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HomeMy WebLinkAbout01-14-13 Common Council Meeting Minutes REGULAR MEETING JANUARY 14, 2013 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, January 14, 2013 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 Oliver J. Davis 6 District, Vice-President th David Varner 5 District 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 December 10, 2012 and the January 2, 2013, meetings of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Dieter announced that the South Bend Common Council is accepting applications for citizen members for its 2013 Standing Committees. He also announced that there are openings for the Century Center Board of Managers; Historic Preservation Commission; Human Rights Commission; Redevelopment Commission and Urban Enterprise Association. He advised that applications may be found on-line on the Council’s website and in th the Office of the City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Applications are to be filed in the Clerk’s Office by January 31, 2013. RESOLUTION NO. 4226-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RD DECLARING MARCH 23 OF EACH YEAR AS SCHUYLER COLFAX DAY IN SOUTH BEND, INDIANA, IN RECOGNITION OF HIS PUBLIC SERVICE CAREER, HIS DETERMINED DEDICATION TO CIVIL RIGHTS AND THE TH PASSAGE OF THE 13 AMENDMENT Whereas, the South Bend Common Council notes that on March 23, 1823, Schuyler Colfax was born in New York City, five (5) months after his father, Schuyler Colfax, Sr. died of tuberculosis, and notes that his grandfather fought closely with George Washington in the American Revolution; and 1 REGULAR MEETING JANUARY 14, 2013 Whereas, Schuyler Colfax attended public schools until the age of ten (10), when he was forced to leave school and work as a retail clerk to help support his mother, his grandmother and himself; and Whereas, in 1834, Schuyler Colfax’s mother, Hannah Stryker Colfax and his step-father, George W. Matthews were married, and they moved to Indiana in 1836 where Schuyler Colfax began working in his step-father’s store and at a village post office to help support his mother; and Whereas, it is reported that Schuyler Colfax would sit on barrels while working, and would read newspapers and borrowed all books possible to educate himself. At the age of 16 years he wrote articles and sent them to Horace Greeley, the editor of the New York Tribune, who published his writings about the Indiana legislature and Indiana politics. This resulted in a close friendship between them which lasted the rest of their lives; and Whereas, in 1841, Schuyler and his mother and step-father moved to South Bend when his step-father was elected as the Whig candidate to be the St. Joseph County Auditor and hired young Schuyler as his deputy. At the age of 19, Schuyler was hired by the Indiana Whigs to serve as editor of The South Bend Free Press, a paper he later purchased in 1845 and renamed it The Saint Joseph Valley Reporter which Harriet Beecher Stowe later called it a “morally pure paper”; and Whereas, in 1848, Schuyler Colfax served as a delegate to the Whig Convention. In 1849, he led the opposition to a provision in the new Constitution for the State of Indiana which barred African-Americans from settling in the state or from purchasing property; and Whereas, anti-slavery Whigs like Schuyler Colfax sought to build a new party which eventually merged as the Republican Party and he worked to have a “firm anti-slavery plank in their platform” when he arrived as a new Congressman in the House of Representatives in 1855; and Whereas, Schuyler Colfax served as the Chairman of the Committee on Post Offices and Post Roads where he was known for battling southern representatives over the slavery issue and where it was reported that “Mr. Colfax took an active part in the debate, giving and receiving hard blows with all the skill of an old gladiator”; and went on to travel widely speaking at countless Republican and anti-slavery events which helped unify the party for the 1860 Presidential election; and Whereas, on January 1, 1863, Schuyler Colfax was present at the White House when President Abraham Lincoln signed the Emancipation Proclamation; and Whereas, in December 1863, Schuyler Colfax, who had become a widower earlier that year and had no children, was elected Speaker of the House of Representatives, where he earned the titled as the “most popular Speaker since Henry Clay”; and Whereas, as depicted in the movie Lincoln, Schuyler Colfax was Speaker of the House of Representatives when he broke precedent, and specifically requested that his vote in favor of the Thirteenth Amendment be recorded; which resulted in the Washington newspaper correspondence hosting a dinner to celebrate the passage of the Amendment and specifically honored Schuyler Colfax; and Whereas, on April 14, 1865, Schuyler Colfax met at the White House with President Lincoln to discuss Reconstruction who invited Speaker Colfax to join him at Ford’s Theater later that night, before the Speaker began a long tour of the mining regions of the western states and territories between the Rocky Mountains and the Pacific Ocean. Mr. Colfax declined only to be awakened later that night to spend the rest of the evening and early morning hours of April 15, 1865 at the President’s bedside; and 2 REGULAR MEETING JANUARY 14, 2013 Whereas, declining to run for either the United States Senate of Governor of Indiana, Schuyler Colfax stated that presiding over the House as Speaker was “the more important office” than presiding over the Senate as vice-president; and Whereas, in November of 1868, Ulysses S. Grant and Schuyler Colfax were elected, with st Schuyler Colfax becoming the 1 Speaker of the House to ever be elected Vice-President. Days th after the election, the 17 Vice-President elect married Ellen Wade, the niece of the Ohio Senator whom he had earlier defeated for the vice-presidential nomination. In April of 1870, Schuyler Colfax III was born who would become Mayor of the City of South Bend in 1898; and Whereas, leaving public elected office in 1872, Schuyler Colfax began a career as a public lecturer on his wartime relationship with President Lincoln. On January 13, 1885, on his way to another speaking engagement in Iowa, Schuyler Colfax was at a train station in Mankato, Minnesota where the temperature was reported to be 30 degrees below zero, was stricken by a heart attack and died. Whereas, it was written by Logan Esarey that: “…South Bend lost its most distinguished citizen, and the country not only a leading statesman and patriot, but a good and noble man as well. He was among the most eminent men of the west, whose life record forms an integral part of the history, and not alone of South Bend but of the state and nation, and who is therefore most worthy of special mention in a work of his character….” Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The South Bend Common Council believes that the countless contributions made by Schuyler Colfax, some of which include his loyalty as a leader and unsung champion of the passage of the Thirteenth, Fourteenth and Fifteenth Amendments; as a leading orator; a th dedicated public servant as Speaker of the House of Representatives and as the 17 Vice- President of the United States should be publicly honored and celebrated. Section II. The Common Council notes that Schuyler Colfax name appears on schools, streets and many buildings in South Bend and that his final resting place in the City Cemetery located on North Elm Street, just west of downtown South Bend, which is the oldest formal cemetery in the city. Section III. The Council further believes and agrees to spear-head, in collaboration with members and organizations throughout our community, an annual event dedicated to fostering greater attention and reflection upon some of the many Constitutional reforms which Schuyler Colfax dedicated his life to for so many years. Section IV. The South Bend Common Council hereby declares Saturday, March 23, 2013, as Schuyler Colfax Day in South Bend; and calls upon relatives of Schuyler Colfax, our teachers & educators, parents, residents and businesses to participate in creative programs aimed at honoring this special person who made our country a better place because of his tireless efforts. Section V his 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 3 REGULAR MEETING JANUARY 14, 2013 s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Oliver 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. 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 Scott seconded the motion which carried. RESOLUTION NO. 4227-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THOMAS “WILLIE” JONES, A MEMBER OF THE VIETNAM VETERANS OF AMERICA FOR HIS ACTS OF HEROISM Whereas, the South Bend Common Council notes that on August 7, 1942, Congress established the “Navy and Marine Corps Medal” which is the senior peacetime award for heroism; and Whereas, the “Navy and Marine Corps Medal” is awarded to a person who has “distinguished oneself by heroism not involving actual conflict with an enemy for acts of lifesaving, or attempted lifesaving…at the risk of one’s own life”; and Whereas, the “Navy and Marine Corps Medal” was first bestowed during World War II, with one of the first recipients awarded the medal being John F. Kennedy who was the Commanding Officer of the Motor Torpedo Boat PT-109 for his valiant rescue of fellow officers; and Whereas, the Common Council notes that Thomas “Willie” Jones, a graduate of Washington High School in South Bend, entered the service at the age of 18; was assigned Service # 591-76-89 and served on the U.S.S. Greenwich Bay as a member of a Navy-Marine Reconnaissance Unit; and Whereas, Thomas “Willie” Jones, who achieved the rank of SM3 was a member of the ship’s rear starboard 20 mm gun crew. He was the first crew member to discover and locate a 20 mm shell which had been accidently dislodged. Thomas “Willie” Jones, along with Seaman Innocent Harshaw, successfully lobbed the shell overboard saving the crew from a catastrophic explosion. 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 & congratulate another special person from South Bend for recently being awarded the Navy and Marine Corps Medal, namely Thomas “Willie” Jones who is being recognized for his non-combat acts of heroism during his military service during the Vietnam War. 4 REGULAR MEETING JANUARY 14, 2013 Section II. The Common Council thanks Thomas “Willie” Jones for his service to our country and his service to our community; and wishes him and his many family members and friends the very best, as he continues to enrich South Bend and those around him. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Councilmember Henry Davis, Jr., 5117 Idlewood Drive, 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 Thomas “Willie” “Nick” Jones. 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. Thomas “Willie” “Nick” Jones, thanked the Council for this honor. Councilmember Schey made a motion to adopt this Resolution by acclamation. Councilmember Scott seconded the motion which carried. REPORTS FROM CITY OFFICES th Eric Horvath, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that they have been looking at the issue down near the New Energy area on Calvert, Meade Prospect Street, along that whole area. He stated that they were made aware of the ground water table that has come up since New Energy shut down after they went into bankruptcy. He stated that they will continue to look at that area and try to figure out where all the elevations are to where the existing basements are in comparison to where the ground water tables are and put some monitors in to measure the ground water table. He stated that they are taping the elevations right now to try to determine how big of an issue this is. What the residence need are possible solutions to help resolve this serious issue. He noted that just today they are also looking for options for assistance and will continue to look for those options. He stated that they had a meeting today to try and make sure that they have all the residence that are having an issue out there and having contact information so that as they get updates they can continue to keep them informed with what the City is doing to try to help find resolution to the problem. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:22 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 74-11 PUBLIC HEARING ON A BILL 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 5 REGULAR MEETING JANUARY 14, 2013 BILL NO. 64-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE Councilmember Dieter made a motion to combine Bill Nos. 74-11 and 64-12 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that a joint meeting of the Zoning & Annexation, Personnel & Finance and Health and Public Safety Committees was held and it was the consensus of the committees to send these bills to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand read amendments into the record for Bill No. 74- 11: On page 2 Section 21-.02.11 (a)(G)(i): delete “Animal Control Department” insert “Department of Code Enforcement.” On page 3, Section 21-02.11 (a)(G)(ii): delete “And criminal” Councilmember Varner made a motion to accept the amendments as read. Councilmember Oliver Davis seconded the motion, which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic made a motion to amend this bill: On Page 3, Section 5-15 Add the following NEW Paragraph (g) to read as follows: (g) The Code Enforcement Department, in conjunction with the Law Department, created pursuant to South Bend Municipal Code Section 2-13, shall be responsible for creating appropriate form(s) needed to carrying out the provisions of this section. Such forms(s) shall include, but not be limited to, a form requiring a property owner to provide notice to all of his/her adjacent property owners of his/her filing of an application for an Urban Chicken Permit, required in paragraph © of this section. A thirty(30) day period from the date of filing an application for an Urban Chicken Permit shall be given for adjacent property owners to respond, after receiving such notice from the applicant by certified mail. If all adjacent property owners have given consent or failed to respond within thirty (30) days of mailing of the notice, a permit may be issued, if all Code provisions have been met. If all adjacent property owners do not consent, an administrative review hearing shall be conducted by the Code Enforcement Department with notice of the time, date and location of being provided to the applicant and all adjacent property owners and/or adjacent non-owner residents, with such hearing being conducted pursuant to South Bend Municipal Code Section 4-16. Councilmember Dr. David Varner seconded the motion. The motion was defeated by a roll call vote of six (6) nays and three (3) ayes (Councilmember’s Dr. Fred Ferlic, Oliver Davis, and Gavin Ferlic.) th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor, County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that this bill is a text change, initiated by 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. In November 2009, the idea of allowing the raising and care of chickens was introduced to the Common Council. For the past three years, the staff of the Area Plan Commission, representatives from Code Enforcement, other City departments, and the Purdue Cooperative Extension Service, met with representatives from the Urban Chicken Alliance to draft an ordinance in the best interest of the City and its residents. She noted that 6 REGULAR MEETING JANUARY 14, 2013 Section I adds the terms “chicken coop or chicken pen” to the list of accessory buildings under 120 square feet which care exempted from the total number allowed. Section II first provides for the keeping of chickens. It established development standards such as the number and type of chickens allowed; details about the construction and location of either a “chicken coop” and “chicken Pen’; and permitting requirements. Section III adds definitions of “chicken coop” and “chicken pen.” Ms. Nayder advised that the staff would note that the proposed setback for the coops will limit the applicability of the ordinance to the larger city lots. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The policy decision as to whether or not to allow the keeping of chickens within the city limits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Staff’s opinion that this ordinance provides reasonable protections to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. Councilmember Henry Davis, Jr., along with Scott Palmer, and Susan Greutman, of the South Bend Chicken Alliance, made the presentation for this bill. They advised that this bill will allow residents to keep us to six female chickens, or hens, but no roosters. The chickens may not be kept for commercial purpose and /or butchered, the ordinances states, and they must be confined to a coop (house) and Pen (run or yard) constructed of standard building materials. The pen may not contain more than 120 square feet of floor space, according to the bill and it must be at least 15 feet from the property line and at least 20 feet from the nearest home. They noted that anyone wishing to keep chickens under the ordinance must obtain a $20 permit from the city, which must be renewed on an annual basis. The purpose of the permit fee if to support enforcement efforts by the Department of Code Enforcement. Scott and Susan from the South Bend Urban Chicken Alliance, presented a Power Point presentation on the benefits of backyard chickens. The Alliance noted that backyard chickens provide food in the form of fresh, organic eggs to people who might not have access to such product otherwise, promote food security, and help educate people about where food comes from. The alliance supplemented its presentation with a pamphlet that was passed out prior to the meeting (a copy is on file in the Office of the City Clerk.) They also handed out fresh eggs to Council Members from a nearby farm. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: th Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that this bill should not be a problem to enforce. She stated that she was skeptical at first. However, they have brought in six chickens already st since the 1 of the year to Animal Care & Control. She stated that this bill may help bring in compliance for those who are not and have chickens already. Karen Coleman, 508 E. South St. , South Bend, Indiana, President South Bend Urban Chicken Alliance Inc. which was set up not only to pass this bill, or help with the bill, but also to support it further. One of their biggest goals is to help educate the public most people who are going to have chickens and who are not as was seen in the PowerPoint, they have lots of people on board to help with that. For example the Unity Gardens began classes last Saturday. Purdue Extension has a great 4-H program for children and their parents to get involved in as well. She stated that they have a Facebook page of over 220 people; folks that every time they join say what can they do to help with this. Stone Circle Art located in River Park is also offering to help educate and be a supporter. She stated that she has a Girl Scout Troop and she is sure more will join and want to sponsor families who want to have chickens either monetarily or helping to build coops. She stated that they have lots of group stepping up like that to help. Also the library is helping to educate people both through their organization and their own effort. In short, we have a married of talents and energy who are here to help support this bill. Another concern that they want to be able to help code with is if there are strays they would be contacted and they have a list of growing farmers in over 15 people who have volunteered to help transport chickens if need be. 7 REGULAR MEETING JANUARY 14, 2013 She stated that she really appreciates being able to work with the Council Members and Catherine Toppel. Brian Hoover, 1714 Belmont Drive, South Bend, Indiana, spoke in favor of this bill. To speak of possible noise complaints from chickens, a dog kept outside can bark all night, a cat kept outside can fight all night, chickens when the sun goes down they find a perch and go to roost and are dormant and quite until morning, unless some predator attacks them or something. He thanked the Council for their consideration and urged the Council to passed this bill. Audrey Boyd, 1922 Randolph Street, South Bend, Indiana, stated that it will be wonderful to have chickens to raise. She stated that they will be fun to watch. She asked the Council for their favorable consideration. Juliet Head, 515 W. Marion, South Bend, Indiana, stated that she wanted to commend the late Martha “Marti” Lewis, who was the first advocate to bring urban chickens to light in South Bend. She stated that it would be commendable to associate this bill with Marti. Grace Coleman, 508 E. South St., South Bend, Indiana, stated that she first was associated with raising chickens as a project for 4-H. She stated that she loves to take care of them and looks forward to being able to do so in her own backyard. Mitch, U.S. Hwy 6, Unity Gardens, stated that the Unity Gardens will be holding classes on Urban Chickens. He stated that they also will be the rescue for chickens. th Kathleen Pettijohn, 119 26 Street, South Bend, Indiana, urged the Council not to raise the standard for those that want to raise chickens. She stated that the proposed additional stipulations would make it too difficult. She urged the Council to vote in favor of this bill without any additional stipulations. The following individual spoke in opposition to this bill: Mr. Bill Sykes, St. Joseph County resident, expressed concern about whether the city would be able to enforce the ordinance and what that might mean for the chickens. He stated that they are going to find chickens in dumpsters and chickens wandering around in the alleys in South Bend. He stated that he is a chicken owner himself and that they is a lot of responsibility and cost involved in raising chickens no matter how many. There being no one else present wishing to speak to the Council either in favor of or in opposition to these bills, Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 74-11 as amended. Councilmember Scott seconded the motion which carried by a voice vote of six (6) ayes and three (3) nays (Councilmember’s Dr. Fred Ferlic; Dr. David Varner and Oliver Davis.) Additionally Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 64-12. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes and two (2) nays (Councilmember’s Dr. Fred Ferlic and Dr. David Varner.) BILL NO. 70-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i)(2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. 8 REGULAR MEETING JANUARY 14, 2013 Council President Derek Dieter made the presentation for this bill. He advised that this bill is a “housekeeping measure” so that newly renamed Community Investment Department will be overseen by the proposed “Community Investment Committee.” He stated that as you recall that the City Administration recently filed an ordinance changing the department’s name which was passed by the Council on October 22, 2012. He noted that the Council has eleven (11) Standing Committees with each having specified areas of jurisdiction. This bill would formally amend the South Bend Municipal Code so that the names are consistent. 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 that bill, Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to full Council. Councilmember Gavin Ferlic 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 8:33 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10212-13 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 This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember White made a motion to pass this bill as amended, and refer back to the Area Plan Commission for further action, in light of the amendments. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and three (3) nays (Councilmember’s Dr. Fred Ferlic, Dr. David Varner and Oliver Davis.) 9 REGULAR MEETING JANUARY 14, 2013 ORDINANCE NO. 10213-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Schey made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Dr. Fred Ferlic and Dr. David Varner.) ORDINANCE NO. 10214-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i)(2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4228-13 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 3733 LOCUST ST., SOUTH BEND, INDIANA 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: 10 REGULAR MEETING JANUARY 14, 2013 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 at: 3733 Locust Street, South Bend, Indiana in order to permit: A Government Facility; Indiana Tribal Government Office for the Pokagon Band of Potawatomi Indian, a Federally recognized Native American Tribe with a service area in the State of Indiana. 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 Dr. Fred Ferlic, 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. Mark Lyons, Assistant Zoning Administrator, St. Joseph County Building, Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a Special Exception to allow a governmental office in a “SF1 District, on property located at 3733 Locust Road. He stated that the Area Board of Zoning Appeals gave it public hearing on November 7, 2012 and sends this bill to the Common Council with a favorable recommendation. Mr. Jason Wesaw, Government Manager, Pokagon Band of Potawatomi Indians. Mr. Wesaw advised that the Pokagon Band of Potawatomi Indians are asking for a special exception to allow a governmental office in a “SF1” District, on property located at 3733 Locust Road, Portage Township, Zoned “SF1”. He stated that they would like to use it as a satellite office for their governmental services. 11 REGULAR MEETING JANUARY 14, 2013 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 Henry Davis, Jr. 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. 4229-13 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3801 SCHAFER GEAR DRIVE a/k/a 3849 Showerlux Drive TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF EXTENDING THEIR FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3801 Schafer Gear Drive, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Schafer Gear Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #10A as shown on the plat of “H.G. Baus Centre-Phase One First Replat” subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71-03-21-300-001.000-009, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 4085-11 on February 28, 2011; and WHEREAS, the Petitioner will exceed the two year designation period granted in the Confirmatory resolution, which will expire on February 28, 2013; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 12 REGULAR MEETING JANUARY 14, 2013 SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Scott 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. Councilmember Gavin Ferlic, Chairperson, Community Investment Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Greg Dowell, South Bend Gear, LLC, advised that South Bend Gear, LLC was approved for a personal property tax abatement on February 28, 2011. They would like to receive a one year extension on the abatement. They have already exceeded their projected payroll amount of $641,000. The company has made investments in equipment in excess of $9,000,000. They intend to invest a total of $15,600,000. the project is expected to crate 14 new jobs. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Henry Davis, Jr. 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. 4230-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 228 E. BRONSON STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 228 E. Bronson Street, South Bend, Indiana, and which is more particularly described as follows: Lot B Monroe- Sample Replat and Lot E Monroe-Sample Replat and which has Tax Key Numbers 018-3025-0910; 018-3025-0912; 018-3021-0793; 018-3024- 13 REGULAR MEETING JANUARY 14, 2013 090101; 018-3092-3513; 018-3025-09401; and 018-35104-03004 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Jeff McGowan, CPA, Kruggel & Lawton, 210 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill on behalf of the owner Curtis Products, Inc. Mr. McGowan advised that Curtis Products, Inc. fabricates metal tubing and related assemblies for customers engaged primarily in the agricultural industries throughout the United States. He stated that the equipment to be purchased includes a Socco electric CNC tube blender, a hose crimping machine, four tank cleaning lines with hoist and automation, a Manchester M78 end forming machine, a MK2 Pillar induction braze machine, and an air compressor 60 HP. The total cost of the equipment is estimated to be $674,678. He stated that taxes for the five year abatement are estimated at $58,752 and taxes abated for the five years would be $6,661. 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 Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING JANUARY 14, 2013 BILL NO. 13-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 707 S. SCOTT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND WOODWORKS, LLC Councilmember Scott made a motion to strike this bill from the agenda. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4231-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3702 W SAMPLE STREET, SUITE 1125 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3702 W Sample Street, Suite 1125, South Bend, Indiana, and which is more particularly described as follows: Parcel of land, North West of North East Section 1637 2E containing 5.4021 2E acres or less. and which has Tax Key Number 071-08-16-200-003.000-026 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further 15 REGULAR MEETING JANUARY 14, 2013 determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mai Tran, 3702 W. Sample Street, Suite 1125, South Bend, Indiana, made the presentation for this bill. Ms. Tran advised that Triangle Machine Inc. manufactures machined components for a wide variety of industries such as aerospace, automotive, and orthopedic. She stated that they intend to replace a sixteen year old machine with new CNC OKUMA LATHE. The new machine will cost $87,250. She stated that total taxes abated for the five (5) year abatement period are estimated at $861.00. Taxes paid for five years would be $39,254.00. She stated that it is estimated that the project will retain two (2) permanent full-time positions with an annual payroll of $100,00. The project will not create any new positions. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO.01-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY OF SOUTH BEND’S ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 28, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 02-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CALVERT STREET FROM WEBSTER STREET TO KEMBLE AVENUE. BEING 80 FOOT IN WIDTH AND 1248.5 FEET IN LENGTH This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 28, 2013. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING JANUARY 14, 2013 BILL NO. 03-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160.39’ OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 28, 2013. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 04-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT- OF-WAY OF INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 28, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 05-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 28, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 06-13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA 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 January 28, 2013. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION 17 REGULAR MEETING JANUARY 14, 2013 BILL 63-12A REZONING – 1017 W. INDIANA, 1527 & 1531 KEMBLE, AND VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE ST. Councilmember Oliver Davis made a motion to refer Bill No. 63-12A to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on February 11, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 13-07 – SPECIAL EXCEPTION – 127 W. WASHINGTON BILL NO. 13-08 – SPECIAL EXCEPTION – 1107 MISHAWAKA AVE. BILL NO. 13-09 – SPECIAL EXCEPTION – 819 OAK ST. BILL NO. 13-10 – SPECIAL EXCEPTION – 212, 214, 214 ½ & 216 S. MICHIGAN ST. BILL NO. 13-11 – SPECIAL EXCEPTION – 323, 325 & 327 ST. LOUIS ST., 618 MADISON ST. AND 336 HILL STREET Councilmember Scott made a motion to refer Bill Nos. 13-07; 13-08; 13-09; 13-10; 13-11 to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on January 28, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-12 – CONFIRMING TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, L.P. – NEEDS TO BE SET FOR PUBLIC HEARING ON 1/28/13 Councilmember Scott made a motion to refer this bill to the Community Investment Committee and set it for Public Hearing and Third Reading on January 28, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Oliver Davis advised that there will be a Public Works and Property Vacation Committee Meeting to discuss the groundwater issues and concerns near the former New Energy (Ethanol) Plant, on Wednesday, January 23, 2013 at the Rum Village Nature Center, 2626 South Gertrude, South Bend, Indiana Councilmember Henry Davis reiterated that the Council has openings for its Standing Committees and Boards and Commission. He stated that he would like to see more participation and perhaps something put on the morning news to encourage participation. PRIVILEGE OF THE FLOOR Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he would like to see the city’s sewer insurance ordinance reviewed. He stated that the simple solution would be to handle complaints on the city’s website. He stated that citizens need to know who is handling complaints for the city. Mr. Davis filed a South Bend Common Council Privilege of the Floor form and handed to Clerk Voorde. Sam Brown, 415 LaSalle, South Bend, Indiana, stated that he is starting another campaign to see the Police Chief. He stated that the citizens need to see him. 18 REGULAR MEETING JANUARY 14, 2013 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:00 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19