Loading...
HomeMy WebLinkAbout08-13-12 Common Council Meeting Minutes REGULAR MEETING AUGUST 13, 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 Monday, August 13, 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 Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the July 23, 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 Councilmember Henry Davis advised that he is extended the deadline for applications to be accepted for the South Bend Advisory Commission on Black Males. He advised that applications can be obtained on the Council’s website www.southbendin.gov or at the Office of the City Clerk. He stated that applications will be accepted until August 27, 2012 until 12:00 noon in the Office of the City Clerk. Council Attorney Kathleen Cekanski-Farrand advised that it is her understanding that the City Council maybe entertaining a motion to authorize the outside legal counsel, which the Council hired a few weeks ago to proceed ahead with regard to the issuance of a subpoena. This is an action that would be taken under a section of Indiana Law. It cannot be done in closed door chambers. Last week the City Council did meet with the Mayor. Under the open door law no decision like this can be made in private, therefore, if the City Council wishes to make a procedural motion this evening that would have to be done in a form of a motion this evening. The entire City Council received two memos: One from the Council Officers of the Council as well as one from the Council President after they received the official response from the Department of Law last Friday and provided copies to the entire Council with regard to request for information. She stated that there was also a timeline requested from her which was provided to the Council this morning. She stated that a roll call vote or a voice vote can be taken. 1 REGULAR MEETING AUGUST 13, 2012 Councilmember Tim Scott made a motion to authorize outside Council along with the City Council Attorney to move forward with the subpoena. Councilmember Oliver Davis seconded the motion. The motion carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Gavin Ferlic.) Council Attorney Kathleen Cekanski-Farrand stated that they would have to officially notify Mr. Walton of the action that was taken this evening. He would then under State Law have to prepare a document and if there is non-compliance of the subpoena that document would be served via the City Clerk on the Mayor and the City Attorney. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:38 p.m. Councilmember Gavin Ferlic made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis 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. 22-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MF 1 Urban Corridor Multifamily District to SF 2 Single Family & Two Family District to allow single family homes. On site is a vacant lot. To the north are several vacant lots, and two houses zoned SF2 Single Family and Two Family District. To the east, across Hill Street, are a several vacant lots and a number of houses zoned SF2 Single Family and Two Family District. To the south are several vacant lots and three houses zoned SF2 Single Family and Two Family District. To the west is the Residence Inn and part of the former Madison Center campus zoned MU Mixed Use. The “SF2” Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. No site plan is required when rezoning to a residential district. This property was previously zoned B Multi-family before the city-wide map change in 2004. The hotel was rezoned in 1987. This portion of Hill Street has been predominately single-family. Hill Street and Kalorama Street are two lane streets. Kalorama Street, west of Hill Street was vacated at the June 25, 2012 Common Council meeting. South Bend public utilities are available to the site. The Department of Community and Economic Development offers a favorable recommendation. A change in zoning to SF2 is in keeping with the neighborhood plan and the desire by neighborhood residents to see more single family residential development in the area. This property is in the NNRO Overlay District. No commitments are proposed. She advised that the future land use maps identify this property as high density residential, with the rest of the lots on Hill Street as medium density residential. The projected land use plan identifies this immediate area as Single Family Home Ownership Preservation. The area between Corby and Crescent is mixed with single family homes and vacant lots. The institutional uses to the west front 2 REGULAR MEETING AUGUST 13, 2012 on Niles. The most desirable use is single family residential to match the rest of the block. Since the majority of surrounding property is also zoned SF2 Single Family and Two Family District, this rezoning should not affect property values. It is responsible development and growth to continue the single family zoning along Hill Street. Based on information available prior to the public hearing the staff recommends that the petition be sent to Common Council with a favorable recommendation. She advised that returning this site to single family is in keeping with the Northeast Neighborhood Development Plan, and will help strengthen Hill Street as a single-family area. Ms. Nayder advised that the Commission held a public hearing on Tuesday, July 17, 2012, and sends it to the Council with a favorable recommendation. Phil Byrd, Manager, NNRO, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Mr. Byrd advised that the NNRO is redeveloping the Hill Street Neighborhood. The two lots we wish to rezone are currently vacant and are unique in that they are zoned multi- family in an area otherwise zoned exclusively single-family. It is our intent to rezone said lots to single-family use (SF2) so single family homes can be built on them. This rezoning will allow us to proceed with our redevelopment plan in general and in a manner that preserves the character of the neighborhood. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT OF WAY Councilmember Henry Davis made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. David Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. James Lietzan, DLZ, 2211 E. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Lietzan advised that the petitioner is requesting the vacation of a portion of two alleys lying between Madison and Marion Streets and Main Street and Michigan Streets lying within the City of South Bend, Indiana. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted.. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING AUGUST 13, 2012 BILL NO. 36-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4.1 (4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES Councilmember Dr. David Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Fire Chief Stephen Cox, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that the South Bend Municipal Code Chapter6, Article 1, Section 6- 4.1(4) presently requires a flat fee of $253.00 for the Fire Department Commercial Plan Review of any addition remodeling project. In the course of charging this fee, it has become apparent that a sliding scale fee based on the cost of a remodeling construction project less than $58,001.00 is fairer and more equitable to property owners. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted.. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS Councilmember White advised that there has been a request by the petitioner to strike this bill from consideration. Therefore, Councilmember Dieter made a motion to strike this bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dr. Fred Ferlic made a motion to rise and report to the full Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen White, Chairperson Committee of the Whole 4 REGULAR MEETING AUGUST 13, 2012 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 7:27 p.m. President Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10175-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10176-12 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT OF WAY This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10177-12 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4.1 (4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 5 REGULAR MEETING AUGUST 13, 2012 RESOLUTIONS RESOLUTION NO. 4198-12 RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7101 VORDEN PARKWAY AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR THE TIRE RACK, 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 7101 Vorden Parkway, South Bend, Indiana, and which is more particularly described as follows: Lot 1 B W Business Park Major Sub 02-03 New Replat 401 3-16-01 and which has Key Number 025-1011-018604, 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 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 6 REGULAR MEETING AUGUST 13, 2012 Councilmember Henry Davis, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Joe Iams, CFO, Tire Rack, Inc. 7101 Vorden Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Iams advised that they would like to construct a 36,000 square foot building which will enable the expansion of technological resources and assets to further the growth and development of their e-commerce production distribution business. Mr. Iams advised that the estimated dollar value of the project, excluding land is $6,500,000. 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 Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally Councilmember’s Scott, Henry Davis and Dieter thanked the petitioner for their investment in South Bend. RESOLUTION NO. 4199-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, L.P. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 5231 Dylan Drive which is more particularly described as follows: A part of the northwest quarter of section 17 and the northeast quarter of section 18, township 38 north, range 2 east, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the northwest corner of the northwest quarter of section 17, said corner being marked by a Harrison type monument; thence south 00 degrees 12 minutes 46 seconds east, a distance of 910.31 feet to the point of beginning; thence north 89 degrees 44 minutes 25 seconds east, a distance of 385.46 feet to the west right-of-way line of Dylan Drive as recorded under instrument number 0647966 in the office of recorder of said county; thence south 00 degrees 15 minutes 35 seconds east along said west right-of- way line, a distance of 919.19 feet to the north line of Portage Prairie minor #2 as recorded under instrument number 0814357; thence south 89 degrees 44 minutes 25 seconds west along said north line, a distance of 386.22 feet to the east line of the northeast quarter of said section 18; thence continuing south 89 degrees 44 minutes 25 seconds west along said north line of Portage Prairie minor #2, a distance of 166.28 feet; thence north 00 degrees 15 minutes 35 seconds west and parallel to said west right-of- way line of Dylan Drive, a distance of 919.19 feet; thence north 89 degrees 44 minutes 25 seconds east, a distance of 167.04 feet to the point of beginning; said described parcel containing 11.659 acres, more or less. Subject to easements, right-of-way, covenants, and restrictions of record. 7 REGULAR MEETING AUGUST 13, 2012 And which has Key Numbers 025-1009-014605 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; and WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. 8 REGULAR MEETING AUGUST 13, 2012 SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Henry Davis, 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. Manette Tepe, Agent, Holladay Properties, 227 S. Main Street, Suite 300 South Bend, Indiana 46601, made the presentation for this bill. Ms. Tepe advised that the petitioner Ameriplex Superior Partners, L.P. proposes to construct a 105,000 square foot addition for a tenant, Hubbell Electrical at 5231 Dylan Drive. The building will be used for shipping and receiving electrical products. She stated that some light repackaging will also take place. The estimated cost of the new building is $3,500,000. She stated that Hubbell is relocating here and estimate that the project will create sixty-two (62) new, permanent full-time positions with total wages estimated at $2,100,000. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally Councilmember’s Scott, Henry Davis and Dieter thanked the petitioner for their investment in South Bend. 9 REGULAR MEETING AUGUST 13, 2012 BILLS – FIRST READING BILL NO. 37-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 621 LINCOLNWAY EAST, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner second the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner second the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12 This bill had first reading. Councilmember Varner made a motion to accept the substitute version of this bill. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Scott made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on August 27, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 12-65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1124-1130 NAPIER ST., SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on August 27, 2012. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS 10 REGULAR MEETING AUGUST 13, 2012 Councilmember Henry Davis stated that he made a statement at the last Council meeting about the moral on the police force. He apologized for making a statement that was so blank without giving any examples. He stated to clarify his position about the moral in the police department he wanted to make sure that he added some comments on what he wanted to say so that he is not speaking into the wind. Moral is how the progression in the ranks are being divided up or even happening, and how vehicles are being divided up or being given out for use, who gets a new one who doesn’t. He also stated multi-tasking and making sure that all the employees are happy in their positions. He stated that they have situations in which employees have served in the same positions for the last 10, 15 or even 20 years and have not moved and in any job he can understand that being frustrating and at the same time being complacent. Moral will become low, there is also an issue with the Metro Homicide and if we do use them and work in concert with the Metro Homicide Unit and it has been an issue of sharing resources, but have to ask for the resources. So if there is a situation or matter that happens that requires the Metro Homicide Unit to come out we have to call them to ask them to come out and we are working in concert and sharing dollars with that typical department, so moral is obviously, and some of those things can be talked about during the course of negotiations and what does it look like for South Bend and what does it look like for them to cover and investigate their own crimes rather than using the Metro Homicide Unit. Councilmember Henry Davis stated that they have had another conversation on the vacant and abandoned housing earlier and he wanted to touch on a few points on how we got to this level. He stated that it is going to take a whole lot to correct it obviously, but none of these things just happen. He stated that to build a community and a neighborhood a school is always used. He stated for example St. Joe High School, and now you are starting to see more homes being built on Notre Dame Avenue etc. as well as on Huey and Kalorama Streets where we just talked about earlier in the meeting. So when you begin to look at some of the areas that have been depreciated in the past and have a situation that you are looking at assets being pulled away. He stated that he can nd talk about the 2 District about assets like a city pool; grocery stores and retail outlets that is one of the first things to leave out of the area. Then you talk about Kennedy School and LaSalle High School, they left and the neighborhood wasn’t allowed to use those schools anymore because it became a project to raise test scores. Then there is transportation where the bus routes were cut out or at not at the high volume that they once used to be. Then you go back to housing and when you don’t have any or the best housing or you have more houses demolished, so you are looking at more than 2,500 homes that will be demolished within the next three years and the end of the next three years total, starting back a few years ago. So, it begs the question of how are we going to redevelop an area that need it the most. He stated that during the course of one of the first budget sessions he was asking about CRA loans. Community Reinvestment Act monies and how banks that we use our monies to deposit in banks are being used. More than 98% of our money was in First Source Bank, the rest of the money is in Key Bank. He stated that they need to find out how much money are they loaning to small businesses that want to develop in under privileged areas, distressed areas, areas that need the growth. If that is not happening, maybe we need to have conversations with Community-Wide or a Bank of America or whoever is in the City to see what type of program they can start to begin the investment process back into the areas that need it the most. He stated that he thinks that this is probably only necessary, but when we also begin to talk about crime, and he stated that he means this whole-heartedly we are in a situation that we have a lot of crime, whoever started it, whatever happens, what’s going on. Is it political, could be, but the key defining moment right now is that neighborhoods and people that live in neighborhoods are the victim. He stated that he cannot press upon it anymore to understand what legacy means. He stated that if he was to re-visit Kennedy School, there’s mention of Henry Davis being a Joe Boland award winner at Kennedy school anymore. There is no mention of him playing varsity basketball in the third grade, and so on, this is for real and this is really serious. He stated that what he is getting at and moves onto LaSalle High School, which is no longer, and there is no mention of Henry Davis being an athlete, band member or anything of those things at the high school. He stated that his legacy has been ripped away, so why would he feel more comfortable in a City that keeps erasing the history that he has within the City, so what he is getting at is that while he is legislating and talking about rebuilding neighborhoods we need to understand that legacy is very important. He stated that he sees a huge and very 11 REGULAR MEETING AUGUST 13, 2012 nice example of it with St. Joe High School. No one said to get rid of St. Joseph High School, give them bigger land, make it beautiful, more money and build houses around it. He stated that he is not saying this for applause, this is something he wanted to say, but definitely he thinks that those five points need to be pointed out, so when they are talking about NST monies and when we are talking about all the other things, we really need to start looking at how does this development happen. He stated that we are watching it happen right before our faces, starts with the school and all the other things follow behind it. Councilmember Dr. Fred Ferlic stated that St. Joseph High School is private investment, by private investors. He stated that he would like to explain his vote for the citizens of South Bend. He stated that he voted to go ahead and subpoena the records because basically there is a dark cloud over South Bend. He stated that he voted initially against the Council’s involvement on this because it’s $15,000.00 and didn’t thinks it was the Council’s business, but he was out voted on that. But now we need to get on with life, and whether the records are released after they are subpoenaed, or whether they have to go to Circuit Court, under Judge Gotsch, which either way it turns we need to get on. We have a lot of problems in South Bend. He stated that his partners have now spent 15 hours in surgery with that suspect in the shootings yesterday. We have a problem with crime and matching skill with the jobs available, such as at Steel Warehouse and other places. We have a vacant and abandoned housing issue and lastly we have children of single-parent house holds being educated. We have a lot of issues here, so we need to subpoena the records, get the records, whatever the Judge rules that’s what we need to go with and move onto some very, very important issues. Councilmember Oliver Davis stated that he would like for the Council to consider having better communication when something like what happened yesterday has taken place or other city emergencies that when the administration is notified or the police notifies them that also the City Council Members would be notified officially as well. Because they get a lot of phone calls on those kinds of matters. Often times they have to check with the media or check on their facebooks to see what is going on and it would be more appropriate to get accurate information if it comes directly from as soon as the executive branch is notified and then they are notified especially when it happens within our districts, that they are made aware of any kind of challenge from that is going on so we can stay in constant communication and they can work on the same accord with those kinds of things. He stated something that can tie us into whether its our text message that we get or whether it’s something they e-mail, or something that gets to us relatively quick to let you know that something has taken place in your district, you need to know and it happens on this street, at this address, this is the family, so they can take the time to go by and as city leaders and visit the people who are involved, because it becomes very bad taste on them when a crime has taken place and city leaders have not taken the time to come or at least address family members, to express their condolences or something. He stated the faster they are able to know the better they can react. Council President Dieter stated that they will have a discussion with the Mayor and work on some way to have that done. PRIVILEGE OF THE FLOOR Carol Davis, 1631 Lincolnway East, South Bend, Indiana, spoke regarding citizens reporting crime. She urged the citizens of South Bend to get involved, stay involved. Ms. Davis stated that she would like to see the Council Chambers this full at all Council meeting. Bishop Tavis Grant, National Field Director Rainbow Push Coalition, stated that Rev. Jessie Jackson is our National President. He stated that he is here tonight on behalf of the parents of Michael Anderson. Who several weeks ago reached out to him after the son met his demise after an altercation with police officers here in South Bend. He stated that he will agree with Councilmember who says that South Bend has a lot of problems. Many of its problem solvers are in this room today. This is a great meeting with elected officials and citizens who have taken out the time to participate in this process. He stated 12 REGULAR MEETING AUGUST 13, 2012 that he knows the rules don’t allow it, but they deserve a round of applause for showing up tonight because that is what this process needs. It needs the participation of its citizens. Every 40 hours here in our country an African America male dies every forty hours dies at the hands of police. Nearly 3,000 cases of misconduct that is an alarming rd figure that would be likened to Syria, Iraq or some 3 world country where there is not a democracy. The Michael Anderson case requires and should raise the brow of any objectionable individual who would look at this case, and see that there are some problems. The fact that this case was closed so rapidly and the reasonable time of investigation given to talk to everyone involved in it. These parents of this young man are entitled to answers and a fair closure to how their son died on that day. He stated that they are asking this Council to re-open this case, investigate every individual and afford this family an opportunity to have the proper closure knowing all the facts of what happened around the death of Michael Anderson. He stated that it’s time for South Bend to stand up for everybody in South Bend. Rev. Greg Brown, 1238 Diamond Avenue, South Bend, Indiana, stated that he stands here, this is the last straw. South Bend, this is the last straw, this is not an issue by the department, a straw similar went down Michael Anderson throat and we close the case, but is this justified. Regardless to how you live in the City, whether you do something illegal, something positive or negative, you don’t deserve to lose you life without an answer. He stated that they stand as a unit; this is a family fight on this Monday night. He thanked God for what is invested in him, but he wants to see South Bend back together, we are not dying, but we can’t have people sitting at their job and feeling like because they wear a badge and a gun they don’t have to answer. Because everything that is going on is happening because of a reason and every act causes a react. Now when we come in thanking God for Bishop Grant coming, but we still won’t be a city when he leaves, and we have to stand. They say this case is closed, he stated that he doesn’t even know when it was opened? It happened, it wasn’t even in the news, all these cameras are here tonight, but when a young brother died where they were then. It wasn’t on the news, all of these cameras standing right here filming this, but they weren’t there then. You had to hear about it on Twitter, Facebook, because a gentleman died in this city. President Dieter this is not how it goes. He stated that they came up in the same neighborhood, it’s not a black thing, it’s not a white thing, it’s a right thing. And if we don’t do things right, we got to start at the top, because we aren’t taking each other’s lives by accident, something is happening, this is the last straw. He stated that they came as a group of people and if we can’t wake you up, we came to shake you up. Samuel Brown, 222 E. Navarre, South Bend, Indiana, Citizens United for a Better Government, stated that they have a petition that they want this case reopened. He asked if anyone here tonight who wants to sign this petition to see him after the meeting. He stated that they want the justice department to come in help them investigate this and get some closure to this. Mario Sims, 415 W. LaSalle, South Bend, Indiana, President, CEO, Citizens United for a Better Government, stated that they are a government watchdog organization. He stated that they have been actively involved in participating in working to get justice in this City. He thanked Dr. Ferlic for his vote tonight, he takes issue with getting on with other business, and we can’t get on with other business until there is justice in South Bend. He stated that they have a family that is crying out for answers. We have people of all colors in South Bend that need to know that justice can be done equally. He stated that he would hate to be a police officer who has to listen to these types of allegations made about members of the force and knowing that particular police officer didn’t do anything wrong. They need justice. These people need to know when they are pulled over that there is not a chance that possibly they will die as a result of a traffic accident. They need justice. The tapes have to be played because on those tapes Karen DePaepe has said that there was unethical, criminal and racist content. How can we believe Tim Corbett conducting an investigation into their child’s death when Tim Corbett has admitted to being on those tapes? How can we trust interim Chief Hurley when interim Chief Hurley nd intimidated 2 District Councilman, an elected official? How can we expect justice to be done in that environment? It can’t be done, we can’t move ahead, this is not about jobs, this is not about building homes, and this is about fundamental right to be treated fairly 13 REGULAR MEETING AUGUST 13, 2012 and equally in the United States of America. He stated that as elected officials we call upon you to do the right thing. To make sure that this city can come together, but this city can only come together once it is assured there has been a transparent investigation conducted which is why they are calling upon the Department of Justice to take this investigation over. He stated that they are not stopping there, they are also calling upon interim Chief Hurley to step down, and they have no faith, no confidence in him. He stated that they are calling on Tim Corbett to step down. He stated that anyone who described on the television this weekend that he has a black suspect instead of a suspect is a suspect to us. He stated that they also challenge the fact that he employs David Wells who mouthed something to Michael Anderson when he was in court, it’s on the record. Erskine Jones vs. The State. He stated that they cannot nor will they tolerate people and officials in positions that will not do justice. He stated that they are here tonight and we will keep coming back until justice is done. Jesse Davis, 1333 E. Calvert, South Bend, Indiana, stated that he echoes the sentiments of everyone that has been up here. He stated that Michael Anderson’s parents need some answers and they deserve the answers. He stated that it all boils down to a case of transparency. He stated that we hear from our Presidents, Mayors and everyone when they are running for office. We need a more transparent system; the people deserve to know these things. Yet, when these types of things come up there is no transparency. thth We can’t even get communication from the 14 floor down to the 4 floor of this building, which is very important, more or less to get it out to the citizens. A comment was made about media coverage, you can look in the newspaper and find story after story about the gentlemen and his grandbaby who drowned in a pool in Granger and read anything about Notre Dame, usually a dozen or more articles a day, but you don’t hear anything about these cases, you don’t hear any specifics they pick and choose what they put in the newspaper. He stated that he doesn’t know who controls that but half the time you don’t even get suspect names. You don’t get information, they ask you for help to find someone but you don’t get a description. The news media needs to realize that we are the people that support your businesses here. He stated that they are the ones who make your ratings. Those of us who have businesses pay for advertising that keep you open. He stated that they would like the real news instead of the propaganda that they read 905 of the time. As far as the Council, we need to make sure that we are looking into all of these issues; there is a lot of things going on in the city right now. The legal department has their hands full apparently. He hopes the Council as a whole will keep an eye on everything and make sure that all these issues that are being brought up are being looked into and handled properly. Shawna Penn, Tri-Force, Inc., P. O. Box 274 Mishawaka, Indiana, 46546, Private Investigator retained by the Attorney representing Michael Anderson’s parents. She stated that she is asking for the assistance of you guys in getting my records released and this is why. (Ms. Penn held up a document) She stated this is a schedule for that night for the Police Officers on duty. When she met with the City Attorney “And I use her title loosely” five officers filled out reports that night, only five, fourteen of them actually responded, but only five felt it was necessary to actually fill out a report. Those officers were Jeff Walters, Jeff Rynearson, Jeff Ransberger, Jamil Elwaer, and Tim Lancaster. She stated that she has a problem with the fact that Tim Lancaster was off that night. She stated that she has a problem with Dave Beatty who was on the schedule and was actually working at Brother’s that night as the bouncer. If Tim Lancaster would like to dispute it, then Tim Lancaster needs to explain to her why he is the one who prepared the report for her. Let’s talk about the 911 dispatching call. South Bend Police Department says that it actually came in at 23:30:44, and then explain to her why at 23:30:03 why you had a description of Michael Anderson go over the airwaves. Let’s talk about 2046 and Mark Szweda pretty much denying her, telling her she won’t find out who 2046 is. Let’s talk about officer 2180, 2180 is Nimtz, he was second on scene, where is his report? Let’s talk about officer 2174, Aaron Nepper, where is his report. If you guys stand behind your police department, she stands behind this case, if you would like to come up here and dispute it, please do so. Something, “I have all night.” The fact of the matter is that something is going on. Tim Corbett is allegedly on these tapes, Mayor Buttigieg told her at the lemonade stand that he would meet with her. Do you think that Mayor Buttigieg has met with her? No! David Wells made a threat to Michael Anderson while he sat on 14 REGULAR MEETING AUGUST 13, 2012 the bench in a jury trial. Made a threat, he was reprimanded for it. Obviously there are issues with Tim Corbett’s officer and the South Bend Police Department. Hurley got on the television and said that the case was closed. Now, who makes that determination, because when she sat with Phil Trent, he said that they turned care, custody and control over to Metro Homicide, so why would Hurley get on television and close the case. She stated that she wants her records and she is going to get her records either which way. But you guys are elected officials you aren’t the consensus, we are. Deb Fleming, Chair, St. Joseph County Republic Party, 1330 E. Jefferson Blvd., South Bend, Indiana, stated that the St. Joseph County Republican Party stands with you and your bi-partisan effort to encourage transparency with regards to Mayor Buttigieg’s administration and it’s unwillingness to move forward on the issue involving the former Police Chief Boykins and employee Ms. DePaepe. She stated that they stand with the Council as a voice for the citizens of South Bend and demand that the Mayor work with the Council to determine the truth. To the Mayor, they say this scandal has gone on far too long. The people of this community are losing faith in the leader that they voted overwhelmingly to elect. She stated that they have seen discontent expressed in the newspaper, facebook, and last week on the street in front of this building. The citizens are tired of hearing excuses from the Mayor, and tired of him hiding behind some questionable legal rationale. The citizens of South Bend deserve better, one would expect that the Mayor and his administration would want to determine the truth and work closely with the Council to find a resolution that the citizens of South Bend and this community could have confidence in regardless of the outcome. This issue is weighing negatively on the community and in the police department moral. To the Council, you have earned our trust and respect and thank you for your diligence and bi-partisan effort to demand transparency and justice. Most of you are standing up to members within your own party throwing aside what is politically expedient and doing what is right. Your willingness to fight for your constituents is commendable. You are the true leaders of our city. We want you to know that we will support you in this matter, until it is fully and adequately resolved. Thank you again for your leadership. Shannon Phillips, 1418 Dubail, South Bend, Indiana, stated that she just wanted to reiterate what everyone has said prior. She stated that she wanted to comment on some positive things about Michael Anderson. So he can become more important to everyone. He stated that he was a good friend, and a father, his kids are here tonight. She stated that there are a lot of things going on in the city that made everyone come out tonight. She stated that she usually doesn’t really care. She stated that she appreciates the opportunity to speak tonight, it is teaching everyone a little more on how to voice their concerns. She stated that the paper states a lot of negative things about him, let’s talk about the weed. She stated that last time that she checked did we not vote about it in the presidential campaign, and that everyone joked about them smoking weed. But they make it as if he were the worst person in the world, because he made a decision that he never got a second chance for. She stated that she is not making it right or wrong, but she is just saying that the President of the United States smoked weed and they make it seem like an individual from a regular neighborhood is the worst person in the world, he couldn’t have been a good father or a good friend, because he swallowed weed. She stated that she is not going to say what he did because she wasn’t there. She stated that what she is saying is that sometimes we need to open our eyes to see what is going on around us. She stated that she did not know the speaker before her, but Shawna seemed very irritated, kind of. She stated that we have to listen to each other for things to happen, okay, I don’t know. But she loved her friend, and just wanted others to know that he was a great person. She stated that maybe that will move you all, because it moves us okay. Sean Burton, 624 E. LaSalle, South Bend, Indiana, stated that he is here representing the Anderson family. He stated that his question to the City Council concerning this whole situation. He stated that he came with a prepared speech, but as he sees now with the time limitation he won’t have time to read it all. He stated that he will address the issues that he feels are very pertinent to what we are all here for. Michael Anderson “Spice” was a very close friend of his. He stated that he know this man’s whole life. He stated that he knows the mother of his children, his children and his family, the whole nine yards. He stated that it is just not about Michael Anderson, it’s about what he sees 15 REGULAR MEETING AUGUST 13, 2012 everyday in these streets. How the police treat us, different from everybody else. He sees crimes committed on one side of the fence that don’t even get addressed. As opposed to other crimes that amount to nothing and build into a castle. As a citizen he comes on behalf of his friend, who was in his opinion murdered. You don’t stick nothing down a mans throat after you have been tazed a thousand times and ask him to be compliant in handcuffs. He stated that he doesn’t know to the extent of the investigation that went on, but what he does know is that he did not get justice, and he died for a nickel bag of weed. Funny thing about it, when he got pulled over, that day, he was riding a moped that belongs to a white guy, who reported his other moped stolen and there were several people in the neighborhood riding mopeds and none of them got pulled over. It was all white people though. Spice was the only person that pulled over, tazed, kicked, brutalized, and then eventually murdered. Nothing in the news, nobody indicted, so this is why we are here. You asked us to be civilized and maintain our composure, that’s what we are doing. We could be tearing this neighborhood up, we could be tearing this city up, could be shooting at police the whole nine yards, but we are going to be civilized. This is why we are here to talk to you all, so you all can get the proper authorities involved. South Bend Police is not going to police themselves. The Prosecutor’s office is not going to prosecute this case because South Bend Police is not going to investigate this case, so we ask you to get involved with the Justice Department, the FBI, Special Investigators, Special Prosecutors, because it is not going to get the attention it deserves here. We come to all of you hoping that you will all make the correct decision and go forward. Graylin Watson, 2010 S. Gertrude, South Bend, Indiana, stated that he wants to respect this Council and then asked to forgive us. He stated that because he is here tonight on behalf of all of us, and you asked for them to respect to Council, and sometimes we don’t know how to act, just like sometimes the elected officials don’t know how to act. Excuse us for acting out the way we are doing. He stated that he is here on behalf of the city. He stated that he represents Jesus Christ, so he represents justice and so when you begin to Dr. Ferlic, he doesn’t care if it goes to court, and it goes the way that you all want it to go, it’s not over. We want you to know that, because the Bible says let every man be a liar, but let God’s word be true. He stated that he stands here and think about Michael Anderson and his death. He thinks about Dennis Nixon, Clarence Clark, other black men that have died at the hands of the law enforcement officer and it was just swept under the rug. It’s time that this stuff is not just going to go away, so I want you to know that. He stated that he wanted to say this, about our Mayor, Pete Buttigieg, he wants everyone to respect what he is saying because it is not a clown show, and it’s not a laughing show, and it’s serious. That’s why we can’t advance the way we are supposed to advance because we don’t take things serious enough. When they look at us, they look at us like we are silly and ignorant, because we laughing when we should be praying, we laughing when we should be silent. Mayor Pete Buttigieg said that Darryl Boykins was under investigation because he brought the Federal Government in to bring this investigation of this wire tapping, therefore, he demoted him, because he brought reproach and shame to the City. Well, what is happening with Tim Corbett and him bringing reproach onto the City for these racial remarks, but he hasn’t been demoted, he is still homicide Chief Investigator. Chuck Hurley, now if you can demote Chief Boykins, because you said he brought Federal Investigation in, and now we are here because of racial statements that came from Tim Corbett, and he is still holding his position, then he asks himself is it racism or not. But whether you know it or whether anybody else knows it, he says God is going to bring justice to this city. Dale & Tonya Anderson, 1719 W.Ewing, South Bend, Indiana, stated that he would like to thank the Mayor for calling and offering his condolences, you think that happened? No, it did not happen, because it was a black guy and it didn’t matter. Tell me what is wrong with this city when a Notre Dame Football player can kick at police, spit on the police, threaten the police, run from the police and get peppered sprayed. His son did nothing, no warrants, riding a moped get chased down like a slave and killed. Then they say that the report is closed, everything they said doesn’t match up with what the witnesses are saying. Something needs to be done around here. Something, we cannot allow this to go on, it’s going on for too long. Now if this was a white boy, on the far east side, this investigation would still be open. You would be brining in the Fed’s and 16 REGULAR MEETING AUGUST 13, 2012 everybody else. But this is just another black boy, it don’t matter, but it matter’s to him because this is his son and they want some justice. Reverend Sylvester Williams, no address given, stated that he would like to speak as a reverend, and as a radio owner. Yesterday, as he began to step on the pulpit with a fiery sermon, he was called by the South Bend Police Department to go and check on the officers that were on Oliver Street after a shooting. So he concurs with Vice-President Oliver Davis that you all need to be immediately notified. He stated that if he can leave his post and his position, certainly you can too. He stated that during this time that he was out there, he asked three questions. The first was where was the Mayor? He was not there at that time. The second question was where was Officer Derek Dieter, because he is never hardly off the case? They told me you were off doing your thing and he certainly looked for you because he get’s a peace knowing when you are around. Thirdly, he asked where the Council folk are. Because there was a need for crowd control, there was a need for your face to be in the place. He dittoed on what Pastor Watson said is that the people held themselves together; they knew the facts before the police knew them, because they live in that neighborhood. Finally, there is a drum beat not for marshal law, and not for an emergency plan, but there is a drum beat to put more officers on the street. He reminded everyone, the rings that you see around the posters, all across this city was done by the God Squad. If there is anymore people that’s needed in the neighborhoods, it is not the Police, but it is God’s people. Why not fund them, in order to bring people back out, that they might engaged again in that community. He stated that he was fortunate that he did not have to give a death notification today, one of his colleagues did, but that’s what they do, as chaplains in the police department. We have a real problem, and that problem deserves that you catch the vision and right the vision, and make it plain to the people. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:20 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 17