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HomeMy WebLinkAbout09-09-13 Common Council Meeting Mintues REGULAR MEETING SEPTEMBER 9, 2013 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, September 9, 2013 at 7:00 p.m. The meeting was called to order by Council President Derek Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th Oliver J. Davis 6 District, Vice-President th David Varner 5 District Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the August 26, 2013, meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4277-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FORMALLY REQUESTING ASSISTANCE TO USE THE U.S. VICE-PRESIDENTIAL SEAL ON A NEW GRAVESITE MONUMENT TO PROPERLY HONOR AND COMMEMORATE THE DEDICATED PUBLIC SERVICE TO OUR COUNTRY AND TO CIVIL RIGHTS BY TH SCHUYLER COLFAX, 17 VICE-PRESIDENT OF THE UNITED STATES Whereas, the South Bend Common Council recognizes that on January 14, 2013, the City Council unanimously adopted Resolution No. 4226-13 honoring the first Speaker of the House to ever be elected Vice-President of the United States, Schuyler Colfax, and declared his birth date March 23rd as Schuyler Colfax Day as an annual event to be celebrated by “…fostering greater attention and reflection upon some of the many Constitutional reforms which Schuyler Colfax dedicated his life to for so many years” in South Bend, Indiana; and Whereas, the Common Council further recognizes that on Saturday, March 23, 2013, at the first Schuyler Colfax Day Celebration which commemorated the countless contributions made by Schuyler Colfax in championing the passage of the 13th, 14th and 15th Amendments; the deteriorating condition of Schuyler Colfax’s final resting place in the City of South Bend’s oldest cemetery, City Cemetery, was witnessed first-hand and it became known that there are no funds for its perpetual care; and 1 REGULAR MEETING SEPTEMBER 9, 2013 Whereas, on June 24, 2013, the South Bend City Council unanimously adopted Resolution No. 4263-13 which called for among other things, the establishment of an Action Plan for South Bend’s Historic City Cemetery and called for the restoration, enhancement and preservation of Vice-President Colfax’s final resting place so that visible and sustainable improvements would be made by the 2nd Schuyler Colfax Day to be held in 2014; and Whereas, it is our understanding that pursuant to Presidential Executive Order 11649 and Title 18 of the United States Code § 713, permission to use the official seal of the Vice-President of the United States on a Vice-President’s gravesite monument must be granted by the federal government; and Whereas, on July 16, 2013, Carol S. Nichols, an officer and member of the Schuyler Colfax Chapter of the Daughters of the American Revolution of South Bend, Indiana, sent a letter to President Barack Obama, Vice-President Joseph Biden and White House General Counsel Kathryn Ruemmler officially requesting permission to have the Vice-President of the United States official seal placed on a new gravesite headstone which would more properly honor and commemorate the public service to our nation by the 17th Vice President of the United States Schuyler Colfax; and Whereas, the South Bend Common Council notes that the federal government granted a similar request which resulted in a granite headstone with the Vice-Presidential Seal engraved thereon which was publicly dedicated on July 17, 2002, to honor U.S. Vice-President Charles Curtis, with his final resting place being located in Topeka Cemetery in Topeka, Kansas, which is depicted below: Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indianaas follows: Section I. The South Bend Common Council respectfully requests permission and assistance from the United States Government to properly and publicly honor and commemorate the enduring legacy of public service to our nation by Schuyler Colfax, 17th Vice-President of the United States, by assisting the City of South Bend, Indiana, in erecting a new gravesite monument at his final resting place in City Cemetery which would proudly depict the Vice- Presidential Seal. Section II. The Common Council hereby respectfully requests any and all assistance from the federal public officials elected to represent our City residents and requests the Office of the City Clerk to send this Resolution, upon its adoption by the South Bend Common Council and approval by Mayor Pete Buttigieg, to: President Barack Obama Vice-President Joseph Biden The White House The White House 1600 Pennsylvania Avenue, NW 1600 Pennsylvania Avenue, NS Washington, D.C. 20500 Washington, D.C. 20500 General White House Counsel Kathryn Ruemmler U.S. Senator Dan Coats The White House 493 Russell Senate Office Building 1600 Pennsylvania Avenue, NW Washington, D.C. 20500 Washington, D.C. 20500 U.S. Senator Joe Donnelly U.S. Representative Jackie Walorski SR-B33 Russell Senate Office Building 419 Cannon House Office Building Washington, D.C. 20510 Washington, D.C. 20515 and further respectfully requests that updates be sent to Council Vice-President Oliver J. Davis who chairs the City Council’s Community Relations Committee which is overseeing the project at odavis@southbendin.gov Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 2 REGULAR MEETING SEPTEMBER 9, 2013 stth s/Tim Scott, 1 District s/Oliver J. Davis, 6 District nd s/Henry Davis, Jr., 2 District s/Derek D. Dieter, At Large rd s/Valerie Schey, 3 District s/Gavin Ferlic, At Large th s/Dr. Fred Ferlic, 4 District s/Karen L. White, At Large th Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney th Attest: Approved this 11 day of September, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Oliver J. Davis, 1801 Nash Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of the resolution: Carol Nichols, 30164, C.R. 22 Elkhart, Indiana, thanked the members of the Common Council th for all they have done in honoring the life of Schuyler Colfax our 17 Vice-President of the United States. By proposing this Resolution to obtain the seal of the Vice-President to be placed on a new monument on his grave site at the City Cemetery is a wonderful tribute to him for his dedication to the City of South Bend, which he called home. Earlier this year the City Council rd declared March 23 Schuyler Colfax Day with a Resolution and to help revitalize the City Cemetery in efforts to raise awareness of the need for restoration. On behalf of the Schuyler Colfax Chapter Daughters of the American Revolution we support the Resolution presented and hope that the Council adopted it unanimously. Carl Kay, 59389 White Cloud Circle, South Bend, Indiana, stated that he owns Carl Kay Memorials in South Bend. He stated that he would be honored to assist in this project. He stated that from what he understands that a letter was written to Washington D.C. asking for assistance, while he would ask the government for assistance with the granite marker itself, but he would certainly volunteer with the lettering of it, foundation work, and the setting of it. He stated that he would like to hear from the government to see how they can help us. At the gravesite the Colfax monument should not be removed, that belongs to the family, they wanted that, so we would leave that there, we can power wash it, clean it, there are a couple of other markers there , one that the Daughters of the American Revolution donated, also Post 50 placed one there, they kind of need to be cleaned up and he would be willing to do so. He stated that there was some thought of having this all done by next March. He stated that from a standpoint in getting a stone like that and dealing with the Government and how long it might take, may pose a problem with having this all done by next year. He stated that the man has been there for a 130 years, this is a great project to go forward with and he will help and his firm will help any way they can to hold down the cost of everything and do what they can, that is what he is offering. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Dr. David Varner made a motion to adopt this Resolution. Councilmember Henry Davis, Jr., seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE KATHRYN ROOS CHIEF OF STAFF RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:11 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. 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. 3 REGULAR MEETING SEPTEMBER 9, 2013 PUBLIC HEARINGS BILL NO. 36-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF HARTMAN DRIVE FROM OAK RIDGE DRIVE EAST TO THE EAST PROPERTY LIMITS OF LOTS 87 & 88 WOODED ESTATES Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. William Baker, 1246 Oakridge Drive, South Bend, Indiana, made the presentation for this bill. Mr. Baker advised that purpose of the vacation is to add to lot size and re-plat for future development – Single Family Residence. 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CEDAR RUNNING WEST FROM EDDY STREET FOR A DISTANCE OF APPROXIMATELY 200 FEET TO IT’S TERMINATION POINT Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of his clients 424 Francis LLC. Mr. Danch advised that they are requesting approval of the vacation to allow for the reconfiguration of parking within their property, to remove an existing driveway onto Eddy Street and add a new entrance to their apartment complex off of Cedar Street. 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF TAYLOR STREET FROM WESTERN AVENUE SOUTH TO THE FIRST VACATED EAST/WEST ALLEY 4 REGULAR MEETING SEPTEMBER 9, 2013 Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Bernard Feeney, Lang Feeney, & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of his client Maribeth Roncz. Mr. Feeney advised that they are requesting the vacation to better facilitate pedestrian cross traffic between the two businesses on either side of the alley. 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 Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC ALLEY EAST OF MAIN STREET BOUNDED BY WAYNE STREET ON THE NORTH AND WESTERN AVENUE ON THE SOUTH Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. James Masters, Nemeth, Feeney, Masters & Campiti, P.C., 211 W. Washington, Suite 1800, South Bend, Indiana, made the presentation for this bill on behalf of the St. Joseph County Public Library. Mr. Masters advised that the vacation is ought to eliminate vehicular traffic through the street/alley adjacent to the Library buildings and parking lot. The Library intends to expand its parking area for the Main Library and other Library buildings on the lots owned by the Library to the east of the street/alley. The vacation is requested out of concern for the safety of pedestrians using the parking lots and Library buildings. 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 43-13 PUBLIC HEARING ON A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551-94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT-OF-WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT-OF-WAY LINE OF EDDY STREET 5 REGULAR MEETING SEPTEMBER 9, 2013 Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of his client the University of Notre Dame. Mr. Danch advised that this bill would allow for the correction of a scrivener’s error in Vacation Ordinance No. 8551-94. the error occurred in the legal description within the Ordinance only, the vacation diagram that accompanied the Ordinance correctly depicted the alley that was to be vacated. He noted that the reason for this request is to allow the St. Joseph County Auditor’s Office and Assessor’s Office to show correctly on their records that the alley that was intended to be vacated was officially vacated. It will also allow for future buyers of the properties adjacent to the vacated Alley to be aware that the Alley has been vacated and cannot be used for access purposes. 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. BILL NO. 40-13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14-56 OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMIT PROCEDURES AND FEES AND SEASONAL CONDITIONAL USE LAWN PARKING PERMIT Councilmember Dieter made a motion to strike this bill from the agenda. 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 Scott 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 7:25 p.m. Council President Derek Dieter, presided with nine (9) members present. 6 REGULAR MEETING SEPTEMBER 9, 2013 BILLS – THIRD READING ORDINANCE NO. 10251-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF HARTMAN DRIVE FROM OAK RIDGE DRIVE EAST TO THE EAST PROPERTY LIMITS OF LOTS 87 & 88 WOODED ESTATES This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10252-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CEDAR RUNNING WEST FROM EDDY STREET FOR A DISTANCE OF APPROXIMATELY 200 FEET TO IT’S TERMINATION POINT This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10253-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF TAYLOR STREET FROM WESTERN AVENUE SOUTH TO THE FIRST VACATED EAST/WEST ALLEY This bill had third reading. Councilmember Dr. David Varner made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10254-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC ALLEY EAST OF MAIN STREET BOUNDED BY WAYNE STREET ON THE NORTH AND WESTERN AVENUE ON THE SOUTH This bill had third reading. Councilmember Dr. David Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10255-13 AN ORDINANCE TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551-94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT-OF-WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT-OF-WAY LINE OF EDDY STREET 7 REGULAR MEETING SEPTEMBER 9, 2013 This bill had third reading. Councilmember Dr. David Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 13-56 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 818 THOMAS STREET Councilmember Henry Davis, Jr., made a motion to continue this bill until the September 23, 2013 meeting of the Council. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-57 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 1731 S. FRANKLIN STREET Councilmember White made a motion to continue this bill until the September 23, 2013 meeting of the Council. Councilmember Henry Davis., Jr., seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4278-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKIN A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXCEPTION OF CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1440 IGNITION DRIVE IN THE SIXTH COUNCIL DISTRICT WHEREAS. The Common Council (the “Common Council) of the City of South Bend, Indiana (the “City”), pursuant to Resolution No. 4174-12 adopted by the Common Council on April 24, 2012 (the “Declaratory Resolution”), provisionally declared subject to the completion of the proceedings set forth in Indiana Code 6-1.1-10-44 (the “Act”) and Section III of the Declaratory Resolution that (i) Data Realty Northern Indiana LLC (the “Company”) constitutes an Eligible Business under the Act and the Declaratory Resolution; (ii) certain personal property of the Company will constitute Qualified Property (the “Qualified Property”) under the Act and the Declaratory Resolution; and (iii) the Qualified Property will be exempt from property taxation for an unlimited term provided that the Company continues to qualify for the exemption hereunder and under the Act; and WHEREAS, pursuant to the Act and Indiana Code 5-3-1, public notice of the adoption and the substance of the Declaratory Resolution was provided as well as setting forth that a public hearing would be held on August 26, 2013, to receive and hear all remonstrance’s and objections from interested persons; and WHEREAS, a copy of the Declaratory Resolution and the public notice referenced above was filed with the office of the St. Joseph County Assessor and with each taxing unit in the County; and 8 REGULAR MEETING SEPTEMBER 9, 2013 WHEREAS, on August 26, 2013 the Common Council received and heard all remonstrances and objections to the Declaratory Resolution from interested persons and considered the evidence presented. 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 findings in the Declaratory Resolution determining that the Qualified Property of the Company is and shall be exempt from property taxation for an unlimited term provided that the Company continues to qualify for the exemption under the Act. The Common Council hereby approves of the form of Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to execute and attest, respectively, the form of Letter Agreement attached to the Declaratory Resolution. SECTION II. The Common Council further confirms that the final determination and property tax exemption confirmation for certain enterprise information technology equipment is based on Data Realty’s representations that: (a) It is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; (b) It is located in a facility or data center in Indiana; (c) It invests in the aggregate at least $10,000.000 in real and personal property in Indiana after June 30, 2009; and (d) The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts its business operation. SECTION III. 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 White made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic, Chairperson, Community Investment Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Richard Carlton, President, Data Realty Northern Indiana, LLC., made the presentation for this bill. Mr. Carlton advised that under Indiana Code certain enterprise information technology equipment is exempt from property taxation. He stated that Data Realty Northern Indiana, LLC. Constitutes as an eligible business. 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 Dr. David Varner made a motion to adopt this Resolution as substituted. Councilmember Scott seconded the motion which was adopted by a roll call vote of nine (9) ayes. 9 REGULAR MEETING SEPTEMBER 9, 2013 RESOLUTION NO. 4279-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 120 W. LASALLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS, L.P. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 120 W. LaSalle Street, South Bend, Indiana, and which is more particularly described as follows: East 87.7 feet Lot 12 Original Plat South Bend and which has Key Number 71-08-12-107-002.000-026 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and 10 REGULAR MEETING SEPTEMBER 9, 2013 F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (10) ten years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment 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 Mr. William Hollingsworth, 4000 W. 106 Street, Suite 125-146, Carmel, Indiana, made the presentation for this bill. Mr. Hollingsworth advised that they intend to redevelop the historic Hoffman Hotel located at 120 W. LaSalle Street. The 60,000 square foot building will be converted from an office building to affordable apartments to house artists. He stated that the estimated dollar value of the project if $4,000,000. Total taxed to be abated during the ten (10) year abatement period is estimated at $391,974. Total taxes to be paid during the ten (10) year abatement period is estimated at $1,156,031. Per the petition, the project will create zero permanent full-time and one permanent part-time job within the first year representing a new annual payroll of $35,000 and will maintain zero existing permanent full-time and zero existing part-time jobs. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Dr. David Varner made a motion to adopt this Resolution. Councilmember Scott seconded the motion which was adopted by a roll call vote of nine (9) ayes. 11 REGULAR MEETING SEPTEMBER 9, 2013 RESOLUTION NO. 4280-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOW AS 4004 TECHNOLOGY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR THE LEBERMUTH COMPANY, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4004 Technology Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Six (6) as shown on the recorded Plat of Landmark Business Park, Section 3, recorded April 18, 1985 as Document Number 8506870 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 71-03-19-200-010.000-009, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that 12 REGULAR MEETING SEPTEMBER 9, 2013 can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to eight (8) years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Alan Brown, Vice-President, The Lebermuth Company, Inc., 14000 McKinley Hwy., Mishawaka, Indiana, made the presentation for this bill. Mr. Brown advised that they are consolidating their Mishawaka and Bremen locations into one location in South Bend. This includes creation of manufacturing, laboratory, & office space. He stated that they manufacture, along with research & development of fragrance and flavor compounding. 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 Dr. David Varner made a motion to adopt this Resolution. Councilmember Scott seconded the motion which was adopted by a roll call vote of nine (9) ayes. 13 REGULAR MEETING SEPTEMBER 9, 2013 RESOLUTION NO. 4281-13 A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2013 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW REAL PROPERTY ADDITION LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4077-11 FOR MCCORMICK AND COMPANY, INC. LOCATED AT 3425 W. LATHROP DRIVE Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common council of the City of South Bend, Indiana commonly known as 3425 W. Lathrop Drive, South Bend, Indiana had adopted Resolution 4077-11, pursuant to Indiana Code 6-1.1-12.1 to be an economic revitalization area for purposes of an eight (8) year real tax abatement for McCormick and company, Inc. Whereas, Resolution 4077-11 was presented and adopted by the Common Council on January 24, 2011. Whereas, Ms. Deidre Cassidy, Director of State and Local Tax for McCormick and Company, Inc. states that the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization area (Form 322) was never received by McCormick and Company, Inc. Whereas, the Auditor’s Office states that it has never received the required Form 322. Whereas, the tax bill which was to have been 100% abated results in a tax being due of $. Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. The Department of Community Investment Department cannot find the required Form 322 in the department files. B. The stated property cannot afford this large tax bill at the present time. The 2012 taxes payable 2013 would be $44,844.34 with the abatement and $117,742.72 without the abatement. C. McCormick and Company, Inc. has met or exceeded all financial goals stated in their original petition for a tax abatement. The initial cost of the project was estimated to be $5,894,948 and the actual cost was $7,721,643. The company committed to creating five (5) new permanent full time jobs with a payroll of $177,240 and they have created twelve (12) additional jobs with a payroll of $545,958. The company was to retain one hundred twenty-three (123) jobs with a payroll of $6,288,000. They have retained one hundred twenty-three (123) employees with a payroll of $5,596.069. D. The project is an outstanding asset to this community. E. The tax abatements received from the City of South Bend play a key role in the company’s decision to invest in the City of South Bend. F. All other required documentation has been received from McCormick and Company, Inc. by the required due dates. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. 14 REGULAR MEETING SEPTEMBER 9, 2013 SECTION III. The Common Council hereby waives the filing deadline of May 15, 2013 and pursuant to Indiana Code 6-1.1-12.1-4.8 adopts this resolution that authorizes acceptance. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment 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. Ms. Deidre Cassidy, Director of State and Local Tax, McCormick and Company, made the presentation for this bill. Ms. Cassidy advised that they are asking for the “Waiver of on Compliance” for the non-filing of Form RE 322 for real estate tax abatement related to Resolution No. 4077-11. Ms. Cassidy stated that they were not aware of the need to file Form RE 322 and had they know, they would have filed the form in a timely manner. 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 Dr. David Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4282-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING TEXT AMENDMENTS TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA PLAN WHEREAS, the South Bend Redevelopment Commission (the "Commission"), governing body of the City of South Bend, Indiana has previously designated and declared an area in the City of South Bend, Indiana (the "City") known as the South Bend Central Development Area “the SBCDA” to be a blighted area within the meaning of the Act and an allocation area for purposes of tax increment financing, adopted a Redevelopment Plan, as previously amended, adopted by the Commission on May 10, 1985; and WHEREAS, the Redevelopment Plan contains detailed development goals and objectives with public and private sector investment opportunities within the SBCDA; and WHEREAS, the City of South Bend seeks to emphasize the importance of adding and expanding the range of downtown housing unit types within the SBCDA, particularly those that encourage the provision of affordable artist housing and live-work space for artists; WHEREAS, the Commission approved Declaratory Resolution #3153 on 8/15/13 to begin the process of making text amendments to the Redevelopment Plan; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana approved the same text amendments to the Redevelopment Plan via Resolution 231-13 on 08/20/2013; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I: That the South Bend Central Development Area Plan, a true and complete copy of which is attached hereto and incorporated herein shall be and hereby is approved. SECTION II: That this Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 15 REGULAR MEETING SEPTEMBER 9, 2013 s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Chris Dressel, Planner, Department of Community Investment, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Dressel advised that the South Bend Redevelopment commission has prepared amendments to the South Bend Central Development Area (SBCDA) Plan primarily for the purpose of supporting a wider range of housing choices, particularly those types that encourage the expansion of affordable artist housing and live-work space for artists. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember White made a motion to adopt this Resolution. Councilmember Dr. David Varner seconded the motion which was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 47-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION’S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Personnel & Finance Committee and set for Public Hearing and Second Reading on September 23, 2013 and Third Reading on October 14, 2013. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48-13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1906 FRANKLIN ST. SOUTH BEND, IN 46614, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING SEPTEMBER 9, 2013 BILL NO. 49-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Public Works and Property Vacation Committee and set for Public Hearing and Third Reading on September 23, 2014. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS NEW BUSINESS Councilmember Oliver Davis handed out information regarding St. Joseph County Vote Centers. He stated that he is the representative for the South Bend Common Council on the Vote Center meetings and last week there was a public hearing regarding the proposed vote centers. The State Law says that for a county our size that we have about 20 locations, as you see currently we 39 locations. He stated that they are having a meeting this coming Wednesday to talk about satellite locations. Satellite locations would be available 28 days prior to election, where you can go around the county and vote. He stated that one of the two handouts shows the current locations that have been designated as proposed vote center locations as of September 5, 2013. He stated that the second hand out is a pamphlet of Voter Center’s frequently asked questions and answers. He asked the Council to review the handouts and feel free to contact him with any questions or concerns. He will forward them onto the committee for their consideration. He stated that there will be another meeting and from that meeting the findings will be sent to the St. Joseph County Election Board to make a decision. The St. Joseph County Council will then have to vote on whether to fund it or not. The plan is to begin using vote centers in 2014, if all goes accordingly. He stated that there are maps with the locations hanging outside of the Council Chambers for review. He noted that 2015 is a City Election, so there will be changes to those vote center locations given the nature that only city residents are able to vote in that election. He asked everyone to review the plan and urged them to make comments. Councilmember Valerie Schey advised that she would like to give an update on the South Bend Animal Care & Control Special Committee. She stated that like so much of our Municipal Code, Chapter 5 has been cobbled together and over time this makes it both difficult for our residents to read and understand as for our officers to enforce. She stated that the goal of the South Bend Animal Care & Control Special Committee is to clean up the language by using Fort Wayne’s Chapter as a model and our foundation. She stated that Fort Wayne’s Animal Care & Control Program is widely recognized throughout the state for their innovative programs & policies. Fort Wayne’s chapter has been actively managed & updated over the years. Their chapter reflects many of the changes that have been made to Indiana Code on this subject as well as it corrects for many of the legal challenges that other municipalities have tonight and lost. Our committee has met 6 times and has completed 11 sections. The process has been slow and deliberate. She stated that they have been working closely with the administration and thanked Councilmembers Scott, Oliver Davis and Henry Davis, Jr., for attending their meetings and to Matt Harmon, Director, South Bend Animal Care & Control, Brad Block, South Bend Animal Care & Control Senior Control Officer, Cecil Eastman, Financial Analyst for South Bend Animal Care & Control and Ann-Carol Nash, Assistant City Legal Counsel for South Bend Animal Care & Control for their ongoing assistance and support. She stated that it is her hope that through this rewrite we will see a reduction in the number of animals impounds and increase in enforcement and a reduction of animals euthanized at the shelter. PRIVILEGE OF THE FLOOR 17 REGULAR MEETING SEPTEMBER 9, 2013 COMMENTS FROM GREG BROWN REGARDING CHIEF TEACHMAN Rev. Greg Brown, 1238 Diamond Street, South Bend, Indiana, asked if the Council received a copy of the findings in the investigation of Chief Teachman from the State Police? He also asked if this information is public record so a copy can be obtained for the public to review? He asked if the public will be informed on the findings, and also on the actions taken if any by the Board of Public Safety. He stated that the citizens have a right to know when it comes to these types of issues with the Chief. COMMENTS FROM JESSE DAVIS REGARDING DOUBLE BILLING SEWER INSURANCE PROGRAM Jesse Davis, P. O. Box 10205 South Bend, Indiana, stated that he is checking back with the council on the double billing case the City Legal Department was looking into for the costumers that were billed for work that was also billed to and paid for by the city under the sewer insurance program. He stated that it has been several months since this was brought up to the Police and Legal Department. He stated that he would like to Council to check the status of this issue so the customers can get some answers on this issue. COMMENTS FROM HALTON WEST REGARDING A HOME AT 247 SHERIDAN Halton West, 746 Kaley Street, South Bend, Indiana, stated the home at 247 Sheridan has been vacant for approximately 5 years. It had a fire and has been boarded up. He stated that the home was put on the demolition list. Mr. West stated that he would like to rebuild it and put it back on the tax roll. COMMENTS FROM THEO ROBERTS REGARDING COMPLAINTS AGAINST EMPLOYEES Hello Ladies and Gentlemen of the Council, I want to be brief here, you all know me as Officer Robert, but I’m not here speaking as Officer Robert , I’m here as a citizen and tax payer of this community. What I am here to speak about, basically, I want to talk to you guys about things that I would like you to be aware of that’s going on for people of the South Bend Police Department as well as other employees of the City. I would like you guys to look into some things that I am going to address with you. The first thing I want to address with you is that the City I mean State of South Bend mandates that all officers have to receive some type of training before we can become officers. That includes appointed officials. It came to my knowledge that there may have been for former Chief Hurley he was not recertified as a Police Chief. If that’s the case then his duties in that capacity are null and void. So my question to you is that something that you guys can look into see if that is legitimate or not, to see if he was actually re- certified as a Police Chief. Because we all have to do that based upon the State mandates of Indiana. #2. South Bend Police Department has an Internal Affairs and we have over 250 officers, that unit is primarily overseen by one officer. Ok, one officer Lt. Ross. We have 250 officers, so my question to you who investigates the investigator? In the past, I filed a formal complaint against Lt. Ross for misconduct, nothing was done. Also, I am aware that there has also been another filing of misconduct against Lt. Ross, who is investigating him? So my question is there seems to be a lack of administrative accountability as it relates (1 minute left) to the Internal Affairs Department. I ask that you guys investigate that accountability. We have one officer investigating 250 officers, who is investigating the officer? My third point is this: The City of South Bend has hundreds and hundreds of employees, there seem to be a culture of unfairness ok between those that are considered lower level employees and those that are appointed or are considered higher ranking employees. In the past I have filed complaints, formal complaints against appointed officials, I filed those complaints, and nothing was done with my complaints against those appointed officials. Also when there have been complaints against higher ranking supervisors they tend to go unnoticed. So there is a culture that, as a lower level employee, there are things (time up), so I ask you guys to investigate that, I have that on my sheet (holds up paper) and I also have some information, documents that if you guys could copy. Thank You. 18 REGULAR MEETING SEPTEMBER 9, 2013 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:53 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19