does appreciate that. He stated that he is going to get calls from his constituents because this thing is too way open ended and some people are going to get cited while others are not. This has happened with parking tickets as well; someone got a ticket when the car either behind them or in front of them did not. He stated that if we could come up with some reasonable definitions telling people exactly what is going to happen then he would be okay with it. But this bill is way too arbitrary. Councilmember Puzzello stated that there is one very helpful tool that she is hopeful that they will be using and that is the Mayor's Public Service Announcements. She stated that he had on Saturday, noting that people should stay off the streets and roads unless in case of an emergency and will add to that if there is enough snow so that they are worried about sidewalk shoveling and will be keeping a close watch on schools, hospitals and churches and anything else that may be important. Councilmember Oliver Davis questioned that people cannot be fined with the ordinance that is currently on the books? Kathleen Cekanski-Farrand advised that the mechanism that the City of South Bend currently has is when the city through the Department of Code Enforcement goes there and removes the snow and then charges for that removal which is estimated at approximately $109.00, because in the listing of ordinance violation it shows $15.00 and does not show an amount in the guts of the ordinance there is no enabling legislation that authorizes that $15.00, it is merely a listing. Councilmember Oliver Davis stated that this has been on the books since 1972, and questioned that no citations have been issued because of this. Kathleen Cekanski-Farrand stated that to her knowledge there have been citations issued and if they had been challenged they could have been overturned. And that is why they are trying to close that loophole. Councilmember Rouse stated that Councilmember Varner wanted to know why the bill wasn't presented as closing a loop hole. Councilmember Varner stated that it doesn't change his decision that he will be making tonight, but wanted to know why it wasn't presented as such. 9 REGULAR MEETING JANUARY 10, 2011 Kathy Cekanski-Farrand stated that is just one aspect of the bill, there are multiple purposes of the bill, one being the safety net, one is to clarify that it is both the owner as well as the occupant of the property responsible for removing the snow whether it's commercial or residential, again there are many aspects of it. Again, they are trying to learn from other communities that have far more snowfall than the City of South Bend and learn from their experience to try to make it better for the City of South Bend from a public safety aspect. Councilmember Oliver Davis asked if in the other cities that this bill is model from have they been challenged and has the City be upheld? Kathy Cekanski-Farrand advised that she is unaware of any legal challenges, but the key was enforcement and implementation. She stated that there is a forty-five page publication that she would be happy to give to Councilmember Oliver Davis from the City of Boston and a multi-page document from the City of Madison, but they go through it each year to see how they can improve and they both stated that unless it is a joint effort of getting out public service announcements, voluntary cooperation from the citizens, using citations as a back up as a lever in the event that could not go forward and again as Ms. Toppel has identified in those situations that are true emergencies where people are trying to walk there that the city has the responsibility to go and remove it and tag them for the cost. Those are the three aspects to get any results. Councilmember Oliver Davis asked if this is specific to snow or ice. Kathy Cekanski-Farrand stated that it is both snow and ice. The following individual spoke in favor of the bill: Mr. Mike Coman, 508 E. South Street, South Bend, Indiana, stated that in the past twelve (12) hours he has shoveled and blown snow for at least three (3) city blocks only to have the City of South Bend Street Department plow the driveways and sidewalks shut again. He urged the Street Department to be more careful when plowing. The following individual spoke in opposition to the bill: Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, spoke in opposition to this bill. She stated that the City fines its residents to death. The city is the main culprit of piling snow back onto the sidewalks and blocking resident's driveways. She noted that the area around Century Center is a prime example of businesses clearing the sidewalks and driveways only to have the Street Department come and plow them shut again. Ms. Kopala advised that the City of South Bend needs to clean up their act first. In Rebuttal, Kathy Cekanski-Farrand advised that it is important to note that they studied other surrounding communities with regard to fines. She noted that the City of South Bend would have the smallest fine if there is a citation that is issued. She stated that the City of Elkhart charges $25.00; Goshen $25.00 and she spoke to someone on the City Clerk's Office in Mishawaka and their average fine is $50.00. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember LaFountain seconded the motion which carried by a voice vote of five (5) ayes (Puzzello, LaFountain, Kirsits, White, Dieter) and four (4) nays (Henry Davis, Jr., Varner, Oliver Davis, Rouse) 10 REGULAR MEETING JANUARY 10, 2011 RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, 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 7:51 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS — THIRD READING ORDINANCE NO. 10066-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276, 780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM This bill had third reading. Councilmember White 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. 10067-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO 10044-10, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011, TO APPROVE TEAMSTER EMPLOYEE WAGES FOR 2012 AND 2013 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. 10068-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE REMOVAL OF SNOW AND ICE AND AMENDING SECTION 2-213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 11 REGULAR MEETING JANUARY 10, 2011 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember LaFountain made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of five (5) ayes (Puzzello, LaFountain, Kirsits, White, Dieter) and four (4) nays (Henry Davis, Jr., Varner, Oliver Davis, Rouse) RESOLUTIONS RESOLUTION NO. 4072-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6879 ENTERPRISE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR G.H.S. CORPORATION DB/A GHS STRINGS 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 6879 Enterprise Drive, South Bend, Indiana, and which is more particularly described as follows: Lot lettered"C"as shown on the recorded plat of Olive Road Commerce Park Section Two; first replat recorded January 22, 1999 as document number 9903188 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25-1011-0187 a/k/a 71-03-19-300-005.000-009, 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 remonstrance's 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 12 REGULAR MEETING JANUARY 10, 2011 Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq.; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. 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. Richard Deahl, Attorney, Barnes & Thornburg, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill on behalf of the owner G.H.S. Corporation d/b/a GHS Strings Mr. Deahl advised that G.H.S. Corporation is one of the larges domestic manufactures of strings for fretted instruments, including strings of classic, acoustic and electric guitars, bass instruments, mandolins, banjos, fiddles and many other instruments. He stated that the petitioner is proposing to relocate its primary string manufacturing operations to South Bend in a phased transition process to ramp up production and commence production during 2011. The project consists of the installation of string manufacturing equipment including, without limitation, automated ball-end machines, and computer monitored string tension and winding equipment. G.H.S. Corporation will be transferring or purchasing and installing new and used equipment. All of the used equipment will come from outside the State of Indiana. The estimated cost of the project is $600,000 to $1,000,000. At a cost of$600,000 total taxes to be abated during the five year abatement period are estimated at $26,096. Total taxes to be paid during the five year abatement period are estimated at $23,746. At a cost of$1,000,000 total taxes to be abated during the five year abatement period are estimated at $43,494. Total taxes to be paid during the five year abatement period are estimated at $39,577. Per the petition, it is estimated that the total project will created at least fifteen (15) new, permanent, full-time jobs in the first year of production representing a new annual payroll of at least $350,000. He noted that because the project is new to South Bend there are no existing jobs. 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 nine (9) ayes. RESOLUTION NO. 4073-11 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 3849 SHOWERLUX DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SBG REALTY, LLC WHEREAS, a petition for real property tax abatement has been 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 3849 Showerlux Drive, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as 13 REGULAR MEETING JANUARY 10, 2011 follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # 10A as shown on the plat of "H.G. Baus Centre-Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has the Key Number 71-03-21-300-001.000-009, be designated as an Economic Revitalization 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 an Economic Revitalization 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 an Economic Revitalization Area. 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 completed by the Petitioner 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 the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed 14 REGULAR MEETING JANUARY 10, 2011 by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to eight (8) years. SECTION VII. 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 VIII. 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. Mr. Ryan Rans, 5440126 th Street, South Bend, Indiana made the presentation for this bill on behalf of the owner SBG Realty, LLC. Mr. Rans advised that SBG Realty, LLC intends to construct of 50,000 square foot manufacturing facility which will be leased to South Bend Gear. South Bend Gear is a joint venture between Schafer Gear Works, Inc. and Somaschini North America, Inc. formed in order to supply timing gears for Detroit Diesel Corporation which is a subsidiary of Daimler Corporation. The estimated cost of the building if$2,100,000. In subsequent phases, the size of the building may be double. During an eight year abatement total taxes to be abated during the term are estimated at $233,063 and total taxes to be paid during the eight-year term are estimated at $267,464. Per the petition, it is estimated that the project will create 12 new, permanent full-time positions in year one growing to an expected 26 positions by year two. The new annual payroll in year one will be $605,000 growing to an expected payroll of$1,300,000 by year two. 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. 15 REGULAR MEETING JANUARY 10, 2011 BILLS —FIRST READING BILL NO. 01-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1, BASIC PROVISIONS, SECTION 21- 01.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 02-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 1003 7-10 This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 03-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI ST., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 04-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $60,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2011 FOR THE CLOSURE AND REMOVAL OF TWO UNDERGROUND STORAGE TANKS AT CENTURY CENTER AND FOR FREDERICKSON PARK REMEDIATION This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on January 24, 2011. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) 16 REGULAR MEETING JANUARY 10, 2011 BILL NO. 05-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $995,423 WITHIN PROFESSIONAL SPORTS DEVELOPMENT FUND (#377) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on January 24, 2011. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION BILL NO. 68-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 7233 U.S. 31 SOUTH, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA Councilmember LaFountain made a motion to refer this bill to the Zoning and Annexation Committee and set if for Public Hearing and Third Reading on January 24, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 NORTH KENMORE STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. REQUEST TO WITHDRAW BILL NO. 55-10 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM Councilmember Varner made a motion to strike this bill from the Council Agenda. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. 17 REGULAR MEETING JANUARY 10, 2011 REQUEST TO PUT ON COUNCIL AGENDA FOR JANUARY 24, 2011 MCCORMICK TAX ABATEMENT (2 CONFIRMING RESOLUTIONS) TO BE PUT ON THE COUNCIL AGENDA FOR JANUARY 24, 2011 Councilmember Oliver Davis made a motion to set two (2) confirming tax abatements for McCormick on January 24, 2011 and send to the Community and Economic Development Committee. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis, Jr. explained his nay vote regarding Bill No. 04-11 appropriating $60,000 for the removal of two underground storage tanks at Century Center and for Frederickson Park Remediation because there has been no progress at LaSalle Square. He stated that there are tanks that need to be removed from the former Bendix site and that money keeps being appropriate to other projects and nothing has been done at LaSalle Square. He noted that there was $2.5 million dollars that was to be dedicated to LaSalle Square project and this is why he voted nay. Councilmember Henry Davis, Jr. stated that he has received over 100 messages via his facebook and twitter accounts with comments regarding the inconsistency of snow removal between the various districts of the city. He noted that it was a record amount of snow fall in one given time period; however, there were many inconsistency of how snow was being plowed in the various districts. He stated that he drove from one of his district to the other and then drove over to the 5th District and then over to the 4th District and he saw many inconsistencies on how the street were being plowed from one district to another. He stated that just today when he drove over the Meade Street tracks it was like a skating rink. He stated that he understands that a truck got stuck on a set of tracks today, he wasn't sure of the location, but bet it was because of the amount of snow that was still there. He stated that he spoke with Gary Gilot, Director of Public Works just yesterday regarding the CSO Project at Kennedy Park and how the streets were shortened and narrowed by the project and some streets were made dead end streets and they put bump outs on some of the intersections and because of all of this these streets cannot be plowed the way they are supposed to be. He stated that these are some of the issues in the 2"d District and what he is saying is that it is very difficult to serve the constituents of the city when the Council puts themselves in such predicaments like this. He stated that when talking with Mr. Gilot he asked to ride around with one of the street department workers, because he doesn't really know what their job is. He stated that he is not a street department worker and is still waiting for that phone call to ride around with either a street department worker or a supervisor to see what is going on and see how difficult the job may be. He stated that he doesn't know what a firefighter does so it may be a chance for him to experience the hardships of what it takes to be plow a particular area or not. He stated that he is putting these things out there because they need to be taken care of He stated that LaSalle Square is in its eleventh year of nothing being done out there and now this snowplowing thing. Councilmember Oliver Davis advised that he would like to have a report from Mr. Gilot under Item #6 Reports of City Offices regarding snow removal at the next meeting of the Council, January 24, 2011. Councilmember White asked if the Council could get an update on the issue at LaSalle Square. Councilmember Rouse asked if there was a neighborhood plan for the LaSalle Square neighborhood. Councilmember Henry Davis, Jr. stated yes. 18 REGULAR MEETING JANUARY 10, 2011 Councilmember Rouse stated that the Council needs to set up a meeting with the Department of Community and Economic Development to see if the neighborhood plan is being executed and utilized and maybe the plan needs to be revised. He stated that it is not like nothing has been done; it might just need to be revisited. Councilmember Rouse stated that the Council has these conversations under new business; however, there is no one present from the administration other than maybe Mr. Gilot, Director of Public Works to hear the cares and concerns of the Council. He strongly recommended that President Dieter send a letter to the administration that they need to be present at the Council Meetings. Councilmember Rouse stated that they had a bill before them tonight asking for pay raises and he doesn't see them present at any of the Council meetings. He stated that they need to be present in the Council Chambers to hear the Council's concerns that are before them and that need to be addressed and get them resolved. Council President Dieter stated that he would get a letter sent. Council President Dieter urged the Council that as questions arises that they be addressed to the Committee Chair's and those Chairpersons's can then direct the question to the various department head to have the issues resolved. Councilmember David Varner stated that as one of the Council's two representative to the Redevelopment Commission the other being Marcia Jones, he would be glad to hand deliver the letter from the Council to the Redevelopment Commission. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JIM CIERNIAK CONCERNING BILL NO. 73-10 Jim Cierzniak, 1518 Pine Top Trace, Mishawka, Indiana, stated that he thought Bill No. 73-10 was to be heard tonight for Public Hearing and Third Reading. Council Attorney Kathleen Cekanski-Farrand advised that Bill No. 73-10 died in the Committee of the Whole. There was no motion to send favorably to the full Council. Therefore, the bill is dead. Ms. Cekanski-Farrand stated that she had a discussion with Mayor Luecke and a new bill would have to filed. COMMENTS FROM MS. SUSAN GREUTMAN REGARDING URBAN CHICKENS Susan Greutman, 1339 Pyle Avenue, South Bend, Indiana, stated that she is a member of the South Bend Chicken Urban Alliance and in the audience tonight are some other members and their children who have brought chicken cookies to share with the Council tonight. Ms. Greutman urged the Council to look them up on their Facebook Account. She stated that she would like to submit their contact information with the City Clerk for anyone who wishes to contact them. She stated that they mailed a booklet to each of the Councilmember's over a week ago; she hoped that the Council had an opportunity to look it over. She stated that she will also file a copy with the Clerk in case anyone misplaced it or would like another copy. She stated that the last time that they spoke before the Council there were some questions and concerns that were brought up by various members of the Council and they hoped they have clearly and concisely addressed those questions and concerns in this booklet. She also would like to file with the Clerk letters of support that they have received from various organizations in the community like Grace Community Church, Urban Garden Market, Monroe Park Community Association, the Community Gardens Co-Op and the Howard Park Neighborhood Association. She stated that she also will file with the clerk petitions with hundreds of signatures from people around the city who are in support of keeping Urban Chickens. She noted that these people are in support of Urban Chickens, they don't necessarily want to keep them themselves, but feel that the ordinance should be changed. She stated that they are currently writing a draft ordinance and hope to have it submitted by the Wednesday, January 19, 2011 deadline for first reading on January 24, 2011. She urged the Council to read the booklet and the draft ordinance and to do the research necessary to answer any and all questions that might come up because this is a very important issue. The citizens really want urban chickens and really feel that this is the future of South Bend. 19 REGULAR MEETING JANUARY 10, 2011 COMMENTS REGARDING THE RECENT ASSAULT AT THE WALGREENS DRUGSTORE ON LINCOLNWAY EAST Tony (no last name give), residing at 1306 Lincolnway East, South Bend, Indiana, wished the Council a Happy New Year and stated that he is here tonight speaking before the Council regarding the recent act of violence at the Walgreens Drugstore on Lincolnway East. He stated that he lives less than a mile away from there. He stated that he learned of the act of violence on the news. He stated that when he learned that the violence was committed by a resident of the Wooden Indiana Motel the hair on the back of his neck stood up and it brought back all the horrible memories of when Police Officer Nick Polizotto was shot and killed and Officer Norby was wounded at that motel. He stated that he jogs and walks his dog passed this area everyday. He stated that there are IUSB students who live in that area. He questioned on why this person was able to move into an area and not be mandated to a half way house to be monitored. He stated that the Wooden Indiana Motel has been a place for transients to live and there have been more problems at that location and why the City doesn't have the authority to try to get that motel cleaned up or shut down. He also asked if funding could be sought to have a place for individuals coming from the Department of Corrections to go to and be monitored. Carol Davis, 1631 Lincolnway East, stated that the Wooden Indiana Motel has placed cameras on the buildings to monitor activity at the motel. She advised that Mr. Kemp who was arrested for the assault at Walgreens was accidentally released by the Department of Corrections. She stated that not everyone at the Wooden Indiana is transient. She stated that she moved back to the Wooden Indiana from Princess Apartments in Mishawaka because they couldn't sleep because of all of the drug activity going on at night, and fights almost every night. She stated that crime and violence is all over the City of South Bend and Mishawaka and it is just ridiculous and something has to be done to combat the crime. Someone needs to take a stance against the violence. She advised the Council that if they have any questions or concerns regarding the Wooden Indiana Motel to ask her. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:21 p.m. ATTEST: ATTEST: John Voorde, City Clerk Derek D. Dieter, President 20