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HomeMy WebLinkAbout12-14-09 Common Council Minutes REGULAR MEETING DECEMBER 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, December 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 Timothy Rouse At-Large Karen L. White At-Large Absent: Al “Buddy” Kirsits At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy Aladean DeRose Chief Assistant City Attorney Absent: Kathleen Cekanski-Farrand Council Attorney 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 November 23, 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 November 23, 2009 meeting of the Council be accepted and placed on file. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 4005-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING SOUTH BEND’S LEGENDARY DRUMMER AND WORLD CLASS PERCUSSIONIST BILLY “STIX” NICKS ON HIS TH 75 BIRTHDAY , Whereas the Common Council of the City of South Bend, Indiana, notes that on th the 8 day of December, 1934, William Tyrel Nicks was born to Wyze and Alma Nicks, who were then share croppers on a large cotton plantation in Greenwood, Mississippi and from his grandfather Ben O’Bannon he developed an life-long interest in Black History which he continues to pursue today; and 1 REGULAR MEETING DECEMBER 14, 2009 , Whereas in the Fall of 1934 the Nicks family moved to South Bend, Indiana, where William Tyrel Nicks later attended Central High School. Here is where he earned the name Billy “Stix” Nicks from Jackie Ivory because of his obsession to practice his drum sticks on just about everything in the school; and Whereas, in the Fall of 1952, self-taught drummer Billy “Stix” Nicks and his quartet played at weekly sock hop dance parties at all of the local high schools; in 1953- st 1954 Billy was the 1 Black to be elected Vice-President of the South Bend Central st Student Council; was the 1 Black to make Central’s Gymnastics Team; from 1953 to 1955 Billy’s band “The Blue Notes” became widely known for their showmanship as the Whopper Bopping Show Stoppers; and in 1955 Billy was awarded the Herring House Youth Achievement Award for being instrumental in having Jackie Robinson visit the Herring House; and , Whereas after his graduation from South Bend Central High School in 1954, Billy “Stix” Nicks and “The Rhythm Rockers” played at the Morris Park Country Club; and in 1956 and 1957 they were hired to do the Club 46 WNDU TV afternoon teen party dance shows until Billy was drafted into the US Army in 1958 where he played as a percussionist for the Army Band at Fort Benning Georgia; and , Whereas as a member of the US Army Band, Billy “Stix” Nicks traveled to Germany and later studied Black History in Denmark and Sweden; and following his honorable discharge eventually joined forces with “Jackie Ivory and The Gents of Soul” which led to several record recording releases at Soul Discovery, LP; Atco/Atlantic Records; Universal Studios; Motown/Soul record labels; and , Whereas Billy “Stix” Nicks has earned many, many musical accomplishments and has played at the Apollo Theater in New York, at Harvard University, at the Regal Theatre in Chicago; at Shea Stadium - just to highlight a few and has performed with Louie Armstrong, Sammy Davis, Jr., The Fifth Dimension, Gladys Knight and the Pips, The Four Tops, The Isley Brothers, The Supremes, and Dionne Warwick; with the “Billy Nicks Jazz Trio” topping the Dick Clark National Band Stand television show; & received a Key to the City from Mayor Luecke on December 5, 2009. 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 honors and celebrates with a very grateful South Bend community the many, many accomplishments of the very talented and gifted drummer th and world class percussionist Billy “Stix” Nicks as he continues to celebrate his 75 birthday. Section II. The South Bend Common Council honors Billy “Stix” Nicks for his sincere dedication and passion to becoming a world-class drummer which has earned him a teaching position at the University of Notre Dame where he has taught percussion since 2004 as an Adjunct Professor. Section III. The Common Council of the City of South Bend believes that the special talents of the very gifted Billy “Stix” Nicks are best summarized in Billy’s own words: “I just shut everything out and just concentrate on what I’m doing there. One thing I realize, music is a spiritual thing, and with me that’s what I’m dealing with…” Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 2 REGULAR MEETING DECEMBER 14, 2009 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 Attest: Adopted this 15 day of December, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Timothy Rouse, 605 N. Cherry Tree Lane, 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 Mr. Billy “Stix” Nicks. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Nicks thanked the Council for this honor. He stated that the greatest recognition is made by one’s hometown. He stated that by the Grace of God he has been blessed to bring joy to world through his music. Mr. Nicks stated that he loves to teach to all ages especially youngsters who also learn the valuable lesson of respect and responsibility. He stated that he is still trying to figure out what he is doing to deserve all this. Councilmember Rouse made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 4006-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING TWO WASHINGTON HIGH SCHOOL SENIORS, LAUREN MILLER AND MALCOLM WHITE, FOR HEROICALLY ADMINISTERING CPR TO HELP SAVE A LIFE AND SALUTING THE WASHINGTON HIGH SCHOOL MEDICAL/ALLIED HEALTH SCIENCES MAGNET PROGRAM Whereas, the Common Council of the City of South Bend, Indiana, notes that the American Heart Association adopted new CPR science guidelines in 2005 which are used as the basis for teaching cardiopulmonary resuscitation (CPR); and Whereas, CPR is a combination of rescue breathing and chest compressions delivered to victims thought to be in cardiac arrest, with the American Heart Association stating that CPR can support a small amount of blood flow to the heart and brain to “buy time” until a normal heart beat is restored; and Whereas, statistics show that “effective bystander CPR, provided immediately after cardiac arrest, can double a victim’s chance of survival” and that “if bystander CPR is not provided, a sudden cardiac arrest victim’s chances of survival fall 7% to 10% for every minute of delay until defibrillation”; Whereas, the South Bend Common Council is especially proud to honor two (2) South Bend teenagers, Lauren Miller and Malcolm White, who called 911 and then administered CPR, the unconscious woman was then transported by ambulance to Memorial Hospital for further medical treatment; and 3 REGULAR MEETING DECEMBER 14, 2009 Whereas, the South Bend Common Council commends all of the individuals associated with the Washington High School Medical/Allied Health Sciences Magnet Program which offers a science-oriented course of study for students pursuing either a Core 40 or Academic Honors which requires among other things a minimum 3.0 GPA, a 95% attendance rate, a minimum of 200 hours of community service and adherence to the Medical/Allied Heath Sciences Magnet Standards for Success, Ethics and Professionalism. 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 honors two (2) South Bend Washington High School seniors, Lauren Miller and Malcolm White, both certified in cardiopulmonary resuscitation, who acted quickly and with courage and determination in successfully administering CPR to a 78-year-old woman who had stopped breathing following a University of Notre Dame Women’s Basketball game on November 3, 2009. Section II. The South Bend Common Council honors Lauren Miller who is a st member of the Girlfriends Leadership Group, is a 21 Century Scholar, does volunteer work for St. Mary’s Convent Center and is involved in varsity volleyball, basketball and summer league softball. Lauren plans to study nursing after high school. The South Bend Common Council also honors Malcolm White who is President of Voice at Washington High School, is a 4 year letter winner in wrestling and baseball, a 2007 season MVP in baseball, is a volunteer wrestling assistant coach at LaSalle Intermediate School and plans to continue school at IPFW on a baseball scholarship. Malcolm plans to study sports medicine. Section III. The Common Council of the City of South Bend salutes and congratulates all persons involved with the Washington High School Medical/Allied Health Sciences Magnet Program and wishes Lauren Millerand Malcolm White continued success, for they are true role models and heroes in our community. Section IV. 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 Attest: Adopted this 15 day of December, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 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 Lauren Miller and Malcom White. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mayor Luecke presented plaques to Lauren and Malcom in recognition of their courage and determination in administering CPR to a 78 year old woman who had stopped 4 REGULAR MEETING DECEMBER 14, 2009 breathing following a University of Notre Dame Women’s Basketball game on November 3, 2009. Malcom and Lauren thanked the Council for this honor. Additionally, Councilmember’s White, Varner, Rouse and Dieter offered comments and thanked Lauren and Malcom for their courage and determination and wished them continued success in the future. Councilmember Henry Davis, Jr., made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m. Councilmember LaFountain made a motion to resolve into the Committee of the Whole. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) 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. 13-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Rouse made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Vice-Chairperson, Zoning and 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, 227 W. Jefferson Boulevard, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from LI Light Industrial District to MU Mixed Use District to allow mixed use with office, retail, live entertainment, café, and apartments. On site is an existing building. To the north is a vacant building zoned LI Light Industrial District. To the east is the NIPSCO garage and storage facility zoned LI Light Industrial District. To the south is a Pepsi distribution plant zoned LI Light Industrial District. To the west are single family homes zoned SF2 Single Family and Two Family District. She stated that the total area of the site is 0.94 acres. The building is 13,942 square feet or 35% of the site. Thirty parking spaces are provided. Paved areas cover 49% of the site. The remaining 17% is open space. Because the building is existing, variances will be needed for setbacks, landscaping and number of parking spaces. This petition was originally submitted in March of 2008. Subsequently, the petitioner requested that the petition be held until all required information was able to be provided. Ms. Nayder noted that the most desirable use is an adaptive reuse of the building that blends in well with past redevelopment efforts and the surrounding property values should not be affected. She stated that it is responsible development and growth to allow the adaptive reuse of a currently vacant building into a community benefit. She stated that the Area Plan Commission held a public hearing on 5 REGULAR MEETING DECEMBER 14, 2009 Tuesday, November 17, 2009 and sends this bill to the Common Council with a favorable recommendation. Ms. Nayder advised that this adaptive reuse of an existing vacant building will blend in well with the redevelopment that occurred on the west side of High Street. The proposed mix of uses will be an asset to the surrounding neighborhood. Mr. Bill Owen, President, Bosh Design Group, Inc. P. O. Box 322, Osceola, Indiana, made the presentation on behalf of the owner Mr. Rami Sadek co-owner of LangLab LLC.. Mr. Owen advised that the reason for the substitute bill is that his client who was the contingent purchaser is now the owner of the property. Mr. Owen stated that the LangLab concept is to provide an entertainment, education and restaurant venue in South Bend. The establishment will provide a live entertainment venue; a café; office space rental; a retail component; offering arts-based retail merchandise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. Rami Sadek, 19543 Darden Road, South Bend, Indiana stated that the best way is to start with the technical aspect of it and it is simply two words. The first is incubator space. He stated that we all have our degrees from around here and we all have jobs from around here and he thought it would be a really good thing for the economy for us to live in a community that allows us to do what our hearts and minds are in. Incubator space came about, to provide a space for local people who have an idea who want to try to do it, but perhaps don’t have the capital or space to do it. They would come in and do what they want to do and if it works. The other word is salvage. If you have something in your hearts and minds you look at it several ways and try to make it better or maybe improvise on it. We are taking something that is already existing and we take it and provide a space for people to come in. 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 Rouse asked Mr. Sadek why it has taken so long for this petition to have a public hearing. Mr. Sadek explained that he wanted to take time and meet with all the various departments and neighbors to make sure that he had all the proper information to go forward. Mr. Sadek also stated that with the downturn in the economy he was unsure of how to approach it. Councilmember Rouse asked Mr. Sadek if he had any conversation with St. Matthew’s Cathedral. Mr. Sadek stated no. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. BILL NO. 57-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to have this bill withdrawn at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 6 REGULAR MEETING DECEMBER 14, 2009 BILL NO. 91-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $123,135 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Ms. Pam Meyer, Director, Community & Economic Development, 12 Floor County- City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would appropriate $123,135 in 2010 Emergency Shelter grant (ESG) funds as part of the 2010 Action Plan of the 2010-2014 Housing & Community Development Plan. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 92-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9924-09 TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Ms. Pam Meyer, Director, Community & Economic Development, 12 Floor County- City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this substitute bill reflects the final dollar amount was adjusted in Section I, page 2, to be consistent with the total Neighborhood Stabilization Program (NSP) appropriation in Ordinance No. 9924-09. She stated that the modification had been made to the original bill prior to filing, but inadvertently filed an earlier draft. She stated that the other change in this bill is in the language of the last column caption in Section I, from the phrase “Net Change” to “Shift.” 7 REGULAR MEETING DECEMBER 14, 2009 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 Rouse asked why the revision from HUD happened. Ms. Meyer stated that they resubmitted the proposal to include the dollar houses. There being no one present wishing to speak to the Council either in favor of or 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 eight (8) ayes. BILL NO. 93-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TEMPORARILY TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY PENDING RECEIPT OF PROPERTY TAX DISTRIBUTION Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that this bill is a substitute because the original bill did not contain dollars sums because additional time was needed to calculate the required dollars to be transferred. Additionally, he stated that this bill would allow a temporary transfer of monies to depleted funds pending property tax distributions which, again, have been delayed. 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 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. 94-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9863-08, WHICH FIXED NON BARGAINING EMPLOYEE WAGES IN 2009, TO DEFINE FULL AND PART-TIME EMPLOYEES Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 8 REGULAR MEETING DECEMBER 14, 2009 th Gregg Zientara, City Controller, 12 Floor, County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that last year on September 8, 2008, the South Bend Common Council passed Ordinance No. 9863-08 which fixed the salaries and wages on non bargaining employees for the City of South Bend in calendar year 2009. That ordinance did not define full and part-time employees, and it did not clearly identify the information received by City employees regarding the medical insurance program. The attached ordinance amends Ordinance 9863-08 by defining full and part-time employees and specifying the nature of information received by employees regarding their health insurance plan. He stated that this bill provides for retroactive effect to January 1, 2009, in the event of any interpretation issue that may arise in the future concerning the 2009 salary 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. There being no one present wishing to speak to the Council either in favor of or 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. 95-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 OF $158,850 FROM GENERAL FUND (#101) BILL NO. 96-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 INCLUDING $38,169 FROM WATER WORKS SINKING FUND (#625), $86,700 FROM SEWER INSURANCE FUND (#640), $100,000 FROM SEWAGE WORKS OPERATIONS FUND (#641), $35,000 FROM PROJECT RELEAF FUND (#655), AND $269,172 FROM CENTURY CENTER FUND (#670) Councilmember Rouse made a motion to combine these bills for purposes of Public Hearing. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on these bills this afternoon and voted to send them to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor, County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that the City’s 2009 budget was passed on November 10, 2008, Ordinance No. 9874-09. He stated that since then certain unanticipated expenses have arisen which require the appropriation of additional funds. He stated that Bill No. 95-09 would appropriate an additional $158,850 dollars from General Fund #101 for the Police Department. Additionally, Mr. Zientara stated that Bill No. 96-09 would appropriate a 9 REGULAR MEETING DECEMBER 14, 2009 total of $529,041 from various funds Water Works Sinking Fund #625, Sewer Insurance Fund #640, Sewage Works Operation Fund #641, Project Releaf Fund #655 and Century Center #670. This being the time heretofore set for the Public Hearing on the above bills, 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 these bills, Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 95-09. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 96-09. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 97-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2009 Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor, County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that unforeseen conditions have developed since the adoption of the existing budgets which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2009. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 98-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $156,000 FROM RECREATION-NONREVERTING FUND (#203), $22,100 FROM CENTRAL SERVICES FUND (#222), $170,000 FROM LOSS RECOVERY FUND (#227), $4,000 FROM EAST RACE WATERWAY FUND (#271), $1,191,779 FROM EMS/FIRE CAPITAL IMPROVEMENTS FUND (#288), $135,000 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $32,200 FROM COVELESKI STADIUM CAPITAL FUND (#401), $281,150 FROM PARKS NONREVERTING CAPITAL FUND (#405), 10 REGULAR MEETING DECEMBER 14, 2009 $32,775 FROM CONSOLIDATED BUILDING DEPARTMENT FUND (#600), $639,500 FROM WATER WORKS CAPITAL FUND (#622), $758,950 FROM SEWAGE WORKS CAPITAL FUND (642), $58,200 FROM PROJECT RELEAF FUND (#655), AND $552,450 FROM CENTURY CENTER FUND (#670) BILL NO. 99-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $356,770 FROM GENERAL FUND (#101),$498,853 FROM PARKS & RECREATION FUND (#201), $999,850 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $1,845,726 FROM LOCAL ROAD AND STREET FUND (#251), $1,170,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $523,800 FROM CUMULATIVE CAPITAL DEVELOPMENT FUND (#406), AND $469,200 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) Councilmember Rouse made a motion to combine these bills for purposes of Public Hearing. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on these bills this afternoon and voted to send them to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South th Bend, Indiana, and Mr. Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill is the capital budget for 2010. The bill requests $9.9 million for 2010 compared with investment levels of more than $18 million annually in 2007 and 2008. He stated that spending in 2009 is $3.1 million, a dramatic reduction from prior years in light of the uncertainty with property tax revenues. He stated that this capital expenditure budget includes road work, new police vehicles, fire equipment and needed maintenance for city-owned facilities. It seeks to replace City infrastructure and operating equipment to maintain efficient and cost-effect service to taxpayers. He stated that there are new investments, such as connecting Northside Trail with the Mishawaka Riverwalk and providing an operating budget for a new Energy Office, as well as significant renovations to key facilities, including the Newman Center and Fire House No. 5. He stated that nearly 62 percent of the total spending, however, is for maintenance and replacement costs. He stated that about 4 percent of the proposed budget is focused on projects that will re-engineer operations or produce new efficiency in government operations. He stated that revenue sources for the capital budget are varied, with about one-third each coming from capital funds and special revenue sources. He noted that property taxes provide only 14 percent of revenue for capital expenditures. Mr. Zientara advised that it is important for the City to invest in capital projects to keep equipment and facilities safe and efficient, preventing much larger expenses later on. Tight budget constraints have hampered our ability to fully fund capital expenditures on par with the annual depreciation level of $21.2 million. He stated that the approval of an increase in economic development local option income tax provides additional resource 11 REGULAR MEETING DECEMBER 14, 2009 for capital, and the Mayor requested that we set those resources aside for reinvestment in City equipment, facilities and infrastructure. He stated that Engineering improvements account for the largest portion, 19 percent, of the $9,898,803 in expenditures, followed by investments in the Fire and Police Departments, about 12 percent each respectively. He stated that the largest single engineering project, $635,000, will widen an improve Cotter Street from Prairie Avenue to Kendall Street to serve Ignition Park. It is being paid primarily by primarily by federal dollars and the project will be let by Indiana Department of Transportation. Traffic signals will be modernized along Mishawaka Avenue and Western Avenue with the City’s twenty percent (20%) share supporting a federal investment of $1.6 million. The Northside Trail will be extended from Indiana University South Bend to connect with the western terminus of Mishawka’s Riverwalk. Federal aid will cover $1.5 million of the project. Next year will see the first of three years’ worth of improvements to Ewing Avenue from Meade Street to Michigan Street. The annual project cost of $4 million is supplemented by $600,000 from the City to complete design work. On the west side, the intersection of Western Avenue and Olive Street will be improved with the addition of a protected turn lane as part of a $400,000 project. The city’s GIS system also will receive a $100,000 investment for maintenance and upgrades. The Street Department also requested a capital allocation of $890,050 - $300,000 devoted to concrete repairs and the balance for replacement or maintenance of equipment. The Fire Department’s largest single expenditure is $181,164 over five years to purchase a new quintuple combination pumper to replace a 1986 unit. The “quint” serves the dual purpose of an engine and a ladder truck, providing five functions: pump, water tank, fire hose, aerial device and ground ladders. Fire also has requested: $125,000 for renovation and expansion of Fire Station No. 5, 2221 Prairie Avenue, the city’s second oldest fire station, built in 1954. An additional $100,000 is allocated for maintenance at all of the City’s 11 fire stations. $124,000 for a new firefighter escape system, life safety equipment that has not been provided by grants, $140,756 for the first of two years toward purchasing a new rescue and ambulance unit, and $375,000 for a new pumper to replace a 1991 pumper which in turn, would replace a 1973 reserve pumper. The Police Department will continue scheduled replacement of 35 patrol cars in 2010 at a cost of $770,000 including five hybrid cars for use by administrators or detectives. It also will spend $50,000 to replace Tasers and $8,000 to replace radios. The Parks and Recreation Department has the largest number from any department with significant projects among its $1,385,540 in proposed expenditures for 2010 include $100,000 for renovation to the Newman Center and more than $150,000 in repair and maintenance work at other facilities, $75,000 to heat the conservatory, $60,000 in paving work at Potawatomi Zoo along with $76,500 to renovate exhibit space, $75,000 for new equipment at the O’Brien Fitness Center, $50,000 in upgrades to the Belleville Softball Complex. The capital expenditure budget also includes request for $410,000 for acquisition and demolition of eight public housing units in the Northeast Neighborhood in conjunction with the development of new housing in a triangle-shaped area north of Indiana 23 and Eddy Street, more than $663,000 in computer-related costs citywide, $200,000 to extend water mains throughout the city, $80,000 to pave the LaSalle Park Parking lot, $150,000 to fund operations for the City’s new Energy Office, which is projected to save the City more than $2 million annually through improved efficiency, $100,000 for maintenance of Century Center through the Professional Sports Development Tax. An additional $552,450 in capital expenses includes more than $200,000 to replace chairs and dollars and another $50,000 for exterior landscaping. 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 Rouse stated that when you drive through the City the first thing you notice is how the streets have deteriorated. He stated that he is highly concerned with taxes going up that the quality of the streets is going down. He noted that the City should not build new buildings every year, but maintain the ones that are already built. He stated that streets and sewers are the main concern. He suggested spending Tax Incremental Financing monies along with Federal Dollars on Water Works and Waste Water Treatment Plant projects. He encouraged the administration to develop a strategic plan on the deteriorating infrastructure because the City needs to catch up. 12 REGULAR MEETING DECEMBER 14, 2009 Councilmember Varner advised that with the reduction in property tax dollars available to local governments the City has gotten to far out on a leash on things that can be projected one hundred percent (100%). He stated that the City needs to take care of things they have instead of buying new. He suggested not over extending on things. Councilmember Dieter thanked Mr. Zientara for stepping in asked if the former City Controller Catherine Fanello is still on contractual services for the City. Mayor Luecke stated that her services have not been used in awhile. He advised that she is only paid for hours worked and her contractual services contract expires December 31, 2009. There being no one present wishing to speak to the Council either in favor of or in opposition to these bills, Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 98-09. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 99-09. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:27 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9984-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember White made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 13 REGULAR MEETING DECEMBER 14, 2009 ORDINANCE NO. 9985-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9986-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9924-09 TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Rouse made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9987-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TEMPORARILY TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY PENDING RECEIPT OF PROPERTY TAX DISTRIBUTION This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner made a motion to pass this bill as amended. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9988-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9863-08, WHICH FIXED NON BARGAINING EMPLOYEE WAGES IN 2009, TO DEFINE FULL AND PART-TIME EMPLOYEES This bill had first reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. ORDINANCE NO. 9989-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 OF $158,850 FROM GENERAL FUND (#101) 14 REGULAR MEETING DECEMBER 14, 2009 This bill had first reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ORDINANCE NO. 9990-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 INCLUDING $38,169 FROM WATER WORKS SINKING FUND (#625), $86,700 FROM SEWER INSURANCE FUND (#640), $100,000 FROM SEWAGE WORKS OPERATIONS FUND (#641), $35,000 FROM PROJECT RELEAF FUND (#655), AND $269,172 FROM CENTURY CENTER FUND (#670) This bill had first reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. ORDINANCE NO. 9991-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2009 This bill had first reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. ORDINANCE NO. 9992-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $156,000 FROM RECREATION- NONREVERTING FUND (#203), $22,100 FROM CENTRAL SERVICES FUND (#222), $170,000 FROM LOSS RECOVERY FUND (#227), $4,000 FROM EAST RACE WATERWAY FUND (#271), $1,191,779 FROM EMS/FIRE CAPITAL IMPROVEMENTS FUND (#288), $135,000 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $32,200 FROM COVELESKI STADIUM CAPITAL FUND (#401), $281,150 FROM PARKS NONREVERTING CAPITAL FUND (#405), $32,775 FROM CONSOLIDATED BUILDING DEPARTMENT FUND (#600), $639,500 FROM WATER WORKS CAPITAL FUND (#622), $758,950 FROM SEWAGE WORKS CAPITAL FUND (642), $58,200 FROM PROJECT RELEAF FUND (#655), AND $552,450 FROM CENTURY CENTER FUND (#670) 15 REGULAR MEETING DECEMBER 14, 2009 This bill had first reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. ORDINANCE NO. 9993-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $356,770 FROM GENERAL FUND (#101), $498,853 FROM PARKS & RECREATION FUND (#201), $999,850 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $1,845,726 FROM LOCAL ROAD AND STREET FUND (#251), $1,170,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $523,800 FROM CUMULATIVE CAPITAL DEVELOPMENT FUND (#406), AND $469,200 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) This bill had first reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTIONS 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 withdraw this bill at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4007-09 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED 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 1710 North Sheridan Street South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet south and 40 feet east of NW ¼ SE ¼ and known as Gibbs Wire and Steel Company, Inc. minor sub section 33-38-2E cont appx AC 16 REGULAR MEETING DECEMBER 14, 2009 and which has Tax Key Number18-2184-693803 presently, 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 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 five (5) years. 17 REGULAR MEETING DECEMBER 14, 2009 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 Commission, 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. Bill Welsch, 1720 N. Sheridan, South Bend, Indiana, made the presentation for this bill. Mr. Welsch advised that Hoosier Tank manufactures air pressure reservoirs for OEM truck and trailer manufacturers nationwide and internationally. They perform metal forming, welding and painting operations to make tanks that can hold air and other gases under pressure. The company has the opportunity to purchase the assets machinery and tooling of a large competitor located in Missouri. The company also wants to install a state of the art powder coat system. This additional equipment will allow increased production to accommodate the company’s increased customer base. It will also position Hoosier Tank to be the leader in their industry and to be ready for the economic upturn ahead. The equipment to be purchased is made up of various metal forming and metal working machines including lathes and hand welders, resistance and robot welders and seamers, testers, various head and bracket dies and a powder coating system. The equipment coming from the competitor is used and all of it will come from outside the State of Indiana. The powder coat system is new. The total estimated cost of the equipment is $950,000. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 100-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS AND A WIDTH OF 34 FEET. 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 January 11, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 18 REGULAR MEETING DECEMBER 14, 2009 BILL NO. 101-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF WASHINGTON STREET FROM TAYLOR STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115.5 FEET, MORE OR LESS AND A WIDTH OF 14 FEET BEING PART OF VAIL’S SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 January 11, 2010. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS Councilmember Henry Davis wished everyone a Merry Christmas and Happy New Year. He stated that he looks forward to working together for a fruitful 2010. He stated that he has hopes for new business to locate in South Bend and thinks that the green technology field is the way to go. NEW BUSINESS Councilmember Rouse stated that he attended the Solid Waste Management District Meeting under the direction of the New Director Randy Przybysz. Councilmember Rouse stated that he and Councilmember Karen White are planning to revisit the Tax Abatement Ordinance in 2010. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JEFFREY GREEN ON WRONGFULLY BEING FIRED FROM THE SOUTH BEND STREET DEPARTMENT Jeffrey Green, 814 E. Jefferson Boulevard, South Bend, Indiana, stated that he has been working for the Street Department for 8 ½ years with no disciplinary write ups until he was wrongfully terminated. He stated that he was under the head of Sam Hensley and witnessed countless abuse of authority and nepotism. He stated that he was under retaliation and the EEOC said it was against the law. He stated that instead of waiting for things to happen to him, because he did not cause the problem but would like to initiate solutions. He stated that he is being forced to go on nights this winter and he said that he has seniority over twenty employees. He stated that he is forced to work for a manager who at the time was the supervisor who fired him. He believes that this is a conflict of interest. He stated that he is asking the Council for protection and help with this situation so he can continue to provide a job for himself and his family just like any other man of integrity would. He stated that GOD is the head of his life and will continue to keep his faith in him and be the man that he has called him to be. He stated that the EEOC gave examples of retaliation as any aspects of employment being hiring, firing, paid job assignments, promotions, lay-offs, training, fringe benefits, any other terms or conditions of employment. There was a particular sewer insurance adjuster job that was previously held by an employee who passed away. He stated that position was not posted for anyone to apply for it was just given to someone. He stated that was a slap in his face and feels that could be a form a retaliation, because he feels that he is just as qualified as anybody else and never got to go through the interview process. He feels like they have sewer department guys who are on Street Department stand-by that have less seniority than him. The whole thing is that you put your time in and want to have seniority and use it to your advantage and the advantage of seniority is so that you don’t have to go on 19 REGULAR MEETING DECEMBER 14, 2009 nights in the winter and can stay on days. He stated that there have been a lot of changes, this is not even the tip of the iceberg and what goes on down there, being a GOD fearing man and he fears no man or woman, a man of integrity and being the man that GOD has called for him to be is the reason why he is stepping up and confronting the board here with just a few issues. Hopefully he can get some support with this situation. All problems are solvable, and just wanted to initiate some solutions. COMMENTS FROM MR. HOWARD ANDERSON REGARDING COMPANIES FOR THE JOURNEY Howard Anderson, 1310 N. Adams, South Bend, Indiana, asked if there was funding available or projects that will help ex-offenders gainfully seeks employment. This topic was assigned to Councilmember Varner. COMMENTS FROM MS. OCIE MAXINE BRAZIER AND SABRINA FLOYD REGARDING WOMEN’S OUTREACH MINISTRY INC. Ocie Maxine Brazier and Sabrina Floyd, 1345 Clayton Drive, South Bend, Indiana, asked if there were funds for displaced women. She operates the Women’s Outreach Ministry Inc., at 2301 Miami Street, South Bend, Indiana. This topic was assigned to Councilmember Dieter. Councilmember Henry Davis asked Ms. Brazier is she knows how many ex-offenders come into this area. Ms. Brazier stated that she did not know the number off hand. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 8:54 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 20