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HomeMy WebLinkAbout07-23-12 Common Council Meeting Minutes REGULAR MEETING JULY 23, 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 Tuesday, July 23, 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 Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the July 9, 2012 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Councilmember Henry Davis announced that the Council is accepting applications for the Commission on the Status of Black Males. Applications can be obtained in the Office of the City Clerk and on the City Council’s website: www.southbendin.gov Councilmember Henry Davis advised that the Council will be accepting applications until August 10, 2012. RESOLUTION NO. 4196-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING AL “BUDDY” KIRSITS FOR AN EXEMPLARY PUBLIC SERVICE CAREER OF 32 YEARS OF DEDICATED SERVICE ON THE SOUTH BEND FIRE DEPARTMENT AND 12 YEARS OF IMPECCABLE SERVICE ON THE SOUTH BEND COMMON COUNCIL Whereas, the South Bend Common Council is extremely proud to publicly honor Al “Buddy” Kirsits, who will long be remembered for setting the bar at the highest level on the South Bend Fire Department where he tirelessly served for the past thirty-two (32) years – having been official sworn in on November 27, 1979 and following a family tradition of dedicated fire service which began with Buddy’s father and grandfather; and 1 REGULAR MEETING JULY 23, 2012 Whereas, the Common Council is also proud to acknowledge that Buddy served for twelve (12) years on the South Bend Common Council as a Council Member at Large where he championed for the rights of city residents and always brought a keen public safety perspective to discussions and deliberations; and Whereas, there are countless stories which reflect Buddy’s true commitment to public service; his unrelenting pursuit of excellence; and his compassion for always going that extra mile - with one of the best examples being when Buddy met an ambulance at St. Joe Hospital well after midnight which had traveled non-stop from Tennessee one cold & snowy night, and after this special patient was admitted, took the Tennessee firefighters and paramedics on a tour of Fire Station No. 2 where Buddy served as Battalion Chief and a tour of Notre Dame fire services which will always be remembered by them and a family with very grateful hearts; Whereas, the Council knows that Buddy probably has many keen and insightful comments about his decision to exercise his rights under the State of Indiana’s “PLOP” program (partial lump sum option payment) which may work their way into comments on retirement ; and Whereas,, the Council notes that the June 28, 2012 article in the South Bend Tribune entitled “Longtime Firefighter Hanging Up His Helmet” did not mention that reliable sources have confirmed that the bandages on Buddy’s right arm shown in the Tribune’s picture were in fact from recent carpal tunnel surgery which Buddy had to relieve pressure on the median nerve which supplies feeling and movement to parts of the hand and often leads to numbness, tingling, weakness, or muscle damage in the hand and fingers ---a common problem of anglers – especially those who study the foraging habits of fish in Minnesota and Donnell Lake. 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 honor AL “BUDDY” KIRSITS for a great public service career with the City of South Bend. Section II. The Common Council thanks Buddy for his service, his humor and his passion to always do the right thing; and knows that Jonathan Kirsits who was sworn in on April 13, 2011 will follow in his Dad’s footsteps. May the fish always be biting for you Buddy; and may you, Mary, Jonathan, Kyle, and Hanna continue to have great and memorable moments together which are filled with much love and . 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 Dr. Fred Ferlic, 830 Oakridge, 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 Buddy Kirsits. 2 REGULAR MEETING JULY 23, 2012 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. Buddy Kirsits thanked the Council for this honor. He also thanked his wife and family, and stated that it has been a lot of fun. He wishes he could do it again. He stated that his family says he looks more refreshed. He stated some advice to his council friends that they have a very tough job, people just don’t know the pressure that goes on each of your shoulders, don’t let the pressure get to you, hang in there, do something for yourselves and keep helping the city out. Councilmember Scott made a motion to adopt this Resolution by acclamation. Councilmember Schey seconded the motion which carried. Councilmember's Scott, Henry Davis, Schey, Varner, Oliver Davis, White, and Dieter, along with City Clerk John Voorde and Council Attorney Kathleen Cekanski-Farrand offered comments and thanked Buddy for his years of service on the Fire Department. REPORTS OF CITY OFFICES Update from Mayor Pete Buttigieg: Mayor Buttigieg thanked the Council for the opportunity to provide a monthly update on recent administration activities and upcoming priorities. He stated that they have the budget process in full swing, departments are working hard to assemble data, the green eye shades are out, and we are going to have a lot of work ahead of us because we don’t expect the top line to be going up much and we know how many priorities that we all care about for the city. He reiterated that he is very much looking forward to the first formal session with the Council to sink out teeth into budget affairs on Wednesday, July 25, 2012, as part of the ongoing collaborative budget process. He stated that he knows that there has been interest in key positions in the administration and wanted to give an update on that. He stated that he is pleased to announce that in both the department of Public Works and Legal Department we have strong candidates identified and thinks that they will be moving to extend offers to potential department heads very soon. He stated that the Police Department search will not happen as quickly as the others. That is a search that they have come to believe that it really depends on having Public input for its success and so they are going to work to make sure that this process is thorough and that this process incorporates public input as much as possible. He stated that they have an th upcoming Mayor’s Night Out, this one will be in the 5 District, at the O’Brien Center, th and look forward to being with Dr. David Varner, 5 District Council Representative, on Wednesday, July 25, 2012 at 5:30 p.m., it’s open to the public and encourage all Councilmember’s who can make it to come on over and will make sure that they have Department Heads there as well. He stated that they recently had the United Way Kick- Off, and the City is a great participant. This is news to him and may come as news to some fellow newly elected officials, but the city has contributed and this is city employees a total of $899,000.00, so far in the United Way Campaign over the years. He stated that he is especially pleased to note that the participation level which is so important that they have had 466 employees participate last year. That is almost a 40% participation rate and that has grown very steadily over the years and hopes that all of us will do our part to make sure that we are participating and encouraging others to do so. This is a great chance to help in so many community issues. Mayor Buttigieg gave an update on the graffiti team. They have addressed 538 reports of graffiti in the last six months or first six months of the year, 453 of those were residential or business properties, 30 were public sites as well as 55 public parks. It really has been distributed across the city although some districts are more concentrated when it comes to the st appearance of graffiti. He stated that they saw 32 sites addressed in the 1 District, 62 in ndrdthth the 2 District, 88 in the 3 District, 28 in the 4 District, 23 in the 5 District and 170 th addressed in the 6 District. He stated that he is pleased to announce that the rate of re- tagging is below 10% and gathered to be considered a good ratio relative to what you 3 REGULAR MEETING JULY 23, 2012 would expect to see nationally. He stated that he appreciates all the hard work that the Park Department has done on that. He stated that he continues to encourage Police Officers to really adopt ownership of the beats that they work in. That includes walking patrols, he stated that he has walked with police officers on some of the hottest days this summer, and stated that it was really impressive to see them out on the beats and would encourage the Council to consider doing the same to encourage that. He stated that he appreciates the opportunity upcoming to work with the Council on potentially creating a position to address youth engagement; so that they can make sure that they are doing everything they can to be pro-active about violence in the community. He stated that he hopes he doesn’t come off as to impatient in this regard, but want to make sure that we don’t let the perfect be the enemy of the good, as we work to make sure that we have a comprehensive solution built into our budget for next year. But don’t waste the opportunity to act sooner rather than later in some way. He stated that also coming up on our legislative agenda, they are hoping to have updates on the Community & Economic Development Department, including a new name for the Department which they would like to call the Community Investment Department and will be approaching the Council with a proposal that is budget neutral but would update titles that would reflect the new organization that they envision. That will enable that department to have a planning function as well as a business development group and an analytics group that can do due diligence on incoming deals, a neighborhood group and an Administration & Finance Group. He stated that they will provide more details in a cover letter to Council as they submit this but, certainly encourage the Council to contact him off-line if a personal briefing ahead of what it is that they envision. The 311 Team is hard at work, as you remember a promise to the public that they would deliver a 311 System by the end of the year. At least on proto-type form they are on tract to do that. The idea is not only to improve our capacity to take and handle phone calls, but also to capture data making it possible to make better decisions as managers. He stated that it is one of priorities that they will be bringing into the process as they think about government for next year and think it will really pay off over the long run, but will certainly requires us to think about some city processes differently, especially when it comes to how citizens get a hold of us in our departments. Similarly, they have a team working on process improvement. He stated that they have a really outstanding team of interns and asked them to take a look at some of the processes that are most common to when it comes to citizens coming to the administration, coming to the government looking for something. What are top 25 things that citizens need and then we can map out those processes and look for opportunities to do them faster, better, and cheaper. He stated that team is grinding away and he is looking forward to reviewing their work and after that certainly look forward to sharing that work. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:38 p.m. Councilmember Gavin Ferlic made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis 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. 4 REGULAR MEETING JULY 23, 2012 PUBLIC HEARINGS BILL NO. 29-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY AND THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT-OF-WAY Councilmember Henry Davis made a motion to continue this bill until the August 13, 2012 meeting of the Council at the request of the petitioner. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 31-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY Councilmember Varner, Chairperson, Public Works and Property Vacation 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. Mr. Joseph Gelchion, 1007 North Frances Street, South Bend, Indiana, made the presentation for this bill. Mr. Gelchion advised that he and his wife are seeking the vacation to consolidate parcels to replat into larger buildable lots consistent with the Central Business District Zoning. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9, ADMINISTRATION, SECTION 21- 09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE 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. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission and made the presentation for this bill. 5 REGULAR MEETING JULY 23, 2012 Ms. Nayder advised that the request is a text change amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21-09.05 Development Review Procedures, in order to add a new section (h) Combined Public Hearing Procedures. She stated that presently, there are four procedures between the zoning and subdivision ordinances that affect future development: rezoning, subdivision, variance and special exception. Rezonings are filed with the Common Council, referred to the Area Plan Commission for public hearing and recommendation, and then returned to the Common Council. Subdivisions are submitted directly to the Area Plan Commission and referred to the Plat Committee. Variances are filed with the Building Department and heard by the Area Board of Zoning Appeals. Special Exceptions are also filed with the Building Department and heard by the Area Board of Zoning Appeals, but returned to the Common Council with a recommendation. In July 2011, a State statute change allowed an Area Plan Commission to hold a combined public hearing on all four of the above items. She stated that based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers, and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Toppel advised that this bill would appropriate $100,000.00 from the General Fund 101 to enable the continuing clean up of certain illegal dumping within the City of South Bend. She stated that on January 9, 2012, the Common Council passed Ordinance No. 10145-12 which appropriated $130,000 for the purpose of covering all costs to enable cleanup of certain illegal dumping. The appropriation approved by Ordinance No. 10145-12 was for the period ending June 30, 2012, after which the program was to be evaluated for its efficacy. She stated that her department has shown data that the illegal dumping program has been highly successful and that it should be continued through the remainder of calendar year 2012. To do this, an appropriation of an additional $100,000 is necessary. She stated that it is a total of $230,000 in funds for calendar year 2012. She 6 REGULAR MEETING JULY 23, 2012 reiterated that this bill would appropriate those funds from General Fund 101 to reimburse Solid Waste Fund 610. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS Councilmember Dieter made a motion to continue this bill until August 13, 2012. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION Councilmember Oliver Davis made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Henry Davis, Jr., and Councilmember Tim Scott, made the presentation for this bill. Councilmember Henry Davis advised that since the initial version of the proposed regulations were filed with the Office of the City Clerk on June 6, 2012, the Council Attorney and Interim City Attorney have had the opportunity to meet and do additional detailed research. As a result, the proposed regulations reflect their join recommendations based on case and statutory authorities addressing alleged retaliatory th adverse employment actions. Cases from the Indiana Court of Appeals and the 7 Circuit Court of Appeals have been reviewed and a reference to some of those decisions are now included in the footnote referenced included in the substitute bill. The changes have been highlighted in the substitute bill to indicate new language which is underlined and prior language which is now proposed to be deleted being crossed out. Councilmember Scott advised that some of the key highlights are as follows: Requires a written complaint to be filed with the Director of Human Resources for the City of South Bend. Requires that such a written complaint must have been filed within thirty (30) days of the alleged retaliatory adverse employment action; Requires that a written complaint be filed on a form proved by the Director of Human Resources; Adds a reference to the Law Department which is one of the Executive Departments established in Section 2-13 of the South Bend Municipal Code; Maintains that any complain which was not filed in good faith, or knowingly or recklessly proved false information or testimony is a violation subject to disciplinary action; Maintains the requirement tat proper training on ethics 7 REGULAR MEETING JULY 23, 2012 regulations would be an ongoing requirement of the City Administration. The both stated that they believe the proposed regulations to be fair and reasonable and ask the Council for their 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. Councilmember Gavin Ferlic thanked everyone for their collaboration on this bill and for doing excellent work on the crafting of this bill. Council Attorney Kathleen Cekanski-Farrand advised that this bill does not include the sworn members of the Police and Fire Departments. However, they will advise the Board of Public Safety to develop similar regulations. The following individuals spoke in favor of this bill: Jesse Davis, 1333 E. Calvert, South Bend, Indiana, spoke in favor of this bill. Rev. Greg Brown 1238 Diamond, South Bend, Indiana, spoke in favor of this bill. Samuel Brown 222 Navarre, South Bend, Indiana, spoke in favor of this bill. There was no one else presenting wishing to speak in favor of this bill and there was no one else present wishing to speak in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS Councilmember Dr. Fred Ferlic, Chairperson, Health & Public Safety 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. Councilmember Dr. David Varner advised that he is the sponsor of this bill and made the presentation for this bill. Councilmember Varner advised that Indiana’s new state law on smoking takes effect on July 1, 2012. He stated that this bill would require signage to be posted at the entrance of all facilities open to the public. He stated that this way, any person has notice, before entering, whether smoking is permitted or whether it is prohibited. Dr. Varner advised that by passing this ordinance, it would give greater opportunity to collaborate with the County Health Department, and also see how the new state law is working. He stated that he has attached a 2 page summary in a Q & A format which is posted on the State of Indiana’s Alcohol and Tobacco Commission website along with this bill which provided a good summary of these new provisions. He stated that we all have concerns about protecting individuals from secondhand smoke. With these additional notice provisions, persons have the right to select the venues they wish to patronize. He stated that he believes they should have options and alternative, and this bill provides those for 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. 8 REGULAR MEETING JULY 23, 2012 Councilmember’s Schey, Dr. Fred Ferlic and Gavin Ferlic, all advised that they won’t be supporting this bill. They believe that there is more work that needs to be done on this, and will be working towards a more comprehensive bill. Council Attorney Kathleen Cekanski-Farrand stated that at this stage the City Code calls for questions from the Council as opposed to statements. Oliver Davis stated that he will be supporting this bill. He stated that he doesn’t believe this bill will add any extra costs on the businesses. He stated that the information can be down loaded. He stated that if a business wants a fancier download they can go ahead and do that themselves and that is their choice to do that. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Scott made a motion for favorable recommendation to full Council concerning this bill. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of six (6) ayes and three nays (Councilmember’s Schey, Dr. Fred Ferlic and Gavin Ferlic.) BILL NO. 24-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACE Councilmember Scott made a motion to continue this substitute bill indefinitely. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis asked the Council attorney for clarification on how a bill is continued indefinitely and how it comes back to the Council. Council Attorney Kathleen Cekanski-Farrand stated that when a bill is continued indefinitely it is must appear under unfinished business at a future Council meeting. At that point the Council by majority votes set it for a date specific for Public Hearing. Councilmember Oliver Davis stated that it would have to receive five (5) votes for it to come back to the Council. What happens if the bill does not receive five (5) votes? Council Attorney Kathleen Cekanski-Farrand stated that the bill stays in committee. Typically, if a bill is still pending in committee, the City Clerk’s Office brings it to the attention of the Council at the first meeting following the organizational meeting in January and the Council by majority vote determines what they want to do. RISE AND REPORT Councilmember Scott 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. 9 REGULAR MEETING JULY 23, 2012 ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:07 p.m. President Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10170-12 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY 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. 10171-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9, ADMINISTRATION, SECTION 21-09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10172-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 10 REGULAR MEETING JULY 23, 2012 ORDINANCE NO. 10173-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION This bill had third reading. Councilmember Dieter made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10174-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and three (3) nays (Councilmember’s Gavin Ferlic, Valerie Schey, Dr. Fred Ferlic.) RESOLUTIONS RESOLUTION NO. 4197-12 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 508 & 512 WEST COLFAX 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 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: 11 REGULAR MEETING JULY 23, 2012 508 & 512 W. Colfax Avenue, South Bend, Indiana In order to permit a Special Exception Use to allow for a commercial parking lot. 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 Oliver Davis, 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. Mr. Mark Lyons, Assistant Zoning Administrator, St. Joseph County Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the reported from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner South Bend Heritage Foundation, Inc, is seeking a special exception to allow a commercial parking lot in a “MU” District. He stated that the Area Board of Zoning Appeals gave it a public hearing on June 6, 2012 and send this bill to the Common Council with a favorable recommendation. Mr. Marco Mariani, Executive Director, South Bend Heritage Foundation, Inc., made the presentation for this bill. Mr. Mariani advised that they are requesting a special exception use to allow for a commercial parking lot containing 22 parking spaces and 2 handicapped spaces (24) in total. He stated that they want to develop a parking lot at this location to support is parallel re-development of the nearby Rushton Building. The Rushton project will rehabilitate 23 senior housing units with funding received through Low Income Housing Tax Credits and Historic Preservation tax credits. The subject property at 512 West Colfax is just north of the Rushton Building. A Public Hearing was held on the Resolution at this time. 12 REGULAR MEETING JULY 23, 2012 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 Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO.32-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White 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. 33-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT-OF-WAY WEST OF 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. Fred Ferlic left the Council Chambers at this time. BILL NO. 34-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 709/711 LINCOLN WAY EAST, SOUTH BEND, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 35-12 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 AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATED AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Historic Preservation Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 13 REGULAR MEETING JULY 23, 2012 BILL NO. 36-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4.1 (4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES This bill had first reading. 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 August 13, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Henry Davis stated that he has received mailings regarding the City of South Bend bequeathing a parking lot to St. Joseph High School and wondered if this was something the Council would have to take under advisement. Council Attorney Kathleen Cekanski-Farrand stated that she was not aware of anything and if Councilmember Henry Davis, Jr. would share that information with her. Councilmember Dr. David Varner stated that he can confirm that he has received the mailing as well, but is not aware of anything that needs to come before the Council. Councilmember Henry Davis advised that he will not be in attendance at the next Redevelopment Commission Meeting. NEW BUSINESS BILL NO. 12-63 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7101 VORDEN PARKWAY AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR THE TIRE RACK, INC. Councilmember Varner made a motion to refer this bill to the Community & Economic Development Committee and set it for Public Hearing and Third Reading on August 13, 2012. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. REPORT FROM THE AREA PLAN COMMISSION: BILL NO. 22-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 14 REGULAR MEETING JULY 23, 2012 Councilmember White made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on August 13, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. PRIVILEGE OF THE FLOOR Samuel Brown, 222 E. Navarre, South Bend, Indiana, representing Citizen’s United for a Better Government, read a letter dated July 20, 2012 addressed to Mayor Pete Buttigieg nd and Dr. Fred Ferlic regarding a complaint filed by 2 District Councilmember Henry th Davis, Jr. against 4 District Councilmember Dr. Fred Ferlic and Interim Chief Hurley. A copy is on file with the Office of the City Clerk. Jesse Davis, 1333 E. Calvert, South Bend, Indiana, asked the Council to stay on top of the “Stilp” case. He also asked for a copy of the contract that the City has entered into with Gary Gilot. He would like to know just how much the city is paying him. Joseph Wolfing, 2405 Erskine Blvd., South Bend, Indiana, stated that the moral on the South Bend Police Department is low. He stated that it has been going on along time much before the demotion of Darryl Boykins. He stated that they need community involvement and faith based measures along with youth involvement and parental involvement to make a difference. He stated that he disagrees with Councilmember Henry Davis and his interview on firearms not being legally obtained. Greg Brown, 1238 Diamond Avenue, South Bend, Indiana, stated that he is part of the “God Squad” and for 20 weeks, they have been waling in the neighborhoods listening to the community to hear their concerns. He stated that they have many questions that need answers. He urged the Council to answer those questions. Terry Fine, 914 N. Brookfield, South Bend, Indiana, advised that he is a Pastor on Lincolnway West who has been meeting with leaders of the community who are coming up with comprehensive strategies to help the city. He applauds anyone who is trying to make a difference in the community. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:33 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 15