HomeMy WebLinkAbout11-28-11 Common Council Meeting Minutes
REGULAR MEETINGNOVEMBER 28, 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, November 28, 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
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
Absent: Ann Puzzello 4th District
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 November 14, 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 November 14, 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
ANNOUNCEMENT OF MEETING DATE FOR DECEMBER 2011
Council President Derek Dieter advised that the Common Council will hold one (1)
meeting next month, December 12, 2011 at 7:00 p.m.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:01 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee
of the Whole. Councilmember White seconded the motion which carried by a voice vote
of eight (8) 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.
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REGULAR MEETINGNOVEMBER 28, 2011
PUBLIC HEARINGS
BILL NO. 18-11 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING VARIOUS
ARTICLES AND SECTIONS OF CHAPTER 6 OF
THE SOUTH BEND MUNICIPAL CODE
PERTAINING TO BUILDING FEES
Councilmember Dieter made a motion to continue this bill until the December 12, 2011
meeting of the Council. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of eight (8) ayes.
BILL NO. 68-11 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE ANNUAL
SALARIES FOR THE COUNCIL MEMBERS
FOR CALENDAR YEAR 2012
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee held a meeting this afternoon and it was the consensus of the committee to
send this bill to the full Council with a favorable recommendation.
Councilmember Dieter stated that the bill would establish salaries for members of the
Common Council for the 2012 calendar year. He noted that Council salaries have been
frozen for four (4) years. Councilmember Dieter stated that the bill represents a 2%
increase.
Oliver Davis asked Council Attorney Kathleen Cekanski-Farrand when the Council’s last
salary increase was.
Kathleen Cekanski-Farrand stated that the last increase was approved when Ordinance
No. 9449-03 was passed on September 3, 2003.
Councilmember Varner advised that if the Council does not pass this bill tonight, the
Councilmember’s salaries would be frozen at the current rate.
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 roll call vote of five (5) ayes (Councilmember’s
Henry Davis, LaFountain, Oliver Davis, Rouse, Dieter) and three (3) nays
(Councilmember’s Varner, Kirsits, White.)
BILL NO. 69-11 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE CITY CLERK FOR
CALENDAR YEAR 2012
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee held a meeting this afternoon and it was the consensus of the committee to
send this bill to the full Council with a favorable recommendation.
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City Clerk John Voorde, 4 Floor County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana, made the presentation for this bill.
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REGULAR MEETINGNOVEMBER 28, 2011
City Clerk Voorde advised that this bill would set the 2012 Salary for the City Clerk. He
stated that this annual filing is prescribed by Indiana State Law. He noted that the salary
request represents a 2% increase. He asked for the Council’s favorable consideration.
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 eight (8) ayes.
BILL NO. 73-11 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE MAYOR FOR CALENDAR
YEAR 2012
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee held a meeting this afternoon and it was the consensus of the committee to
send this bill to the full Council with a favorable recommendation.
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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 this bill would set the annual salary compensation for the
Mayor of the City of South Bend for the calendar year 2012. He stated that this bill
represents a 2% increase from the 2011 salary amount.
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 eight (8) ayes.
BILL NO. 70-11 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, CONCERNING THE
CONSTRUCTION OF IMPROVEMENTS TO
THE MUNICIPAL WATERWORKS OF THE
CITY OF SOUTH BEND, INDIANA;
AUTHORIZING TH ISSUANCE OF REVENUE
BONDS FOR SUCH PURPOSE IN THE
PRINCIPAL AMOUNT NOT TO EXCEED
EIGHT MILLION THREE HUNDRED
THOUSAND ($8,300,000); ADDRESSING
OTHER MATTERS CONNECTED THEREWITH,
INCLUDING THE ISSUANCE OF NOTES IN
ANTICIPATION OF BONDS; AND REPEALING
ORDINANCES INCONSISTENT HEREWITH
Councilmember Oliver Davis, Chairperson, reported that this committee held a meeting
this afternoon and voted to send it to the full Council with a favorable recommendation.
Dave Tungate, Director, Water Works, 830 N. Michigan Street, South Bend, Indiana,
made the presentation for this bill.
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REGULAR MEETINGNOVEMBER 28, 2011
Mr. Tungate advised that the South Bend Water Works plans to issue revenue bonds in
the amount of $8.3 million. There is no rate increase associated with this bond issue. A
revenue bond from 1997 will be paid off in January 2012. He stated that they plan to use
the money dedicated to the principal and interest payment for the 1997 bonds to pay for
the new revenue bonds. Mr. Tungate advised that there will be no rate increase necessary
to pay for this revenue bond. The 2012 bond projects can be divided into three
categories. One category is distribution system improvements. These projects will
include water main extensions form our water system master plan, which will allow us to
more efficiently move water through out water system. A second category includes
equipment purchases such as automated meter reading water meters, a hydro excavation
truck, and upgraded site security equipment. The third category is an upgrade to the
water treatment capacity at the Pinhook Filtration Plant. This treatment plant has the
infrastructure to produce additional water with minor upgrades. Additional water
production from Pinhook will allow us to be more flexible with our water production
facilities.
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 eight (8) ayes.
RISE AND REPORT
Councilmember Oliver Davis made a motion to rise and report to the full Council.
Councilmember White seconded the motion which carried by a voice vote of eight (8)
ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, 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 7:12 p.m. Council
President Derek D. Dieter presided with eight (8) members present.
BILLS – THIRD READING
ORDINANCE NO. 10131-11 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
SETTING THE ANNUAL SALARIES FOR THE
COUNCIL MEMBERS FOR CALENDAR YEAR
2012
This bill had third reading. Councilmember Rouse made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of five (5) ayes (Councilmember’s Henry Davis, LaFountain, Oliver Davis,
Rouse, and Dieter) and three (3) nays (Councilmember’s Varner, Kirsits and White.)
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REGULAR MEETINGNOVEMBER 28, 2011
ORDINANCE NO. 10132-11 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
SETTING THE ANNUAL SALARY FOR THE
CITY CLERK FOR CALENDAR YEAR 2012
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of eight (8) ayes.
ORDINANCE NO. 10133-11 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
SETTING THE ANNUAL SALARY FOR THE
MAYOR FOR CALENDAR YEAR 2012
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. This bill passed by a
roll call vote of seven (7) ayes and one (1) nay (Councilmember Varner.)
ORDINANCE NO. 10134-11 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
CONCERNING THE CONSTRUCTION OF
IMPROVEMENTS TO THE MUNICIPAL
WATERWORKS OF THE CITY OF SOUTH
BEND, INDIANA; AUTHORIZING THE
ISSUANCE OF REVENUE BONDS FOR SUCH
PURPOSE IN THE PRINCIPAL AMOUNT NOT
TO EXCEED EIGHT MILLION THREE
HUNDRED THOUSAND ($8,300,000);
ADDRESSING OTHER MATTERS
CONNECTED THEREWITH, INCLUDING THE
ISSUANCE OF NOTES IN ANTICIPATION OF
BONDS; AND REPEALING ORDINANCES
INCONSISTENT HEREWITH
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 eight (8) ayes.
RESOLUTIONS
RESOLUTION NO. 4129-11 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 + 2.04 ACRE SITE CONSISTING
OF VACANT LAND TO THE SOUTH SIDE OF
PRAIRIE AVENUE, TO THE WEST OF 2610
PRAIRIE AVENUE, SOUTH BEND, INDIANA
46614
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council
to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider
Petitions from the Board of Zoning Appeals for approval or disapproval; and
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REGULAR MEETINGNOVEMBER 28, 2011
WHEREAS, the Common Council must take action within sixty (60) days after
the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C.
36-7-4-918.6; and
WHEREAS, the Common Council is required to make a determination in writing
on such requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the South Bend Board of Zoning Appeals has made a
recommendation, pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the
Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for the property located at:
+-2.04 acre site consisting of vacant land to the south side of Prairie, to the west of 2610
Prairie Avenue, South Bend, Indiana 46614
in order to permit the use of a fire station in “LB” Zoning
SECTION II. Following a presentation by the Petitioner, and after proper public
hearing, the Common Council hereby approves the petition of the South Bend Board of
Zoning Appeals, a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby
finds that:
1. The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
3. The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
4. The proposed use is compatible with the recommendation of the City of
South Bend Comprehensive plan; all of which is requested by the South Bend Municipal
Code §21-09.03
SECTION IV. Approval is subject to the Petitioner complying with the
reasonable conditions established by the Board of Zoning Appeals which are on file in
the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Derek D. Dieter
Member of the Common Council
Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that
this committee held a meeting this afternoon and it was the consensus of the committee to
send this bill to the full Council with a favorable recommendation.
Councilmember Kirsits disclosed that he is a member of the South Bend Fire Department.
He stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was
determined that there is no conflict of interest.
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REGULAR MEETINGNOVEMBER 28, 2011
Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend,
Indiana, Suite 100, presented the report from the Area Board of Zoning Appeals.
Mr. Lyons advised that the petitioners are seeking a Special Exception to allow a fire
station in a “LB” district, on vacant land located on the south side of Prairie Avenue west
and adjacent to 2610 Prairie Avenue, Portage Township, zoned “LB”. Mr. Lyons stated
that the Area Board of Zoning Appeals held a public hearing on November 2, 2011 and
sends it to the Common Council with a favorable recommendation.
Mr. Brad Mossness, Abonmarche Consultants, 750 Lincolnway East, South Bend,
Indiana, made the presentation for this bill.
Mr. Mossness advised that he is representing Bruno and Rosa Cataldo the current
property owners and the City of South Bend who will be the contingent purchaser and
builder of the Fire Station. He stated that the property is located just west of the Bruno’s
Restaurant and in front of the new Prairie Avenue Apartments. He advised that this new
station would replace the existing station located at 2221 Prairie Avenue.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this
Resolution. Councilmember Kirsits seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
BILL NO. 11-63 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 TO THE NORTH OF
1145 NORTHSIDE BLVD. AND TO THE WEST
OF LOUISE STREET WITH A PARCEL ID OF
018-6014-031802
Councilmember Oliver Davis made a motion to continue this bill until the December 12,
2011 meeting of the Council. Councilmember Varner seconded the motion which carried
by a roll call vote of eight (8) ayes.
BILL NO. 11-60 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
SUPPORTING THE APPROPRIATION OF
$179,100 FOR THE CREATION OF THE
MINORITY AND WOMEN BUSINESS
DEVELOPMENT PROGRAM IN SOUTH BEND,
INDIANA
Councilmember White made a motion to continue this bill until the December 12, 2011
meeting of the Council. Councilmember Varner seconded the motion which carried by a
roll call vote of eight (8) ayes.
BILL NO. 11-66 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING THE AMERICANS WITH
DISABILITIES ACT (ADA), DESIGNATING
THE ADA COORDINATOR, AND ADOPTING
PROCEDURES
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REGULAR MEETINGNOVEMBER 28, 2011
BILL NO. 11-67 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING AS STANDARDS FOR
ACCESSIBLE DESIGN THE AMERICANS
WITH DISABILITIES ACT (ADA)
ACCESSIBILITY GUIDELINES AND THE
GUIDELINES FOR PEDESTRIAN FACILITIES
IN THE PUBLIC RIGHT-OF-WAY UPON
DEPARTMENT OF JUSTICE APPROVAL
Councilmember White made a motion to combine these bills for purposes of Public
Hearing. Councilmember Rouse seconded the motion which carried by a voice vote of
eight (8) ayes.
RESOLUTION NO. 4130-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING THE AMERICANS WITH
DISABILITIES ACT (ADA), DESIGNATING
THE ADA COORDINATOR, AND ADOPTING
PROCEDURES
WHEREAS, the Federal government enacted the Americans with Disabilities Act
of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating
to employment and access to public facilities; and
WHEREAS, in compliance with Title II of the ADA the City of South Bend shall
name an ADA Coordinator; and
WHEREAS, in compliance with Title II of the ADA the City of South Bend shall
adopt a grievance procedure for resolving complaints alleging violation of the Title II of
the ADA; and
WHEREAS, in compliance with Title II of the ADA the City of South Bend shall
post the ADA coordinator’s name, office address, and telephone number along with the
ADA Notice and ADA grievance procedure on its website.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND as follows:
SECTION I. The Chief Assistant City Attorney, Aladean M. DeRose, is
designated as the ADA Coordinator for the City of South Bend, Indiana, and South
Bend’s ADA Coordinator shall be an attorney in the City’s Legal Department.
SECTION II. The Notice under the Americans with Disabilities Act, a copy of
which is attached hereto as Exhibit “A”, is adopted as the City of South Bend Notice
under the Americans with Disabilities Act (ADA).
SECTION III. The City of South Bend Grievance Procedure under the ADA, a
copy of which is attached hereto as Exhibit “B”, is adopted as the grievance procedure for
addressing complaints, alleging discrimination on the basis of disability in the provisions
of services, activities, programs or benefits by the City of South Bend.
SECTION IV. In compliance with Federal and State Laws as set forth above, the
Common Council of the City of South Bend resolves to post the required information
regarding the ADA coordinator, Notice under the ADA, and the City of South Bend
Grievance Procedure under the ADA on its website and at such other locations as may be
determined from time to time.
SECTION V. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
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REGULAR MEETINGNOVEMBER 28, 2011
s/Derek D. Dieter
Member of the Common Council
RESOLUTION NO. 4131-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING AS STANDARDS FOR
ACCESSIBLE DESIGN THE AMERICANS
WITH DISABILITIES ACT (ADA)
ACCESSIBILITY GUIDELINES AND THE
GUIDELINES FOR PEDESTRIAN FACILITIES
IN THE PUBLIC RIGHT-OF-WAY UPON
DEPARTMENT OF JUSTICE APPROVAL
WHEREAS, the Federal government enacted the Americans with Disabilities Act
of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating
to employment and access to public facilities; and
WHEREAS, Title II of the ADA requires that municipalities adopt the Americans
with Disabilities Standards for Accessible Design that provide accessibility, through
proposed structural modifications to remove accessibility barriers; and
WHEREAS, Title II of the ADA recommends that municipalities adopt the
Americans with Disabilities Guidelines for Pedestrian Facilities in the Public Right-of-
Way that provide accessibility, through proposed structural modifications to remove
accessibility barriers and
WHEREAS, in 2010 the United States Department of Justice modified the ADA
Standards for Accessible Design, and in 2011 it proposed but has not yet adopted or
finally approved the Guidelines for Pedestrian Facilities in the Public Right-of-Way; and
WHEREAS, the City of South Bend remains committed to the ADA and the
elimination of barriers to public facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council hereby adopts the 2010 Americans with
Disabilities (ADA) Standards for Accessible Design.
SECTION II. The Common Council further adopts the 2011 Guidelines for
Pedestrian Facilities in the Public Right-of-Way, effective upon their final approval by
the Department of Justice.
SECTION III. 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 Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee held a meeting this afternoon and it was the consensus of the
committee to send these bills to the full Council with a favorable recommendation.
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Ms. Aladean M. DeRose, Chief Assistant City Attorney, 14 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these
bills.
Ms. DeRose advised that Americans with Disabilities Act (ADA) was enacted in 1990 to
eradicate discrimination against disabled persons. South Bend’s Human Rights
Ordinance prohibits discrimination against the disabled in employment and housing.
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REGULAR MEETINGNOVEMBER 28, 2011
South Bend has also joined with St. Joseph County and the City of Mishawka to form a
Disability Rights Commission, which among other things, was designated to receive and
resolve complaints from disabled persons about problems with accessibility. The
Commission regularly discussed issues affecting the disabled in our County and cities.
She stated that South Bend is now in the process of updating its ADA Title II Transition
Plan and it has been working with the Michiana Area Council of Government (MACOG)
on this process. She stated that Bill No. 11-66 formally names and designates and ADA
Coordinator, which had been done informally in the past. It also adopts and ADA Policy
for South Bend and a grievance process. Bill No. 11-67 adopts the ADA Accessibility
Standards promulgated by the Department of Justice in 2010, and the 2011 Guidelines for
Pedestrian Facilities in the Public Right-of-Way. Ms. DeRose sated that MACOG is
coordinating this process among all local government members of MACOG, and all
members of MACOG will have or now have similar Resolutions approved by their
legislative bodies.
A Public Hearing was held on the Resolutions at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to these Resolutions, Councilmember Varner made a motion to adopt Bill No.
11-66. Councilmember White seconded the motion which carried and the Resolution
was adopted by a roll call vote of eight (8) ayes. Additionally, Councilmember White
made a motion to adopt Bill No. 11-67. Councilmember Oliver Davis seconded the
motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 4132-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING AN ORDER OF THE ST. JOSEPH
COUNTY AREA PLAN COMMISSION
APPROVING A CERTAIN DECLARATORY
RESOLUTION AND AN AMENDMENT TO THE
NORTHEAST NEIGHBORHOOD
DEVELOPMENT AREA DEVELOPMENT PLAN
ADOPTED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION
,
WHEREAS the South Bend Redevelopment Commission (the
“Commission”), governing body of the South Bend Department of Redevelopment and
the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code
36-7-14 (the “Act”), on October 25, 2011, approved and adopted its Resolution No. 2949
(the “Declaratory Resolution”) Exhibit A, amending the Northeast Neighborhood
Development Area Development Plan entitled “Amendment to the Northeast
Neighborhood Development Area Development Plan, October 25, 2011” (the “Plan
Amendment”); and
,
WHEREAS the St. Joseph County Area Plan Commission (the “Plan
Commission”), which is the duly designated and acting official planning body for the
City of South Bend, Indiana (the “City”), on November 15, 2011, adopted and approved a
resolution (No. 224-11), a copy of which is attached hereto as Exhibit B, determining that
the Declaratory Resolution and the Plan Amendment conform to the plan of development
for the City and approving, ratifying and confirming the Declaratory Resolution and the
Plan Amendment, and designated such resolution as the written order of the Plan
Commission approving the Declaratory Resolution and the Plan Amendment as required
by Section 16 of the Act (the “Plan Commission Order”); and
,
WHEREAS Section 16 of the Act prohibits the Commission from
proceeding until the Plan Commission Order is approved by the municipal legislative
body of the City; and
,
WHEREAS the Common Council of the City is the municipal legislative
body of the City and now desires to approve the Plan Commission Order in order to
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REGULAR MEETINGNOVEMBER 28, 2011
permit the Commission to proceed with the redevelopment of the Northeast
Neighborhood Development Area (the “Area”);
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of South Bend, Indiana, as follows:
1. The Plan Commission Order (Resolution No. 224-11) attached
hereto is in all respects hereby approved, ratified and confirmed.
2. This Resolution shall be in full force and effect from and after its
adoption by the Common Council of the City and compliance with procedures required
by law.
PASSED AND ADOPTED by the Common Council of the City of South
Bend, Indiana, this 28th day of November, 2011.
s/Derek D. Dieter
Member of the Common Council
Councilmember Rouse, Chairperson, Community and Economic Development
Committee, reported that that this committee held a meeting this afternoon and it was the
consensus of the committee to send this bill to the full Council with a favorable
recommendation.
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Liz Maradik, Staff Member, Economic Development Department, 12 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this
bill.
Ms. Maradik advised that this bill approves and order of the St. Joseph County Area Plan
Commission approving a declaratory resolution adopted by the South Bend
Redevelopment Commission. She stated that this process began when the South Bend
Redevelopment Commission conducted a study and determined that it is necessary and
beneficial to the orderly redevelopment of the Northeast Neighborhood Development
Area to amend the Development Plan for the NNDA. The declaratory resolution of the
RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order
approving the Redevelopment Commission’s action. She advised that this amendment to
the Northeast Neighborhood Development Area Plan revises sections of the existing Plan,
updates the document and modifies existing Plan exhibits in order for the Plan to better
reflect the future goals for the area by taking into account recent, or soon to be
completed, developments such as Eddy Street Commons and State Road 23
improvements, including the reconfiguration of the Five Points Intersection.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Varner made a motion to adopt this
Resolution. Councilmember White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 4133-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING AN ORDER OF THE ST. JOSEPH
COUNTY AREA PLAN COMMISSION
APPROVING A CERTAIN DECLARATORY
RESOLUTION AND AN AMENDMENT TO THE
SOUTH BEND CENTRAL DEVELOPMENT
AREA DEVELOPMENT PLAN ADOPTED BY
THE SOUTH BEND REDEVELOPMENT
COMMISSION
11
REGULAR MEETINGNOVEMBER 28, 2011
,
WHEREAS the South Bend Redevelopment Commission (the
“Commission”), governing body of the South Bend Department of Redevelopment and
the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code
36-7-14 (the “Act”), on October 25, 2011, approved and adopted its Resolution No. 2951
(the “Declaratory Resolution”) Exhibit A, amending the boundary of the South Bend
Development Area Development Plan (the “Plan”) for the South Bend Central
Development Area (the “Area”) and amending the South Bend Central Development
Area Development Plan (the “Plan Amendment”); and
,
WHEREAS the St. Joseph County Area Plan Commission (the “Plan
Commission”), which is the duly designated and acting official planning body for the
City of South Bend, Indiana (the “City”), on November 15, 2011, adopted and approved a
resolution (No. 223-11), a copy of which is attached hereto as Exhibit B, determining that
the Declaratory Resolution and the Plan Amendment conform to the plan of development
for the City and approving, ratifying and confirming the Declaratory Resolution and the
Plan Amendment, and designated such resolution as the written order of the Plan
Commission approving the Declaratory Resolution and the Plan Amendment as required
by Section 16 of the Act (the “Plan Commission Order”); and
,
WHEREAS Section 16 of the Act prohibits the Commission from
proceeding until the Plan Commission Order is approved by the municipal legislative
body of the City; and
,
WHEREAS the Common Council of the City is the municipal legislative
body of the City and now desires to approve the Plan Commission Order in order to
permit the Commission to proceed with the redevelopment of the South Bend Central
Development Area (the “Area”);
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of South Bend, Indiana, as follows:
1. The Plan Commission Order (Resolution No. 223-11) attached
hereto is in all respects hereby approved, ratified and confirmed.
2. This Resolution shall be in full force and effect from and after its
adoption by the Common Council of the City and compliance with procedures required
by law.
PASSED AND ADOPTED by the Common Council of the City of South
Bend, Indiana, this 28th day of November, 2011.
s/Derek D. Dieter
Member of the Common Council
Councilmember Rouse, Chairperson, Community and Economic Development
Committee, reported that that this committee held a meeting this afternoon and it was the
consensus of the committee to send this bill to the full Council with a favorable
recommendation.
th
Jitin Kain, Staff Member, Economic Development Department, 12 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this
bill.
Mr. Kain advised that this bill approves and order of the St. Joseph County Area Plan
Commission approving a declaratory resolution adopted by the South Bend
Redevelopment Commission. It would allow for the expansion of the South Bend
Central Development Area (SBCDA) and allow for the establishment of a new public
infrastructure to support the proposed residential development per the Howard Park
Neighborhood Plan completed in 2009.
12
REGULAR MEETINGNOVEMBER 28, 2011
Councilmember White asked if any of the existing homes would be demolished.
Mr. Kain advised that this is infill housing.
Councilmember Henry Davis thanked Mr. Kain for his presentation and being prepared.
Councilmember Dieter asked how is this different than what was presented to the Council
by Jeff Gibney weeks ago.
Councilmember Oliver Davis stated that he is the Council’s representative to the
TRANSPO Board. He stated that when TRANSPO moved their operating offices from
this location to Ignition Park, it opened up this land to be developed. He stated that he
was glad to see new opportunities for development.
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 White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 4134-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING AN ORDER OF THE ST. JOSEPH
COUNTY AREA PLAN COMMISSION
APPROVING A CERTAIN DECLARATORY
RESOLUTION AND AN AMENDMENT TO THE
AIRPORT ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN ADOPTED BY THE
SOUTH BEND REDEVELOPMENT
COMMISSION
,
WHEREAS the South Bend Redevelopment Commission (the
“Commission”), the governing body of the South Bend Department of Redevelopment
and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana
Code 36-7-14 (the “Act”), on October 25, 2011, approved and adopted its Resolution No.
2950 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the
Airport Economic Development Area Development Plan (the “Plan”) for the Airport
Economic Development Area (the “Area”) and amending the Airport Economic
Development Area Development Plan (the “Plan Amendment”); and
,
WHEREAS the Plan Amendment calls for the addition of 401 North
Bendix Drive, 1300 South Michigan Street, 1313 South Michigan Street, and 1327-1331
South Michigan Street, South Bend, Indiana, to the Acquisition List contained within the
Plan; and
,
WHEREAS the St. Joseph County Area Plan Commission (the “Plan
Commission”), which is the duly designated and acting official planning body for the
City of South Bend, Indiana (the “City”), on November 15, 2011, adopted and approved a
resolution (No. 222-11), a copy of which is attached hereto as Exhibit B, determining that
the Declaratory Resolution and the Plan Amendment conform to the plan of development
for the City and approving, ratifying and confirming the Declaratory Resolution and the
Plan Amendment, and designating such resolution as the written order of the Plan
Commission approving the Declaratory Resolution and the Plan Amendment as required
by Section 16 of the Act (the “Plan Commission Order”); and
,
WHEREAS Section 16 of the Act prohibits the Commission from
proceeding until the Plan Commission Order is approved by the municipal legislative
body of the City; and
13
REGULAR MEETINGNOVEMBER 28, 2011
,
WHEREAS the Common Council of the City is the municipal legislative
body of the City and now desires to approve the Plan Commission Order in order to
permit the Commission to proceed with the redevelopment of the Area;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of South Bend, Indiana, as follows:
1. The Plan Commission Order (Resolution No. 222-11) attached
hereto is in all respects hereby approved, ratified and confirmed.
2. This Resolution shall be in full force and effect from and after its
adoption by the Common Council of the City and compliance with procedures required
by law.
PASSED AND ADOPTED by the Common Council of the City of South
Bend, Indiana, this 28th day of November, 2011.
s/Derek D. Dieter
Member of the Common Council
Councilmember Rouse, Chairperson, Community and Economic Development
Committee, reported that that this committee held a meeting this afternoon and it was the
consensus of the committee to send this bill to the full Council with a favorable
recommendation.
th
Mr. Matt Sikora, Staff Member, Economic Development Department, 12 Floor County-
City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for
this bill.
Mr. Sikora advised that this bill would allow for various parcels to be added to the
Airport Economic Development Area Acquisition List. The first parcel is located at 401
N. Bendix Drive and is adjacent to the Bosch complex. Adding this parcel would allow
for broadened development possibilities at the Bosch site and they look to future users
and potential plans for expansion. The other three parcels are located at the 1300 Block
of South Michigan Street. This is an area in which the City owns a number of individual
parcels within the block so acquisition of the sites would allow for better site control and
a more developable, marketable site.
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 eight (8) ayes.
BILLS - FIRST READING
BILL NO. 75-11 FIRST READING ON A BILL
SUPPLEMENTING AND AMENDING
ORDINANCE NO. 9722-06 AND ORDINANCE
NO. 9968-09 PERTAINING TO THE CITY OF
SOUTH BEND, INDIANA VARIABLE RATE
ECONOMIC DEVELOPMENT REVENUE
BONDS, SERIES 2007 (PEI/GENESIS PROJECT)
(THE “BONDS”), APPROVING THE FORM OF,
AND AUTHORIZING THE EXECUTION AND
DELIVERY OF, A SECOND AMENDED AND
RESTATED TRUST INDENTURE, A SECOND
AMENDED AND RESTATED LOAN
AGREEMENT AND OTHER DOCUMENTS
RELATED TO THE BONDS AND
14
REGULAR MEETINGNOVEMBER 28, 2011
AUTHORIZING PROPER OFFICERS TO DO
ALL OTHER THINGS DEEMED NECESSARY
OR ADVISABLE IN CONNECTION
THEREWITH AND APPROVING AND
AUTHORIZING OTHER ACTIONS IN RESPECT
THERETO
This bill had first reading. Councilmember Rouse made a motion to refer this bill to the
Community and Economic Development Committee and set it for Public Hearing and
Third Reading on December 12, 2011. Councilmember White seconded the motion
which carried by a voice vote of eight (8) ayes.
BILL NO. 76-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, TRANSFERRING $25,000
FROM THE RAINY DAY FUND NO. 102 TO
THE UNEMPLOYMENT COMPENSATION
INSURANCE FUND 713 WITHIN THE CITY OF
SOUTH BEND
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Personnel and Finance Committee and set it for Public Hearing and Third Reading on
December 12, 2011. Councilmember White seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 77-11 FIRST READING 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
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Personnel and Finance Committee and set it for Public Hearing and Third Reading on
December 12, 2011. Councilmember LaFountain seconded the motion which carried by
a voice vote of eight (8) ayes.
BILL NO. 78-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2011 OF $222,428 FROM
GENERAL FUND (#101), $1,363 FROM EXCESS
LEVY FUND (#103), $3,001 FROM
STUDEBAKER/OLIVER GRANT FUND (#209),
$5,392 FROM COMMUNITY AND ECONOMIC
DEVELOPMENT FUND (#212), $34,699 FROM
LOSS RECOVERY FUND (#227), $164 FROM
GENERAL GRANT FUND (#250), $1,463,859
FROM EXCESS WELFARE FUND (#252), $4,600
FROM HUMAN RIGHTS GRANT FUND (#258),
$30,000 FROM POLICE GRANTS FUND (#280),
$15,000 FROM INDIANA RIVER RESCUE
FUND (#291), $472,140 FROM UDAG FUND
(#410), $5,269 FROM COVELESKI BOND
CONSTRUCTION FUND (#438), AND $410,000
FROM HALL OF FAME CAPITAL FUND (#677)
15
REGULAR MEETINGNOVEMBER 28, 2011
This bill had first reading. Councilmember LaFountain made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
December 12, 2011. Councilmember Davis seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 79-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS OF $54,000 FROM
SOLID WASTE FUND (#610), ($54,000) FROM
SOLID WASTE CAPITAL FUND (#611), $15,900
FROM PARKING GARAGE FUND (#601), $110
FROM 2006 SEWER BOND FUND (#645),
$200,000 FROM SEWAGE WORKS SINKING
FUND (#649) AND $239,100 FROM 2010
SEWER BOND FUND (#658)
This bill had first reading. Councilmember LaFountain made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
December 12, 2011. Councilmember Davis seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 80-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING AN
AMENDMENT TO ARTICLE III OF THE LEASE
AND MANAGEMENT AGREEMENT
BETWEEN STUDEBAKER NATIONAL
MUSEUM, INC., AND THE CITY OF SOUTH
BEND
This bill had first reading. Councilmember LaFountain made a motion to refer this bill to
the PARC Committee and set it for Public Hearing and Third Reading on December 12,
2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote
of eight (8) ayes.
UNFINISHED BUSINESS
REPORT FROM AREA PLAN COMMISSION
BILL NO. 63-11 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LCOATED 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 DEISTRICT
3 IN THE CITY OF 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 December 12,
2011. Councilmember Varner seconded the motion which carried by a voice vote of
eight (8) ayes.
16
REGULAR MEETINGNOVEMBER 28, 2011
Council Attorney Kathleen Cekanski-Farrand advised that she will not be in attendance
for the December 12, 2011 meeting of the Council. She stated that she has asked
Aladean DeRose, Chief Assistant City Attorney to fill in during her absence.
NEW BUSINESS
There was no new business to come before the Council at this time.
PRIVILEGE OF THE FLOOR
COMMENTS FROM MR. THOMAS BUTLER REGARDING THE OCCUPY
MOVEMENT
Mr. Butler advised that he is speaking in favor of the occupy movement. He stated that
they are helping and working for small business. He stated that it was mentioned at a
previous Council Meeting that businesses downtown were complaining about the
movement. He stated that he wanted to know who was complaining so that he could talk
to them and help them understand that they were fighting for small business.
COMMENTS FROM MR. JOSEPH SHABAZZ REGARDING AFFIRMATIVE
ACTION
Mr. Shabazz , 906 Blaine Avenue, South Bend, Indiana, stated that he has not seen the
City take any action on the Affirmative Action Law. He would like for the Council to
review the Affirmative Action Plan. He would like to see a semi-annual review done and
a report filed.
COMMENTS FROM MS. RITA KOPALA REGARDING FREEDOM OF SPEECH
Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, passed out information regarding the
time she tried to peacefully protest and was arrested twice for doing so. She stated that
she carried a sign protesting what was happening to her property and the destruction of
her land. Ms. Kopala stated that it is everyone’s right to peacefully demonstrate for what
they believe is right. She urged the Council to stop cutting out all their rights. She stated
that they are entitled to public access and transparency in government.
ADJOURNMENT
There being no further business to come before the Council, President Derek D. Dieter
adjourned the meeting at 8:01 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Derek D. Dieter, President
17