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HomeMy WebLinkAbout01-25-10 Common Council Meeting Minutes REGULAR MEETINGJANUARY 25, 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 25, 2010 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 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 Absent: Thomas LaFountain 3rd District 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 January 11, 2010 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 January 11, 2010 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner 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. 1 REGULAR MEETINGJANUARY 25, 2010 PUBLIC HEARINGS 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 WILLIAM 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 Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and due to the lack of a quorum sends this bill to the full Council with no recommendation. Mr. Eric Zell, Wightman Petrie, 412 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill on behalf of the City of South Bend, Department of Economic Development. Mr. Zell advised that this vacation is to allow more buildable space on the two lots to the South of the alley which were recently purchased by the City and are currently being demolished and cleared for potential redevelopment in the future. 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 Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 02-10 PUBLIC HEARING 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 Councilmember Rouse, Chairperson, Community and Economic Development 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 Ms. Pam Meyer, Director, Community & Economic Development, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would allow for the appropriation of $168,492 in renewal funding under the Shelter Plus Care Program (SPC) in two separate renewal grants. The first covers the period of August 29, 2009 through August 28, 2010; the second covers the period of August 1, 2009 to July 31, 2010. Ms. Meyer stated that addressing homelessness is one of HUD’s top priorities and the continuance of these projects makes a significant contribution toward assuring the development of a continuum of care system in the community. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 2 REGULAR MEETINGJANUARY 25, 2010 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 White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 03-10 PUBLIC HEARING 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 Councilmember Puzzello, Chairperson, PARCS 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 Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill appropriates $721,800 from Professional Sports Development Fund #377 to satisfy the City’s financial obligation to The National Football Foundation and College Hall of Fame, Inc., pursuant to the City’s Second Interim Agreement with that entity. He stated that when the Council enacted its budget appropriation Ordinance No. 9956-09 on September 28, 2009, The National Football Foundation had recently announced its intent to relocate the Hall of Fame to Atlanta, Georgia. He stated it was at that time that the Council did not appropriate funds for the Hall of Fame. Mayor Luecke stated that at this time, the College Football Hall of Fame will remain open and operable through all or most of calendar year 2010. Because the City has certain financial obligations to The National Football Foundation under the Second Interim Agreement, this ordinance makes the necessary appropriation. 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 Varner stated that he would like to see the distribution of funds monthly as opposed to one lump sum. Councilmember Henry Davis asked if another use has been decided for the College Football Hall of Fame? Mayor Luecke advised that a reuse committee had been formed and that he would like to see something public friendly, a mixed use of commercial and retail. 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 eight (8) ayes. 3 REGULAR MEETINGJANUARY 25, 2010 RISE AND REPORT Councilmember Karen White made a motion to rise and report to the full Council. Councilmember Rouse 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 7:19 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9995-10 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF WASHINGTON STREET FROM WILLIAM 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 third reading. Councilmember Varner 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. Additionally, Councilmember Varner 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. 9996-10 AN ORDINANCE 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 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 eight (8) ayes. 4 REGULAR MEETINGJANUARY 25, 2010 ORDINANCE NO. 9997-10 AN ORDINANCE 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 third reading. Councilmember White 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. RESOLUTIONS RESOLUTION NO. 4009-10 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 850 S. MARIETTA STREET, SUITE 300 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ENDEAVOR MACHINED PRODUCTS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly know as 850 S. Marietta Street, Suite 300, South Bend, Indiana, and which is more particularly described as follows: Lot lettered “Q” as shown on the recorded plat of Monroe Sample Replat, recorded January 31, 1990, as document number 9002533 in the Office of the Recorder of St. Joseph County, Indiana And which has Tax Key Number 71-08-12-454-003.000-026 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: 5 REGULAR MEETINGJANUARY 25, 2010 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 form 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. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill and voted to send it to the full Council with a favorable recommendation. Mr. James Duszynski, President, Endeavor Machined Products, Inc. is a new start-up company that plans to begin production in the near future. They will manufacture precision machined parts for the wind power, petroleum exploration, aerospace and orthopedic industries. The equipment the company intends to procure will be used to manufacture prototype parts to demonstrate their design and production integrity in order to eventually release them for production at the company. The company will fabricate the parts based o their clients’ design. The equipment to be purchased includes a CNC 6 REGULAR MEETINGJANUARY 25, 2010 five axis machining center, a CNC lathe, coordinate measuring machine, general shop equipment, software, computers, office furniture, inspection equipment, a fork lift and an air compressor. The total cost of the equipment is estimated to be $437,500. 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 Puzzello made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 4010-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2010 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on February 17, 2010 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Ave. GreenTech Transfer & Recycling 2500 Green Tech Dr. OmniSource Corp 7575 W. Jefferson Blvd. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 1420 S. Walnut US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 2014-2016 W. Washington St. US Scrap & Recycling 1700 W. Washington St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2009. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Ave. GreenTech Transfer & Recycling 2500 Green Tech Dr. OmniSource Corp 7575 W. Jefferson Blvd. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 1420 S. Walnut US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 2014-2016 W. Washington St. US Scrap & Recycling 1700 W. Washington St. 7 REGULAR MEETINGJANUARY 25, 2010 are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Ordinance Violation Bureau Clerk’s communication to the City Clerk dated February 17, 2010. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Karen White, Vice-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 John Voorde, City Clerk, 4 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. City Clerk Voorde advised that renewal application for the operation of Scrap Metal/Junk Dealers/Recycling Operations have been received. He noted that in accordance with the procedure for the renewal of city business licenses these applications were submitted to the various departments for inspection and all have received favorable recommendations. He asked for the Council’s favorable consideration. 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 Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 04-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on February 22, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 8 REGULAR MEETINGJANUARY 25, 2010 BILL NO. 05-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,750,000.00 FROM EXCESS WELFARE DISTRIBUTION FUND (#252) TO UPGRADE SOUTH BEND’S PUBLIC SAFETY RADIO SYSTEM TO 800 MEGAHERTZ PER AN AGREEMENT BETWEEN ST. JOSEPH COUNTY AND THE STATE OF INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on February 22, 2010. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 06-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $142,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED 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 February 8, 2010. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 10-04 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 3371 CLEVELAND ROAD, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 8, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember White acknowledged that Councilmember Ann Puzzello received the Roland Kelly Award at the January 18, 2010, Dr. Martin Luther King Jr. Award Breakfast. Councilmember Dieter thanked the Near Northwest Neighborhood Association and Mayor Luecke for their annual meeting continued support in the Portage and Lincolnway West area. 9 REGULAR MEETINGJANUARY 25, 2010 PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:31 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 10