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HomeMy WebLinkAbout08-13-01 Council Meeting MinutesREGULAR MEETING AUGUST 13, 2001 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers ofthe County -City Building on Monday, August 13, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1 sc District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 4"' District David Varner 5"' District Andrew Ujdak 6th District Sean Coleman At -Large Absent: Al "Buddy" Kirsits At -Large Karen L. White At -Large Vice - President President Chairperson, Committee of the Whole REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 23, 2001 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the July 23, 2001, meeting of the Council be accepted and placed on file. Councilmember Ujdak seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS: ANNOUNCEMENT OF SPECIAL COUNCIL MEETING Councilmember Coleman made a motion to set a Special Meeting of the Council to be held on Sunday, August 19, 2001 at 5:00 p.m. Council Attorney Kathleen Cekanski- Farrand advised that this meeting is being held for the sole purpose of having a Public Hearing and final disposition of Bill No. 69 -01 which would fix the annual pay and monetary fringe benefits for members of the South Bend Police Department for calendar years 2002, 2003, 2004 and 2005. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. SETTING OF JOINT COMMITTEE MEETING - PERSONNEL AND FINANCE AND HEALTH AND PUBLIC SAFETY Councilmember Ujdak made a motion to set a joint committee meeting of the Health and Public Safety Committee and the Personnel and Finance Committee for 4:30 p.m. on Sunday, August 19, 2001 to take up the disposition of Bill No. 69 -01. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. Chairman Ujdak presiding. REGULAR MEETING AUGUST 13, 2001 BILL NO. 46-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4324 S. MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Ujdak advised that due to the lack of a quorum of the Zoning & Annexation Committee this afternoon, this bill is sent to the Council with no recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow a storage building. The property currently contains a storage building. Located to the north and east are commercial businesses zoned "C" Commercial, "A" Height and Area; to the south is vacant land and single - family homes zoned "A" Residential, "A" Height and Area; and to the west are single - family homes zoned "A" Residential, "A" Height and Area. Access to the site is from Main Street. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is fifteen thousand (15,000) square feet. Of that, the buildings will occupy five per cent (5 %) of the site; the parking and drives will occupy twelve per cent (12 %) of the site and eighty - three per cent (83 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards or wetlands are present. The St. Joseph County Ireland Road (Bendix) CERCLIS environmental hazard site is located to the north of the site. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, at its Public Hearing held on July 17, 2001 sent this petition to the Council with a favorable recommendation subject to a final site development plan. The site is adjacent to commercially zoned property to the east and in close proximity to other industrial and commercial zoned and used areas. It is the Commission's opinion that the proposed zoning and use is reasonable for this site. Mr. William J. Lee, 1569 Wildflower Way, South Bend, Indiana, made the presentation for this bill. Mr. Lee advised that this property, along with the lot to the east of this property, was purchased six (6) years ago. At one time there was a house on the property which burned down but now it just has a garage that is being used for storage. This rezoning is required so it complies for storage. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 47 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1317 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made motion to consider the substitute version of this bill Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Ujdak reported that due to the lack of a quorum at the Zoning & Annexation Committee meeting held this afternoon, this bill comes to the Council with no recommendation. 1 J REGULAR MEETING AUGUST 13.2001 Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "C" Commercial, "D" Height and Area to "A" Residential, "D" Height and Area to allow single- family residential. The property currently contains a residential structure. Located to the north are single - family homes zoned "A" Residential, `B" Height and Area; to the east are single - family homes zoned "C" Commercial, "D" Height and Area; to the south across Lincolnway West is a church and a commercial business zoned "C" Commercial, "D" Height and Area; and to the west is a commercial business zoned "C" Commercial, "D" Height and Area. Access to the site is from Lincolnway West. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is four thousand three hundred seventy (4,370) square feet. A check of the Agency's maps indicates that there are no public wells, flood hazards, wetlands or environmental hazard areas are present. A site plan is not required for rezonings to "A" Residential. The Area Plan Commission, at its Public Hearing held on July 17, 2001, sent this petition to the Council with a favorable recommendation. The proposed rezoning represents a down zoning and will be more compatible with residential housing to the north and east than the commercial uses that could be developed under the existing "C" commercial zoning. The proposed zoning and use is also consistent with the land use and zoning plans that are being formulated by the Land Use and Appearance Subcommittee of the Lincolnway West Steering Committee. Ms. Rosemarie Apple, 52945 Emmons Road, South Bend, Indiana, made the presentation for this bill. Ms. Apple stated that in the past this property has been used as multi - family housing. However, the only way that the zoning and the parking issues could be resolved was to get it rezoned to single family residential. It contains a house which takes up most of the lot with a small garage in the back. Any other use of the property would require tearing it down and starting over again. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 49 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 & 1621 CIRCLE AND 1538 LISTON IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak advised that the Petitioner has asked that this bill be continued until the August 27, 2001 meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill until August 27, 2001. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 50 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 LISTON IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak advised that the Petitioner has requested that this bill be continued until the August 27, 2001 meeting of the Council. Therefore, Councilmember Coleman made a motion that this bill be continued as requested. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING AUGUST 13, 2001 BILL NO. 61 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 1534 WEST SAMPLE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak reported that the Petitioner has asked that this bill be continued until the August 27, 2001 meeting of the Council. Councilmember Coleman made a motion to continue this bill as requested. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 65 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 13 -75.5 OF THE SOUTH BEND MUNICIPAL CODE TO DEFINE OWNERSHIP OF DISORDERLY HOUSES, TO PROVIDE FOR THE SECURITY AND SAFETY OF VACANT BUILDINGS, AND TO ENHANCE THE CITY'S ABILITY TO ENFORCE PROVISIONS OF THIS ORDINANCE Councilmember Ujdak reported that the Health and Public Safety Committee and the Residential Neighborhood Committee had a joint meeting on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Ann Carol Nash, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash advised that this bill amends the Municipal Code to add to the types of properties that can be addressed. Specifically, added are those types of properties that are chronically littered with debris and those that are vacant but not kept adequately secured so that they are sometimes broken into and become the source of problems for a whole neighborhood. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 66 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 3 ENTITLED ANTI - TICKET SCALPING REGULATIONS Councilmember Kelly made a motion to accept the substitute version of this bill as just submitted to the City Clerk by Councilmember King. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Ujdak reported that the Health and Public Safety Committee and the Residential Neighborhood Committee had a joint meeting on this bill this afternoon and sends it to the Council with a favorable recommendation as amended in committee. 1 D REGULAR MEETING AUGUST 13, 2001 Councilmember Karl King, 4th District, County -City Building, South Bend, Indiana, made the presentation for this bill. Councilmember King advised that he and Council President Pfeifer are co- sponsors of this bill. They have proposed this ordinance because they are concerned that there are growing public safety and quality of life issues in several of South Bend's neighborhoods as a direct result of the activities of people attempting to sell tickets to entertainment events. He noted that traffic congestion often results from such people attempting to sell their tickets to individuals in cars by having them stop in the road and then the prospective buyer and prospective seller stop traffic and do their transaction in the middle of the public thoroughfare. In addition, public safety concerns for pedestrians are increased due to the congestion that results from these traffic activities as well as the quality of life for residents in the neighborhoods adjacent to their activity is directly affected by people stopping cars and pedestrians while attempting to sell tickets. Their quality of life and ability to enjoy their private property is adversely affected. Other states and cities throughout the nation with similar community interest in public safety concerns have passed reasonable regulations to govern ticket selling activities. Currently twenty -seven (27) states and the District of Columbia have some form of ticket selling regulation within their laws. In those population centers, three fourths (3/4's) of the population of the United States resides and are governed by this sort of regulation. Councilmember King noted that they believe that the regulations in this bill, as amended this afternoon, are in the best interests of the public health and safety of South Bend citizens and he urged the Council's favorable consideration. Council Attorney Cekanski - Farrand asked Councilmember King to highlight the language that was eliminated from the original version of this bill. Councilmember King noted that the bill has been re- titled to eliminate the use of the language ticket scalping and has been replaced with ticket selling. The new Article in the South Bend Municipal Code will be titled Ticket Sales Regulations as opposed to Anti- Ticket Scalping Regulations. All references to ticket scalping have been replaced with the term ticket selling or ticket sales. In addition, a key provision has been removed and that is the provision that was originally titled Section 16 -38 which referred to a prohibition on the selling of a ticket for greater than its face value. What remains in the bill are all of the prohibitions as they were originally stated having to do with the sales of tickets or activities related to the sales of tickets in a manner that obstructs traffic, creates a public safety hazard, creates a nuisance or interferes with private citizens's quiet enjoyment of their private property. Although a lot of words were removed from this bill, only one (1) active item was removed and that is the prohibition on selling a ticket for greater than its face value. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. David Roos, 201 Peashway, South Bend, Indiana, informed the Council that he has been a resident of the northeast neighborhood from seventeen (17) years and he applauds the efforts of Councilmembers Pfeifer and King for introducing this ordinance. He noted that sometime the sales of tickets in the northeast neighborhoods is a nuisance and it creates a safety hazards both for individual pedestrians as well as people driving who often times have to swerve around to miss people who are standing in the public right -of -way trying to either purchase or to sell tickets for events taking place at the university. As a resident of the neighborhood he urged the Council to express their support for this bill. Mr. Roos noted that since he lives two (2) blocks off of Angela it is his hope that tickets sales will not simply be pushed deeper into the residential neighborhood. Mr. Jim O'Donnell, Granger, Indiana, Attorney for a resident of the 100 block of East Angela Boulevard, informed the Council that people arrive on Tuesday with signs indicating they want to buy tickets and by Thursday the same people are out with signs indicating that they are selling tickets. It has concerned his family that they are standing in front of the house and on one occasion a gentleman had a chair and table and conducted his business directly in front of the property at 122 East Angela. Mr. O'Donnell stated that he applauds the Council for presenting this ordinance and hopes that it is passed. REGULAR MEETING AUGUST 13, 2001 Mr. Lawrence Cunningham, Granger, Indiana, advised that he represents the University of Notre Dame and the Athletic Department. He stated that Councilmembers involved in this initiative asked the University for their support which they are pleased to offer. He noted that they have received many complaints from alumnae and people in the neighborhood that ticket selling has become an ever increasing problem. He noted that their support of the ordinance is largely based on the public safety issues and the vehicular and pedestrian traffic on home football weekends. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Ms. Elizabeth Pennino, 1220 North Lafayette Boulevard, South Bend, Indiana, advised that there is always going to be traffic along Angela Boulevard. She noted that in the transactions she has observed, people are not standing in the center of the street. If these individuals were obstructing traffic there are police officers there to correct that behavior. She noted that people come to our community without tickets and they know they can buy tickets on the street and they are willing to pay and will do whatever it takes. She stated that the community is behind the people selling the tickets. Mr. Derek Dieter, 1135 Portage, South Bend, Indiana, stated that he has been a police officer for twenty (20) years and he is in opposition to this ordinance. He noted that he has never seen an accident in the area of Angela Boulevard and Michigan because of someone scalping tickets or someone standing in the street waving cars over. When officers see someone doing this they are asked to move and they have had no problem with that request. He noted that there are laws on the books that can be used if a problem arises. Mr. Ken Donnelly, Resident of Portage Township, noted that he opposes portions of the ordinance. He stated that scalpers do create a traffic hazard. He also stated that he believes that there are sufficient municipal and state ordinances against holding up traffic or trespassing that are already on the books that would address this issue. Two (2) specific sections that he objects to indicate that a place of public entertainment that exists on private property is a place of public entertainment. He also inquired if there could be potential jurisdictional problems because the University of Notre Dame is not in the City limits. He noted that if such persons would violate the ordinance as amended they are still subject to civil forfeiture. If a person is guilty of trespassing or blocking the right of way or is charged with such, the tickets are confiscated and a hearing is conducted and if a judge rules against the City then the tickets are returned after the event is over. He stated that the City is opening themselves up for potential litigation under civil forfeiture which violates the Fifth Amendment of the Constitution. Mr. Tom Dixon, no address given, stated that his concerns about this ordinance are constitutional in nature, namely the broadness and the vagueness of this statute and its enforceability as well as some significant constitutional challenges that the City could face. He asked how much the City can endure in legal fees in challenges to this ordinance if it passed. Mr. Donald Miller, 701 West Sample Street, South Bend, Indiana, informed the Council that he is a day shift supervisor at the South Bend Police Department. Mr. Miller stated that the police officers have the burden of a lot of ordinances already passed that they cannot spend time enforcing. He noted that the police use a state traffic ticket violation for prostitutes that step out into the street and they could use that same law for ticket scalpers who step out into the street. He further stated that his problem is finding officers to answer these extra scalper calls when they are needed elsewhere on more important things. He noted that he cannot tie up police officers for these types of things. There was no one else present wishing to speak against this bill. Councilmember King asked Council Attorney Cekanski - Farrand to clarify some of the legal issues raised regarding the constitutionality of this ordinance as this was a matter that the Council received REGULAR MEETING AUGUST 13, 2001 professional advice from its attorney. He noted that the bill being considered at this time is the bill submitted this evening and not the one discussed at the Committee meeting this afternoon so those individuals who referred to a prohibition on selling for above face value are referring to something that is not in the proposed legislation. Attorney Cekanski- Farrand advised that for the record she would like to add the letters and correspondence received by Councilmember King as part of the record. With regard to Mr. Donnelly's concern with regard to civil forfeiture, it is acceptable and constitutional to retain tickets at such time when an officer believes there is a violation for purposes of evidence only. With regard to some of the other constitutional concerns, this afternoon at the j oint committee meeting there were not less than seven (7) or eight (8) attorneys and the fact that the majority of those individuals that voiced concern earlier this afternoon are not here this evening, speaks to the fact that the amended bill does address some of those concerns that were raised which were primarily raised with regard to the anti - scalping provisions. With regard to the police powers and Home Rule powers that this Council is charged with these are the appropriate regulatory powers which a second class City has. The record speaks well with regard to the committee record as well as the informational meetings that were held prior to this with regard to the quality of life issues that have been raised. Council President Pfeifer stated that the main job of the Council is their responsibility as legislators to have ordinances on the books as tools for various departments to carry out their work. This ordinance affects people who live in neighborhoods who have people performing inappropriate behavior which is compromising their quality of life. The people in the neighborhoods have put up with this behavior for a long time and it is long enough. She noted that this Council is not doing this for Notre Dame and not just for sporting events but for entertainment entities throughout the City. Councilmember Varner stated that a number of questions have been raised with regard to what "in the vicinity" means. Section 13 -35 (b) of the bill refers to increased noise in the neighborhood. He stated that he does not think that the increased noise that occurs in neighborhoods is caused by scalpers but by the traffic that is already there. He further stated that damage to private property is a concern and all should be done to prevent that type of thing in all neighborhoods. Councilmember Varner recommended that this bill, as amended, be continued for two (2) weeks. He noted that he was under the impression that the seizure of tickets was going to be removed from the amended version. He inquired whether or not one (1) ticket would be adequate to be confiscated as evidence if a person receives a citation rather than all the tickets the person is trying to sell and stated. He stated that that is what needs to be addressed. Councilmember Varner stated that he wants this ordinance to provide some protection for people in the neighborhood who do find themselves subject to some extreme traffic and what goes on during those times but does not want to restrict the rights of others who do have the right to buy and sell tickets. The term "in the vicinity" needs to be redefined if in fact there will be a place where it is permissible as sometimes it is as important to say where you can do something than where you cannot. Therefore, Councilmember Varner made a motion to continue this bill for at least two (2) weeks so it can be reviewed, and for the public to review, to determine if it says what they really think it does. He supports the notion to make the event as less intrusive to the neighborhood as can be. Councilmember Ujdak noted that there is a motion on the floor to continue this bill until August 27, 2001. Councilmember Aranowski stated that he agrees with Councilmember Varner and seconded the motion. Councilmember Coleman asked Council Attorney Cekanski- Farrand if the matter of the University of Notre Dame not being within the City limits was addressed since he was unable to attend the committee meeting this afternoon. Attorney Cekanski - Farrand stated that the definitions have to be read in their totality because of place of public entertainment. They are taking fifty (50) feet from the edge of that property line and that is onto City property. She noted that many examples were given such as the Palais Royale and Coveleski Stadium. However, the specific question raised by Mr. Donnelly was not raised at committee level. However, she does not see it as a serious legal flaw with regard to the language that is in the ordinance as proposed. REGULAR MEETING AUGUST 13, 2001 Councilmember Coleman stated that he supports the motion to continue the bill so that there can be a clarification on those items. Councilmember Ujdak reiterated that in the amended ordinance submitted there is no reference to scalping but it does regulate the behavior of selling those tickets because of neighborhood concerns. There is no prohibition of selling tickets but regulates were it can occur. The scope is essentially to provide a buffer and measure of protection for the neighborhoods that seem to be impacted. Council President Pfeifer stated that she sees the confiscation of tickets as further detriments to that behavior similar to drug dealing where a person is arrested and the drugs confiscated. Council Attorney Cekanski - Farrand stated that as a point of clarification, in order for a motion to pass this evening, there must be five (5) members in the majority on any motion for it to go forward since only seven (7) Councilmembers are present. Councilmember Uj dak reiterated that there is a motion and a second on the floor to continue this bill until the August 27, 2001 meeting of the Council. Because a voice vote was unable to be determined, Councilmember Uj dak called for a roll call vote. Members voting in favor of continuing this bill were Councilmembers Aranowski, Varner, Ujdak and Coleman. Members voting against the motion to continue the bill were Councilmembers King, Kelly and Pfeifer. The motion failed. Councilmember Coleman asked Councilmembers to reconsider the matter ofthe continuance in light of questions that were raised. Councilmember King asked for an example of what one of those questions might be. Councilmember Coleman stated that the confiscation of tickets specifically and whether or not the confiscation of a single ticket or all of the tickets does put the City into a questionable area if the City is charged with more specifically a civil fine for such activity as an alternative. He supports the continuance with the thought that they can get answers that would be satisfactory and be able to move forward with the bill. Councilmember Varner stated that in support of Councilmember Coleman he did state previously that he was prepared to support what he thought affected and helped curtail some of the circumstances in neighborhoods just not in this form. So the idea of finding something which may be more appropriate or more accurate or thought out a little longer is the reason for asking for the continuance. Councilmember Aranowski noted that that is the reason why he seconded the motion. Council President Pfeifer inquired of Council Attorney Cekanski - Farrand if other cities with similar ordinances have the confiscation of additional tickets as part of their ordinances. Council Attorney Cekanski - Farrand stated that not all but some do. She noted that it is not a mandatory obligation of the officer but is discretionary. She noted the wording in Section 13 -38(a) says "may be seized." As noted in the committee meeting earlier there will be specific training with regard to this by the Police Department if indeed the Council will go forward. She pointed out that the recommendation with regard to seizing evidence was made by the Police Department administration. It was then researched and found to be legally acceptable. As far as the day to day activities with regard to how this is carried out it has to be stressed quite strenuously that it is not a mandatory obligation to seize. Ticket writing is acceptable under this ordinance as currently written. Council President Pfeifer noted that she wanted it pointed out that this type of ordinance is being enforced in other cities and has been for several years. When the research for this bill was being done, members of the Police Department administration were present at those meetings as well as Councilmembers, attorneys and individuals from Notre Dame. Citizens have advised that they have people conducting inappropriate unacceptable intimidating behavior on their property and the Council has an obligation to do something about it. Councilmember Kelly noted that there have been some serious questions raised regarding the ticket REGULAR MEETING AUGUST 13, 2001 seizing portion of this ordinance. He asked if it was possible to amend this language at this time to remove that issue from the ordinance. Council Attorney Cekanski - Farrand noted that there is no motion on the table so any motion is acceptable. Therefore, Councilmember Kelly made a motion to strike that portion of the ordinance which references seizure of tickets. Councilmember King seconded the motion. Council Attorney Cekanski - Farrand noted that to be more specific Section 13 -38 Paragraph (a) would read as follows: Any person who violates any provision of this Article shall be issued a citation. Councilmember Ujdak reiterated that in Section 13 -38 entitled Penalties, Section (a) would read, "Any person who violates any provision of this Article shall be issued a citation." The words being stricken would are "and all tickets offered for sale in violation of this Article may be seized as evidence by a sworn police officer." The motion to amend the bill as outlined above passed by a roll call vote of seven (7) ayes. Additionally, Councilmember Kelly made a motion that this bill be sent to the full Council with a favorable recommendation as substituted and amended. Councilmember King seconded the motion which carried by a voice vote. BILL NO. 62 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $8,640.00 IN DONATED FUNDS FROM HUMAN RIGHTS FEDERAL FUND ( #258) TO PAY EXCESS EXPENSES OF HUMAN RIGHTS AWARENESS AND AWARDS BANQUET Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Lonnie Douglas, South Bend Human Rights Commission, 1440 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Douglas stated that the Human Rights Commission has raised funds in the sum of eight thousand six hundred forty dollars ($8,640.00) from corporate sponsors to pay the cost of a banquet which they have already held. The funds are presently in an account in the City of South Bend. He noted that one hundred thirty -six (136) people attended the banquet and not sixty -two (62) as he previously stated. It was well planned and organized and a lot of time was spent reaching out to all aspects of the community including grassroots as well as business owners and others in the community. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak in favor of this bill. The following individual spoke in opposition: Miss Joyce Boaler,1606 Hillsdale Road, South Bend, Indiana, stated that she obj ects to more money being given out for this project. Events should not be planned that rely on charitable contributions because if they run short local or federal funds must be utilized. She stated that it is unnecessary to do this kind of thing and use monies that come out of taxpayers pockets. REGULAR MEETING AUGUST 13, 2001 Councilmember Kelly pointed out to Ms. Boaler that this money was raised by the individuals for this dinner. At this time the Council is simply appropriating that money which went into the City coffers. He noted that this money was raised privately and is not government money. Councilmember King reiterated Councilmember Kelly's comments that individuals planning this dinner collected the money which went into the City fund. They could collect the money without Council permission but cannot spend it without Council permission. These are charitable contributions that have already been collected and put in the bank. Mr. Douglas and his department cannot spend the money without the Council approving an appropriation which is authorization to write checks. There was no one else wishing to speak in opposition to this bill. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 63 -01 PUBLIC HEARING ON A BILL OF THE SOUTH BEND COMMON COUNCIL TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 426, TIF DISTRICT - CENTRAL MEDICAL SERVICES Councilmember Ujdak advised that the Petitioner has asked that this bill be continued until the August 27, 2001 meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill as requested. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 64 -01 PUBLIC HEARING ON A BILL TRANSFERRING $450,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Ujdak reported that the Petitioner has requested that this bill be continued until the August 27, 2001 meeting of the Council. Therefore, Councilmember King made a motion to continue this bill until August 27, 2001. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 69 -01 PUBLIC HEARING ON A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2002, 2003, 2004 AND 2005 Councilmember Ujdak reported that this bill will be continued until the August 19, 2001 meeting of the Council and will be heard by the Health and Public Safety Committee and the Personnel and Finance Committee on that date. Therefore, Councilmember Coleman made a motion to continue this bill until August 19, 2001 and to send it to the Health and Public Safety and Personnel and Finance Committee. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember King made a motion to rise and report to the full Council. Councilmember REGULAR MEETING AUGUST 13, 2001 Coleman seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: ATTEST: L ud , City erk An _ jdak, C Committee of the le 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 8:15 p.m. Council President Charlotte Pfeifer presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9238 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4324 S. MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Uj dak made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9239 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1317 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9240 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 13 -75.5 OF THE SOUTH BEND MUNICIPAL CODE TO DEFINE OWNERSHIP OF DISORDERLY HOUSES, TO PROVIDE FOR THE SECURITY AND SAFETY OF VACANT BUILDINGS, AND TO ENHANCE THE CITY'S ABILITY TO ENFORCE PROVISIONS OF THIS ORDINANCE This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. REGULAR MEETING AUGUST 13, 2001 ORDINANCE NO. 9241 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 3 ENTITLED TICKET SALES REGULATIONS This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as amended. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Coleman made a motion to pass this bill as substituted and amended. Councilmember Kelly seconded the motion which carried by a roll call vote of six (6) ayes and one (1) nay by Councilmember Varner. ORDINANCE NO. 9242 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $8,640.00 IN DONATED FUNDS FROM HUMAN RIGHTS FEDERAL FUND ( #258) TO PAY EXCESS EXPENSES OF HUMAN RIGHTS AWARENESS AND AWARDS BANQUET This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS: RESOLUTION NO. 3026 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 330 EAST JEFFERSON BOULEVARD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CROWE, CHIZEK AND COMPANY LLP 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 330 East Jefferson Boulevard, South Bend, Indiana, and which is more particularly described as follows: TR OF LAND LYING NELY FROM THE ELY PT OF INTER WESTERN & COLUMBIA ST SO OF JEFFERSON CONT APPX 5.801 ACR SEC 12 -37 -2E BEG APPX 316 58'N OF NE COR MONROE & COLUMBIA KNOWN AS PARCEL 6 -1B -B CONT APPX .811 ACR SEC 12 -37 -2E TR BEG INTER E RIGHT OF WAY OF COLUMBIA & N RIGHT OF WAY MONROE AT A POINT 270'N 75'E 43.10' SE & 113.02 NELY TO POB CONT 21750 SQ' SEC 12 -37 -2E AND BEING PARCEL II and which has Key Numbers 18- 3090 -3479, 18- 3090 -3481 and 18- 3090 - 3484 -01, respectively, 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 REGULAR MEETING AUGUST 13, 2001 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 pursuant to Section 2 -84 of the South Bend Municipal Code finds the ten 10 years is the appropriate and rational time period for this tax abatement in light of the following: The petitioner is a long time South Bend based business and is the headquarters for its worldwide operations. 2. The petitioner currently employs over 430 people in the South Bend office and has an annual payroll of over $28 million. The petitioner also projects to add 150 new people to its payroll over the next six years. 3. The petitioner wants to expand its capabilities in the training and seminar areas, which will result in thousands of new visitors to our community annually. 4. The petitioner cites the enormous costs associated with this project, with construction costs of nearly $7.8 million and total project costs of over $10.8 million. SECTION II. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten 10 years, and further determined that the petition complies with Chapter 2, Article 65, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1.42 et sea. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember King advised that in accord with the advice of the Council Attorney he will be abstaining from voting on Bill No. 01 -67. He stated that he has spent thirty -three (33) years working at Crowe Chizek and Company who is the Petitioner in this Resolution. He noted that he has retired from the firm but is currently receiving retirement payments and currently is able to participate in a medical insurance program although he pays for the entire premium. In light of these circumstances and for the avoidance of any hint of impropriety he will be abstaining from voting on this bill. However, he wanted to make it clear that he does not have any ownership interest in Crowe Chizek and Company and is not in any way employed by them. Mr. Dean Uminski, 330 East Jefferson Boulevard, South Bend, Indiana, made the presentation for this Resolution. Mr. Uminski stated that Crowe Chizek and Company would like to construct a new fifty thousand (50,000) square foot building adjacent to its current main building at 330 East Jefferson Boulevard. In order to accommodate the need for more parking room and future expansion to their downtown REGULAR MEETING AUGUST 13, 2001 campus they purchased approximately 3.95 acres of additional land comprising four (4) parcels. This additional office space and land will accommodate the company's long term growth plans which include adding one hundred fifty (150) new jobs with apayroll of approximately $8.4 million dollars over the next six (6) years. Total capital investment for this project will be approximately $10.8 million dollars. The ability to expand not only creates an additional one hundred fifty (150) new jobs in the downtown South Bend area but results in the retention of over four hundred (400) high paying quality jobs with an annual payroll of $28.2 million dollars. Many of Crowe Chizek's services are sold outside of the local area which brings in non -local dollars to the community. Mr. Uminski stated that they also worked for about one and one -half (1 %2) years with City officials and with the Indiana Department of Commerce and they also supported the expansion project with an infrastructure grant and a training grant. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak in favor of this Resolution. Mr. Tom Dixon, no address given, stated that previously a representative from Crowe Chizek admitted that with or without an abatement Crowe Chizek would go forward with this project. He noted that Crowe Chizek is a very successful business not in need of a corporate handout or any support from the City. In light of all of the other issues that this Council has been presented with in regard to fiscal responsibility and the fact that the City has publicly stated that it will be required to raise taxes in order to provide a substantial pay raise to the Police Department the question that must be answered is what are the Council's priorities. By voting down this tax abatement the City has found its new monies for the pay increase for the Police Department. There was no one else present wishing to speak in opposition to this Resolution. Mr. Uminski refused his right to rebuttal. Councilmember Varner advised Mr. Dixon that he would make the same offer to him as he did to Officer Culp at the last meeting which is to explain to him, in writing, the tax abatement procedure. He noted that if this would provide new money to the City that would be good argument but the fact is that it doesn't because of the way property taxes are collected. Mr. Dixon stated that he would be willing to take him up on that offer and he would suggest that since this is a public situation that Councilmember Varner take this opportunity to educate the public on this matter. He asked where that money goes. Councilmember Varner stated that he would be happy to explain this matter with him after the meeting and would try to answer those questions which can then be made public after the fact. Mr. Dixon stated that he would be happy to do that. Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes, with Councilmember King abstaining. BILLS - FIRST READING BILL NO. 70-01 FIRST READING ON A BILL APPROPRIATING $131,200 FROM FUND 212 FOR THE PURPOSE OF FUNDING ACTIVITIES UNDER THE US EPA BROWNFIELD PILOT ASSESSMENT GRANT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on August 27, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING AUGUST 13, 2001 BILL NO. 71 -01 FIRST READING ON A BILL APPROPRIATING $432,143 WITHIN FUND 212 FOR THE PURPOSE OF ADMINISTERING THE AMERICORPS PROGRAM This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on August 27, 2001. Councilmember Uj dak seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 72-01 FIRST READING ON A BILL APPROPRIATING $10,000 WITHIN FUND 212 FOR THE PURPOSE OF PAYING FOR COSTS OF COLLECTION This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on August 27, 2001. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 73-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 SOUTH LOGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR President Pfeifer noted that the Council will consider suspending the rules at this time to allow individuals to speak on items that are on this evening's agenda with the stipulation that the Council will not take questions as this is the opportunity for the public to speak as opposed to asking questions. President Pfeifer stated that if anyone has questions that they would like answered they should be submitted to the City Clerk. Therefore, Councilmember King made a motion to suspend the rules at this time for the purposes as outlined by President Pfeifer. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Miss Joyce Boaler, 1606 Hillsdale Road, South Bend, Indiana, spoke in support of a pay increase for the Police Department. She noted that all that is necessary in order to do that is a one per cent (1 %) to five per cent (5 %) decrease in every department's expenditure.. Ms. Boaler also voiced her displeasure in the ordinance that was passed this evening regarding ticket scalping. Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, informed the Council that she supports the Police Department and they should get a living wage. She stated that tax paying citizens should not be arrested for doing the same thing which the police recently did which was to demonstrate as it is their first amendment right to protest. Ms. Kopala recounted her experiences of being arrested for her protests noting that she was arrested in the same area that the police officers protesting this past weekend were able to do without incident. REGULAR MEETING AUGUST 13, 2001 Ms. Lisa Cattello, 114 North Marquette Boulevard, South Bend, Indiana, stated that the news recently released information about a $1 million dollar surplus that the City of South Bend has unexpectedly acquired. She stated that because the City and the FOP have not been able to reach an agreement she inquired why this money could not be directed to the police officers. She also inquired what the City is doing with that money. Ms. Cattello further indicated her knowledge about a proposed building in the 200 block of South Main Street with the first two (2) floors being reserved for Bakers and Daniels. She inquired whether or not the City was required to take offers and bids for use of this land from other planners and wondered if anyone knew about this project. She noted that Baker and Daniels have lucrative contracts with the City. She asked if any information concerning this project would be released. Mr. Chuck Lennon, 1318 East Wayne North, South Bend, Indiana, stated that he supports the Police Department and their request for better wages as well as the Council members for allowing the police officers to take the police cars home and be seen around the City. Mr. Lennon noted that police officers perform dangerous work and they work hard. They are well trained and professional and they need to be paid equal to and in a fair way to the other communities of our size. He stated that he hopes that both sides can be open to what will be presented at the next meeting and will come to a fair resolution of this important aspect of local government. They need to be compensated fairly and they need to know that they are appreciated. Mr. Rick Bishop, 701 West Sample Street, South Bend, Indiana, informed the Council that he is a Lieutenant with the South Bend Police Department and a member of the FOP #36 Wage Negotiating Team. Mr. Bishop read a letter that he sent out to the membership which was after their agreement to meet with the City on Wednesday. Mr. Bishop submitted two (2) questions, in writing, to the City Clerk which he read. Those questions are: (1) Why is the Council passing a four (4) year ordinance when there is only urgency for the year 2002 and (2) Why are the salaries of the Police Chief, Division Chiefs and Captains not included pursuant to I.C. 36- 8 -1 -12. Additionally, Mr. Bishop informed the Council that he has worked the corner of Twyckenham and South Bend Avenue directing traffic during home Notre Dame football games. He noted that after Twyckenham was improved, people were letting Notre Dame fans park on the treelawns driving over brand new curbs and parking on brand new sod. This was a destruction of City property and a traffic hazard because they were blocking parts of the sidewalks making thousands of fans walk in the street instead of on the sidewalks. He and another officer ticketed all these vehicles and the Mayor dismissed the tickets and provided a letter stating that it was OK that they parked these cars on City property for their own gain at the taxpayers loss. He noted that with the new ordinance the City passed this evening they are trying to keep individuals from stopping traffic and selling tickets where there have been no accidents whereas there have been accidents along Twyckenham and South Bend Avenue from cars that are trying to park on City property and causing problems. He noted that in order to be fair with City ordinances, these people should not be allowed to charge people to park on the City property. Ms. Cathi Ruszkowski, 2431 Inglewood Court, South Bend, Indiana, stated that she was present on behalf of her husband Sergeant Scott Ruszkowski. Ms. Ruszkowski read a letter which her husband prepared regarding the wage negotiations. He noted that the FOP is asking that they receive a pay increase which will bring them in the top thirty (30) in the state within four (4) years and they have offered facts, numbers, statistics and reasons. They are asking for a fair salary in job comparison relating to other area police departments. The letter which she read cited instances where the City is spending money on other matters. Mr. Thomas Bush, Local Chapter NAACP, no address given, stated that he wanted to bring some issues to the Council that concern the black community. He noted that recent South Bend Tribune articles have indicated some of the treatment that black citizens have been receiving from the South Bend Police Department. He noted that the NAACP has dealt with the South Bend Police Department for some time and basically they are a good department with some "cowboys" that need to be brought into check. He noted that the NAACP would like to meet with the Council to go into more depth with this issue and he will be planning on arranging that meeting. REGULAR MEETING AUGUST 13, 2001 Mr. Scott Wilcox, 701 West Sample Street, South Bend, Indiana, stated that in regards to the ticket scalping issues, it was mentioned that seventy -five per cent (75 %) of the population of the United States live in an area where ticket scalping /ticket sales are regulated. However, it is ironic that seventy five per cent (75 %) of the police departments that are making more in first class patrolman pay more than the City of South Bend. Mr. Derek Deiter, 1135 Portage Avenue, South Bend, Indiana, stated that Mr. Neighbours was brought in from Indianapolis to be the lead negotiator and sole spokesman for the Council to do his job and then go home. He also stated that comments made by members of the Department that irritated or made the Council uncomfortable were not done on a personal basis and he apologized if any Councilmembers were insulted. Additionally, he noted that the City web site indicates the City's wage proposal which the FOP asked not be made public as it bypassed the wage negotiation team. He noted that it is an anti -union strategy to delay negotiations until there is a deadline. The police have asked the City to fax their latest proposal to them so the wage team can determine whether it should be taken back to the body so they can vote on it but with a four (4) day deadline that is impossible. He noted that the City's fact sheet states that unfortunately the FOP's absolute insistence upon a 8.5% increase means that the FOP membership will not have the opportunity to vote on a wage package that substantially increases all salaries including the pension base. Mr. Tom Dixon, no addressed given, stated that he has now had the opportunity to review the ticket sales ordinance that was voted on. He noted that the ordinance is specific to ticket sales. He further noted that he has observed children selling fund raising items, in the street on Angela as traffic slows to enter into Notre Dame stadium. He asked if the City's concern is for public safety why it would not particularly focus its attention on those children and why it would permit their selling fund - raising items and would instead specifically concentrate its efforts on ticket scalpers alone. He also questioned the definition of vicinity and noted that as written only one or two houses would be affected. He noted that there is also a state criminal trespass statute that can be applied for anyone who trespasses on another property which can address the issue of another's property being destroyed in the act of selling tickets. Mr. Dixon also noted that there is a noise ordinance in place that can be enforced. He stated that this ordinance does not seem to do anything other than access a fine. The tickets are not taken away and the individual is not put in jail and it is within the reasonable discretion of the police officer to address the issue. He reiterated that there are statutes and ordinances in place that could address some of the concerns raised by citizens. Mr. Marion Kasznia, 114 Marquette Avenue, South Bend, Indiana, stated that the City has three (3) Mayoral Assistants and a PR Chief on the Police Department. He noted that this Council is the fourth highest paid in the state, the Mayor is the fifth highest paid and there are seven (7) attorneys in the Legal Department. Yet the City has to hire Baker and Daniels for bond issues. He asked what the tax increases were for the last four (4) years and whether that was the Police Department's fault because they got pay raises. Mr. Ken Donnelly, Portage Township, no address given, stated that the ticket sales ordinance as amended is much greatly improved. He noted that the City of Phoenix, Arizona experienced similar problems and they were able to establish a designated ticket exchange or sales area. He noted that he objects to Section 13 -36 (a) of the ordinance which references public entertainment. He further noted that regardless of public opinion, individual private business establishments that provide entertainment are not public places. Ms. Kelly Lawall, 701 West Sample Street, South Bend, Indiana, stated that regardless of the stories told by police officers about their families and their sacrifices the bottom line is that the Council does not care. She noted that she has never in her ten (10) year career been so insulted by the City government and she does not know if it is something that can ever been repaired. It is no secret that South Bend businesses and taxpayers are behind the Police Department. Good faith was blown out of the water in the same sentence as Mr. John Neighbours was brought in. She stated that there was no good faith from the very start. REGULAR MEETING AUGUST 13, 2001 Mr. Derek Deiter, 1135 Portage Avenue, South Bend, Indiana, stated that he dropped off a copy of an article that he wrote for the South Bend Tribune Michiana Point of View and hoped that the Council had an opportunity to read it. He noted that emotions do run high as this is a very important issue to everyone. He asked the Council to consider everything that has been said. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 9:25 p.m. ATTEST: Charlotte Pfeifer, President 1