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HomeMy WebLinkAbout11-26-12 Common Council Meeting Minutes REGULAR MEETING NOVEMBER 26, 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, November 26, 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 (7:01 p.m.) 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 November 12, 2012, Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. REPORTS FROM CITY OFFICES th Ann-Carol Nash, Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, gave an update on Taxi Cabs. Ms. Nash advised that there were several changes to the taxi cab ordinance last year that will become effective this years. Councilmember Oliver Davis received some calls concerned about additional measures might be in place next year. She stated that there were several proposals to the ordinance that was passed last year that did not make it into the final bill. She stated that there was some concern about additional costs that the taxi companies would incur that they will actually not incur. Ms. Nash stated that she handed out a three page summary this afternoon at the committee meeting of the changes that happened last year and that will become effective this coming year. (a copy is on file with the Personnel & Finance Committee Meeting Minutes.) Effective January 2, 2013 all taxi companies must have 6 vehicles in their fleet and 6 drivers working under their company name. She stated that all companies that have applied for licenses do in fact have six or more. So there is no problem with that. She stated that all companies must be equipped to take debit or credit card payments. She stated that all taxi companies must have a uniform insignia to be placed on all cabs. She noted that all vehicles that passed their inspections did have that. 1 REGULAR MEETING NOVEMBER 26, 2012 Mayor Pete Buttigieg gave an update on city activities: Mayor Buttigieg stated that he is trying to emulate some the members of the Council and trying to go paperless. He stated that he is young, but old fashioned, and it will take some time to get used to his i-pad. He stated that he is trying gradually to make that transition. He hoped that everyone had a good Thanksgiving holiday with their families, he stated that he did. Hope everyone was able to take the time to get a little bit of rest. He wanted to acknowledge all of the city employees, especially those in public safety who did work during the course this Thanksgiving holiday. He stated that he would be remiss if he did not mention the major local achievement, for which we in City government can take no credit and that’s the #1 Notre Dame Football Team that we have. He stated that he is already working with others in the community, particularly in the Economic Development community to look at ways that we can make sure that the City of South Bend is taking advantage of any additional publicity and economic possibilities that may arise from the fact that we have a nationally ranked #1 team and make sure that we do what we can as we build up to that game. Mayor Buttigieg advised that we have completed the open enrollment period for employee benefits and health care. He stated that every city employee had to go in and register their preferences even if they were not making a change. It was a lot of work, but it was a success. He stated that he really appreciates Mark Neal and the Department of Administration & Finance after having just come off the budget period and turning right around and getting that open enrollment process taken care of. This week coming up on Wednesday, we have the last Mayor’s Night Out for the year. He stated that his nd goal was to cover every district in the City over the course of the year he started in the 2 st District and now coming full circle and will be in the 1 District, Councilmember Scott’s district and he has been making sure that constituents know about that opportunity. He stated as always it is open to folks from anywhere in the community. He stated that it will be from 5:30 – 7:00 p.m. He stated as we get to the end of the year we start to do the math on how many people we have helped, and well over a couple hundred that they have been able to spend time with, so they are pleased with this program and intend to continue it going into next year. Over the next few weeks he is working on rounding out some final appointments for key positions in the City, which we aim to have complete by the end of the year. The process has taken time, more time than he initially anticipated, but that what is taking to find the best people for the right positions in the City and looks forward to sharing announcements with the Council and the people of South Bend very soon. He reminded the Council that the Administration will be approaching soon regarding tweaks that they would like to make in the structure of the Mayor’s Office. This is something that was contemplated in the budget process and they will in a matter of weeks bring to the Council. The main idea again, is to make sure that they are set up in the best possible way to address community relations and constituents concerns for all the different segments and elements in our diverse community and looks forward to getting some feedback from Council on that vision and structure once they have a chance to share a little more. Mayor Buttigieg advised that the Department of Community Investment and the Department of Law are switching office spaces here in the County-City Building. There was a real unevenness in the square footage that was available and a lot of folks were getting piled on top of each other in the Community Investment Department. So this is a chance to try to even that out a little bit. Also a nice chance to signal to potential folks who might be creating jobs in our community, how seriously we take community investment that we are going to have those folks right on the same floor with the Mayor’s office. The vital work in the legal department continues to be extremely important and will continue to work with that department on a daily basis. He stated that today is the day that the Administration has filed for first reading the ordinance that will make Martin Luther King, Jr. Day a designated city holiday. He stated that he hopes very much that the Council will support this opportunity to honor a great American something that many other communities and the Federal Government do every year. He stated that they have the finishing touches coming on the vacant and abandoned properties task force report. It is very detailed because so much rich information and input came into it. It has proved to be a very thick document so they are working on an executive summary that will be easy to understand and share even as we have all the detail coming together behind it, and is something that he looks forward to doing. He stated that they have started building for the 311 Customer Service line internally and have been advertising some positions that are going to make that a reality. He thanked the Council during the budget process for funding that opportunity, it is going to make our city more accessible to people throughout the community. Last but not least, this is his first opportunity to address the Council since the November elections, thankfully none of us were on 2 REGULAR MEETING NOVEMBER 26, 2012 the ballot, but of course the elections have implications for the City of South Bend. It might be st interesting to know that Senator elect Joe Donnelly is the 1 Senator from the South Bend area in over 100 years. It was 1909 when we last sent somebody to the United States Senate. He stated that he is looking forward to continuing a good relationship with him. He stated that there is a lot for us to watch in terms of the State Legislature and the Governor’s office as well as the U.S. House and so he has reached out to everybody they can in each of those bodies and want to be in communication with the Council as things come across in the United States Congress and in the State Legislature that may affect our ability to meet our goals and in particular he hoped that the Council reaches out to him anytime that he can be helpful in advocating the State House for policies and decisions that are going to benefit the community. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m. Councilmember Oliver J. Davis made a motion to resolve into the Committee of the Whole. Councilmember Scott 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. 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 Dieter made a motion to consider the substitute version of this bill as on file with the Office of the City Clerk. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill and sends it to the full Council with no recommendation. th 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 the petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District; a Special Exception Use to allow a gasoline service station; and eleven variances to allow a convenience store with a gasoline service station facility. On site is an existing convenience store and a single family home. To the north across the alley are single family homes and a church zoned SF2 Single Family and Two Family District. To the east is a vacant house with a business front zoned MU Mixed Use District, and a body shop zoned LB Local Business District. To the south, across Western Avenue, is a parking lot zoned LB Local Business District. To the southwest is a vacant commercial business zoned MU Mixed Use District. To the west is a convenience store zone LB Local Business District. The “LB” Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the “LB” Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The total area of the two lots is approximately ¼ of an acre. There is an existing 1,733 square foot convenience store building covering 17% of the site. Gasoline pumps and nine parking spaces are proposed, covering 73% of the site. The property at the northeast corner of Western and 3 REGULAR MEETING NOVEMBER 26, 2012 Wellington was rezoned CB Community Business District for automotive related uses in 2010. Prior to the map change in 2004 the north side of Western, from Chicago to Meade, was all zoned C Commercial. Western has four lanes. Kenmore has two lanes. The property is currently served by public water and public sewer. The City Engineer commented the parking spaces and aisles were not the correct width. The Department of Community and Economic Development supports the expansion of an existing business and the redevelopment of Western Avenue property. Ms. Nayder advised that this is a public hearing procedure, which includes a rezoning, a special exception use and a number of variances form the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation, and either approve or deny the variances. The rezoning is from MU Mixed Use District to LB Local Business District. The Special Exception Use is for a gasoline service station. In addition the rezoning and special exception, the petitioner is also requesting 11 variances (see page 2 of 4 APC Staff Report.) Ms. Nayder advised that State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the Staff Report. No commitments are proposed. City Plan identifies the area along Western as Commercial and Mixed Use. Western Avenue is a busy and traditional commercial corridor. Changing business patterns have negatively affected the properties, but new businesses are making an effort to locate within the corridor. The most desirable use along this commercial corridor is a commercial use. The expansion of the existing business, when properly buffered, should have a minimal effect on surrounding property values. It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation; Based on information available prior to the public hearing, the staff recommends that the special exception use petition be sent to the Common Council with a favorable recommendation; The staff recommends approval of variances #1, and 3-10 as referenced in Staff Comments, and would recommend variance #2 be amended to include additional shrubs on Western, and #11 be amended to refer to the additional landscaping as shown on the site plan for the Special Exception Use. Ms. Nayder advised that Western Avenue is a major east/west traffic corridor, with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. In the Staff’s opinion, because of the positive redevelopment of this site and its existing configuration, the variances as recommended by the Staff meet the standards for approval. In addition, the Special Exception Use meets the standards for approval of a Special Exception Use in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing for a range of mixed uses. Mr. Anthony Zappia, Attorney for the Property Owners, 52583 U. S. 933 North, South Bend, Indiana, and Mr. Michael Danch, President, Danch, Harner & Associates, Inc, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, Parwinder Kaur and Singh Harjinder. They advised that the petitioners, Parwinder Kaur & Singh Harjinder have been the owners of the real estate at 3539 Western Avenue, for the past few years as shown in the records of the St. Joseph County Auditor’s Office. They desire to expand the services they can supply to their patrons at this location. They have been working with their neighbor, Barbara Dockery of 3527 Western Avenue, owner of the property to the east of the existing convenience store, to purchase her property and add a gasoline dispensing facility. Based on discussions with the Building Department and Area Plan Commission staffs, in order to add the gasoline pumps, the properties would be required to be rezoned, a special use would be required to be approved for the pumps and several variances would be needed to layout the property as shown on the site plan. The convenience store has been in operation for the past several years and the site has been the home of a retail establishment of varying types for the past several decades. The addition of the gasoline as noted requires a rezoning, special use and variances. Once the rezoning is initiated, the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the rezoning necessitates that several variances be approved as well. 4 REGULAR MEETING NOVEMBER 26, 2012 Mr. Zappia noted that they will be installing more cameras and better lighting in and outside of the store to ensure the safety of the customers and employees. He stated that they will be reducing the hours of operation as well as adding an off duty officer to be present. He stated that Sgt. Mike Miller has been the security officer there and will continue that position. He noted that he is very well known at the store, a former west side resident, and takes pride in that. Mr. Zappia noted that video camera will be accessible to South Bend Police Department for review. He noted that there will be a zero tolerance for loitering. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember’s Oliver Davis stated that he was disappointed that the letter that was sent out by the petitioner did not get properly delivered to Ms. Gail Brodie of the LaSalle Park Neighborhood Association. Mr. Danch apologize for not following up on the letter. The following individuals spoke in favor of the bill: Councilmember Oliver Davis stated that his greatest concern was the lack of communication between the petitioners and the neighborhood. He stated that he was disappointed that the letter that was sent out by the petitioner did not get properly delivered to Ms. Gail Brodie of the LaSalle Park Neighborhood Association. Janice Hall, 1400 Block Washington Street, South Bend, Indiana, advised that her grandson got shot at the store nine (9) years ago. She stated that when the store was owned by someone else. She stated that when the new owners took over, she addressed the problems that she saw and what made her not want to do business there. She stated that the new owners were very concerned and cared about changing the way business was conducted there. She stated that she was not asked by anyone to attend the meeting this evening. She stated that she heard about the public hearing tonight and wanted to voice her opinion. Sharon Wells, 409 S. Wellington, stated that she is in favor of the Munchie Mart, it is a nice place. She stated that she is not one to come to public meetings and debate over things, but the owner is a very caring person and she wanted the Council to know that. She stated that he has been trying to keep the area clean, hiring security to keep from just standing around outside of the building. She stated that he is trying to upgrade his business and that is a good thing for the neighborhood. Patricia Lister, 200 Block of Wellington, South Bend, Indiana, stated that the owners of the Munchie Mart should be allowed to upgrade. She stated that the new owners have stepped up on security and now she feels safe going there. Barbara Dockery, 3527 Western Avenue, South Bend, Indiana, advised that she lives right next door to the Munchie Mart. She stated that previously in the past it was such a headache there, there were a tremendous amount of problems. She stated that the new owner is very caring and very concerned about the safety of his patrons and neighbors. She stated that he cleaned all that up and there is no loitering there anymore. She stated that other bigger stores have been allowed to upgrade their stores. She stated that this is a small business who wants to expand and upgrade and they should be allowed to do so. She urged the Council for their favorable consideration. Mr. Jones 2625 W. Washington Street, South Bend, Indiana advised that he has lived there for over 50 years and just found about the Munchie Mart wanted to expand and upgrade this past Saturday. He stated that the owner Ricky is a good person. He stated that the business is an asset to the community. Catherine McCauley, 218 Kenmore, South Bend, Indiana, advised that she has lived there for 9 years and has seen all kinds of things. She stated that she is not here as a character reference for Ricky, but to talk about what kind of business man he is. She said he is a business man who say an opportunity to invest in and now he wants to better his business. She stated that the city has too many buildings that are boarded up all up and down Western Avenue. She stated that the 5 REGULAR MEETING NOVEMBER 26, 2012 biggest problem now is the ingress/egress of the Munchie Mart. She stated that there is someone always going in and someone trying to get out. She stated that Ricky plans to consolidate some lots to make entry and exit easier and safer. She stated that he is trying to make it better for everyone and the area needs the business. Carl Clark, 437 Albert Street, South Bend, Indiana,stated that he moved here six years ago and at one point in time after dark he wouldn’t have even considered walking down to the Munchie Mart. But in the last two years, since the new owners have taken over there has been a great difference. There are no people loitering, it’s just more of an in and out type place, get what you need and leave. He stated that the Council should consider favorably allowing the expansion and upgrade of the business. The following individuals spoke in opposition to the bill: Richard Robinson, 121 N. Chicago, South Bend, Indiana, advised that he is in opposition to this bill. The new owners have only been there for two years. He stated that the young people still like to hang out there. He stated that the owners said they would have security from 9-11 p.m., but what about after those hours. He stated that they do sell cigarettes individually along with drug paraphernalia, which no one really can control. He stated that its things like this along with the gas pumps that are going to bring more people in the neighborhood, a neighborhood that is already struggling with crime. He urged the Council to vote against this bill. Billie Cannady, 206 N. Illinois, South Bend, Indiana, stated that she believes that Western Avenue will become once again a great corridor into South Bend. She stated that she opposes at this time the expansion of the Munchie Mart. She stated that she has suspicions of the business plan overall. She questioned why gas pumps? If you want to expand and create better commerce and to create a better convenience store then why gas pumps. She stated that it’s all a smoke screen, it purely for profit. She stated that there are plenty of gas stations on Western Avenue, they don’t need another one. Wendell Johnson, 305 S. Falcon, South Bend, Indiana, advised that when he looks at Area Plan, what is the criteria of Area Plan, when they have acknowledge that this is a good plan. He stated that no one has seen a real concrete business plan for this individual, knowing where his revenues come from to pay back on what he proposes on his $600,000 - $700,00 investment. He stated that is one thing that we as residents question that the legitimate operations of his business. He noted that the residents that have stood up against this, notice they intellect, notice their speech, notice their clarity. They are residents that are outstanding citizens in this city. He stated that we are not drug heads, we are property owners and want to see our community grow, but want to see it grow in the right way. He doesn’t wish the owner any ill when it comes to his future or his prosperity in this country. One thing that he has to understand, not everything goes just for a dollar. In our community when we have a struggle we want to get there. We have improved our community as you will see the residents who participate and they all stand up because they want something concrete and well put together. He stated that we all understand that our city is struggling for revenue, but we just don’t want you to give us anything that comes along with a dollar promise. He stated that is all that they are asking, just to look closely before giving a thumbs up or down. Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that we have seen other locations in our city that have put gas pumps up, gas stations for instance on Lincolnway West, Bendix, other places that have for whatever reason seem to be a breeding ground for crime and heavy police calls and things of that nature. Obviously the Council has to weigh in on that, and take that into consideration. He stated that he is also curious if the new owner, if there is an relativity, is he related to the previous owners at all. He stated that they have seen a lot of that where businesses might get passed down to a cousin or whatever. Also, he has been there for two years and people are talking about what he has done, clean this up, there is still obviously a lot of crime there and the phase has been used in many different instances that you can put lipstick on a pig, but it’s still a pig. And just because you cleaned some trash up you have made some people go away, that doesn’t mean that the element and things that have gone on there aren’t going to happen again. Maybe we need to sit back and say hey let’s just look at this for a little longer , let this new owner prove to the Council and the Community and the people in those neighborhoods that 6 REGULAR MEETING NOVEMBER 26, 2012 this is something that is going to be consistent not something that has just happened and hey look what I have done all of a sudden, you know, let’s see your track record. Lynn Conyers, 4900 W. Washington, South Bend, Indiana, stated that she is a life-long resident of South Bend, a product of the South Bend Community School Corporation. She stated that she is in favor of bringing businesses to the west side of South Bend. She stated that she has concerns about the traffic trying to turn into the Munchie Mart. She stated that if you are headed west on Western and making a right hand turn there should be no problem, however, if you are headed east into the city and trying to cross traffic to enter the store might back up traffic. She stated that there are munchies marts all over the city and stated that if you have never been in one you should go. She stated that she has nothing against them, they make their money, it’s a business. She questioned the written commitments are who is going to enforce them. She wondered who was going to make sure that the owner abides by those commitments for the next 25 years so that our neighborhood can be a better place to live. th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that he would not ordinarily speak publicly on this kind of question; however, one of the Councilmember’s asked that there be a perspective from the administration. He stated that over the summer he had the opportunity to walk in the neighborhood around the Munchie Mart, walking with a police officer. He stated that periodically he encourages police officers to walk their beat and walk with them. He stated that he happened to be one of the hottest days of the year 102° that day. He stated that they walked through the neighborhood up and down Falcon Street, Lake Street, Kenmore Street, and took the opportunity to talk to as many neighbors as they could. Asked them how the neighborhood was, what was on their mind, what was good; what was bad. He stated that he was struck by how many neighbors expressed concerns about what happened at or around that convenience store. He stated that he took the opportunity to visit the convenience store that afternoon and did not see anything objectionable. He reiterated that he was struck by how some of the neighbors were concerned. He stated that he understands from this afternoon’s committee meetings that there is a new owner, somebody who has only owned the place for two years, so may not have been responsible for the period of when a lot of negative impressions grew up around the place. He stated that this is a neighborhood that has been through a lot and has a lot of struggles. One of the best things that the neighborhood has going for it is that it has very committed, compassionate and serious neighbors. Many who make up the leadership of the LaSalle Park Neighborhood Association. He stated that if he was sitting in one of the Councilmember’s seats he would be taking the views of that association extremely seriously. He stated that he has learned the hard way that if you want to do something, you need to build support before you try to do it. He stated the primary thing that he wanted to express this evening, knowing that this is a tough issue, because it pits the desire of that neighborhood association against the desire to see the private sector investment in that part of the Westside which is something that we all want and to see more of. He stated that if the Council decides not to pass this, this evening, he hopes that the owner of the property will view this as an opportunity to proactively earn the trust of those neighbors. He stated that he thinks most of them shared this afternoon what it would take to persuade them that this property was definitely going in the right direction. He thinks that if the owner is not successful this evening with Council, he might view this as an opportunity to take enough of those steps that at a future meeting maybe some months from now, some of the people who were speaking against this would actually be speaking for it as well, after building that kind of confidence. In Rebuttal, Mr. Zappia advised that originally Community & Economic Development had submitted a letter indicating their support of the project, obviously that has changed and that surprises them. He stated that he had an opportunity to view the property on three occasions as recently as last Saturday, about 7:30 a.m. He drove very slowly on Falcon Street on the east to Illinois to the west and what he saw was right next to our facility a boarded up building to the east of them, a boarded up building directly across the street to the southwest. He stated that as he drove farther down to Illinois Street to the west, a boarded up building on the north side, boarded up building 7 REGULAR MEETING NOVEMBER 26, 2012 on the south side. He stated that he wished that he could give a multi-million dollar project, but sometimes you have to crawl before you can walk. He stated that here they have a gentleman that has invested five years of his life the last two as an owner of this property that is trying to do the right thing. The neighbors have really known him, spoke on his behalf, this was not orchestrated by him, they came on their own both to the committee meeting and the meeting this evening. Here are the adjectives: concern, humble, easy to work with, problem solver, good guy. He advised Mrs. McCauley told us the other evening for the Council that were not in attendance, she was very ill, she had surgery, possibly cancer, and this man brought her grocery’s to her at her home. He stated that those are some of things the type of guy that the city has an opportunity to work with. He stated that Mr. Danch talked about the enforceable commitments that run with the property and made the commitment to do. He also talked about the neighbors within the 300 foot radius, anybody can go out and get all the petitions that they want, but if you look at those neighbors within the 300 foot radius the greater majority of those neighbors support this project. Mr. Danch reiterated on the written commitments because one of the ladies here tonight had some concerns on exactly on how those commitments were going to be enforced. He stated that those written commitments would run with the property and that they are enforceable by the City of South Bend, by this Council, by the Building Department, by the Area Plan Commission. Mr. Danch stated that if they go to the Area Plan Commission for those written commitments, it is also enforceable by the neighborhood as well for everything that they said in the written commitments. He stated that so not only does this body have that authority to watch what happens on this piece of property but the neighborhood also has the ability to do that. He stated that they are adding two gas pumps to this location. He stated that he heard tonight people speak that if it was on the other side of the street, apparently that wouldn’t have been that much of a problem, however, the parcel is located on the north side of the street. He stated as he mentioned to those particular residents if we were to be located on the south side we would still be before this council asking for almost the same identical variances and special exception. The last thing was the business plan, and he would certainly hope that the Council doesn’t set a precedent for re-zonings, by asking every business owner to submit a business plan or how they are going to do their business in the City of South Bend. He stated that in all his experience it has never go to that extreme. He stated that the only time that the Council has every asked for those is when tax money is being used. He stated this project is solely being funded by the owner. Councilmember Scott advised that he is in favor of business, but has concerns with the data given to the Council and residents. He stated that we are just in the crawling stages of this development. Councilmember Henry Davis, Jr. stated that he has three concerns regarding this bill. He stated that his first concern being enforcement, the second the lack of economic development in the area and third concerns of the neighborhood. Councilmember Schey advised that she is in favor of this development. Councilmember Dr. Fred Ferlic stated that the city needs to quit being so “anti-business.” Councilmember Dr. Davis Varner wondered why this can’t be a win/win situation for everybody. After much discussion between Councilmember’s, it was suggested that this bill be withdrawn. Mr. Danch stated that the petitioner would withdraw this bill and send a letter to the Clerk’s Office. Councilmember Oliver Davis made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH 8 REGULAR MEETING NOVEMBER 26, 2012 BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND Councilmember Scott made a motion to consider the substitute version of this bill as on file with the Office of the City Clerk. Councilmember Dr. Fred Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. Fred Ferlic, Chairperson, Health and Public Safety, reported that his committee held a joint Public Hearing with the Personnel & Finance Committee this afternoon and voted to send it to the full Council with a favorable recommendation. Chief Stephen Cox, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that the South Bend Fire Department is required by Code each year to prepare st and file a report on or before September 1 of each year which summarizes all of the th ambulance/medical services runs as of August 15 of that year. The report identifies the number and type of each run, the amount billed; the amount collected; the amount in collections; the number of lawsuits filed; and recommendations with regard to fee amounts. Chief Cox advised that he filed the South Bend Fire Departments’ Annual Report on August 27, 2012 pursuant to the Municipal Code provisions. He stated that this bill would request fee adjustments that are in the best interests of the South Bend Fire Department and the City of South Bend. The requested fee adjustments will help maintain the best possible ambulance and medical service runs possible in the City. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Dieter 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 9:15 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10204-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND 9 REGULAR MEETING NOVEMBER 26, 2012 MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND This bill had third reading. Councilmember Varner 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 Shey 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 nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4218-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 N. KENMORE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EW MARINE, INC. DBA INDIANA ROTOMOLDING, 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 3300 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: 5/855 Ac Tract E of Kenmore NE 14 NE 14 Sec 28-38-2e and which has Key Number 025-1010-038518, be designated as an Economic Revitalization Area; 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, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. 10 REGULAR MEETING NOVEMBER 26, 2012 s/Derek Dieter Member of the Common Council Mr. Jack Welter, President & CEO Elkhart Plastics, 3300 N. Kenmore, South Bend, Indiana, made the presentation for this bill. Mr. Welter advised that E. W. Marine, Inc. DBA Indiana Rotomolding, Inc. is a custom plastic processor utilizing the rotational molding process to manufacture yellow crash barrels for highway safety, along with a wide variety of other small and large hollow products which are shipped up to 800 miles away. EW Marine, Inc. DBA Indiana Rotomolding intends to purchase equipment in the amount of $1,000,000 to complement current equipment in order to support client demands and higher volume. Total taxes to be abated during the five year period are estimated at $15,039. Total taxes being paid are estimated at $168,072. Per the petition, it is estimated that the total project will create at least twenty (20) new, permanent, full-time jobs in the first year of production representing a new annual payroll of at least $900,000. The project will maintain seventy (70) existing, permanent, full-time jobs with a total annual payroll of $2,500,000. A Public Hearing was held on the Resolution at this time. 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. 4219-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RENEWING AND EXTENDING THE TERM OF THE SOUTH BEND URBAN ENTERPRISE ZONE WHEREAS, the Common Council of the City of South Bend, Indiana, (the “Common Council”) has a continuing interest in the economic and community development of the City of South Bend, Indiana (the “city”) and its residents; and WHEREAS, The South Bend Urban Enterprise Zone (the “Enterprise Zone”), which is governed by Indiana Code 5-28-15 (the “Act”), was established on January 1, 2004, all pursuant to the Act, and has been active in enhancing and promoting economic and community development within the Enterprise Zone and the City; and WHEREAS, the current designation term of the Enterprise Zone is scheduled to expire on December 31, 2012; and WHEREAS, Indiana Code 5-28-15-10(b) of the Act authorizes the Common Council to extend the current term of the Enterprise Zone for an additional five (5) years without application to or authorization by the Indiana Economic Development Corporation; and WHEREAS, it is the desire and intent of the City to extend the current term of the Enterprise Zone to continue for an additional five (5) years until December 31, 2008; and WHEREAS, after being fully advised in the matter, NOW THEREFORE, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA, THAT: Section 1. The Common Council finds that the Enterprise Zone facilitates and promotes economic and community development in the City and for its residents and hereby reaffirms its support of the Enterprise Zone. 11 REGULAR MEETING NOVEMBER 26, 2012 Section 2. The Common Council hereby renews and extended the current expiration date of the Enterprise Zone from December 31, 2013 until December 31, 2018 pursuant to and in accordance with Indiana Code 5-28-15-10(b) of the Act. Section 3. This Resolution and the actions of the Common Council do not limit or restrict the statutory ability of the Enterprise Zone to be renewed by the Board of the Indiana Economic Development Corporation in accordance with Indiana Code 5-28-15-10(c) and -10(d) of the Act. Section 4. The City Clerk is hereby directed to file an executed copy of this Resolution with the Board of the Indiana Economic Development Corporation on or before December 1, 2013, pursuant to the Act, and to file this Resolution with the permanent minutes of this meeting. Section 5. This Resolution shall be in full force and effect immediately upon its adoption. s/Derek 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 Ms. Pam Meyer, Director, Urban Enterprise Association, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill is submitted pursuant to Indiana Code 5-28-14-10(b) which permits the term of an Indiana Enterprise Zone to be renewed and extended for an additional five (5) years from the date of its current expiration. The South Bend Enterprise Zone is approaching th its 10 year with an expiration date of December 31, 2013. This bill would renew and extend the Zone to a new expiration date of December 31, 2018. Ms. Meyer asked the Council for their favorable adoption. Councilmember Henry Davis, Jr., voiced his concerns regarding the Urban Enterprise Zone. He stated that he believes more should communication and transparency between the Council and the Urban Enterprise Association. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4220-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 – 2017 WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing emergency medical services to its residents; and WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and believes that such services can be provided by the City of South Bend; and 12 REGULAR MEETING NOVEMBER 26, 2012 WHEREAS, Indiana Code §§ 36-1-7-1 et seq., as amended from time-to-time (“Interlocal Cooperation Act”), authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such units severally; and WHEREAS, commencing in December 1997, the City of South Bend has provided emergency medical services for St. Joseph County under an Interlocal Agreement, and the parties wish to continue that relationship; and WHEREAS, the Executives of both the City of South Bend and St. Joseph County have reached an agreement on this payment and have approved the Five Year Interlocal Agreement By and Between the City Of South Bend, Indiana and St. Joseph County, Indiana for EMS Services During Calendar Years 2013 – 2017 which is attached hereto and incorporated herein Exhibit “A” as . NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER INDIANA CODE § 36-1-7, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section 1. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies, confirms and approves the Five Year Interlocal Agreement By and Between the City Of South Bend, Indiana and St. Joseph County, Indiana for EMS Services During Calendar Exhibit “A” Years 2013 – 2017 attached to this Resolution as . Section 2. 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 Oliver Davis made a motion to amend this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. Fred Ferlic, Chairperson, Health & Public Safety 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. Stephen Cox, Fire Chief, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that this bill approves a five (5) year interlocal agreement with St. Joseph County to provide ambulance service for those portions of St. Joseph County which do not otherwise have ambulance service available. The area to be served is referenced in the Agreement as Unincorporated County and is more specifically described as: all portions of St. Joseph County except for South Bend, Mishawaka, and property owned or operated by the University of Notre Dame which is served by South Bend under a separate contract with Notre Dame. He asked the Council for their favorable consideration. 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 as amended. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4221-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING INTERLOCAL AGREEMENT MUTUAL AID BOX 13 REGULAR MEETING NOVEMBER 26, 2012 ALARM SYSTEM WHEREAS, it is in the best interests and necessary to preserve and protect the health, safety and welfare of the public; and WHEREAS, it is further recognized and acknowledged that in certain situations such as emergencies, natural disasters and man-made catastrophes, that the use of personnel and equipment of the South Bend Fire Department may be needed in order to perform functions outside the territorial limits of the City of South Bend and is necessary to preserve and protect the health, safety and welfare of the public; and WHEREAS, it is further acknowledged that coordination of mutual aid through the Mutual Aid Box Alarm System is desirable for the effective and efficient provision of mutual aid; and WHEREAS, Indiana Code §§ 36-1-7-1 et seq., as amended from time-to-time (“Interlocal Cooperation Act”), authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such units severally; and WHEREAS, the Executives of the City of South Bend and other neighboring jurisdictions including jurisdictions in the nearby state of Illinois have reached an agreement and have approved the Interlocal Agreement - Mutual Aid Box Alarm System which is attached hereto and Exhibit “A” incorporated herein as . NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER INDIANA CODE § 36-1-7, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section 1. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies, confirms and approves the Interlocal Agreement - Mutual Aid Box Alarm System Exhibit “A” attached to this Resolution as . Section 2. 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 Dieter Member of the Common Council Councilmember Oliver Davis made a motion to amend this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. Fred Ferlic, Chairperson, Health & Public Safety 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. Stephen Cox, Fire Chief, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that this bill approves the Interlocal Agreement – Mutual Aid Box Alarm System which provides for joint cooperation with neighboring jurisdictions in certain emergency situations in order to share personnel and equipment necessary to preserve and protect the health, safety and welfare of the public. He asked the Council for their favorable consideration. 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 Schey made a motion to adopt this Resolution as amended. 14 REGULAR MEETING NOVEMBER 26, 2012 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. 63-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 104 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING “SIX COUNCILMANIC DISTRICTS” This bill has first reading. Councilmember Varner made a motion to refer this bill to the Council Rules Committee and set it for Public Hearing and Third Reading on December 10, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 64-12 FIRST READING 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 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health & Public Safety Committee and set it for Public Hearing and Third Reading on December 10, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY This bill had first reading. Councilmember Henry Davis, Jr. made a motion to refer this bill to the Health & Public Safety Committee and set it for Public Hearing and Third Reading on December 10, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 66-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING MARTIN LUTHER KING, JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE 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 December 10, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, 15 REGULAR MEETING NOVEMBER 26, 2012 FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on December 10, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 68-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $690,000 FROM GENERAL FUND (#101), $100,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $730,250 FROM EMS CAPITAL FUND (#288), $20,000 FROM INDIANA RIVER RESCUE FUND (#291), $66,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299), $1,799,113 FROM MAJOR MOVES FUND (#412) AND $1,500,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) This bill had first reading. Councilmember Schey made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on December 10, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 69-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $242,500 FROM SOLID WASTE FUND (#610) This bill had first reading. Councilmember Schey made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on December 10, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 12-86 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 STREET, SOUTH BEND, INDIANA REPORT FROM AREA PLAN COMMISSION BILL NO. 60-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 16 REGULAR MEETING NOVEMBER 26, 2012 BURNETT DRIVE, SOUTH BEND, INDIANA, 46614 COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer Bill Nos. 12-86 and 60-12 to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on December 10, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Council President Dieter announced that year end committee reports are due by December 10, 2012. Councilmember Henry Davis stated that he would like DTSB to provide information on parking garage & flat lot spaces available for downtown workers. He also stated that he would like to commend Notre Dame on their incredible season sometime after the bowl game in January 2013. Councilmember White announced that the Council Rules committee will be holding a public th hearing Wednesday, November 28, 2012, in the Council Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana from 5:30 – 7:30 p.m. to discuss Redistricting for the City of South Bend. Councilmember Oliver Davis announced that the Zoning & Annexation Committee along with the Health & Public Safety Committee will hold a joint meeting to discuss amending the South Bend Municipal Code to allow chickens. Council President Dieter welcomed home Brent Banasiewicz. He wished him well on his recovery. PRIVILEGE OF THE FLOOR Sam Brown, 222 E. Navarre, South Bend, Indiana, stated that he is representing Citizens United for a Better Government. He spoke regarding the search for a new police chief. He asked the Council to make sure that they take Brian Young off the list of potential candidates. Jesse Davis, P. O. Box 10209, South Bend, Indiana, stated that he wants Brian Young off the list of potential candidates for Police Chief. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:42 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 17