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HomeMy WebLinkAbout10-22-12 Common Council Meeting Minutes REGULAR MEETING OCTOBER 22, 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, October 22, 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 October 8, 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 SPECIAL MEETING OF THE SOUTH BEND COMMON COUNCIL Council Attorney Kathleen Cekanski-Farrand advised that there will be a Special Meeting of the South Bend Common Council for the sole purpose of hearing Bill Nos. Substitute Bill No. 42- 12; 43-12; 44-12; 54-12; and 57-12 for Public Hearing, Second and Third Reading on Monday, th October 29, 2012 at 6:00 p.m. in the Council Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Councilmember Scott made a motion to the aforementioned. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand noted that three (3) of those bills are budgetary related; one involves the non-bargaining salary ordinance for next year as well as a proposed bill for the firefighters. Their ratification vote will take place later this week. RESOLUTION NO. 4208-12 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 1 REGULAR MEETING OCTOBER 22, 2012 Whereas, the South Bend Common Council notes that the National Blue Ribbon Schools Program recognizes public and private elementary, middle and high schools where students perform at a very high levels or where significant improvements are being made in students’ levels of academic achievement; and Whereas, since 1982, the U.S. Department of Education’s National Blue Ribbon Schools Program has honored America’s most successful public and private elementary, middle, and high schools, with each such honored school awarded a National Blue Ribbon Flag to proudly fly at their school’s entrance; and Whereas, the Common Council recognizes that the South Bend Community corporation is St. th Joseph County’s oldest and largest school corporation and is the 4 largest in Indiana; and Whereas, the Council notes that LaSalle Intermediate Academy, located at 2701 West Elwood thth Avenue in South Bend, educates students in the 5 through 8 grade under the leadership of Principal Nathan Boyd, who oversees many special programs such as creative learning studios, science labs, independent research, technology infused instruction, state of the art computer labs, accelerated mathematics programs, foreign language programs and an on-site television studio; and Whereas, LaSalle Intermediate Academy has developed a “uniquely designed curriculum” which consists of core advanced academic objects which exceed the expectations outlined in the Indiana Academic Standards. Now, therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly commend and congratulate LaSalle Intermediate Academy for being selected by the U.S. Department of Education as one of eight Indiana schools selected for the 2012-2013 academic year as a “National Blue Ribbon School.” Section II. The Common Council wishes the students, teachers and staff of LaSalle Intermediate Academy continued success, and commend all of these highly motivated students, their parents, dedicated teachers and staff, to continue to live by their motto: 100% Effort, 100% of the Time, The LaSalle Intermediate Community Supports and Empowers Learners! Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Tim Scott, 711 Forest Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Principal Boyd and the staff of LaSalle Intermediate Academy. A Public Hearing was held on the Resolution at this time. 2 REGULAR MEETING OCTOBER 22, 2012 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Principal Boyd thanked the Council for this honor. He also commended the 850 students and staff at LaSalle. He noted that this is the second blue ribbon honor, the first was awarded to the former LaSalle High School. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Henry Davis seconded the motion which carried. RESOLUTION NO. 4209-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING SISTER SUSAN KINTZELE, C.S.C., FOR HER COUNTLESS CONTRIBUTIONS FOR THE BETTERMENT OF OUR COMMUNITY Whereas, the South Bend Common Council is proud to recognize that Sister Susan Kintzele, C.S.C. was one of eleven Sisters of the Holy Cross who celebrated their jubilee years in Holy Cross this Summer, with Sister Sue celebrating her Golden Jubilee having made her First Profession in 1962; and Whereas, the Common Council notes that for the past 52 years, Sister Susan Kintzele, C.S.C., has diligently and compassionately worked on behalf of the poor and disadvantaged throughout our city in countless community service outreach programs; and Whereas, since 1975, Sister Sue has served as the Director of the Bail Bond Project, and can be seen almost on a daily basis counseling many persons in and around the St. Joseph County Courthouse and throughout downtown South Bend; and Whereas, as a trained Pastoral Counselor, who earned her undergraduate degree from Saint Mary’s and her Master’s from Notre Dame in mathematics, Sister Sue donates her time and many talents to countless boards and commissions some of which include overseeing the LaSalle Park Homes, Dismas House of Michiana, the YWCA, JJC’s Pastoral Advisory Board, the Parish Council of St. Augustine Church, the Justice and Peace Center, and the DuComb Center of St. Joseph County; and Whereas, Sister Sue was one of the leaders who spearheaded the raising of over $200,000 to support the mission of Saint Mary’s College’s Office for Civic and Social Engagement, a nationally recognized resource center which facilitates St. Mary’s volunteer efforts in the community; and Whereas, Sister Sue has been honored for her dedicated work & service as part of the Prisoner Re-Entry programs, “Companions on the Journey”, & received the T. Brooks Brademas Lifetime Achievement Award for over 35 years of ministering to inmates - just to name a few of her many honors & awards, while she continues to teach math at IU South Bend. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council honors, publicly commends and congratulates SISTER SUSAN KINTZELE, C.S.C., a native of Michigan City for her many, many deeds of kindness and in particular for carrying out along life’s journey to “work collaboratively to forge just political, economic and social structures in solidarity with impoverished and excluded persons”. Section II. Sister Sue’s work in prison ministries provides hope in times of despair and “encouragement to those who need it”. Perhaps one of the most telling of all of Sister Sue’s many attributes is the time she spends as a godmother to 15-year old Annie Johnson, a 3 REGULAR MEETING OCTOBER 22, 2012 sophomore at St. Joseph High School, who she has helped raise since Annie’s infancy, who she affectionately calls “The Village Child”. Section III. The South Bend Common Council is humbled to publicly salute and honor a special 71-year old Sister of the Holy Cross, SISTER SUSAN KINTZELE, and hopes that her life’s journey continues to be filled with her addressing social and community challenges in her special caring and compassionate way. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Oliver J. Davis, 1801 S. Nash Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Sister Sue. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Schey made a motion to adopt this Resolution by acclamation. Councilmember Henry Davis seconded the motion which carried. Sister Sue thanked the Council for this honor. She thanked her parents and sister for all their love and support. She stated that she is not doing extra-ordinary things, just things that needed to be done. She stated that she believes there is good in everyone, you just need to help them find it. RESOLUTION NO. 4210-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF OCTOBER AS DIGNITY & RESPECT MONTH Whereas, the University of Pittsburgh Medical Center is a complex organization with over 55,000 employees, who introduced in November 2008, a campaign to promote a broader sense of accountability in order to help unify a shared belief that everyone deserves to be treated with dignity and respect; and Whereas, prior to this campaign, the University of Pittsburgh Medical Center’s inclusion efforts included one person in charge of diversity training, and posting Martin Luther King Jr. Day posters; and Whereas, the Dignity & Respect Campaign has grown into a national campaign where communities throughout the nation declare the month of October as “Dignity & Respect Month” which is recognized as a time to remind persons to take the Dignity & Respect Pledge and promote the “30 Tips of Dignity & Respect” developed by UPMC where persons work to make 4 REGULAR MEETING OCTOBER 22, 2012 our country and the world a better place; with more information being available at http://www.dignityandrespect.org; and Whereas, this community-based initiative is aimed at promoting, in addition to dignity and respect, the principles of trust, fairness and the willingness to listen thoughtfully and learn from individuals throughout the entire community; and Whereas, the Dignity & Respect Campaign advocates positive learning environments and sportsmanship as well as partnerships with school corporations, health care facilities including nursing homes, where community, neighborhood, business & elected leaders at all levels of government have continuing dialogue and develop meaningful outreach programs focused on positive measureable outcomes and goals. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend joins the communities throughout the nation in declaring the month of October 2012 as “Dignity and Respect Month” in South Bend, Indiana. Section II. The Common Council appreciates the value and attributes of a diverse population which is dedicated to family, community & culture. The Council encourages each and every resident, student, business leader, and all members of the faith-based communities to work together with the elected leaders of our City to help foster an atmosphere of greater respect and dignity throughout our City. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember’s Oliver J. Davis, 1801 Nash Street, South Bend, Indiana, and Karen White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this Resolution by first offering their comments and then reading the Resolution in its entirety. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Schey made a motion to adopt this Resolution by acclamation. Councilmember Fred Ferlic seconded the motion which carried. REPORTS FROM CITY OFFICES Update Mayor Pete Buttigieg: 5 REGULAR MEETING OCTOBER 22, 2012 Mayor Pete advised gave a monthly update on recent progress. He stated that the Diversity Utilization Board and Trinal Inc., had their first breaking down barriers outreach program. He stated that this program is designed to bring more women and minority owned businesses in to do business with the city. In particular he thanked Councilmember Karen White as well as Gary Gilot from the administration and Tony Fitts with the board for their leadership on this issue. This is certainly not the last of that, the next one will be a simulated exercise to stimulate capacity building in minority and women owned businesses in the community. He congratulated Councilmember Valerie Schey for her very successful “Community Pet Day” at the King Center. He stated that animals had vaccination, chipping and other services. He stated that he is currently sending out a weekly voice mail to all city employees to give them an update on city activities on Monday morning. He stated that they will record it on Friday afternoon and have it available on Monday morning. He advised that this Wednesday the “Taste of Unity Harvest Celebration” it will be a great chance to see what the Unity Gardens are up to this fall. He stated that they are one of the fastest growing non-profit organizations. On Thursday, it will be the “Lights on After School” at the Boys and Girls Club and that’s a chance for communities across the country to celebrate after school programs and their benefits. On Friday, the annual “Red Ribbon March” against drugs and violence, he noted that this is a very important event and will begin 10:30 at the Colfax Cultural Center on Lincolnway West. The following Tuesday, October 30, 2012, is the next Mayor’s Night Out. It will be in Councilmember Oliver Davis District 6, at the Rum Village Nature Center. He stated that Councilmember Davis has been working to get the word out so that his constituents are in attendance. He stated that all citizens are welcomed to attend. The day after on Wednesday, October 31, 2012 is Halloween. The Board of Public Safety has approved Trick or Treating hours. The goal is to promote safety and they are asking that trick or treating take place between the hours of 5 p.m. – 7 p.m. on Halloween. He stated that the police department is hosting “Fun Fest” a safe place for kids to come out celebrate have some candy, that is from 5 p.m. – 7 p.m. on Monday, October 29, 2012. He congratulated the South Bend Parks and Recreation Department for securing its CAPRA (Commission on Accreditation of Park and Recreation Agencies) members from the Park Department are in California accepting the award of that accreditation. He stated that it’s a great deal and a ton of work went into being re-accredited. He stated that South Bend has recently been named as a finalist for the Code for America Program. He stated that this is an opportunity for the city to benefit from some technology professionals working with that project to make our administration and city more tech savvy. He stated that they are going to create programs and help bring ideas to make the city more efficient and hope to save taxpayer dollars in the long run. Stay tuned there will be more information on that. He congratulated the South Bend Fire Department, they put out bids for new fire trucks and were able to save by doing the bidding a little bit smarter they were able to save tens of thousands of dollars on two new fire trucks for the city and invited everyone to reach out to the fire department leadership and found out how they were able to pull that off because he felt it could be an example for all departments on how smarter bidding could be procured throughout the city to save tax payer dollars. He thanked all the Councilmembers for their hard work, time and effort on the 2013 budget. He stated that we are very close to the goal and is looking forward to the final two sessions between the administration and Council to discuss the important issues driving our city forward. He stated that he wanted to be sure that Councilmembers had some additional material regarding the vacant and abandoned properties task force. He stated that Councilmember Scott has been doing a great job of keeping Councilmembers updated and has been contributing a lot to the group. He stated that because it is taking longer than he originally anticipated for us to have a final report, he wanted to make sure before any budget vote that the Council had some information that would at least give you the sense in an outline of where things are headed. (A copy of the outline is on file in the Office of the City Clerk) He stated that the fall leaf pick-up is underway. He stated that you may call the Street Department if you leaves are at the curb and ready to go. He noted that early pick-up ends on Halloween and then after that they go into the full blown operation re-leaf. He stated that is going to start on Monday, November 5, 2012. Finally, he urged Councilmembers to join with City Employees in giving to United Way. The City of South Bend has been a great contributor and we are going to try even better this year. Gary Gilot, Interim Public Works Director and Michael Mecham, City Engineer gave an update on the Olive/Sample (Jasinski) Overpass. 6 REGULAR MEETING OCTOBER 22, 2012 Mr. Gilot advised that the Olive/Sample Overpass represents a large complex transportation infrastructure project. He stated that they have been approached by the County Engineer, as you know the county has the responsibility over bridge structures, overpasses, underpasses, etc. All the bridge money goes to the county. However, this is beyond what the county can tackle. It requires collaboration on some of the design work, right-of-way work, the local match for construction and have formed an inter-local between the Board of Public Works and the County Commissioners to do this project together seeking 80% federal funds. He stated that they will invest 2 million dollars of city money, the county will invest 2 million dollars and bring 10 million of federal funds into this project. Overall, this is a 14 million dollar project beyond the ability of the county or scope of the city to do alone. He stated that our work through collaboration this important piece of transportation infrastructure on the west side to continue to serve. Mr. Mecham that the city was approached by the county to help out with the Olive/Sample overpass. He stated that if anyone has driven on it lately, it is in very bad condition. He stated that this is located in an industrial area and it is extremely important to keep transportation areas in our industrial areas in good condition. Mr. Mecham referred to the power-point to go over the reconstruction of the overpass. (A copy of the power-point presentation is on file in the Office of the City Clerk. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:50 p.m. Councilmember Oliver J. Davis made a motion to resolve into the Committee of the Whole. Councilmember Schey 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. 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 7 REGULAR MEETING OCTOBER 22, 2012 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 Substitute Bill No. 42-12; Bill No. 43- 12 and Bill No. 44-12, will need a motion to continue those bills in the Council Portion and to have Second and Third Reading at the Special Meeting set for October 29, 2012 at 6:00 p.m. in th the Council Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Councilmember Oliver Davis made a motion to accept the above mentioned motion by the Council Attorney. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38-12 PUBLIC HEARING 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 Councilmember Oliver Davis made a motion to continue this bill until the November 12, 2012, meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 35-12 PUBLIC HEARING ON A BILL 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 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 no recommendation. Mr. Tim Klusczinski, 617 Park Avenue, South Bend, Indiana, advised that he currently serves as President of the Historic Preservation Commission (HPC) of South Bend & St. Joseph County, Indiana. The HPC is one of this State’s three oldest preservation authorities. It’s an honor to address the Council this evening. He stated that he would like to have his comments made part of the Council record: “I don’t believe the local media fully presented the HPC’s position on the 8 REGULAR MEETING OCTOBER 22, 2012 Avon. So I’d like to take this opportunity, here at this public forum, to clarify the rationale behind preservation and to dispel the myths regarding local designation. If any of you have any misconceptions, then I am thankful for this opportunity to serve your duty for fact-finding. Forgive me for mentioning anything that you already know. First, the HPC is a government agency, not a club, or a not-for-profit organization, nor a museum or a corporation. Article 13 of South Bend’s municipal code dictates that the HPC shall have the following duties: “Survey, identify, plan for and advise the Common Council concerning the designation of historic districts (and) historic landmarks. The Historic Preservation Commission shall recommend the designation of historic landmarks and the establishment of Historic Preservation Districts on the basis of historical and cultural significance, educational value and suitability for preservation. I don’t mean to belabor the basis for the HPC’s recommendation that the Avon achieve local designation, but it’s worth repeating that it was chosen because of its broad historic meaning, public outcry, architectural merit as an example of the period revival style. Movie Houses like the Avon wee uniquely built and designed. No two were exactly alike. You won’t find another in South Bend or across the nation. The Avon is worth keeping. The building appears to be structurally sound. Both plaster and façade damage are considered to be cosmetic elements and should be repaired. The recommendation for local designation is based upon objective standards, shared by academics and city planners and urban designers; also used by the U.S. Department of the Interior, the National Parks Service, the Indiana Department of Natural Resources, and the National Trust. The Historic Preservation Commission made its recommendation using these standards when it determined that the Avon met or exceeded qualifications as a Local Historic Landmark. The publicized, “compromise” presented to the HPC was analogous to the library getting to keep only pages from some of its prized books. Unlike a museum, the HPC promotes community appreciation of shared amenities by using them – not by collecting dust. Historic Landmark designation does not limit the building to any use. Only the outside of a landmark is subject to preservation standards. The building can be reinvented completely on the inside. Reasonable exterior changes are approved. HPC does not care what a building is or does. Designation does not mean the Avon must remain a theater. There is no mandate for a marquee. Adaptive reuse is left up to the owner. Designation does not mean that millions be spent to restore the Avon either. That’s only propaganda. Furthermore, designation does not prevent new additions from being constructed or becoming a component of a prospective library expansion. And regardless if the building is a landmark or not, it need only be maintained according to the same standards for buildings throughout South Bend. The HPC believes that the best way to preserve the terra cotta façade is to display it on the building for which it was intended. The “choice” advertised by library officials offered only souvenirs in exchange for the values that the HPC board pledged to support. I couldn’t bring myself to do it. Others felt the same way. In 2008, I had the privilege to attend a conference by National Alliance of Preservation Commissions. The City of New Orleans hosted the event, showcasing the impact of historic preservation as a revitalization tool following Hurricane Katrina. In his keynote address, Mr. Jon Nau – then Chairman of the President’s National Advisory Council on Historic Preservation reported, that heritage tourism yields a 19:1 return in investment. He said that if you guys forget everything else from the conference remember that fact. And when you go back home, make sure your community leaders understand it. Bear in mind that for any heritage tourism to take place, we must celebrate our collection of downtown historic buildings. Crushing historic resources won’t promote that strategy one bit. We must use historic designation to sustain our built environment and stimulate public interest if we hope to reap those cultural benefits. For anyone here in these chambers that does not like old buildings, cares less about architecture, hated studying history in school, or thinks preservation is a waste of time. I challenge you to show me a program that promises a similar return on our investment. 19:1. A few years ago, the White House recognized both South Bend and St. Joseph County as “Preserve America Communities.” This distinction brings with it a potential for heritage tourism dollars and economic opportunities – opportunities desperately needed here in our downtown. The Avon fits into this model as a prestigious anchor in our city’s central downtown sector. It is part of a family of buildings that if demolished will never be duplicated in style, quality of construction, or as a part of our history. It is through the continued use of buildings like the Avon, that we retain the unique architectural flavor that is South Bend. After six decades of old habits netting fewer and fewer architectural examples, we’ve reached a critical mass in protecting those that remain. It’s imperative that we explore any and every opportunity to reuse vintage building stock before submitting to more tired demolition. It feels like 1960 all over again. If we want better results for our city, its neighborhoods and downtown, we must choose 9 REGULAR MEETING OCTOBER 22, 2012 solutions over burial in the landfill. We must be proactive in promoting our historic resources and the opportunities for repurposing that they offer. We must give the Avon this distinction as a Local Historic Landmark. Of all the lectures, presentations, workshops, advice and strategy sessions, that I’ve had the pleasure to attend here – none ever professed or concluded that modern planning should continue to mirror urban renewal. Been there, done that. We must shift from repeating our mistakes into recovery mode. The word on the street is that as long as the Avon stands, the library will have difficulty realizing its new facility. While this is a popular argument, it is not exactly accurate. I feel that both buildings can prosper independently of one another or mutually coexist. Most importantly, there should not be anyone who believes that the Avon cannot be designed into any future library expansion. I was informed that the Notre Dame School of Architecture is now considering this design project – if wrecking balls don’t beat them to it. For Me, it’s unrealistic (and a little silly) to think that the library’s 2007 design proposal must be accepted as is, and without changes. But just for the sake of argument, let’s talk about that design for a minute. Within the one proposal that we do have, the building plan provides a brand new audio-visual center. All we have to do is flip the blue print, and the new A-V center will be in the same spot that the Avon now occupies. It’s a workable plan. Imagine a library with an Avon or Strand auditorium. What a novel idea. How did the library and its team of architects miss that? In the same way that the Historic Preservation Commission struggled over setting a bad precedent – given the choice between artifacts and values, our city must also guard itself against the temptation of double standards. Isn’t it true that South Bend was recognized as Indiana’s Green Community of the Year? Outstanding! A brochure on the City’s website advertises the qualifications. Buzz words like “Recycling,” “Reclamation,” “Smart Growth and New Urbanism,” “Future Vision,” I applaud this Council, our Public Works Department and the Administration and others for this achievement. We save enormous amounts of money with innovative control systems for traffic, and our CSOs, water management, we heat the very Botanical Conservatories (nearly) demolished a few years ago) with wasted heat from computer servers, we host discussions on urban planning and recycle vast amounts of materials from paper to aluminum cans. Commendable. So let’s crush the Avon. Let’s forfeit the embodied energy within the building roughly equivalent to the community’s effort in recycling 6 million aluminum cans and negate that effort completely. Stack ‘em up and that tower reaches nearly 20 miles high (half way into the Stratosphere). Poof! Given that we must also manage our landfills, in this Green city, I would be very interested in studies that measure debris from our buildings. The national average suggests that construction material is responsible for between 25% and 40% of landfill waste. With the booming demolition business here in South Bend, I wonder how big our pie chart slices might be? Everything about sustainability relates to economy as much as ecology. I am frustrated that the library rejected suggestions to maintain the Avon and apply its demolition money toward façade repairs. Too expensive they say. But given that the library planned to spend (and still plans to spend), somewhere between a $235,000 and $305,000 dollars for the privilege to demolish the building there is no tax savings offered by their plan. I think our tax dollars should be applied toward repair efforts since it also preserves the value and the potential of an asset worth considerably more. The library’s facility expansion is also proposing a demolition of the current building at Main and Wayne Sts. These combined costs for demolition and reconstruction of a building that was recently renovated is $4 million dollars (a 2007 estimate that continues to escalate), I still maintain that if the library chooses to incorporate the Avon into its new design, the construction costs for rehabbing the existing Avon are a trade- off for building a brand new space. Because when qualified architects are consulted, adaptive reuse can be cost-effective alternative over new construction. And for any community that prizes it history, it’s worth doing anyway. For a number of years, we’ve confronted the problem of slumlords in our community. Property hounds take advantage of devaluation or foreclosures, then stuff the houses full of renters, and extract excessive revenues for profit. Neighborhood houses suffer from gradual decline despite the diligent efforts of Code Enforcement. By the end of this cycle many houses – too many houses – are so upside down that they fail the market for new investment. Then we pay to knock ‘em down and maintain vacant lots. I wonder how this Council would respond, if just one of these so-called investors purchased a prominent building in our downtown, avoided the usual expectation of maintenance (say for terra cotta facing) until he could make a demolition by neglect case? Would this be allowed to continue for years? Is that our policy? If this happened in a residential district, what would Code’s response be? I’m sure that a great number of vulture capitalists are waiting to see just what happens with the Avon. What’s good for the goose they say… I grew up here in South Bend. I’m a taxpayer. At the start of our great love affair with urban renewal, I remember shopping downtown with my 10 REGULAR MEETING OCTOBER 22, 2012 parents and grandparents. Then it started…bulldozers and wrecking balls. From my house on the west side I saw the cityscape fall right before my eyes. Out skyscrapers were leveled. Monuments were buried in the landfill. I was told that old buildings had to make way for new opportunities. People believed that whenever our city could spend that much money, a grand vision would be fulfilled. All I knew was that there was less need to shop downtown, to eat downtown, to go downtown. I’m sure that the public officials that served this community back then, believed that momentum would bring progress. Economy could proceed on a blank state. But that never happened. It’s 2012, what have we done? Why are we still doing it? We’re still knocking down buildings that could be repurposed for less than new. We’re still racing to build Mishawaka’s biggest parking lot – in my downtown. I most definitely respect the issues that today’s Council must confront. It can’t be easy. I respect all of you that serve this community in so many ways. I wish you had many of our lost resources for bargaining. But we have a great deal to be thankful for. And a community that is willing to support your efforts with loyalty and creative solutions. City Plan was drafted with that enthusiasm. In it our community expressed its model for prosperity. From “Urban Design” on page 102, “Preserving buildings, structures and neighborhoods enhances the unique character of a place and maintains the historic built environment. Preservation also helps maintain identity and educates people about a community’s history. I’m not here to pick fights with our local library officials. The library as an institution is a much needed, underutilized resource. I visit the library regularly. I promote our library. But the library and I have a strong disagreement over the preservation of community assets like the Avon. I was disappointed when the library board failed to utilize the some or all of the building in its new design (like the South Bend Civic Theater originally intended.) I favor true win-win solutions for the community. There is no reason that this community can’t have an Avon venue among its repertoire of cultural attractions – something that folks on both sides of this issue can enjoy and be proud of. Local designation will begin a dialogue that only promises to bring about solutions that this community and the next generation may enjoy. There are so many reasons why designating the Avon makes sense. I’m hoping that one – just one – earns your vote today. I ask that you grant Local Historic Designation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mic Perry 901 E. Fox, South Bend, Indiana, South Bend, Indiana, quoted the song Parking Lot “They paved paradise and put up a parking lot” He urged the Council to vote in favor of granting Local Historic Designation. Samir Younes, 1122 Foster, South Bend, Indiana, advised that he is an Associate Professor at the Nanovic Institute for European Studies. Karen Haun, 50727 Sean Ct., South Bend, Indiana, advised that her hometown is Asheville North Carolina and they too had debated whether or not to designate historic buildings. She stated that they have managed to keep the southern charm along with the historic landscape. She urged the Council to vote in favor of this bill. Sam Lima, 528 River Avenue, South Bend, Indiana, spoke in favor of this bill. He urged the Council’s favorable recommendation. Catherine Hostetler, Director, Historic Preservation Commission, spoke in favor and stated that any theater should be saved. She urged the Council to grant the designation. Elicia Feasel, Assistant Director, Historic Preservation Commission, 125 S. Lafayette Blvd, South Bend, Indiana, spoke in favor of this bill. She presented the Staff Report. A copy is on file in the office of the City Clerk. Michael Voll, 1721 W. Northshore, South Bend, Indiana, urged preservation for the next generation. He urged the Council to vote favorably on this bill. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, stated that he believes that there have been scare tactics used on the falling façade. He urged the Council to vote in favor of the designation. 11 REGULAR MEETING OCTOBER 22, 2012 Jesse Davis, P. O. Box 10205, South Bend, Indiana, advised that this is no different than the school board president wanting to get rid of the teacher because she is too old. He urged the Council to grant designation. The following individuals spoke in opposition to this bill. Jim Masters, 211 W. Washington, South Bend, Indiana, Attorney for the St. Joseph County Public Library, advised that the Library acquired the Avon Theater building in March of 2007, for the specific purpose of demolishing it to make way for the new main library to be built in 2018/2019. Prior to the library’s purchase of the building there was interest shown in that building by a local theater group. It was determined then that the building was in such bad condition that it was not economically feasible to restore the building for use as a theater. The library owns every building on the block bounded by Main St.; Wayne St.; Michigan St.; and Western Av. All of those buildings were purchased at the time when the seller was willing to leave the buildings and vacate. The buildings are all abandoned. The library is surrounded by abandoned buildings. The library cannot expand south because the alley to the south is the location of numerous utility easements that serve downtown South Bend. So the long range plan developed by the Library Board to expand the library building on the east side of the north/south alley, with Wayne Street on the North, Michigan on east and Western to the South. In the spring of this year the Library announced its plans to demolish the Avon Theater and the other vacant buildings that surround the Library. In July, without any prior notice to the Library, without the opportunity for the Library to be present, the Historic Preservation Commission held a public meeting, put the Avon on under interim protection to stop the demolition of the building. The Historic Preservation Commission then submitted the Bill No. 35-12 to declare the Avon Theater Building an historic landmark. There was no evidence presented before the Historic Preservation Commission that the Avon Theater building is historic in any way. The job of the Historic Preservation Commission is to develop facts and evidence to present to you to support a recommendation to declare a building to be historic. Instead, the Historic Preservation Commission wants to tell the Library board where to build a library and when to build a library and how to build library and how much money to spend on a library. None of that is within their jurisdiction. The Library Board is a dually constituted agency that services eight (8) of the thirteen (13) townships in St. Joseph County has a population of over 166,000 residents and over 200,000 library card holders. Its jurisdiction far exceeds that of the Historic Preservation Commission, which by the way, has absolutely no fiscal responsibility, no responsibility for expenditures of tax payer dollars. The Avon Theater building is not historic in any way, it was not the registry of Historic local landmarks when the library purchased it 2007. At the October th 8 meeting of the Zoning & Annexation Committee, chaired by Councilmember Oliver Davis, he informed the Council then, that the library director and the director of Historic Preservation had entered into a memorandum of understanding to recommend to their respective boards a resolution of this dispute. Under that proposal the library would remove the terra cotta from the building, give it to the Historic Preservation Commission and the Historic Preservation Commission would withdraw this bill and allow demolition of this building. The following week, last week, October 15, 2012, the majority of the Historic Preservation Commission voted to reject that memorandum of understanding proposed by their Director and forced a decision on whether the building should be demolished on you. He pointed out that the Council’s appointee to the Historic Preservation Commission did vote to accept the memorandum of understanding. He also noted that the Director of Historic Preservation claims that proposal as being the best compromise that could be faced. He informed the Council that at its meeting tonight the library board adopted a resolution that former resolution is contained in the binders given to the Council by the library as “exhibit x”, it is the last document in your binders. By this resolution the library board states that if the Common Council rejects Bill No. 35-12 which will thereby allow the library to demolish the Avon Theater it is nonetheless the intention of the library board to have the terra cotta removed prior to demolition. The Library Board voted tonight to allow a contract with a contractor that specializes in building excavations to photograph, inventory and remove the terra cotta prior to demolition. The library will store the terra cotta and will decide later on whether to offer the terra cotta for sale, to donate it to a group for preservation, to use some or all of it in the new main library building or some other use for the terra cotta. 12 REGULAR MEETING OCTOBER 22, 2012 Don Napoli, Director, St. Joseph County Public Library, 1841 N. Adams, South Bend, Indiana, stated that the Council should have received this large folder. It sums up everything that has taken place over the past fourth months. He stated that in his long 27 page letter that goes into all of the details as to what it is going to cost, why it is not redeemable, he stated that you are going to hear from one of the engineers who study the building from two different perspectives which show that there are some serious structural problems with that front façade terra cotta whether they tear it down or not. That terra cotta needs to be taken off before anything can be done, because the front wall has to be re-built. It is out of plumb, and it is so much out of plumb, that it doesn’t meet code. The building has a lot of problems and he is afraid that they are not going to be solved with just a few dollars. He stated that there solution is to take the terra cotta off, store it, take care of it, and find a way to use it later. He stated that they have an estimate of what it is going to cost to do that approximately $69,000.00. The library would pay for that cost. Deborah Futa, Assistant Director, St. Joseph County Public Library, 59866 Myrtle Road, South Bend, Indiana, advised that demolish of the Avon does pave the way for a new main library. She stated what would it take to plan a building of this magnitude. While seven years may seem like a long time to plan, but it was actually five years ago when they began to visualize a new central library for the community. Judging from Western Avenue to Wayne Street with the Michigan Street façade a newer library is poised to be the southern anchor to the downtown. Hours and hours of planning and discussion have already gone into these initial stages. It is disingenuous to believe that incorporating the Avon into the new main library would be an easy solution. To the urge to save a building with a crumbling façade and an interior that has no real redeeming features makes no sense to them. SJCPL has a history a building lively, of being good stewards of tax payer dollars. A township branch opened in 1999 it was completely paid for on the day it opened. Lakeville Branch built in 2007 was also completely paid for on opening day. Planning a new main library takes years of planning and we are in the middle of that planning right now. She stated that their goal is to be able to build a new building without an increase in property taxes. She stated that they have a history of building projects and have achieved that goal going all the way back to the 1980’s. She stated that their plan does include a bond issue for approximately half of the cost. As for the rest, they are already in the process of saving operating and capital project funds. She stated that they have established a development office back in 2011 to raise funds through donations. She stated that their mission is to continue to be this communities library. Over a half-million people still come through the main library doors every year. She stated that they have been meeting those needs for over 125 years. Much longer than the Avon with its uneven history. She stated that they are building the next generation of readers and to educate the community is a productive and engaged community. She stated that they are going be right here in down town South Bend continuing to offer our community to learn and grow for the future and continuing to help South Bend to be a vital city. Bob Masters, 211 W. Washington, South Bend, Indiana, advised that he is one of the attorneys for the library. He stated that he spoke earlier today in Councilmember Oliver Davis committee and reiterated what a privilege it was to be speaking on behalf of the Library because he is probably the only one who can say he spent his day advocating for books. There is no reason that you should know this about him, but he was an English major at Notre Dame and when he worked in Chicago, he was a reading tutor on his lunch hour and proud to say that he got his library card from the Tutt Branch when he was in kindergarten. With all that said about books, he wanted to talk to the Council about views. He stated that it was presented to you during the public comments that over 550 people belong to a Facebook group called “Save the Avon” it was suggested to you that all these people support saving the Avon. He stated that as a young lawyer you stick to what you can prove in court. If this were a court of law the evidence would be rejected as misleading and unreliable. Almost half of the people in that Facebook page were invited or added by either Historic Preservation itself who by the way created the Facebook page or its director. He asked why would he say that? Because if you are the administrator of a Facebook Group you can add people or invite them to your group and they will show up as members of your group without having to give any consent. He stated that he knows that to be a fact because he is the administrator of an alumni group for his theater group at Notre Dame and just to test this out, about a month ago he added his little brother who had no interest in our theater group and he showed up as a member of the group. He stated that what he is suggesting to the Council is that statistic showing all these people supporting “Save the Avon” is 13 REGULAR MEETING OCTOBER 22, 2012 extraordinarily misleading. Those people are not indicative of supporting the Avon and think it might surprise the Council that some of the members of this Common Council in fact appear in that group as supporters of the Avon. Not saying that you support it, he is not saying that you oppose, he is saying that you probably don’t know if you were added to that group, just like a good deal of those people probably don’t know that they were added to the group. Nick Schafer, Communication Development Coordinator, St. Joseph County Public Library, no address given advised that there have been a lot of things that have been talked about this evening and one element that he wanted to speak about is that about parking. Parking is a by- product of this plan. It is an issue in downtown South Bend that they all know about and in the long term plan as you see in the binders they have addressed that in the interim once the space that is currently occupied by the former Avon Theater comes down, they will put up some parking as a temporary solution. But what you have to realize is that footprint in the schematics that were provided to the Council. The space occupied by the Avon Theater is what will be children’s services. It’s what will be local and family history, it is getting in the way of progress and that is what they are here for tonight to hope that the Council will agree with them. BILL NO. 54-12 PUBLIC HEARING 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 Councilmember Dieter made a motion to continue this bill until the October 29, 2012 meeting of the Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 55-12 PUBLIC HEARING 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 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. th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Buttigieg advised that this bill would fix the annual salary compensation for the Mayor. He stated that the compensation represents a 2% increase. He noted that he plans to forgo this pay increase and donate 4% of his salary back to the general fund. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 14 REGULAR MEETING OCTOBER 22, 2012 BILL NO. 56-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 201 Councilmember Dieter disclosed that he is a member of the South Bend Police Department and has been since 1975. After discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflicts exists. Councilmember Oliver Davis made a motion to accept the substitute version of this bill as on file with the Office of the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand advised that on behalf of the City’s Advisory Negotiating Team for Police, we are pleased to recommend for your passage attached Substitute Bill No. 56-12. This proposed ordinance would establish maximum salaries and monetary fringe benefits for 2013 and 2014 for sworn members of the South Bend Police Department. It would establish premium cots for medical insurance at the same rate as all other city employees. It would recommend that the Board of Public Safety designate Martin Luther King as a designated holiday for sworn members who work a regular schedule of 5 on and 2 off, consistent with the Council’s Resolution adopted in February of this year. Noting that sworn members of the South Bend Police Department received no base salary increase in either 2010 or 2011 when rank re- structuring was taking place, Substitute Bill No. 56-12 would establish base salary increases for rd all ranks except Patrolman 3 Class at 2.5% in 2013 and 2014. Would establish a modest residency incentive of $250 in 2013 and $400 in 2014 for police officers who live within the South Bend city limits on a continuous permanent basis. Would create a special duty pay if a Limited English Proficiency (LEP) program is established which reflects the changing nd demographics of South Bend residents. Would adjust seniority-shift premium pays for the 2 rd Detail officers (afternoons) and 3 Detail officers (Midnights) who have eight (8) years or more of seniority in the hope of providing an incentive for more senior officers to work those shifts as well as modest adjustments in longevity which have been frozen for many years. It would establish a special duty pay for Certified Meth Technicians in light of the training and certifications which are necessary and needed in light of this growing public safety concern; and would increase the special duty pay for the Uniform Crime Scene Technicians whose services are critical to successful prosecution in court, and would maintain several important programs previously established, such as the Tuition Reimbursement Program and various on-call duty pays for qualifying officers and sworn members of the South Bend Police Department. She noted that the City Advisory Negotiating Team would like to thank the Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36, and in particular their Spokesperson and attorney Mr. Leo T. Blackwell, for their hard-work and dedication to the negotiating process. Because of their leadership the ratification vote of the rank and file members of the FOP overwhelming approved the City’s last, best and final offer by a 98% margin. She stated that Substitute Bill No. 56-10 reflects the goals and objectives jointly established by the South Bend Common Council, the Board of Public Works, the Police and City Administration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Steven Noonan, President Fraternal Order of Police, Lodge #36, spoke in favor of this bill. He urged the Council for their favorable consideration. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill. 15 REGULAR MEETING OCTOBER 22, 2012 Councilmember Dieter made a motion for an unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Henry Davis, Jr., seconded the motion which was defeated by a roll call vote of seven (7) nays and two (2) ayes (Councilmember’s Dieter, Henry Davis, Jr.) The motion was defeated. Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Schey seconded the motion which carried by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Dieter, Henry Davis, Jr.) BILL NO. 57-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 Councilmember Henry Davis, Jr., made a motion to continue this bill until the October 29, 2012 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58-12 PUBLIC HEARING ON A BILL OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2013 Councilmember White, Chairperson, Personnel & Finance 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. Council President Derek Dieter made the presentation for this bill. He advised that at the recent Personnel & Finance Committee meeting the Council’s budget was reviewed the proposed 2013 salary for the Councilmembers. He stated that if approved this would represent a 2% increase. 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 Oliver Davis made a motion for favorable recommendation to full Council concerning this bill. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes and two (2) nays (Councilmember’s Scott, Gavin Ferlic.) BILL NO. 59-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 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. th John Voorde, City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the presentation for this bill. 16 REGULAR MEETING OCTOBER 22, 2012 Mr. Voorde advised that according to state law a separate salary ordinance is required. Meeting that requirement this bill requests a 2% salary increase is submitted your Council consideration. He advised that other non-bargaining City employees have been budgeted for this same increase. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 61-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-13 (A) AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT TO THE COMMUNITY INVESTMENT DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH 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. th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Buttigieg advised that the Community and Economic Development Department has been reorganized, and now desires to change its name to the Community Investment Department to reflect a comprehensive approach to improving the quality of life for all in South Bend, with Departmental functions that include, but are not limited to, business assistance, administration of economic resources, neighborhood and community engagement, and urban planning. The Department’s current title may suggest that the two roles of community development and economic development are separate functions, while the new title integrates these two into a more holistic approach that invites a broader spectrum of considerations into any policy action. He noted that the title Community Investment, itself, reflects the policy position that applications of community resources are to be viewed as an investment rather than a subsidy, with leveraged return for benefit of the entire South Bend Community. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. At 9:45 p.m. Councilmember Dieter made a motion for a five (5) minute recess. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. The Council was back in session at 9:50 p.m. 17 REGULAR MEETING OCTOBER 22, 2012 RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen 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 9:50 p.m. President Dieter presided with eight (8) members present. BILLS – THIRD READING BILL NO. 35-12 A BILL 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 This bill had third reading. Councilmember White made a motion to defeat this bill. Councilmember Scott seconded the motion which carried by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis Jr.) (Councilmember Oliver Davis was not present in the Chamber at this time.) Councilmember Oliver Davis returned the Council Chambers at this time. ORDINANCE NO. 10191-12 AN ORDINANCE 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 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. 18 REGULAR MEETING OCTOBER 22, 2012 ORDINANCE NO. 10192-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 Councilmember Dieter 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. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Dieter, Henry Davis Jr.) ORDINANCE NO. 10193-12 AN ORDINANCE OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 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 six (6) ayes and three (3) nays (Councilmember’s Scott, Fred Ferlic, Gavin Ferlic.) ORDINANCE NO. 10194-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2013 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10195-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-13 (A) AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT TO THE COMMUNITY INVESTMENT DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4211-12 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 19 REGULAR MEETING OCTOBER 22, 2012 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located west and adjacent to 1441 N. Michigan Street, South Bend, Indiana, in order to permit the continued use of such property as off-street parking serving the building and athletic fields adjacent to such property. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- 09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The 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 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. Mark Lyons, Assistant Zoning Administrator, Building Department, Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. 20 REGULAR MEETING OCTOBER 22, 2012 Mr. Lyons advised that the petitioner is seeking a Special Exception to allow an off-site parking lot in a “U” University District. He advised that the Area Board of Zoning Appeals held a public hearing on September 5, 2012 and sends it to the Common Council with a favorable recommendation. th Richard Deahl, Attorney, Barnes & Thornburg, LLP, 100 N. Michigan Street, 6 Floor, South Bend, Indiana, made the presentation for this bill on behalf of the University of Notre Dame du lac and the Brothers of Holy Cross, Inc.. Mr. Deahl advised that they are seeking the approval of a “special exception” to allow the existing off-street parking area located West of the existing Saint Joseph High school building to continue to serve the building and adjacent athletic fields in the event any portion of such property is rezoned from “R Single Family to “U” University zoning district. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4212-12 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 1038 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVID W. & MARY B. MURPHY WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 1038 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northwest Quarter Section 1, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot “A” as th shown on the plat of “Boyd-Snee’s Subdivision, First Replat” recorded June 13, 2012 in the office of the St. Joseph County, Indiana Recorder as Instrument No. 1217686. , and this property has Tax Key Number 18-5105-3702.02be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, 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 a Residentially Distressed 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 a Residentially Distressed Area. 21 REGULAR MEETING OCTOBER 22, 2012 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. 22 REGULAR MEETING OCTOBER 22, 2012 SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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, Jr., Chairperson, Community & Economic 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. Mary Murphy, Apt. #1B, Building #35, University of Notre Dame, Indiana, made the presentation for this bill. Ms. Murphy advised that she and her husband intend to construct a 2,500 – 2,700 square foot residence. The home will have three-four bedrooms with 3½ baths, along with a finished basement, two-car garage, and a screened in porch. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards required by that program. The cost of the home will be $450,000 - $500,000. Total taxes to be abated during the five (5) year abatement period are estimated at $1,893.34. Total taxes to be paid during the five (5) year abatement period are estimated in the range of $23,367.05 - $26,190.55. A Public Hearing was held on the Resolution at this time. Councilmember Gavin Ferlic advised that he will not be supporting this bill. He stated that he believes that abatement should be preserved for more desirable areas. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Scott made a motion to adopt this Resolution. Councilmember Oliver Davis seconded which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Gavin Ferlic.) BILL NO. 12-79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE SOUTH BEND CITY ADMINISTRATION TO UTILIZE MINORITY-OWNED BUSINESSES AND WOMEN- OWNED BUSINESSES AS MUCH AS POSSIBLE FOR THE RESIDENTIAL CURBS AND SIDEWALK PROGRAM WHEN WORK IS TO BE PERFORMED BY INDEPENDENT CONTRACTORS 23 REGULAR MEETING OCTOBER 22, 2012 Councilmember Varner made a motion to continue this bill until the November 12, 2012, meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4213-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE LINCOLN PARK NEIGHBORHOOD REVITALIZATION 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 Bend, which recommends that area-specific plans be developed for portions of the City to provide strategic direction in the future growth and development of that area; and Whereas, the City of South Bend has undertaken the responsibility to prepare a Revitalization Plan for the Lincoln Park Neighborhood of South Bend; and Whereas, the Lincoln Park Neighborhood Revitalization Plan contains a detailed land use plan for the development of the area with public and private sector investment opportunities; and Whereas, the Lincoln Park Neighborhood Revitalization Plan, which is attached hereto and incorporated herein, contains all the elements necessary to strategically guide development in the Lincoln Park Neighborhood, 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 Lincoln Park Neighborhood Revitalization 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 Henry Davis, Jr., Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Chris Dressel, Planner, Community Investment Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Dressel advised that the South Bend Redevelopment Commission has prepared a Revitalization Plan for the Lincoln Park Neighborhood located to the immediate west of downtown South Bend. This area is bounded to the north and east by Lincolnway West, to the west by Blaine and LaPorte Avenues, and to the south by an east-west alley north of LaSalle Avenue. In order to accomplish the Lincoln Park Neighborhood Revitalization Plan, it is necessary for the South Bend Common Council to approve and adopt it. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill: 24 REGULAR MEETING OCTOBER 22, 2012 Ann Mannix, 724 W. Washington, South Bend, Indiana Ruby Smith, 1122 Vernon, South Bend, Indiana LaTonya Jackson, 1001 Oak St., South Bend, Indiana Mary Cherry 1016 Oak St. South Bend, Indiana Rev. Greg Brown, 1238 Diamond, South Bend, Indiana Virginia Jackson, 1016 Oak St., South Bend, Indiana They all stated that they were in favor of this bill and encouraged the Council’s favorable consideration. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Henry Davis, Jr., seconded the motion which carried. The Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 62-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance and Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 12, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM THE AREA PLAN COMMISSION: BILL NO. 74-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS Councilmember Henry Davis, Jr., made a motion to accept the substitute version of this bill as on File in the Office of the City Clerk. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Oliver Davis made a motion to refer this bill to the Zoning & Annexation Committee and set for Public Hearing and Third Reading on November 26, 2012. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420 U.S. 31 S. SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT COUNCIL DISTRICT #6 IN THE CITY OF SOUTH BEND, INDIANA 25 REGULAR MEETING OCTOBER 22, 2012 BILL NO. 50-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2222 WEST WASHINGTON, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 51-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243 & 1247 CAMPEAU, SOUTH BEND, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer Bill Nos. 48-12; 50-12 and 51-12 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on November 12, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis, Jr., announced that the South Bend Redevelopment Commission th will be meeting Thursday, October 25, 2012 at 9:30 a.m. in the Council Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana to discuss the Fellow Street Project. He encouraged all to attend. PRIVILEGE OF THE FLOOR Jesse Davis, P.O. Box 10205 South Bend, Indiana, asked why there are so many interim city employees. He also asked what percentage of franchise fees from Comcast go to public access? Sam Brown, 222 E. Navarre, South Bend, Indiana, questioned where he needed to get a lawyer. He stated that some people have been sending threats to the red shirts. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 10:19 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 26