Loading...
HomeMy WebLinkAbout09-14-09 Common Council Minutes REGULAR MEETING SEPTEMBER 14, 2009 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, September 14, 2009 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the August 24, 2009 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the August 24, 2009 meeting of the Council be accepted and placed on file. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3988-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING KENNEDY PRIMARY ACADEMY FOR BEING RECOGNIZED WITH THE INDIANA FOUR STAR AWARD FOR ITS ACADEMIC EXCELLENCE Whereas, the South Bend Common Council notes that the Indiana Four Star Awards program was established to recognize schools that have demonstrated academic excellence; and 1 REGULAR MEETING SEPTEMBER 14, 2009 Whereas,competing schools must place in Indiana’s upper quartile (25%) in student attendance rates, mathematics proficiency scores, language arts proficiency scores, and passing percentage of language arts and mathematics; plus must meet all “Adequate Yearly Progress” (AYP) standards promulgated under the No Child Left Behind (NCLB) federal statute; and Whereas, the South Bend Common Council notes that Kennedy Primary Academy located at 609 North Olive Street, South Bend, Indiana, provides an academically challenging curriculum which extends beyond the requirements of the Indiana Academic Standards by focusing on a child-centered environment which emphasizes critical thinking strategies and state-of-the-art technology for intellectual exploration by students and educators; and Whereas, as a new academic year begins, the South Bend Common Council is proud to acknowledge that South Bend Community School Corporation’s Kennedy Primary Academy is listed among Indiana’s Four Star Schools with the following scores: 75 Math T-Score 0.9815 Attendance 72 Eng/LA T-Score 94 Percent Pass Both Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates all of the students, teachers, academic and support staff of Kenney Primary Academyof the South Bend Community School Corporation for its academic excellence as an Indiana Four Star School, and wishes all of these individuals the very best in the 2009-2010 school year. Section II With the dawn of a new school year, the South Bend Common Council encourages all students, educators and parents in the City of South Bend, Indiana, to dedicate their efforts to working together to surpass the “Indiana Department of Education Vision” which provides that: “The academic achievement and career preparation of all Indiana students will be the best in the United States and on par with the most competitive countries in the world”. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 14 day of September, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING SEPTEMBER 14, 2009 Councilmember Henry Davis, Jr. 5117 Idlewood Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Kennedy Primary Academy Principal Kristine Torok. A Public Hearing was held on the Resolution at this time. Councilmember’s White and Dieter offered comments and wished Principal Torok much success in the future. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m. Councilmember Rouse made a motion to resolve into the Committee of the Whole. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello 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 Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 49-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2717 SOUTH MAIN STREET, 2721 SOUTH MAIN STREET, 2729 SOUTH MAIN STREET AND 217 OAKSIDE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from LB Local Business to GI General Industrial District to allow a mortgage services company which provides services such as mowing, demolition re-key, board-ups, and hauling away trash. The property will be used for storage of equipment and steel fabrication. She stated that on site is a vacant commercial building and two single family homes. To the north is an adult bookstore zoned LI Light Industrial District. To the east are three single family homes and Miller Hydraulic Service zoned LB Local Business District. To the south are single family homes zoned SF2 Single Family and Two Family District and vacant land zoned LI Light Industrial (Pending rezoning to GI General Industrial District.) to the west is Accucast Technology zoned GI General Industrial District. The total area is 1.10 acres. There is an 8,575 square foot building and two single family homes on the site. The buildings cover 11,434 square feet or 20% of the site. No parking is shown on the site plan. There are some paved areas around the houses, covering 5,161 square feet or 11% of the site. The open area is 31,173 square feet or 65% of the site. The site will need variances for setbacks and landscaping. To the south there is a pending rezoning from LI Light Industrial District to GI General Industrial District for the Orangensaft property. The rezoning is pending filing of written commitments. The City Engineer 3 REGULAR MEETING SEPTEMBER 14, 2009 recommends approval subject to drainage and access. No curb cut was shown on the site plan. Any new buildings or pavement must meet drainage calculations. The commercial building is vacant. The two single family homes are functioning as single family homes, however, the petitioners plan to raze them once they are vacated. The area has a mix of single family homes, businesses, and light industrial uses. The most desirable use is light industrial, commercial or office. She noted that it is responsible development and growth to protect the residential homes and business area by limited heavy industrial uses in this area. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. The staff would be more supportive of a LI Light Industrial zoning classification. The general area is a mixture of commercial, business and very light industrial uses. The rezoning of this property to the GI General Industrial classification would potentially introduce more intensive and incompatible uses than generally found for a multi-block area along Main Street. Ms. Nayder advised that the Area Plan Commission held a public hearing on this bill on Tuesday, August 18, 2009 and sends this bill to the Common Council with a favorable recommendation. Mr. James A. Master, Attorney at Law, 211 W. Washington Street, South Bend, Indiana, made the presentation on behalf of the owner Huffaker Enterprises, Inc. Mr. Masters advised that as you can tell by the site plan, the site consists of five lots. On the northeast corner of the parcel are two houses that are currently being used as residential. On the southeast corner is a building that formerly housed the Forest Sign Company. The site is currently zoned as Local Business. The building is currently vacant. The petitioner requests to rezone to general industrial uses. The contingent purchaser is called Company G, which is affiliated with Galloway Mortgage Services, which is located and operates just two blocks to the south of this site at 2511 S. Main Street. They have been in business on S. Main Street since 2003. They are from this area; they grew up in the 300 block of Oakside. The proposed use of the property is to use it for the Galloway Mortgage Services, which provides services to the mortgage servicing community. They provide services for homes in various stages of foreclosure; provide service to the bank, finance companies, hauling away the trash that may be left when the house is vacant. This property will be used for the storage of their equipment. There also may be some steel fabrication on-site in the building. This would be for repairs that they can take off site. The contingent purchaser presently intends to raise the single family homes that are on the site after the current occupants vacate the premises. The reason for the request for General Industrial use is there will be some outside storage of equipment; there will be some fabrication on-site inside the building. The purchaser’s intend to take the open area that is on the west side of the building and fence it and use it as a secure area for storage of equipment that requires General Industrial zoning. The Staff Report recommends against this and would rather see light industrial in the area. They say this is a mixed area of commercial, business and very light industrial uses. Yet the Staff Report tells us that immediately to the west of this property is the former Sibley Foundry. It is used by a company called Accucast and it is zoned General Industrial. Also, if you look at the site plan you will know that 300 feet south is the former Centennial Steel Factory, which is being rezoned General Industrial. The Staff Report indicates the zoning pending certain written commitments. This property is surrounded by other properties that are zoned General Industrial. It seems to be in keeping with the use of properties in that area. We are aware that this zoning will require certain variances as noted in the staff report, so that the zoning would be approved subject to getting those variances. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in favor of this bill. Mr. Shane Galloway, 17773 Bromley Chase, South Bend, Indiana, stated that he was born and raised in South Bend just a few blocks from this location, and has a business now close to the location. He stated that he is requesting this rezoning so that he can expand his business. He stated that they have been in business for about 25 years; and have been at this location for 6 years. He stated that they are looking to expand in 4 REGULAR MEETING SEPTEMBER 14, 2009 different areas and we need the added space. Mr. Galloway advised that they have had a multitude of thefts from vehicles to fuel being siphoned. They are in need for indoor storage and are looking to improve the area, which will help the property value of the building as well as other buildings in the area. He stated that he feels that in doing so it is contagious. Buildings like Miller Hydraulic and a couple others are improving the area and they are looking to do the same thing. He stated that they are good corporate neighbors. Mr. Galloway stated that they plan on making a long-term investment here in South Bend. He asked the Council for their favorable consideration. There was no one present wishing to speak in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54-09 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 5 PLANNED UNIT DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL Councilmember Dieter made a motion to continue this bill until the October 26, 2009 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9877-08 TO APPROPRIATE AN ADDITIONAL $130,000.00 AND TO READJUST AND REDUCE CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) BILL NO. 59-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $750,873 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, JUNE 5, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 5 REGULAR MEETING SEPTEMBER 14, 2009 Councilmember Varner made a motion to combine these bills for purpose of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on these bills this afternoon and sends them to the full Council with no recommendation. th Ms. Pam Meyer, Director, Community & Economic Development, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that Bill No. 58-09 will amend the CDBG appropriation Ordinance No. 9877-08 which the Council passed on November 10, 2008. The overall appropriation is being increased by $130,000, and certain project allocations are being adjusted and reduced. Ms. Meyer noted that this is a companion to Bill No. 59-09. Ms. Meyer noted that this bill would add the increased award amount of $130,000. Reduce the allocation to Code Enforcement for the demolition of vacant and abandoned properties. Delete funding for the Dunbar Corner Rehab which is covered under Bill 59-09. Add the rehab of the Hansel Center for the Notre Dame Center for Arts and Culture, and the former Engman Natatorium, as the Civil Rights Heritage Center. Ms. Meyer noted that she sent an e-mail to the Council on June 23, 2009 and met with some Council Members advising of these changes and that they were recommended after a consultation with the Department of Housing and Urban Development (HUD) based on the funding best suited for each project. Ms. Meyer stated that these changes were the subject of a notice printed in the South Bend Tribune on June 24, 2009, a 30 day public comment period that ran thth from June 25 to July 24, 2009 and a Public Hearing on July 7, 2009. Additionally Ms. Meyer further advised that Bill No. 59-09 would appropriate monies in the CDBG Recovery fund and allocate new funds in accordance with the 2008 Action Plan and Amendment of the Housing and Community Development Plan submitted to the Department of Housing and Urban Development on June 5, 2009, and further amended and resubmitted on June 15, 2009. Ms. Meyer stated that the funds being made available are part of the American Recovery and Reinvestment Act of 2009 (ARRA) and represent a one time formula allocation to South Bend as an entitlement community. She stated that the CDBG-R funds have a slightly different focus than regular CDBG funds. CDBG-R funding is provided as an immediate stimulus to the economy as well as to provide long term improvements. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, urged the Council’s favorable recommendation for this bill. He advised that the rehab of the Natatorium and the Hansel Center are great projects. He noted that Indiana University South Bend has partnered to rehab the former Engman Natatorium as the Civil Rights Heritage Center and the University of Notre Dame has partnered for the rehab of the Hansel Center as the Notre Dame Center for Arts and Culture. Ms. Marguerite Taylor, 714 E. Corby, South Bend, Indiana, stated that she used to work at the former Hansel Center and this project will allow for the rise from ashes to the Phoenix just like the Eddy Street Commons Project on the east side of town. She stated that this area of town needs to have projects like the Civil Rights Heritage Center and the Notre Dame Center for Arts and Culture. She urged the Council’s favorable consideration. Mr. Alfred Guillaume, Vice-Chancellor, Indiana University South Bend, 1700 Mishawaka Avenue, South Bend, Indiana, stated that these projects are Beacon’s of Hope for the residents of the neighborhood. He stated that Mayor Luecke along with Chancellor Reck have written a letter to First Lady Mrs. Obama to attend the opening of the Civil Rights Heritage Center and are awaiting a response. He asked for the Council’s favorable consideration. 6 REGULAR MEETING SEPTEMBER 14, 2009 Ms. Dina Harris, Indiana University South Bend, Project Director, stated that this project is a wonderful partnership between IUSB; South Bend Heritage Foundation; Temple Bethel, and the Granger Church. She stated that the churches however cannot donate money, but donate their time and talents. She stated that it is those great community efforts that make the Civil Rights Heritage Center such a wonderful project for not only the residents of the neighborhood but for the entire community. She urged the Council’s favorable consideration. Mr. Allert Brown-Gort, 230 McKenna Hall, Associate Director, Institute for Latino Studies University of Notre Dame, stated that he is in full support of this bill. He noted that the Center for Social Concerns along with Downtown Notre Dame partnered with Indiana University South Bend and the Center for History to help transform the community and engage in outreach both on and off campus. He asked the Council for their favorable consideration. Gladys Muhammad,Associate Director / Director of Colfax Campus, South Bend Heritage Foundation, 803 Linconway West, South Bend, Indiana, stated that she is in full support to improve the west side of South Bend. She stated that this is a quality of life and public safety issue that has been a concern of many of the residents of the West Washington Street Neighborhood. She urged the Council to vote favorably on this bill. Mr. John Hamilton, 913 W. Colfax, South Bend, Indiana, stated that he is a member of the Near West Side Neighborhood Association and that they are vey enthusiastic about these projects. He stated that he lives across the street from the Dunbar Corners and the Center for History. He stated that he understands that these two projects will be taken off the property tax rolls however, the argument is that they have not been generating any tax dollars while they have been sitting vacant either. He advised that the economy and real estate market is not going to support any private investment in either of the buildings. He strongly urged the passage of this bill. Ms. Maureen Bolton, 625 W. Colfax Avenue, South Bend, Indiana, urged the Council to vote in favor of this bill. She stated that the neighbors are very enthusiastic to have these buildings revitalized. Mr. Christoper Nanni, Vice-President, Community Foundation of St. Joseph County, 205 W. Jefferson Blvd., South Bend, Indiana advised that the Natatorium project is a good project with many benefits to the entire community. He asked the Council for their favorable consideration. Ms. Becky Zaseck, President/CEO, Real Services of St. Joseph County, urged the Council for their favorable consideration. There was no one present wishing to speak in opposition to this bill. Councilmember Kirsits asked Ms. Meyer how many units at the Dunbar Corner? Ms. Meyer stated twenty five (25). Councilmember Rouse questioned the usage of CDBG Fund in new projects instead of going to already established centers such as the Martin Luther King, Jr. Center and Charles Black Center. Ms. Meyer advised that no applications were received for funding from the Martin Luther King Center or the Charles Black Center. Mayor Luecke advised that with the additional local option income tax, programs won’t be cut at those centers; they may just be scaled back. 7 REGULAR MEETING SEPTEMBER 14, 2009 Councilmember Rouse advised that with House Enrolled Act 1001, the Charles Black Center and the Martin Luther King Jr., Center need to be filling out those applications for funding. Councilmember White stated that she is in full support of CDBG and CDBG-R. She suggested that the Council needs to review funding standards of TIF dollars along with CDBG and CDBG-R funds are being allocated and spent. She reiterated that she is in full support of Bill No. 58-09 and 59-09. She stated that she is very aware of Council Member Rouse’s concerns and suggested that the Council work closely on those concerns regarding the Martin Luther King Jr. Center and the Charles Black Center. Councilmember Varner suggested creating endowments so those centers can be completely self-sufficient. Councilmember Henry Davis stated that the area is in dire need of economic growth. He reiterated the need to spread tax dollars out and create new growth and business in the area. There being no one else present wishing to speak to the Council either in favor of or in opposition to these bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 58-09. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) Additionally; Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 59-09. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis) BILL NO. 60-09 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 BILL NO. 61-09 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 62-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Varner made a motion to combine these bills for the purpose of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING SEPTEMBER 14, 2009 Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee met on Bill Nos. 60-09; 61-09 and 62-09 this afternoon and voted to send them to the full Council with no recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Mayor Luecke advised that the City’s General Fund budget for 2010 of $61.954 million represents an 8 reduction due to revenues lost as a result of the property tax cuts. He stated that thanks to the Public Safety Local Option Income Tax and federal stimulus funding, the Police and Fire Departments are budgeted at full strength for 2010. The Police department has funding for 260 sworn officers, while the Fire department can sustain 248 sworn firefighters. He stated that the additional funding restores the on-street public safety presence; it allows no room for new operations growth. Collective bargaining negotiations continue with representatives of employees in both police and fire departments to make changes to allow the fund restoration to work effectively to deliver services. He stated that the parks facilities and programs preserved by the Local Option Income Tax Revenue. It enabled the City to keep several facilities open, including the East Race Waterway, both city swimming pools, the Newman Recreation Center, Howard Park Ice Rink, Potawatomi Zoo, and several recreation programs, including learn-to-swim and summer activity and lunch programs. He stated that Neighborhood Code Enforcement Inspectors will be restored to Full-Time in the City of South Bend’s proposed 2010 budget. He advised that Inspectors in the Department of Code Enforcement originally had proposed cutting back to 32 hour work weeks as a way to retain all staff. He stated that during budget hearings priority was given to undiminished code enforcement and led to re-adjust other allocations in order to retain all Code inspectors at full-time levels. Mayor Luecke advised that 56 positions cut for 2010, this is on top of 25 position reductions this year. Since 2000, the City has cut 206 positions or 15 percent of its workforce. He advised that for the second consecutive year, non-bargaining employees will not receive a pay increase. He stated that in 2009, all Department Heads took a 5 percent salary cut as well as himself. He noted that collective bargaining employees continue to receive previously negotiated increases. He stated that the City will make changes in the application of its health plan, eliminating a $500 contribution to a flexible medical spending account for each City employee a $600,000 savings and going to an 80/20 health insurance plan (1.3 million savings.) He stated that despite new Local Option Income Tax Revenue which restored public safety and parks priorities, many City Departments, especially “general government” departments, will experience the full impact of budget cuts originally anticipated before the LOIT. Even with additional revenue anticipated from the adoption of the LOIT, the 2010 budget projects a loss of more than $6 million in property tax revenue; significantly less than the anticipated loss of $22 million without the LOIT. He stated that South Bend’s fiscal challenges, exacerbated by the state’s property tax caps, are no different than other U.S. Cities. According to the National League of Cities report, “City Fiscal Conditions in 2009”, this is “the worst outlook the report has detailed in 24 years.” Mayor Luecke stated that the City will continue to look at new revenue streams and income sources other than property taxes as a way to help the City live within its means in the proposed 2010 budget. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented a power point presentation. A copy is on file in the office of the City Clerk. Councilmember Varner stated that since the City is not borrowing money at this time is it necessary to keep a AAA Bond rating? He questioned what the cost savings is between AA vs. AAA ratings. He stated that the City needs to increase the tax base and not just in TIF areas. He asked what kind of plans are there to increase the tax base outside of the Tax Incremental Finance areas. 9 REGULAR MEETING SEPTEMBER 14, 2009 Mayor Luecke stated that those are great topics and need to be discussed at a greater length and requested further discussion at a later date. Council President Dieter thanked the Council for working together with the City Administration and the St. Joseph County Council to pass the Local Option Income Tax Legislation. He stated that he was very disappointed in the Mishawaka City Council not stepping up to the plate and cooperating in these very difficult financial times. Councilmember Rouse asked Gary Gilot, Director, Public Works if there has been a downturn of staff in the Engineering Department. Mr. Gilot stated that they have restructured the Engineering Department and that they have looked at other revenue sources to pay for employees in that department. He reiterated that there have been no reductions in staff in the Engineering Department. Councilmember Henry Davis asked Mr. Gilot what is involved when the City puts in a new street. He questioned if the job has to be changed or there is a problem what is the percentage on that change. Mr. Gilot stated that some jobs are unusual conditions, such as when the infrastructure needs more than originally assessed. He stated that it is usually more human error such as in measuring or when they need to bring in more fill for the base. He stated that the change order experience is roughly 3% deductive. There being no one else present wishing to speak to the Council either in favor or in opposition to these bills, Councilmember Varner made a motion to continue Bill No. 60- 09 to the September 28, 2009 meeting of the Council in the Council Portion Only and refer back to the Personnel & Finance Committee. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter made a motion to continue Bill No. 61-09 to the September 28, 2009 meeting of the Council in the Council Portion Only and refer back to the Personnel & Finance Committee. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter made a motion to continue Bill No. 62-09 to the September 28, 2009 meeting of the Council in the Council Portion Only and refer back to the Personnel & Finance Committee. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole 10 REGULAR MEETING SEPTEMBER 14, 2009 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:50 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9952-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2717 SOUTH MAIN STREET, 2721 SOUTH MAIN STREET, 2729 SOUTH MAIN STREET AND 217 OAKSIDE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9953-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9877-08 TO APPROPRIATE AN ADDITIONAL $130,000.00 AND TO READJUST AND REDUCE CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) ORDINANCE NO. 9954-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $750,873 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, JUNE 5, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 11 REGULAR MEETING SEPTEMBER 14, 2009 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) RESOLUTIONS RESOLUTION NO. 3989-09 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 4701 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. 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 Schafer Gear Works, Inc. South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (SE 1/4) of Section 20 and part of the Southwest Quarter (SW ¼) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots numbered (10) ten and (11) eleven as shown on the recorded plat of the H.G. Baus Centre – Phase One, recorded March 16, 1995, as document number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. and which has Tax Key Number 18-3042-1621 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development 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: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be 12 REGULAR MEETING SEPTEMBER 14, 2009 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; 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 as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that 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 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development 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 (5) five years. 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 and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Stan Blenke, Executive Vice President, Schafer Gear Works, Inc., 4701 Nimtz Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Blenke advised that Schafer Gear Works manufactures gears and machined components to customer specifications. The company has received new business from three customers that require the purchase of new equipment. The equipment consists of three CNC lathes, one CNC hobbing machine, one CNC gear grinding machine, one CNC machining center, two deburring machines and one internal gear grinding attachment. The total estimated cost of the equipment is $2,800,000. He stated that it is estimated that the project will create eight (8) new, permanent full-time positions with an 13 REGULAR MEETING SEPTEMBER 14, 2009 annual payroll of $249,600. The project will also maintain sixty-seven (67) existing permanent full-time positions with a total annual payroll of $2,852,281. 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 Varner made a motion to adopt this Resolution. Councilmember Henry Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 68-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 69-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2010 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on September 28, 2009. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 14 REGULAR MEETING SEPTEMBER 14, 2009 BILL NO. 71-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on September 28, 2009. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL’S COMMUNITY RELATIONS COMMITTEE This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community Relations Committee and set it for Public Hearing and Third Reading on September 28, 2009. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 28, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 74-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 15 REGULAR MEETING SEPTEMBER 14, 2009 BILL NO. 75-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDING $1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) AND $300,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 28, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR SEWAGE WORKS BOND DEBT SERVICE RESERVE OBLIGATION AND CLOSING FUND #650 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on September 28, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM THE AREA BOARD OF ZONING APPEALS BILL NO. 09-59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT: TWO VACANT LOTS NUMBERED 826 AND 827, 40 FEET EAST OF KALEY STREET, DIRECTLY EAST AND ADJACENT TO ROSIE’S KAZBAR (2644 W. WESTERN AV.) ON THE SOUTH SIDE OF WESTERN AVENUE, SOUTH BEND, INDIANA 16 REGULAR MEETING SEPTEMBER 14, 2009 BILL NO. 09-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 616 N. ST. PETER STREET Councilmember Puzzello made a motion to refer Bill Nos. 09-59 and 09-60 to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on October 12, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09-61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA Councilmember Varner made a motion to refer Bill No. 09-61 to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on September 28, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 9:08 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 17