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HomeMy WebLinkAbout04-26-10 Common Council Meeting Minutes REGULAR MEETING APRIL 26, 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, April 26, 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 Thomas LaFountain 3rd District 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 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 April 12, 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 April 12, 2010 meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. REPORTS OF CITY OFFICES Council President Derek Dieter stated that the Council will once again call various City Departments to give a five (5) to ten (10) minutes update on their department. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 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 nine (9) 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 MEETING APRIL 26, 2010 PUBLIC HEARINGS BILL NO. 20-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF $71,000.00 FROM COLLEGE FOOTBALL HALL OF FAME CAPITAL FUND (#677) FOR THE HALL OF FAME BUILDING’S REPAIRS, MAINTENANCE, OR CAPITAL REPLACEMENT Councilmember Puzzello, Chairperson, PARCS Committee reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that the Council approved and adopted the 2010 budget for City operations, no funding was included for repairs, maintenance or capital replacement of City assets in the College Football Hall of Fame building. This was the result of a joint recommendation between the Council and City due to the fact that the National Football Foundation had recently announced its termination of the agreement between South Bend and the Hall of Fame with an expiration date of December 31, 2010. Recently, the City Engineering Department has determined that repairs and expenditures of a capital nature are necessary to maintain certain mechanical components of the Hall of Fame facility in good working order. He stated that the city is responsible for these costs per the definitions within the Second Interim Agreement between the City of South Bend and the National Football Foundation dated July 21, 2006. 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. 21-10 PUBLIC HEARING OF A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $353,437.00 FROM THE PARKS AND RECREATION FUND (#201) TO EMPLOY SEASONAL LABORERS Councilmember Puzzello, Chairperson, PARCS Committee reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. Phil St. Clair, Director, Park Department, 321 Walter Street, South Bend, Indiana, made the presentation on this bill. Mr. St. Clair advised that South Bend has been awarded a Community Service Block Grant from the American Recovery and Reinvestment Act of 2009. The application requested “funds to employ forty (40) seasonal laborers for the Parks and Recreation Department and the Public Works Department of the City of South Bend. The purpose of the grand funds was to help South Bend achieve its non-housing revitalization goals including neighborhood clean-up, mowing vacant lots and yards of abandoned houses, boarding up abandoned houses, removing graffiti from public and private property, watering trees and landscaping areas, providing custodial services for public facilities, 2 REGULAR MEETING APRIL 26, 2010 creating arts, crafts and cultural programming throughout the South Bend Park system, and also providing mentoring, educational support and life skills in a safe environment for youth in distressed neighborhoods after school hours. This appropriation will help achieve those goals. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Murray Miller, Field Representative, Local #645 Laborer’s International Union of North America, 23698 Western Avenue, South Bend, Indiana, stated that he was representing the union. Mr. Miller asked what the payback of these development efforts were for the taxpayers. He wondered whether the jobs created were going to use local labor and whether the workforce would represent the diversity of the community. There being no one else 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. 04-10 PUBLIC HEARING 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 Councilmember Henry Davis made a motion to strike Bill No. 04-10 at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND (#436), THE NORTHEAST NEIGHBORHOOD RESIDENTIAL TIF FUND Councilmember Timothy Rouse, Chairperson, Community & 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 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 Council approved on July 20, 2007, the Northeast Neighborhood Residential Tax Increment Financing (TIF) District to, among other things, provide debt service financing for the City of South Bend’s obligations relating to Eddy Street Commons. He stated that from inception to the present time the TIF District did not generate incremental tax revenue; therefore a separate fund was not established. With the completion of Eddy Street Commons, the TIF District will generate tax revenues. Therefore, in order to segregate these specific TIF funds within the City budget, it is necessary to establish a separate fund. This bill will create a new Fund #436 and from this fund and its TIF revenues, the City will pay the bond obligations due in February and August of 2011 and in subsequent years thereafter, with any excess funds to be use for purposes permitted by Indiana Code. 3 REGULAR MEETING APRIL 26, 2010 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, spoke in favor of this bill. Mr. Niezgodski stated that when the plans for the 12 story hotel with condos on top was first proposed for this project he was against the 12 story height. Mr. Niezgodski stated that now after he has seen the construction at Eddy Street Commons, a 12 story hotel with condos would fit in nicely. There being no one else 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. 22-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER ALONZO WATSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND Councilmember Puzzello, Chairperson, PARCS Committee reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill would allow for the transfer of ownership of Alonzo Watson Park to the Civil City of South Bend, in order to facilitate the completion of the Ray and Joan Kroc Corps Community Center. At the April 19, 2010, meeting of the South Bend Board of Park Commissioners they recommended that Alonzo Watson Park be transferred to the Civil City of South Bend. He stated that under Indiana Code the Common Council has the authority to transfer park land and asked for their favorable consideration. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Oliver Davis 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 and one (1) nay (Councilmember Henry Davis.) RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Varner 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 4 REGULAR MEETING APRIL 26, 2010 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 7:27 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10009-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF $71,000.00 FROM COLLEGE FOOTBALL HALL OF FAME CAPITAL FUND (#677) FOR THE HALL OF FAME BUILDING’S REPAIRS, MAINTENANCE, OR CAPITAL REPLACEMENT This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10010-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $353,437.00 FROM THE PARKS AND RECREATION FUND (#201) TO EMPLOY SEASONAL LABORERS This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10011-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND (#436), THE NORTHEAST NEIGHBORHOOD RESIDENTIAL TIF FUND This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10012-10 AN ORDINANCE OF THE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER ALONZO WATSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND This bill had third reading. Councilmember Rouse 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 and one (1) nay (Councilmember Henry Davis) 5 REGULAR MEETING APRIL 26, 2010 RESOLUTIONS RESOLUTION NO. 4024-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Rouse, Chairperson, Community and Economic Development 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. WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36- 7-14 (the “Act”), on March 5, 2010, approved and adopted its Resolution No. 2657 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the Airport Economic Development Area Development Plan (the “Plan”) for the Airport Economic Development Area (the “Area”) and amending the Airport Economic Development Area Development Plan (the “Plan Amendment”) and confirming the legal description for the Airport Economic Development Area; and WHEREAS, the Plan Amendment calls for the addition of various parcels located within the Area, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on March 16, 2010, adopted and approved a resolution, a coy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”) and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South End, Indiana, as follows: 1.The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2.This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. s/Derek D. Dieter Member of the Common Council 6 REGULAR MEETING APRIL 26, 2010 Councilmember Timothy Rouse, Chairperson, Community & 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 Mr. David Relos, Planner, Economic Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Relos advised that this bill would allow for the approval of an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. He stated that this process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airport Economic Development Area (AEDA) to add various parcels to the AEDA Acquisition List. Additionally, the RDC is seeking to reconfirm the legal description for the AEDA. He stated that there are four specific target areas within the AEDA. The areas are targeted to enhance the surrounding businesses and neighborhoods, and in one instance, to partner with an educational facility to further their expansion needs in light of large increase in enrollment. Area 1: Ignition Park South; Area 2: Ignition Park West; Area 3: Ivy Tech/Gorny Plaza and Area 4: Airport Industrial Park, Phase 2 A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this bill. The following individual spoke in opposition to this bill. Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, stated that he is representing the neighbors of the Lincoln Way West Gateway Association (LWWGA.) and is speaking in opposition to this resolution Mr. Niezgodski stated that he is the Chairperson for the LWWGA and asked the Council to vote no on this resolution. He stated that he is just one person, but is speaking for hundreds. He stated that although he is asking the Council to vote no on this resolution, he will remind the Council that he has personally spoke in favor of adding Portage Prairie to the Airport Economic Development Area. He has spoken in favor of the tax abatement for the building at Innovation Park. He has also spoken in favor of other projects proposed by the administration. He stated that he understands the significance of this resolution in the grand scheme of things and normally would support moving things forward in the Ignition Park project area. However, he stated that he cannot stand before the Council tonight in good conscience to speak on behalf of the neighbors in favor of what appears on the surface to be a rather benign resolution given what this represents to the neighbors and supporters of the redevelopment of LaSalle Square; one more instance of neglecting the plan to redevelop LaSalle Square. He stated that the neighbors and he feel that plans to redevelop LaSalle Square have been relegated to the back burner by this administration and it’s Executive Director of the Department of Community and Economic Development. One of the first items identified to be undertaken within the first five years of the LaSalle Square Area Redevelopment Plan was the extension of Bonds Avenue through the square along with the introduction of curbs and sidewalks so they would have a dedicated street that essentially divides the square into identifiable parcels to develop. To date they have not started acquiring the property to do this nor have they conducted the survey work as preliminary steps to make offers to buy the land from the affected parties and construction is no where in sight. He reminded the Council that the Resolution to add Portage Prairie says and of a few statements from the administration regarding the significance of LaSalle Square. (See attached hand-out on file in the Office of the City Clerk for spending to date for Ignition Park, Portage Prairie and LaSalle Square.) He stated that granted LaSalle Square is a much smaller scale project when compared to Ignition Park but having acquired and demolished one property to date is all that has happened inside the Square itself. The library has expanded inside the square but that was not a process overseen or paid for with TIF money. TIF money was used for the Bendix Physicians offices but again, that is not inside the Square proper. Mr. Niezgodski 7 REGULAR MEETING APRIL 26, 2010 stated that it is time to take a stand for the redevelopment of LaSalle Square with the neighbors and all of their supporters, which includes most, if not all the member of the Common Council. He urged the Council to send this resolution back with no votes and when asked why it was turned down, tell them you will not accept any resolutions for acquiring any more property in the AEDA until action is taken in LaSalle Square. Start the survey work required to begin the process of buying the right of way for the extension of Bonds Avenue and adding curbs and sidewalks. He strongly urged the City Attorney’s Office to review the number of calls for service by the SBPD and SBFD to Beacon Heights and to start using all methods at their disposal to start fining the management of Beacon Heights to the excessive number of call for service to their property. It’s time to take of the kid’s gloves and start cleaning up the neighborhood. He stated that as for LaSalle Square, this is one of those rare opportunities where citizens can demand accountability and as representatives for those citizens, can hold the administration accountable for how it spends TIF monies. He stated make no mistakes, they are not asking your support to prod the administration to do something contradictory to their previously stated intentions. On the contrary, they are asking the administration and those who previously indicated support for the redevelopment of LaSalle Square to reaffirm that support for LaSalle Square’s redevelopment and stand with us, the stakeholders, the neighbors and the citizens of the west side. Some might say they are asking the Council to put their money where their mouth is but they would be wrong. They are asking the Council to “put OUR money where your mouth is.” Everyone talks about accountability in government. It is not often enough that such great opportunities to secure accountability land in your lap. He stated that the neighbors of the LWWGA, ask the Council to vote no on this resolution. Take a stand for the principles of fairness and equity. Take the redevelopment of LaSalle Square off the back burner and put it back into the mix of vitally important redevelopment projects. Most importantly, stand behind your words. Ms. Vera Smith, 2715 Bonds Avenue, South Bend, Indiana, stated that she is totally opposed to this resolution. She agreed with Mr. Niezgodski 100%. Councilmember Henry Davis stated that there is a lot of apathy regarding no movement at LaSalle Square. A small thing got pushed out by the big thing. He stated that the projects that are being proposed are stretched too far and he stated that there won’t be anything left for the little people’s project. He stated that he is disappointed with the progress over the past two (2) years at LaSalle Squire. He stated that they need to stop adding or acquiring more projects and plain and simple get the LaSalle Square Project done. He stated that the residents of LaSalle Square need to get the resources that they so desperately need. Councilmember White advised that she too is concerned with all the challenges at LaSalle Square and remains consistent on supporting projects that the Council has made commitments on. Councilmember Oliver Davis understands Councilmember Henry Davis’ concerns; however, he stated that they need to get the private owner’s to participate at LaSalle Square. He stated that voting against other development in other parts of the city is not going to help the situation either. Councilmember Rouse reiterated that they need to get the majority owners of parcels at LaSalle Square namely Rev. Miller from Faith Apostolic on board to move forward with the development there. Councilmember Puzzello stated that maybe smaller steps could be taken like the Bonds Street extension and curbs and sidewalks project. Councilmember Kirsits stated that he lives in the LaSalle Square area and this is a tough and dirty project. He stated that in all reality huge retail will not come back to LaSalle Square. He wishes that it would but, this is a tough and competitive market driven by statistics that just aren’t feasible currently. He urged the Council to trust the 8 REGULAR MEETING APRIL 26, 2010 administration and to keep their feet to the fire to remain diligent to the project at LaSalle Square and demand updates and reports. Councilmember Varner stated that when priorities on projects that the administration wants, it seems that mountains get moved, stories get fabricated, and people get frustrated at the issue at hand. He stated that he understands Councilmember Henry Davis’ frustration and that more serious efforts need to make to understand the goals and objectives of the LaSalle Square project. Councilmember LaFountain stated that he agrees with Councilmember Kirsits that big retail is not going to come back to LaSalle Square. However, he understands Councilmember Henry Davis’ concerns for the project and that the Council needs to make sure that those concerns are met. Although, holding up other projects in the city is not going to help. Councilmember Dieter stated that they need to apply pressure to make LaSalle Square happen. He stated that it took a long time to decide what was going to happen at the former Studebaker site. He noted that everyone has strong opinions and are very passionate and committed to the project at LaSalle Square. He urged everyone to be patient. David Relos advised that they are working to acquire the remaining parcels to be able to move forward at LaSalle Square. He stated that they have run into some roadblocks with some of the owners and negotiating the acquisitions. Mayor Luecke advised that it has been hard dealing with development at LaSalle Square. He stated that the additional funding that was needed for the Senior Housing Development fell through. He stated that they have had difficulty in acquiring other parcels to gain full ownership of LaSalle Square. He stated that he remains committed to the project at LaSalle Square and urged the Council to allow progress to continue in other areas of the city. Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of six (6) ayes and three (3) nays (Councilmember’s White, Henry Davis, Dieter) RESOLUTION NO. 4025-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2010 POLICE DEPARTMENT, FIRE DEPARTMENT AND TEAMSTER LABOR NEGOTIATIONS Whereas, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive authority and mandatory duty to fix, by ordinance, the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the “Common Council of the city has the sole authority to set the salaries of the police and fire departments…”; and Whereas, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and 9 REGULAR MEETING APRIL 26, 2010 Whereas, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8- 3-2; and Whereas, the Common Council received a letter from the Vice-President of the South Bend Firefighter’s Association Local 362, and anticipate similar requests from representatives of the Fraternal Order of Police, South Bend Lodge No. 36, and Teamsters Local Union No. 364, with each union requesting to begin labor negotiations; and Whereas, this Resolution will formally appoint the South Bend Common Council’s Agent and Chief Negotiator on all matters of compensation and all other monetary items subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and the Teamsters; and Whereas, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council’s Agent in representing their interests, who would in turn appoint an City Advisory Negotiating Team and work with the Board of Public Safety’s Agent for police and fire negotiations; would work with the Board of Public Works’ Agent and City Negotiating Team for Teamster negotiations; and provide regular updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14- 1.5-6.1(b)(2)(A); and Whereas, the City Advisory Negotiating Teams shall not be considered a “governing body” or “public agency” under Indiana Code § 5-14-1.5-2; and Whereas, the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO; with the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36; and for the upcoming labor negotiations with the Teamsters Negotiating Team representing the city employees who are members of Teamsters Local Union No. 364. Mrs. Cekanski-Farrand shall be the City’s Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which have a fiscal and/or budgetary impact with regard to the police and fire negotiations; and shall act in an advisory capacity for the Teamsters negotiations to the City Negotiating Team. Section II. The Council’s Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council’s Agent shall work closely with the persons appointed to the City Advisory Negotiating Team and shall coordinate and work closely with the Board of Public Safety’s Agent and Chief Negotiator throughout the upcoming negotiations. The Council’s Agent shall provide assistance to the City’s Chief Negotiator and City Team for Teamsters negotiations. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 10 REGULAR MEETING APRIL 26, 2010 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 26 day of April, 2010 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember LaFountain, Chairperson, Personnel & Finance Committee, made the presentation for this bill. Councilmember LaFountain advised that this bill would allow the Council to appoint an Agent and Chief Negotiator for the 2010 Police, Fire and Teamsters Labor Negotiations. He stated that last year the Council successfully implemented a team of two (2) Council Members for police negotiations and a separate team of two (2) Council Members for fire negotiations. This concept was received positively and would anticipate a similar approach this year, with the addition of a team of volunteer Council Members for Teamster negotiations. All such Council Members would work closely with the Council’s Agent and Chief Negotiator, and in turn with the individuals chosen by the City Administration for each team. 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 nine (9) ayes. BILLS, FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS AREA BOARD OF ZONING APPEALS: BILL NO. 10-20 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 6879 ENTERPRISE DRIVE BILL NO. 10-21 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 1019, 1019 ½, 1021 NORTH ST. PETER STREET SOUTH BEND, INDIANA 11 REGULAR MEETING APRIL 26, 2010 Councilmember Varner made a motion to refer Bill Nos. 10-20 and 10-21 to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on May 10, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. REPORT FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on April 20, 2010: BILL NO. 15-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 521 ECLIPSE PLACE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 2, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 16-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA, 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer Bill Nos. 15-10 and 16-10 to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on May 10, 2010. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis Councilmember Karen White advised that the Health and Public Safety Committee will meet on Tuesday, April 27, 2010 at 6:00 p.m. until 7:30 p.m. at the Kennedy Academy to discuss Bill No. 15-10 for the rezoning of the new facility for South Bend Animal Control and Care. Councilmember Kirsits advised that the Community Campus Advisory Coalition will meet on Wednesday, April 28, 2010 at 3:30 p.m. at St. Mary’s College in the Warner Conference Room. PRIVILEGE OF THE FLOOR COMMENTS FROM MS. VERA SMITH REGARDING THE CSO PROJECT ON BONDS AVENUE Vera Smith, 2715 Bonds Avenue, South Bend, Indiana, stated that she has lived in South Bend for a long time, but has recently moved to 2715 Bonds Avenue. She stated that what they were told was going to happen with the Combined Sewer Overflow project is not happening. She stated that the streets have been narrowed; eliminating the parking space in front of her home and now prevents her from safely getting out of her driveway. She stated that the city promised one thing and did just the opposite. She stated that the administration promised that this was not going to happen. 12 REGULAR MEETING APRIL 26, 2010 COMMENTS FROM MS. JUDY LEE COMMENDING THE BRAVE ACT OF MS. STEPHANIE WOJTKOWSKI Judy Lee, 66841 Walnut Road, Walkerton, Indiana wanted to publicly recognized Ms. Stephanie Wojtkowski, Director, Light House Day Care Center for her heroic act last October. Ms. Lee stated that Ms. Wojtkowski was looking out the window of the daycare and saw a little boy wondering around near Edison Road with. She immediately ran out after him and called the police department. She stated that the little boy only knew his first name and did not know his last name or his address. She stated that the police department was able to locate the little boys address and found two (2) more children alone in the apartment. Ms. Lee felt compelled to speak regarding this brave act and commend Mr. Stephanie Wojtkowski for her quick response in rescuing this little boy and going beyond the call of duty. Ms. Lee recognized Ms. Wojtkowski as a “local hero.” COMMENTS FROM MS. STEPHANIE WOJTKOWSKI REGARDING EARLY EDUCATION Ms. Stephanie Wojtkowski, 1629 Hass Drive, South Bend, Indiana, thanked Ms. Lee, and stated that this should not happen to any child. She stated that it was quite disappointing to know that this little boy did not know his last name or his address. She encourages all parents, grandparents and care givers to teach children their last name and address. She reiterated that this is a valuable lesson to teach them. She also emphasized as a community that we need to be aware of situations like this and to be cognizant that no child should be left alone, no matter what the circumstances are. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:26 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 13