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.
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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.
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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.
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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:
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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.
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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.
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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
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