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HomeMy WebLinkAbout04-11-11 Common Council Meeting Minutes REGULAR MEETING APRIL 11, 2011 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 11, 2011 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 David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole 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 March 28, 2011 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 Puzzello made a motion that the minutes of the March 28, 2011 Meeting 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 REPORTS OF CITY OFFICES – CATHERINE TOPPEL, DIRECTOR CODE ENFORCEMENT th Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, gave a report on Vacant and Abandoned Properties. Ms. Toppel placed a copy of her report on file with City Clerk John Voorde. Councilmember Henry Davis stated that he has some questions on the procedures for Reports of City Offices. Council Attorney Kathleen Cekanski-Farrand stated that the Reports from City Office’s portion of the Agenda is just that a report. She stated that if the Council has questions from the Department Head a proper committee meeting should be scheduled. 1 REGULAR MEETING APRIL 11, 2011 Councilmember Oliver Davis made a motion to schedule a Council Rules Committee Meeting in the future to revisit the procedures on Reports from City Offices. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:22 p.m. Councilmember White 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 Oliver Davis, Vice-President, presiding. Councilmember Oliver Davis 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 Oliver Davis stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 75-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2-10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL Councilmember White made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, Information & Technology Committee, reported that this Committee held a joint committee meeting with the Council Rules Committee and it was the consensus of the committees to send this substitute bill to the full Council with a favorable recommendation. Council President Derek Dieter, 413 W. Navarre, South Bend, Indiana, made the presentation for this bill on behalf of the other sponsors of the bill, Councilmember’s White, Puzzello, and Rouse. President Dieter advised that since the original filing of this bill, discussions have taken place with members of the City Administration. Based on those discussions and a review of policies in place in other communities, it has become apparent that consistent rules should be in place for not only the Common Council but for all City boards and commissions addressing electronic devices. He noted that in light of ongoing technological innovations and the need to comply with Indiana’s Open Door law and Public records law, it is believed that the proposed substitute bill is in the best interest of the public and the operations of the Common Council, City Boards and Commissions. 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. John Hamilton, 913 W. Colfax Avenue, South Bend, Indiana, advised that this bill is an unfortunate necessity. Mr. Hamilton stated that if you are texting to or receiving from you can’t do the business at hand. He stated that the public deserves each member’s absolute attention to the matter at hand. The following individuals spoke in opposition to the bill. 2 REGULAR MEETING APRIL 11, 2011 Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, advised that she has been coming to meetings in the County-City Building for years. She stated that all that is necessary is for the boards, commissions and council’s to be transparent and have access to information being presented at the meetings. She stated that there are too many unenforceable laws on the books already and this would just add to those that cannot be enforced. Mr. Henry Davis, Sr., 215 N. Sheridan, South Bend, Indiana advised that this bill is derived from a misunderstanding about another Councilmember texting who was trying to find out information on the subject at hand. Councilmember Henry Davis, Jr. stated that while he is in full support of this bill, he feels that this bill is a personal attack on him. He stated that they need to keep in tune with what can be done with electronic devices to keep the public informed. Councilmember Oliver Davis stated that he was opposed to this bill because there are too many loopholes and cannot vote in favor of this bill in its present form. He stated that the section that reads “Councilmember’s and citizen members of any Standing Committee may not send, receive, view, or listen to any electronic message communications while he/she is part of the quorum for such meeting. He stated that the word “receive” was contentious and stated that he could not control who sends him messages at any given time. He stated that he feared that someone could be accused of receiving a text message and this bill just puts Councilmember against Councilmember. Councilmember Puzzello asked if the word “receive” could be deleted from the bill. Council Attorney Kathleen Cekanski-Farrand advised that a friendly amendment could be made to remove the word “receive” throughout the document. She stated that with regard to the sanctions that those provisions have been on the books since approximately 1997 and none of the sanctions could go forward without a majority vote of the Council. She stated that it is not just one individual Councilmember. She stated that the only sanction that would apply if a violation occurs would be that Councilmember in violation would have his or her electronic device taken away by the City Clerk for the duration of the meeting. Councilmember Oliver Davis asked if the other sanctions could be deleted from this bill. Council Attorney Kathleen Cekanski-Farrand stated that this is an issue that would need to be addressed in another Council Rules Committee Meeting. She stated that the other sanctions have been on the books for over thirty years and were put into place by past Council when there was inappropriate behavior. Councilmember Oliver Davis asked Council Attorney Kathleen Cekanski-Farrand if the South Bend City Council would be the first to pass a bill like this. Council Attorney Kathleen Cekanski-Farrand stated that in all her research on this particular topic there are many cities in the State of Indiana facing these same issues, and South Bend would be the first to pass such a bill. Council President Derek Dieter stated that he did not want to get into a long debate on this issue and the matter at hand is very simple if you are in a meeting you should not be texting on your cell phone. He stated that he would like to make a motion to recommend this bill favorably to the full Council. Council Attorney Kathleen Cekanski-Farrand called for a point of order. She stated that a motion would have to be made to specifically remove the word “receive” in paragraph (p) on page 1 and also on page 4 paragraph (c). Council President Dieter made the motion, seconded by Councilmember Puzzello. The motion carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING APRIL 11, 2011 Council Attorney Kathleen Cekanski-Farrand stated that the next motion would be that the regulations on page 3 and 4 Section IV. All pertain to Boards and Commission Public Meetings Regulations are totally separate. She reiterated that there are totally separate regulations for the Council and Boards/Commissions. Council President Dieter made a motion to send Substitute Bill No. 75-10 as amended to full Council favorably. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Oliver Davis.) Councilmember White stated that she would like to have continued discussion in the Council Rules Committee with regard to if a Councilmember would need representation by legal counsel. She stated that if it were to occur and because it has occurred in the past there needs to be some clarity on what the proper procedure would be. Councilmember Oliver Davis stated that he is in favor of revisiting this issue in the Council Rules Committee. BILL NO. 86-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES Councilmember Puzzello made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. 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. Councilmember Rouse advised that in light of the very positive reception of Substitute Bill No. 86-10 the ordinance includes several revisions from the original version such as crating a 9 member MBW/WBE Utilization Board which would work closely with the Diversity Compliance Officer and the City Administration and the Common Council in developing policies aimed at eliminating barriers and promoting diversity, inclusion and participation. Developing a mechanism to assure compliance with federal, state and local laws whereby each January an MBE/WBE Participation Report would be filed for Common Council review and discussion. Annually requiring all parties to meet and discuss how local regulations can be improved in order to seek greater effectiveness. Include multiple references in footnotes as educational aids to assist in outreach programs. Councilmember Rouse stated that with the passage of Substitute Bill No. 86- 10 the City of South Bend will have the proper mechanisms in place to maximize opportunities and participation for minority-owned businesses and women-owned businesses. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of the bill: Pastor Franklin Breckenridge, Olivet Church, 719 N. Notre Dame Avenue, residing at 724 N. Notre Dame Avenue, South Bend, Indiana, stated that he is in favor of this bill and urged the Council to vote in favor of this bill. He noted that this is a looking forward making action bill that the Council should be proud to pass and enforce for all of its citizens especially its minority business and women business enterprises. 4 REGULAR MEETING APRIL 11, 2011 Mrs. Cora Breckenridge, 724 N. Notre Dame Avenue, South Bend, Indiana, stated that she is speaking on behalf of the National Organization of the NAACP and urge the Council’s favor consideration of Bill 86-10. She stated that this bill would bring great pride to the citizens of this city and for persons of color, and women of this great city. Ms. Linda Carter, 26801 Gene Ct., South Bend, Indiana, stated that she is one of the Director’s of the Youth Bill Program in the Michiana Area. She stated that they help the youth in the community to get their GED in construction skills. She thanked the Council for this bill because as a minority women business owner in the city she feels that there is certain disconnect with South Bend as a whole. She stated that she has submitted twelve bids to the City for work and received none. She stated that she would like to see that change a little bit, even if it means more communication and what needs to happen for minority women business owners to receive these bids. She urged the Council’s favorable consideration of this bill. Ms. Tina Prietol, 1049 E. Johnson Road, South Bend, Indiana, stated that she is in support of this bill. She stated that she is very excited to see the change that will occur with the passage of this bill. She stated that she is partners with Ms. Linda Carter in the I Go Youth Bill. She reiterated what Ms. Carter had mentioned that the program helps youth in the community get their GED and certification skills in construction. Mr. LeRoy King, 3029 Woodmont, South Bend, Indiana, stated that he is with Granger Community Church and is the Director of the Monroe Circle Community Center, 526 Western Avenue, South Bend, Indiana. Mr. King stated that they are in support of this bill. He stated that they have been partnering and collaborating with the Salvation Army and Byers Consulting to help uplift the community. He stated that they feel South Bend is a catalyst for community transformation. He stated that they look forward to helping individuals in the community take their next step into gaining a full life and be empowered so that they can take leadership and ownership in their own community. He stated that they want to create an environment that is very supportive and to provide mentoring and coaching and would love the opportunity for individuals to get into these jobs, but don’t want a hand out either. He urged the Council to support Bill No. 86-10. Mr. Kenneth Harper, 57555 Blue Jay Drive, South Bend, Indiana, stated that he is the Vice-President of the African American Chamber of Commerce of Michiana. He stated that he is very happy to be here tonight to speak in favor of this bill. Mr. Harper stated that he is a journeyman lineman for 34 years and stated that the youth of the community are just sitting around and with the passage of this bill will be able to participate in the economic development of this city. He stated that this bill would allow those youth to get into the skilled trades. He stated that it will help those that choose not to go to college, but allow them to use the tools and allowed them to participate in the economic growth in South Bend. He urged the Council to pass this bill. Linda Wolfson, 809 Park Avenue, South Bend, Indiana, stated that she wanted to make perfectly clear that she fully supports the goals of this bill. Ms. Wolfson stated that she could not decide if she was speaking in favor or in opposition, because she feels that this bill still needs to be worked on and there is a ways to go to get their. However, she wanted to be very clear that she is in full support of the goals of this bill. She stated that one of her concerns is that she would like to have a bill that can meets those goals and be fully implemented in achieving those goals. She stated that another concern is the naming of the people that will be on the diversity board. She stated that she thinks that it is a good principal that when elected officials delegate responsibility for important area of work that they keep a hand on who those people are and what work they are carrying out. She stated that she is concerned with resources and the availability of those resources and agreed with Councilmember Rouse that those resources need to be there if it is the right thing. Ms. Wolfson stated that because sometimes how the mechanism is carried out can be a problem and doesn’t want to hear it because of how it was designed. She stated that she is not sure capacity should be in this bill when it comes to purchasing and contracts. She urged the Council to consider those points when deciding on this bill. 5 REGULAR MEETING APRIL 11, 2011 th Mr. Gary King, 730 N. Hill Street, South Bend, Indiana, stated that he lives in the 4 District, an area where there is a lot that needs to be done. He stated that with the passage of this bill it will help to make that happen. He stated that he would like to see more help go out to those businesses that need helping in filling out the paperwork to get those bids for jobs. Mr. King stated that this would help with the capacity issue that Ms. Wolfson stated earlier and get more businesses involved in the bidding process and widen the selection of bidders and keep the money local. Mr. Paul Black, 18330 Greenleaf Lane, South Bend, Indiana, stated that he is definitely in favor of passage of this bill. He stated that through the Salvation Army Kroc Center Project was introduced as a minority business owner and has three contracts today because of that project. He stated that there are people out there that don’t want handouts they are looking for work. He stated that he has been in this community for 21 years and until the Kroc Center Project was never awarded a bid contract. He stated that it was through Lee Byers, of Byers Consulting that he was able to get the work. He stated that he is 100% behind this bill and hoped that the Council would be as well. There was no one wishing to speak in opposition to this bill. Councilmember Henry Davis, Jr. thanked the Council for their support of this bill. He especially thanked Councilmember Timothy Rouse and Lee Byers from Byers Consulting for their time and energy that went into this bill. He stated that this bill was sorely needed. He stated that the prior bill did not have enough teeth in it to enforce properly and this bill would allow for that enforcement. So that the minorities of the City of South Bend will have the opportunity to bid on jobs and take care of their families. He stated that he is very surprised that the Kroc Center was the main project that got this bill going. He stated because there are at least five or six community centers already on the west side of the city. Councilmember Henry Davis Jr. advised that he is in full support of this bill and looks forward to the jobs that will be available to make this community vital again. Councilmember White stated that she is proud to be one of the sponsors of Substitute Bill No. 86-10. She stated that this will be a great step forward for the City of South Bend. She stated that there were some questions proposed at the Community and Economic Development Committee meeting as well as questions proposed this evening that she would like to address in two weeks through the Community and Economic Development Committee, under the chair of Councilmember Timothy Rouse. She would like t review those issues and concerns and to make sure that they are as transparent as possible through communication between the Council and the Community as well. Through this process they will begin to finalize Bill No. 86-10, she noted that today is just the beginning. She stated that she would like for everyone to be proud of the bill so that it will allow for full participation from the minority owned businesses and women owned businesses. Councilmember White reiterated that she is proud to be one of the sponsors of this bill. Councilmember Rouse deferred to Council Attorney Kathleen Cekanski-Farrand to read into the record amendments that came before the CED Committee Meeting this afternoon. Council Attorney Kathleen Cekanski-Farrand stated that in the continued spirit of cooperation with the Administration of the City of South Bend she would like to Council to consider the following amendments. The first would appear on page 6 Section 14.5 paragraph (e) (5) strike out “Human Rights Office of the” and add Department of Administration and Finance. This in light of discussion with Chief Deputy City Attorney Aladean DeRose and Human Rights Director Lonnie Douglas to delete those words in three places on page 6 and also on page 12 Sec. 14.5-12 paragraph (b) Councilmember Puzzello made a motion to accept the amendment. Councilmember Oliver Davis seconded the motion. The motion carried by a voice vote of nine (9) ayes. 6 REGULAR MEETING APRIL 11, 2011 Councilmember Rouse thanked President Derek Dieter for allowing him to research this bill. He thanked the members of the Council and the City Administration for their collaboration on this bill. He stated that it has been a journey and thinks that they have done well looking for a win/win scenario and thinks that they have found one in this bill. He stated that there is still a lot of work that needs to be done, but feels very confident that with the work of the Legal Department, the Administration, the Council and the Department of Public Works will come together and come out to make South Bend a special place to work for the residents. Council President Dieter thanked Councilmember Rouse, Lee Byers and especially Council Attorney Kathleen Cekanski-Farrand for all their hard work. He noted that many meetings took place both here and off-site to discuss this bill and work out all the things that need to make a bill like this one work. He stated that it will benefit all businesses with the City of South Bend. Councilmember Henry Davis also thanked all the vendors who will be involved in this bill. He stated that they talked about construction work, but also need to thank the vendors who will also benefit by the passage of this bill. Council President Dieter made a motion to send Substitute Bill No. 86-10 as amended to full Council with a favorable recommendation. Councilmember White seconded the motion which carried by voice vote of nine (9) ayes. BILL NO. 11-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-59 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES Councilmember Timothy 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. Councilmember Rouse, 605 N. Cherry Tree Lane, South Bend, Indiana, made the presentation for this bill. Councilmember Rouse advised that he is sponsoring this bill in the interest of updating the 1998 ordinance which established the Commission on African-American Males. He stated that he had the opportunity to meet with representatives of the State of Indiana’s Commission on the Social Status of Black Males. In light f those discussions, it is apparent that our local ordinance needs to be updated and streamlined, so that it may become energized to carry out its mission. He stated that there are similar commissions operating in Ft. Wayne, Evansville, Bloomington, Michigan City, Gary Muncie, Anderson, Jeffersonville, and Indianapolis. Councilmember Rouse stated that some of the changes are reducing the number of members from 25 to 15; having members appointed from areas which are similar to Commissions in the other Indiana cities which have been more involved and focused on their mission of recommending ideas and potential remedies to address the critical social problems facing the Black male population; developing a working relationship between the South Bend Commission, other city commissions, and the State of Indiana’s commission; and having a member of the Youth Advisory Council sit on the Commission. 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 Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 7 REGULAR MEETING APRIL 11, 2011 BILL NO. 12-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565-05 BUT WHO WAS NOT NAMED THEREIN Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and after hearing the pros and cons voted to send it to the full Council with a favorable recommendation. th Mr. Michael Divita, Planner, Community and Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Divita advised that this bill will clear discrepancies with a 2005 annexation. He stated that the South Bend Common Council approved Ordinance No. 9565-05 on January 25, 2005, a voluntary annexation of property located in German Township near the intersection of Brick and Cleveland Roads. The ordinance’s legal description included three parcels; however, the owner of the parcel at 23914 Brick Road, Fiskars Properties did not join the other two property owners in petitioning for the annexation. Mr. Divita stated that Fiskars Properties now has formally consented to have its property be included with the City of South Bend. Mr. Divita stated that the proposed ordinance also corrects the size of the annexation area from 1.03 acres to 1.67 acres. 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 Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember LaFountain made a motion to rise and report to the full Council. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy A. Rouse, 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 8:25 p.m. President Derek D. Dieter presided with nine (9) members present. 8 REGULAR MEETING APRIL 11, 2011 BILLS – THIRD READING ORDINANCE NO. 10080-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, DIVISION 5, SECTIONS 2-8 AND 2-10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL AND AMENDING CHAPTER 2, ARTICLES 4 AND 5, BY ADDING NEW SECTION 2-49 ENTITLED RULES GOVERNING ELECTRONIC DEVICES USED DURING BOARD AND COMMISSIONS PUBLIC MEETINGS This bill had third reading. Councilmember White made a motion to amend this substitute bill as in the Committee of the Whole. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this substitute bill as amended. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10081-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAMS This bill had third reading. Councilmember Henry Davis made a motion to amend this substitute bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Oliver Davis made a motion to pass this substitute bill as amended. Councilmember Henry Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10082-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-59 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Henry Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 9 REGULAR MEETING APRIL 11, 2011 ORDINANCE NO. 10083-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565-05 BUT WHO WAS NOT NAMED THEREIN 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. RESOLUTIONS RESOLUTION NO. 4094-11 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 324 WEST GARST STREET, SOUTH BEND, INDIANA 46601 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 324 Garst Street, South Bend, IN 46601 In order to permit to construct and operate a 240’ telecommunication tower on property classified general industrial, a Variance of Developmental Standards from a maximum height of 200’ to 240’, a Variance from a monopole-type tower to a lattice-type self support tower and a Variance from the required landscaping on the south side of the facility to no landscaping on the south side of the facility. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 10 REGULAR MEETING APRIL 11, 2011 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The 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 Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and after hearing the pros and cons voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Building Department, 125 S. Lafayette Blvd, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception for a 240’ telecommunications tower, on property located at 324 Garst Street. Mr. Lyons advised that the Area Board of Zoning Appeals held a public hearing on March 2, 2011 and send this bill to the Common Council with a favorable recommendation. Ms. Kari Wallace, Charles S. Hayes, Inc., 814 Marietta Street, South Bend, Indiana, made the presentation for this bill. Ms. Wallace advised that Charles S. Hayes, Inc. is applying for a Special Exception Use to construct a 240’ telecommunications facility located at 324 W. Garst Street. She noted that the proposed facility will supplement an existing 349’ tower and compound at that location. 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 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4095-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1807 ALFTON COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT F. & N. MARIA BERGER 11 REGULAR MEETING APRIL 11, 2011 WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 1807 Alfton Court, South Bend, Indiana, and which is more particularly described as follows: Lot Number 38 Norawood Manor; , and this property has Tax Key Number 023-1050-3201.20be designated as a Residentially Distressed 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 a Residentially Distressed 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 a Residentially Distressed 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 that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. 12 REGULAR MEETING APRIL 11, 2011 SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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 Timothy 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. 13 REGULAR MEETING APRIL 11, 2011 Mr. Robert Berger, 1617 Provincial Drive, South Bend, Indiana, made the presentation for this bill. Mr. Berger advised that he and his wife Maria are planning to construct an approximately 2,300 to 2,500 square foot, single-family home. The home will have eight rooms and two and one-half bathrooms. The cost of the home is expected to be between $275,000 and $320,000. Mr. Berger noted that because they are unsure of final cost they added 12.5% to the higher value to cover any additional costs. Total taxes to be abated during the five (5) year abatement period are estimated to be $6,068 at the $275,000 level and $2,346 at the $360,000 level. Total taxes to be paid during the five (5) year abatement period are estimated to be $9,310 at the $270,000 level and $17,832 at the $360,000 level. 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 Henry Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO.14-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT.) 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 May 9, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4124 OLD CLEVELAND RD, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT ONE (1) 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9967-09A TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 25, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 14 REGULAR MEETING APRIL 11, 2011 BILL NO. 17-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROPRIATING $157,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 25, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 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 May 9, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time NEW BUSINESS Councilmember Henry Davis stated that he has received numerous complaints from residents in the 700 Block of Huey Street regarding loud car stereo’s driving up and down the street. He also asked if a letter could be sent to the South Bend Community School Corporation regarding conflicting public meeting schedules of the School Board and the South Bend Common Council. Councilmember Karen White stated that she is scheduling a Health and Public Safety Committee Meeting on Wednesday, April 27, 2011 to hear continued discussion on the City’s Administration’s Action Plan on Graffiti, Taxi Cab Regulations, and can add unreasonable noise to the agenda. She stated that she would like to have the number of violations written regarding loud car stereos for that meeting. Councilmember Oliver Davis advised that the reconfiguration of the intersection of Olive and Western Avenue is almost complete. He thanked former Councilmember Erv Kuspa and former Pastor Christopher Cox from St. Adalbert’s for their efforts in this project. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. 15 REGULAR MEETING APRIL 11, 2011 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:48 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 16