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HomeMy WebLinkAbout02-24-14 Common Council Meeting MinutesREGULAR MEETING FEBRUARY 24, 2014 Disclaimer: Undergoing technology updates experienced some loss of video & audio recording for dictation. 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, February 24, 2014 at 7:00 p.m. The meeting was called to order by Council President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott I District Henry Davis, Jr. 2n District Valerie Schey 3` District, (Chairperson Committee of the Whole) Dr. Fred Ferlic 4' District Dr. David Varner 5 th District Oliver J. Davis 6` District, (President) Derek Dieter At- Large, (Vice President) Gavin Ferlic At -Large Karen L. White At- Large, OTHERS PRESENT: Kathleen Cekanski- Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember White made a motion that the minutes of the February 10, 2014, meeting of the Council be accepted and placed on file. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Oliver Davis announced that the Council still has an opening on the Historic Preservation Commission. He also announced that there are three (3) openings on the Urban Enterprise Association. Applications can be obtained on the Council's website or in the Office of the City Clerk. All applications must be filed in the Office of the City Clerk by Friday, March 9, 2014. BILL NO. 14 -14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING DEREK D. DIETER, WHO PROUDLY WORE PIN #323, FOR HIS 39 YEARS OF EXEMPLARY SERVICE ON THE SOUTH BEND POLICE DEPARTMENT REGULAR MEETING RESOLUTTONNO. 4322 -14 FEBRUARY 24, 2014 J A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING DEREK D. DIETER, WHO PROUDLY WORE PIN # 323, FOR HIS 39 YEA OF EXEMPLARY SERVICE ON THE SOUTH BEND POLIC D EPARTMENT CVh" the Common Council recognizes that on December 22,1975, a St. Joseph High School graduate, Derek David Dieter, applied to be considered for the South Bend Police Department Cadet Program. Derek attended Holy Cross Junior College and earned his AS in Criminal Justice at IU South Bend before entering the Indiana Law Enforcement Academy in the Fall of 1977; and the Common Council notes that on 10' day of January, 1978, Derek David Dieter was officially sworn in as a member of the South Bend Police Department and was assigned PIN # 323, which was his number until the 8" day of February, 2014, when he retired with distinction as a sworn police officer — having made thousands of arrests, vehicle stops, participated in dozens of car chases, foot pursuits, and was involved in five shootouts — all being true acts of police valor; and *" Officer Dieter's personnel file is overflowing with accolades and awards, including 165 tenets of commendation for outstanding & heroic police work, 30 letters of citizen recognition, 7 letters of Congressional recognition, 3 letters of Mayoral recognition, and 2 letters of recognition from the St. Joseph County Prosecutor, and other high honors such as: 2008 SBPD Award for Community Oriented Policing Partnership for neighborhood crime prevention 2005 SBPD Award for Community Problem Solving for combating crime, enforcing traffic laws and city ordinances 2003 SWAT Team Leader Award ' 2001 St. Joseph High School's `Brother James Linscou, C.S.C." Award for commitment to God and our community 1999 Ameritech's National Hero Award for work in Crime Prevention 1999 South Bard Red Ribbon Aware for Community Service by the Charles Martin Center 1998 Police Officer of the Year for Exemplary Services Award by the American Legion Post 50 1998 Runner Up for the for the American Legion Police Officer of the Year for the State of Indiana 1997 NAHRO Award for innovation of Resident Services — IMP A[A Athletic Program 1996 National Award for `Soccer Stan' awarded by Secretary of HUD the Honorable Henry Cisneros 1996 NAHRO Award for Innovation of Resident Services— Youth Engagement 1995 National Youth Spurts Program, NYSP at Notre Dame, Leader for soccer and football 1994 National Youth Sports Program, NYSPat Notre, Dome, Mentor and Athletics 1994 Inducted into the American Red Cross Hall of Fame 1989 Police Officer of the Year by the South Bend Exchange Club 1993 Drug Enforcement Administration IDEA) National Award for work in the field of drug enforcement ryfi" Derek served 20 years on the SBPD SWAT Team, including 10 years as a Team Leader. He participated in over 350 SWAT calls, many involving high -risk rescues, apprehensions of violent suspects & gun battles. He trained hundreds of area officers for 20 years in SWAT Survival School. Derek won several All -State honors for FOP softball & awards for weightlifting, including a 2u place World finish and a Silver Medal in the 2001 World Police and Fire Games. Derek became the "face of the community policing" for his work with at -risk and disadvantage youth; was the founder of the IMPALA Program at the SB Housing Authority which focused on Implementing Maturity Positively Athleticism Leadership & Attitude and won several state and federal awards. He coached over 800 games of soccer, football & baseball while teaching youth to "take ownership, responsibility & pride" through learning discipline, fife skills, confidence and manners. Derek also coached football at John Adams High School. d Derek started a book program which promotes positive relationships with police, promotes literacy & gives youth responsibility which he will continue in retirement in conjunction with Better World Books, KROC Center & the SB Silverhawks. Derek is known for "...tieing a coach, mentor, and friend who encourages young people to lead positive and productive lives ". 1111111111 Section I . On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly and proudly congratulates DEREK D. DIETER for being an exemplary role model on the South Bend Police Department for the past 39 years ofdedicated service, where he was a most valuable asset to the police department and our great City. Section IL The South Bend Common Council wishes Derek, his wife, Suzy, and his children Jessica, Lindsay, Nolan, Gehrig, and Thurman the very best in the years ahead, as he continues to positively and creatively contribute to the best interest of the City of South Bend through his fireless passion to work in and for the community, his mfectioussn ile and his sense of humor. This Resolution shall be in full force & effect from & by tKgokrttcil & approval by the Mayor. At Council Attorney REGULAR MEETING FEBRUARY 24, 2014 Councilmember Schey presented Councilmember Dieter with gift from the South Bend Common Council for service to the City of South Bend, Indiana. Presenter (Councilmember Schey) — Councilmember Schey reads the resolution in its entirety Councilmember Dieter- Shares a slide show of his past accomplishments as an Officer on the South Bend Police Department. Mayor Pete Buttigieg- Commended Councilmember Dieter the Yankee fan with a Key to the City, South Bend's highest honor. Resident, (in- audible) Derek was well received in all communities across the city. The reason he was commitment to young people. If I were looking for one person in law enforcement that I could trust, it would be Derek Dieter. Resident, Damien Dieter (Brother of Councilmember Dieter) - Dieter comes from a family with military history. I was impressed with how he picked a goal and went for it. Derek's love of 1970 television made him want to become a police officer. First we saw driving a Harley, then undercover, then he was on the SWAT Team we were all impressed. Dieter got me to be an actor in a SWAT TEAM exercise and Congressman Tim Roemer was there. (In- audible) Good Work. Resident, of 52080 Barrington Place- Dieter had a 165 letters of recommendation. Happiness is the consequence of personal effort. Derek I'm proud to call you a friend. Resident, of 508 E South St. - Congratulations on your retirement. Thank you for long years of service. Good luck with you and your family. Anyone who can remain in employed with the same employer for 39 years requires loyalty and respect. Thank you on behalf of the Monroe Park neighborhood. Because of Derek we had a safer and clean neighborhood. Chickens are legal and that showed us how to open up conversations in neighborhood and that is thanks to you. For your "Knocks and Talks" and the block parties thank you. Resident, of 51736 Wexford Dr. - I am a volunteer coach of area youth sports program. Behalf of myself, family, and 700 children and volunteers of Eastside Baseball we thank you for your 39 years of service to community. Former Council President Tim Rouse- I met Derek when we were both serving on the South Bend Common Council. First time we had a little conflict but we got it squared away. Derek is a special person in the community when comes to serving our youth. With regard to your 39 years of service it is important to document it because you didn't document it, it didn't happen. We want to encourage him to start writing a book. Derek is one of the good things about South Bend. Resident of 602 S Cushing St. — I met him back when I was working in Tim Roamer's Office. After working with you I know that you've been disappointed and happy with the youth you served. On behalf of the South Bend School Corporation and the countless we say thank you for your years of service. We also thank you for the work you will do during retirement. Resident (Dieter's former partner) - Some of the thing you would have had to see it for yourself. The kids just kept coming up and Derek just kept giving them hugs and calling them by their first names and how their families and academics were going. I recall Derek sitting on an old woman's porch just listening to her tell her story for hours. Resident, of 11969 Tyler Road- I ran a program called "There are Children Here" Derek asked to bring some kids from city housing to those camps. You can tell when someone loves the kids and he loved the kids. He worked on their strengths. Derek also asked me to be a part of the SWAT Team practice. This is guy has been a good friend and I am proud to be here and say thank you. REGULAR MEETING FEBRUARY 24, 2014 Resident of 513313 Sorrel Ct (Kroc Center Headmaster)- I met him in 2009 when the council first considered the Kroc Center project. He has in heart for this community and young people. He can also share that same enthusiasm. He puts his money where his mouth and he knows everybody by their first name. I am also a Chaplain for the South Bend Police Department and on his second to last day I got to do a ride along with him and listen to his passion for the city. Thank you for your life's accomplishments, God Bless you. Resident, of 1005 Maplewood Dr. - Derek has a book program and takes book for the Kroc and Better World Books and gives them to the community kids and offers gifts for book reports. Resident, of 707 Sherman Ave - It is honor to speak on behalf of the Northwest end of town where you grew up and spent most of your time. You served 39 years and we are grateful and thankful for the 39 years that you have served in this community. We wish you well as you retire and go on to bigger and better things. Resident, of 602 St. Joseph St. - I have known Derek for over 30 years, first as an organizer for the NNW neighborhood association. Derek has always had a concern for families. Back in the late 80s and early 90s Derek was a friend and an ally. We continue to support him because he continues support important family issues. This is the type of police we want to have served South Bend. Resident, of 222 E LaSalle St. — Dieter put his heart into the community. I heard a lot of things tonight but it is something when thugs walk up and say that's Dieter. One thing about Dieter you are firm and you going to get a fair break. On behalf of Citizens United we have an award. Ms. Brown read the inscription. Resident, of 313 S. Brookfield- He was my angel. My son was two month old and we didn't have a place to live and he took us to his house. Befriended me without any questions, he took me in and showed me a new way of life. Resident, of (Inaudible) — All these kids talk about Derek Dieter. I finally met him at Sunrise Cafe. I get home and find out that my kids even know Derek Dieter. I was running out of money to do some of things I wanted to do and Derek knew some of the people with money so we partnered. I saw him out of his car not in it. The fact that he knew the kids and they knew was commendable and respectable. When I told me kids that I was speaking on his behalf they all said, "He gave me a book." That's a good to have a legacy, something people will remember you by." Resident, of 23812 Natureview Dr. -I been a street cop in South Bend for 30 years. Derek has been a part of that life since my first hour. Together Derek and I have served 1000s of roll calls, fights, arrests, and wrecks. Dieter know all the entries and is proficient at them all. We are the least bias people on the city's payroll. We rush into harm's way as calls come in. Derek's durability is part of his resume. Derek's roles can't be filled by just adding another cop. Derek was a one of a kind. Dieter is a of hall famer who played his entire career in one city. Resident, of 25622 Fox Den Trail- I am representing two groups: Washington High School Parent Group you dedication will not be forgotten both you and your wife Susie. Especially with those students are sometime misrepresented. You're a trailblazer. You're color blind you never put color first. If there is anything I can do for you please let me know. Over the summer at our NASA camps you said you had books for our students. Now, that I know you are retired I am going to have you be one of our facilitators. Thank you and continue to be who you are. Resident, of 1137 County Place- Just wanted to say thank you. Thank you for protecting our community for 39 years. When he asked me to speak I said yes forgetting about my fear of public speaking. I was stopped for a safety check and I was due to have my son any day and I joked that as I looked for my registration he was making me smash my baby. Some people let their badges go to their heads but not Derek. This was the beginning of a great friendship. It's very rare that in our community minorities can become friends with officers. I raised, by grandparents, to believe you have to give respect to get it. Thank you for all you've been and continue to be. His attitude has always been very encouraging. No matter where I've been REGULAR MEETING FEBRUARY 24, 2014 throughout the years I've been able to pick up the phone and call him. I always been able to count on Derek to give me good advice and what's right for my situation. I am happy for his decision to retire. I wish that more people had a chance to come in contact with him. All employers need a person just like you. Best wishes in your retirement. Resident, of 1501 N Huey- Derek is role model, he was my hero. I lost my Dad when I was 8 years old. It was very hard for me. He taught me how to play sports. Now I'm a MMA fighter, that all been all my life, fighting. He gave me goals and values to look up to. Without him I don't know where I would have ended up. I see a little bit him me when I help out area kids. In 17 years he never forgot about me. I am one of the lives he has changed in this community. I have to go work but I had to come here and let you know I love you for everything that you did for me. Resident, of 11951 Burbank — I grew up on Bowman St, South Bend has always been one of the most magical places I have ever been around the world. I am very proud to call it my own. My favorite place is Howard Park, I lost a lot of teeth, gave some blood, it's my favorite place I love South Bend. Think of old cops like Jim Switzer and what they did and needed to be in my life. I am not concerned traffic tickets, arrest, I am happy you were a conduit in the community. You helped young people become better men. I met him a millhouse fundraiser for the hall of fame. After knowing him for the last 10 -12 year, I learned what he says is exactly what's going to happen. I want to thank you on behalf of everyone I know in this city. I think your next chapter will be better than your first. Thank you for your service. Resident, of 334 W 7' St. — I want to honor a great American and city servant but then I heard Fred Ferlic isn't going to retire. I guess I will say something nice about my good friend Derek Dieter. I have known him as friend, as a Dad, as an office, as a coach, and as a councilman. I remember when Derek asked a kid in the hall if he'd been in the weight room this week and he proudly responded twice. Derek was the only one in that kid's life to ask him if he'd done his workouts. During summer works, just after a young man had been stabbed, there were 66 young men there to stay off the streets and do something positive. Derek told the fellas go find the young man's who had been stabbed brother and get him in here and off the streets. Derek always had passion. Too many complain about the darkness not many are lighting candles. Behind every good man is a good woman who couldn't be more surprised. Susie should be congratulated tonight as well. Resident, of 18483 Brussel Dr. - I am pleased to add my voice to the praise of Derek Dieter as a police officer over the years. Congratulation. Thank you for serving and protecting. Resident, of 325 N Studebaker- Thank you for your exceptional dedication to the C.O.P.E. with House Authority. Where retired police officer patrol Housing Authority Properties. The requirement was officers had to be able to interact well on the one on one basis. Initiative to eliminate illegal drugs and crimes in the housing authority areas. Derek commitment the residents and young people changed many lives. At an event for the C.O.P.E. at the Kroc Center we highlight young people who got involved as kids and become role model as adults. The young men spoke about Dieter's effect on their lives. When I went to Cove stadium I notice Derek there with another South Bend Housing Authority youth right by his side. During the conversation I learned about Derek commitment to the young man is his family. Something never change I noticed you were asking this kids the same questions you were asking kids 25 years ago: are you listening to your mom, did you do your homework, and what type of grades are you getting? His is impact on young people Today is as strong as it was 25 years ago. Commend on all of your years of service and congratulate you on your retirement. Resident, of 211 S. Michigan St. — Thank you from me to you. Thank you for being an example of service. Sometimes we get blogged down in what separates us from one another. Too often we forget attributes like integrity do not require a person to do everything that you like. Don't need to love soldier's decision. I understand now there are choices that will not make everyone happy. That does not mean there isn't work to be done. I believe Derek get it's done. See work that needed to be done and he put his best foot forward to get it done. So please join me in applauding a man willing to do the work. REGULAR MEETING FEBRUARY 24, 2014 Resident, of 1730 Broadway - Thank you for waking me up when I was younger when I didn't want to get up for sports. I appreciate all that. Just want you know I teamed from that mistake. (Inaudible) Everything I have grown to do I want to thank you for that. Resident, of 3002 Bond Ave. — My son Blair was one of the Dieter's friends. They loved the Dieter boys. Years later I saw him speaking with Mr. Anthony Scott in the neighborhood. He asked me if I had kids and if my kids liked to read. My son rather that I paid for him to get in the Kroc instead of reading books to get passes to the Kroc. One day the kids showed up with books and badges and I went outside and Dieter was giving them out. He's defmitety a big part of South Bend. I am glad I got to meet you and I hope we can do some more book programs together. You got me in trouble for handing out all those books at work. I am happy you're going to applying to be a greeter at Walmart Soon. Enjoy your retirement. Resident, of 630 Fairview- I met Dieter when I moved back from Oklahoma. He just started the program at South Bend Housing Authority. He was picking up my nephews and they were playing soccer. I had a daughter who wanted to play and Dieter went out of his way to come and pick my daughter up on Fairview and let her be a part of that program. I just wanted to say thank you. Dieter always found a way for my kids to participate. He always had my sons' back even when they weren't doing the right thing. I have nephew who is locked and Dieter asks about and says when he gets out tell him to come see me. Dieter always stops by my Dad's house on Indiana. Just to check on them and ask how they're doing. He is one of the few besides John Collins and Butch who come and just ask what's going on in the neighborhood. Thank you checking on my Dad. Resident, of 923 Indiana- I been at that address for so long because I was looking for a place to settle with my family. Last place I stop was Miami, the crime was so high and bike was riding around on bikes I was like get me out of here. I stopped in North Liberty for a while and then I moved here. I was raised in Mississippi. I went a meeting the church and the chief of police was there. You understand about police office when I tell you where I'm from. I wave when they pass they turn their heads. We talking about types of cops. The kind I want is the kind that respects my neighborhood. He's a man that's what I like. So many people come to my house because I have lived there so long and I never heard a bad thing about him. Resident, of 606 S. Falcon - That gentleman said he never heard any bad things about Dieter, I did. We are Mexican and our culture loves soccer. But then you when you find out there's this guy that wants to come pick you up to be on his team and he is white. I thought this white doesn't know anything about Soccer and by the end of the first couple games I realized you didn't know that much about soccer. It gave us opportunities to play on Saturday morning. I don't know why he did but I am thankful and I wish you all this best in retirement. Resident, of 52606 Highland Dr. — I privileged to be touched by the service he's done. I grew up in a single parent household. Dieter opened my path and changed my life. I grateful to know Dieter. Thank you from the bottom of my heart. Resident, of 701 W Sample- I didn't want to say goodbye. One of those shoot outs it was me and him. When he was there I never look over my shoulder to see if somebody was watching my back. I hate to say good bye but it's been a pleasure. Resident, of 2915 Erskine Blvd. - He also involved in Honor Flights to take World War II veteran to see the war memorial. Dieter pulled up with Joe and said he wanted to talk to me for a minute. He wanted me to get involve because the money it takes to do this work. He got me involved and got me a couple tickets to the ball game this summer. When they pulled and then left my neighbors called asking what type of trouble are you into now? It really has been a delight to know Derek. I hope you have great time during retirement. Councitmember Dieter- I met him and he was doing Honor Flights. He actually landed on Normandy Beach. Resident, of 724 N Francis- I'm the Washington High School Wrestling Coach. Former LaSalle Wrestling coach. Coach all three of Derek boys, he brought the entire shorts and tee shirt for the REGULAR MEETING FEBRUARY 24, 2014 season then thanked me for what I did for his sons. I may not be able to top what you've done but as long as I am on the list I know I have done right. Thank you for your service to the city. Resident, of 929 N. Oliver St. — (inaudible) I played varsity soccer for four years. He did a lot for us and our community. Thank you. Resident, of 25125 Pin Oak Dr. - I didn't know you were that good of a cop. I think its good idea for him to write a book. However, something you just can't put in print. I stand on behalf of myself and my brother Norvel. There are some bad things that my brother taught Derek that you will never know. He taught him a lot of good stuff also. That is how he turned out to be as good as he is. I love him as much as a man can love another man and still be a man. God bless you. Resident, of— Resident read an entertaining email between himself and Derek Dieter. Enjoy your retirement. Resident (Jeff Rea President of Chamber of Commerce) - On behalf the business owners thank you for keeping our businesses safe. Thank you to Derek for welcoming me and helping learn about all the good things happening over here in South Bend. I got to know Derek after the deaths of several police officers and he one the best characters and I really appreciate his great service during that difficult time. Thank you Derek. Resident, of 1207 Sunnymede- 20 years ago, when the World Cup was coming to the US we everything very uniform. And Derek came with these kids' tee shirt and tennis shoes and it was great because they had heart and drive. My friend told Matt it's about time you had some real soccer in there. He wasn't talking about skill level he was talking about the drive these kids had. I don't know how the housing authority got him to do it but I know Derek offered them an incredible opportunity. He taught me you have given kids who don't a have an opportunity. Resident, of 913 Diamond Ave. — We've known each other for 50 years. Young kids in this community got to see I different way of life because of him. He wasn't always right about these but God bless his good heart. He is a competitor. You won't find someone who their job at the Police Department more serious. (Inaudible). Resident, of 51788 (inaudible (Derek's Daughter Jessica) - The things my Dad has done and taught me help me every single day of my life. He'd give me shirt off his back but he'd call a press conference to announce it first. Remember when I was kid and I would hear a pager go off for SWAT calls and praying. I remember hearing the door creak open and him getting one last look at me. I remember when he taught me it's better to light one tall candle than to live in total darkness. Thank you Derek. Resident, of (inaudible) Resident, of 1107 Harrison Ave. — He must have been up all night calling everybody. Thank you. Resident, of (inaudible) - Going up with a cop for a dad had many perks. Breakfast consisted of donuts and Yahoo. (inaudible) I got to meet a diverse group of people from the South Bend Housing Authority. I learned many things from my Father. I learn what it means to work hard and show dedication. I learned to work hard and support them even if you don't always agree with their actions. I learned I cannot break my ankle and continue to play softball even if my Dad thought I could just run it off. I also learned that no matter what I everyone will not like me. He is called many thing including a police officer and city councilmen but I just call him Dad and I couldn't be more proud. Councilmember Dieter - Thank you to all who came up and spoke tonight. Mom for coming up from Florida tonight. If there is any good that came from my parents it is the way I was raised. When you were punished spank and you learned you lesson. All the discipline they showed me hopefully I pass it on to my children. I thank my wife Susie for raising my 3 sons and the older daughters. I think the most important thing that you can do in life is be a good parent. During a soccer game one of our kids went to the bathroom on himself because he knew when he went REGULAR MEETING FEBRUARY 24, 2014 home because his sister and mother told some gang members that he had found one of the guns used in a homicide and he turned it over to the police. One the kids in photo came over to the house and needed a job I gave him 20 buck but he never repaid me because he was dead. A week later his brother called me and said wanted to commit suicide. The reason was they'd been molested by their Father on many different occasions. There are other stories like this one. A mother who comes in asks her son about his game, kisses, shoots him, then shoots herself but he didn't die. God is first, my friends and family are second, and I am third. BILL NO. 14 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE DEREK D. DIETER FOR DILIGENTLY SERVING AS COUNCIL PRESIDENT FROM 2009 THROUGH 2013 REGULAR MEETING FEBRUARY 24, 2014 RESOLUTION NO. 3 23 - I . A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE DEREK D. DIETER FOR DILIGENTLY SERVING AS COUNCIL PRESIDENT FROM 2009 THROUGH 2013 the South Bend Common Council notes that Council Member Derek D. Dieter was elected to serve on the Council in 2003 to represent the citizens of the 1" Councilmanic District; and in 2008, Council Member Dieter was elected by the Council Members to serve as Chairperson of the Committee of the Whole; and during his tenure has sponsored many significant ke slatiyc i l tlatlVCS; and 9X" in 2009, Council Member Dieter was first elected Council President and was re-elected Council President at each of the Council's Organizational Meetings in 2010, 2011, 2012 and 2013 - -- making him the longest serving Council President in recent history of the City of South Bend, Indiana; and under Council Member Dieter's leadership as Council President, he has worked with the Council Members, the City Administration and the Office of the City Clerk to promote upgrades to various needed technology equipment in both the Council Chambers and Council Informal Meeting Room; and Vma, Council Member Dieter sponsored many legislative initiatives including but not limited to the anti -loud noise ordinance regulations, the stun gun ordinance regulations, co- sponsored the Minority and Women Business Enterprise Diversity Development Program ordinance regulations; co- sponsored public safety moped ordinance regulations —just to highlight a few; and Council President Dieter worked hard to be elected as a Council Member at Large in 2011 and dedicated his energies to make sure that 2012 would be a smooth transition year between the outgoing Common Council and the new Common Council. On January 1, 2012, four (4) new Council Members began their public service to the City of South Bend in the l District, the 3' District, the 4 16 District and one (1) Council Member at Large. President Dieter hosted informational get - togethers and many meetings with each reflecting his vigor and enthusiasm to be an effective & action- oriented public servant. He stressed that Council protocols & regulations be studied, updated & followed in order to better serve all of the citizens of South Bend. Section 1 . On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly thanks and commends Council Member at Large Derek D. Dieter, as the longest serving Council President in recent history of the City of South Bend, Indiana, with his 5 years of dedicated leadership. Section II. The South Bend Common Council recognizes and publicly honors Council Member at Large Derek D. Dieter, who has provided innovative direction and vision as Council President from 2009 through 2013, often during difficult and challenging times. Under Council President Dieter's leadership many significant public safety regulations have been implemented for the greater good of our community; he championed many improved Council protocols; and a greater awareness of the roles and duties of legislative branch of local government has been awakened in order to carry out the Common Council's Mission Statement: "To make certain that our City Government is always responsive residents and that the betterment of South Bend is always ourA Section 111. This Resolution shall be in full force and appr6val by. e Mayor. Tim Scott, l" District its by the Council Davin Jr., 2 /D rstri t v Valerie Schey, 3` District Dr,.FredF a is c riet r'I)avid Vamer, 5 D At Large L. White, At Large -6G ' -' ` - Kathleen Cekanski Farrand, Council Attorney REGULAR MEETING FEBRUARY 24, 2014 Council President Oliver Davis asked that both Resolutions 14 -14 and 14 -02 be voted on together. Council President Oliver Davis reads Resolution 14 -02 aloud. Statements from the Council Councilmember Scott- I want thank you for your leadership and guidance. Following you in the 1st District allows me to understand what is expected. Thank you. Councilmember Henry Davis - The amount of time it took to say thank you to you shows the amount of time you spent and your commitment to the community. Thank you to you and your family. I look forward to serving with you and your family. Dr. Ferlic- I have tremendous respect for police officers, I think they are a vital part to any community that wants to grow. Thank you. Councilmember Schey- Listening to everyone who came up tonight says it all. Thank you very much for all you've done. Dr. Varner- within 5 minutes of meeting Derek I realized he had boundless energy. Boundless empathy for the people he deals with. I have known many police officers and most of them spoke highly of Derek. It's been get to have Derek to working on the council with me. One the main points about this that has occurred to me he is a gentleman who is absolutely color blind. He deals with people as people. If he's not remembered for anything else it should be that. During this time and in this community that's important. Congratulations and we'll have some other words later. Councilmember Gavin Ferlic- Thank you for your service to South Bend. Councilmember White- I don't know where to begin. I have shared an office with him. I never said he was sexy. I thank you for your ability to touch the lives of individuals in our community. Especially the children and now the young adults are coming and sharing those stories of how you touched their lives. You are reminder that it can be done. I look forward to working with you. He has a sense of humor that is beyond words. I look forward to working with you over the next two years as well. Councilmember Valerie Schey- Thank you for putting yourself in harm's way. Dr. Varner made a motion for the adoption of resolutions 14 -14 and 14 -02. Seconded by Councilmember Scott. Motions were carried by vote of (8) eight ayes. BILL NO. 14 -10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE FIRST TWO WEEKS IN FEBRUARY 2014 AS NATIONAL SCHOOL COUNSELING WEEKS IN SOUTH BEND, INDIANA WITH THIS YEAR'S THEME BEING SCHOOL COUNSELING: BUILDING MAGICAL FUTURES Document Not Available BILL NO. 14 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE KAREN L. WHITE FOR DILIGENTLY SERVING AS CHAIRPERSON OF THE COMMITTEE OF THE WHOLE IN 2012 AND 2013 Document Not Available Councilmember Henry Davis Jr. made a motion to table /continue Resolutions 14 -01 and 14 -10. Seconded by Councilmember Varner. Carried by a vote of (8) eight ayes. REGULAR MEETING REPORTS OF CITY OFFICES FEBRUARY 24, 2014 ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS, THE MAYOR IS IN ATTENDENCE AS WELL. There were no reports from City Offices at this time. City Clerk, John Voorde- Swore in (4) members of Council Standing Committees RESOLVE INTO THE COMMITTEE OF THE WHOLE At 9:20 p.m. Councilmember Tim Scott made a motion to resolve into the Committee of the Whole. Councilmember Dr. Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Schey, Chairperson, presiding. Councilmember Schey, 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 Schey stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 04 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CFFY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 ARTICLE 2, SECTION, 17- 27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON Councilmember Varner advised that Utilities Committee met today and sent the Bill over with a favorable recommendation. Presenter Eric Horvath (13' Floor inaudible) - The rate of .06 was set in 2004, the rates have increased for all of other users it should be also be increased for the city as well. Chairman Schey offered the floor those wanting speak in favor or against seeing none. Councilmember White made a motion send this bill to the council with a favorable recommendation. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 05 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT Chairman Schey advised that as Chairman Personnel and Finance, Public Works and Property Vacation met today in a joint committee meeting and sent the Bill over with a favorable recommendation. REGULAR MEETING FEBRUARY 24, 2014 Presenter, Eric Horvath (13th Floor inaudible) — This is an agreement between the City of South Bend and City of City of South Bend Public Transportation Corporation. This is to build a fast - fill compressed natural gas facility. These funds are a part of a match for the grant funds the City of South Bend Public Transportation Corporation have secured. Cost is expected to be a little over $1.9 million dollars. There are not a lot natural gas stations around. The solid waste trucks are slow fill. If they filling all night they are 2/3 full which plenty for what they need to do. This (the fast -fill station) will allow us move much more aggressively towards converting our fleet to natural gas. After 5 years we start to see those savings coming back to the city. There is also a profit sharing agreement between the City of South Bend and Septic Department being negotiated. CNG vehicles burn much cleaner. Councilmember Dieter- I am concerned about police vehicles. Is there any performance downgrading? Presenter - They are currently test driving a vehicle. We looking into a couple of options. One of the issues that they are concerned about is (inaudible) in normal operations we will be operating at 90% CNG and 10% gasoline. Councilmember Dieter- Who test drove it. Was it police men during the shift? Presenter Horvath- I don't know. Councilmember Dieter- I talking about somebody going fast -- to see if everything works. Presenter- I am not sure. Councilmember H. Davis - Thank for furthering along a resolution that was passed a while back. Cost savings, making sure dollars are reinvested in cars and other projects instead of general fund or raises. I looked forward to other conversation about where we can use those dollars. Maybe the savings goes to a park fund or a place that needs development. I know there is going to be a savings and we need to pay attention to where the dollars go. Presenter/Horvath- We will track the saving through our energy program and report back what those savings are. (Inaudible) Mileage, miles per gallon, they are miles in gas saving they are saving. Chairman Schey offered the floor those wanting speak in favor Resident, of 119 S. 26 St. — As an environmentalist it is exciting knowing the natural gas is domestic. 1401 S Lafayette Blvd. (General Manager of Transpo) - As we fact dwindling tax dollars this is great way to increase revenue. With gas savings but also with the profits from the CNG station. This is great partnership between Transpo and City of South. No one wishing to speak in opposition: Councilmember H. Davis made a motion send this bill to the council with a favorable recommendation. Councilmember Dieter seconded the motion which carried by a voice vote of nine (S) ayes. BILL NO. 06 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (NO. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF THE POSITIONS AND WAGE RATES REGULAR MEETING FEBRUARY 24, 2014 Chairman Schey advised that Personnel and Finance Committee met earlier today and sent the Bill over with a favorable recommendation. Presenter (John Murphy City Controller) offices on the 12t Fl. — Part of the October negotiation was the Teamster Union representative was this hourly rate ordinance. There were 3 clerical errors on hourly rate schedule that we are correcting. They are not significant in the hourly amounts for any person. Chairman Schey offered the floor those wanting speak in favor or against seeing none. Councilmember Henry Davis made a motion send this bill to the council with a favorable recommendation. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 07 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC Dr. Varner stated the Utilities committee met this afternoon and this bill was not sent with a recommendation. Presenter (Mayor Pete Buttigieg) - This bill is the result of a court decision giving municipalities the right of first refusal on sewer service outside the city limits. We originally asked that rules be suspended for passage expeditiously. However, I re- considered and asked that the council did not suspend the rules. The city of Mishawaka City Council have met and established their territories. They have drafted a document consistent with a long standing agreement between both cities. We have sent over a document informing them of our intentions and the mutual understanding to recognize that informal agreement. As of now Mishawaka taxpayers are paying the new rate and our resident are not. That leaves us at risk of losing the rate offered if some other municipalities in our area would assert their right before we do. This is presents with a 4 radius to eliminate the risk of invalidation. After speaking with the committee we also drafted a letter stating our intention to honor the informal agreement boundaries. It would be our intention to set that boundary even if Mishawaka did not. President Oliver Davis- Council Attorney repeat what you just stated so the people understand what is going on. City Attorney - There has been much discussion over the perimeter of the city. The court of appeals in the Newburg case gave the cities the right create to mile marker around the city in December of last year. Mayor Buttigieg, submitted a letter honoring the boundary agreement between Mishawaka and South Bend. The agreement recognizes the service boundaries Hickory Rd on the north, and Grass Rd on the south. The document says that the City of South Bend has no intention ongoing beyond that memorandum of understanding that our Mayor has sent to Mayor Woods for their consideration to honor that long standing agreement. This shows clearly on the record what the agreement has been for the last 20 plus years. We wanted that acknowledged publicly because of the ordinance including the complete full mile ring. It shows our intention to honor our good faith of the past. President Oliver Davis- Can you mention the map that will be included? City Attorney - The map attached to ordinance shows the complete full mile, which is authorized by state law. President Oliver Davis - They both are part of the record? REGULAR MEETING FEBRUARY 24, 2014 City Attorney- Yes. Councilmember Henry Davis- I have a comment City Attorney- Comments are not allow during this point of the presentation only questions. For the public it is important to point out that the substitute bill deleted the penalty provision of the original bill when it was filled two week ago. 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: Resident of (President of the Edge Park Neighborhood Association) — we have a community well there. In the last 2 months we've had 27 people that have lost their water. 3 plumbing companies have taken up office space in neighborhood. Our neighborhood looks like Normandy. We have 1957 well system that is failing. We have both the county water department and highway department and no one wants to take responsibility in getting started with something. Our street department is crumbling, we are getting our water from Niles now because our well would not produce it anymore. I am hoping we are within a 4 mile radius and I was hoping you would take a look. We have 213 homes in our neighborhood, 6 businesses on 31, and we would love to have water. Our director of public works is right behind you. If you would speak to him to get the ball rolling. Resident of 709 E Washington St- I am strongly in favor of city moving aggressively to protect the interest of our rate payers with regard to water and sewer. For too long we've gone about giving away our water and sewer and that should stop. I commend the Mayor for doing an excellent and quick job of trying to resolve this issue. I would recommend the City Council take similar actions on similar types of things and not just with respect to water and sewer but with respect to annexation that keep and expand the city of South Bend. In opposition: Resident of 1831 S College St- I am neither speaking in favor or against. These portions have no public comments section. I am speaking on the process by which this was presented to the public. The City of Mishawaka comprehensive plan was setup with Grass Rd. to the South and approximately Hickory Rd to the North. My issue is the City of South Bend presents maps which have not been vetted by the public and nobody knows about. Whenever the city starts interiorizing Mishawaka or Howard Township it always ends up bad for the city. In 1988 the city interiorized some Mishawaka and it went badly and the state legislature had to get involved. None of this should have been done until the two mayors had time to sit together and reaffirm the agreement. The two cities should have gotten together and then brought it to both these legislative groups. Councilmember Henry Davis- I hope that in the future the communication that is supposed to be happening behind the scenes is happening. I am saying you are doing something under handed but we need to be doing things that establishes the public's trust in what we are doing. I don't like these passionate conversations on the council floor or in committee meetings it does not fare well. I think everyone wants to see the city grow. Sure we need to talk about the expansion of services and annexation but first we must talk about a way to pay for it. We have ensure the baseline is taken care of first. I just hope we are doing these thing responsibly. Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT REGULAR MEETING FEBRUARY 24, 2014 Councilmember Scott made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (8) eight ayes. ATTEST: John Voorde, City Clerk ATTEST: Valerie Schey., 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 7:55 p.m. Council President Oliver Davis, presided with nine (9) members present. BILL NO. 04 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 ARTICLE 2, SECTION, 17- 27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON This bill had third reading. Councilmember 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 (8) ayes. BILL NO. 05 -14 THIIZD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND (#404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT 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. BILL NO. 06 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (NO. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF THE POSITIONS AND WAGE RATES 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. BILL NO. 07 -14 THIRD READING ON A BILL OF THE COMMON REGULAR MEETING FEBRUARY 24, 2014 COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC This bill had third reading. Councilmember Henry Davis made a motion to amend this bill from the one present to the Committee of Whole. Seconded by Councilmember Schey. Motion carried by (9) nine ayes. Councilmember 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. RESOLUTIONS BILL NO. 14 -15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1240 WEST THOMAS STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FORBOYD'S SERVICES REGULAR MEETING RESOLUTION NO. - 3 1 _l I FEBRUARY 24, 2014 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 1240 WEST THOMAS STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR BOYD'S SERVICES WHEREAS, a petition for real property tart 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 1240 West Thomas Street, South Bend, Indiana, and which is more particularly described as follows: Lot 48 Fowler's Second Subdivision and which has Key Number 018- 3074 -2912 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et s_{ec ., and South Bend Municipal Code Sections 2 -76 et M., 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 seg., and South Bend Municipal Code Sections 2 -76, et M., 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: REGULAR MEETING FEBRUARY 24, 2014 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 on., for tax abatement. SECTION R. 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 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, arc sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION 1V. 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 Revitalisation 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 (6) six years as shown by the attachment pursuant to Indiana Code 6.1.1- 12.1 -17. REGULAR MEETING FEBRUARY 24, 2014 Councilmember Henry Davis made a motion to continue this Bills 14 -15 by request of the petitioner. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14 -16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5024 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARCLIFF HEALTHCARE Councilmember White made a motion to accept the substitute version of this bill as on File in the Office of the City Clerk. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Ferlic Community Investment Committee, reported that this committee held a Public Hearing on this amended bill this afternoon and voted to send it to the full Council with a favorable recommendation. Presenter- (inaudible) the cost of construction is $3.2 Million assuming the tax abatement is confirmed the total tax abated will be $253,000. Over a 7 year period that would be approximate $660, 000. - The first year 20- the second with a payroll of approximately $2.4 million. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Scott made a motion to adopt this substitute Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (8) ayes. BILL NO. 14 -17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 WEST CALVERT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC Councilmember Henry Davis made a motion to continue this Bills 14 -15 be continued until March 4, 2014. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14 -18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT REGULAR MEETING FEBRUARY 24, 2014 Councilmember Henry Davis made a motion to continue this Bills 14 -18 be continued until March 4, 2014. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 08 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021 -1023 TALBOT STREET, SOUTH BEND, INDIANA BILL NO. 10 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 BISSELL STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 11 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 12 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1012 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND BILL NO. 13 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTION 11 OF ORDINANCE 10192 -12, TO ADD THE CATEGORY OF POLICE DEPARTMENT RECRUIT, AND TO FIX RECRUIT ANNUAL PAY BILL NO. 15 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (HILL AND COLFAX STREETS) REGULAR MEETING FEBRUARY 24, 2014 BILL NO. 16 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (LASALLE HOTEL) BILL NO. 17 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS This bill had first reading. Councilmember Scott made a motion to refer this bill to the Public Works and Property Vacation Committee and set for Public Hearing and Third Reading on March 11, 2014. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. REPORT FROM AREA PLAN COMMISSION: BILL NO. 03 -14 — REZONING AND SPECIAL EXCEPTION FOR 1912, 1918, AND 1924 EDISON RD REPORT FROM AREA BOARD OF ZONING APPEALS BILL NO. 14 -19 — SPECIAL EXCEPTION FOR 117 N MAIN STREET REPORT FROM AREA PLAN COMMISSION: BILL NO. 03 -14 — REZONING AND SPECIAL EXCEPTION FOR 1912, 1918, AND 1924 EDISON RD REPORT FROM AREA BOARD OF ZONING APPEALS BILL NO. 14 -19 — SPECIAL EXCEPTION FOR 117 N MAIN STREET Councilmember Oliver Davis thanked the city administration for their help in turning on the pumps at the New Energy (Ethanol) Plant. He asked the City Administration and the Public Works Department to address the concerns raised by the Farmers who have land around the New Energy (Ethanol) Plant. He also noted that the Council recently passed a Resolution noting that March 23, 2013 would be recognized as Schuyler Colfax Day. He advised that there will be more information coming forthwith. Council Attorney Kathleen Cekanski- Farrand advised that she met with Interim City Attorney Aladean DeRose to address the "Whistleblower" policy for the Police and Fire Departments. Council President Dieter stated that he would like the South Bend Police Department's Fraternal Order of Police and the Fire Fighter Union to be included in the discussions on the "Whistleblower" policy. REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 13 -16 SPECIAL EXCEPTION -2221 PRAIRIE AVE Councilmember Henry Davis, Jr., made a motion to refer this bill the Zoning & Annexation Committee and set this bill for Public Hearing and Third Reading on March 11, 2014. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING FEBRUARY 24, 2014 BILL NO. 13 -19 - CONFIRMING TAX ABATEMENT FOR DOUGLAS ROAD LAND PARTNERS SOUTH, L.P./HARRINGTON ORTHODONTICS -SET FOR 2 -25 -13 Councilmember Tim Scott made a motion to refer this bill to the Community Investment Committee and set this bill for Public Hearing and Third Reading on March 11, 2014. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis thanked the city administration for their help in turning on the pumps at the New Energy (Ethanol) Plant. He asked the City Administration and the Public Works Department to address the concerns raised by the Farmers who have land around the New Energy (Ethanol) Plant. He also noted that the Council recently passed a Resolution noting that March 23, 2013 would be recognized as Schuyler Colfax Day. He advised that there will be more information coming forthwith. Council Attorney Kathleen Cekanski - Farrand advised that she met with Interim City Attorney Aladean DeRose to address the "Whistleblower" policy for the Police and Fire Departments. Council President Dieter stated that he would like the South Bend Police Department's Fraternal Order of Police and the Fire Fighter Union to be included in the discussions on the "Whistleblower" policy. REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 13 -16 — SPECIAL EXCEPTION — 2221 PRAIRIE AVE Councilmember Henry Davis, Jr., made a motion to refer this bill the Zoning & Annexation Committee and set this bill for Public Hearing and Third Reading on March 11, 2015. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13 -19 - CONFIRMING TAX ABATEMENT FOR DOUGLAS ROAD LAND PARTNERS SOUTH, L.P./HARRINGTON ORTHODONTICS -SET FOR 2 -25 -13 Councilmember Tim Scott made a motion to refer this bill to the Community Investment Committee and set this bill for Public Hearing and Third Reading on March 11, 2014. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Council President Dieter noted that he would like to have a School Safety Seminar under the Health and Public Safety Committee. Councilmember Oliver Davis thanked fellow Council Members and encouraged their continued attendance in all neighborhood meetings. Councilmember Tim Scott thanked Councilmember's Dieter, Oliver Davis, and White for their attendance at the NNRO Meeting. PRIVILEGE OF THE FLOOR Sam Brown, Citizens United for a Better Government, advised that he does not feel good about what is going on in the city. Bill Sykes, 18927 Darden Road, South Bend, Indiana, thanked the Council for funding the new South Bend Animal Care and Control Facility. Mr. Sykes stated that he would like to see the Municipal Code changed on the classification of the Pit -bull breed dog. He stated that there is a REGULAR MEETING FEBRUARY 24, 2014 stigma attached to these dogs that should not be. He stated that if a Pit -bull is picked up by animal control it is a death sentence. He stated that he would like to have the right of adoption for Pit - bulls. Peggy Tomkiewicz, 2801 Calvert, South Bend, Indiana, stated that she would like to know the status of the New Energy (Ethanol Plant.) She stated that for now the city has negotiated to have the pumps turned on, but is concerned about the future. She asked the Council to please keep the residents advised on the status. Gabriella, 1121 Stanfield, South Bend, Indiana, stated that she is concerned about the breed specific legislation of the Pit -bull. She encouraged the Council to reconsider the right of adoption. Linda Cole, 2801 S. Meade, South Bend, Indiana, stated that it is unacceptable that all city departments involved in the development of the homes near and around the New Energy (Ethanol) Plant who did not see this land was a flood zone and has a high water table. ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 9:40 p.m. ATTEST: ATTEST: John Voorde, City Clerk Oliver Davis, President