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Home My WebLink About01-09-12 Common Council Meeting Minutes REGULAR MEETING JANUARY 9, 2012 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, January 9, 2012 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: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom 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 December 12, 2011 Meeting; December 19, 2011 Special Meeting; and the January 2, 2012 Organizational 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 Scott made a motion that the minutes of the December 12, 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. Councilmember Oliver Davis made a motion that the minutes of the December 19, 2011 Special Meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a motion that the minutes of the January 2, 2012 Organizational Meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Dieter announced that the Council will need dedicated city residents to work with the Council Members, and the Council Committees. Applications may be found on the City’s website, in the Office of the City Clerk or from any of the nine (9) Councilmember’s. He advised that all applications should be filed no later than noon on Friday, January 20, 2012. They will then be referred to the Council Committee Chairpersons who will make the final selection. 1 REGULAR MEETING JANUARY 9, 2012 REPORTS OF CITY OFFICES th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, offered his congratulations to the Council and thanked them for bending their schedules to participate in a joint swearing in, which he stated he believes sent exactly the right message to the community about our commitment to work together for the betterment of the City of South Bend. He stated that he doubted that any two of us will agree all the time on everyone, but knows that they can all agree on the value of being in close coordination and communication. He stated that he thinks that the Council has an incredibly important role of being in close coordination and communication. He stated that he thinks the Council has an incredibly important role in setting the direction of the future of the City. He stated that he would like to commit to each other to be in frequent communication by any means that are appropriate and possible. For those of you who happen to be Democrat, he is committed to having frequent caucuses, if it is thought to be valuable, so that they can coordinate and not surprise each other too often. For those of you who might be Republican, he stated that partisan difference should be no obstacle to being able to be in respectful communication in working together for the sake of the City. Mayor Buttigieg stated that he has an open door, so those of you who haven’t already he encouraged them to say hello and to invite him to anything that they see important for him to see or understand or learn about in the districts. He stated that he hoped very much that they will be able to continue the year in the spirit of trust and mutual respect as well as affection as fellow public servants. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:12 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, presiding. Councilmember White, 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 85-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET Councilmember Gavin Ferlic disclosed that he is a property owner in the triangle area. After discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Councilmember Varner, Chairperson, Public Works 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. Mr. Mike Danch, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, representing the City of South Bend Heritage Foundation, South Bend Redevelopment, Wayne Curry, Jr., Five Corners LLC, Samuel & Betty Kariuki, the Northeast Neighborhood Revitalization Organization and the University of Notre Dame, made the presentation for this bill. 2 REGULAR MEETING JANUARY 9, 2012 Mr. Danch advised that his clients are requesting the vacation of several alleys and portions of streets to allow for the proposed Triangle Planned Unit Development project area. He stated that it will allow for future development of single-family home sites within the proposed Planned Unit Development. Mr. Danch advised they believe that vacating the public right-of-ways will not have a detrimental effect on the adjacent properties located within this new Planned United Development, as it will allow for the construction of approximately 53 homes. 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 as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 81-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5,700,000.00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION Councilmember Dieter made a motion to continue this bill until the February 27, 2012 meeting of the Council at the request of the petitioner. Councilmember Gavin Ferlic seconded the motion. The motion carried by a roll call vote of five (5) ayes (Councilmember’s Scott, Fred Ferlic, Varner, Gavin Ferlic, Dieter) and four (4) nays (Councilmember’s Henry Davis, Jr.; Valerie Schey; Oliver Davis; Karen White) BILL NO. 83-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FORM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 Councilmember White, Chairperson, Personnel & Finance 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 Catherine Toppel, Director, Code Enforcement 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Toppel presented a power point presentation (a copy of which is on file in the Office of the City Clerk.) She stated that the bill requests an appropriation of $130,000 for the funding of 2, 2-man crews within the Solid Waste Department operation, to perform the clean-up activities and cover personnel costs for the crews, equipment operation costs (fuel and repair), landfill tipping fees and other miscellaneous expense. This appropriation will provide funding to operate the additional crew through the end of June 2012. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 3 REGULAR MEETING JANUARY 9, 2012 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 as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) Councilmember Dieter made a motion to continue this bill until the January 23, 2012 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) 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 nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, 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 8:01 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10144-12 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET 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. ORDINANCE NO. 10145-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FORM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 4 REGULAR MEETING JANUARY 9, 2012 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. 4144-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South , Bend, Indiana, requesting that the area commonly known as 1400 West Riverside Drive South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest ¼ of said, section 35; thence South 89 49’ 52” West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55’ 00” West, 116.24 feet; thence North 00 00’ 27” West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55’ 00” West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55’ 18” East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55’ 18” East along the South line of King Street, 352.84 feet; thence North 00 00’ 27” West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06’ 09” East, 128.81 feet; thence North 89 46’ 49” East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37’15” West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00’ 00” West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the ¼ of said section 35; thence North 00 00’ 30” West (bearing assumed) along the East line of said Southwest ¼ a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00’ 30” West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along said South line of Queen Street 176.60 feet, thence North 00 02’ 36” Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56’ 09” West along said centerline of alley, 131.27 feet; thence South 00 06’ 09” West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along Allen Street; thence South 00 05’ 51” West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58’ 27” East along said South line of McCartney Street, 12.91 feet; thence South 00 06’ 09” West 6.11 feet; thence North 89 56’ 09” East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; 5 REGULAR MEETING JANUARY 9, 2012 WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 6 REGULAR MEETING JANUARY 9, 2012 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Henry Davis, 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. Mr. Gerald Lerman, 2722 W. Tucker Drive, South Bend, Indiana, made the presentation for this bill. Mr. Lerman advised that Steel Warehouse hereby submits its application for Personal Property Tax Abatement in connection with a project to add new equipment having a value of approximately $1.9 million to $3.4 million. He stated that he believes the project will create ten new full time jobs with an annual payroll increase of $314,000 and maintain twenty existing full time jobs with an annual payroll of $653,800. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 01-12 FIRST READING OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10119-11 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS WITHIN DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2012 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on February 13, 2012. Councilmember Fred Ferlic seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Oliver Davis.) UNFINISHED BUSINESS REPORTS FROM THE AREA PLAN COMMISSION BILL NO. 67-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4901 GREENLEAF LANE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOTH BEND, INDIANA 7 REGULAR MEETING JANUARY 9, 2012 Councilmember Varner made a motion to strike this bill from consideration at the request of the petitioner. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3321 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 72-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER’S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH’S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. #23), SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer Bill Nos. 71-11 and 72-11 to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on January 23, 2012. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS FROM THE AREA BOARD OF ZONING APPEALS BILL NO. 12-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 918 OLIVER PLOW COURT AND THE PROPERTY ADJACENT TO AND EAST OF SAID 918 OLIVER PLOW COURT, SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on January 23, 2012. NEW BUSINESS Councilmember Henry stated that he has some concerns regarding transparency, policy and procedures. Councilmember Oliver Davis stated that he has some concerns regarding caucuses. Councilmember White stated that she would like to see Councilmember’s Henry Davis and Oliver Davis concerns address at a Council Rules Committee. 8 REGULAR MEETING JANUARY 9, 2012 PRIVILEGE OF THE FLOOR CONCERNS FROM MR. JAMES LEE REGARDING TRANSPO BUS ROUTES CUTS James Lee, 1906 Delaware, stated that he is concerned about TRANSPO cutting bus routes. He urged the Council to asked TRANSPO to reconsider cutting bus routes. CONCERNS FROM MR. JERRY NIEZGODSKI WELCOMING THE NEW MEMBERS OF THE COUNCIL Jerry Niezgodski, 2930 Bonds, South Bend , Indiana, welcomed the new members of the Council. Mr. Niezgodski also had concerns regarding the microphones in the Council Chambers. He stated that he was having a difficult time hearing the Council Attorney speak this evening. He urged the Council when speaking to speak into the microphones. CONCERNS FROM MELISSA STOKELY REGARDING THE SOUTH BEND HOUSING AUTHORITY SEXUAL HARASSMENT AND DISCRIMINATION ALLEGATIONS th Melissa Stokely, 910 4 Street, Mishawaka, Indiana, asked the Council to get information regarding the sexual harassment and discrimination allegations at the South Bend Housing Authority. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:18 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 9