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HomeMy WebLinkAbout10-10-11 Common Council Meeting Minutes REGULAR MEETING OCTOBER 10, 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, October 10, 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 Henry Davis, Jr. 2nd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Timothy Rouse At-Large, Chairperson Committee of the Whole Karen L. White At-Large Absent: Thomas LaFountain 3rd District Al “Buddy” Kirsits At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney Janice I. Talboom Deputy City Clerk Absent: John Voorde 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 September 26, 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 September 26, 2011 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember David Varner seconded the motion which carried by a voice vote of (7) ayes. Councilmember Timothy 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. 1 REGULAR MEETING OCTOBER 10, 2011 PUBLIC HEARINGS BILL NOS. 53-11; 54-11 AND 55-11 (COUNCIL PORTION ONLY) BILL NO. 53-11 PUBLIC HEARING ON A BILL FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 BILL NO. 54-11 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 55-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Oliver Davis made a motion to combine Bill Nos. 53-11; 54-11; and 55- 11 for purpose of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Chairperson Rouse stated that they are in the Council Portion Only. Councilmember White, Vice-Chairperson, Personnel & Finance Committee, reported that this committee met on Substitute Bill No. 53-11; Bill No. 54-11 and Bill No. 55-11 and sends all three bills to the Council with no recommendation. Councilmember Varner advised that the last few years for the city have been tough for a variety of reasons. He stated that he would like to say that he can always find something to comment on the budget. He stated that the setting of the tax rate and levy are for the sake of setting the goal which is to meet the state obligation. He stated that from his prospective they have really constrained spending, and there is always ways to try to improve that, but didn’t want to choose to argue that right now. Councilmember Varner stated that it is a tough given the funds that they have to work with. He stated that he respects and thanks all involved in the process that put the budget together. Councilmember Varner stated that he believes they have done a pretty good job with this budget given the tough economic situation. 2 REGULAR MEETING OCTOBER 10, 2011 Councilmember Dieter made a motion for favorable recommendation to full Council concerning Substitute Bill No. 53-11. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Dieter made a motion to strike the TRANSPO Memorandum of Agreement and referred to the Council Attorney to read into the record. Council Attorney Kathleen Cekanski-Farrand stated that the line item detail is page 176 Fund #404 Line Item 2011 TRANSPO Property Lease in the amount of $250,000. Councilmember Varner seconded the motion which carried by a voice vote of seven (78) ayes. Councilmember Dieter stated that it was brought up at the committee meeting that the administration would get information to the Council concerning the Eddy Street Parking Garage and the use of South Bend Police Department ticket stock. He stated that they wanted to find out how many of those tickets are being used and who is authorized to use them. He also wanted to know who authorized those individuals and when the fines are written what account are those monies being deposited into. Councilmember Varner stated that there will be funding for one more year for the College Football Hall of Fame (CFHF). He stated that it has been at least fifteen (15) or sixteen (16) years that the City of South Bend has been subsidizing the CFHF and it was their decision to leave the City. He stated that hopefully 2012 is the last time public dollars will be given to the CFHF for their benefit. He stated that they are welcome to stay longer as long as they are willing to pay rent and assume some of the responsibilities of the building. Councilmember Dieter made a motion for favorable recommendation to full Council concerning amended Bill No. 54-11. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Dieter made a motion for favorable recommendation to full Council concerning Bill No. 55-11. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 43-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mary Miller, 930 Rose Street, South Bend, Indiana, made the presentation for this bill. Ms. Miller advised that she is requesting the vacation to put up a fence and gate to keep people from dumping trash down the lane, as well as to keep others from approaching the house. She stated that she had more than one incident of someone trying to break into her home. Councilmember Varner noted for the record that Ms. Miller made all attempts to notify adjacent property owners. He stated that City Engineer Carl Littrell advised that the City Engineering Department is satisfied with Ms. Miller’s petition. Councilmember Rouse noted that if there is any communication between Oaklawn and the City Engineering Department, that Ms. Miller would be notified. 3 REGULAR MEETING OCTOBER 10, 2011 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 seven (7) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: ATTEST: _____________________________ _________________________ Janice Talboom, Deputy City Clerk Timothy 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: 15 p.m. President Derek Dieter presided with seven (7) members present. BILLS – THIRD READING ORDINANCE NO. 10123-11 AN ORDINANCE FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10124-11 APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 4 REGULAR MEETING OCTOBER 10, 2011 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis, Jr.) ORDINANCE NO. 10125-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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 six (6) ayes and one (1) nay (Councilmember Henry Davis, Jr.) ORDINANCE NO. 10126-11 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS BILL NO. 11-57 A RESOLUTION SUPPORTING THE INVESTMENT OF CAGIT, TIF, UDAG AND CEDIT MONIES IN THE CHASE TOWER IN DOWNTOWN SOUTH BEND Councilmember Puzzello made a motion to continue this bill until October 24, 2011. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. 5 REGULAR MEETING OCTOBER 10, 2011 BILLS - FIRST READING BILL NO. 63-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1145 NORTHSIDE BOULEVARD, 947 LOUISE STREET, AND A VACANT PARCEL LOCATED TO THE NORTH OF 1145 NORTHSIDE BOULEVARD AND TO THE WEST OF 947 LOUISE STREET, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 64-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS OF 2011 AND APPROVING AUTHORIZING OTHER ACTIONS IN RESPECT THERETO $1,500,000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 SOUTH BEND CAREER ACADEMY PROJECT This bill had first reading. Councilmember made a motion to refer this bill to the Community and Economic Development committee and set it for Public Hearing and Third Reading on October 24, 2011. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS Council President Dieter thanked everyone involved with Xavier School of Excellence. He thanked Gary Gilot for all his hard work in helping put up traffic signals and flashing lights on Main St. He noted that due to the school’s budget cut backs they were helped by the city to obtain some signalization on Michigan Street as well. Councilmember White, Chairperson, Health and Public Safety (HPS) Committee, reported that the HPS Committee met on October 5, 2011 to discuss illegal dumping. She stated that the HPS Committee will meet again to continue the discussion on illegal dumping on October 26, 2011, at 5:00 p.m. to receive the City Administration’s Action Plan on illegal dumping. Councilmember White noted that from there the Council will review the current ordinance and see where the ordinance needs to be strengthened. She stated that they will be working in conjunction with the South Bend Police Department and the St. Joseph County Prosecutor’s Office as well to strengthen this ordinance. 6 REGULAR MEETING OCTOBER 10, 2011 Councilmember Oliver Davis thanked everyone involved for their hard work at the intersection of Walnut and Western. He stated that it is a much safer intersection and is happy to have it open. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:25 p.m. ATTEST: ATTEST: ____________________________ ____________________________ Janice Talboom, Deputy City Clerk Derek D. Dieter, President 7