Loading...
HomeMy WebLinkAbout04-10-17 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE April 10,2017 �I MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE S E BE APPROVED: I TIM SCOTT / d DAVID VARNER APPROVED BY THE COMMON COUNCIL ON: May 8, 2017 ATTEST: 16EMAH FONMYLIft, CITY CLERK REGULAR MEETING APRIL 10, 2017 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, April 10th, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Oliver Davis, Vice President of the Common Council of the City of South Bend, and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1St District, President Regina Williams-Preston 2nd District Randy Kelly 3rd District Jo M. Broden 4th District Dr. David Varner 5th District Oliver J. Davis 6th District, Vice President John Voorde At-Large Karen L. White At-Large ABSENT: Gavin Ferlic At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kareemah Fowler City Clerk Jennifer Coffman Chief Deputy Clerk Alkeyna Aldridge Deputy Clerk Graham Sparks City Clerk Secretary Aladean DeRose Interim Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Karen White made a motion that the minutes of the March 27th, 2017 meeting of the Council be accepted and placed on file. Councilmember Regina Williams-Preston seconded the motion which carried by a voice vote of eight(8) ayes. SPECIAL BUSINESS 17-14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING THE JOHN ADAMS HIGH SCHOOL TEAM "NOT NECESSARILY": THE 2017 INDIANA HIGH SCHOOL MOCK TRIAL COMPETITION STATE CHAMPIONS Councilmember Randy Kelly, 1325 East William Street, South Bend, IN, served as the presenter of this bill. Councilmember Kelly thanked Councilmember Jo M. Broden and City Clerk Kareemah Fowler for their involvement with this special resolution, and called to the podium those affiliated with the mock trial team"Not Necessarily." Councilmember Kelly then read the text of the resolution for the Council and public. 1 REGULAR MEETING APRIL 10, 2017 James Seitz, Principal of John Adams High School, 21984 Sandy Hill Court, South Bend, IN thanked the Council as well as the City of South Bend for their support. Mr. Seitz congratulated the members of"Not Necessarily" for not only committing twenty (20) or more hours a week to mock trial and, ultimately, representing South Bend on a national stage, but for doing so on top of regular school attendance, enrollment in college-level courses and other extracurricular activities. Elijah Grammer, Captain of"Not Necessarily," 1215 Woodlawn Boulevard, South Bend, IN, stated that he had been hoping that his team would win a State Championship ever since it formed during his freshman year. Mr. Grammer stated that it was a dream come true, and that all the team's hard work has paid off. He stated, It's great to have official recognition of that. Mr. Grammer thanked the Council on behalf of himself and his team. Councilmember Regina Williams-Preston stated, Congratulations. A wonderful achievement—I am so glad that you shared with us that you guys have been a team for a long time. That is fantastic news, and you're right: hard work pays off. I look forward to hearing from you again and bringing you back for the National Championship. Councilmember Jo M. Broden stated, Congratulations. You all have put forth so much work on this and it is great to see the fruits of all of your effort coming together at State. You're peaking at tournament time, which is a great time to peak. Good luck with nationals. I'll obviously be watching you very closely. Councilmember Dr. David Varner stated, Congratulations to you. Again, it seems like we do this ever ear. It never gets old. Kee it u . YY g p p Councilmember Oliver Davis stated, Congratulations. It's wonderful to have you every year. We're putting you down on the schedule again for next year. To have consistent success takes time. It just doesn't happen overnight. You said you started planning this in your eighth grade year. Dreams come true when we plan over time—they don't just show up overnight—and that's what you all have done. You have taken the time to really invest in your dreams, and that's what it's all about. As a person who works for South Bend schools, it really makes me proud, because sometimes when people talk about the negativity of South Bend schools, you bring our best out and you show why it's important and why we have a wonderful school system. It makes us proud to be employees of the South Bend Community School Corporation. I'm very glad that you are here. Councilmember John Voorde stated, Congratulations. I somewhat know what you have gone through. My daughter went through the mock trial program at Marian, six (6)years ago. It really was a rewarding experience. So, again, I congratulate you for all the time and effort you've put into it and I wish you success in the next step. Councilmember Karen White stated, I would like to add my words of congratulations for a job well done. You are truly amazing. As the principal has stated, you are involved in so many other activities, and you're working, and I know that you're outstanding students, as well. This really is a very positive picture for South Bend schools, but, most importantly, the work that you have done—all the support from your parents,the judge that is hiding somewhere back there, your coach,the principal, and anyone that has really been involved in working with you to the point that you're at now. Councilmember White asked the mock trial team how they got their name. Brendan Hayner-Slattery, 754 Leland Avenue, South Bend, IN, explained that the name came about because of a joke in reference to the fact that the phrase "not necessarily"was uttered many times in response to an objection or dispute in Law and Philosophy classes. Mr. Hayner- Slattery stated, It became sort of a joke. You can respond to anything—if you don't know it well enough—with"not necessarily." Councilmember Tim Scott stated, I just want to say congratulations, too. I don't have kids, and I am always proud. This is the second time that we've had a neighbor come through—Mr. Hayner- Slattery. So, it's good to see that in the neighborhood. This is what we can do in public school. You are learning at such a high level, you're learning skills that you are going to use throughout your life. At some point, there are going to be students, colleagues, kids that don't know or 2 REGULAR MEETING APRIL 10, 2017 haven't been trained in the skills that you guys have: pass that along. If each one of you guys pass that along, and then they pass it along, it's going to go far. So, please do that. Those from the public wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, congratulated and encouraged the members of"Not Necessarily." Jesse Davis, P.O. Box 10205, South Bend, IN, congratulated the members of"Not Necessarily." Oletha Jones, Education Sheriff of the NAACP, 1319 East Victoria Street, South Bend, IN, congratulated the members of"Not Necessarily" on behalf of the NAACP. Councilmember John Voorde made a motion to adopt Bill No. 17-14 by acclamation. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. REPORTS OF CITY OFFICES Representing the City Administration: James Mueller, Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:25 p.m. Councilmember John Voorde made a motion to resolve into the Committee of the Whole. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Vice President, presiding. Councilmember Oliver Davis explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 18-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF W. MONROE STREET THAT LIES APPROXIMATELY 179 FEET WEST OF S. LAFAYETTE BLVD Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Tim Corcoran,Director of Planning, with offices on the 14th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Mr. Corcoran stated that the map displayed for the Council and the public shows the portion of Monroe Street that is intended to be vacated. He stated, The new Berlin property is just to the north of this and will be needing part of the road as part of their project. Mr. Corcoran explained to the Council that, at an earlier meeting, they did not have an agreement prepared for the Council to look over, but that they now did. Mr. Corcoran submitted the agreement to Deputy Clerk Alkeyna Aldridge. Joe Hart, President of the South Bend Cubs, 501 West South Street, South Bend, IN, served as the petitioner of this bill. Mr. Hart stated that he had entered into a partnership with the neighboring church, Zion Hill Missionary Baptist Church, to minimize any potential problems for them with future construction. He added that they will partner up again, in the future, to help restore the church. Mr. Hart stated, Through us, the ball park, and with their help, we're going to do some different projects to raise money to help restore the church. 3 REGULAR MEETING APRIL 10, 2017 Councilmember Regina Williams-Preston asked Pastor Derrickson to share with the Council and public the importance of this timing for the church. Pastor Robert Derickson, Zion Hill Missionary Baptist Church, 3901 Circle Drive, South Bend, IN, stated that the church building was constructed in 1916, so there has been a centennial anniversary that has been celebrated. Pastor Derickson stated that the church has been active for thirty (30) years spreading the gospel and doing good deeds in the community such as feeding the hungry. Councilmember Regina Williams-Preston stated, Thus, I really want to thank you and Joe Hart and everybody who's involved. I think this is a beautiful example of how, as we move into this new phase in our community with the revitalization,that we can embrace what's new but also lift up what's been here, and work together to move forward. This is beautiful. Thank you. Interim Council Attorney Aladean DeRose stated that the access easement agreement that Mr. Corcoran submitted, which she had just reviewed, seems to comply fully with conditions set by the Board of Works. 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 from the public wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he supports the resolution but also supports the South Bend Cubs for respecting the Zion Hill Missionary Baptist Church. Mr. Brown stated, That means a lot to our community. None from the public wished to speak in opposition to this bill. Councilmember Karen White made a motion to send Bill No. 18-17 to the full Council with a favorable recommendation. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight(8) ayes. 19-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5, SECTION 2-52 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE ADDITIONAL FACILITIES TO BE OPERATED, MAINTAINED AND MANAGED BY THE SOUTH BEND CIVIC CENTER BOARD OF MANAGERS Councilmember Randy Kelly, Chair of the PARC Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Aaron Perri, Executive Director of Venues Parks &Arts, with offices at 321 East Walter Street, South Bend, IN, served as the presenter of this bill. Mr. Perri stated, The amendment you see in front of you is a piece of housekeeping to keep up with the new department that was created last fall—Venues Parks &Arts. You approve of the creation of that department and then also approved the budget.Now what we are seeking to do is to combine the legislative authority of the Civic Center Board of Managers to also include the Morris Performing Arts Center and the Palais Royale. Historically, over the past about seventeen (17) years, it's only been the Century Center under that legislative board. However, years prior to that, it included the Morris Civic Center, as it was known back then. Essentially,we are going back to what we have done. It's extending the authority of the Civic Center Board of Managers, as allowed by the piece of State legislation that's in play. Councilmember Oliver Davis asked, Because, currently, there has not been any management team that's been in charge of that? 4 REGULAR MEETING APRIL 10, 2017 Mr. Perri responded, There's no legislative board oversight at the Morris Performing Arts Center or the Palais Royale. Councilmember Oliver Davis asked, And, with this, we will have oversight over that piece? Mr. Perri responded, That's correct. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor or opposition to this bill. Councilmember Tim Scott made a motion to send Bill No. 19-17 to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. 20-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING A SCRIVENER'S ERROR IN ORDINANCE NO. 9717-06 AS TO THE DESCRIPTION OF REAL PROPERTY FOR THE VACATION OF CERTAIN PARTS OF FRANCES STREET Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Aladean DeRose, City Attorney and Interim Council Attorney, with offices on the 12th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. DeRose stated, It came to the attention of the Public Works Department that there was a scrivener's error—that is, a clerk's error—inadvertently done in an ordinance from 2006 in which a portion of Frances Street was vacated. The error was in the title itself, as well as in Section 1. This is simply to correct that unintentional error. The portion of the alley described as being vacated was the north-south alley, when in fact the reality was that it was the east-west portion of the alley. Nothing else has changed in the ordinance. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor or opposition to this bill. Councilmember Karen White made a motion to send Bill No. 20-17 to the full Council with a favorable recommendation. Councilmember Regina Williams-Preston seconded the motion which carried by a voice vote of eight(8) ayes. RISE AND REPORT Councilmember Tim Scott made a motion to rise and report to full Council. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of eight(8) ayes. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth (4th) floor of the County-City building at 7:41 p.m. Council President Tim Scott presided with eight (8) members present. BILLS–THIRD READING 5 REGULAR MEETING APRIL 10, 2017 BILL NO. 18-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF W. MONROE STREET THAT LIES APPROXIMATELY 179 FEET WEST OF S. LAFAYETTE BLVD Councilmember Oliver Davis made a motion to pass Bill No. 18-17. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of eight(8) ayes. 19-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5, SECTION 2-52 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE ADDITIONAL FACILITIES TO BE OPERATED, MAINTAINED AND MANAGED BY THE SOUTH BEND CIVIC CENTER BOARD OF MANAGERS Councilmember Karen White made a motion to pass Bill No. 19-17. Councilmember John Voorde seconded the motion which carried by a roll call vote of eight(8) ayes. 20-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING A SCRIVENER'S ERROR IN ORDINANCE NO. 9717-06 AS TO THE DESCRIPTION OF REAL PROPERTY FOR THE VACATION OF CERTAIN PARTS OF FRANCES STREET Councilmember Karen White made a motion to pass Bill No. 20-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 17-12 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 3701 PORTAGE RD. SOUTH BEND, IN 46628 Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Ayoka Paek, Zoning and Business Services Administrator, Building Department, with offices at 125 Lafayette Street, South Bend, IN, served as the presenter of this bill. Ms. Paek stated, This petition comes from the Area Board of Zoning Appeals with a favorable recommendation. It is for a special exception in the CB District for temporary auto sales. The petitioner is planning to just have a week-long sale, coming up very soon. They will be installing a tent and a mobile trailer for their office. There was no remonstrance at the ABZA meeting for this. Jim Brunette, General Manager of the Auto Part Automotive Group, 50954 Pine Ridge Drive, Granger, IN, served as the petitioner of this bill. Mr. Brunette stated that he seeks permission to 6 REGULAR MEETING APRIL 10, 2017 conduct a sale at the Wal-Mart store at 3701 Portage Road, South Bend, IN, to be held from April 25th, 2017 through Aril 28th, 2017. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor or opposition to this bill. Councilmember Oliver Davis asked if the petitioner had to come back before the Council every time they relocated to conduct a sale. Councilmember Tim Scott responded that they had to, as it is a special exception for that use. Ms. Pack stated that the special exception remains so long as the property continues to be used within one (1) year. She stated, My understanding is that we have had inquiries from other car places for this exact lot, as well, so this will help those guys. If they keep applying every year throughout the year, there shouldn't be an issue with needing to reapply. Councilmember Oliver Davis asked, So, if another place wants to use the lot at the Wal-Mart area, they wouldn't have to come before us because they've already come? Ms. Paek responded, Exactly. We just got a bunch of permit applications for the other Wal-Mart on Ireland, and since they got the special exception last year they didn't have to come back. Councilmember Karen White made a motion to adopt Bill No. 17-12. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight(8) ayes. 17-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS Councilmember Jo M. Broden, Chair of the Health and Public Safety Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Kareemah Fowler, City Clerk, with offices on the 4th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Clerk Fowler explained that this was the annual scrap metal licensing procedure. Clerk Fowler stated, Each scrap metal licensed dealer has to do an application every year and pay a$250 license fee to remain open and operating. To get to that point,they are reviewed by Code Enforcement,the Fire Department, and the Police Department. They inspect each site to make sure that they are in compliance. This year, there was a total of ten(10) scrap metal licenses. That is what we are bringing to you today for approval. Councilmember Oliver Davis asked if the ten (10) dealers to which Clerk Fowler referred were currently in operation. Clerk Fowler responded, Yes. Councilmember Jo M. Broden asked, When was the fee established for this at $250? Clerk Fowler responded, Long before my time. Councilmember Broden asked, It's one (1) visit annually by three (3) departments? Clerk Fowler responded, Yes. Councilmember Broden stated, We might want to look at that. Councilmember Davis stated, It could be more, depending on if there were problems. Councilmember Broden stated, Between the visits and the administrative—we might want to look at the fee. Councilmember Tim Scott stated, Or they can go out there if there's a complaint. I see where you're going, Ms. Broden. 7 REGULAR MEETING APRIL 10, 2017 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor or opposition to this bill. Councilmember Oliver Davis made a motion to adopt Bill No. 17-18. Councilmember Karen White seconded the motion which carried by a roll call vote of eight (8) ayes. BILLS FIRST READING BILL NO. 22-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF IRELAND ROAD AND LAFAYETTE BLVD., COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to send Bill No. 22-17 to the Area Board of Zoning Appeals for the meeting on May 3rd, 2017, and the Zoning and Annexation Committee for Second and Third Reading on May 8th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. UNFINISHED BUSINESS BILL NO. 17-17 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 226 E. INDIANA Councilmember John Voorde made a motion to send Bill No. 17-17 to the Area Board of Zoning Appeals for the meeting on May 3rd, 2017 and to the Zoning and Annexation Committee for the meeting on May 8th, 2017. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight(8) ayes. NEW BUSINESS Councilmember Oliver Davis announced that he, Councilmember Dr. David Varner and others, would be working on the issue regarding Amtrak, encouraging anyone to forward their thoughts on the matter to him. PRIVILEGE OF THE FLOOR Samuel Brown, 222 East Navarre Street, South Bend, IN, stated he has spoken to Councilmember Tim Scott and City Clerk Kareemah Fowler regarding citizens such as he and Jesse Davis who are present at every Common Council meeting to present unaddressed issues to the Council. Mr. Brown stated that he wanted to continue to work with Councilmember Scott to develop, in the absence of a dedicated form, a mechanism by which these issues can be better communicated to the Council, and questions can be better answered. Jesse Davis, P.O. Box 10205, South Bend, IN, stated that he has asked questions to the Council and put in FOIA requests to the Legal Department that have not been answered. Mr. Davis stated that as a citizen he should not have to repeatedly ask the same questions of these government entities to get answers. 8 REGULAR MEETING APRIL 10, 2017 Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated that the City needed to become a truly progressive one and raise wages for residents at the bottom before raising them for those at the top. Mr. Banicki-Critchlow also recommended that an ordinance be passed that bars elected officials for getting raises until after they have been re-elected. In that way, he stated, taxpayers can have a voice and determine whether or not the elected official is worthy of a raise. He stated that though there has been a need for a grocery store and pharmacy downtown, fifty percent(50%) of that project should not be subsidized by taxpayer dollars between the State and City to bring it to fruition. Mr. Banicki-Critchlow stated, If that's what it takes to make it happen, clearly it's not ready to happen yet. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 7:58 p.m. 9