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HomeMy WebLinkAbout05-12-14 Common Council Meeting MinutesREGULAR MEETING MAY 12, 2014 Disclaimer: Undergoing teclumlogy 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, May 12, 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: Absent: Tim Scott 1 st District Henry Davis, Jr. 2n District Valerie Schey 3' District, Chairperson Committee of the Whole Dr. Fred Ferlic 4 District Dr. David Varner 5 District Oliver J. Davis 6' District, President Gavin Ferlic At -Large Karen L. White At- Large, Derek Dieter At- Large, Vice President OTHERS PRESENT: Kathleen Cekanski - Farrand Council Attorney John Voorde City Clerk Janice L Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB- COMMITTEE ON MINUTES Councilmember White made a motion that the minutes of the April 28, 2014, meeting of the Council be accepted and placed on file. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. Council President Oliver Davis on our May meeting we will not be meeting on Memorial Day but on Wednesday, May 28, 2014 at 7pm. SPECIAL BUSINESS BILL NO. 14 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING TRANSPO OPERATOR CHERYL MOORE FOR HER ACTS OF HEROISM IN RESCUING A YOUNG CHILD Council President presented resolution commending Cheryl Moore for her acts of heroism. We would like to say thank you. Chris Kuzovak- On behalf of Transpo, we are amazed to have an employee such as Cheryl and look forward to years of her service. Thank you. Cheryl Moore- I would like to say thank you, if I had to do it all over again, I would be more than happy to help a child in need. Thank you so much. Councilmember Scott - Thank you so much for everything that you do. REGULAR MEETING MAY 12, 2014 Councilmember Henry Davis - Thank you for keeping your eyes open as that could have been my child or anybody else's'. We have to make sure that our youth are being taken care of and for that I say thank you. Councilmember Schey- Thank you for being a role model to that little girl as well as us all. Councilmember Dr. Ferlic- My heroes are heroes like you thank you. Councilmember Dr. Varner - Thank you for your efforts and your actions. Councilmember Mr. Ferlic- Thank you for your actions Councilmember White- I would like to thank you personally for your vision and your statement that you just made that when see a child in need to step up. We all need more like you. Thank you for stepping up when you see a child in need. Councilmember Dr. Ferlic made a motion to adopt by acclamation bill 14 -88. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes BILL NO. 14 -55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE RICH TRADITION OF THE NATIONAL PAN - HELLENIC COUNCIL AND CELEBRATING 84 YEARS OF SERVICE AND CONTRIBUTIONS Councilmember Henry Davis presented the National Pan - Hellenic Council for celebrating 84 years of service and contributions. Councilmember Henry Davis and Councilmember Karen White read the resolution. We ask for your support of this resolution. President NPHC- We were established for brotherhood and sisterhood, we collaborate with a lot of non -profit organizations to give back to the community. He highlighted an event that was coming up to bring awareness and uplifting the community. Councilmember Scott - Thank you all for the service that you do. We appreciate everything that you do, every bit counts. Councilmember Schey- I want to thank you for your service, I know DST contributed to the MIX breakfast that was a wonderful event, to the ladies of SGR I remember you were here with the young cheerleaders, I know many of you helped the community a great deal, so thank you all Councilmember Dr. Ferlic- Thank you for trying to stop this insanity of violence. That is very important, thank you. Council President Oliver Davis - Thank you for your service and I'm glad you all came up tonight as it shows the different groups, it shows everybody what you do for our community. Councilmember Dr. Varner- I thank you all and I move that we adopt this by acclamation. Councilmember Mr. Ferlic seconded the motion (and stated thank you for your service) which carried by a voice vote of eight (8) ayes. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS REPORTS OF CITY OFFICES Deputy Mayor Mark Neal gave a few highlights. The 911 center will be downsized by the end of the year. We have job descriptions up, and are now recruiting for that. Tonight we confirmed we are the highest 2 nd class city with our bond rating. We will have our budget kick off next month on Thursday, June 5, 2014. REGULAR MEETING MAY 12, 2014 Councilmember White- In terms of our rating? Deputy Mayor- we are the highest 2" class city ranking. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:29 p.m. Councilmember Schey made a motion to resolve into the Committee of the Whole. Councilmember Henry Davis seconded the motion which carried by a voice vote of eight (8) 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: (In- audible) Councilmember Dieter made a motion to continue this bill until the May 29, 2013 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08 -14 PUBLIC HEARING 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 Councilmember Schey requested a motion to hear the substitute bill for 08 -14. So moved by Councilmember Scott. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Scott, Chairperson, Zoning & Annexation Committee, reported that they met this afternoon on this bill and sends it to the full Council with an unfavorable recommendation. Presenter: Hill- They are asking for a special exception for this property F2 to MS 1 for five unrelated persons. They have a two -car garage and parking on the street. It came with an unfavorable recommendation, but the original property is to allow rentals for college students. At public hearing we had 8 people speak towards the bill Councilmember White- I want to make sure everyone can hear. Petitioner: Greg - 120 W LaSalle- He is proposing to keep these as rental properties and rent to more than two people at a time, it won't change the character of the houses. There is a demand for these Agostino rentals in the area. There is a plethora of emails coming in to support this. Cosmo Bumbacka- 117 Bluebell Circle, Granger, IN- I have a simple question my property will not change anything. For the last two years, you have allowed a huge complex to have more than 40 people under one roof. They change the landscaping of the neighborhood and tore down several houses. This is not fair, as those pasted over the last 3 years. If you allowed them to change the landscaping, then I should be allowed five people in my house. Council Schey asked Council Attorney how do you differentiate the zoning? Council Attorney replied he is asking for two things the rezoning and for multiple family which are unrelated. Councilmember Schey wanted to know for clarification. Councilmember Henry Davis- Can you please give us the answer? Petitioner responded there are several properties south and east, we are asking why you don't treat properties the same when they are in the same neighborhood? Councilmember Henry Davis - Are you saying the apartment changed the scope and changed the plan? Petitioner- yes they changed that I don't see the difference between the two from the apartment to my house. REGULAR MEETING MAY 12, 2014 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: Robert Folks- 208 Calvin Street - The neighborhood has changed tremendously, Mr. Bumbacka has made great changes to the neighborhood. With student families and impressed with the work that he has done to the houses in the neighborhood. Neighbor- 1008 Calvert St- At first I was afraid to stay in the neighborhood, but he has brought up the value of the neighborhood. If you can let Notre Dame do it, then why not him. There should be no favoritism. People should be treated equally. The students there are respectful, I rather live by Notre Dame students than regular people. He is doing an excellent job. If you don't live there you can't say what's going on there. This is South Bend, IN not Notre Dame, IN. Angela Murray- 2265 N Johnson St- I believe Cosmo has done an excellent job. He came in and fixed up the homes and changed it around Chad Conan- 1015 Talbert- I have lived there for 15 years, ever since he came in the neighborhood he bought up the houses and renovated them and made them look nice. You have to live in a neighborhood to know what's going on. William Bumbacka- The housing in that area is changing. Why is it okay when Notre Dame wants to change it but not when an individual comes to change it? Cher Osborne- 1310 Calvert St- My neighborhood has changed for the better. I enjoy leaving with the college students. Why should Notre Dame be allowed to tell us how to run my neighborhood, they pay no bills where I live. Jesse Davis- P.O. Box 10205- If you check with the health department maximum occupancy for a 3 bedroom home is 2 people per bedroom. It looks like you have a select group of people that can come in here and get anything they want but a hardworking man can't? Why wouldn't you want to have more people in the neighborhood? Especially students. Those wishing to speak in opposition: Noreen VanBuren- 1760 W Calvert- it is a similar neighborhood but the opposite side. He continues to rent houses to students because he can get $600 per student to get thousands per home. This house is not zoned for that. There should be no special favors, it does change the neighborhood. Throughout the city we have legality, the city's point should not allow this. There are numerous apartments in the city that's where the students should go. Paul Myer- 211 N Eddy -I'm here on behalf of the South Bend Clinic and VP of Northeast Neighborhood, we are unanimously opposed. I appreciate his work in the neighborhood, the issue is the ordinance that is in place. There a number of letters that have been submitted in opposition, Bill Stince- 1020 E Colfax- Resident of Northeast Neighborhood, we are all opposed. Last year, we had our grand -child over, when there was a house party in the neighborhood. There was bottles and trash all over the neighborhood. Not every student is the idea student. Gary King- 730 South Bend - These house are in a single family neighborhood, the houses reflect small families, and the parking reflects that the streets reflect that. Male - (Inaudible) I live in the triangle. I speak in opposition. I don't want to live around a bunch of underage students. 4 REGULAR MEETING MAY 12, 2014 Marguerite Taylor- 714 Eddy St. South Bend- I'm not rich but I bought my home and earned it. The neighborhood has changed drastically, there is no longer any investment in the homes as most of them are rental properties. Lora Rinsler- 701 E Howard St- There's a house that my family member wanted to rent the house, but was told he can't rent the house. He wanted to have 5 students at $500 each, instead of one at $800. He has previously broken the law, on renting to more than 5 people, and there should be consequences for that. Ann Puzzello -I have lived in the Northeast neighborhood for 25 years. In the past two years there has been change, positive changes. It is important our neighborhood reflect families, it strengthens the neighborhood. Bi11403 E 80th St. - Spoke in opposition, to the zoning, spoke about the issues of rezoning, and apartment buildings and changing the neighborhood 911 Lincolnway- NW Neighborhood- We are to here to support all neighborhoods. This is benefiting one individual and not the whole entire city. This petition for the exception, should not undermine the cities plan. Kyle Chamberlain- 824 Mishawaka- As a rental property owner, I own a single property, I chose to follow the law at the time as set by the property which should be enforced. Kathleen- 1204 South Bend - The neighborhood, is greatly affected, the students come and where families stay and build the neighborhood. Male404 Jingles St- Students don't have an invested interest in the neighborhood. Where I live I'm a homeowner with invested interest. Charles Melton- 2 Leone Ave- He spoke against the housing as students don't maintain the property upkeep that is needed. Troll- 920 N Michigan Ave- Our forefathers were firmly against this, and we should not change the city's neighborhood. Rebuttal: Frank Agostino- A lot of the people in opposition are not in the neighborhood, and are not affected. Madison Ave is already changed as permitted to two, just looking to go to four. There are already housing existing. Thank you for your help. Council President Oliver - Are you talking about 4 or 5 students? Petitioner 4 students. Council President Davis on record it says 5, for property 837. Petitioner correct for that address is 5. Councilmember Henry Davis, move for favorable recommendation. Council President Davis seconded the motion, which did not carry forward by six (6) nays by Councilmembers Scott, Schey, Dr. Ferlic, Dr. Varner, White, Mr. Ferlic, and (2) ayes. Councilmember Scott made a motion to send substitute bill 08 -14 to the fall Council with an unfavorable recommendation. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of six (6) ayes and two (2) nays by Councilmember Henry Davis, and President Oliver Davis. Petitioner requested to withdraw substitute bills 09 -14, 10 -14, 11 -14, & 12 -14. Councilmember Dr. Ferlic made a motion for substitute bills 09 -14, 10 -14, 11 -14, & 12 -14, be stricken from the record at the request of the petitioner. Councilmember Dr. Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 25 -14 PUBLIC DARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4525 SOUTH BURNETT DRIVE, SOUTH BEND, REGULAR MEETING MAY 12, 2014 INDIANA 46614, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Scott, Chairperson, Zoning & Annexation Committee, reported that they met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Presenter: Offices on the l I' Floor- She explained the surrounding properties, and the plans for the property. The property comes with a favorable recommendation. (Audio is strained) Petitioner Dan- (static in the mic, audio was strained) This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Mr. Ferlic made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dr. Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 24 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE SUBSECTION, AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, TO ADD ANEW SUBSECTION RELATIVE TO THE APPLICABILITY OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS Councilmember Schey requested a motion to hear the substitute bill for 08 -14. So moved by Councilmember Scott. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Scott, Chairperson, Zoning & Annexation Committee, reported that they met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Petitioner- Office of the Area Plain Commission- Offices on the l I' floor - They are proposing two zoning districts. She explained the uses for the zoning for a mix -use building. Councilmember Attorney requested definitions as there were several guest present. Petitioner responded giving the different definitions of the zoning and uses. There was a discussion about the overlay and the definitions for clarification. 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 - This is a combination of events, we are making sure that certain people in certain areas. We are putting restrictions in certain areas for segregation for classes. I'm not in favor of these things. People are speaking against their own interest. We have to pay attention to what is going on, not for just one side, when these things fall through. Councilmember Dr. Ferlic- I disagree revitalization is very important to the city. We need taxed property to support our non - profits. The more property the value can build the city. Councilmember Henry Davis- We have a 30% poverty rate, we have 74% of our kids on free and reduced lunch. The part of the city we are referring to is a tiff district, the city will not be able to 14 REGULAR MEETING MAY 12, 2014 benefit from. Everything that we are doing will be anti -city not for the entire city. We have an issue of poverty. We need to spread about the wealth, we can't just ignore it. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Mr. Ferlic made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of seven (7) ayes, and one (1) nay by Councilmember Henry Davis. BILL NO. 31 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR REGULATIONS Councilmember Schey requested a motion to hear the substitute bill for 31 -14. Sole moved by Councilmember Scott. Councilmember Dr. Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dr. Ferlic, Health & Public Safety Committee, reported that they met this afternoon on this bill and sends it to the full Council with no recommendation. Councilmember Mr. Ferlic- This ordinance will make South Bend and healthier and safer place to live. If we pass this ordinance the county and city of Mishawaka will follow suit. The Evansville Supreme Court passed, this promotes healthier and clean air. In terms of reinforcement there has only been one citation in the city of Indianapolis, most people follow the law. In terms of outreach and education, that will take place over the next 60 days to help during the transition period. Procedures in place to allow a transition period over one year to comply. We also want to make note that if South Bend takes the lead Mishawaka will follow. Carl -1530 College St- Presented on the education outreach program. There will be a90 day transition phase that will help with marketing and campaigning for non - smoking. They will provide literature and signage for businesses. There will be a hotline for employees to call in and report violations. George Strange- 221 E Colfax- My personal experience as a physician, there is an increase in smoking. There are increased risk in health, and blood diseases. There are numerous risks from cancers, to blood diseases, to stroke, and heart attack. He went on to speak on the increased health risks on smokers and second -hand smoke. Council President Davis- Regarding your comments and statistics have you done studies on alcohol, eating ham, lobsters have you partaked in those (George indicated that he has) and have you spoke against the law about the effects on families because alcohol, mothers against drunk driving, and the health effects on the black communities? George responded as far as I know we are focusing on smoking, I'm not at a public forum, I try to abide my healthy living. Council President- do you think we as city Council should regulate your life and personal menu at your house? George responded I don't think I'm an expert enough that I want to get in to that. Council President to Mr. Ferlic, you talked about the education and speaking with the businesses, have you talked to any of the business owners and listened to their recommendations and what proposal have you taken and implemented in this petition? Councilmember Mr. Ferlic, there was extensive outreach. Council President- what I am hearing is that no one has spoken to them and Derek Dieter has asked for a list names and has not gotten one, can you share who you have spoken to? Councilmember Mr. Ferlic- we have sent sufficient notices, did I go to every bar, I spoke with the coalition. We did phone calls. I rather not say specifics. Council President wanted to know how many did he actually sit down and speak with face to face, go into the bars and have a conversation with staff and employees. If you pass then you will put South Bend businesses at jeopardy as customers will cross county lines and go to other cities, what is your plan for business owners? Mr. Ferlic- there are studies that this will increase business, and have a positive impact on businesses. Council President- your studies are on different cities and not the city of South Bend, Evansville and other cities have different situations, in other parts of the city REGULAR MEETING MAY 12, 2014 there life is different. There is a business that has lost business in the past, as they did a local study. I would consider you moving this off after you hear that study. We have not heard from the health department tonight. Can we have them weigh in? Mr. Fertic, they have spoken in the past, we can only control South Bend. We would love to work with other cities in passing the law at the same time. Councitmember Dr. Ferlic- we can ask confusing questions all night, do you have personal experience with cancer. Councilmember Mr. Ferlic- Yes, my mother had cancer. Councilmember Henry Davis- In terms of the studies on other cities, I heard nothing local, where are our local studies? Smoking is bad, but the law is being contradicted if we are making personal decisions. What are the health statistics for South Bend? Councilmember Mr. Ferlic - we have some experts in Public health. Margo Devine- 509 E Manner Hill- I represent the community health system. There was concern since 1964. Second -hand smoke is no longer a personal issue you are effecting a child. She gave a website to where you can find the statistics of what people are dying from and county rankings, and we are 48th in the city out of 92 in Indiana. Having our children start smoking is not something we would like to see. She gave the stats on infant rates, and those who died from second -hand smoke. Councilmember Henry Davis- the other laws are in cities with Universities, is there any correlation to the statistics? Petitoner- 115 W Washington - there are larger city areas, due to the populations. We are looking to make it state wide. Council President - Are you considering grandfather clauses for already established benefits, as people have abided by the county already to abide the law, then you change the law and give them 60 days. Councilmember Mr. Ferlic- We will be giving them a 1 year transition period. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: Bruce- 123 LaSalle, Granger -I support healthy air. Second -hand smoke effects the whole city, our citizens, and work environments. Please support this bill. Dan Afelston- 120 N Central Blvd- At the YMCA, we have been advocating for the health of our community. The cost in terms of our healthcare are increased. We need to send a message to new businesses in our community that health is a priority in our community. Angie Madison- 514 Bloomington, IN- I'm a student nursing student at Indiana University. I have several family members that have lung cancer from second -hand smoke. There are many places that you go that you can't control second -hand smoke. It is important that somebody take the first step in clean air. Jamie Murphy - Granger- Part of my job is to talk about public health. Those who are working don't always have the opportunity to work in a smoke free environment. We need to protect our employees and offer them a clean environment. Andrew White- 750 South Bend and Greg Hunter- 2529 Linden Ave: We speak on behalf of young professional in South Bend we would like to live in a healthy community and advocate a healthy work environment. Kelly Green- 115 Woodside- I'm a mother, and a small business owner, a lot of the mothers are not able to say where they work, and they like to work in smoke free environment which effects their kids and future children. I'm not asking anyone to stop smoking but that no one is asked to smoke with you. Pastor John- 203 E Indiana- I'm a father, and veteran. I want to protect those whose environment is effected at their work. Everyone is entitled to have a work place free of any harmful substances. I want to protect those that can't protect themselves. 91 REGULAR MEETING MAY 12, 2014 Brawler O'Dell — 803 Cottage Grove Ave- I'm new to the healthcare field, but it is very clear that the health in this community is not the greatest. It is disheartening that I have to tell my friends in New York, that we have to deal with smoke in business establishments. Corey Clark- 3267 Chalk Maple Ct- I represent the Indiana Black Expo and tobacco succession plan, we need to educate our community of the dangers of smokers and second -hand smoke. We work to prevent it from future generations. 18% of workers continue to be exposed to smoke at their jobs. William Jones- 4343 Wilmington Ct.- I represent the Pastor alliance, my mother was a smoker and my Auntie who was not a smoker, and her lungs looked as bad as my mother's from second- hand smoke. I was forced to grow up without parents. I just ask that everyone is considerate of everybody else. Kente Lark- 702 LaSalle St- I own a barber shop and salon, we try to keep our business family friendly. Second -hand smoke is real, I can't be around it as I have asthma. Our environment does have an impact on our youth by providing them a good model of not smoking will help lead the way. Deputy Mayor Mark Neal- We are supportive of this ordinance. We promote a healthy work environment. We believe having a safe smoke free environment is the right this to do. Lanier Vonne- 914 N LaSalle- Either we are for South Bend or we're not. At the end of the day are you concerned about the citizens as a whole? Yes, children go to bars but their parents do, this isn't a money issue it is a health issue. Santiago Garcez- 101 N Michigan- I want to speak on behalf of a friend who use to work in the bars, he died because of lung cancer. I know that he would ban smoking if he could as he was not able to see his kids grow up. Erin Kelly- 217 S Michigan- We are supportive of this ordinance, I spoke to many business owners, two have banned smoking and very successful. I know there are others that don't agree. But I look to expand this district wide and create a progressive community. Those who are wishing to speak in opposition: Joseph Shabazz- 12725 Marian St- We have a free enterprise system, and now we have a smoking ordinance that is tearing the city a part. We don't have to worry about smoking in my neighborhood as most are unemployed, we never hear about how to get rid of poverty. Jesse Davis- P.O. Box 10205- I had a mother who died from lung cancer who never smoked a day of her life, your statistics mean nothing. If doctor's want to make a point they can misconstrue the data. Mitch Kalstanksy- 1516 N Ironwood Rd- Not one person against it, had a person in the bar industry, we know smoking is bad for you. No one forces you to smoke. I want to bring income to South Bend. But if you pass this I will have to build out down the road. Mothers and Fathers can smoke in the cars but we're not talking about banning those. When do we draw the line? Gary Libers- 19655 Jackson Rd. - Our members are elderly people, they made sacrifices as veteran and they have the right to smoke. I hope we can defend their right that they worked hard for. Melvin Reed- 3310 South Bend- I want you to watch unintended consequences and the people you directly affect with this ordinance which is the small bars in South Bend. Gary Weiss — 621 S Bendix Dr.- Tavern Owner, we are concerned about our businesses this ordinance only applies to our business in South Bend, We talk about we don't want to hurt South Bend but this ordinance effects has directly, it would be different if it were unilateral. REGULAR MEETING MAY 12, 2014 Lance O'Nearler- 5547 Ivy Road- I own three houses, and pay taxes. My parents came here for their freedom and their rights. People have the right to choose. Rhonda Redman- 518 N Scott St apt a- I don't advocate for smokers or nonsmokers. It is unfair to ban South Bend and not to look at the County and Mishawaka, make it across the board and fair for all. Don Kulowsky- 5028 Portage St.- I speak on behalf of our veterans, consensus of our club we are for smoking, don't take their rights away. We made $6 thousand smoking, we shut -down and started with no- smoking and made only half, we re- opened the next week and made $6 thousand again. Tommy Marshall- Those who work in the police department and the military protect and serve the citizens of South Bend. An occasional drink and smoke help them to forget their troubles please don't take away those rights. Deborah Stellar- 3128 Spring Brook- I own a business, we all know smoking is bad, I don't think a ban is appropriate. If you ban smoking you will be effecting businesses and employees who benefit from those profits. It is not the job of elected officials to control the city instead to represent their constituents. Instead of the ban you should have a vote for all the people as to what they want. Lonnie- I'm a bar owner. Smoking is a legal substance. I will lose my bar if we ban smoking. I've never loved anything more than being in my bar. In my bar there are smokers and nonsmokers. We have the right to not lose our business. John Burgraft-5218 S Fur Rd- I'm in the tavern association, bars owned by families by years have kept their doors open by their own decisions not from the council. Bar Owner on South Michigan - The state hands out licenses for smoking and I didn't know I had to shut down for three weeks, when I did my business went down to 1/3, I'm almost lost my bar. Mathew- 1615 Arcadia Ave- We are aware of the health hazards, which is why we have the freedom of choice. No one forces these people to come in. We are protecting they and them, I did not see one worker speak on behalf of banning smoke. We have over 1,000 signatures that say they knowingly go in to the establishment that is a smoking environment. Rebuttal: Councilmember Mr. Ferlic- First I would like to address a casino, Indian Casinos have their own jurisdiction. The intent is not to put businesses at a disadvantage, you can smoke outside, and over the long -term it has shown businesses stay neutral or increase. This is primarily about workplace safety. We legislate South Bend and want to pass an ordinance for clean air. John Voorde read a letter written by Councilmember Derek Dieter about his concerns about the air free regulations, as there is no list of businesses that will benefit from this ban. I am pro - business and pro - health, there should be grandfather clauses for already established businesses. Councilmember Scott- I've gone to mom and pop bars where it was full of smoke, it was the only business in the area. When they passed the law to ban, he thought he would go out of business, but was shocked that he did not. He actually has doubled his business as he enticed non - smokers. We talk about choice of work places, I was on a specific career path, and I didn't have a choice as I needed to learn the trade and had to deal with the smoke. It's not always a choice, I saw people die from lung cancer who smoked and did not smoke. Councilmember Henry Davis- I'm frustrated with this issue at this point, we rally around smoke - free areas but not poverty, and providing jobs. If we don't worry about our economy we won't have a city to worry about smoking. You give an example of a small city with one bar, of course it's going to grow no -one lives there. Who's going to fight for South Bend and how we can grow the city. We talk about bike lanes, when we have winter 7 months out of the year. We asked two years ago to have a conversation with the County and Mishawaka but we have not done that. 10 REGULAR MEETING MAY 12, 2014 Council President Oliver Davis- It takes courage to listen to others that don't have the same beliefs. It is easy to pass laws that go along with your personal beliefs. I've worked with people that drink, and smoke. But it is all their choice, my life decisions should not be enforced upon other people's human rights. I have not seem any documentation that the County or Mishawaka were asked to work with us on this bill. When we live in a city we need to reach out to other counties so that it is the same across the board. I have to respect those who make certain life choices that I do not. We can't afford taking our police off the streets to enforce the bars. I came to South Bend despite people, who smoke and drink, realistically where am I going to go where I went to college, they smoke and drink there too. Give us some time to go and sit with other counties and work the plan so that both neighboring counties are happy and South Bend is not at a disadvantage. Councilmember Dr. Ferlic- I think it takes a lot of courage to talk to families who lost loved ones to smoking and non - smoking, more so than diet. I think South Bend should take the lead on enforcing this and lead the way for neighboring counties. I hope we would have the courage to do the right thing. Councilmember Dr. Varner- First, I thought we resolved this three years, that bars we post whether they were smoking or non - smoking for customers. That way the bars have the choice, we can't make decisions for everybody. We can't make the right of one person greater than the right of another. I think outreach education is more important. Smoking is actually down, despite everything. Last time I checked smoking is legal, drinking is legal, what you do on your property is your choice. Councilmember Mr. Ferlic- I appreciate everyone's input. With regards to the importance of workplace. A lot of working class citizens don't have that choice. We are here to protect all citizens. Councilmember White - This has been and will continue to be a tough issue. Smoke free air will continue to be an issue. The issue is how get to a point where we have common ground, for both our citizens and business owners. We have sixty days before this law will pass. I would urge during the sixty days that you sit down face to face with Mishawaka, with City Council, and with small business owners on how to move on with outreach education and what will incur with regards to enforcement. I would want to have all that information provided so that we can have public discussion and give a report back to the community so that we have ample time to report an opportunity for the community to respond. I do believe that it is a health issue, but I value everyone's viewpoint. We need to have answers to all those questions. I have involved in previous ordinances where we never had the opportunity to combat the issues. I would like this to go back to health and public safety committee. Council President in order for us to make a decision tonight we don't have all the information available. There are things that haven't been done, when the county has done this in the past they did this in three meetings. I think you bring up great ideas but it would need to allow for us to have more time. Councilmember Dr. Ferlic- I think your points are great and it should go back to the health and public safety committee to come up with those particular facts. Councilmember Henry Davis- I disagree, I don't think it will be done. We make decisions based upon what we think people can do. Just because someone works at the bar doesn't mean that they can't be a doctor or a lawyer or a sound mind, continues to prove that this is not a good ideal. We do not live in a cast society, this is America we have a choice. South Bend is extremely diverse. It is a discriminatory attitude. Councilmember Dr. Ferlic- I disagree as I mentor several kids at Washington High School. Councilmember Henry Davis- that's the attitude that I'm talking about, I'm not talking about a white man mentoring black kids. 11 REGULAR MEETING MAY 12, 2014 Councilmember White- made further suggestions on moving towards stipulations during the sixty days so that they can make a decision tonight. Council President Davis- Why do we have to make the decision tonight when we only have eight here to vote, out of respect to Councilmember Dieter he asked for the information and it wasn't given to him. If we vote on it tonight and pass it, we don't have the history or receiving this information. I would rather we wait, it's not fair to request others for information and delay theirs and have this one just rush on through when we don't have all the paperwork. Especially when he knew that ahead of time what was being asked. This is the first time they are hearing the opposition from the community for many people. Let's digest this information and then come back. I don't think we need to rush to do that. Councilmember Mr. Ferlic- I request sixty days for us to meet all the requirements should the passage of this bill take place. Councilmember Henry Davis- What happens if in sixty days if they don't make good on their promises. Council Attorney Kathy- Section III states if the ordinance if passed would not take effect until 60 days. Councilmember White highlighted having meetings every two weeks to help provide documentation and information. Councilmember Mr. Ferlic outlined that he will agree to the four items made if passed he would need to complete. If items are not met, he would need to have ongoing conversations with the County and Mishawaka. Councilmember Henry Davis -that still does not answer the question on the consequences. (Councilmember Schey interjected and reposed the question to Council Attorney if all bar owners have not met with committee by that time if passed will the ordinance then fail ?) Council Attorney responded no. Councilmember Schey- so the bill will remain even if those stipulations aren't met? Council Attorney - that is correct. Councilmember Davis what is the good of putting it through when they don't have to make good on the restrictions? Council President Davis - That is an issue with respect to the sixty day rule, the request are already in the bill so she is not asking for anything new. So it appears that they will be doing something when they are not actually going to do anything, as they have not provided this information in the past. If they don't follow through with anything else, they won't be effected. The ramification is potentially putting people out of business as these people deserve to be heard. Us taking 50 minutes to talk tonight does not equate to the years that it took to build their business. Councilmember Schey we can all agree that smoking is bad for you and that there a health issues with it the bigger question is regarding regulations towards our restaurant. I am one of the founders of the bill. I have had several conversations with my colleagues, I don't have a large number of bars in my neighborhood. I don't think we will make everyone happy, but we should have a good compromise. I would like to make a suggestion that we table the bill for at least sixty days so they can get the documentation needed. Councilmember Henry Davis seconded the motion. For Council portion only and no public hearing. Council President what if there are changes at that point, if we have a change of ideas can we have a public hearing. Councilmember Schey if we have an amended bill will we need to have another public hearing? Council Attorney replied that they would not. Councilmembers had a discussion on to allow public hearing or not and the motion that was on the table. Councilmember Schey made a motion to request sixty days for meetings and public discussion and bring back to the Committee and Public Hearing until July 14, 2014. Councilmember Henry Davis Jr. seconded the motion which passed by a roll call vote of five (5) ayes and three (3) nays by Councilmembers Mr. Scott, Dr. Ferlic, and Mr. Ferlic Councilmember Henry Davis, Jr. requested a 5 minute recess. Councilmember Dr. Varner seconded the motion which carried by a voice vote of eight (8) ayes. 12 REGULAR MEETING MAY 12, 2014 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 11:27 p.m. Council President Oliver Davis, presided with eight (8) members present. RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) 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 11:28 p.m. Council President Oliver Davis, presided with nine (8) members present. r i r.a;1 ; : 12 BILL NO. 08 -14 THIRD 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 third reading. Council Attorney requested a motion to amend as it was in the Committee of the Whole. So moved by Councilmember Henry Davis. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Henry Davis made a motion to defeat substitute bill 08 -14 as amended. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. BILL NO. 25 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4525 SOUTH BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dr. Varner made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. BILL NO. 24 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE SUBSECTION; AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, TO ADD ANEW SUBSECTION 13 REGULAR MEETING MAY 12, 2014 RELATIVE TO THE APPLICABILITY OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS This bill had third reading. Council Attorney requested a motion to amend as it was in the Committee of the Whole. Sole moved by Councilmember White. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Henry Davis made a motion to defeat substitute bill 08 -14 as amended. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay. RESOLUTIONS BILL NO. 14 -31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 14 REGULAR MEETING RESOLUTION NO. MAY 12, 2014 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 114) of Section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (S.E. 1 14) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence South 90'00'00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (NX.1 /4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 114) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest comer of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90° 00'00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south at of the Southeast Quarter (S.E. 1 /4) of the Northeast Quarter (N.E. 1A) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E.1A) of the Northeast Quarter (N.E.1 14) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00 East, along the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne 15 REGULAR MEETING MAY 12, 2014 and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955,26 feet to a point which is South 00 1 58'55" West -- 314.00 feet from a stone found at the northwest comer of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence North 89 °42'44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01 °30'47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 °00'00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest comer of said parcel conveyed to Arthur Fontonelli; thence South 01 °30'47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description. and which has Key Number 023 - 1013 -0758 a/k/a 71- 08 -26- 200 - 014.000 -002, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION 1I. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of up to such years as set forth in the title of this resolution, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South'Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seo REGULAR MEETING MAY 12, 2014 17 REGULAR MEETING SECTION III. This Resolution shall be in full force and effect Common Council and approved by the Mayor. P IESENTED I -iL -1� R0,1 APPROVED 60 ma S - l L -1q MAY 12, 2014 after its adoption by the Filed ire . Moe __ F i 1 2014 JOHa4 , CITY CLERK, su,l: A SEND, IN REGULAR MEETING MAY 12, 2014 Council Attorney requested a motion to hear 14 -31 with 14-47 for purposes of public hearing. So moved by Councilmember Mr. Ferlic. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14 -47 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 19 REGULAR MEETING MAY 12, 2014 RESOLUTION N0. 3 3 � 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 515 WEST IRELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC WHEREAS, a petition for personal property tax abatement consideration 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 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast comer of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.I /4) of said Section Twenty -Six (26); thence South 90'00'00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01'30'47" East, parallel with and 400.00 feet west of the cast line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No, 9416618; thence South 90 00'00" West, along said north right of way line of Ireland Road and. being parallel with and 40.00 feet north of the south line of the Southeast Quarter (S.E. 1 14) of the Northeast Quarter (N.E, 1 /4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00°58'55" East, along the west line of the Southeast Quarter (S.E.114) of the Northeast Quarter (N.E.114) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 °58'55" West -- 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E.1 /4) of the Northeast REGULAR MEETING MAY 12, 2014 Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence North 89 0 42'44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01°30'47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twcnty -Six (26), a distanee of 602.05 feet to the northeast comer of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926;. thence South 90 0 00'00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli; thence South 0 1 °30'47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description. and which has Key Number 023 - 1013 -0758 a/k/a 71- 08 -26- 200 -014000 -002, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1- 12.1 at se�yt ., and South Bend Municipal Code Sections 2 -76 et sett ., 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, at M., and South Bend Municipal Code Sections 2 -76, at sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code § 6- 1.1- 12.1 -4.5 et seq., that: the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; 21 REGULAR MEETING MAY 12, 2014 d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits and Petition for Tax Incentives completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6.1.1. 12.1 -4,5, CTION III, The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this .Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1. 12.1 -17; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6- 1.1 -45 for the same property. SECTION Vi. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force the Common Council and approval by the May . r i from ano after its adoption by PAM "11 3 _ L, �-( � NOZ 7�PPROYE6 Filed in Clerk's OR ,. 1 JOHP WORM CITY CIERK SOUTH BERru,IN � REGULAR MEETING MAY 12, 2014 Petitioner -Rich Deal- 100 N Michigan St. - this is the request for abatement for investment to expand the facility by about 30,000 sq. ft. an investment of about $1.5 million., and an investment in new machinery and equipment of $3.5 -4.5 million to expand in other markets. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Henry Davis, Jr. made a motion to adopt 14 -31. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dr. Varner made a motion to adopt 14 -47. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14 -50 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1020 SAINT PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE - YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT AND CATHERINE KOSSLER 23 REGULAR MEETING RESOLUTION NO. x,36() - MAY 12, 2014 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1020 Saint Peter Street AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Robert and Catherine Kossler WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1020 Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHWEST QUARTER SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS LOT "B" AS SHOWN ON THE PLAT OF "SORIN' S SECOND SUBDIVISION SIXTH REPLAT" RECORDED JUNE 13 2012 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO, 1217687, CONTAINING 0.17 ACRES MORE OR LESS SUBJECT TO ALL LEGAL RIGHT -0F -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. and this property has Tax Key Number 018 - 5104 -3651 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6.1.1 -12.1 et sea ., and South Bend Municipal Code Sections 2 -76 et sea and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1.2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and REGULAR MEETING MAY 12, 2014 WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1 -12.1 or seq ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 939403, which was passed on February 10, 2003: - A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36.7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. 25 REGULAR MEETING MAY 12, 2014 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1. 12.1 -17. SECTION V. The Common Council herebv determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6.1.1.12.1 et sea SECTION Vl. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED� � NOT APPR00 Rod c.. — � �P1� CITY CL: "C ,, i.„ (SEND, IN REGULAR MEETING MAY 12, 2014 Presenter: Dale Davon- 17871 State RD 23- We built nine other homes in the neighborhood and looking for support on this as well. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Mr. Ferlic made a motion to adopt 14 -50. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14 -51 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT FOR THE TOWER AT WASHINGTON SQUARE LLC 27 REGULAR MEETING RESOLUTION N0. ` 13 lal— I MAY 12, 2014 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT FOR THE TOWER AT WASHINGTON SQUARE LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 211 West Washington, South Bend, Indiana, and which is more particularly described as follows: Lots 239 & 240 & Vac Alley W & Adj OP and which has Key Number 018 -1008 -0321 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2,5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years REGULAR MEETING MAY 12, 2014 29 REGULAR MEETING MAY 12, 2014 from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of four (4) years as shown by the attachment pursuant to Indiana Code 6- 1,1- 12,1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et, sea SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. r d+RESENYEO ��( I WT APPROAD kpa 'I -.1 L-1 V Rile 1 in Cipr %'3 Offic'a AP T. ZQ1� JOHN p DF CITY CLERK, 3QIJ N SEND, IN REGULAR MEETING MAY 12, 2014 Presenter- Andrew- 211 W Washington- I'll cut right to the chase if you have any questions I'll be more than happy to answer them. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Schey made a motion to adopt 14 -51. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14 -52 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 525 EAST COLFAX AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR COLFAX HILL PARTNERS, LLC 31 REGULAR MEETING RESOLUTION NO, H 3 � 2— MAY 12, 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 525 East Colfax Avenue AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR COLFAX HILL PARTNERS, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 525 East Colfax Avenue which is more particularly described as: Lots 89 -90 55 Ft W End Ea 0 P Lowell and Lot 89 44'N Side Ex 55' W End 0 P Lowell and 110 Ft E End Lot 90 22X110 Ft S Side E End Lot 89 0 P Lowell And which has Key Numbers 018 -5005 -0128, 018 - 5005.0129, and 018 -5005 -0130 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats REGULAR MEETING MAY 12, 2014 33 REGULAR MEETING MAY 12, 2014 showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Properly Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6- 1.1.12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6- 1.1- 12.1.3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. REGULAR MEETING MAY 12, 2014 SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V, The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council, SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of eight (S) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION Vll. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6-L 1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be the Common Council and approval by the; PRE Mto SY lL-ly F141 APP91G. r-1 ,ieOPrfv ,r -a 1I and effect from and after its adoption by Common Council Filed in Cie!Vs Office APR 2,8 2014 JOHN VOORDE CITY CLERK SOUIM SEND, IN 35 REGULAR MEETING MAY 12, 2014 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 14 -52 to the full Council favorably. Presenter - Rich Deal- 100 N Michigan- We are looking to do a mix -use retail project to help develop this area further. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Varner made a motion to adopt 14 -51. Councilmember Schey seconded the motion which carried by voice vote of eight (8) ayes. BILL NO. 14 -53 A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2013 AND ACCEPTANCE OF THE CF -1 REAL PROPERTY FORM AND FORM 322 WHICH SHOULD HAVE BEEN FILED UNDER RESOLUTION 4238 -13 FOR AMERIPLEX SUPERIOR PARTNERS LOCATED AT 5231 DYLAN DRIVE 36 REGULAR MEETING MAY 12, 2014 t RESOLUTION NO. '� 3 6 3 -I y A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2013 AND ACCEPTANCE OF THE CF -1 REAL PROPERTY FORM AND FORM 322 WHICH SHOULD HAVE BEEN FILED UNDER RESOLUTION 4238 -13 FOR AMERIPLEX SUPERIOR PARTNERS LOCATED AT 5231 DYLAN DRIVE Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common Council of the City of South Bend, Indiana commonly known as 5231 Dylan Drive, South Bend, Indiana had adopted RESOLUTION 4238 -13, pursuant to Indiana Code 6.1.1 -12. Ito be an economic revitalization area for purposes of six (6) year real tax abatement for Ameriplex Superior Partners. Whereas, Resolution 4238 -13 was presented and adopted by the Common Council on January 28, 2013. Whereas, Mr. Timothy Baker, Agent of Holliday Properties, states that the Form CF -1 Real Property and Form 322 were not filed by the May 15, 2013 deadline date due to staff turnover. Whereas, the tax bill which was to have been 100% abated results in a tax being due of $121,154.76; with the abatement the tax bill will be only S 11,679.58. Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. There has been a change in the personnel at Ameriplex Superior Partners and the required Form CF -1 Real Property and Form 322 were not filed due to that staff turnover. B. The stated property cannot afford this large tax bill at the present time. C. Ameriplex Superior Partners has invested $3,090,683 into the project. The company has exceeded their employment goals of 62 new positions on the original petition. The entire facility is now leased to one tenant that employs in excess of seventy people. E. The project is an outstanding asset to this community. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. REGULAR MEETING MAY 12, 2014 m REGULAR MEETING MAY 12, 2014 SECTION 111. The Common Council hereby waives the filing deadline of May 15th 2013 and pursuant to Indiana Code 6- 1.1- 12.1,4.8 adopts t ' r lution that authorizes acceptance. PAESEt71Ft! ?a. NOT Ar,MVE6 IWO... S -lL —ly MAY ,Et?"HN V001DE CITY CUM, SOUTH BEND, IN REGULAR MEETING MAY 12, 2014 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 14 -52 to the full Council favorably. Presenter- Tim Baker- 227 S Main St- We apologize for not filing the report, we had a change of staff at the time. The tax abatement had been applied, and went live it July 17' and a discussion going on right now to expand. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion to adopt 14 -51. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 32 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 122 S. NILES AVE., COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Area Plain Commission. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO 33 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PENN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5 DELDORA LLC 17716, 17802 & 17830 IRELAND ROAD, MISHAWAKA, IN 46544 This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Area Plan Commission. Councilmember Dr. Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS (Audio was cut at 281:41) NEW BUSINESS (Audio remained out) PRIVILEGE OF THE FLOOR (Audio resumed, Audio for City Council remained out 282:21) Bob Cher- Mishawaka, IN- I need a point of information, when you tabled will there be a public speaking at that 60 day meeting.... Just the committee, thank you. Theodore Robert- 261 Fredrickson St- We having a saying that when you start digging in a whole it is best to stop digging. Our Mayor is continuing to lie to us, there was a Press Release that my complaint was a matter of misunderstanding. The four page documents I provided was very clear. Our Mayor and our Chief broke the law, we did not do due diligence to investigate this. (Audio for the Council remained out) ADJOURNMENT 40 REGULAR MEETING MAY 12, 2014 There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 11:46 p.m. ATTEST: ATTEST: John Voorde, City Clerk Oliver Davis, President 41