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HomeMy WebLinkAbout02-27-12 Common Council Meeting Minutes REGULAR MEETING FEBRUARY 27, 2012 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, February 27, 2012 at 7:00 p.m. The meeting was called to order by Council Vice-President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole Absent: Derek Dieter At-Large, President th Fred Ferlic 4 District OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Council Vice-President Oliver Davis advised that due to the absence of Council President Dieter the minutes from the Monday, February 13, 2012 Council Meeting will be approved at the Monday, March 12, 2012, South Bend Common Council Meeting. SPECIAL BUSINESS RESOLUTION NO. 4153-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING HOWARD W. BUCHANON II FOR HIS MORE THAN 38 YEARS OF DEDICATED SERVICE ON THE SOUTH BEND FIRE DEPARTMENT Whereas, the Common Council notes that at the age of 5, Howard Buchanon II became fascinated by the roar of fire trucks and the red lights of ambulances as he grew up on the east side of South Bend, and later graduated from John Adams High School; and Whereas, Howard Buchanon II’s more than 38 year career on the South Bend Fire Department began when Fire Chief Jack Bland contacted him for a training class after a vacancy became available; and 1 REGULAR MEETING FEBRUARY 27, 2012 Whereas, Howard Buchanon II’s long career included many promotions – to the rank of Captain, then to become a Battalion Chief, then to be a Assistant Chief, before being named Fire Chief in 2007, by Mayor Stephen J. Luecke when he succeeded Luther Taylor who retired; and Whereas, Fire Chief Buchanon demonstrated on a daily basis his commitment to the South Bend Fire Department by being a shining example of the values, integrity, respect, pride, accountability and partnerships which are the backbone of this very dedicated, multi-faceted Fire Department. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the South Bend Common Council, honors, publicly commends and congratulates former Fire Chief HOWARD W. BUCHANON II, for his more than 38 years of loyal and dedicated service on the South Bend Fire Department. Section II. Howard Buchanon’s leadership and vision has continued the strong commitment to excellence which each of the 252 sworn firefighters dedicate their lives to each day in seeing that the maximum protection of life, safety and property takes place on a 24/7 basis in South Bend, Indiana. Section III. May your retirement be filled with many blessings, and may you, Mary, your wife of 38 years, and your children LaTisha, Travis, and Tyona have many years of enjoyment, as you capture memories with one of your many cameras. We THANK YOU and salute you for a job very well done. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember White, 1912 Malvern Way, 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 Howard Buchanon. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Buchanon thanked the Council for this honor. He stated that he looks forward to spending more time with his family. Additionally, Councilmember’s Scott, Henry Davis, Schey, Varner, Gavin Ferlic, and Oliver Davis offered comments and thanked Howard for his years of dedicated service to the South Bend Fire Department. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. 2 REGULAR MEETING FEBRUARY 27, 2012 RESOLUTION NO. 4154-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING TUESDAY, FEBRUARY 29, 2012 AS “WORLD SPAY DAY” IN SOUTH BEND AND URGING RESIDENTS TO PARTICIPATE IN LOCAL SPAY DAY ACTIVITIES Whereas, in 1995, the Doris Day Animal League created “Spay Day” which became a program of the Humane Society of the United States when they combined their operations in 2006; and Whereas, “Spay Day” became the first and only international day of action to “promote the spaying or neutering of pets where veterinarians and their staffs, animal welfare professionals, business owners and citizens all join together to provide spay/neuter services and promote spay/neuter as an effective and humane means of decreasing homeless animals”; and Whereas, annually, approximately 4 million pets are euthanized in the United States, with 3.7 million of these pets being cats and dogs and with many of these cats, dogs and rabbits being healthy and adoptable. It is especially noteworthy to emphasize that an unspayed cat can give birth to 18 kittens each year and an unspayed dog can give birth to 20 puppies annually; and Whereas, during the first 15 years of “Spay Day” activities, more than 1,457,200 animals were spayed or neutered resulting in saving animal shelters the average sum of $176 per animal to house a homeless pet, and thereby saving millions of taxpayers’ dollars; and Whereas, the South Bend Common Council recognizes that pets provide companionship and an opportunity to exercise responsibility to more than 71 million households throughout America; and Whereas, veterinarians, national and local animal protection organizations, and private citizens and volunteers are again joining together this year to advocate the spaying and neutering of pets, feral cats and street dogs on “World Spay Day 2012”. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby declares Tuesday, February 28, 2012, as “World Spay Day” in South Bend, Indiana. Section II. The Council urges the residents of South Bend to observe “World Spay Day” by having their pets spayed or neutered or to sponsor the spaying or neutering of another person’s pet, or to sponsor an animal in a shelter awaiting adoption. The Common Council is especially proud to acknowledge that the following groups and businesses are participating in local “World Spay Day” activities this year: ABC Clinic Heartland Small Animal Rescue South Bend Animal Care & Control Amber’s Pampered Pets Kryder Veterinary Clinic University Park Veterinary Hospital Clayview Animal Clinic Linda’s Camp K9 Veterinary Technology Program CARE of South Bend Michiana Feral Cat Initiative of Brown Mackie College Furry Friends & More Pet Refuge Western Veterinary Clinic 3 REGULAR MEETING FEBRUARY 27, 2012 Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Valerie Schey Member of the Common Council Councilmember Valerie Schey, 1314 E. Wayne St. North, 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 the participants in “World Spay Day.” A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. The owner of Heartland Small Animal Rescue (no name given) thanked the Council for this Resolution. She stated that this is a step in the right direction to responsible pet ownership. She stated that she loves animals but would like to have time to spend with her family and friends. She encouraged everyone to spay or neuter their animals. Diane Szilagyi, 709 Cushing, South Bend, Indiana, spoke in favor of this Resolution. Ms. Szilagyi stated that she rescued a cat from the Michiana Feral Cat Initiative and it was the best thing she’s ever done. She stated that there are two cats roaming around her neighborhood, and thinks that they belonged to the neighbors across the street who moved out about a month ago and did not take the cats with them. She stated that she is feeding them and will probably end up rescuing them. She encourage adoption from rescue facilities and spay or neutering your animals. Marlena Ballard, 56270 Primrose, South Bend, Indiana, stated that she is with the Michiana Feral Cat Initiative and is in full support of this resolution. She urged the Council’s favorable consideration. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. REPORTS OF CITY OFFICES There were no reports of City Offices. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:27 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 02-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET, WEST OF ST. PETER STREET AND THE FIRST NORTH-SOUTH ALLEY WEST OF ST. PETER STREET, NORTH OF LASALLE STREET. THE STREET IS DESCRIBED AS: ST. PETER STREET RUNNING NORTH FROM THE NORTH RIGHT- OF WAY LINE OF LASALLE STREET 4 REGULAR MEETING FEBRUARY 27, 2012 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mike Danch, Danch, Harner & Associates, 1643 Commerce Dr., South Bend, Indiana, representing the property owner, Diocese of Ft. Wayne South Bend., Inc., made the presentation for this bill. Mr. Danch advised that his client is requesting the approval of the vacation for future development of the proposed St. Joseph High School Athletic fields located along the North side of LaSalle Street between Notre Dame Avenue and St. Louis Boulevard. Mr. Danch stated that vacating the public right-of-ways will not have a detrimental effect on the adjacent properties located along this portion of LaSalle Street between Notre Dame Avenue and St. Louis Boulevard. 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 on present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable consideration to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 03-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET Councilmember Oliver Davis made a motion to continue this bill until the March 12, 2012 meeting of the Council at the request of the petitioner. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 81-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5,700,000.00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION Councilmember Gavin Ferlic made a motion to strike this bill from consideration at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes and one (1) nay (Councilmember Henry Davis, Jr.,) 5 REGULAR MEETING FEBRUARY 27, 2012 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 seven (7) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:33 p.m. Council Vice-President Oliver Davis presided with seven (7) members present. BILLS – THIRD READING ORDINANCE NO. 10150-12 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET, WEST OF ST. PETER STREET AND THE FIRST NORTH-SOUTH ALLEY WEST OF ST. PETER STREET, NORTH OF LASALLE STREET. THE STREET IS DESCRIBED AS: ST. PETER STREET RUNNING NORTH FROM THE NORTH RIGHT- OF WAY LINE OF LASALLE STREET This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 4155-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 730 & 734 TH SOUTH 29 STREET, SOUTH BEND, INDIANA 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 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 Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. 6 REGULAR MEETING FEBRUARY 27, 2012 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: th 730 & 734 South 29 Street, South Bend, Indiana 46615 in order to permit: Special Exception to operate a Child Care Facility without the Owner/Operator residing at said facility in a R Zoned District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area 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 recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South § Bend Municipal Code 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. Approval shall be further subject to a lease for not less than 22 off-site parking spaces for a term of five (5) years. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, 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 a favorable recommendation. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a child care th facility in a “SF2” district, on property located at 730 & 734 S. 29 Street. Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on February 1, 2012, and send this bill to the Common Council with a favorable recommendation. 7 REGULAR MEETING FEBRUARY 27, 2012 Mr. Bernie Feeney, Lang, Feeney & Associates, 715 S. Michigan Street, South Bend, Indiana, made the presentation on behalf of the petitioners Wee Friends, Charles and Tami Barbour. Mr. Feeney advised that the Barbour’s are the owners and operators of the Wee Friends th daycare. He stated that the special exception is for two homes that sit side by side on 29 Street. Mr. Feeney stated that Wee Friends daycare started in the Barbour’s home a few block from this location. Their daycare business grew as did their family and then came the need to separate the home from the business portion of it. One of the homes was available for sale and the Barbour’s bought, fixed it up and the daycare moved into the home. Business steadily grew and grew over a period of approximately 10 years. The home adjacent to the daycare had fallen into disrepair and into foreclosure. The Barbour’s decided here’s a chance to kind of control the property next door and also to possibly be able to expand the business into this adjacent home and purchased the home next door and remodeled it. He stated that for the daycare to be located in a residential area the owners must live in that home. The business started that way and the Barbour’s were unaware of the fact that when the business moved to another location it no longer fell within those guidelines. Mr. Feeney stated that the neighbors have been receptive and also had some parking and traffic concerns. Mr. Feeney stated that the Barbour’s have made arrangements for parking at the neighborhood church just a few houses down from the daycare. Mr. Feeney advised that the staff of Wee Friends parks at the church along with parents that are going to be staying longer than to just drop their children off. The only issue that they don’t have much control over is when the school bus drops off children with special needs. The bus stops, the driver lowers the ramp, unbuckles the child and helps them to the daycare. Mr. Feeney stated that the process takes a few minutes longer than the average bus drop off. Mr. Feeney asked for the Council favorable consideration. 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 White 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 seven (7) ayes. RESOLUTION NO. 4156-12 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 1902 WESTERN AVENUE, SOUTH BEND, INDIANA 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 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 Area 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: 8 REGULAR MEETING FEBRUARY 27, 2012 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: 1902 Western Avenue in order to permit the use of the property as a bar/nightclub consistent with its past historic uses. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area 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 recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South § Bend Municipal Code 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. Approval shall be further subject to a lease for not less than 22 off-site parking spaces for a term of five (5) years. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic made a motion to amend this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: To add at the end of Section IV. “Approval shall be further subject to a lease for not less than 22 off-site parking spaces for a term of five (5) years.” Mr. Mark Lyons, Assistant Zoning Administrator, St. Joseph County Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow for a bar/restaurant/nightclub, on property located at 1902 Western Avenue. Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on February 1, 2012 and sends it to the Council with an unfavorable recommendation. Mr. Bruce Huntington, Attorney, Botkin & Hall, 105 E. Jefferson Blvd., South Bend, Indiana made the presentation on behalf of the petitioner Ms. Janiecesha O’Neal. 9 REGULAR MEETING FEBRUARY 27, 2012 Mr. Huntington advised that the petitioner is seeking a special exception to allow the re- use of what was the former Seahorse nightclub and bar. He stated that the Seahorse has been closed for several years. He stated that it was purchased by a young woman and is now being leased to Ms. O’Neal. Mr. Huntington stated that Ms. O’Neal is an experienced business woman here with businesses here in South Bend and family here in South Bend and wishes now to take this property and transform it once again into a night club. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. th Ms. Kathleen Pettijean, 119 S. 26 Street, South Bend, Indiana, spoke in favor of the bill. She stated that she did not think that the parking would be an issue. She urged the Council’s favorable consideration. Mr. Antwon Taylor, 826 ½ Leland Avenue, South Bend, Indiana, spoke in favor of the bill. He stated that he did not believe that parking would be an issue. He stated that the re-use of the building will be an asset to the area. He asked the Council for their favorable consideration. Ms. Nikisha Allen, 1757 N. Allen, stated that she is a cousin of Ms. O’Neal. She stated that they were raised right and that Ms. O’Neal is trying to better herself. She urged the Council’s favorable consideration. Ms. Williams, 446 S. Jackson, South Bend, Indiana, spoke in favor of the bill. Ms. Williams asked for the Council to give them a chance. She stated that the parking issue will not be a problem. She asked for the Council’s favorable consideration. There was no one present wishing to speak to the council in opposition to this bill. Councilmember’s Oliver Davis and Henry Davis, Jr. offered there comments and wished Ms. O’Neal all the best in her endeavor. Councilmember Valerie Schey asked what the hours of operation of the night club/bar will be. Mr. Huntington advised that on weekdays the club will be open from 6:00 p.m. until 1:00 a.m., and on weekends from 6:00 p.m. until 3:00 a.m. Councilmember Scott asked if they have obtained their liquor license? Mr. Huntington stated yes. Councilmember Henry Davis, Jr., made a motion to adopt this Resolution as amended. Councilmember White seconded the motion which carried by a roll call vote of seven (7) ayes. RESOLUTION NO. 4157-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2012 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and 10 REGULAR MEETING FEBRUARY 27, 2012 WHEREAS, on March 27, 2012 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Green Tech Transfer 2500 Greentech Dr. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Green tech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Shapiro Metals 2920 W. Sample St. Steve & Gene’s 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 1420 S. Walnut St. US Scrap/SB Bailing 1420 S. Walnut St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2012. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Green Tech Transfer 2500 Greentech Dr. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Shapiro Metals 2920 W. Sample St. Steve & Gene’s 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 1420 S. Walnut St. US Scrap/SB Bailing 1420 S. Walnut St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk’s communication to the City Clerk dated March 27, 2012. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 11 REGULAR MEETING FEBRUARY 27, 2012 s/Derek D. Dieter Member of the Common Council Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th City Clerk John Voorde, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Clerk Voorde advised that Kareemah Fowler, Ordinance Violation Bureau Clerk, City Clerk’s Office has received renewal application for the operation of Scrap Metal/Junk Dealers/Recycling Operations. In accordance with the procedure for the renewal of city business licenses, these applications were submitted to the Police Department, Fire Inspection Bureau, and the Department of Code Enforcement for inspection. He advised that they received favorable recommendations from those various departments. Also received was compliance for proper maintenance of the premises and areas outside the fences, along with the height and condition of the fencing. Clerk Voorde asked the Council for their favorable consideration. 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 Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 4158-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING STEPPED-UP INITIATIVES TO IMPLEMENT MORE “BEST PRACTICES” EMPHASIZING MORE FUEL-EFFICIENT SUSTAINABLE PROGRAMS Whereas, the City of South Bend, Indiana and MACOG have been leaders in implementing energy conservation programs for many years; and , Whereas on October 12, 1982, the South Bend Common Council passed Ordinance No. 7108-02 which among other things created a 15-member Energy Conservation Commission with nine (9) members appointed by the Council and six (6) members appointed by the Mayor who were charged with addressing the “present and future energy needs of our community” and: 1.Advising the City Administration and the Common Council on efficient uses of present and future sources of energy by developing long-range conservation plans and emergency energy plans; 2.Reviewing energy plans in each of the City’s department, bureau and subdivision; 3.Make information available on energy conservation and act as a clearinghouse for activities and information 4.Develop and recommend legislation which would foster conservation of energy; stimulate awareness; promote public participation; and obtain data and information; and 12 REGULAR MEETING FEBRUARY 27, 2012 , Whereason January 14, 1985, Ordinance No. 7420-85 was passed by the South Bend Common Council which reduced the Energy Conservation Commission from fifteen (15) members to thirteen (13) members with the provisions of both of these ordinances being codified into the South Bend Municipal Code as Section 2-53; and , Whereas on July 12, 2010, the South Bend Common Council passed Ordinance No. 10023-10 which among other things created the position of Director of Energy Conservation; and , Whereas the Common Council, in conjunction with the City Administration have implemented many regulations with regard to vehicles which have been codified into the South Bend Municipal Code, namely: SBMC § 2-122 Use of Private Vehicles for City Business SBMC § 2-123 Regulation of City-Owned Vehicles SBMC § 2-124 Discretionary Vehicle Allowance to City Department Head or st Key Employee with an Annual Vehicle Report being submitted by July 31 of each year. The 2011 Annual Vehicle Report set forth information on seventeen (17) departments and bureaus of the City of South Bend where it gave detailed information on 1,091 “units” used by the city listing the unit #, year, license #, description, serial #, purchase price, assigned employee, whether it is a take home vehicle, whether the employee lives in the City of South Bend and whether the vehicle has an authorized city seal or marking thereon; and , Whereas on February 29, 2012 from 11 a.m. to 1 p.m. a “Green Summit VI: The Future of Transportation” with this Summit being a community-wide, annual event where Jon Burke, the City of South Bend’s Director of Energy Conservation will be a speaker. Now, Therefore, be it resolved, by the Common Council of the City of South , Bend, Indiana as follows: Section I. The 2012 civil city budget has gasoline budgeted at $3.60 per gallon. In light of the continuing spike in energy costs, the Common Council of the City of South Bend, Indiana, believes that there are urgent energy issues warrant the attention of the City Energy Director and staff and the Green Ribbon Commission, so that they may report and update the Common Council and the City Administration in a timely manner. Section II. The Council believes that in addition to the responsibilities set forth in the South Bend Municipal Code which shall be assigned to the entities identified in Section I of this Resolution, that some of the issues which could be addressed include: 1.The feasibility and required mechanisms to purchase gasoline, fuel-efficient fuels and energy efficient vehicles with other entities such as the school corporation, the county, TRANSPO etc. in order to realize cost savings to the taxpayers. 2.Developing short and long-term plans to retrofit and/or replace city-owned vehicles so that they can use alternative fuels. 3.Developing enhanced partnerships such as with the ethanol plant which are currently under utilized local resources in our community. 4.Developing programs addressing trip bundling, carpooling, and financial incentives for efficient vehicle use. 5.Developing proper fleet size which focuses on fuel-efficient vehicles that are of an optimal size/capacity for the intended functions and uses. 13 REGULAR MEETING FEBRUARY 27, 2012 6.Developing idling policies for city vehicle; updating cost benefit analysis of the entire city-owned fleet focusing on improved efficiencies and cost effectiveness 7.Developing more partnerships with multiple energy-conscious organizations such as the new Think City electric car which the city was able to purchase for $1. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Henry Davis, Jr. Member of the Common Council s/Oliver Davis Member of the Common Council Councilmember Gavin Ferlic made a motion to amend this bill. Councilmember Henry Davis seconded the motion which carried by a voice vote of seven (7) ayes. Council Attorney Kathleen Cekanski-Farrand read the amendments into the record: Section I. The 2012 civil city budget has gasoline budgeted at $3.60 per gallon. In light of the continuing spike in energy costs, the Common Council of the City of South Bend, Indiana, believes that there are urgent energy issues warrant the attention of the City Energy Director and staff and the Green Ribbon Commission, so that they may report and update the Common Council and the City Administration in a timely manner. Section II. The Council believes that in addition to the responsibilities set forth in the South Bend Municipal Code which shall be assigned to the entities identified in Section I of this Resolution, that some of the issues which could be addressed include: Councilmember’s Henry Davis, Jr. and Oliver Davis made the presentation for this bill. They advised that since 1982, there has been an ordinance which created an Energy Conservation Commission. They understood that it worked quite well when the energy crisis was experienced in the US during the 1980’s. In light of projected spikes in fuel, and the fact that the city was awarded an Energy Efficiency and Conservation Block Grant, they thought that this Commission should be activated. Councilmember Valerie Schey advised that she like so many Americans is ready for our country to move forward in terms of its energy policy. She stated that she is eager for public policy to fully embrace renewables; however, she appreciates the complexity of this issue and believes that decisions of this nature need to be made in concert with the state and federal law makers. She stated that she has submitted three documents to be added to this bill. Copies are available in the Office of the City Clerk. The first is Indiana Senate Enrolled Act No. 251 on clean-coal technologies and nuclear energy production. The second is a review of ethanol and the third is an article from the Bloomberg Report on the high cost of going green. She stated that she hopes that this information will prove to be helpful in fostering a critical examination of this issue. Councilmember Henry Davis, Jr. advised that he would like to see all boards/commissions that are inactive be taken off the books. A Public Hearing was held on the Resolution at this time. th Mr. Gary Gilot, President, Board of Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that the amendment that Council Attorney Kathleen Cekanski-Farrand read into the record is acceptable to the administration. He stated that it is an opportunity for the Council and Administration to work together on matters of energy policy and to move the ball down the field and a little quicker. He stated that Energy Director Jon Burke has a substantially complete draft on the strategy that builds from the initial work they did with the Department of Energy Efficiency and Conservation Block Grant. Mr. Gilot stated that Mr. Burke has done 14 REGULAR MEETING FEBRUARY 27, 2012 some wonderful work just this past week they clipped a ribbon on some of the lighting upgrades that were done at the Martin Luther King, Jr. Center which also affected the park maintenance building, Fire Station #6 and the Charles Black Center. He stated that Mr. Burke is working on how can we improve our energy environment and economy all together not two out of three is close enough but we really have to have something that is a better energy policy that saves us money and saves the carbon footprint on the energy source and that helps the environment and helps the city’s pocketbook. In doing that, we need to think about life cycle costs instead of initial cost. He stated that they will go though the list of what was suggested and knows that they are elements of Mr. Burke’s thinking on strategy and policy for the City to invest our limited resources in a wise fashion so that we can be good stewards to the public resources that have been entrusted to us. He stated that they have done some good things on fixed source energy used in our buildings and they have done some good things associated with mobile sources, vehicles, trucks, and the fuel that they pump through the tanks. He stated that they have looked at trying to lock prices in and tried floating in the spot market some years they do better one way than another. He stated that they don’t have a perfect crystal ball and there is no body on staff who is an expert in futures. He stated that there is a lot to learn on this topic, he stated that Mr. Burke is a really smart person on this topic, they hired an expert on Energy Policy, and so if they move forward the Administration and Council welcome input. Mr. Gilot stated that he was very much involved in the make-up of the Green Ribbon Commission. He stated that it was not politically based; it was people who had backgrounds in the environment and was a nice cross-section of the community. There were over 60 people on that list. He stated that he could not tell you their party affiliation would be. He stated that typically they would have 30 or 40 people show up in committee structures and work on ideas on how to spend the grant money wisely. So they have already convened, they have hashed through some of these issues and to use them again as a community cross section to formulate strategy is a better move than trying to resurrect a 1982 Commission. He stated that he will leave the clean-up of the Code Book to a later discussion of Mayor and Council. Councilmember Oliver Davis asked when the Green Ribbon Commission will meet again. Mr. Gilot advised that there is a tentative date to meet on Earth Day. Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. There was no one else present wishing to speak in favor of this bill and there was n one present wishing to speak in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt this Resolution as amended. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING BILL NO.04-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $208,735.00 FROM THE NONREVERTING LOSS RECOVERY FUND (NO. 227) IN 2012 FOR IMPROVEMENTS AT BELLEVILLE AND HOWARD PARKS Councilmember Varner made a motion to refer this bill to the PARC Committee and set if for Public Hearing and Third Reading on March 12, 2012. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 15 REGULAR MEETING FEBRUARY 27, 2012 BILL NO. 05-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,200.00 FROM THE GIFT, DONATION AND BEQUEST FUND (NO. 217) IN 2012 FOR THE DESIGN, PRODUCTION AND INSTALLATION OF WAYFINDING BICYCLE SIGNS Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on March 12, 2012. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION BILL NO. 82-11 AN ORDINANC EOF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDIANCE FOR PROPERTY LCOATED IN CLAY TOWNSHIP, CONTIGOUS THEREWITH; COUNCILMANIC DISTRICT 4 NAME OF PETITOIN: ALIBABA CAFÉ INC. COMMON ADDRESS 17917 SR 23, SOUTH BEND, IN 46635 Councilmember Varner made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Second Reading on March 26, 2012 and Third Reading on April 9, 2012. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS Councilmember Henry Davis, Jr., thanked City Clerk John Voorde and his staff for all their help in welcoming Mayor Michael P. Pembleton, Jr. of Sunflower, Mississippi to South Bend. He stated that they toured South Bend’s successful housing programs and discussed ways for Mayor Pembleton to improve Sunflower’s housing opportunities. Councilmember Henry Davis, Jr., asked for a letter to be sent to the St. Joseph County Commissioner’s on the deplorable conditions of the Council Chambers. He stated that the carpet and seating for the public is dirty and just looks bad. He stated that the City pays the County rent for space in the building and the County should update the facility. Councilmember Oliver Davis stated that the TRANSPO website is up and running. He stated that you can log on and check to see if your bus is running on time. He encouraged everyone to log onto the site and browse the website. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. 16 REGULAR MEETING FEBRUARY 27, 2012 ADJOURNMENT There being no further business to come before the Council, Vice-President Oliver Davis adjourned the meeting. at 8:34 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Oliver J. Davis, President 17