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HomeMy WebLinkAbout03-12-12 Common Council Meeting Minutes REGULAR MEETING MARCH 12, 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, March 12, 2012 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Oliver Davis made a motion that the minutes of the February 13, 2012 and February 27, 2012, Meetings of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes SPECIAL BUSINESS Council President Derek Dieter advised that Bill No. 12-10 and Bill No. 3-12 will be continued until the March 26, 2012 meeting of the Council. Council Attorney Kathleen Cekanski-Farrand stated that the May 28, 2012 meeting of the Council falls on Memorial Day. She stated that a motion will need to be made to change the date of the meeting to Tuesday, May 29, 2012. Councilmember Oliver Davis motioned, seconded by Council member White. The motion carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4159-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING PATRICK MICHAEL WITH A “2012 SOUTH BEND CITIZEN YOUTH AWARD” , Whereas the South Bend Common Council notes that the youth of our city are the hope and promise for a better tomorrow in our community; and 1 REGULAR MEETING MARCH 12, 2012 , Whereas the Common Council is proud to recognize that PATRICK MICHAEL th is an 8 grade student at Jefferson Intermediate Traditional School in the South Bend Community School Corporation; and , Whereas the Council notes that Patrick is especially talented and gifted, especially in his Science Class, and always shows a willingness to help other students; and , Whereas the South Bend Common Council recognizes Patrick’s many talents and his positive attitude, he is reported to show respect to his fellow students, his teachers and staff which makes him a “super youth” role model for other students to emulate. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the th Common Council is pleased to publicly present to PATRICK MICHAEL, an 8 grade student at JEFFERSON INTERMEDIATE TRADITIONAL SCHOOL of the South Bend Community School Corporation with a “2012 SOUTH BEND CITIZEN YOUTH AWARD”. Section II. The Common Council thanks Patrick for being a very gifted student who is a role model who reflects excellence through his academic performance, his positive attitude, his leadership abilities, and the respect which he daily shows to his classmates, teachers, and staff. Congratulations!! 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/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 Dieter, 413 W. Navarre, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Patrick Michael. 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. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. BILL NO. 12-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING MRS. AARON BLIGHT, PRESIDENT OF HEARTLAND SMALL ANIMAL RESCUE (HWSAR) WITH A “2012 SOUTH BEND CITIZEN AWARD” 2 REGULAR MEETING MARCH 12, 2012 Councilmember Oliver Davis made a motion to continue this bill until the March 26, 2012 meeting of the Council at the request of Councilmember Valerie Schey, the sponsor of the bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO.4160-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING MARTIN’S WITH A “2012 SOUTH BEND BUSINESS OF THE MONTH AWARD” Whereas, the South Bend Common Council notes communities need quality retail businesses who make decisions to headquarter their operations and provide excellent job opportunities; and , Whereas the Common Council is especially proud to recognize that Martin’s Supermarkets was founded in 1947 by Martin and Jane Tarnow in the City of South Bend, Indiana; and , Whereas the Council notes that since its early beginnings it has expanded its operations and now has twenty-one (21) locations throughout the Michiana area while maintaining its headquarters in the City of South Bend; and , Whereas the South Bend Common Council recognizes that Martin’s is known for its delicious bakery items; its wide selection of fresh produce, meats and seafood; its wide variety of deli items; and banking services just to name a few. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present to MARTIN’S SUPERMARKETS with a “2012 SOUTH BEND BUSINESS OF THE MONTH AWARD”. Section II. The Common Council thanks MARTIN’S SUPERMARKETS for being an outstanding business which provides high quality groceries to many neighborhoods throughout our city and beyond. The Council would especially like to thank MARTIN’S SUPERMARKETSfor being a great corporate citizen which is very active in our community by participating in Roofsit, Stuff a Bus Food Drive, Coaches v. Cancer as well as many other events. Your company is an excellent example of a local business success which truly benefits our entire community. Congratulations!! 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/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 Gavin Ferlic, 1610 Cedar Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and stating that he will deliver the Resolution to the representatives of Martin’s 3 REGULAR MEETING MARCH 12, 2012 Supermarket. Councilmember Gavin Ferlic stated that the representatives from Martin’s were present at the last meeting and had a conflict tonight. 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. Councilmember Oliver Davis made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:12 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) 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. 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 26, 2012 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 04-12 PUBLIC HEARING 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 Gavin Ferlic, Chairperson, PARC Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. 4 REGULAR MEETING MARCH 12, 2012 th Mark Neal, City Controller, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that this would appropriate $208,735.00 from the Nonreverting Loss Recovery Fund #227 for improvements at Belleville and Howard parks. The funding for this proposed expenditure comes from receipt of a third party payment from McLarens Young International, Inc. for a fire loss at the “Friendship Station” playground complex at Belleville Park in November, 2011. He stated that no City tax revenue is being used. Mr. Neal advised that the Park Department estimates the cost to replace the playground equipment at approximately $150,000.00. The new equipment will be metal and will be designed for ages 2-12. He stated that the balance of the $208,735.00 will be used for improvements at Howard Park. 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 to 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. 05-12 PUBLIC HEARING 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, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Chris Dressel, Community & Economic Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana made the presentation for this bill. Mr. Dressel advised that this bill would appropriate $5,200.00 from the Gift, Donation, and Bequest Fund #217 for the design, production and installation of wayfinding bicycle signs for the 2012 cycling season. He stated the funding for this proposed expenditure comes from donations received by the City of South Bend from Bike the Bend, the Bike Michiana Coalition and Grass Roots Media. No City tax revenue is being used. 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’s Dieter, Varner, Oliver Davis, Henry Davis and White offered their comments. Their concerns varied from who will be responsible for paying for the next phases and the placement of more signs throughout the city. They thanked the sponsors for their donations and their commitment to bicycling. The following individuals spoke in favor of this bill. Judy Lee, 66841 Walnut, Walkerton, Indiana, stated that she is very active in cycling in the South Bend area. She stated that she is President of the Bike Michiana Coalition, a coalition whose mission is to promote and be advocates for safe cycling in the community. She stated that they have worked with Chris Dressel and are very excited when they did have a bicycle coordinator and work very closely with Chris who is the liaison for the city. He helps them understand the City’s regulations and is very encouraging for some of the ideas that they have. She stated that they have long range ideas and short range ideas. She stated that they have really promoted bike wayfinding 5 REGULAR MEETING MARCH 12, 2012 signs and have been very active in getting the bike routes and bike lanes over time. She stated that they are very pleased that phase one has been completed. She hoped to see phase two done very shortly, probably during the cycling season. The whole purpose of this is to really promote safe cycling, their whole long range plans are basically that. She stated that they are going to make the city a better place to live and encourage recruitment to our city because they are among some of the cities that have bike routes and have the largest number of cycling commuters among many of the applicants for the bike friendly communities. She stated that they were very proud to get that award, the city did a great job and should be very proud of that. She stated that when you start to talk about some of the routes and the areas that they want to provide these wayfinding signs, they look at what the safest routes are for people to get to wherever they are going. She stated that they will continue to work on that. She stated that what they are is an advocacy committee and they have made this donation to the city so that they can improve the routes and there will be phase one, two and three, those again as Mr. Dressel stated are yet to be determined based on what they have now, they look at that and then start planning for more. She stated that they are not finished yet. Jean Blad, 18463 Summerwind Lane, South Bend, Indiana, Clay Township, stated that she is the Event Director for “Bike the Bend” and stated how proud she is to have contributed to these wayfinding signs. She stated that “Bike the Bend” is a celebration of family, friends and community and bicycling lanes promotes community and increases the quality of life in our community. She stated that they are thrilled as they approach rd their 3 event; they have brought people to this community from seventeen Indiana counties and seven other states. They have promote bicycling, safe riding, safety for the children, by doing some clubs after school to encourage children to ride for fun, with their friends and just to ride. If the community is welcoming to bicyclist it makes it a much friendlier place and makes it easier for people to stop and visit retailers if they are on a bike. The wayfinding signs make it easy to get to from one place to the other. She stated that she cannot tell the Council how much she would recommend to continue to promote this and approve it. She stated that she has seen an improvement in the community from what they have done in just the three short years they have been doing “Bike the Bend.” RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:38 p.m. Council President Derek Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10151-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $208,735.00 FROM THE 6 REGULAR MEETING MARCH 12, 2012 NONREVERTING LOSS RECOVERY FUND (NO. 227) IN 2012 FOR IMPROVEMENTS AT BELLEVILLE AND HOWARD PARKS This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10152-12 AN ORDINANCE 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 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO.12-10 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 1434 GARLAND CIRCLE Councilmember White made a motion to continue this bill until the March 26, 2012 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 06-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 07-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE 7 REGULAR MEETING MARCH 12, 2012 AND REAL PROPERTY KNOWN AS THE KEOGAN “HOBBIT” HOUSE AND LOCATED AT 1922 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set if for Public Hearing and Third Reading on March 26, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-12 FIRST READING ON A BILL OF 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 ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201 DOUGLAS ROAD This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION Councilmember White stated that as Chairperson of the Personnel and Finance Committee she declined to chair this bill in her committee. She advised that she has always taken the same stance on this bill. Councilmember White stated that she was asked by another Councilmember to not chair this bill because it might not receive a fair committee hearing. Councilmember White stated that she believes she has always conducted her committee meetings fair and impartial. She stated that she would defer the chairing of Bill No. 09-12 to her Vice-Chairperson Dr. David Varner. Councilmember Varner stated that he would chair Bill No. 9-12 as the Vice-Chairperson of Personnel and Finance Committee. 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 March 26, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember White, Chairperson of the Personnel & Finance Committee reported that there will be a Budget Workshop on Wednesday, March 14, 2012 from 4:00 until 6:00 p.m. in the Council Chambers. She stated that this is a first of a series of budget meetings that will be held. She encouraged the public to attend. Councilmember Henry Davis advised that on Tuesday, March 20, 2012, The Young Invincibles will partner with him as part of the “Campaign for Young America” bus tour 8 REGULAR MEETING MARCH 12, 2012 for a panel discussion about jobs and the economy. He stated the the “Campaign for Young America” comes at a time of serious challenges and exciting opportunities for our generation. He urged everyone to attend. Councilmember Oliver Davis thanked everyone who is helping in southern Indiana and sends his heartfelt sympathy to those who were devastated by the tornados. Councilmember Varner asked for a letter from Council Attorney Kathleen Cekanski- Farrand giving a history of Bill No. 9-12. Councilmember Scott advised that discussions with Courtyard Place Apartments are continuing and that they are still undergoing discussions. He stated that he will continue to give updates. Council President Dieter thanked the Near Northwest Neighborhood Association and White Water Wisconsin for their efforts in cleaning up the parks. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JOHN SWANSON CONCERNING A CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 Washington Street, South Bend, Indiana, advised that he would like to see a center or gym 3 floors, one for boys, one for girls, and one for little kids open twenty four (24) hours a day then they could have somewhere to go. COMMENTS FROM MR. DARRYL MCKINNEY REGARDING THE ALONZO WATSON BRIDGE Mr. Darryl McKinney, 501 Alonzo Watson Drive, South Bend, Indiana, asked when the repairs at the Alonzo Watson Bridge were going to begin. He stated that the Kroc Center is up and running and the bridge still has not been fixed. Mr. McKinney advised that Bill No. 65-11 passed last year by the Council for funding to repair the bridge was passed, but the work has still not been done. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting. at 7:53 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 9