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HomeMy WebLinkAbout09-24-12 Common Council Meeting Minutes REGULAR MEETING SEPTEMBER 24, 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, September 24, 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 September 10, 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 BILL NO. 12-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING LASALLE INTERMEDIATE ACADEMY FOR BEING SELECTED BY THE U.S. DEPARTMENT OF EDUCATION AS A NATIONAL BLUE RIBBON Councilmember Oliver Davis made a motion to continue this bill until the October 8, 2012 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES MAYOR PETE BUTTIGIEG Mayor Buttigieg advised that this week is Municipal Energy Week. He stated that is one of the areas that our City has really distinguished ourselves. By the innovated and often taxpayer saving approach that our city taking. One thing in particular that he wanted to draw attention to is Wednesday, they are going to do a green ribbon cutting to celebrate the opening of the small hydro-turbine that was installed near Seitz Park over by the fish ladder. He stated that is going to be at 11:00 a.m. on Wednesday. He encouraged the Council to attend if able. He stated that 1 REGULAR MEETING SEPTEMBER 24, 2012 there is a little bit of a switch when it comes to Mayor’s Night. He stated that they usually stagger Mayor’s Night In and Mayor’s Night Out. He stated that they are going to do Mayor’s Night In back to back twice in a row and that will be tomorrow from 5:30 – 7:00 in the lobby of th the County-City Building. Then they will be back to the Mayor’s Night Out and in the 6 District with Councilmember Oliver Davis. He stated that he wanted to take this opportunity to again thank Chairperson Karen White of the Personnel and Finance Committee who has been doing a tremendous amount of work with her committee and will see some of the fruits of that this evening during the 2013 Budget Presentation. He thanked every Councilmember who has been diligently working with that committee and working very hard through this budgeting process. He also recognized City Controller Mark Neal who has done some very hard work and his finance team for doing some very heavy lifting as they have been setting those priorities for the City’s future and how they are going to handle the budget in the coming year. He stated that he had some news on the search for a Police Chief. This week the City is going to post advertisements for the position of Chief. They will be posted to professional organizations; they will be posted in newspapers and will be up on the City website. You will start seeing that later on this week and they will start taking applications right away and the window for those th applications to come in will go until 19 of October. He wanted to draw attention to a week from Thursday, October 4, 2012, that is going to be their opportunity to have a town hall forum. He stated that you might recall that it was re-scheduled from a prior tentative date, but now they th do have it scheduled for the 4, it will be from 6:00 – 7:30 p.m. at the Kroc Center on Western Avenue. He stated that it is very important to him that they have a diverse and broad representation from the community for them to be able to weigh in on what they consider important for the Police Chief. He stated that they will also welcome the presence of the Councilmember’s able to attend but help to get the word out so that they can have an open dialogue about the future of our police department. He advised that the Vacant and Abandoned Housing Task Force is meeting and getting closer to releasing a report and recommendations on combating vacancy and blight in our neighborhoods. He stated that he is looking forward on releasing that information to the Council and thanked Councilmember Tim Scott for his help and cooperation on that committee. He advised on the new technology that the city has undergone by the launch of a new e-mail system, a conversion from GroupWise to Microsoft Outlook 2010. st This actually represents the 1 upgrade to e-mail since the inception of e-mail. He stated that he hopes that Council agrees with him that it was very much needed and even though it remains a little bit of a challenge in getting the conversion as it is with any conversion. He stated that the team has done a great job, in particular Dr. David Varner, Chairperson, Information & Technology Committee for the partnership of this roll out. He reminded that the upgrades for information & technology will continue as they work to incorporate the 311 phone line. He highlighted the outreach and dialogue that has been happening with the City and the University of Notre Dame, later this week they will be commemorating 170 years of the University’s presence here as well as 125 years of football and it seems like a good opportunity to celebrate the partnership in neighborhood economic development. He stated that Indiana University of South Bend had a tremendous announcement late last week the biggest gift in the history of the campus $4 million dollars $3 million plus $1 million dollar challenge grant from the Judd Leighton Foundation which can only help our community. Mayor Buttigieg stated that he neglected to mention and sees that Mr. Napoli is here from Library, he wanted to advise the Council that he has been in communication with the leadership of the St. Joseph County Public Library as well as the Historic Preservation Commission. He stated that it is his belief that they can move toward a compromise that is historically sensitive but also does not frustrate the growth plans of the library. He stated that he will be sure to keep the Council up to date if they are successful, or if the parties are successful in reaching an agreement. He stated that they are doing everything they can to try to make sure that comes about before the Council needs to take final action on the decision for historic protection. Council President Dieter stated that was the consensus of this Council earlier. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:14 p.m. Councilmember Oliver Davis 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. 2 REGULAR MEETING SEPTEMBER 24, 2012 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. 42-12 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 BILL NO. 43-12 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 44-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013, INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Council Attorney Kathleen Cekanski–Farrand advised that the three bills mentioned by Councilmember White, Levying taxes, fixing the rate of taxation, and the appropriation ordinance by State Law the City has the legal responsibility of passing each of these ordinances prior to November 1, 2012. The Council only has the authority to reduce line items within the budget, however, they do have the opportunity to discuss with the City Administration any line items that they would like to have increased. Tonight is the only opportunity for the public to have their voice heard with regard to each of these bills. She stated that they welcome anyone who wants to speak on them, to state your name and address for the record. She advised that they are going to have a motion to hear all three bills together for the purpose of presentation by the Mayor and City Controller Mark Neal and anyone else from his department. The Council will then after all the questions have been addressed, they will deviate a little from their normal procedures, typically they will now have the opportunity to address any questions following by a rebuttal. Because the Council will be continuing these bills over to the next meeting for their further discussion in light of Councilmember White having a meeting this Wednesday as far as receiving detailed information on each of these bills. She stated that they have had eight Personnel & Finance Committee Meetings so far and there will additional meetings thereafter. The Administration will have the opportunity at the close of all the questions this evening to 3 REGULAR MEETING SEPTEMBER 24, 2012 address as many of those as they possibly can. A motion by the Council to continue all three bills to October 8, 2012 for purposes of further discussions by Council only and at that time the Council will have the opportunity to either pass the bills or continue those once again to the October 22, 2012 meeting. It was legally advertised for this evening for the public hearing. Councilmember Oliver Davis made a motion to combine Bill Nos. 42-12; 43-12 and 44-12 for purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on these bills this afternoon and voted to send it to the full Council with a favorable recommendation for the purpose of public hearing only. th Mayor Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana asked City Clerk John Voorde to pass out copies of the power point presentation that is going to be given tonight by City Controller Mark Neal. Mayor Buttigieg advised that they would like to go over principals and strategies that guide the vision for the budget. He stated that he felt it important to express to the Council and the public the highest level of motivations that they have for making the choices that they have made the proposed budget. The overall goal is to insure that our City is a strong and connected city for everyone. He stated that delivering on that goal requires three types of activity. The first is activity to ensure that what he would call the basics are easy for citizens. That citizens rarely have to worry themselves about public safety, about whether or not there is critical infrastructure, streets, clean water, and the like. The second is good government, ensuring that the government is a resource that is efficient, transparent, and cost-effective, that it is a good steward of tax payer dollars and the problems are quickly and cleanly resolved whenever there is an opportunity to take care of something for a constituent. Thirdly, that our City is doing everything possible to grow and create prosperity for everyone. Economic Development including the creation of good jobs, the promotion of strong neighborhoods and a quality of life that is desirable and makes us a city of choice no matter what part of the city you live in. He stated that those are very high level aspirations but important to state as they guide us into detailed day to day work in establishing the budget. He stated that some strategic elements on how we try to deliver on that, in the short and long term. The first is to make sure that we keep score, to better what we are doing and hold ourselves accountable for how well we do it. He stated that it is similar to the idea of not only committing to targets, but rewarding performance. Either with recognition or other forms of the words as a guiding principle thought this administration approaches the delivery of the vision elements that he shared earlier. He stated that he believes in streamlining the city processes for customers and citizens. Making sure that anytime something takes three steps we ask whether it could take two instead. The fourth principle is to break down bureaucratic walls that sometime stand either between units within our governments or between different local government entities to make sure that citizens see us as acting with one accord and there is no better example of where we can do that, city, county and other governmental units that can tackle the problems that our city is faced when it comes to vacant and abandoned housing. Next is the matter of cultural in the City government to ensure that the overall environment throughout the City of South Bend government is one that welcomes innovation and questions habit, which poses the questions why we do things a certain way, rather than simply accepting the way we do thing as we always have. Lastly, to make sure that we are forming diverse connections and partnerships throughout, across and even outside our community anytime that would benefit goals like economic growth job creation, education, public safety, quality of life for our citizens. He stated that you will see these strategic approaches encoded in various ways into the budget and in particular some of the changes that will be seen in this budget from prior budgets. He stated a 4 REGULAR MEETING SEPTEMBER 24, 2012 quick reminder of priorities that this administration arrived at; priorities that he feels were given to him by his Board of Directors, the people of the City of South Bend. One that they heard loud and clear is to address the problem of vacant and abandoned housing in our community. Another that has arisen only higher on the agenda unfortunately and largely due to some high profile incidents in our community is a matter of violence generally and particularly violence where either the victim or the suspect or both proved to be young people. Illegal dumping is a priority which shall be addressed throughout this year with help from the Council through their leadership and want to put more of a permanent solution in place. Infrastructures, including curbs and sidewalks, one of the things that he knows Councilmember’s have brought to their attention quite often. The implementation of the 311 call center, making it as easy as possible for citizens who need help with anything the City government can be support of, other than an emergency which belongs with 911. He stated that they can take some steps and those steps are funded by the proposals that they have in this budget. Lastly, the spirit of keeping score, holding ourselves to targets, making sure that they have the tools we need to track how we are doing. This is what we are talking about when we discussed key performance indicators for the city government. He stated that you can’t do that without committing some resources to it, and that is to part of the budget approach. In the course of the many meetings with the Personnel & Finance Committee they also took every opportunity to take on board priorities of Councilmember’s. He stated that he cannot do a better job than Councilmember’s as stating what those priorities are, but want to try to capture some of the things that he felt that they heard most often when discussing with Councilmember’s what were those top priorities. He stated that he wanted to point out how much these align with priorities that he mentioned earlier and of prior administration. They are economic development, creation of jobs, addressing vacant and abandoned housing in our neighborhoods, ensuring that Code Enforcement is effective, reliable, and fair. And public safety, the quality of our parks, making sure that they are delivering everything that they can, as well as quality of life more generally. Within the infrastructure category, he thinks it’s safe to say that the particular element of infrastructure that they have heard the most feedback about from the Council concerns curbs and sidewalks for our citizens as well as streets and the quality of streets more generally. He stated overlapping with some of these priority concerns like economic development and quality of life making sure that our corridors, the gateway’s to our city look good. He reiterated that Councilmember’s can best identify what their priorities are, but he wanted to express some of the concerns that his administration heard during the course of this process and work to incorporate in the budget. th Mr. Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for the bills. Mr. Neal went over the power point presentation. A copy is on file in the Office of the City Clerk. 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 was no one present wishing to speak in favor of these bills. The following individuals spoke in opposition to these bills. Jesse Davis, P.O. Box 10205, South Bend, Indiana, advised that communication is a problem. He stated that there is a black list of contractors who try to do business with the City. He stated that there is a problem with Youth Violence in the city. The vacant and abandoned housing is a big problem in the city. He also questioned whether or not 311 is totally worth funding. Henry Davis, Sr., 215 Sheridan, South Bend, Indiana, questioned how comments can be made on something with no detail. He advised the Council to be transparent and specific. He stated that the public doesn’t know what they are talking about. 5 REGULAR MEETING SEPTEMBER 24, 2012 Councilmember White, Chairperson, Personnel & Finance Committee stated that her committee will meeting on September 26, 2012 to discuss the budget in detail. She encouraged the public to attend. Councilmember Dieter refereed to page three of the power point presentation and questioned the benchmarks and KPI’s. In Rebuttal, Mayor Buttigieg advised that he again is answering for previous administrations. He stated that customer service and responsiveness are a goal of theirs. He stated that he is proud of the fact how they stacked up so far when it comes to customer service. He stated that they have handle hundreds if not thousands of constituent’s requests, from everything from small issue from a back yard to things much bigger than that to the best of their ability. He stated that he is sure that it has not satisfied everybody, and doubts that it is possible to satisfy everybody, but they certainly try. Both the Key Performance Indicators (KPI’s) that they offered is how they are going to track whether his office is successful. He stated that with the investments that they are trying to make, in things like the 311 call center are designed to do just that. He stated that they are not going to fix the vacant and abandoned housing problem with just a million dollars, we cannot rehabilitate nor can we tear down every vacant and abandoned home in this city with just a million dollars, but we had better start somewhere. He stated that he is asking for a substantial increase in the amount of resources that this city commits to that purpose and this is why. He stated that they have done their best during the course of this presentation to try to render it intelligible. Certainly, simply throwing a bunch of numbers on a board doesn’t help if we don’t explain why. That’s why they walked through a presentation that was intended to be in equal parts, why they are doing what they are doing, what the big picture is, the goals the strategy, the vision, things they consider important. There are an awful lot of numbers, he apologized if the numbers are boring to some, and confessed that times he own eyes glazed over. But those numbers are the very details which are sought when it comes to transparency. He stated that they tried their best to provide both the big picture and the details when it comes to the numbers. He stated that they certainly tried to clarify all that seem hazy in what is a very complex process. Mr. Neal advised that with the various documents that they have created through Councilmember Scott’s urging they are making all available electronically. It is an effort to do that, but they will get them all posted to the website and historically the website has not been helpful to trying to open up an incredible massive file. So there efforts are to produce bite-size pieces by fund and by category, so they will be doing that and will have those on the website next week, if not by th the end of this week, but certainly next week or well before the meeting on October 8. Chairperson White entertained a motion for these three bills. Council Attorney Kathleen Cekanski-Farrand stated that the appropriate motions would have to be made separate. She advised that the proper motion would be to continue in the Council Portion Only, Bill No. 42-12; send it back to the Personnel & Finance Committee and have Third Reading on October 8, 2012. Councilmember Oliver Davis so moved the motion. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council President Dieter made a motion to continue Bill No. 43-12 in the Council Portion Only, send it back to the Personnel & Finance Committee and have Third Reading on October 8, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. 6 REGULAR MEETING SEPTEMBER 24, 2012 Councilmember Dieter made a motion to continue Bill No. 44-12 in the Council Portion Only, sent it back to the Personnel & Finance Committee and have Third Reading on October 8, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen advised that effective July 1, 2012 of this year the Indiana General Assembly passed a State Law that requires TRANSPO to have their budgets filed with the Office of the City Clerk and then have the City Council pass their budget. The City Council does have the authority to reduce any of the proposed budget. She stated that Councilmember White held a hearing on this last week and a thorough review of the proposed budget with the President of the Board of Directors for TRANSPO. She advised that if the Council fails to take action, prior to the State Law deadline their budget is frozen at the current level that it is presently at. BILL NO. 49-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND` PUBLIC TRANSPORTATION CORPORATION’S 2013 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 Councilmember White, Chairperson, Personnel & Finance Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Christopher Kubaszak, Controller, South Bend Public Transportation Corporation, 1401 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Kubaszak advised that due to a recent enactment of Indiana Law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council for adoption by the Council. Specifically, Indiana Code §6-1.1-17-20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. §6-1.1-17-20(e), the Council should review Transpo’s budget and proposed tax levy and adopt a final budget and tax levy for Transpo. 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 was no one present wishing to speak to the Council in favor of this bill. The following individual spoke in opposition to this bill. Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he is opposed to this bill because of the recent bus route cuts made by TRANSPO. In Rebuttal, John Leszczynski, Board Member, TRANSPO, advised that the bus route cuts were necessary to balance the budget. The budget was short due to the property tax caps that were enacted by the State capping property taxes to residential, commercial and agricultural properties. 7 REGULAR MEETING SEPTEMBER 24, 2012 There being no one else present wishing to speak either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis) RISE AND REPORT Councilmember Henry Davis 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 8:26 p.m. President Derek Dieter presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 10187-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND` PUBLIC TRANSPORTATION CORPORATION’S 2013 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay. RESOLUTIONS RESOLUTION NO. 4202-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE HOWARD PARK NEIGHBORHOOD MASTER PLAN WHEREAS, in 2006, City Plan, a comprehensive plan for South Bend was adopted by the Area Plan Commission of St. Joseph County and the Common Council of the City of South 8 REGULAR MEETING SEPTEMBER 24, 2012 Bend, which recommends that area-specific plans be developed for portions of the City to provide strategic directi0n in the future growth and development of that area; and WHEREAS, the City of South Bend through its Redevelopment Commission and Holladay Properties have undertaken the responsibility to prepare a Master Plan for the Howard Park Neighborhood in the East Bank of South Bend; and WHEREAS, the Howard Park Neighborhood Master Plan is comprised of those properties that lie within the following boundaries: St. Joseph River to the West, Jefferson Blvd on the North, Eddy St. to the East, and the St. Joseph River & Eddy St. to the South; and WHEREAS, the Howard Park Neighborhood Master Plan contains a detailed land use plan for the development of the area with public and private sector investment opportunities; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana approved land use plan for the Howard Park Neighborhood Master Plan by resolution on 08/21/2012; and WHEREAS, the Howard Park Neighborhood Master Plan, which is attached hereto and incorporated herein, contains all the elements necessary to strategically guide development in the Howard Park Neighborhood of the East Bank of the St. Joseph River, and is appropriate and in the best interest of South Bend and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I: That the Howard Park Neighborhood Master Plan, a true and complete copy of which is attached hereto and incorporated herein shall be and hereby is approved. SECTION II: That this Resolution shall be in full force and effect from and after its passage 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 held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jitin Kain, Senior Economic Development Specialist, Community & Economic th Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Kain advised that this bill would adopt the Howard Park Neighborhood Master Plan as part of the process to amend the Redevelopment Plan for the South Bend Central Development Areas (SBCDA). A Public Hearing was held on the Resolution at this time. Mr. Don Scheffmeyer, 300 S. St. Louis spoke in favor of this bill. He stated that he is happy to see more development in the Howard Park Area. Mr. Kyle Chamberlin, 626 Peashway, spoke in favor of this bill. He asked the Council for their favorable adoption of the Howard Park Neighborhood Master Plan. He stated that this plan will continue scenic river views which characterize the vast potential the neighborhood possesses. Councilmember Henry Davis Jr., asked if the city will be participating in any infrastructure. 9 REGULAR MEETING SEPTEMBER 24, 2012 Mr. Kain advised not at this time. The following individual spoke in opposition to this bill. Jesse Davis, P. O. Box 10205, South Bend, Indiana, asked if the city put in any money? In Rebuttal, Mr. Kain advised that the City does not own the former TRANSPO site. It is still owned by TRANSPO. Council President Dieter thanked everyone involved in this process. He stated that the questions that have been raised are admirable and appreciates all the time and dedication that when into the plan for the neighborhood. Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4203-12 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 3300 N. KENMORE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR INDIANA ROTOMOLDING, INC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3300 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: 5/855 Ac Tract E of Kenmore NE 14 NE 14 Sec 28-38-2e and which has Key Number 025-1010-038518, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6- 1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. 10 REGULAR MEETING SEPTEMBER 24, 2012 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. 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 four (4) 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 Gavin Ferlic, Vice-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. 11 REGULAR MEETING SEPTEMBER 24, 2012 Mr. Jack Welter, President, Indiana Rotomolding, Inc. 3300 N. Kenmore, South Bend, Indiana, made the presentation for this bill. Mr. Welter advised that Indiana Rotomolding, Inc. would like to add a 25,000 sq. ft. addition to their building located at 3300 N. Kenmore, South Bend, Indiana. We have recently been awarded a significant contract from an existing customer and will need additional equipment and personnel to produce the product. He stated that it is estimated that the project will create at least 20 new permanent full-time jobs in the first year of production, representing a new annual payroll of at least $900,000. The project will maintain 70 existing permanent full time jobs with a total annual payroll of $2,500,000. A Public hearing was held on the Resolution at this time. Councilmember Schey questioned whether the product was distributed nationally. Mr. Welter advised that the barrels are not their product, however the supplier who owns them does. st Councilmember Scott thanked Mr. Welter for their business and being located in this 1 District. Councilmember Varner 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. RESOLUTION NO. 4204-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 7250 VORDEN PARKWAY FOR OLIVE CLEVELAND PARTNERS,LLC WHEREAS, on July 12, 2010, the Common Council of the City of South Bend (the “Council”) adopted Resolution No. 4036-10 (the “2010 Resolution”), approving a five (5) year real property tax abatement for the proposed construction of a new industrial design-built warehouse/distribution facility containing approximately 80,000 square feet (the “Building Project”) to be constructed by Olive Cleveland Partners, LLC (“Taxpayer”) within an area designated an economic revitalization area in the City of South Bend in accordance with I. ND C § 6-1.1-12.1-1, et seq.; and ODE WHEREAS, the Taxpayer described for the Council that the Building Project (also known as the Invacare Building) had multiple purposes and benefits, including that it would: (a) accommodate the relocation of Invacare Corp. and expansion of its facilities within South Bend, into a new building with new investment/construction costs of no less than $2,400,000; (b) facilitate Invacare Corp.’s consolidation of its Midwest regional distribution operations in South Bend; (c) result in Invacare Corp. retaining its business in South Bend, including its employee base of 23 employees with payroll over $670,000; and (d) be completed in the Spring of 2011, in order to relocate Invacare Corp. out of a facility at 7055 Cleveland Road (the “Cleveland Road Site”) and to facilitate 12 REGULAR MEETING SEPTEMBER 24, 2012 Patterson Logistics’ remaining in South Bend and expanding into the Cleveland Road Site (which was desired by Patterson Logistics as part of its decision to locate its Midwest operations in South Bend); and WHEREAS, as contemplated as part of the Building Project, the Taxpayer (a) successfully completed its construction of a new 80,000 square foot warehouse/distribution facility at a cost in excess of $2,400,000, (b) was instrumental in relocating Invacare Corp. to the new building and assisting with the desire of Patterson Logistics to expand in South Bend, and (c) has confirmed that Invacare Corp.’s employment and payroll projections have been exceeded; and WHEREAS, the (a) Building Project was first assessed for real property tax purposes as 100% complete for the March 1, 2011 assessment date for taxes payable in 2012 (the “First Year”), and (b) Taxpayer learned that a notice of this assessment was sent by the St. Joseph County Assessor on or about February 24, 2012; and WHEREAS, a result of a wholly inadvertent oversight and misunderstanding, the Taxpayer did not file, timely, the single form (known as Form 322 ERA/RE - Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas) (the “Application Form”) with the St. Joseph County Auditor, to claim benefits of the abatement (which form was to be filed within thirty (30) days after the date the notice of assessment was mailed to Taxpayer); and WHEREAS, the Taxpayer learned that it filed its Application Form eleven (11) days after the period for filing such form to claim benefits of the property tax abatement for the First Year and the Application Form was denied due to the belated nature of the filing; WHEREAS, this oversight was an unusual occurrence for Taxpayer, which directly (or through affiliates) owns and manages a large number of properties, pays significant annual real property taxes and has always made diligent efforts in good faith to make all required Indiana tax filings (including abatement filings) on a timely basis; and WHEREAS, the Common Council recognizes that (a) the Taxpayer fulfilled its pledge to build a new 80,000 square foot warehouse/distribution facility in the City of South Bend and thereby to enhance the tax base, support employment and attract new business in the City; (b) the Taxpayer has requested a waiver of its inadvertent oversight for late filing of the Application Form to claim benefits of the tax abatement for the First Year, which the Common Council has the power and authority to approve under Indiana law, and (c) the Taxpayer would have been entitled to receive the tax abatement benefits for the First Year had no noncompliance event occurred; and WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely filing of an Application Form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer’s (a) fulfillment of its obligations detailed in its original Statement of Benefits and its application for tax abatement related to the construction of a new 80,000 square foot design-built warehouse/distribution in the City of South Bend at 7250 Vorden Parkway South Bend, Indiana (the “Property”), and (b) wholly inadvertent oversight and misunderstanding leading to a belated filing of the Form 322 ERA/RE “Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas” to claim the benefits of tax abatement for the March 1, 2011 assessment date on the Property. 13 REGULAR MEETING SEPTEMBER 24, 2012 SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has fulfilled its projected plans to construct new improvements contemplated as part of the 2010 Resolution (the “Abatement”) and that its belated filing of an application required to claim the benefits of the Abatement as of March 1, 2011 (for taxes due and payable in 2012) was inadvertent. SECTION 3. The Common Council hereby waives the matter of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of tax Abatement on its investment in new building improvements contemplated as part of the 2010 Resolution as of the March 1, 2011 assessment date, all as is permitted under I.C § 6-1.1-12.1-11.3 (including ND ODE specific waiver that the deduction application under I.C § 6-1.1-12.1-5 be timely filed ND ODE with the county auditor to claim property tax abatement deductions for the 2011-Pay-2012 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a) the 2010 Resolution; (b) the tax abatement application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Vice-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. st Mr. Richard Deahl, Attorney, Barnes & Thornburg LLP., 600 1 Source Bank Center, 100 N. Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Deahl advised that he is representing Olive Cleveland Partners, LLC. He stated that they kindly request the Council’s consideration of the waiver for Olive Cleveland Partners technical non-compliance with a filing requirement to claim the benefit of certain tax abatement. He stated that more specifically in 2010, the Council granted a five year tax abatement on Olive Cleveland Partners proposed investment to construct a 80,000 square foot warehouse/distribution facility on Vorden Parkway for Invacare Corp. They successfully completed construction of this facility, exceeded its investment target and accommodated the relocation of Invacare Corp. and resulted in its ability to retain its business and expand its workforce in South Bend and facilitated the expansion of Patterson Logistics into Invacare’s former site. The new building was first assessed March 1, 2011 for property taxes due this year. Due to a wholly inadvertent oversight regarding coordination of tax filings, Olive Cleveland Partners learned that it filed its application to claim the benefits of abatement a mere eleven (11) day after the period that such filing was due. He stated that this bill would kindly request that a waiver of this non-compliance in order to restore the tax abatement benefits to which Oliver Cleveland Partners would have received had it timely filed the application. Mr. Deahl asked for the Council’s favorable consideration. 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. 14 REGULAR MEETING SEPTEMBER 24, 2012 BILLS - FIRST READING BILL NO. 52-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS, THE ESTABLISHMENT OF FUND NUMBER 661, THE 2012 SEWAGE WORKS CONSTRUCTION FUND, AND OTHER RELATED MATTERS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on October 8, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE CURRENT REFUNDING OF OUTSTANDING WATERWORKS REVENUE BONDS OF 2002, ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NO TO EXCEED FOUR MILLION TWO HUNDRED THOUSAND ($4,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on October 8, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54-12 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2013 15 REGULAR MEETING SEPTEMBER 24, 2012 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 8, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 55-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SETTING THE ANNUAL SALARY FOR THE MAYOR FOR THE CALENDAR YEAR 2013 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 8, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 12-69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTIES LOCATED AT 1307 AND 1311 HICKORY ROAD, SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 8, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-70 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 WEST OF AND ADJACENT TO 1441 N. MICHIGAN STREET SOUTH BEND, INDIANA Councilmember Henry Davis made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 22, 2012. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS FROM AREA PLAN COMMISSION BILL NO. 37-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 621 AND 625 LINCOLNWAY EAST, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to refer this substitute bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 8, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING SEPTEMBER 24, 2012 BILL NO. 38-12 AN ORDINANCE 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 Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 22, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. REPORT FROM HISTORIC PRESERVATION COMMISSION BILL NO. 35-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATED AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 8, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Scott advised that the Keller Park Neighborhood Association starting back up. Diana Hess is leading the start up. October 11, 2012 will be their organizational meeting and advised that he will have more information to follow-up at a later date. Councilmember Henry Davis, Jr., advised that he has been approached with some concerns regarding the Renaissance District and the amount of energy that it will be emitting. He was advised that it would not be much. However, there is an electromagnetic field there because of the trains. He stated that more information and answers would be available in a few weeks regarding the grounding of the transformers. He also stated that he would like to get some information on Eddy Street Commons Block Party. He also stated that he had some concerns regarding the parking lot for St. Joseph Grade School. Councilmember Davis stated that in the paper were some comments from School Board Member’s Roger Parent and Bill Sniadecki regarding school closing. He advised that he has great concerns on the closing of any schools. He would like to set up a meeting with the SBCSC School Board to discuss this matter. Councilmember Valerie Schey advised that she is also following Councilmember Tim Scott’s lead on going paperless. Councilmember Oliver Davis advised that he would like to hear feedback from his constituents regarding the placement of bus shelters. He also advised that they are working with potential developers regarding the A.J. Wright building. Council President Dieter thanked the Administration for their hard work on preparing the 2013 Budget. He stated that they have high expectations and sometimes it can seem confrontational but the Council does appreciate all the time and dedication that the Department of Administration and Finance puts forth during this long and tedious process. PRIVILEGE OF THE FLOOR Mr. Napoli stated that he did not hear what the Council did with Bill No. 35-12. Council President Dieter advised that Bill No. 35-12 has been referred to the Zoning & Annexation Committee and set for Public Hearing and Third Reading on October 8, 2012. 17 REGULAR MEETING SEPTEMBER 24, 2012 Councilmember Oliver Davis asked for clarification if we get a letter from our City Attorney. Council Attorney Kathleen Cekanski-Farrand stated that as the Mayor noted there is a series of discussions going on to try to negotiate a win/win solution on that situation. She stated that she was also advised by the City Attorney this morning that she would keep our office advised as to whether that date is a good date or whether they will need additional time, but she proposed the th 8. Jesse Davis, P.O. Box 10205, South Bend, Indiana, stated some concerns regarding the search for a Director of Public Works and Police Chief. He also voiced concern regarding the reprimand of Police Office Stilp. He stated that he has concerns about Police Chief Hurley working for the coroner who works with Metro Homicide. He stated that the Federal Court and Local Court fighting it out regarding the tapes is just a stall tactic. Sam Brown, 222 E. Navarre, South Bend, Indiana, had concerns regarding Wal-Mart on Ireland Road selling guns and ammunition. Christine Jacobs, 52942 Camellia Dr., South Bend, Indiana, stated she was concerned about Wal- Mart on Ireland Road selling guns and ammunition. Greg Brown, no address given, stated concerns regarding Wal-Mart selling guns and ammunition. He stated that he took a picture of a Wal-Mart employee leaving the gun cabinet with assault rifles unlocked. Lawrence Grant, 721 E. Dubail, South Bend, Indiana, commended President Dieter and the Council for standing up to the administration. Dale Anderson, 719 W. Ewing, South Bend, Indiana, thanked the Council for their letter to Prosecutor Michael Dvorak. He stated that however what the prosecutor’s office states and what he believes happened to his son are like night and day. He stated that there are major discrepancies, the straw, the chair, and what drug it was. He stated that he would just like to get to the bottom of this. Shana Penn, P. O. Box 274 Mishawaka, Indiana, stated that there are contradicting reports regarding the Michael Anderson case. She asked Dr. Ferlic to contact her to go over what they have. She stated that she doesn’t think that the City Attorney’s Office, the Prosecutor’s Office or the Police Department actually understand that I have been given report, that are completely contradicting what they say. She invited them to sit down with her to see their side of it. She stated that you will see the information that Ken Cotter provided is either fictitious by way of information that was provided to him or he is just misinformed. Either which way the information is not coinciding with information that has been provided to her. She stated that they have not divulged everything that they have for strategic purposes obviously, but there is information that will lead you to understand. She stated this family shows up every two weeks and they are going to continue to show up. She stated that in regards to these tapes, she stated she doesn’t know when the Mayor is going to finally stand up and start working for the people. She stated he was elected, she stated that she wasn’t responsible for that. But he was elected and he was supposed to work for the people, not the prosecutor’s office, not the police, the people. So when he takes Karen DePaepe and Darryl Boykins out of his position and instead of doing the right thing and putting them back into their positions, “cause we know damn well that they didn’t do anything wrong” and then you allow the protecting of the people on the tapes. What he is failing to realize is that all the people that’s ever called that line are now going to have a claim against the city. Anybody that called will have a claim against the city because your five people have a claim against the city. So when is he going to stand up and start doing what is right for the city instead of his friends that sit behind him. 18 REGULAR MEETING SEPTEMBER 24, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:22 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19