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HomeMy WebLinkAbout01-11-10 Common Council Meeting Minutes REGULAR MEETING JANUARY 11, 2010 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, January 11, 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: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk 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 December 14, 2009 and the January 4, 2010 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the December 14, 2009 and the January 4, 2010 meetings of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS SWEARING IN OF THE YOUTH ADVISORY COUNCIL City Clerk John Voorde sworn in the 2009/2010 South Bend Common Council Youth Advisory Council. The new members are: Troy Gorski; Deshana Griffen; Molly Jirasek; Kevin Kirkland; Ian LaFountain; Alfonso Mack Jr.; Stephanie Stephens. Councilmember Karen L. White advised that she is the Council sponsor for the Youth Advisory Council and looks forward to a great year. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:08 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 nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. 1 REGULAR MEETING JANUARY 11, 2010 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. 100-09 PUBLIC HEARING 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 Councilmember Varner, Chairperson, Public Works and Property Vacation 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. th Mr. Jeff Vitton, Staff Member, Community and Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for the bill. Mr. Vitton advised that the proposed street vacation will allow for an infill housing project on Hill Street, which is being carried out by the Northeast Neighborhood Revitalization Organization in partnership with the Madison Center. These entities own several lots to the north and south of the proposed vacation, which will be replated to allow for single-family home construction. 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. 101-09 PUBLIC HEARING 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 Councilmember White made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner made a motion to continue this bill until the January 25, 2010, meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 2 REGULAR MEETING JANUARY 11, 2010 RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter 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 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:14 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9994-10 AN ORDINANCE 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 third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Henry Davis and Dieter) RESOLUTIONS RESOLUTION NO. 4008-10 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: 3 REGULAR MEETING JANUARY 11, 2010 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 and which has Tax Key Number 18-2184-693803 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Bill Welsch, Hoosier Tank, 1710 N. Sheridan, 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, tooling, etc.) 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. Mr. Welsch advised that the total estimated cost of the equipment if $950,000. He stated that they estimate that the project will create six (6) to ten (10) new, permanent full-time positions with an annual payroll of $200,000 to $335,000. The project will also maintain fifty-two (52) existing permanent full-time positions with a total annual payroll of $1,800,000. 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 Rouse made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 4 REGULAR MEETING JANUARY 11, 2010 BILLS – FIRST READING BILL NO. 01-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, 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 Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 02-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $168,492 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on January 25, 2010. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 03-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $521,800 WITHIN PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), TRANSFERRING AN ADDITIONAL $200,000 FROM SPORTS DEVELOPMENT FUND (#377) TO HALL OF FAME CAPITAL IMPROVEMENT FUND (#677), AND APPROPRIATING ALL FUNDS FOR COLLEGE FOOTBALL HALL OF FAME OBLIGATIONS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on January 25, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember’s Henry Davis and Rouse expressed their deepest sympathy on the passing of Martha “Marti” Lewis. Both stated that she will be greatly missed. Councilmember Davis congratulated the South Bend Community School Corporation for making great strides in their efforts in applying for stimulus dollars in the “Race to the Top” which encourages school districts to make education better for students by recruiting effective teachers, identifying weak areas, and fixing the lowest-performing schools. He stated that he is in full support of their effort. 5 REGULAR MEETING JANUARY 11, 2010 Councilmember Oliver Davis stated that he will be attending the funeral for Mr. Al Heet. Mr. Heet was the President of the Rum Village Neighborhood Association who passed away at the age of 72. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. GEORGE LANE REGARDING PUBLIC ACCESS MICHIANA Mr. George Lane, President and CEO, Public Access Michiana, introduced Mr. Mike Peck, Executive Director, Public Access Michiana and thanked the Council for their letter dated December 1, 2009 in support of their project to bring pubic access television to the Michiana area. He stated that with the Council help they wish to bring first class programming to the area citizenry, and give those who wish to speak a platform. He stated that without the Council’s foresight and the help of Mayor Luecke this project could not have happened. 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 he got his job back and was forced to work on the night shift. He advised that he believes that he has more seniority than others who work on the day shift and believes that he is being discriminated against. Mr. Green stated that he is scheduled to have another hearing this week and wanted to keep the Council informed on the status. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:32 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 6