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HomeMy WebLinkAbout06-27-11 Common Council Meeting Minutes REGULAR MEETING JUNE 27, 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, June 27, 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 Thomas LaFountain 3rd 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 June 13, 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 Rouse made a motion that the minutes of the June 13, 2011 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 4111-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING PHIL ST. CLAIR FOR HIS DEDICATED SERVICE AS THE LONGEST SERVING SUPERINTENDENT OF THE CITY’S PARKS & RECREATION DEPARTMENT , Whereas the South Bend Parks & Recreation Department oversees & maintains 57 local parks which provide a wide variety of activities for residents and visitors to our community - from the Potawatomi Zoo constructed in 1902, the oldest accredited zoo in the State of Indiana; the East Race Waterway constructed in 1984, which is the first man-made white water rapids facility in North America; to the Belleville Softball Complex, 3 city golf courses, 7 recreation centers, 2 city swimming pools, a skate park, a greenhouse, a conservatory, Coveleski Stadium, O’Brien Fitness Center; and over 1,200 acres of park land; and 1 REGULAR MEETING JUNE 27, 2011 , Whereas the South Bend Common Council recognizes that on January 25, 1993, Mayor Joseph E. Kernan appointed Phil L. St. Clair to be the Superintendent of the Parks & Recreation Department, who has become the longest serving Park Superintendent in the City’s history, following in the footsteps of former Superintendents Karl Stevens, 1987-1992; James Seitz, 1970-1987; Charles VanDeVeire, 1967-1970; and Ralph Newman, 1948-1967; and Whereas, Phil oversees 130 full-time and over 400 part-time and seasonal Park & Recreational employees; monitors over a $12 million annual budget; sees that 25,000 acres of park land and 125 street islands are regularly mowed; helps see that over 15,000 yards of leaves are hauled away each Fall; assists the Street Department each winter in removing snow from park facilities, parking lots and trails; removes 300 tons of trash from park facilities each year; and sees that new plantings are made especially after storms; and 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 publicly honors and congratulations , Phil St. Clairthe longest serving Park Superintendent in the City’s history whose vision has resulted in the Parks and Recreation Department receiving many state and national recognitions for excellence. Section II. The Common Council further recognizes that Phil St. Clair has served as a volunteer coach of little league baseball and YMCA basketball teams for 15 years; has coached for over 7 years as a Riley High School baseball coach; was named by the st Indiana Parks and Recreation Association in 2009 the “Professional of the Year” – the 1 time for a South Bend Park Superintendent; has served on the Board of Regents of the National Recreation and Parks Association; while working to carry out the Parks and Recreation Department’s goal that “We Build Community Through People, Parks and Programs”. Section III. The Council wishes Phil [a true Jarhead –who exemplifies the willingness to put duty before himself] continued success in providing leadership, vision and innovative ideas to South Bend’s outstanding parks and recreation programs; and wishes him continued years of great times together with his wife, Deb, their two (2) sons, and their many family members and friends. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 27 day of June, 2011 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Phil St. Clair. A Public Hearing was held on the Resolution at this time. 2 REGULAR MEETING JUNE 27, 2011 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. St. Clair thanked the Council for this honor. He stated that he also wanted to thank the Park Department staff. He stated that they there are a great group of individuals who work diligently everyday to make the Park & Recreation Department a great place for all the citizens of South Bend. He also thanked his family for all their support. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. REPORTS OF CITY OFFICES UPDATE ON INTERSECTION AT SCOTT AND DUBAIL – GARY GILOT Mr. Gilot advised that the police department had only one accident report at the intersection of Scott and Dubail in five years. He stated that it was a single vehicle motorcycle accident without injuries or witnesses. He stated that the motorcyclist left the scene. He stated that the vehicle was traveling east on Dubail, skidding through the intersection. He stated that the side lines are good and northbound Scott Street is a downhill grade, typical of the neighborhood, unusual for the City as a whole. The intersection control is two-way giving Scott the preference. He stated that he did not think that requiring a stop on Scott, disrupting a well-established traffic patter would serve to improve the safety performance. .. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 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 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.32-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10, OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember Dieter made a motion to amend the substitute bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health and Public Safety 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 with concerns. th Aladean DeRose, Chief Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that the State legislature has passed and on May 10, 2011 Governor Daniels signed Senate Bill 292. She stated that because of the passage of Senate Bill 292 there is very little that municipalities can do in the area of gun control. Ms. DeRose advised that this bill amends Chapter 13, Article 10 of the South end Municipal Code. 3 REGULAR MEETING JUNE 27, 2011 She noted that Article 10 of Chapter 13 has been stricken and that this bill authorized the only restrictions that can be applied against members of the public. She noted that this the new Statute goes into effect July 1, 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. Councilmember Henry Davis stated that he has great concern regarding this bill. He questioned what local governments could do to get this law changed. He stated that he is not in favor of this bill. 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 substitute bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) Councilmember White advised that as Chairperson of the Health and Public Safety Committee she would like to work closely and find out how other communities are dealing with this. BILL NO. 27-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,350,000 FROM MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 Councilmember LaFountain, 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. Councilmember Dieter advised that he has filed his conflict of interest form with the Office of the City Clerk, County Clerk and with the State of Indiana. He also disclosed that he is a 1974 graduate of St. Joseph High School and that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict of interest. Councilmember Kirsits stated that he has filed his conflict of interest form with the Office of the City Clerk, County Clerk and with the State of Indiana. He also disclosed that his is a 1973 graduate of St. Joseph High School and that his two sons are graduates of St. Joseph High School and that that he has a relative who currently works as a secretary for St. Joseph High School. Councilmember Kirsits advised that he had participated in a pledge campaign where he contributed $100 each year for a total of three (3) years to a football fund to be used for upgrading facilities located at the current locations of St. Joseph High School. He stated later an option was given to have said monies returned, or have them remain in the fund and be used for a future project. He stated that those monies remain in the fund at the present time. After discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict of interest. Councilmember Henry Davis advised that his wife is a graduate of St. Joseph High School. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that there are four components of the bill. $60,000 for Engineering work to move city utilities which will be in the right of way which will be in the way of the realigned U.S. 31 as it comes into the Southside of South Bend. $40,000 for a water pump at Ebel Golf Course. $50,000 to repair piers on the riverwalk at the 4 REGULAR MEETING JUNE 27, 2011 Colfax Bridge. Some of the concrete around those piers is deteriorating and they want to make sure that is stabilized. 1.2 million dollars for site consolidation and the former St. Joseph Hospital site the current St. Joseph High School site. The reason for the second substitute bill is to add language because the Council continued the bill before it could be amended in at the last Council Meeting. That language is this: The site consolidation appropriation of $1,200,000 is subject to a written agreement setting forth the public benefits to the citizens of South Bend which will be provided and are intended to be realized by the redevelopment and future use of the site. These public benefits shall include, but shall not be limited to, the use of the outside athletic facilities by the South Bend Community School Corporation and other public entities on dates when Saint Joseph High School (the “School”) does not have a conflicting scheduled event; and access to other limited indoor venues during such times and for such events as mutually agreed when the School does not have a conflicting scheduled event. All use shall be subject to usual and customary costs of operation of the facility such as custodial and security expenses. Such written agreement shall be filed with the Office of the City Clerk. Mayor Luecke thanked the Council for their consideration and strongly asked for support of this appropriation. He stated that this is a critical piece of property for our community when St. Joseph Hospital decided to build a new campus; they had the risk of this being a large vacant property right in the core of the city for a long time. Had a developer come to the city with a project they would most likely could have spent upwards of 5 to 6 million dollars to assist private development of this site. They are excited and pleased to have St. Joseph High School make a long term commitment to the City of South Bend and to this site and to invest 35 million dollars of private money at this site. He stated that the City participation is 1.2 million dollars and they are proposing to acquire the Family Dollar Store and then transfer the property to the school in exchange for public benefit that will derived. That public benefit refers to items that are in the amended language that is use of the stadium by South Bend High School’s and perhaps by other leagues Pee-Wee Leagues or others using the stadium as well. Potentially the opportunity to host regional or sectional football games at that stadium in the City of South Bend. In addition, use of the school facility itself during times when St. Joe High School is not using it. He stated that it is his understanding that the administration there is actively looking to develop ways that the community can participate in and use that facility as well. So there is a public benefit and a public return for the investment that they are proposing to make. In addition to that, obviously there is the major benefit of a 35 million dollar investment on that site. The construction jobs created at that site and the further benefit of the surrounding area. He stated that he believes that there will be more interest for housing in the neighborhood and an opportunity for more stores in the East Bank and near Downtown area to develop in conjunction with that. He stated that he knows there has been some question of Church and State issues raised. City Attorney Chuck Leone sent a memo to Councilmember’s and he asked Chief Assistant City Attorney Aladean DeRose to speak to the constitutionality issue. th Aladean DeRose, Chief Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that essentially the Mayor has clarified exactly what it is that we are receiving and that is the Public of the City of South Bend. And as long as there is a substantial public benefit to an investment of this sort the Indiana Supreme Court has found that any other benefit to the School is incidental. What the City is getting is the recovery of a vacant piece of property right in the middle of the downtown area, a substantial site. The City is getting the use of the public facilities of the field facilities the outdoor facilities and the indoor facilities for the benefit of the public. The Indiana Supreme Court recently at late 2003 ruled in a case Embry vs. O’Bannon that even though a public school corporation provided teachers with computers and other kinds of reading materials that type of aid to a public school that was incidental to the public benefit of educating the public and therefore, there was no constitutional violation. She stated that in an Attorney General’s opinion that the Council’s Attorney provided to the Council furnishing free buses by a school corporation to children going to private schools was also determined not to be unconstitutional because the primary benefit was educating the public, the protection and education of children. So the public benefit here is a substantial one and if that public benefit is substantial and there is only incidental benefit to the school as a private school then it is constitutional in her opinion. 5 REGULAR MEETING JUNE 27, 2011 Mayor Luecke stated that St. Joseph High has not asked the City for any other participation in this project beyond what we are asking of the Council tonight. He stated that he does not anticipate any additional requests for St. Joseph High School for this project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Oliver Davis stated that he is concerned that St. Joseph High School will have a full schedule of events and therefore there will be no availability for the public to use their facility. He also questioned whether the language in the ordinance would be sufficient. Aladean DeRose advised that the City is satisfied with the language that has been worked out with the City Attorney’s Office, Council’s Attorney and the School Corporation Attorney that this language will be binding, that it will be significant and that it will continue for the life of the school. Mayor Luecke advised that he is not proposing that the field is a city park. He stated that they are proposing that there will be public use that is that there will be scheduled events that will meet with St. Joseph High School that are public entities using that field or members of the public participating in activities at the school and more of those details will be available in the memorandum of understanding as they move to transfer of the property. He stated that he did not want anyone having the impression that they can go in at any time to use a class room, the library, or use the field. He stated that the public benefit will be used for scheduled events and scheduled activities and create additional space that is available for those types of things that is not available currently. Council Attorney Kathleen Cekanski-Farrand stated that the Memorandum of Understanding be filed with the Office of the City Clerk, so there will be transparency. Councilmember Henry Davis asked if the South Bend Community School Corporation is in agreement to use the facilities at St. Joseph High School. He also asked if there would be any charge to use the facility. Aladean DeRose and Mayor Luecke advised that they are fully aware and in cooperation and agreement with the memorandum of understanding. Ms. DeRose stated that there would be the customary fees such as security and custodial. Councilmember Henry Davis stated that he would like to see this money used for the South Bend Community School Corporation. Mayor Luecke stated that as a member of the advisory committee for New Tech High School he stated that the SBCSC will be asking for some assistance for the facilities at that new high school. He reiterated that the City has on numerous occasions helped the SBCSC with their facilities and are glad to help at their request as they have resources to do that. He stated that what they are asking for tonight is a 1.2 million dollars request to help with a 35 million dollar private project that will help enhance the downtown area and for the entire community. Councilmember Henry Davis asked if there has been any discussion about using local labor. Mayor Luecke stated that he has not had any discussion. Councilmember Henry Davis stated that he has been working with two (2) recreational nd facilities in the 2 District to enhance the accommodations at these two facilities. One of which does not have any outdoor lights on their basketball courts. He stated that he would have thought that the $60,000 that it would take to enhance these two facilities by 6 REGULAR MEETING JUNE 27, 2011 giving one facility light and upgrading the other would take priority versus what they are voting on tonight. Mayor Luecke stated that he has not had any communication with Councilmember Henry Davis concerning this. He stated that he would be glad to look into it. Councilmember Henry Davis stated that it is being held up in purchasing. Gregg Zientara, City Controller, advised that the money is available in the current budget; it is not being held up in purchasing. He stated that the Engineering Department is working with the Park Department and Purchasing Department to determine how is it best that this move forward given the purchasing laws in the State of Indiana. He stated that they are working to make sure that there is no violation in choosing the vendor. He stated that a vendor has been identified, Mooseco Lighting Systems, however, with the existing lighting there were some details that needed to be addressed. Councilmember Kirsits asked if the 1.2 million dollars was coming out of EDIT Funds. Mayor Luecke stated yes. Councilmember Kirsits stated that the money is replenished about 7 million a year cash reserves. Mayor Luecke stated that was correct. Councilmember LaFountain made a motion to limit discussion both in favor and opposed to one-half hour each. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. The following individuals spoke in favor of the bill: James, Harris, 1125 South Bend Avenue, South Bend, Indiana, stated that he has lived in the area his entire life and is very concerned with neighborhood. He stated that he is in support of this bill because he believes that partnership with St. Joseph High School will enhance the development of the East Bank and Phase II and Phase III of the Eddy Street Commons Development. Mr. Harris stated that the St. Joe High School Facility will be state of the art and is in favor of partnering with the SBCSC so that all can benefit. He urged the Council’s favorable consideration. Susan Lightcap, 1839 N. College Street, South Bend Avenue, South Bend, Indiana, stated that she has been a resident of South Bend for 43 years. She stated that she and her husband have been very loyal supporters of South Bend. She stated that she is also a proud member of the St. Joseph High School Faculty for the past 30 years. She noted that she is not Catholic. She stated that she has witnessed St. Joseph High School serving both students and their families for those 30 years. She stated that she wanted to touch base on the many contributions that St. Joseph High School has made directly to the City of South Bend. She stated that she has been a moderator for a group called HOPE, Helping Other People Endure for the last 16 years. She stated that their food drive alone has generated over $25,000 in helping people in the community over come their food insecurities. She stated that is only one of their activities and that they are active throughout the year. She stated that she truly believes that the 1.2 million dollars that they are asking for tonight is totally justified. She stated that St. Joe has been a very good neighbor to South Bend and have contributed a great deal. She stated that this project will bring other opportunities in the area. She likened this to throwing a rock in a pond. She stated that the 1.2 million dollars may be a sizable rock, but it is still a rock and it is going to make one splash, but those ripples that it will make will go to the corners of South Bend and will be a remarkable gift for South Bend. She thanked the Council for the opportunity to speak and urged their favorable consideration. 7 REGULAR MEETING JUNE 27, 2011 Marty Harshman, 1524 E. Madison, South Bend, Indiana, stated that he works at St. Joe High School as an Assistant Principal. He stated that he is very excited about this project both as a member of the St. Joe High School Community as well as a member of the South Bend Community. He stated that he has seen first hand how hard it has been for Catholic Education Institutions to stay open in urban settings. He stated that he has seen the struggle for Catholic Schools to relocate in urban settings as opposed to moving outside of the city limits. He stated that we have seen that with other organizations leaving the downtown area and relocating to other communities. He stated that the term public benefits have come up tonight which a very fair topic to be discussed is. He stated that he has two that he would like to talk about tonight in regard to public benefit. He stated that the first one comes with some trust and hope in that if they do build new here that it will spawn new development and help the area to attract new businesses. He stated based upon 900 students and their families coming to school on a daily basis. He stated that there will be additional people coming when there are various activities such as sporting competitions and what that will lead to as a return in tax dollars by other businesses possibly locating in this area. He stated that as a resident of South Bend he believes that this development is best for the area. He stated that his second example of public benefit it what is currently going on between St. Joe and the Community. He stated that he was at basketball camp and there were about 145 children enrolled this week and for all of the camps that the school has this summer there are well over 700 children actively participating at their facility for all over the community, both private and public school children. He stated that they have a great partnership will all the schools in the community. Mr. Harshman stated so that when it comes to public benefit between St. Joe and South Bend it is already happening. This is just an opportunity to increase that public benefit. He urged the Council to consider this project favorably so that this partnership can grow even stronger. Robert Urbanski, 21533 Goldenmaple Ct., South Bend, Indiana, stated that he is here tonight to speak favorably for this project for several reasons. First, as a former business owner and a current owner of development land, South Bend needs to move forward and progress with new businesses for growth and development. He stated that here we have a local business, a school, private although it may be, willing to take on some vacant land, unlike some of the former Studebaker Site land that is sitting idle. He stated that St. Joe High School is going to develop this land that was once occupied by St. Joe Hospital and build a thriving high school on it. He stated that he is on the building committee for the high school and there was never once discussion on building outside of South Bend. Even though there is land that is owned by the school outside of the city limits, they wanted to build in downtown South Bend. He stated this is just like project on the West Side of South Bend the Kroc Center project that the city helped with financing. He stated that the Kroc Center is good for the community just like this project is. He stated that he nd owns a building in the 2 District that houses two restaurants. He stated that those two owners of those restaurants are happy to see a development like St. Joseph High School, who will have adults, parents, etc. who will after school events, sporting events, etc. want to come downtown to eat and spend money downtown and help downtown become a livelier place to live. He stated that he believes in this community and is tired of reading articles in the newspaper written by people who live outside of the city in Granger, Mishawaka, Osceola, telling people in South Bend what they should do in our city. Mr. Urbanski stated that he trusts the Council decision and appreciates all their hard work in making decisions everyday for our community. He urged the Council’s favorable support. Tim Maher, Attorney, Barnes & Thornburg, 100 N. Michigan Street, South Bend, Indiana, stated that he is on the School Board for St. Joseph High School. He stated that he is aware of the Council’s concern on the public benefit that the city would get from this project. He stated that from day one what should be considered is a 35 million dollar investment and for jobs for construction workers and supplies who desperately need the st work. He stated that from the 1 day that the school is open the things that will be available to this city are the things that this school has historically provided, such as taxpayers who will give back to this community. He stated that he had made that note before he realized that three members of the Council have connections to St. Joseph High School. He stated that this school has a proven track record of given back to the 8 REGULAR MEETING JUNE 27, 2011 community. He stated that it has come up tonight about the concern of the availability of the school for public use. He wasn’t sure if everyone here tonight was aware that St. Joe has a track record for the last 30 years of having to schedule their events at public facilities because St. Joe High School does not have those facilities at their current location. He stated that they are well versed in that exercise and fully intend to continue that to work cooperatively now that they will be one of the groups that have facilities that other people need or want to use. He stated that it was mentioned earlier why this money is being dedicated to this project and not to fund $60,000 worth of lights at two local recreation centers. He stated that he believes that this money being used is money from a dedicated fund that is used for economic development. He stated that the money is coming out of a different pool and pulling the plug on this project will not free up $60,000 for lights. He stated that it only make good sense to use these to create the opportunity to build this school. He stated that he has six children, one of whom has gone through St. Joe and five that will go to St. Joe; he urged the Council’s favorable consideration of this project. The following individuals spoke in opposition to the bill: Mr. Greg Burkowski, 20155 Roosevelt Road, South Bend, Indiana, stated that he is against this project. He advised that he has been researching the State Constitution for what the basic duties of a city are: The basic duties of a city are to provide basic infrastructure, public safety, roads, sewers, sidewalks, police protection, fire protection, and public health such as sanitary sewers and safe drinking water and provide in partnership with the State public schools. He stated that he did not see anywhere in the constitution where it is the duty of any city to be a clearing house for private developers whether they be a educational institution or a business to the scale that this city has done or is planning to do with this project for St. Joseph High School. He urged the Council to vote against this project. Tony Trinca, 139 Camden, South Bend, Indiana, reiterated concerns of Councilmember Oliver Davis on the availability of use of the facility and the conflict in scheduling that will occur. He stated that the administration is just grasping at ways to make this project sound like it will be a public benefit. He stated that if these funds are dedicated funds that they should be rededicated to build the new Animal Care and Control Facility. He asked the Council to reject this bill. th Brandon Rickey, 2218 Rockne, South Bend, Indiana, stated that lives in the 4 District and is a student at Indiana University South Bend. He advised that he is not opposed to St. Joe building a new high school, however, he believes that taking 1.2 million dollars of taxpayer money whether it is from this fund or that fund it all comes from the taxpayers, and hand it over to a religious institution that doesn’t pay one cent in taxes back to the city is a stupid idea. He stated that as this project relates to public benefit the city already has facilities such as school field for activities. He stated that he doesn’t see this project as being a public benefit to the city. He urged the Council to vote against this bill and anyone who votes in favor won’t get his vote. Glenda Rae Hernandez, 702 E. South Street, South Bend, Indiana, stated that this project along with others that were proposed came up because of this pool of extra funds that came up. She stated that last year they were told that taxes had to be raised so that the City would not have to lay off police and fire personnel. She stated that the city cut positions in various departments. She stated that she has knowledge of this because of her affiliation with the South Bend Human Rights Commission. She stated that they have been operating with out a secretary since that position was eliminated two years ago. She believes that this pool of money would be better spent putting those positions back into the budget. She stated that should be the first priority of the City and not giving money to a private religious institution. She stated that she doesn’t think that this project justifies the 1.2 million dollars. She asked the Council to vote no. Rev. Henry Davis, Sr., 215 N. Sheridan Street, South Bend, Indiana, stated that the previous speakers tonight spoke with passion for a project that they feel very passionate about. He stated that he felt that some who spoke were very condescending. He stated 9 REGULAR MEETING JUNE 27, 2011 that he would like to speak passionately too. He went to Oliver School, Linden School, and Central High School, all of which have been torn down, so where is his legacy. He stated that it was mentioned that this project doesn’t compare to lights at recreational facilities that is in genuine. He stated that the citizens on the west side get short changed, they don’t have a swimming pool and the children don’t have anything to do. He stated that they can play with raccoons and possums from all the development that has been created around the city and created the doughnut in which they were talking about. He stated that is the legacy that they have. He urged the Council to look around and see what is happening in the city. He urged the Council to vote against this bill. Diane Schalegly, 709 Cushing Street, South Bend, Indiana, stated that she has been a resident of the City for approximately 10 years. She stated that she echoes the sentiments of the previous speakers and is in complete agreement with them. She stated that she is also concerned about the children here who don’t have the necessary items to grow up healthy and happy. She stated that she resents as a taxpayer the fact that no matter what fund these monies are coming from they are taxpayer monies and should not be going to a private school. She stated that this sets a dangerous precedent. She stated that this opens the door for all other denominations to come and ask for taxpayer money. She urged the Council to vote against this bill. Sal Gerschoffer, 2101 Prairie Avenue, South Bend, Indiana, stated that he attended a Catholic grade school, Our Lady of Hungary. He stated that he is not against St. Joe building a new high school, but if they raised 35 million dollars already what’s another 1.2 million dollars. It should be a drop in the bucket. He questioned who is going to pay St. Joe to use their facility and where is that money going to come from? In Rebuttal, Mayor Luecke gave a brief review of the LOIT. He stated that the Public Safety Tax is being used 100% for police and fire salaries as they said it would. The other local option income tax that was enacted property tax replacement is providing property tax relief for every tax paying parcel in St. Joseph County. The third local th option income tax that was adopted 2/10 of a percent for economic development income tax and again his proposal to the Council and his position is that those dollars should be used for economic development initiatives. He stated that he believes this is a positive economic development initiative for the City of South Bend and a great leverage to invest 1.2 million dollars to get 35 million dollars in private investment and get construction jobs be it may temporary jobs, but very good jobs for the period of time that they are working. He stated that in fact he had people working at the Kroc Center saying that had they had not had that project going on they would have been on unemployment for an extended period of time. He sees that as a positive investment in the community. It’s a positive investment in terms of the excitement and energy that will come to this site not only with the students and their families coming everyday but with the activities that will happen there. He stated not only for St. Joe, but for other schools as well with the transaction and memorandum of understanding to make the facility available for public use as part of the transaction. He stated that it will generate additional investment in the Northeast Neighborhood and the East Bank area. He believes that all of these things will happen and it takes a site that would otherwise be a huge vacant parcel in the near downtown area and brings an excellent institution into the core of downtown. He stated that he is excited to have this investment by St. Joseph High School and believes that it is good for the community and good for the long term as well. He asked the Council for their favorable consideration. nd Councilmember Dieter made a motion for favorable recommendation of this 2 Substitute Bill to full Council. Councilmember Kirsits seconded the motion which carried by a roll call vote of five (5) ayes (Councilmember’s LaFountain, Puzzello, Kirsits, Rouse, Dieter) and four (4) nays (Councilmember’s Henry Davis, Varner, Oliver Davis, White.) Councilmember Dieter made a motion for a five (5) minute recess. Councilmember Varner seconded the motion which carried by a voice vote of five (5) ayes. Meeting reconvened. 10 REGULAR MEETING JUNE 27, 2011 BILL NO. 37-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 Councilmember LaFountain, 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 Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that unforeseen conditions have developed since the initial adoption of the existing budgets approved by the Council. He stated that this bill would allow the increase and decrease of appropriations within various departments of the General Fund and other funds within the City of South Bend, during 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 Oliver Davis made a motion for favorable recommendation to full Council concerning this bill. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERRING $2,931,000 FROM THE RAINY DAY FUND NO. 102 TO THE HALL OF FAME DEBT SERVICE FUND 313 ($416,000), FIRE PENSION FUND 701 ($1,200,000), POLICE PENSION FUND 702 ($1,200,000) AND UNEMPLOYMENT COMPENSATION FUND 713 ($115,000) WITHIN THE CITY OF SOUTH BEND Councilmember LaFountain, 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. Councilmember Kirsits disclosed that his father was a member of the South Bend Fire Department and his mother receives a pension. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that due to possible delays in receipt of certain property tax revenue, the State of Indiana distributions of cigarette tax revenue from the State/County, and police and fire pension relief reimbursement payments from the State of Indiana it has become necessary to temporarily transfer monies from various funds within the City to depleted funds to meet current operational expenses. All funds from which temporary transfer are to be made have sufficient monies to accommodate the temporary transfers. Mr. Zientara stated that in the event that the property tax distribution, cigarette tax distribution, and police and fire pension relief reimbursements are received prior to June 30, 2011, and sufficient to negate the deficit position, the temporary transfer of funds approved by this ordinance will be unnecessary and will not be acted upon. Should such 11 REGULAR MEETING JUNE 27, 2011 transfers of temporary funds be required, the transfers will be returned to the transferring fund, at the earliest position, upon receipt of sufficient distributions to the funds in questions. 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. 31-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember LaFountain, 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 Aladean DeRose, Chief Assistance City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that with the most helpful cooperation and assistance of City Council Attorney Kathleen Cekanski-Farrand this substitute bill approving block party application fees is based on two core concerns. The first is that residential block parties which are not for a private event like a birthday party should be permitted and second that the City should recoup a portion of its actual costs when it closes a public street to accommodate a block party. She stated that the bill also set two application fees: $125.00 for non-residential block parties and $50.00 for residential block parties. 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 Oliver Davis made a motion for favorable recommendation to full Council concerning this bill as substitute. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Oliver Davis 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 12 REGULAR MEETING JUNE 27, 2011 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 9:19 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 10098-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10, OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS This bill had third reading. Councilmember Henry Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Kirsits seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) ORDINANCE NO. 10099-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,350,000 FROM MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 This bill had third reading. Councilmember Henry Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Puzzello seconded the motion which carried which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a motion that this amended bill be defeated. Councilmember White seconded the motion which was defeated by a roll call vote of five (5) nays (Councilmember’s LaFountain, Puzzello, Kirsits, Rouse, Dieter) and four (4) ayes (Councilmember’s Varner, Oliver Davis, White, Henry Davis.) Councilmember Kirsits made a motion to pass this bill as amended. Councilmember Puzzello seconded the motion, which carried. The bill passed by a roll call vote of five (5) ayes (Councilmember Puzzello, Kirsits, Rouse, LaFountain, Dieter) and four (4) nays (Councilmember Varner, Oliver Davis, White, Henry Davis.) ORDINANCE NO. 10100-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 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. 13 REGULAR MEETING JUNE 27, 2011 ORDINANCE NO. 10101-11 AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERRING $2,931,000 FROM THE RAINY DAY FUND NO. 102 TO THE HALL OF FAME DEBT SERVICE FUND 313 ($416,000), FIRE PENSION FUND 701 ($1,200,000), POLICE PENSION FUND 702 ($1,200,000) AND UNEMPLOYMENT COMPENSATION FUND 713 ($115,000) WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Varner seconded the motion which carried. This bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10102-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE 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 nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. . RESOLUTIONS BILL NO. 11-30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1019 TALBOT AVENUE AND 1023 TALBOT AVENUE, SOUTH BEND, IN 46617 Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with no recommendation. Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Bulot advised that the petitioner is seeking a special exception for a two family dwelling in a SF2” District, on property located at 1019 & 1023 Talbot Street. He stated that the Area Board of Zoning Appeals held a public hearing on April 6, 2011 and sends this bill to the Common Council with a favorable recommendation. Frank Agostino, Attorney, 120 W. LaSalle Avenue, Suite 704, South Bend, Indiana, made the presentation on behalf of his client, Cosimo Bumbaca. Mr. Agostino advised that this is a private investment by a private developer in the City. He stated that his client has purchased and cleaned up several properties that he has bought and does not have any code violations that he has been charged with or convicted of, even though there have been many allegations flying around that are to the contrary. Mr. Agostino reiterated to focus on that this is a private investment and urged the Council to support a private investment to improve the neighborhood. He stated that this neighborhood has mostly rental houses in it. He stated that a concern of zoning was 14 REGULAR MEETING JUNE 27, 2011 brought up earlier. He noted that the zoning is single family, and by joining the two homes together it will allow for a two family dwelling in a “SF2” District, making them a duplex which the petitioner believes is the highest and best use of the property and will derive the most profit. He stated that this is something that will bring tax dollars to South Bend, because they will spend money on construction which will increase the assessment and increase the tax revenue dollars that will go into it as long as this is an income producing property. He noted that there will be more money going into CEDIT that is collected at the State Level and comes back to the city again for more economic development. He asked the Council to support this bill for that purpose and not to think of it as being against students, because it is single-family now and will still be single- family, voting for this doesn’t mean that its voting for any multi-family, it doesn’t mean that it would allow for more than two persons in any one dwelling. He stated that voting for this is to accommodate the space that the renters would like for this type of area, it’s accommodating the renters, and it’s inviting people to come back into the community, to be in downtown South Bend and to be in this area, the near northeast neighborhood. He stated that is what he would like to Council to keep in mind when voting on this bill. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Tony Trinca, 139 Camden, South Bend, Indiana, stated that he was present at the Zoning & Annexation Committee meeting earlier this afternoon and heard from the petitioner and what he is requesting is logical by combining the two homes. He urged the Council favorable consideration. Robert Fultz, 1008 Talbot, South Bend, Indiana, stated that he is in favor of this bill. Mr. Fultz stated that Mr. Bumbaca has done great things in the neighborhood in terms of revitalizing properties that have sat vacant and abandoned. He urged the Council’s favorable consideration. Lenore Murray, 1008 Talbot Street, South Bend, Indiana, stated that Mr. Bumbaca has been a great asset to the neighborhood. He has renovated properties in the near northeast neighborhood using his own money and not asking the city for any financing. She asked the Council to vote in favor of this bill. Cheryl Osborne, 1310 Howard Street, South Bend, stated that she is in favor of this bill. She stated that Mr. Bumbaca is bringing the neighborhood back and revitalizing the area. She urged the Council’s favorable support. The following individuals spoke in opposition: Marguerite Taylor, 714 E. Corby, South Bend, Indiana, stated that she is speaking tonight as the Vice-President of the Northeast Neighborhood Council. Ms. Taylor advised that the Northeast Neighborhood Council voted against this project. She stated that she also belongs to the NNRO (Northeast Neighborhood Revitalization Organization) and that they looked at this project and when you looked at the big picture and the project there are absolutely no duplexes on Talbot Street. She stated that everyone may think that Mr. Bumbaca is bringing up their neighborhood, but in fact, there are long term plans for that neighborhood. She stated that Burns, Georgiana, and Duey are what is called the “triangle” that is directly across the street and well into development in conjunction with Eddy Street Commons. The NNRO is now looking into Howard, Talbot and Duey to do some long range plans as well. She stated that at one time it was a horrible neighborhood; a police officer’s was shot and killed on Talbot. She stated that the entire neighborhood is better and cannot say that it is because of Mr. Bumbaca because he really did not. She noted that at the committee meeting this afternoon the petitioner brought up the group home on the corner of Turnock and Corby. She stated that this property does not compare. The home is a group home and was zoned for that use and built for that use a group residence. Ms. Taylor stated that she is having a real hard time with petition and the petitioner because they called Councilmember Puzzello a liar. She stated that she cannot ever remember anyone doing something like that at a committee 15 REGULAR MEETING JUNE 27, 2011 meeting and it just disturbed her greatly. She stated that Mr. Bumbaca can bring the money to the neighborhood by leaving those two homes individual and fixing them up and renting them that way. She noted that one home is a one and half story and the other is one story, the plan just doesn’t make sense. She urged the Council to vote against this bill. Patty Walsh, 315 Walsh, South Bend, Indiana, stated that her neighborhood has come back quite a bit from what it once was. She advised that because this petition does not support the single family housing character that their neighborhood has worked so hard to preserve she urged the Council not to approve this petition. William Berry, 402 E. Pokagon, South Bend, Indiana, stated that he is speaking in opposition to this bill primarily because it goes against the efforts of the Northeast Neighborhood Council and the Northeast Neighborhood Revitalization Organization which has been trying to redevelop the north east part of the city. He stated that they have been doing a fairly good job of doing just that. He stated that by allowing this special exception is could be fairly easily converted into group housing that those two organization have opposed. He stated that it has been South Bend Heritage’s effort to put more single family housing in the area and this project runs opposed to that. He urged the Council to vote against this bill because it doesn’t follow the direction that is and has been tried to be developed by the organizations that are working hard in the north east neighborhood. Noreen Deane-Moran, 716 W. Colfax, South Bend, Indiana, stated that she doesn’t live in this neighborhood, but lives in an area of the City that has many of the same concerns. She asked that the Council for against this bill. She stated that she is puzzled by laws that say that only 2 unrelated persons can live in single-family zoning. But even in multi- family zoning you can’t have hundreds of people in a unit. Multi-Family means that there can be several units. She stated that several State Laws have said that things built as duplexes still must not be duplexes if they have been vacant for over a year or lost their grandfathering. She stated that it was mentioned at the previous Council meeting that this was against students and people were against students. She stated that she is not against students; she likes students very well and teaches them. But it you want to live in houses with 10, 12, 20 people, you’ve get a frat house, or live in a dormitory. She stated that if students want to live like “regular people” you live in apartments, units or houses of no more than two unrelated people. She stated that when her neighborhood was going through a similar petition with the Catholic Worker House she asked one of the Councilmember’s back then how many of the “Kramer Houses” asked for a special exception and was told that no special exceptions were ever asked for. She urged the Council to vote against this on behalf of all the residents of the city. In Rebuttal, Mr. Agostino advised that they are not asking for more than 2 unrelated people living in the duplex. He stated that the zoning rules of no more than 2 unrelated people can live on each side are going to apply. He stated that they are asking for the special exception to join the two properties because the expansion of the properties would bring them across the property line believe that this is the highest and best use of the property. Mr. Agostino stated that as this is a private investor it should be the choice of that private investor what aesthetically or what makes the best use of the property all within keeping with the law and will keep it within the law with what the Council will choose. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Dieter seconded the motion. The motion was defeated by a roll call vote of six (6) nays (Councilmember’s Kirsits, Rouse, White, LaFountain, Puzzello, Varner) and three (3) ayes (Councilmember’s Henry Davis, Oliver Davis, Dieter.) 16 REGULAR MEETING JUNE 27, 2011 BILL NO. 11-44 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 1117-1119 ½ W. WASHINGTON ST. Councilmember Varner made a motion to continue this bill until the July 11, 2011 meeting of the Council due to the lack of a petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Council President Dieter instructed the City Clerk’s Office to send written notice to the petitioner. BILLS - FIRST READING BILL NO -39-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,200,000 FOR MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 Councilmember Oliver Davis made a motion to strike this bill from the agenda. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. SUSPENSION OF THE RULES Councilmember White made a motion to suspend the rules for the purpose of First Reading on Bill Nos. 40-11 and 41-11. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,200,000 FOR CAPITAL INVESTMENT IN THE POTAWATOMI CONSERVATORY IN 2011 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 July 11, 2011. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 41-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 FOR CAPITAL INVESTMENT IN THE MIRACLE PARK IN 2011 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 July 11, 2011. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION 17 REGULAR MEETING JUNE 27, 2011 BILL NO. 10-11 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21: ZONING ORDINANCE OF THE CITY OF SOUTH BEND MUNICIPAL CODE, AS AMENDED, AMENDING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A NEW SECTION 21-06.03, “NNDA” NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT; AND AMENDING THE ZONING MAP OF THE CITY OF SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA GENERALLY KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA (NNDA) Councilmember Varner made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on July 11, 2011. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22-11 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on July 11, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29-11 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST., AND 2018 S. MICHIGAN ST., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on July 11, 2011. Councilmember seconded the motion which carried by a voice vote of nine (9) ayes. REPORT FROM COUNCILMAN HENRY DAVIS, JR. ON HIS WASHINGTON D.C. TRIP WITH THE YOUNG ELECTED OFFICIALS Councilmember Henry Davis advised that he attended the Young Elected Official Network Briefing in Washington D.C. on June 17, 2011. He stated that there was a Reception at the White House. They had an opportunity to listen to White Staff and President Obama’s top advisors on a new and upcoming legislation as it relates to job growth, new industries, economic outlook for the 2011-2012 calendar years. Councilmember Henry Davis stated that he has filed a copy of his report with the Office of the City Clerk. 18 REGULAR MEETING JUNE 27, 2011 NEW BUSINESS Councilmember White stated that as Chairperson of the Health and Public Safety Committee she will be scheduling a meeting to discuss the lighting issue at two parks. Councilmember Rouse advised that he would like to include the lights at Coquillard Park. Councilmember Oliver Davis stated that he would like to start receiving information regarding the 2012 Budget. 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 10:07 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19