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HomeMy WebLinkAbout04-25-11 Common Council Meeting Minutes REGULAR MEETING APRIL 25, 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 25, 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 April 11, 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 White made a motion that the minutes of the April 11, 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 City Clerk John Voorde read a statement that he sent to the Voice of the People Editor at the South Bend Tribune explaining the video taping of the South Bend Common Council Meetings. RESOLUTION NO. 11-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE RIGHT OF REPRESENTATION AND COLLECTIVE BARGAINING FOR WORKING MEN AND WOMEN 1 REGULAR MEETING APRIL 25, 2011 Councilmember Puzzello made a motion to hear Bill No. 11-25 under Special Business. Councilmember Oliver Davis seconded the motion, which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4096-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE RIGHT OF REPRESENTATION AND COLLECTIVE BARGAINING FOR WORKING MEN AND WOMEN , Whereas on April 18, 2011, it was reported that the Senate Appropriation Committee voted 8-3 for a $28 billion two-year budget for the State of Indiana, with it going to the full Senate for possible changes and debate; and , Whereas a provision was included in that 2-year budget that would ban collective bargaining for state employees, and would further provide that no future Indiana Governor could use an Executive Order to create collective bargaining with action by the State Legislature being required; and , Whereas former Governor Evan Bayh instituted collective bargaining by an Executive Order, and Governor Daniels revoked collective bargaining by an Executive Order in 2004; and , Whereas in light of this heated and ongoing debate, the Common Council wishes to acknowledge the hard-working and dedicated women and men who work in the City of South Bend, Indiana; , Whereas for many generations, there have been countless contributions made by the working men and women of our city, and the Council believes that they have the right to seek representation and bargain collectively; and , Whereas the City of South Bend is a leader in support of collective bargaining. We have worked with representatives of the South Bend Firefighter’s Association Local No. 362; representatives of the Fraternal Order of Police, South Bend Lodge No. 36; and the Teamsters Local Union No. 364, which has resulted in creating positive and innovative working relationships; and , Whereas because of these success stories, good working conditions resulted which were within city budgetary guidelines. Surrounding communities now look to South Bend as an example of what a united commitment to common goals and common ideals can accomplish; and , Whereas the Common Council believes that because of the very right of representation and collective bargaining is under siege that it believes that it should stand for the value and integrity of working men and women. The Council respects the importance of the collective bargaining process, as well as the cooperative efforts and hard-work to accomplish common goals. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. The South Bend Common Council stands with the working men and women of the City of South Bend in seeking to preserve the right to representation and to the process of collective bargaining for safe and productive working conditions, fair wages, and monetary fringe benefits. Section II. The South Bend Common Council recognizes the integrity and respect which has been built over the years through the local collective bargaining process, and 2 REGULAR MEETING APRIL 25, 2011 believes that such rights have contributed to a very meaningful process which is respected and held in high esteem. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. ndth s/Henry Davis, Jr., 2 District s/Ann Puzzello, 4 District th Attest: Adopted this 25 day of April, 2011 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Henry Davis Jr. and Councilmember Puzzello made the formal presentation for this resolution by reading it in its entirety. Councilmember Henry Davis, Jr. stated that positive working relationships are essential to establishing and maintaining proactive measures among employees and employers. He advised that both management and labor need to have viable systems to communicate their views and requirements to each other. Employee-employer relationships must take place at both the individual level, but also at the collective level. He stated that the City of South Bend has a proven track record of fostering positive relationships with both its non-bargaining and union represented employees. Councilmember Puzzello stated that in light of the many forums where there are often heated debates and demonstrations taking place, they believe it is important to recognize the many positive benefits which result from the right to representation and the collective bargaining process. A Public Hearing was held on the Resolution at this time. Jim Szucs, Business Agent, Teamster Local Union No. 364, 2405 E. Edison Road, South Bend, Indiana, spoke in favor of this bill. He thanked the Council for this Resolution. Councilmember Varner stated that in the sixteen years that he has been on the Council that the bargaining within the City of South Bend has been fair, honest and straightforward. He stated that he cannot support this and has an objection to it. He stated that no matter whether there is a Republican or Democrat Governor in office that they can unilaterally impose an executive order and bring about a collective bargaining agreement. He stated that in the same way a Governor can unilaterally withdraw a collective bargaining agreement. He stated that he honestly believes that it belongs in the hands of the state legislature. He stated that he pretty much agrees with Sections I, II and III, but the whereas’ he stated that he is looking at a different perspective and does not what to diminish anything that has been accomplished. He stated that he won’t be able to support this bill as written, but that doesn’t mean that he is against the accomplishments. Councilmember White thanked Councilmember’s Puzzello and Henry Davis, Jr. She stated that the city has and continues to have great relationships with all of the bargaining units within the City. Councilmember Puzzello gave all thanks to Councilmember Henry Davis, Jr. Councilmember Henry Davis, Jr thanked all the Councilmember’s for their support. He stated that he has been and advocate for this and had the opportunity to go down state to rally and support the unions. He stated that he felt that this would be beneficial to the City and the Council because they traditionally do collective bargaining agreements and negotiations in the summer months and thought this would be a way to say that they are in support of the local unions that they work with and that they are in full support of what happens locally. He felt that this could be a catalyst in showing and making sure that collective bargaining happens at an optimal level. 3 REGULAR MEETING APRIL 25, 2011 Councilmember Dieter thanked Council Attorney Kathleen Cekanski-Farrand for her hard work in drafting this Resolution. There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kirsits made a motion to adopt this Resolution. Councilmember Rouse seconded the motion which carried. The Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Varner.) RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, presiding. Councilmember Rouse 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 Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 14-11 PUBLIC HEARING 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.) Councilmember Dieter made a motion to continue this bill until the May 9, 2011 meeting of the Council. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-11 PUBLIC HEARING 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) Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full council with a favorable recommendation. th Ms. Pamela Meyer, Director, Community and Economic Development Department, 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 amend the Homelessness Prevention and Rapid Re-Housing Program (HPRP) appropriation Ordinance No. 99670-09A which the Council passed on October 12, 2009. Ms. Meyer noted that there is no change to the overall appropriation however certain agency allocations are being adjusted. Ms. Meyer reminder the council that this appropriation covers three years from July 20, 2009 – July 19, 2012, and that a portion of these dollars have already been expended. She stated that after consultation with HUD staff in both the Indianapolis Field office and Washington, 4 REGULAR MEETING APRIL 25, 2011 these changes are being submitted in an effort to implement a plan to better position the City and subgrantee agencies to expend all of the HPRP dollars by the three year deadline of July 2012. She noted that the changes speak to an actual change in service provisions from Madison Center to Oaklawn; the pattern of higher investment costs per client than originally projected so an increase in the financial assistance dollars; the actual contractual cost of data collection; and small increases in YSB and CFTH administrative dollars. Ms. Meyer stated that per the Housing and Community Development Plan and HPRP regulations, a 12 day comment period to review the changes to the HPRP Substantial Amendment occurred from March 28, 2011 through April 9, 2011. A copy of this amendment was also available on the City’s website. Councilmember Rouse asked is there was a matrix of various funds and the shifts. Ms. Meyer advised that a quarterly report is sent to the Council with that information. The report does not break down by agency, but has a total number reported. Councilmember Rouse stated that he is looking for a report by agency. Ms. Meyer stated that they can give the number of people per agency, but not the names of those people for confidentiality reasons. They have the number of individuals; the number of households; race; and gender. Councilmember Rouse asked if they had it by zip code or census blocks. Ms. Meyer stated that she believes that information is entered into the database. She stated that she believes that it could be reported like that. 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. 17-11 PUBLIC HEARING 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 Councilmember Dieter made a motion to continue this bill until the June 13, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Puzzello 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. 5 REGULAR MEETING APRIL 25, 2011 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 7:31 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10084-11 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4097-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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; 6 REGULAR MEETING APRIL 25, 2011 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby 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. 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. 7 REGULAR MEETING APRIL 25, 2011 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. 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 Mr. Robert Berger, 1617 Provincial Drive, South Bend, Indiana, made the presentation for this bill. Mr. Berger advised that he and his wife Maria plan to construct an approximate 2,300 to 2,500 square foot, single-family home. The home will have eight rooms and two and one-half bathrooms. The approximate cost of the home is expected to be between $275,000 to $320,000. He noted that because they are unsure of what the final cost of the home will be they have 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 $2,236 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. Mr. Berger noted that there is an existing resident tax abatement on 1807 Alfton court that was granted through Confirming Resolution Number 3644-06 on September 25, 2006. the abatement was granted to ROJO Development, Incorporated which is no longer in business. He stated that they plan to complete the construction of their home before the current abatement expires on September 10, 2011. Mr. Berger advised that it is for that reason that they have submitted this bill. 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 Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 11-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS Councilmember Varner made a motion to continue this bill until the May 9, 2011 meeting of the Council. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILLS - FIRST READING There were no bills for first reading at this time. 8 REGULAR MEETING APRIL 25, 2011 UNFINISHED BUSINESS Councilmember Varner made a motion to continue Bill No. 18-11 regarding Permit Fees for the Building Department until the June 13, 2011 Meeting of the Council. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS REPORTS FROM THE AREA BOARD OF ZONING APPEALS: BILL NO. 11-28 – SPECIAL EXCEPTION – 700 WEST IRELAND ROAD BILL NO. 11-29 – SPECIAL EXCEPTION -1201 CAMPEAU BILL NO. 11-30 – SPECIAL EXCEPTION – 1019 & 1023 TALBOT AVENUE Councilmember Varner made a motion to refer Bill Nos. 11-28; 11-29 and 11-30 to the Zoning and Annexation 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. REPORTS FROM THE AREA PLAN COMMISSION: BILL NO 13-11 – REZONING – 400 BLOCK OF NORTH NOTRE DAME AVE. Councilmember Henry Davis made a motion to refer Bill No. 13-11 to the Zoning and Annexation 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. PRIVILEGE OF THE FLOOR Councilmember Kirsits advised the the Community Campus Advisory Coalition will be meeting on Tuesday, April 26, 2011 at 3:30 p.m. at the Notre Dame Downtown Office of Community Relations, 217 S. Michigan Street, South Bend, Indiana, 46601. Mr. Kevin Hoggard, 735 N. Huey Street, South Bend, Indiana, spoke regarding Section 13-57 of the South Bend Municipal Code referring to loud and unreasonable noise. Mr. Hoggard stated that he has had numerous instances and called the South Bend Police Department regarding loud car stereos. He stated that he has gotten the impression that nothing can be done and no one cares. He asked the Council to look into this matter. Councilmember Karen White, Chairperson, Health and Public Safety Committee stated that she has scheduled a committee meeting for Wednesday, April 27, 2011, at 3:30 p.m. th in the Council Informal Meeting Room, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, to discuss Section 13-57 of the South Bend Municipal Code regarding loud and unreasonable noise. She encouraged Mr. Hoggard to attend if he is able. 9 REGULAR MEETING APRIL 25, 2011 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:46 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 10