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HomeMy WebLinkAbout06-24-13 Common Council Meeting Minutes REGULAR MEETING JUNE 24, 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, June 24, 2013 at 7:00 p.m. The meeting was called to order by Council Vice-President Oliver J. Davis 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 Oliver J. Davis 6 District, Vice-President th David Varner 5 District Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole Absent: Derek Dieter At-Large, President th Fred Ferlic 4 District (Present at 8:34 p.m.) OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the May 29, 2013, meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS Vice-President Oliver J. Davis announced that Bill Nos. 16-13; 20-13; 22-13; 28-13; 13-41 and 13-42 that appear on this evening agenda are being continued. REPRESENTING THE CITY ADMINISTRATION KATHRYN ROOS, MAYOR’S CHIEF OF STAFF. REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Dr. David Varner made a motion to resolve into the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS 1 REGULAR MEETING JUNE 24, 2013 BILL NO.16-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA 46619, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. David Varner made a motion to table this bill until the July 8, 2013 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis, seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 20-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J. NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT OT 5661 F. J. NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. David Varner made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 21-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. th Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change form GI General Industrial District and PUD Planned United Development District to PUD Planned United Development District to allow a tech park, known as Ignition Park. She noted on site that all of the original Studebaker buildings have been demolished. Hamilton Towing is located at the northeast corner of the site. There is a new building (Data Realty) at the south end of the site. To the north is the St. Joseph County Jail, the City of South Bend Municipal Garage and Police Station, and the United Beverage facility, all zoned GI General Industrial District. To the east is the new Transpo building zoned GI General Industrial District. To the east, across Lafayette Blvd, is a multi- tenant office building and the Hydraulic & Steam Equipment Company zoned GI General Industrial District. To the south, across Cotter Street, is Ferguson Enterprises and the Martin’s Supermarket corporate office zoned GI General Industrial District. To the south, across the railroad tracks, are a few single family homes and vacant land zoned SF2 Single Family and Two Family District. To the west, across Prairie Avenue, are Ideal Corporation, Midwest Sales, and Omnisource Corporation all zoned GI General Industrial District. The Planned United Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right 2 REGULAR MEETING JUNE 24, 2013 within any district of this Ordinance. She noted as with the existing PUD, the site plan is very general, showing street layout and perimeter setbacks. Detailed development standards are described through an exhibit attached to the ordinance. This narrative plan describes what is expected to happen as Ignition Park develops. The narrative plan covers uses, setbacks, building heights, landscaping and other development elements associated with the site. Changes from the previous PUD (APC#2568-10) ordinance include adding child care, medical or dental clinic, and hotel uses, removing the minimum height of buildings, and reducing side and rear setbacks. Secondary approvals will require site plans that fully meet the intent and specific development standards of the narrative plan. The Data Realty site, which received Final Site Plan approval on March 8, 2012 under the previous rezoning, will not need a new site plan review. A similar petition was filed at the end of 2010. This petition adds the Hamilton Towing site at the northeast corner and removes a lot at the southwest corner. Previously the entire site was zoned GI General Industrial District. Sample Street has four lanes. Prairie Avenue, Lafayette Blvd., and Cotter Street each have two lanes. Ignition Circle will have two lanes once it is completed. The site will be served by City of South Bend utilities. The Department of Community Investment supports the change in zoning as submitted. The City Engineer has no comments. The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603; The City of South Bend’s Comprehensive plan will be followed and the Future Land Use Map identifies this area as Heavy Industrial. This area is within the Sample Ewing Development Area. This area was previously part of the Studebaker manufacturing complex. The buildings have all been demolished over the past several years to make way for the development of Ignition Park. Surrounding uses are small to medium sized industrial businesses and public use facilities. The most desirable uses are large industrial and office users, within a planned development. Given the specific development standards applied to this development, surrounding property values should not be negatively affected. It is responsible development and growth to promote the adaptive reuse of land within the context of the Comprehensive Plan. The staff received a letter in support of the rezoning form the Rum Village Neighborhood Association. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Ms. Nayder advised that the South Bend Comprehensive Plan, City Plan, identifies the establishment of a research park as one of the action steps under Strategy #1. In conjunction with Notre Dame’s Innovation Park, Ignition Park provides a well-designed development site for the attraction of new businesses. The changes proposed from the original PUD, preserves the overall intent of the development of Ignition Park. th Mike Divita, Community Investment Department, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Divita advised that this bill would allow for the rezoning of approximate 85 acres located in the City of South Bend, known as “Ignition Park.” He stated that it would rezone from GI – General Industrial District and Ignition Park POD to POD Planned United Development to provide for a mixed-use PUD District to be known as “Ignition Park PUD” which is compatible with the surrounding zoning classifications. 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 either in favor of or in opposition to this bill, Councilmember Scott made a motion to send this bill to the full Council favorably. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 27-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET 3 REGULAR MEETING JUNE 24, 2013 Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Mr. Jeffrey L. Gritton, 718 Donmoyer Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Gritton advised that the purpose of this vacation is to provide the opportunity to include the real property inside the recently purchased lot used for children’s recreation. The adjoining property has a pre-existing fence that most naturally extends through the real property, which is land locked and currently not used. The extension of the fence line in this way squares out property lines in the most natural and logical way. 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 either in favor of or in opposition to this bill, Councilmember Dr. David Varner made a motion to send this bill to the full Council favorably. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 18-13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6-6.6, 6-6.7 AND 6-6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS rd Councilmember Dr. David Varner made a motion to accept the 3 Substitute version of this bill as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Oliver J. Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember Oliver J. Davis, 1801 Nash Street, South Bend, Indiana, made the presentation for this bill. nd Councilmember Oliver J. Davis advised that on June 5, 2013 a 2 Substitute Bill No. 18-13 was filed with the Office of the City Clerk which set forth the collaborative efforts of the legislative and administrative branches of city government working together. A map generated by GIS depicting “Wells Registered to Pump Over 100,000 Gallons Per Day in the Vicinity of South Bend” which is referenced in the proposed ordinance was also filed at that time which has been on display in the Council Informal Meeting Room. Councilmember Oliver J. Davis noted that in light of the input from John Byorni, Executive Director, Area Plan Commission, the only major rd change reflected in the 3 Substitute Bill of Bill NO. 18-13 which is Sec. 6-6.7 New Well Requirements and Affected Areas where the following language was deleted: “Before a subdivision that creates new public streets is made in the City, a Soils and Water Table Review shall be made to the Executive Director of the Area Plan Commission per Sec. 6-6.6 for inclusion and approval of the subdivision process. All development within the approved subdivision shall meet the requirements of Sec. 6-6.6(c)(d)(e) above.” Councilmember Oliver J. Davis stated that Mr. Byorni believes that language addressing any proposed regulations which address subdivisions would be more appropriate in the subdivision regulations which are codified into Chapter 21 of the South Bend Municipal Code. In that way, the Area Plan Commission would have the opportunity to provide input on those provisions in a separate ordinance. He stated that in summary, the proposed regulations would: become effective July 15, 2013 to give the Building Department and Department of Public Works to do outreach and education on the regulations. Require an applicant to review the Indiana Department of Environmental Management (IDEM) list of sites with significant water withdrawals. Authorizes 4 REGULAR MEETING JUNE 24, 2013 the Building Commissioner to impose conditions on any permit where proposes construction is to take place on sites near where there are significant water withdrawals. Require an applicant to review the St. Joseph County Soils Map, maps depicting wetlands, maps depicting floodplains and maps depicting drainage basins/watersheds. Set forth new regulations for new wells and set forth new regulations when a water well is decommissioned. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in favor of this bill: Jesse Davis, P. O. Box 10205, South Bend, Indiana Councilmember Scott thanked his co-sponsors of this bill and the City Administration to get this bill filed and to have it as another essential tool for the Building Department to provide the necessary reviews of water tables prior to permits being issued to build or construct any new dwelling used primarily for residential purposes within the City of South Bend, Indiana. Councilmember Henry Davis, Jr., advised that he is not against this bill, however, homeowners are already burdened with so many restrictions, this bill would add another layer to the already time consuming efforts of brining in new residents into the City of South Bend. He questioned whether the Building Department is adequately staffed? There being no one else present wishing to speak to the Council either in favor or in opposition rd to this bill, Councilmember Henry Davis, Jr., made a motion to send the 3 Substitute Bill to the full Council with a favorable recommendation. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 22-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5-15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Schey made a motion to continue this bill until the July 8, 0213 meeting of the Council at the request of the petitioner. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 28-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Schey made a motion to continue this bill until the July 8, 2103 meeting of the Council at the request of the petitioner. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of seven (7) ayes. 5 REGULAR MEETING JUNE 24, 2013 BILL NO. 29-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 61, SECTION 19- 61 (a) OF THE SOUTH BEND MUNICIPAL CODE AS TO LIMITED SALE OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS Councilmember Henry Davis, Jr., Chairperson, PARC Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Randy Nowacki, South Bend Parks and Recreation Department, 321 East Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. Nowacki advised that this bill would allow the sale of liquor at Elbel and Erskine Park Golf Courses, which are currently limited to beer and wine sales. The sale of liquor is a common practice at golfing facilities nationally and locally. Most local courses, including Blackthorn, have this option available to their patrons. The golf courses currently possess a three-way alcohol license, but are prohibited from liquor sales by the municipal code. This ordinance will amend that section of the code to allow liquor sales. 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 either in favor of or in opposition to this bill, Councilmember Dr. David Varner made a motion to send this bill to the full Council favorably. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 23-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $34,250.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. th George King, Purchasing Manager, 12 Floor County City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. King advised that the Minority and Women Business Enterprise Diversity Development Ordinance passed by the Common Council on April 11, 2011 requires that many tasks be performed by a “Diversity Compliance Officer.” This bill would appropriate $20,575 from the General Fund #101 to cover the salary of this part time employee and appropriate $5,000 from the General Fund to cover costs of membership in two important, diversity related professional organizations, the Indiana Minority Supplier Development Council and the Women’s Business Enterprise Council. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis, Jr., stated that he is in opposition to hiring and adding another position to the city’s payroll. He believes that an outside agency should be providing this service. There being no one present wishing to speak either in favor of or in opposition to this bill, Councilmember Schey made a motion to send this bill to the full Council favorably. 6 REGULAR MEETING JUNE 24, 2013 Councilmember Oliver J. Davis seconded the motion which carried by a voice vote of six (6) ayes and one (1) nay (Councilmember Henry Davis, Jr.) BILL NO. 24-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that would amend the 2013 Salary and Wage Ordinance No. 10199-12 for non- bargaining employees of the City of South Bend. Mr. Neal advised that with the creation of this position, the City will greatly advance the goal and purpose of the Diversity ordinance to educate, attract, and better enable minority and women owned business to participate in City contracting opportunities. 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 either in favor of or in opposition to this bill, Councilmember Schey made a motion to send this bill to the full Council favorably. Councilmember Oliver J. Davis seconded the motion which carried by a voice vote of six (6) ayes and one (1) nay (Councilmember Henry Davis, Jr.) BILL NO. 25-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 Councilmember Oliver J. Davis made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and voted to send this substitute bill to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand read the amendments into the record. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that as the State of Indiana’s oldest zoo, the Potawatomi Zoo is a terrific city asset and a popular regional destination for people of all ages. With engaging exhibits, a diverse animal collection, numerous educational opportunities, a dedicated staff, and special events, the Potawatomi zoo is a place that needs to operate under the highest standards. He stated that the Zoo has been under the supervision of an interim director and veterinary services are now conducted on a contractual basis. This is solely due to the low salary levels that are currently in place for these two positions. The administration strongly believes that the recruitment of a zoo 7 REGULAR MEETING JUNE 24, 2013 director and zoo veterinarian are vital to the continued and future success of the Potawatomi Zoo. He noted that this is especially important now because the zoo will commence its reaccreditation process next year through the Association of Zoos & Aquariums (AZA). Mr. Neal noted that this bill would allow to make the pay competitive based on the AZA data for the director’s salary to the proposed range of $91,000 - $96,000 and the zoo veterinarian’s salary to the proposed range of $78,000 - $83,000, in order to conform with general norms for a city of our size. He noted that the City remains open to further conversation with the Potawatomi Zoological Society on a potential public-private partnership in the future, but the administration believes focusing on strong leadership in the short-term is the best course of action for zoo staff, our animal collection, and the residents and families of our community who enjoy visiting the zoo. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: Pat Fenters, Staff, Potawatomi Zoo, stated that she has worked for the Zoo for twenty-four (24) years. She stated that they have seen many Directors and Veterinarians come and go. She noted that they get their experience here and then leave for better pay. She urged the Council to pass this bill. Trevor Gasper, 4100 Edison Lakes, President, Potawatomi Zoological Society, spoke in favor of this bill. He asked the Council for their favorable consideration. There being no one else present wishing to speak to the council either in favor or in opposition to this bill, Councilmember Schey made a motion to recommend this substitute bill to the full Council favorably. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Vice President Oliver J. Davis made a motion to rise and report to full Council. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:03 p.m. Council Vice- President Oliver J. Davis, presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 10233-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 8 REGULAR MEETING JUNE 24, 2013 This bill had third reading. Councilmember Gavin Ferlic made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10234-13 AN ORDINANCE TO VACATE THE FOLLOWING PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dr. David Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10235-13 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6-6.6, 6-6.7 AND 6-6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS This bill had third reading. Councilmember Gavin Ferlic made a motion to amend this bill as in the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Gavin Ferlic made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10236-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 61, SECTION 19-61 (a) OF THE SOUTH BEND MUNICIPAL CODE AS TO LIMITED SALE OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dr. David Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10237-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $34,250.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES This bill had third reading. Councilmember Scott made a motion to amend this bill as in the Committee of the Whole. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Scott made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis, Jr.) 9 REGULAR MEETING JUNE 24, 2013 ORDINANCE NO. 10238-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 This bill had third reading. Councilmember Dr. David Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Dr. David Varner made a motion to pass this bill as amended. Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis, Jr.) ORDINANCE NO. 10239-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 This bill had third reading. Councilmember Gavin Ferlic made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Gavin Ferlic made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS . COUNCILMEMBER DR. FRED FERLIC WAS PRESENT AT THIS TIME RESOLUTION NO. 4263-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE ESTABLISHMENT OF A 5- YEAR ACTION PLAN FOR THE REVITALIZATION AND PRESERVATION OF THE HISTORIC CITY CEMETERY Whereas, the Common Council of the City of South Bend, Indiana, acknowledges that South Bend founders, Alex Coquillard and Lathrop Taylor, donated the land which became South Bend’s oldest cemetery - located just west of the downtown at LaPorte Avenue along the north and its main entrance off Elm Street which is today located just outside and northwest of the West Washington National Register District; and Whereas, the Common Council notes that the first recorded burial was Peter Roof, a Revolutionary War veteran in 1831; followed by burials of prominent African-American families such as the Bryants and Powells, with this cemetery being notable for never being segregated; and Whereas, City Cemetery has grown to be the home to approximately 14,800 final resting places on its 21.36 acres, with the historic and ornate entry gates being erected in 1899; and Whereas, William G. George, South Bend’s first Mayor; James and Mary McKinley, the rd paternal grandparents of President McKinley who both died of typhoid fever on their 43 wedding anniversary on August 20, 1847; John Auten, the first solider from St. Joseph County to be killed in the Civil War in 1861; Norman Eddy who was a U.S. Congressman and served as a Colonel in the Union Army during the Civil War who died in 1872; South Bend Police Officer 10 REGULAR MEETING JUNE 24, 2013 Lewis Keller who was killed in 1898 during a robbery of a store on Washington Street; Congressional Medal of Honor Recipient Private Enoch R. Weiss who served in the U.S. Army st in Company G, 1 US Cavalry who died in 1917; South Bend Police Officer Howard Wagner who was killed at the age of 29 by John Dillinger’s gang during the robbery of downtown Merchants Bank in 1934; and Schuyler Colfax who served as Speaker of the House of th Representatives from 1863-1869, and served our country as the 17 Vice-President of the United States from 1869-1873 under President Ulysses S. Grant - are just some of the thousands of individuals buried in this historic City Cemetery along with the many infants who died from teething, consumption, whooping cough, scarlet fever and measles; and Whereas, the Common Council notes that in 2009, the Historic Preservation Commission of South Bend and St. Joseph County partnered with the Schuyler Colfax Chapter of the Daughters of the American Revolution (DAR) to collaborate together and promote the preservation of City Cemetery, with its Mission Statement “to preserve, protect, share carefully and treat reverently this hallowed and historic site”; and Whereas, the Common Council acknowledges that on May 1, 2009, a 93-page copyrighted publication entitled Preservation Assessment of City Cemetery, South Bend, Indiana, also referred to as the Chicora Research Contribution 512, was prepared by Michael Trinkley, PhD and Debi Hacker of Chicora Foundation, Inc. who specialize in cemetery preservation with a special emphasis on conservation treatments, cemetery preservation plans, marker inventories and assessments, historical research, grave identification, archaeological investigations, and cemetery preservation workshops for Amy B. Minnick, Assistant Director of the Historic Preservation Commission of South Bend with this detailed publication being available at http://www.chicora.org/pdfs/RC512.pdf; and Whereas, the Common Council further notes that the Preservation Assessment of City Cemetery, South Bend, Indiana publication sets forth key data, information, maps, pictures and recommendations addressing the following topic: Introduction – preservation fundamental, the Cemetery – its setting and context, factors affecting the landscape character, administrative and legal issues; Historic Synopsis; Road and Pedestrian Issues; Lighting and Security Issues; Cemetery Fixtures and Furnishings; Landscape Maintenance; Other Maintenance Issues; Conservation Issues; Priorities and Funding Levels; and detailed source information as well many recommendations; and Whereas, on January 14, 2013, the South Bend Common Council unanimously adopted rd Resolution No. 4226-13, which officially declared March 23 of each year as “Schuyler Colfax Day in South Bend, Indiana” to recognize his public service career and especially his determined th dedication to civil rights and the passage of the 13 Amendment in 1865 to abolish slavery, the th passage of the 14 Amendment in 1868 addressing due process, and equal protection, and the th 15 Amendment in 1869 addressing the right to vote regardless of one’s race, color or previous condition of servitude; and the fact that he was the first person from Indiana to be elected Vice- President of the United States; and th Whereas, on March 23, 2013, the 190 birthday of Schuyler Colfax, members of the South Bend Common Council, representatives of the Colfax Chapter of the Daughters of the American Revolution, union members, city residents, Historic Preservation members, members of the St. Joseph Lodge 45 of the Free Masons, and concerned citizens gathered at 601 West Colfax Avenue, where Schuyler Colfax once lived in patriot observance of the first observance of “Schuyler Colfax Day”; Whereas, this year’s celebration of Schuyler Colfax then continued to his final resting th place in City Cemetery, where he, and his son Schuyler Colfax, Jr. who was the 11 Mayor of the City of South Bend serving from 1899-1902, and other family members are buried; and Whereas, this year’s celebration was dampened by seeing first-hand the overall condition of City Cemetery which has far too many neglected and broken headstones many of which have weathered into anonymity, a place which has repeatedly become the target for vandals with well 11 REGULAR MEETING JUNE 24, 2013 over one hundred grave markers pushed over and damaged resulting in significantly hurting our rich City’s history; and Whereas, since March, spirited discussions have taken place with regard to developing a collaborative approach and partnerships to making the preservation and maintenance of historic City Cemetery a top priority so that its rich history and the thousands buried there is continued for future generations. It was noted that in 2011, there was a Veterans Day Tour of City Cemetery led by the Resolution Establishing a 5-Year Action Plan for Historic City Cemetery Center for History and that in 2008 the DAR Schuyler Colfax Chapter and volunteers from the DuComb Center raked leaves, trimmed bushes, scraped, primed and painted the rod iron fence which surrounds City Cemetery; and Whereas, the Council recognizes that the City Cemetery Trust Fund # 730 has a modest balance with one item noted in the budget detail that cemetery records have begun to be digitized; yet so much more that needs to be addressed so that City Cemetery can again become a place of peace and learning about the countless number of persons who are buried there, the magnificent tombstones, the veterans section, the potter’s field which provide an opportunity to appreciate and renew our interest in our City’s history, its former residents; and a cemetery uniquely located in a developing urban setting; and Whereas, creative and innovative methods such as those used to renovate and re-dedicate the gravesites of Charles Curtis, who served as a U.S. Vice-President from 1929-1933, and his wife, Anna Baird Curtis, who are buried in Topeka Cemetery in Kansas. The project went from gravesites which “looked terrible and embarrassing” to upgrading cemetery roads, curbing, replacement of flag poles, and upgrading the gravesites to include engraving the Vice- Presidential Seal into the granite headstone and “Son of the Kanza Nation” to honor the Vice- President’s Native American heritage. The first donation received for the cemetery renovation project came from the Potawatomi Nation, which triggered donations from the Sac and Fox Nations, the John Haupt Chapter of the Daughters of the American Revolution, local historians and other interested groups and citizens; with a public celebration and rededication taking place in 2002. , Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council believes that the City of South Bend’s oldest cemetery, City Cemetery, has been neglected for far too long. With the eye-opening experience which took st place at the 1 annual “Schuyler Colfax Day in South Bend, Indiana” in March of this year, the Council sees an opportunity to collaborate together with the City Administration, the Historic Preservation Commission, the Colfax Chapter of the Daughters of the American Revolution, and the many individuals and groups who have expressed an interest in preserving, sustaining and taking positive actions to revitalize City Cemetery. The State of Indiana is known as the “Mother of U.S. Vice-Presidents” - namely Schuyler Colfax, Thomas A. Hendricks, Charles W. Fairbanks, Thomas Marshall and Dan Quayle; The Council believes that South Bend should be a leader in preserving more of our rich history by making City Cemetery another destination point which enriches our present and future by remembering and preserving our past. Section II. The Common Council therefore recommends the establishment of a 5-year Action Plan for the revitalization and preservation of City Cemetery, which shall be overseen and monitored by the Community Relations Committee of the South Bend Common Council. Specific objectives shall include but not be limited to the following: 1.Proposing that such Action Plan reflect and identify goals and objectives, specific action items, timelines, measureable outcomes and potential funding sources which the Common Council in conjunction with the City Administration and interested stakeholders including but not limited to representatives from the Colfax Chapter of the Daughters of the American Revolution, the Historic Preservation Commission, and all other persons and organizations interested in preserving and restoring the City 12 REGULAR MEETING JUNE 24, 2013 Cemetery have had the opportunity to develop which has realistic and sustainable goals for the betterment of the City Cemetery; and 2.Proposing that the City Administration earmark a specific dollar amount from the City Cemetery Trust Fund # 730 for the 2014 calendar year which would be used to leverage donations, contributions and grant opportunities to begin the restoration and preservation of the headstones and markers of Schuyler Colfax and his family so that nd visible and sustaining improvements may begin by the 2 Annual Schuyler Colfax Day in March 2013; and 3.Proposing that the Common Council and the City Administration work together to develop, fund and maintain adequate personnel in the Parks and Recreation Department beginning with the 2014 budget; and 4.Proposing that an immediate reassessment of equipment used to cut grass in City Cemetery be conducted in light of damage to headstones caused reportedly by using large deck lawnmowers and/or large equipment which has not been properly or carefully used and/or supervised; as well as damage caused to headstones reportedly by using the improper nylon trimmer line, with new maintenance standard operating procedures being implemented addressing all of these concerns which would take effect as soon as possible. [See: Page 72, Table Prioritization of Recommendations # 1.14 - # 1.16, et seq. of Preservation Assessment of City Cemetery, South Bend, Indiana] 5.Proposing that priority be given to regularly removing trash from containers; that the use of 55 gallon drums detract from City Cemetery and that more appropriate containers should be considered; that trash should be removed from along the fence surrounding City Cemetery on a more regular basis [See: Page 72, Table Prioritization of Recommendations # 1.23 and Page 75, # 2.15 of Preservation Assessment of City Cemetery, South Bend, Indiana] 6.Proposing a 5-year capital improvement plan for the City Cemetery; and 7.Proposing that all city ordinances regulating conduct and activities in city cemeteries be updated as soon as practicable, in light of the fact that the City Sexton was eliminated; that the Bureau of Cemeteries was consolidated into the Park Department several years ago; and that vandalism is a growing concern at City Cemetery. [See: Page 72, Table Prioritization of Recommendations # 1.23 of Preservation Assessment of City Cemetery, South Bend, Indiana] 8.Proposing that proper regulatory signage be posted. [See: Page 72, Table Prioritization of Recommendations # 1.19 - # 1.20 of Preservation Assessment of City Cemetery, South Bend, Indiana] 9.Proposing that discussions be held as soon as possible between the Police and Park Departments for the purpose of developing multi-faceted policies and procedures to deter vandalism. [See: Page 72, Table Prioritization of Recommendations # 1.18 of Preservation Assessment of City Cemetery, South Bend, Indiana] 10.Proposing that a website be developed, as well as a Facebook page, perhaps similar to the Facebook page started by the “Friends of the Historic Miami City Cemetery” in Miami, Florida, which engages volunteers for “Beautification Days”, Cub Scout and Boy Scout Troop tours and activities, Cemetery Calendar fund-raising, webinars on Landscape Maintenance in Cemeteries, news articles, the erection of Historical Markers depicting the history of that cemetery, along with postings of many historical photographs. Such social media could be aimed at raising awareness to seek out volunteers, donations, create new partnerships with businesses and organizations so that they all have the opportunity to get involved on the City Cemetery Restoration Project; and 13 REGULAR MEETING JUNE 24, 2013 11.Proposing that all of the recommendations set forth in the copyrighted publication entitled Preservation Assessment of City Cemetery, South Bend, Indiana, a copy of which is on file in the Office of the City Clerk, be reviewed and prioritized with regard to the feasibility of their implementation pursuant to a realistic timetable; 12.Proposing that any and all potential groups and associations be contacted such as the National Trust for Historic Preservation who publish a Field Guide to Local Preservationists, a copy of which is on file in the Office of the City Clerk; so that a multi-faceted and community-based approaches are developed which capture the st renewed energy and excitement which was on display this year at the 1 Annual “Schuyler Colfax Day in South Bend, Indiana”. Section III . The undersigned members of the Common Council believe that our City’s history and our first and oldest cemetery, City Cemetery, should be creatively and proudly preserved into perpetuity Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 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 st Attest: Approved this 25 day of May, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Oliver Davis, Chairperson, Community Relations Committee, advised that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember Oliver Davis made the presentation for this bill. He advised that on January 14, 2013 the South Bend Common Council unanimously adopted Resolution No. 4226-13 which created and annual day of celebration entitled the “Schuyler Colfax Day in South Bend, Indiana” st He noted that the 1 “Schuyler Colfax Day” was held on Saturday, March 23, 2013, with many residents, organizations from not only South Bend but other communities participating. He stated that for those attending it became readily apparent that the City has been neglecting the care and maintenance of the City Cemetery. He stated that since then he has had the opportunity to meet with many individuals. In particular members of the Colfax Chapter of the Daughters of the American Revolution who are very interested in collaborating together to restore this historic site to the condition and prominence which it deserves. Additionally, an excellent “blueprint” has already been prepared, thanks, to the foresight of the Historic Preservation Commission of South Bend when they commissioned the Chicora Foundation, Inc., to prepare the Preservation Assessment of City Cemetery, South Bend, Indiana publication. Councilmember Davis stated that this Resolution calls for the establishment of a 5-year Action Plan which hopes to capture the energy of many to creatively and positively make the restoration of City Cemetery a priority. He asked the Council to adopt this Resolution unanimously. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill: Alicia Feasel, Historic Preservation Commission, 125 S. Lafayette Blvd., South Bend, Indiana Jonathan Beals, 1862 N. Adams, South Bend, Indiana Carol Nichols, Elkhart, Indiana 14 REGULAR MEETING JUNE 24, 2013 They all agreed that this bill is long overdue and will enable the city to repair and set upright more than 100 toppled headstones, remove dead trees and tree limbs threatening to further damage stories and remove the many overgrown bushes that engulf headstones. They hoped that this bill would allow for the city to apply for grants to repair Vice President Schuyler Colfax’s monument, plus replace old worn and illegible headstones. There was no one present wishing to speak in opposition to this Resolution. Councilmember Dr. David Varner made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 13-41 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5405 ROYAL STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC BILL NO. 13-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS – SECTION 2, 2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323, 2331, 2339, 2405, 2413, 2421, 2509, 2517 BASIN STREET, 2440 BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC Councilmember Scott made a motion to continue Bill Nos. 13-41 and 13-42 until the July 8, 2013 meeting of the Council at the request of the petitioner. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. ORDINANCE NO. 4264-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013-2017 WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing emergency medical services to its residents; and WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and believes that such services can be provided by the City of South Bend; and WHEREAS, Indiana Code §§36-1-7-1 et seq., as amended from time-to-time (“Interlocal Cooperation Act”), authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such unites severally; and 15 REGULAR MEETING JUNE 24, 2013 WHEREAS, commencing in December 1997, the City of South bend has provided emergency medical services for St. Joseph County under an Interlocal Agreement, and the parties wish to continue that relationship and WHEREAS, Common Council adopted Resolution 4220-12 on November 12, 2012, ratifying a Five Year Interlocal Agreement By and Between the City of South Bend, Indiana and St. Joseph County Indiana for EMS Services During the Calendar Years 2013-2017. WHEREAS, it is necessary and desirable to clarify the coverage area and to correct certain typographical errors contained in the agreement ratified November 12, 2012. WHEREAS, the Executives of both the City of South Bend and St. Joseph County have reached an agreement on this payment and have approved a revised Five Year Interlocal Agreement By and Between the City of South Bend, Indiana and St. Joseph County, Indiana for EMS Services During Calendar Years 2013-2107 which is attached hereto and incorporated herein as Exhibit “A.” NOW, THEREFORE AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER INDIANA CODE §36-1-7, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section 1. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies, confirms and approves the Five Year Interlocal Agreement By and Between the City of South Bend, Indiana and St. Joseph County, Indiana for EMS Services During Calendar Years 2013-2017 attached to this Resolution as Exhibit “A.” Section 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember White, Chairperson, Health & Public Safety Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Stephen Cox, Fire Chief, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that this bill would approve the five (5) year interlocal agreement with St. Joseph County to provide ambulance service for those portions of St. Joseph County which do not otherwise have ambulance service available. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak in favor or in opposition to this Resolution. Councilmember Dr. David Varner made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO.30-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: STREETS AND ALLEYS IN THE AREA BOUNDED BY SAMPLE STREET, HIGH STREET AND THE RAILROAD TRACKS 16 REGULAR MEETING JUNE 24, 2013 This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on July 8, 2013. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis advised that he is filing a lawsuit within the next 48 hours asking for an investigation on why his civil rights were violated when he and his father were stopped by the South Bend Police Department after leaving a Council meeting. Councilmember Oliver Davis advised that he will be sending to all Council Members an update on Vote Centers. PRIVILEGE OF THE FLOOR th Cecil Eastman, Controller’s Office, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, asked the Council to speak into their microphones so that the audience can hear what is being said. Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he is filing a Privilege of the Floor form to ask the Council to look into bids that were awarded to a contractor who is doing shabby work patching sections of streets in South Bend. He stated that the company is owned by former Street Department Director Sam Hensley’s son and son-in-law. He asked the Council to review the video that he is filing along with his Privilege of the Floor form and to review the Public Works Department minutes to see that that they were awarded millions of dollar in contracts to perform this work. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, stated that he still has not seen any legislation on Mopeds. He stated that adults as well as children are getting hurt everyday riding mopeds. He urged the Council to work together with the administration to get some safety legislation passed. Sam Brown, 415 LaSalle, South Bend, Indiana, stated that he is representing Citizens United for a Better Government (CUBG), stated that he is not going to be bullied by Police or the City Administration. Oliver Jackson, 317 Indiana, South Bend, Indiana, stated that he is the founder of the Anti- Bullying Campaign. He stated that he has partnered with MTV to bring this campaign to fruition. He stated that the Police Department and the City Administration have been bullying citizens and that it has to stop. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:11 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Oliver J. Davis, Vice- President 17