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HomeMy WebLinkAbout05-29-12 Common Council Meeting Minutes REGULAR MEETING MAY 29, 2012 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 Tuesday, May 29, 2012 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: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Absent: Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the May 14, 2012 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 RESOLUTION NO. 4181-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING AUSTIN PRICE WITH THE “MAY 2012 SOUTH BEND CITIZEN YOUTH AWARD” Whereas, the South Bend Common Council notes that the youth of our city are the hope and promise for a better tomorrow in our community; and Whereas, the Common Council is proud to recognize that AUSTIN PRICE attended LaSalle Academy and is now a Freshman at Washington High School where he is part of the South Bend Community School Corporation’s Medical/Allied Health Magnet Program; and Whereas, the Council notes that AUSTIN is a very talented and gifted - having earned straight A’s this entire school year; is fluent in Spanish and wants to study at either Stanford University of USC as he pursues a career goal of becoming an anesthesiologist; and 1 REGULAR MEETING MAY 29, 2012 Whereas, AUSTIN is a member of the Mount Carmel Missionary Baptist Church; loves to play football; is a wrestler; and many of his teachers at Washington believe he is a great role model for other students and the youth of our city. Now, Therefore, be it resolved, by the Common Council of the Cityof South , Bend, Indiana as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present to AUSTIN PRICE, a Freshman at Washington High “ School where he is part of the Medical/Allied Health Magnet Program, with the MAY 2012 SOUTH BEND CITIZEN YOUTH AWARD”. Section II. The Common Council thanks AUSTIN for working and studying hard to become a role model who reflects excellence through his academic performance, his positive attitude, his leadership abilities, and especially through his many hours of volunteering for the March of Dimes, AIDS Ministries, Real Services, Inc., and at the St. Joseph Regional Medical Center. Congratulations and we wish you continued success in pursuing your career goals. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Derek Dieter, 110 N. William, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading this Resolution in its entirety and presenting it to Austin Price. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the council either in favor of or in opposition to this Resolution. Councilmember Oliver Davis made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 4182-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING JOHN SELLERS WITH THE “MAY 2012 SOUTH BEND CITIZEN AWARD” , Whereas the South Bend Common Council notes that many residents of the City of South Bend contribute to the vibrancy and vitality of our entire community; and , Whereas the Common Council is proud to recognize that JOHN SELLERS grew up on st Forest Avenue; now lives on Blaine in the 1 District, and has been involved with the Near Northwest Neighborhood (NNN) for many years; and 2 REGULAR MEETING MAY 29, 2012 , Whereas JOHN SELLERS is an integral member of the NNN Environmental Committee which “promotes environmental and sustainable living practices by exploring ways to improve the ‘look and feel’ of the neighborhood by fostering positive relationships” with South Bend City Departments; works to improve access to services by addressing “quality of life issues”; helps with the semi-annual “plant swaps”; and actively works to build strong relationships with neighbors who are “interested in positively impacting the Near Northwest Neighborhood”; and Whereas, JOHN SELLERS is an Adopt-a Block Captain; a previous participant of the Marketing Committee that recently upgraded the NNN website; helped with the “Neighborhood Green Spaces” program which oversees three (3) areas, namely: Diamond Avenue Garden located at the corners of Diamond, Humboldt and Cleveland; a second garden at the corner of Lamonte Terrace and Lafayette Boulevard which incorporates a winding brick path leading to Leeper Park; and personally oversees maintenance at the Triangle Garden located at the corners of Portage Avenue, Vassar Street and Sherman Avenue; and John is the primary volunteer coordinator who directs the organizations garden-oriented youth service projects throughout the Near Northwest. , Whereas JOHN SELLERS is an ideal model of citizen involvement. , Now,Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common “ Council is pleased to publicly present to JOHN SELLERSwith the May 2012 SOUTH BEND CITIZEN AWARD”. Section II. The Common Council thanks JOHN SELLERSfor volunteering countless hours throughout the Near Northwest Neighborhood which is resulting in many positive improvements to this vital part of the South Bend community. Congratulations!! Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Tim Scott, 711 Forest Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Sellers. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the council either in favor of or in opposition to this Resolution. Mr. Sellers thanked the Council for this honor. He stated that it is a pleasure to do the work. He stated that he is very fond on the Near Northwest Area, having been born and raised in that 3 REGULAR MEETING MAY 29, 2012 neighborhood and is proud to be a home owner there and proud to do the work that he has done for the NNN. Mr. Sellers stated that the NNN is a great organization, not only the rehab work that they do to the homes, but also the community building that they do. He reiterated that it is an honor and pleasure to be a part of the work that they do. Additionally, Councilmember’s Henry Davis and Dieter offered comments and thanked Mr. Seller for the wonderful work that he does at the NNN. Mayor Pete Buttigieg stated that even before he knew his name, he knew John’s face because he was always there when there was work to be done. Not only glorious work, sometimes it was picking up garbage or other things. Mayor Buttigieg stated that we could not function as a city government without the heart folks like John brings to the neighborhoods. He thanked John for all his hard work. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. BILL NO. 12-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING CONSUELLA’S ACCOUNTING & TAX SERVICE WITH THE “MAY 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD” Councilmember Oliver Davis made a motion to continue this bill until the June 11, 2012 Meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES TH UPDATE FROM THE MAYOR ON QUESTIONS RAISED AT THE MAY 14, 2012 COMMON COUNCIL MEETING Mayor Buttigieg thanked the Council for this opportunity to update the Council. He stated that he will follow up from the last meeting. He stated that the questions that were raised on May 14, 2012 were answered in committee or the ball is rolling on those specifically related to the Fire Department and Building Plans. There was also a question about police department activity and wanted to let the Council know that there have been 371 traffic stops between the period of May 8, 2012 and May 24, 2012. 78 walking patrols that he has asked for placing the officers out of their cars. He stated that they have stepped up bridge enforcement, the U.S. 31 bridge where Michigan Street crosses the river is under some strain, and so there are signs indicating that trucks may not drive on that bridge and in order to make sure that is enforced the police department has been asked to act and 4 tickets were issued during the period of May 21, 2012 and May 24, 2012. Councilmember Oliver Davis stated that he talked with one of those truck drivers who received on of those tickets said that where the signs are placed, they are not noticeable, with all the trees and vegetation in bloom. He asked the Mayor if he is aware of any kind of issues like that. Mayor Buttigieg stated that action was taken to make the signs more visible by having one positioned north bound and then another on south bound. He stated that he wasn’t sure that it will satisfy everybody who has the misfortune of getting a ticket. He stated that the good news is that hopefully we will be out of the woods on this completely by September, which is when they hope INDOT will complete the road work and the bridge will be restored to full strength. 4 REGULAR MEETING MAY 29, 2012 Councilmember Oliver Davis stated that with the amount of tickets being written that this was a policy for a period of time. He questioned that it is a relatively high number that is going on in terms of traffic tickets right and there have been more complaints that people are just being stopped in order to get a quota because of what was stated by the Chief that he is making at least everybody give one ticket per day and that didn’t seem to come across right to a lot of people. He stated that it’s a little disconcerting when the Chief says that he is going to make sure that everybody gets a ticket. He stated that a part of that was again addressing the homicide issue. Councilmember Oliver Davis stated that he has never seen where addressing speed tickets decreases homicide. Mayor Buttigieg advised that the idea is part of what is known as the “broken window” theory. The idea is that its part of how you keep a community safe when it comes to major crimes is to make sure that minor violations are also being enforced. He indicated as in the prior Council Meeting that if there is any sense or particular case or any evidence that this in anyway is being enforced unfairly he would like to be notified of that right away. Councilmember Oliver Davis stated in regard to that issue besides the broken window theory which is a good theory also is there any data that states that higher increase of tickets reduces homicide besides just the broken window theory is there any data? Mayor Buttigieg believes that the “broken window” theory is backed by data. He stated that he is not deeply familiar with the literature. He stated that he would be happy to ask the police department for any relevant research reports that might show that. Councilmember Oliver Davis stated that he would love to have that. Councilmember Scott stated that he agrees with Councilmember Oliver Davis that tickets should not be unfair, but can say come on over to Portage Avenue, he would be glad to see officers running Portage Avenue and ticketing people. He stated that he lives at Forest and Portage Avenue and sees people pass cars there, fifty, sixty miles an hour is nothing there. He stated that st he has had a lot of comments of that in the 1 District, where speed is just out of control. He reiterated that he doesn’t want it to be unfair, but is glad to see that it is being done and raising the bar. Councilmember Henry Davis stated that this is just an idea and wasn’t sure if there would be any results with this, but would calling the highway department and letting them know on their reports that the highway that bridge is closed. It would stop a lot of those trucks from coming in and turning around or going over and being ticketed because for what ever reason crossing the bridge. He asked if the Mayor’s office sent out any releases to the state highway department or IDOT or whomever controls the highways. Mayor Buttigieg stated that yes; the decision to take action is motivated by INDOT. INDOT was the body because it was a federal highway that has been monitoring safety conditions on the bridge. He stated that they were the ones that were most concerned and really what they were trying to do is to make sure that there is adequate enforcement so it doesn’t trigger INDOT to take any action that would restrict traffic, if it’s possible to do it with a combination of signage and enforcement. He stated that they believe traffic will be restricted during the construction phase, as they move into the summer, but at least one lane, and their understanding from INDOT, is that at least one lane will be kept open at all times. Councilmember Henry Davis stated so they send out releases or what have you to trucking companies that use this route. He stated that is what he is asking, because a traffic report will say that you can’t use this route and wondered if that had been taken care of. Mayor Buttigieg stated that he is not familiar with what protocols INDOT uses to advise when there are trucking restrictions that are new, but will certainly bring that up the next time he meets with them. 5 REGULAR MEETING MAY 29, 2012 Councilmember Henry Davis stated that was what he was asking if the Mayor’s Office has done it. Mayor Buttigieg stated no, he did not ask them to contact trucking companies. He stated that he did not think to do that. He stated their approach was based on signage and enforcement, but that is certainly something he will consider going forward. Councilmember Oliver Davis stated that he agrees with Councilmember Henry Davis, because the person that complained to him said that it would have been nice to have been notified about those kinds of things. He stated that they had been doing that for a period of time and all of a sudden to just get pulled over like that they thought they were getting targeted. He stated that it was more of a PSA and would have been a great thing to know and would have helped because when we make those kinds of changes and the public doesn’t know it catches them off guard. Councilmember Dieter stated that he doesn’t know the exact amount of papers put in about the restrictions on the bridge and knows for both north and south bound traffic there are two very large lighted signs and also another just a regular street sign there. If someone is crossing that they are probably either not paying attention or wanting to see if they can make it without getting caught. If people are paying attention, which most truck drivers do, you would be certainly able to see the signs. Councilmember Dr. Fred Ferlic stated that anything that you can do to prevent a tragedy from ended up at Memorial Emergency Room, whether its issuing tickets or whatever you do, he thinks you do as Mayor. He thanked the Mayor for his efforts. Councilmember Oliver Davis asked about the Chapin Street Bridge near the Kroc Center. Mayor Buttigieg stated that he has referred that to the Public Works Department and get back to the Council as soon as he can. UPDATE FROM THE MAYOR ON PROCESS FOR SELECTION ON NEW POLICE CHIEF Mayor Buttigieg stated that Interim Police Chief Hurley is not expected to serve in a permanent capacity and they would like before the end of the year and ideally around the end of the summer to have identified new permanent leadership for the South Bend Police Department. He stated that he wanted share a little bit about their approach and also ask the Council to consider as representatives of the public ways to way in on the Police Chiefs’ search. While the choice of Police Chief is of course a mayoral appointment it is one particularly important throughout the community. He stated that some of the criteria that he thinks is important but will certainly be interested to know what the public through the Council considers important in making this decision. When making any personnel choice his approach focuses on three criteria: 1.) whether they get the overall vision, what they as the administration are trying to achieve in the city. 2.) whether they are competent, can be trusted to get the job done. Both in terms of technical capability and in terms of integrity. 3.) How they work with other people, including co-workers, and also the public which again a public facing job like the police department is especially important. He stated that there are some additional criteria that is clear and would be particularly important for the selection of a new Police Chief; one is the principles of Community Oriented Policing. He stated that he feels strongly that this is one of the areas that they have been doing best in the Police Department in recent years and want to make sure that any gains that have been made in recent years are preserved and built upon. He stated that Police Officers cannot be affected if they do not have the trust of the public and the neighborhoods, the citizens and individuals that they are sworn to serve. The idea of Community Policing is one that any new leader in the Police Department needs to understand very well. Secondly, and related to that is the ability to earn the confidence of all different parts of the community. He stated that we have 6 REGULAR MEETING MAY 29, 2012 a community that is very rich in its diversity and we need to make sure that every neighborhood, every individual, representatives of any minority in the community feel absolutely confident that they trust in the integrity of the Police Department in setting that tone begins with the Police Chief. Third, it is very important that they have leadership that is able to transcend any kind of internal issues or disputes in the police department. This is important in the leadership of any department, but places a great deal of emphasis certainly in his own deliberations in ensuring that we have leadership that is capable of transcending any kind of internal politics in the organization. Lastly, quite importantly has the ability to understand how to use data as a way to fight and respond to but also anticipate the need for police services. Because we are not able to put an officer on every block its is extremely important to be able use our resources efficiently and he is interested in candidates who have an understanding of how to do this and also candidates who are familiar with some of the different certification and accreditation standards such as those issued by the organization CLEA which might help us in this goal. He stated that throughout this process it is going to be very important to have input from the Council and would invite the Council in whatever way is considered by this body to be most appropriate. To submit either a document or meet to share beliefs on what would be important for the candidates in this role. Of course public it is going to be very important to make sure that we have an understanding of where the community is and that the priorities of the community in selecting the leadership for their police department is taken on board. He stated that he thinks there shouldn’t be anything ruled out. He doesn’t think any candidate should be ruled in or out and this will be a very wide ranging search. He stated that they will take a good look at everybody who is ready to step up internal to the department. They will also have conversations with national organizations that provide research and expertise when it comes to police, to try to get any information that might be useful for us here in South Bend in making this decision. Councilmember Scott asked how many candidates’ applications have been received. Mayor Buttigieg stated that they have not accepted formal applications or identified individual candidates. He stated that they are still in the process of refining the search criteria as well as identifying internal/external people who might be ready to step up. Councilmember Scott asked if he had an internal team. Mayor Buttigieg stated that they haven’t formed a formal team, obviously his office is closely engaged, and he has asked Interim Chief Hurley to share his assessment of leaders inside the department and again want to really engage the Council more broadly and the community in order to get information. Councilmember Scott asked if he used a consulting agent or if they were looking at something like that and the cost. Mayor Buttigieg stated that they are open to it, but because of the cost they need to be very careful for what they sign on for. Councilmember White asked in terms of trying to gather input from the public what are the plans, process and the time line for doing so. She stated that the Mayor had indicated a number of standards by which he was looking in terms of selecting a new person to become Chief and mentioned an overall vision, so is the vision what he has for the City, the three questions. Or is the vision for the police department. Mayor Buttigieg stated that he is certainly hoping that the police department will be in run a way that is consistent with the overall vision for the administration and for the city, offered by this administration. He stated that it is a way they think about any personnel or hiring decision, especially a senior leadership one. He stated that he is still open and have not locked down a particular format for receiving public input. He stated he thinks that it would be good to have more than one channel for that to be available. One might be to take advantage of the internet or 7 REGULAR MEETING MAY 29, 2012 invite people to write in with their thoughts on what is especially important. We may also find that something more structured like a community would be appropriate. Councilmember Henry Davis asked what the timeline on this is. Mayor Buttigieg advised that he stated previously would be abusing Chief Hurley’s willingness to serve if we went passed this calendar year and his hope is to be interviewing finalists with a view toward a decision late this summer early this fall. Councilmember Henry Davis stated that his concern is not necessarily the Police Chief as it is the other ranking officials and officers within the Police Department. He stated last time we were here he made mention of the numbers of 260 maybe give or take a few officers that are within the department and the number of minorities that are actually out of that number which is 28, which it is actually 30 because he is including all of them. So it’s 230 Caucasian men women and there is 30 are just African-Americans; American-Asian; American-Indian. So when your structure is such like that, its just one position, one person, one chief and it’s clear that we need that but his concerns is dealing with ranks that is inside the police department where you have more officers serving at different capacities, such as lieutenant; head of the detective bureau; as so on, and those are things that he thinks are a lot more important that just this one position and is speaking for where he is at. He stated that he could be off-kilter with this, but he thinks that when we begin to really look at what we are doing and concentrate solely on one position that doesn’t help out with the other 259 officers that are on the police force or 260 officers, he doesn’t know what that number is right now, he doesn’t have his paper in front of him. He stated that when the administration begins to concentrate on rank and moving people to the head of the detective bureau, being head of any other uniform chief and so on, we need to really start looking at those numbers more so than just that one and making sure that it is representative of the entire city rather than just one segment or sector of this city. He stated that he read in the newspaper and thought that this was a very very good thing. The Fire Department is going out and saying that they are going to recruit more minorities some of sites that they said nd are within the 2 District. The question that he has about it because he does applaud the efforts, how soon will these people is hired. A lot of people are looking for jobs right now rather than a year from now, two years from now, three years from now. He suggested it probably will be more than six (6) months from now and so when we are out here saying that this is what we are going to do, we are going to get a lot of people amped up, hyped up, happy that this is going to happen and it maybe something that is going to never happen. He asked if the Mayor was following him, because when it falls back this way and people say this is why we don’t trust you politicians or you elected officials when you say one thing and do another. A lot of the application process becomes a wish for people rather than just a day out in front of the news camera’s saying this is what we are doing and doesn’t measure out at the end of the day. He stated that he thinks that same commitment that the Fire Department is making should be made on behalf of the South Bend Police Department as well, going in the ranks but also recruiting in, because those things are quite valuable, it is just not this one position, you know you can’t win or lose on this one position but you lose on the other positions or you win on the other positions. Councilmember Oliver Davis asked Mayor Buttigieg if he had any comment on what Councilmember Henry Davis said. Mayor Buttigieg stated that’s right it would be wrong for us to promise that over night the make- up Fire or Police Departments can come closer to where we want it to be which is of course a composition that reflects the community at large. He stated that he will say that the Fire Department is committed and you will notice that the approach that the Fire Department is taking is really to begin at the beginning and to make sure that they are doing everything they can to reach out to people at the very beginning of the process so that they get more people coming in, in the first place. He stated that they are looking everywhere they can to try to attract more applicants. These is the same strategy that has been in place in the police department and spoke with former Chief Boykins and have stressed with Interim-Chief Hurley and will certainly emphasize with whoever the future chief is. He stated that once again to really succeed in this, 8 REGULAR MEETING MAY 29, 2012 when you are at the point where you are making a decision about one leader it is almost too late from the perspective of the overall diversity of the force and it’s going to be a long term effort, but with help from the community in terms of getting the word out that we are very much seeking to have a broader base of people apply in the first place, to Police and Fire Department positions. He stated that over time we should see a result that he all thinks we want to see, which is a force that reflects the make-up of the community they protect. Councilmember Oliver Davis stated that will all due respect if it is the same strategy that is already been in place then how do we expect different results. Mayor Buttigieg stated that we have to add that strategy, but he doesn’t think that they should stop the practice of reaching out to minority applicants with extra emphasis. He stated that he thinks that is the right thing to do, if we feel impatient about the results maybe we can add on other approaches to that, but he certainly doesn’t think that we should stop the good work that was being done under former Chief Boykins and being continued under Chief Hurley. Councilmember Henry Davis stated that it’s not working. Mayor Buttigieg stated that he is very receptive to suggestions about what will work. Councilmember Henry Davis reiterated that the number was 30 people who are of minority decent out of 260, it’s clearly not working. Mayor Buttigieg asked if Councilmember Henry Davis could suggest any other things that we might add. Councilmember Henry Davis stated that he has many suggestions such as starting a mentoring program with out youth in high schools. He thinks that we should do a lot of class recruitment with the minorities coming out of college. He thinks that we should do more of a nation-wide searches coupled with some housing programs for these minorities officers who would want to live in our city. He stated that he could keep on going. Mayor Buttigieg asked Councilmember Henry Davis if he would be willing to draft up a letter that would help them in their process. Councilmember Henry Davis stated that he would definitely do that. Councilmember Dr. Fred Ferlic stated that he thought the Fire Department’s goal of reflecting the City’s population white, black, Latino, he thought on those statistics for the Fire Department, correct him if he is wrong, but less than 20% across the board qualified in tests to become a Fire Fighter. He reiterated he could be wrong on the percentage, but that is what he calculated from the article this morning. Mayor Buttigieg stated that it is a very selective process. It is one of the reasons why it is difficult to get to the results that they want. He reiterated that it’s clear that we have to do more. Councilmember Oliver Davis asked is that why there aren’t minorities? Councilmember Dr. Fred Ferlic stated across the board. Councilmember White stated that as we move forward with the search for the Police Chief, it’s critical that we become as open and transparent as possible that we allow all the various constituents that will be impacted. She stated that it is safe to say that we have some challenges as well as opportunities for this community. Challenges in regard to ensuring that as we move forward with the search for the Police Chief: 1. That were are actually moving towards a process that will yield the best candidate for the position. She stated that she cannot think of any position that’s not saying that position that we have within the administration that includes the Council 9 REGULAR MEETING MAY 29, 2012 Members as well is not as important as the Police Chief. She stated that at this point within our community we do know that our community has become polarized for a lot of reasons and cannot ignore that. She stated that she is not saying that we are trying to ignore that, but believes as we move forward we cannot afford any mistakes we have to make sure that everyone is respected their view points and value and that we allow the process to be as open and as clear as possible and that we do know that it is the Mayor’s choice to select the new chief, but because, this is her personal opinion, but because of this position, because of where we are at as a community, we have got to make sure that individuals have the opportunity for input. That we give them the opportunity to share their concerns, their frustrations even though we might agree, or we might disagree but she thinks that everyone should have the opportunity for their input and is trusting along with the Council and the Administration that the process will do just that. Councilmember Varner asked the Mayor in his application process if he is going to entertain applications from outside the department or is it going to be strictly an internal search? Mayor Buttigieg apologized if he was not clear and that is what he intended when he said that everything is on the table. He stated that they will look at internal and external candidates. Councilmember Henry Davis asked if there was any input on the Chase Tower. Council President Dieter stated that would be a topic for another day. Mayor Buttigieg stated he had heard that the Summit Club was suspending operations. He stated that it simply adds to the urgency for there to be a buyer for the Chase Tower. He stated that a number of potential buyers are in communication with a listing agent, but the listing agent has requested an extension and so it may be the June or July time frame before there seems to be any final action. He stated that his view is that it would be a good idea for Huntington Bank which holds the judgment on the note to step and make investments to make sure that the building is in good condition going forward and continue to monitor the opportunity for buyers to come through without putting unexpectedly high level of taxpayer money on the line. He stated that tomorrow is Mayor’s Night Out at the Robinson Learning Center from 5:30 – 7:30 p.m. He th stated that they have it in a different district each time so this is in the 4 District, but he stated that they have found that people come from every district. He encouraged as many Councilmember’s to attend if possible. He stated that it is certainly something that is appreciated by the member of the public who attend. He stated that there are having their first field hearing of the vacant and abandoned housing task force that is going to be on Thursday at 5:30 at Muessel School. He stated that he wanted to make sure that it is an evening meeting so that members of the public could attend. He stated that he will share information that members of the team have been able to pull together research wise but it will also be a chance to draw input from the public on some of the problems and solutions as they see them. Also, he wanted to invite the Council to save the date of June 21, 2012, when they plan to host an Economic Summit that will be a chance to really communicate on a number of economic factors in the City as well as share some of the proposed changes that they would like to see happen to the Community & Economic Development Department. Again, if at all possible he believes that Council participation in that meeting would be very valuable. He stated that he will be approaching the Council soon with some of the proposals that they have in terms of adjustments to the department. Lastly, just a heads up to the Council, that he had some very positive conversations about youth violence both internal to the community and outside the community following the well attended public meeting. He stated that he is continuing to talk to folks around the community and also engaged the Department of Justice. After speaking with The Department of Justice Program acting Assistant Attorney General he seemed to express some level of interest in provided technical assistance and perhaps resources to South Bend. He stated that nothing was set in stone, but hopefully another way to get a little extra help as we in the community work to solve this problem. Mayor Buttigieg advised that this might require action by the Council in order to commit more resources in the City to youth outreach and youth violence prevention. This is something that they will be crafting and working through the appropriate channels with the Council to build as they get to a more specific proposal. 10 REGULAR MEETING MAY 29, 2012 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:45 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 08-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201 DOUGLAS ROAD Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee reported that this committee met this afternoon on the bill and sends it to full Council with a favorable recommendation. th Larry Magliozzi, Assistance Director, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Magliozzi advised that the petitioner is requesting a zone change from R Single Family District (County) to CB Community Business District (City) to allow uses allowed in CB Community Business District. The site is vacant. To the north is Memorial Home Care zoned CB Community Business District (South Bend) To the east is a vacant outlot, part of the Brown Mackie College campus and a dentist office zoned CB Community Business District (South Bend.) to the south is a retention area for Brown Mackie College zoned CB Community Business District (South Bend) To the west are single family homes, zoned R Single Family District (County.) The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The total area is 0.75 acres. There is a 3,830 square foot building proposed, covering 12% of the site. The proposed 33 parking spaces, along with drives cover 44% of the site. The remaining 44% is open spaces. Access will be through the Brown Mackie site via an ingress/egress easement provided on the Douglas road partners Minor Subdivision. The Brown Mackie site to the east was annexed in 2001 and most recently rezoned in 2009. A subsequent subdivision in 2009 created two outlots along Douglas Road. Other recent activity in the area include Memorial Home Care, to the north, annexed in 2002 and rezoned in 2002 and 2005 and Horizon Bank, at the corner of Douglas and State Road 23, rezoned in 2009. Douglas Road is a four lane road with dedicated left turn lanes at the signaled intersections with State Road 23 and the entrance to Brown Mackie/Memorial Home Care. The site will be serviced by municipal sewer and water. The City’s Annexation Planner notes the annexation is 75.8% contiguous to the existing city limits, and City services, including water and sewer, can be made available. Therefore the project meets the requirements for annexation. No commitments are proposed. The rezoning is 11 REGULAR MEETING MAY 29, 2012 consistent with the City’s Comprehensive Plan. There are no other plans in effect for this area. This surrounding area is a mixture of residential and commercial uses, in the City of South Bend, City of Mishawaka, and unincorporated St. Joseph County. The most desirable use for this site would be commercial or office uses similar to the exiting surround businesses. Since the site is properly buffered, the residential property values to the west should not be affected. It is responsible development and growth to allow the compatible expansion of an existing commercial area. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes. Councilmember Henry Davis asked for a complete cost of this annexation. Mr. Magliozzi advised that will be in the presentation that Mr. Mike Divita will give to the Council as part of the resolution and the fiscal plan. As with all zonings and companion annexation there is a two-part presentation. He stated that his is strictly the land use presentation. Paul Phair, VP Development, Holladay, Properties, 227 South Main Street, Suite 300, South Bend, Indiana, made the presentation for this bill. Mr. Phair advised that this “CB” designation will allow a continuation of quality commercial growth along this corridor really at the time that Douglas Road was widened from the Mishawaka City line to S.R. 23 it made it a very safe and efficient corridor for transportation. It has really allowed it to grow commercially. Councilmember Henry Davis, Jr. asked what the plans for this land are. Mr. Phair stated that right now there aren’t any, no 100% finalized plans. It probably would be some sort of professional service or retail uses. It is a 1 acre lot there is a vacant lot next to it which may allow for a somewhat larger development, but it won’t be very significant. Most likely it is going to be used for medical purpose, dental, orthodontic or a retail service, it could be something along the lines of a H.R. Block, tax, insurance, but right now there is no silver bullet. Councilmember Henry Davis, Jr. asked how close this is to a TIF District. Councilmember White stated that there is no TIF District over there. Mr. Phair stated that this particular piece in not located in a TIF, he believes there is a small area over there, but this piece is not located in it. 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 Derek Dieter advised that he has been consistent with his vote on annexation since he was elected to this Council and that is until the Police Department and the City expand beat coverage it will of course go to the areas of calls if the Police are need, but like he has said since day one, we have annexed all this property over the last nine years and we are stretching the beat coverage of the police cars way too far. He advised that he will voting against this once if comes up for vote. Councilmember White advised that this bill is only having second reading and public hearing tonight. It will have third reading on June 11, 2012 due to advertising procedures. 12 REGULAR MEETING MAY 29, 2012 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Henry Davis, Jr. made a motion for unfavorable recommendation to full Council. Councilmember Dieter seconded the motion. The motion was defeated. Councilmember Gavin Ferlic made a motion to send Bill No. 08-12 to full Council with a favorable recommendation and set for Third Reading on June 11, 2012. Councilmember Schey seconded the motion. The motion carried. . RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, 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 7:58 p.m. Council President Derek Dieter presided with nine (9) members present. BILLS – THIRD READING There were no bills for third reading at this time. RESOLUTIONS RESOLUTION NO. 4183-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP DOUGLAS SOUTH ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.75 acres of vacant land, which property is at least 12.5% contiguous to the currently City limits, i.e. approximately 78.8% contiguous, generally located on the south side of Douglas road east of State Road 23 (17210 Douglas Road). It is anticipated that the annexation area will be used for commercial purposes as permitted by the zoning ordinance. This site will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and 13 REGULAR MEETING MAY 29, 2012 WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 32; thence North 89°16’18” East along the North line of said Section 32, 140.70 feet; thence South 00°12’28” West, 45.01 feet to the point of beginning; thence North 89°16’18” East parallel to the North line of said Section 32, 185.55 feet to a point on the West line of Douglas Road partners minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00°29’43” East along said West line of said Minor, 175.00 feet; thence South 89°16’18” West along the Northerly line of Lot 3 in said Minor, 187.70 feet to the East line of parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00°12’28” East along said East line, 175.02 feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right- of-way, easements, covenants and restrictions of record. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and 14 REGULAR MEETING MAY 29, 2012 drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid by the developer in compliance with State and Local law; that no additional street lighting will be necessary; and that no new roads or streets will be required with the existing boundary streets of Terrace Lane and Dunn Road to be maintained by County and City under a mutually agreeable plan. Section IV. It is a further condition of annexation that any future alterations to the property meet the City of South Bend’s building and zoning regulations and requirements. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon on this bill and voted to send it to the full Council with a favorable annexation. th Michael Divita, Planner, Community & Economic Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Divita summarized the fiscal plan. He stated that the fiscal plan addresses a .75 acre voluntary annexation area at 17210 Douglas Road which is east of S.R. 23. It meets the State Law contiguity requirement. No capital improvements are planned as part of the annexation. Sewer and water are available along Douglas Road and any connection to be done will be at the petitioner’s expense. The adjoining potion of Douglas Road is already within the City Limits and no additional street construction is anticipated. No residents th live within the annexation area which would be in the Common Council’s 4 District. The annexation area will be served by Police beat #11; Fire station #3; EMS Medic #3; and Code Enforcement Area #4. These and other non-capital services will be in place within one year of the effective date of the annexation with response times comparably to other areas of the city. Mr. Divita asked for the Council favorable adoption of this Resolution. Councilmember Oliver Davis asked how an annexation cannot be a hardship on various city departments like police and fire. He stated that they are going to be in negotiations with police and fire and this is one point that will be brought up. Mr. Divita stated that answer comes from the Police and Fire Departments Administrations. The fiscal plan is a compellation of information from those various departments. So, the police and fire administration review those versus what the service needs are and what the capabilities are. Most of the recent annexations you have seen have been pretty small, this is again a single parcel with ¾ acres, so the service needs would be relatively. He stated that it is true that over time there is an aggregate nature to them as added to, so in those cases, especially in the Police Department to look at the beats and as population shifts within the city or a crime pattern shift that would be their responsibility to adjust service accordingly. 15 REGULAR MEETING MAY 29, 2012 Councilmember’s Henry Davis Jr., Schey, Gavin Ferlic, Dieter, and Oliver Davis voiced concerns to Mr. Divita, concerning the voluntary annexation. Councilmember Dr. Fred Ferlic stated that if we want to create jobs in South Bend we better start looking to do things where people want to establish businesses. Paul Phair, Holladay Properties, 227 S. Main Street, South Bend, Indiana, advised that he appreciates the Council’s concerns regarding the annexation. He stated that this parcel of land is actually surrounded by the City of South Bend on the North, South and East sides. He stated that this is a little bit of a special case because it is actually closer to the city center than most of what’s around it, not much but it is a little bit closer. He reiterated that this won’t require any additional public investment outside of ongoing city services which certainly the real estate taxes will cover once developed. He stated that regarding the tax abatement that traditionally yes this type of user is traditionally not going to go for a tax abatement, that’s not to say that they can’t. However, if they do decide to apply for a tax abatement they would have to go through the city process and again come in front of the Council to get that tax abatement approved. So it is not as simple as putting in application and getting approved. James Lee, 1906 Delaware Street, South Bend, Indiana, stated that he is not speaking in favor or in opposition. He stated that he is also in favor of building business in South Bend. Mr. Lee questioned who is going to be employed at this potential business. He stated that low paying jobs will require a bus route. He questioned whether TRANSPO would extend their bus routes when then just cut several routes due to budget constraints. Douglas Joseph Thatcher, 239 N. Falcon Street, South Bend, Indiana, stated that as a Brown Mackie College Student, he questioned why there is no bus service to the school. He stated that he has attended Brown Mackie for three years and there has been no bus service to Brown Mackie. Councilmember Oliver Davis stated that on future annexation/rezoning bills he would like to see a transportation plan put into the fiscal plan. He stated that it does affect the routes. There was no one else present wishing to speak in favor or in opposition to this bill, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Henry Davis, Jr., Dieter.) RESOLUTION NO. 4184-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1801 COMMERCE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR R 2 DIAGNOSTICS, 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 1801 Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: E PT Lot 25 Airport Industrial park Phase II- Sec 33-38-2E Cont .40 acres+/- W 287 FT of Lot 25 Airport Industrial Park Phase II-S.W.1-4 Sec 33 -38-2E 1.57 acres S 80-5 FT of Lot 24 S.W. Sec 33-38-2E and which has Key Numbers 025-1008-033502; 025-1008-033508; 018-2183-688612; and 018-2183-688603 be designated as an Economic Revitalization Area; and 16 REGULAR MEETING MAY 29, 2012 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 five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply 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. Jeff McGowan, CPA, 210 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. Mr. McGowan advised that R2 Diagnostics, Inc. manufactures and sells clot based diagnostic kits that test for bleeding and clotting disorders. R2D uses proteins from Enzyme Research Laboratories (ERL) to ensure the highest quality final products with no lot-to-lot variation. ERL is the primary supplier of coagulation and fibrinolytic proteins for the research community. The Company’s products are distributed worldwide to researchers and pharmaceutical companies to aid in the development of novel therapeutic compounds and assays to diagnose and treat coagulation/hemostatis disorders. R2D intends to purchase equipment in the amount of $459,500 to complement current equipment in order to support client demands and higher volume. Total Taxes to be paid are estimated at $29,068. Per the petition, it is estimated that the total project will create at least two (2) new, permanent full-time jobs in the first year of production with an annual payroll of at least $65,000. The project will maintain fifteen (15) existing, permanent, full-time jobs and one (1) part-time job with a total annual payroll of $800,000. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis, Jr., asked Mr. McGowan if the tax abatement process was a long arduous process. Mr. McGowan stated no, he did not think of it that way. He stated that it’s much simpler than the one to fill out for a building; the building is much more complex. He stated that 17 REGULAR MEETING MAY 29, 2012 he has done several of these and there is a considerable amount of paperwork, but it’s certainly not in any manner arduous. Mr. Lee asked if there was any type of apprenticeship type positions. Mr. McGowan stated that he was not aware of any. Councilmember Dr. Fred Ferlic asked if R2 Diagnostics work was fairly sophisticated scientific work. Mr. McGowan stated that he is a tax representative for R2 Diagnostics. He stated that he is informed of what the company does, but they are his CPA firm and a tax representative. Mr. McGowan advised that the work is fairly scientific. Councilmember Dr. Fred Ferlic asked what type of person, what qualifications would you need to be an apprentice there? Mr. McGowan stated that he guessed he would be curious in what regard does an apprenticeship mean? Is it an internship; high school; college etc. Councilmember Dr. Fred Ferlic stated that what he is getting at is that an apprenticeship at this company is much different than an apprenticeship at other companies. He stated that this company is very sophisticated scientifically; he stated that he is almost sure that someone would have to have a very scientific background to be doing work there. Mr. McGowan advised that it is very specialized equipment and also hazardous medical materials that go along with it. So, yes it would be. 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. RESOLUTION NO. 4185-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL-MOGUL POWERTRAIN, 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 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, nd Range 2 East, 2 P.M., St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East-West Half section line of said East Half North 88 degrees 53 minutes 36 second East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East-West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a 18 REGULAR MEETING MAY 29, 2012 radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East-West half section line of said East half the point of beginning, and containing 26.203 acres, more or less and which has Key Number 25-1013-0218 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 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 Trent Rock, Plant Manager, Federal-Mogul’s Piston Plant, 3605 W. Cleveland Road, South Bend, Indiana, advised that they are asking for a tax abatement on $22 million dollars in new investment. He stated that it would be used to secure their ability to serve their customers competitively with a most cost effective foot print in years ahead. He stated that they employ approximately 400 people and anticipate a minimum of 20 more to come on board with this investment. This should have about a million dollar payroll. 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 Oliver Davis made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 12-37 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 19 REGULAR MEETING MAY 29, 2012 BILL NO. 12-45 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 (FIVE) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC AND/OR ITS AFFILIATES Councilmember Oliver Davis made a motion to combine Bill Nos. 12-37 and 12-38 for purposes of Public Hearing. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4186-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 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 1217 S. Walnut Street, South Bend, Indiana 46619, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89°23'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, 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 20 REGULAR MEETING MAY 29, 2012 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 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 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 RESOLUTION NO. 4187-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 (FIVE) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC AND/OR ITS AFFILIATES 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 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89°23'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. 21 REGULAR MEETING MAY 29, 2012 and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, be designated 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 Real 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 Real property tax deduction for a period of 5 (five) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply 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 st Richard J. Deahl, Attorney, Barnes 7 Thornburg, LLP., 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, along with Robert Strzelecki, Controller, Lock Joint Tube, 515 W. Ireland Road, South Bend, Indiana, made the presentation for these bill. Mr. Deahl advised that Lock Joint Tube owns and operates a facility on West Sample Street and are engaged in the manufacturing of structural and mechanical grade steel tubing and this investment is an investment of between $1 and $1.6 million dollars to increase the size of their facility and the usability of their facility by adding on 30,000 square feet and adding a new and kind of raising the roof on 60,000 square feet and then investing more than $8 million dollars in new equipment that will enhance their capabilities. This will result in an estimate of between 7 and 11 new jobs representing payroll of an additional $210,000 to 4330,000 and allow them to retain their existing workforce of 56 employees with payroll of over $2 million dollars. 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 these Resolutions, Councilmember Oliver Davis made a motion to adopt Bill No. 12-37. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Oliver Davis made a motion to adopt Bill No. 12-45. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4188-12 A RESOLUTION WAIVING THE REQUIRED 22 REGULAR MEETING MAY 29, 2012 FILING DATE OF MAY 15, 2011 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW MANUFACTURING EQUIPMENT LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4000-09 FOR PRAIRIE APARTMENTS HOUSING PARTNERS II, L.P. LOCATED AT 2630 PRAIRIE AVENUE Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common Council of the City of South Bend, Indiana commonly known as 2630 Prairie Avenue, South Bend, Indiana had adopted RESOLUTION 4000-09, pursuant to Indiana Code 6-1.1- 12.1to be an economic revitalization area for purposes of ten (10) year real tax abatement for Prairie Apartments Housing Partners II, L.P. Whereas, Resolution 4000-09 was presented and adopted by the Common Council November 9, 2009. Mr. William Hollingsworth as petitioner representative was in attendance. Whereas, Mr. Hollingsworth states that the Application for Deduction from Assessed Valuation for a New Apartment Complex in Economic Revitalization area ( Form 322) was prepared and given to a representative of the Department of Community and Economic Development. Whereas, the Auditor’s Office states that it has never received the required Form 322 from a representative of the Department of Community and Economic Development. Whereas, the tax bill which was to have been 100% abated results in a tax being due of $184,724.56. Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. There has been a change in the personnel in the Department of Community & Economic Development and the required Form 322 cannot be found in the department files. B. The stated property cannot afford this large tax bill at the present time. C. Prairie Apartments Housing Partners II, L.P. has met or exceeded all financial goals stated in their original petition for a tax abatement. The initial cost of the project was estimated to be $8,000,000 and the actual cost was $9,850,000. Two new positions have been created and three old positions have been retained as stated in the original petition. E. The project is an outstanding asset to this community. Phase I and Phase II of the project remain 100% occupied with a waiting list attesting to the quality of the project and the management. F. Prairie Apartments Phase I won the 2009 Apartment Association of Indiana’s award for Best Affordable Apartment Complex in Indiana. G. Phase I and Phase II of the project remain in good financial standing with 100% of all creditors and vendors. H. All other required documentation has been received from Prairie Apartments Housing Partner’s II, L.P. by the required due dates. 23 REGULAR MEETING MAY 29, 2012 SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. th SECTION III. The Common Council hereby waives the filing deadline of May 15 2011 and pursuant to Indiana Code 6-1.1-12.1-4.8 adopts this resolution that authorizes acceptance. s/Derek D. Dieter Member of the Common Council Councilmember Henry Davis, Jr., 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. Council Attorney Kathleen Cekanski-Farrand advised that she recommends to the Council to consider an amendment to two parts of the bill. The third whereas clause, second line strike the words manufacturing equipment and insert instead apartment complex. In paragraph F in Section I. on page two (2) if you would strike the first word Portage and instead begin with Prairie Apartments. Councilmember Gavin Ferlic made a motion to accept the amendments as read into the Record by Council Attorney Kathleen Cekanski-Farrand. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Bill Hollingsworth, Owner, Prairie Apartments Housing Partners II, L.P. 2630 Prairie Avenue, South Bend, Indiana, made the presentation for the Resolution. Mr. Hollingsworth advised that filed a 322 Form RE last year to the City and it unfortunately never got to the Auditor’s Office and filed into their system. He stated that he did not know that of course until this tax came out and he was supposed to have 100% tax abatement for the economic revitalization that they did to area and unfortunately they had an $184,000 tax bill which should have been 100% abated. To get to that they promised to get $8 million dollars of economic development for the non-manufacturing apartment complex and ended up building 96 units at $9.85 million which is 23% more than what they had promised. He stated that they met every other single threshold including two new positions, maintaining three; salary, employee health benefits, training; and are occupied at 100% on Phase I and Phase II. Phase I actually won a 2009 Indiana Apartment Association best Section 42 Affordable Housing Complex Award. He stated that they have not been nor do they plan to be in a rears with any vendor including the City. Because of the bill coming out they actually did fund $92,000 to the City to make sure that there was no tax lien. He stated that hopefully the Council will see that to no fault of theirs that tax abatement never showed up on their tax bill. Councilmember Henry Davis, Jr. had some safety concerns at the apartment complex. Councilmember Oliver Davis stated that on May 16, 2012 at 6:30 a.m. he and Mayor Pete th Buttigieg took a tour of the 6 District and they talked and rode around to the apartment complex and he showed him the problem that is happening in terms of the fact of where the apartments are to where the TRANSPO bus route was. He stated that the sidewalk stops at the gas station. He stated that is what he is working on and that is where it is at this point. 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 Oliver Davis made a motion to adopt this Resolution as amended. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 24 REGULAR MEETING MAY 29, 2012 RESOLUTION NO. 4189-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT KENNEDY PARK AND BELLEVILLE PARK BECOME PRIORITIES FOR OBTAINING MORE PLAYGROUND EQUIPMENT AND UPDATED SHORT AND LONG TERM CAPITAL PLANS Whereas, Kennedy Park located on Olive Street at Westmoor Street contains 38.56 acres and Belleville Park located on Evergreen Lane at Meadow Lane are dedicated to park and recreational activities in the City of South Bend; and Whereas, Kennedy Park and Belleville Park are listed among the eighty (80) listed parks and facilities on the South Bend Parks & Recreation official website; and Whereas, in 2000, the Kennedy Water Playground opened as a “low-depth, interactive water playground which is geared for children between 18 months and 10 years of age; with some of the features including a slide, tire swing, and multiple spray features being available for fees if 3 years or older with the facilities being opened from thth June 7 to August 8; and Whereas, on April 12, 2004, the South Bend Common Council passed Ordinance No. 9500-04 which approved the transfer of 0.374 acres of the northern portion of Kennedy Park to the City of South Bend in order to permit the City to straighten and make other improvements to Bendix Drive; and Whereas, in the interest of addressing the growing needs of the residents and visitors who frequent Kennedy Park and Belleville Park this Resolution is being filed so that there will be discussions with the Park Department and Board of Park Commissioners before the 2013 budget process begins. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, believes that South Bend provides great park and recreational opportunities throughout our city. Section II. The Council believes that there continues to be a growing and sustained demand for more playground equipment at Kennedy and Belleville Parks which should be addressed before next year’s budget process begins. Section III. The Council further believes that positive discussions should take place so that the needs in these two (2) popular parks may take place. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Oliver J. Davis Member of the Common Council s/Henry Davis, Jr. Member of the Common Council Councilmember Henry Davis, Jr., Chairperson, Community & 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. Councilmember Henry Davis, Jr., 5117 Idlewood Drive, South Bend, Indiana and Councilmember Oliver J. Davis, 1801 S. Nash Street, South Bend, Indiana, made the presentation for this Resolution. 25 REGULAR MEETING MAY 29, 2012 Councilmember Henry Davis, Jr., stated that this bill before the Council is actually basically asking for support from the City and City Department Heads to look at Belleville Park as well as Kennedy Park as priorities within our city. He stated that he is not going to bore everyone with the language within the bill, however, he did have an opportunity to be visited by more than 30 students from Navarre Intermediate School this afternoon who also came to the Council pressing to make sure that updates at Belleville th Park which is located within the 6 District are going to happen, and they also had nd residents here right now from the 2 District for Kennedy Park. He stated that they are asking that these things are a priority. There are things that can actually be done before the budget session happens, they are asking for that as well. He stated that they want to make sure that we all understand that these things are not there that we are looking for and that they are asking for and they want to make sure that again they are a priority. Councilmember Oliver J. Davis stated that they had something come before the Council earlier regarding Belleville Park and the vandalism and fire, and it was requested that parts of the money be used on the east side of the City, which they agreed to do and then looking back there was more hind sight that they could have probably looked at issues regarding what the five year plan is and seeing if they have met all those needs had been met in the Belleville area. He stated that many of the young people said that the money was earmarked for that area and so why didn’t the Council look at that. He stated that he thought that was a legitimate concern. He stated that with the Kennedy Park enclosure and putting the fence around everything, they need to make sure that they have more public access to that. He stated that he would like a letter to be sent from the Council to ask for more of a public partnership to work on that issue. A Public Hearing was held on the Resolution at this time. The following individuals were in favor of this bill. Phil St. Clair, Director, Parks & Recreation, City of South Bend, 301 E. Walter Street, South Bend, Indiana. Mr. St. Clair advised that he spoke during the committee meetings this afternoon regarding Kennedy Park and Belleville Park. He stated that those parks are good parks, they are well maintained parks. It’s unfortunate that they had a vandalism issue last year out at Belleville and they are currently making every attempt at this point to have the playground equipment at that facility replaced. He state that he would love to come before the Council and ask for capital appropriations for parks, and if the Council so chooses to support the revolution, he will be back with some capital requests for Kennedy and Belleville. He stated that there are a lot of parks within the City of South Bend, 58 of them, and they feel like they have maintained all very well and all of them are used a lot. A lot of the parks have very specific activities that go on there, Kennedy it’s the pool and Belleville with the complex, Potawatomi it’s the zoo; O’Brien it’s the skate park; every park has something, but they try to in addition to that they try make sure that each park has an adequate amount of playground equipment and the ability to be accessible as well. He stated that they are working on that and would certainly support any initiative by the Council that would help them obtain those capital goals at their parks. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, advised that the members of the Lincolnway West Gateway Association are in support of this resolution. Valerie Sims, 1636 Florence Street, South Bend, Indiana, advised that she is a member of the Kennedy Park Neighborhood Association. She stated that there is currently no playground equipment at Kennedy Park. She stated that to use the water park, you have to pay a fee to get into the park. She stated that the playground equipment at Kennedy School is enclosed and not accessible. Gloria Norris, 510 Birdsell Street, South Bend, Indiana, advised that she is the coordinator for the Holy Trinity Focus Group at Holy Trinity Church. She reiterated that there is nothing at Kennedy Park. She stated that there were a couple of benches, but as far as playground equipment is concerned there is nothing. 26 REGULAR MEETING MAY 29, 2012 Marilyn Gashaw, 2514 W. Kenwood Avenue, South Bend, Indiana, advised that she lives a couple of blocks from Kennedy Park. She stated that her concerns are more with equity and policies that are fair. She stated that parks no matter where they are located are equal. Graylin Watson, 2010 Gertrude Street, South Bend, Indiana, advised that it just occurred to him that Kennedy Park has no playground equipment for the children to play on but the City had just spent over a million dollars for dogs. He asked the Council which one is more important? Our children or the dogs! Carol Davis, 1630 Lincolnway East, South Bend, Indiana, advised that she is all for the parks and as far as she is concerned the pets are just as important as the two-legged variety. Vera Peel, 2715 Bonds Avenue, South Bend, Indiana, stated that she is appalled that someone in our community and that’s the problem that they have right now on the west- side is that pets are considered more important than our children. The attitude of these people, she stated that she pay taxes just like everyone else. She stated that she does not have a child or a pet, but she is appalled that a community person could say that a dog is more important and try to insinuate that other people don’t do things to raise or pay taxes and that people that have animals do. She stated that she is in favor of this bill. Douglas J. Thatcher, 239 N. Falcon, South Bend, Indiana, stated LaSalle Park Homes on the west side has a park with rusted swings and deplorable playground equipment. He stated that he has a two year old son who should have a nice place to play. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt this Resolution. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a Roll Call vote of nine (9) ayes. RESOLUTION NO. 4190-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT DISCUSSIONS BE INITIATED WITH THE SOUTH BEND REDEVELOPMENT COMMISSION ON POTENTIALLY ADDING A PORTION OF LINCOLNWAY WEST TO THE AIRPORT ECONOMIC DEVELOPMENT AREA Whereas, in 1990, the Airport Economic (Blackthorn) Development Area (AEDA) was established which is composed of 5,281 acres and includes immediate access to the South Bend Regional Airport, the Indiana Toll Road and the U.S. 31 Bypass also known as the St. Joseph Valley Parkway; and Whereas, in 2007, the AEDA was expanded to include the former Sample Ewing Development Area which consists of 2,349 acres and was originally created in 1993 when the Studebaker Corridor and the Rum Village Industrial Park were consolidated; and Whereas, in 2007, the AEDA was further expanded to include the industrial areas between the original Blackthorn area and the Sample Ewing Development Area plus portions of areas in the West Washington Development Area and parts just west of the WWDA which together consisted of 333 acres bounded by Western Avenue, Olive Street, Washington Street, Chestnut and Cherry Streets; and 27 REGULAR MEETING MAY 29, 2012 Whereas, boundary changes may be made to Economic Development Areas, and require an amendment to the Plan for the area by the Redevelopment Commission and must also be approved by the Area Plan Commission and the Common Council; and Whereas, in June of 1999, a “Lincoln Way West Commercial Corridor Revitalization Action Plan” was published with this 41-page document setting forth the following goal: “To establish Lincolnway West as an attractive entrance to Downtown South Bend that also provides neighborhood commercial nodes that satisfy the convenience, services, and employment needs of nearby residents and commuters” [as well as to satisfy the stated national goal of ‘smart growth’ by providing redevelopment sites that avoid the detrimental affects of sprawl”. (Lincoln Way West Commercial Corridor Revitalization Action Plan, p. 2) Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, believes that despite the efforts made under the 1999 Lincoln Way West Commercial Corridor Revitalization Action Plan, that the City of South Bend needs to re-dedicate its efforts to improving this main western entrance to Downtown South Bend, Indiana. Section II. The Council believes that there are far too many blighted areas along Lincoln Way West which provide a negative impact not only the residents and businesses along this main thoroughfare, but also to visitors to our city.. Section III. The Common Council further believes that improving Lincoln Way West should be a top priority moving forward. The Council believes that dialogue with the South Bend Redevelopment Commission, the staff of the Community & Economic Development Department provide an opportunity as to whether a significant portion should be included into the Airport Economic Development Area. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Henry Davis, Jr. Member of the Common Council s/Karen L. White Member of the Common Council Councilmember Henry Davis, Jr., Chairperson, Community & 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. Councilmember Henry Davis, Jr., 5117 Idlewood Drive, South Bend, Indiana and Councilmember Karen L. White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this Resolution. Councilmember Henry Davis, Jr., advised that he and Councilmember White have talked with the Council about the lack of development and lack of planning for Lincolnway West as it relates to what they see and what they offer to people who come into the community to retain business or attract business and for the people who live there as well. There has been a perception that that stretch of highway that runs through our city as being very unsafe, run down, drug infested along with prostitution. He stated that what they are asking is for potential investment from the City of South Bend to allow that area to grow in the way it used to. He stated that it’s a main corridor, they don’t want people to obviously not want to go down Lincolnway West, they don’t want people going on the by-pass going around the city and spend their money in Mishawaka area, the Granger area, they want them to stay right here. He stated that they want to present a very 28 REGULAR MEETING MAY 29, 2012 beautiful picture of how South Bend is welcoming and that we are also growing. He stated that it is time for it to happen. He stated that they started with the LaSalle Square plan and moving turtle slow with particular plan however, they have to add it to the TIF District so that things are going to get happening over there. Lincolnway is lot bigger than just LaSalle Square and definitely want that part of the community to be as vibrant as possible by it being a main thoroughfare coming straight from the airport. He stated that we need to value it. Councilmember White added that for probably the last two years we have had some discussions with regard to expanding the Airport TIF Area to include Lincolnway West to the Downtown Area. She stated that Lincolnway and all the other corridors are the main entry way into the City and for a period of time a number of business and individuals coming to the airport have taken other routes into the city not wanting to come down Lincolnway West. She stated that there are a number of vacant and abandoned homes and she believes that this is a great opportunity to begin discussions with the Community & Economic Development Department along with the new director as well as with the Redevelopment Commission to start the conversations to begin to expand the Airport TIF to include the Lincolnway Corridor. She stated that they do know that it is a process, the last time the Airport TIF was expanded to include LaSalle Square, it was about two years that they had to work through that process, but it is important and time now to begin those discussions to look at expanding the Airport TIF to address one of the main corridors into the City of South Bend. She asked the Council for their favorable support of this Resolution. The following individuals spoke in favor of the bill: Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, spoke in favor of this bill. He thanked Councilmember’s Henry Davis and Karen White for sponsoring this bill. He stated that this is long overdue. He stated that it was mentioned in many of the Councilmember’s re-election campaign agendas. He stated that he has a couple of concerns: If we add this area to the TIF District, he hopes that we can get rid of or retire the same amount of area in other TIF Districts. As it stands, even with retiring the one TIF District on the Southside, this would probable put South Bend over 40% more land mass in TIF’s. He did not want to see any more pressure on the general fund if at all possible. He stated that he hopes that part of the process would be to look at housing TIF’s given the fact that this does include housing along Lincolnway West. He asked if it would strictly be just Lincolnway West or would it go a block north or south? He looks forward to the discussions and hopes they will be fruitful and successful and at the same time not putting anymore pressure on the general fund. Vera Peel, 2715 Bonds Avenue, South Bend, Indiana, stated that she agrees with everything that Mr. Niezgodski has said. Valerie Sims, 1636 Florence Street, South Bend, Indiana, advised that she is in full agreement with Councilmember’s White and Henry Davis. She stated that she would like to see the area expanded to go a couple of blocks north and south of Lincolnway West. Marilyn Gashaw, 2514 W. Kenwood, South Bend, Indiana, stated that she supports the TIF being used for Lincolnway West, but she would also like for the TIF to pay attention to the corridor at Bendix and Lincolnway. She stated according to the Redevelopment Plan there was a plan to work with that corridor and open it up into LaSalle Square. She would like to see that added to the plan. She believes it would impact that area very much. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a Roll Call vote of nine (9) ayes. 29 REGULAR MEETING MAY 29, 2012 BILLS - FIRST READING BILL NO. 17-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY 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 June 25, 2012. Councilmember Scott seconded the motion which carried by a vote of nine (9) ayes. BILL NO. 18-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community & Economic Development Committee and set it for Public Hearing and Third Reading on June 25, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: BILL NO. 12-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 11, 2012. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS PRIVILEGE OF THE FLOOR Jeffrey L Green, 814 E. Jefferson, South Bend, Indiana, stated that he has been here five (5) times speaking about the Street Department. He stated that he worked there for 9 years 3 months. He stated that he brought awareness about a police surveillance camera used against him for disciplinary reasons, discrimination, and abuse of authority, illegal hiring practices, and nepotism. He stated that he never had a problem with his job until he spoke out about his God given rights. He stated that he was fired doing so July 15, 2010. He stated that he has four (4) EEOC complaints and a right to sue letter. He stated 30 REGULAR MEETING MAY 29, 2012 he heard a wise man say “cut us in or cut it out.” He stated that he wants to be cut in, regardless of our offices political offices, spiritual offices, if we don’t stand up on behalf of those being deprived how can we be about integrity. Most of us think we have a position to protect and we are afraid and want to protect out friendship that is mistreatment to the people. If you want their friendship then you have already lost the friendship of God. Cut him in. Mario Sims, President, CEO, of the newly formed citizens watchdog group named Citizens United for Better Government, 415 W. LaSalle, South Bend, Indiana, which is the address of the Emmanuel Community Church. Read a letter that was address to Greg Zoeller, Indiana Attorney General, Phil Whitesel, Indiana State Police, Mike Dvorak, and St. Joseph County Prosecutor. Gentlemen: The media reported on May 24, 2012 that a South Bend Police Officer filed a formal complaint alleging that the Commander of the St. Joseph County Metro Homicide Unit of threatening him. Because it is unclear if this threat stems from the fired South Bend Police Communications Director, Karen DePaepe, claimed to have heard several officers discussing illegal activity in making racists comments on tapes. It would appear to be entirely appropriate for the public to request an investigation into the alleged threats and that the investigation be conducted by the Indiana State Police and the Office of the Attorney General currently media reports state Mr. Dvorak has indicated his office will review the threats. This poses a potential conflict, but not only does the commander of the St. Joseph County Metro Homicide Unit report to Mr. Dvorak, there are rumors that at least one member of Mr. Dvorak’s staff was either mentioned or in fact was heard on the tapes in question. He stated in the past knowing he may be called as a witness St. Joseph County Prosecutor Mike Dvorak successfully petitioned a court to appoint former Vanderburgh County Prosecutor Stanley Levco to serve as a special prosecutor in the investigation. Mr. Dvorak also takes pride in the mission of St. Joseph County Prosecutor’s Office promoting a fair, impartial, and expeditious justice system. Further they are aware that the Indiana Attorney General’s Office committed to supporting local law enforcement agencies and prosecutor’s offices in their efforts to fight crime. In some instances the office can assist in criminal investigation and prosecutor at the request of local officials. He stated that he is here today in addition to that request to ask the 2004 Indiana State Police report case #2425862 be publicly aired, and asking that the City Council under the corporal and procedures join them in their request. He stated that he will circulate copies of this letter to the Council after the meeting. He also stated that they will have a letter that will present to the Mayor that one of his associates will read. Rev. Greg Brown, 1238 Diamond Ave, South Bend, Indiana, stated that Citizens United for Better Government, read a letter that will be submitted to Mayor Pete Buttigieg: Dear Mayor: May 18, 2012 during a meeting with local leaders and Bishop Travis Grant of the Rainbow Push, you pledge to do three things: 1. Develop an advisory board made up of community leaders who represent the make-up of the City of South Bend, join in efforts to push for appeal for the federal investigation into the South Bend Police Department phone call recordings tapes along with the South Bend City Council and Rainbow Push investigation contents of the tapes. Once the City has accessed the tapes, hold those that are making racial and criminal remarks accountable by due process. He stated that what they are asking for is for the people to hear them. He stated that at the last Council meeting he said that if we can’t wake South Bend up, they were going to shake them up. He stated that they stand in a family fight as a group of people that believe in what is going on in this city, that we are not a dying city, that we a city that can stand together, there is so much going on as Mr. Bush stands behind him, investigations have went on that’s not complete. An investigation of the lady sitting here to the left of him, where he son was out their hung, its things that are not answered and he is asking to get to the end of these matters so they can grow farther. He stated that we as the people are asking to hear our voice. Jesse Davis, 1333 Calvert, South Bend, Indiana, stated that he has two concerns or questions. He read the articles in the paper about the letter that was sent to the Mayor’s offices asking that the tapes in question be preserved and the integrity be kept in tacked. He stated that he thinks for some reasons three of the Councilmember’s the two Ferlic’s and Ms. Schey did not sign the letter. His questioned why they did not sign the letter that is just saying let’s go ahead and kept the integrity of the tapes safe so that they can’t be 31 REGULAR MEETING MAY 29, 2012 tampered with or destroyed. He stated that he believes all of their constituents as well as any of the other Councilmember’s probably would like that to be done. He stated that his second question was he was kind of curious; they talked about the timeframe in getting a new chief of police. He stated that he is curious what the time frame was for hiring the Director of Public Works. He stated that he believes the Director of Public Works announced his retirement in December and we were told that his is working on a volunteer basis. He stated that he has seen a lot of bids that are going out that are kind of odd. Mr. Davis gave a letter to City Clerk John Voorde to give to Council President Dieter. He stated that with the Director of Public Work’s salary getting an increase it shouldn’t be too hard to get that position filled. Jake Teshka, St. Joseph County Republican Party, 4133 Main Street, South Bend, Indiana, stated that as a representative of the Republican Party of St. Joseph County, he wanted to applaud and commend the City Council for all their efforts in assisting in transparency in the matters regarding and surrounding the demotion of Former Chief Boykins and Ms. DePaepe. He stated that all the folks in the audience with blue shirts, the fact that Rev. Jesse Jackson, and his group have gotten involved, this isn’t an issue that is going away. He stated that he just wanted to reiterate their support for anything that the Council can do to dig deeper into this issue and uncover the truth. He stated as citizens of South Bend we deserve to know what is on those tapes. He stated that he thinks given what has come to light recently that was reported by the South Bend Tribune and other folks in the media about the conversation that took place between Tim Corbett and Officer Stilp, he thinks if points to the fact that there is something on those tapes, that there is something that is being hidden from us. He thanked Ms. White for her earlier statement about moving forward in the process of finding a new chief, asking for transparency, however, he thinks that transparency also needs to be retrospective and he thinks they need to know what has gone on within the police department, within the Mayor’s office. He stated that when the Mayor was up here stated that he would be asking for public input into the hiring of the next Police Chief, and with all due respect to the Mayor, he thinks that for the last couple of months the public has been giving you their input and it has been paid no mind. He just reiterated that the Republican Party support for your efforts and we come from all different end of the political spectrum but this is not a political issue, this is a community issue, and it is one that is tearing apart the community and so they stand here today in support of these fine folks here and the Council and anything that can be done to uncover the truth. Vera Peel, 2715 Bonds, South Bend, Indiana, thanked her Councilmember Henry Davis, Jr. and Councilmember and police officer Derek Dieter, for coming to the community and explaining what is going on as far as policing is concerned and to see what their concerns are in the neighborhood. She stated that she lives in the neighborhood where those yellow poles are in the street and lives on a street that has been blocked off with some construction that was done over in that area. She stated that the area looks like a war zone. She stated that there is no where in the City that looks like this and it is a disgrace. She stated that she is appalled that things like this are being done to the west- side. She stated that we constantly talk about what is going on the west-side and she stated that she spoke earlier because of the comment that was made is how the city feels about us on the west-side. Terrell Jackson, President, NAACP, 1725 Georgian Dr., South Bend, Indiana, stated that the mission of the National Association for the Advancement of Colored People, known as the NAACP, is to ensure that political, educational, social and economic equality of the rights of all persons and to eliminate racial hatred and racial discrimination. The South Bend branch of the NAACP has been working toward this goal for the past 40 years. A large part of this has been due to us monitoring and building a successful relationship with the South Bend Police Department. In keeping with this tradition and in the spotlight that has come upon this department in the last few weeks, it is their decision to encourage the elected officials to have an open and transparent policy in the future decisions being made to the employment of all levels of this city’s police department. He also noted that if future investigations will discover that a miscalculation was made in the removal of the previous police chief to promote healing in the South Bend community they are requesting that the situation will be made whole for all who are affected by our city administration. He stated that it is their hope that they will see more diversity in this 32 REGULAR MEETING MAY 29, 2012 area of leadership and a city that has 35% minority. He stated that they look forward to proudly supporting and working together with you on this matter. Graylin Watson, 2010 S. Gertrude, South Bend, Indiana, Pastor, Jesus Rock Church, advised that he is very familiar with the police department. He stated that he lived on the side before this side. He stated that he was listening to the news, and the prosecutor saying that there will be no investigation over Tim Corbett threatening another South Bend Police Officer. He questioned the Council, Mayor and City if that would have been him that did the threatening, and then he would have a case. Where somebody would be investigating, and the prosecutor would definitely be looking into it. He asked why isn’t this being looked into. He stated that he feels like we have a problem. Because either he is threatening or he lied, and either way it goes, there is a problem in the system. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, commented on trees. He stated that as we all know we are going to lose a lot of them because of the ash boar problem. He stated that he is really concerned about East Colfax, Washington and those areas where we are doing our CSO project and cutting down none ash trees and would like to see a halt to that project right now, before we destroy anymore of our neighborhood. He stated that he wanted to make sure that those bricked lined streets, have the bricks put back, and if we can preserve any of these trees, from what he read in the paper it is because we have to use bulldozers and it would be more expensive to use jackhammers. Let’s do it right, let’s preserve our neighborhoods. He stated that if we are going to lose a bunch of ash trees we are going to go, and he was just down East Washington, it looks terrible, they have destroyed the home values and planting a few flowering crab trees is not going to replace it. He reiterated that he hopes the bricks are replaced and hopes that the city looks into getting a second opinion; if he was a patient he would always get a second opinion, maybe even a third. There maybe a better way to go about this project without destroying these beautiful neighborhoods on the east side of South Bend. Mr. Niezgodski filed his South Bend Common Council Privilege of the Floor form with Council President Derek Dieter. Marilyn Gachaw, 2514 W. Kenwood Avenue, South Bend, Indiana, stated that she just wanted to remind Karen White and Henry Davis, Jr., that Kennedy Park Neighborhood Association has requested signs for their alleys. She stated that they have submitted a letter and also pictures designated which alleys, and if they would get back to them concerning this matter. Darryl McKinney, 501 Alonzo Watson Drive, South Bend, Indiana, thanked Mr. Davis for reminding our Mayor about the bridge on Chapin Street. He stated that Mayor Buttigieg promised some money for that bridge. He stated that nothing has been done and it is a safety concern for the children over in that area. He stated that they have a brand new Kroc Center up there, and sometimes when he talks to him about it, he thinks that it is a joke, and try to put it on the back burner. He stated that some people in here think it’s not a joke to him or people in the housing authority. He stated that it is very serious that the bridge really gets taken a look at. He stated not only the bridge, the South Bend Silverhawks also the Kroc Center, the kids that reside over their in those projects have a brand new Kroc Center up there, kids are out their playing constantly, playing soccer, while other kids have to look at them. That is totally unfair, and on the other side you got the Silverhawk’s fire works going off every night and its things like that and it’s the kids projects and that’s where he used to play at, and what are the kids celebrating over there in those projects, they can’t get in, it’s supposed to be the South Bend Silverhawk’s, their prices are so high the kids can’t get in now. Dollar night is gone, so what are their celebrating, what should the kids be celebrating over there in those projects. Let the kids get in, let their families get in at cheaper prices or at least notify the people who live in those areas that there is some type of thing that they can celebrate with sometimes on Friday nights when those fireworks are going off, give them some tickets to go in their and they can watch a baseball game or something like that. He stated that you keep saying like some other folks said you’re talking about kid violence, when the Mayor started off talking about youth violence. This is going to be, without the kids having something to do right off the bat. You are going to see more violence down the road from these kids who aren’t participating in anything. Participation is going to be the biggest thing that these young kids growing up now are going to need. He stated that 33 REGULAR MEETING MAY 29, 2012 they should give those kids in those projects a park. He stated that something definitely needs to be done inside those areas inside those projects and give them a park. If you want to see some real bad sad parks walk through those projects and watch those little kids and see what they have to play on. Samuel Brown, 222 E. Navarre, South Bend, Indiana, stated that he represents Citizens United for a Better Government. He stated that it really bothers him when a police officers is threatened, like anybody, that really hurts him. He stated that he is going to make sure that any police officer that is threatened by someone and needs community help, he is going to lead the rally on that. He stated that he has done it in the past, for Officer Sam Diggins. He held a community rally for him when his job was threatened by someone. He stated that Nancy Sulok wrote the article. He stated that if any officer would come forth and call him and let him know that they were threatened and feel that their job was on the line, he will be their fighting for them. He asked the Mayor that he stated he would be looking inside and outside the City for new Police Chief, if he would reconsider reinstating Mr. Boykins ? He stated that he believes he was a great asset to the community. He wondered if the Mayor would give him a fair chance. Douglas J. Thatcher, Falcon, South Bend, Indiana, stated that he has questions for the Mayor and Council. He asked when you ask to have young people vote for you who do you put first? The young people or yourself? He stated that he thinks the people should come first, because the constitution is “we the people” not “we the people in power” we the people help the people. He stated that we cannot help ourselves, if you do not help us. He stated that they need the Council and Mayor to help them. He stated that he voted for Mayor Pete and so far he stated that he has not done a lot of good things in his opinion. He wrote to the Mayor on twitter “stated that these roads are dangerous” public safety is his main concern as well as the parks, the bus issue that he spoke about earlier. If you go to the intersection of Main Street and Western Avenue, you have lanes go from two done to one lane with no signage saying so. He stated that the roads are deplorable and the wear and tear on people’s vehicles is horrendous. He also reiterated his concern with TRANSPO and the cutting of bus routes. He stated that the bus routes need to be re- evaluated and expanded to accommodate all the new development in the city. Willie Jr., 817 W. Colfax Avenue, South Bend, Indiana, stated that his is a sixty-five (65) year resident of South Bend and loves the City and is very much committed to it. He stated that he has never in his 65 years see or heard of a situation as egregious as this current situation regarding these tapes. He stated that he has no idea of what is on these tapes, he stated that he has heard a whole lot of rumors and the rumors are increasing by the day. But apparently, some five million pound gorilla must be in question, must be on the tapes, must be saying some stuff that is so fowl so, filthy, and so fearful that the Mayor has to try and block their hearing of it. The City Council seemingly has not found its voice to stand up and speak out and say they are going to get bottom of this conspiracy. It is sickening, it’s frightful, he stated that he doesn’t know if the people are th reading the paper or not, but he read an article on the 25 of May in the newspaper with a picture that said there was a police officer who is the head of Metro Homicide threatening other officer’s and saying you all don’t know who the “blank” you are dealing with. What is this Chicago? Is this LA? Is this NYPD, for real! So is anybody going to anybody in power? His question is does the Council have any power to say anything or do anything? He stated that he sees heads shaking, so apparently the Council doesn’t have any power to say anything or do anything about this issue. He stated that he is very concerned he has grandchildren that live in this community. If police officer’s are thinking about shooting one another doing violent harm to one another of it’s family members, what about his family, surely his kids can’t possible be safe. Serve and protect are you kidding, in this environment, in this atmosphere? He stated that he has spoken to the Mayor and expressed his concerns, but sadly, he thinks that if something really, really bad happens to individual people who are in positions where there supposedly have authority and power. Apparently, they do nothing, and that is unfortunate because something bad can happen to anybody, that kind of environment is being created now. Does the Council have any power, any authority to do anything about this issue? 34 REGULAR MEETING MAY 29, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:37 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 35