HomeMy WebLinkAbout09-10-12 Common Council Meeting Minutes
REGULAR MEETING SEPTEMBER 10, 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, September 10, 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
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Fred Ferlic 4 District
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David Varner 5 District
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Oliver J. Davis 6 District, Vice-President
Derek Dieter At-Large, President
Gavin Ferlic At-Large
Absent: 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 August 27, 2012 Meeting of the
Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion
which carried by a voice vote of eight (8) ayes.
SPECIAL BUSINESS
Sara Stewart, Executive Director, Unity Gardens advised that it’s a program that promotes both
volunteerism and healthy eating at the same time. She stated that the Unity Gardens project
began in the South Bend area in 2008. In 2008, Unity Gardens started with a single garden,
today there are a total of 48. Unity Gardens are located in neighborhoods and at schools, and
churches anyplace that volunteers are willing to come together to grow and harvest healthy food.
Ms. Stewart stated that while the Unity Gardens project has succeeded in eating up a lot more
space, what it really needs is more “time.” She stated that they grow food in a big way, with 48
Unity Gardens but in order to grow food all year round it’s time for us to get a greenhouse so that
way they could keep the people engaged in community gardens that are already engaged for the
season. She stated that plans call for a modest greenhouse to be built at the LaSalle Square Unity
Garden on South Bend’s west side. She stated that their funding comes from donations but right
now we have a unique opportunity because we’re in a contest on Facebook, a Chase Bank
contest. The Chase Bank Community Giving Facebook page will provide $5 million in grants to
community organizations across the country, but only those that get the highest number of online
votes. The top prize if $250,000 which would certainly create jobs and a self-sustaining way to
grow food. She stated that even last place receives $10,000, she stated that would give them
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enough to get the structures up and start growing. She stated voting started on September 6 and
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continues through September 19. She stated that the link to cast a vote for the Unity Gardens is
https://fb.chasegiving.com/charity/view/ein/27-0901122.
REPORTS OF CITY OFFICES
There were no reports from City Offices at this time.
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REGULAR MEETING SEPTEMBER 10, 2012
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:12 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the
Whole. Councilmember Tim Scott seconded the motion which carried by a voice vote of eight
(8) ayes. Councilmember Vice-President Oliver Davis, presiding.
Councilmember Vice-President Oliver Davis, 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 Vice-President Oliver Davis stated that a brochure may be found on the railing
in the Council Chambers explaining those procedures.
PUBLIC HEARINGS
BILL NO. 32-12 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1441 NORTH MICHIGAN
STREET AND WEST OF 1441 N. MICHIGAN
STREET, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
BILL NO. 33-12 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE RIGHT-OF-WAY WEST
AND ADJACENT TO 1441 NORTH MICHIGAN
STREET, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Varner made a motion to combine Bill Nos. 32-12 and 33-12 for purpose of
public hearing. Councilmember Dieter seconded the motion which carried by a voice vote of
eight (8) ayes.
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 these
substitute bills to the full Council with a favorable recommendation.
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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.
Ms. Nayder advised that the petitioner is requesting a zone change from SF2 Single Family and
Two Family District to U University District to allow uses associated with as college or
university, and parking.
On site are the former St. Joseph High School buildings, part of an existing parking lot and a
portion of the athletic fields. To the north is the Holy Cross College campus zoned U University
in the County. To the east, across SR 933 is the Notre Dame golf course zoned U University in
the County. To the south are a couple of office buildings zoned OB Office Buffer District and
single family homes zoned SF2 Single Family and Two Family District in the City. To the west
is additional parking, and athletic fields, pending rezoning to U University. The U: University
District is established to promote the development, expansion and modernization of a major
college or university campus, in which a diversity of uses, functions and facilities is necessary to
best perform the functions of a college or university and to permit appropriate uses necessary to
facilitate the highest level of education. The U District may also provide for a wide range of
commercial type uses which are accessory to or typically associated with a college or university
campus (e.g., bookstore, hotel, food sales and service, school supplies, personal services,
convenience stores and the like) and located on the campus. The parcel with the buildings is
5.73 acres. The school building is approximately 50,000 square feet, covering 20% of the site.
There are 111 parking spaces on the parcel with the building. The parcel to the west of the
access strip is 2.68 acres. It contains approximately 88 parking spaces and a portion of the
softball field. The immediate area around the intersection of Michigan and Angela has been
stable over the past several decades. In 1966 the southwest corner of Michigan and Angela was
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REGULAR MEETING SEPTEMBER 10, 2012
rezoned to C1 for a bank. More recently in 2002, the western half was rezoned to OB for a
dentist office. The property between Ostego and the abandoned railroad right-of-way was
rezoned to C1 for a bank. More recently in 2002, the western half was rezoned to OB for a
dentist office. The property between Ostego and the abandoned railroad right-of-way was
rezoned to OB in 1998 for a professional office after almost 30 years of being zoned for a
doctor’s office. SF 933 is a four lane State road with turning lanes at Angela. Angela is a two
lane street with left and right turning lanes. The site is served by municipal water and sewer The
City Engineer has no comments. The Building Commission requires that a Special Exception for
offsite parking be filed with the Board of Zoning Appeals. This petition is part of a four-petition
effort to convert the former St. Joseph High School to university-related uses. No commitments
are proposed. City Plan identities this area as institutional. The County’s future land use map
makes no specific recommendation for this property. There are no other plans in effect for this
area. This site has been used for educational purposes since the 1950’s. The area north of
Angela is used for university-related uses. The south side of Angela is almost exclusively
residential, with the exception of a few businesses at the southwest corner of Angela and
Michigan Street. The most desirable use is to maintain the institutional use and character of the
site. Since the improvements are existing, the rezoning should not affect neighboring properties.
It is responsible development and growth to allow the adaptive reuse of this site. 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 rezoning will allow the continued
use of this site for educational related uses, with no additional impact to the area.
Richard Deahl, Attorney, Barnes & Thornburg, LLP, 100 North Michigan Street, Suite 600,
South Bend, Indiana, and Mr. Tim Sexton,
Associate Vice President of Public Affairs with the
Notre Dame, Indiana made
University of Notre Dame with offices located at 405 Main Building,
the presentation for this bill.
Mr. Deahl and Mr. Sexton advised that this rezoning would provide flexibility to support the
development, expansion and modernization of college or university campuses, in which a
diversity of uses, functions and facilities are necessary, and permit the use of the former Saint
Joseph High School building as flexible administrative and other offices and laboratory and
research uses, as well as permit the use of the existing paved parking areas located West of the
building, as parking to serve the building as well as athletic fields and vacant property as
contemplated by Holy Cross and Notre Dame.
This being the time heretofore set for the Public Hearing on the above bills, 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
Bill Nos. 32-12 and 33-12, Councilmember Dieter made a motion for favorable recommendation
to full Council concerning Bill No. 32-12 as substituted. Councilmember Varner seconded the
motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter
made a motion for favorable recommendation to full Council concerning Bill No. 33-12 as
substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight
(8) ayes.
BILL NO. 34-12 PUBLIC HEARING 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
Councilmember Oliver Davis, Chairperson, Zoning & Annexation 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.
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Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building,
South Bend, Indiana, presented the report from the Commission.
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REGULAR MEETING SEPTEMBER 10, 2012
Ms. Nayder advised that the petitioner is requesting a zone change from MF1 Urban Corridor
Multifamily District to SF2 Single Family and Two Family District to allow a single family
home. On site is a two story, brick building. To the north are single family homes zoneF2
Single Family and To Family District. To the east is a vacant zoned MF 1 Urban Corridor
Multifamily District and a house zoned MU Mixed Use. To the South, across Lincolnway, is a
gas station, zoned CB Community Business District. To the west are several vacant homes,
zoned MF1 Urban Corridor Multifamily District. The SF2 Single Family Residential District is
established to protect, promote and maintain the development of single family dwellings and two
family dwellings in the urban core of the City of South Bend as well as to provide for limited
public and institutional uses that are compatible with an urban residential neighborhood. No site
plan is required when rezoning to a single family district. Prior to 2004, this block of
Lincolnway was zoned C Commercial, with the exception of the property directly to the west
being zoned B Residential (multifamily.) Lincolnway East has four lanes. The property also has
access from an alley to the north. The site will be serviced by municipal water and sewer. The
City Engineer had no comments. The staff commented that the property is located in the
Edgewater Place Local Historic District. The Historic Preservation Commission issued a
Certificate of Appropriateness for the removal of a back stair structure and replace it with a
single story wood pergola, landscaping, and minor masonry repairs. No commitments are
proposed. She noted that City Plan’s objective H2 is to maintain South Bend’s housing stock in
good condition, and Policy H2.1 is to provide incentives to renovate and repair older and historic
homes. The future land use map identifies property on Lincolnway as multi-family and mixed
use, and the properties on River and Edgewater Streets as single family. There are no other plans
in effect for this area. Along Lincolnway East is a mix of houses and businesses. Some of the
structures are in poor condition. The most desirable use is one that is compatible with the mix of
uses located in the area. The rehabilitation of this property may have a positive effect on
neighboring property values. It is responsible development and growth to encourage the
rehabilitation of a currently vacant building that is compatible with the character of the area.
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 conversion of this
property from multifamily to single family is compatible with the goals of City Plan, and the
Edgewater Place Local Historic District.
Mr. Eric Ford, 25952 Northland Crossing, Elkhart, Indiana, made the presentation for this bill.
Mr. Ford advised that he
purchased the property as a vacant apartment building. He stated that he
would like to renovate it to a single family home.
This being the time heretofore set for the Public Hearing on the above bills, 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 Scott seconded the motion which carried by a voice vote of
eight (8) ayes.
BILL NO. 40-12 PUBLIC HEARING ON A BILL TO VACATE
THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH/SOUTH ALLEY WEST OF
NOTRE DAME AVENUE FROM HOWARD
STREET SOUTH TO THE FIRST EAST/WEST
ALLEY FOR A DISTANCE OF 198 FEET AND A
WIDTH OF 14 FEET. SAID ALLEY IS PART OF
ND
SORIN’S 2 ADDITION TO THE CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA
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.
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REGULAR MEETING SEPTEMBER 10, 2012
Scott Kidder, 919 N. Notre Dame Avenue, South Bend, Indiana, made the presentation for this
bill.
Mr. Kidder advised that the purpose of the vacation of real property is to improve safety and
security for the residents who abut the alley.
This being the time heretofore set for the Public Hearing on the above bills, 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 Scott seconded the motion which carried by a voice vote of
eight (8) ayes.
BILL NO. 41-12 PUBLIC HEARING ON A BILL TO CORRECT
THE LEGAL DESCRIPTION IN ORDINANCE
10144-12, WHICH VACATED THE
FOLLOWING DESCRIBED PROPERTY:
SEVERAL ALLEYS, PORTIONS OF ALLEYS
AND PORTIONS OF DUEY STREET, BURNS
STREET, GEORGIANA STREET AND ST.
VINCENT STREET
Councilmember Gavin Ferlic disclosed that he owns property located in the Triangle Planned
Unit Development. After discussion with Council Attorney Kathleen Cekanski-Farrand it was
determined that no conflict exists.
Councilmember Fred Ferlic disclosed that he owns property located in the Triangle Planned Unit
Development. After discussion with Council Attorney Kathleen Cekanski-Farrand it was
determined that no conflict exists.
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.
Mike Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend,
Indiana, made the presentation for this bill.
Mr. Danch advised that on behalf of his clients, the Northeast Neighborhood Revitalization
Organization, they are asking for approval of a revised Street and Alley Vacation Ordinance for
the Triangle Planned Unit Development. He stated that the reason for this request is to fix a
scrivener’s error that was discovered in the original Street and Alley Vacation Ordinance. Mr.
Danch advised that the petitioners believe that approval of the revised Street and Alley Vacation
Ordinance will not have a detrimental effect on the adjacent properties located within this new
Planned United Development, as it will allow for the continued construction of approximately 53
homes.
This being the time heretofore set for the Public Hearing on the above bills, 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 Varner seconded the motion which carried by a voice vote
of eight (8) ayes.
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REGULAR MEETING SEPTEMBER 10, 2012
BILL NO. 45-12 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND INDIANA, FOR BUDGET TRANSFERS
FOR VARIOUS DEPARTMENTS WITHIN THE
CITY OF SOUTH BEND, INDIANA FOR THE
YEAR 2012
Councilmember Dieter made a motion to accept the substitute version of this bill.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes.
Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this
committee held a Public Hearing on this bill substitute bill this afternoon and voted to send it to
full Council with a favorable recommendation.
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Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana, made the presentation for this bill.
Mr. Neal advised that due to unforeseen conditions that have developed since the adoption of the
existing budgets which necessitate the increase and reduction of appropriation within the various
departments of the General Fund and other funds of the City of South Bend during 2012. Mr.
Neal advised that this bill would necessitate the increase and reduction of appropriations within
the various departments of the General Fund and other funds of the City of South Bend during
2012. He noted that the substitute bill was to include an account transfer of $546,651 in the
EMS Capital Fund 288 to cover replacement turnout gear for firefighters. He noted that this is a
request to transfer money between budgeted accounts in different expenditure categories in the
same fund as required by state budgeting law and not a request for an additional appropriation.
This being the time heretofore set for the Public Hearing on the above bills, 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 Scott seconded the motion which carried by a voice vote of
eight (8) ayes.
BILL NO. 46-12 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2012 OF $128,134 FROM
GENERAL FUND (#101), $163,000 FROM LAW
ENFORCEMENT CONTINUING EDUCATIONS
FUND (#220), $26,000 FROM LOSS RECOVERY
FUND (#227), $40,000 FROM HUMAN RIGHTS
GRANTS FUND (#258), $30,000 FROM POLICE
BLOCK GRANTS (#280), AND $60,000 FROM
POLICE DRUG ENFORCEMENT FUND (#299)
Councilmember Davis made a motion to accept the substitute version of this bill.
Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes.
Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this
committee held a Public Hearing on this bill substitute bill this afternoon and voted to send it to
full Council with a favorable recommendation.
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Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana, made the presentation for this bill.
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REGULAR MEETING SEPTEMBER 10, 2012
Mr. Neal advised that this bill would allow for the appropriation of additional funds for
operational and capital expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
This being the time heretofore set for the Public Hearing on the above bills, 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 Scott seconded the motion which carried by a voice vote of
eight (8) ayes.
BILL NO. 47-12 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2012 OF $490,400 FROM
WATER WORKS DEPRECIATION FUND (#622)
Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this
committee held a Public Hearing on this bill this afternoon and voted to send it to full Council
with a favorable recommendation.
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Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana, made the presentation for this bill.
Mr. Neal advised that this bill would appropriate additional funds for certain Departmental and
Enterprise Operations in 2012. He stated that the Council passed the 2012 operating and capital
budgets in 2011, which included expenditures for various City enterprise operations. He stated it
is now necessary for the City to effect provision of services to its citizens which were not
anticipated at the time the City budget was adopted.
This being the time heretofore set for the Public Hearing on the above bills, 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 Varner seconded the motion which carried by a voice vote
of eight (8) ayes.
RISE AND REPORT
Councilmember Varner made a motion to rise and report to the full Council. Councilmember
Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Oliver J. Davis, Vice-President
Committee of the Whole
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REGULAR MEETING SEPTEMBER 10, 2012
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 7:34 p.m. President Derek
Dieter presided with nine (9) members present.
BILLS - THIRD READING
ORDINANCE NO. 10179-12 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
1441 NORTH MICHIGAN STREET AND WEST
OF 1441 N. MICHIGAN STREET,
COUNCILMANIC DISTRICT NO. 4 IN THE
CITY OF SOUTH BEND, INDIANA
This bill had third reading. Councilmember Dieter made a motion to amend this bill as in the
Committee of the Whole. Councilmember Gavin Ferlic seconded the motion which carried by a
voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this
bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill
passed by a roll call vote of eight (8) ayes.
ORDINANCE NO. 10180-12 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
THE RIGHT-OF-WAY WEST AND ADJACENT
TO 1441 NORTH MICHIGAN STREET,
COUNCILMANIC DISTRICT NO. 4 IN THE
CITY OF SOUTH BEND, INDIANA
This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in
the Committee of the Whole. Councilmember Varner seconded the motion which carried by a
voice vote of eight (8) ayes. Additionally, Councilmember Oliver Davis made a motion to pass
this bill as amended. Councilmember Gavin Ferlic seconded the motion which carried. The bill
passed by a roll call vote of eight (8) ayes.
ORDINANCE NO. 10181-12 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill.
Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 10182-12 AN ORDINANCE TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
FIRST NORTH/SOUTH ALLEY WEST OF
NOTRE DAME AVENUE FROM HOWARD
STREET SOUTH TO THE FIRST EAST/WEST
ALLEY FOR A DISTANCE OF 198 FEET AND A
WIDTH OF 14 FEET. SAID ALLEY IS PART OF
ND
SORIN’S 2 ADDITION TO THE CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA
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REGULAR MEETING SEPTEMBER 10, 2012
This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill.
Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of
eight (8) ayes.
ORDINANCE NO. 10183-12 AN ORDINANCE TO CORRECT THE LEGAL
DESCRIPTION IN ORDINANCE 10144-12,
WHICH VACATED THE FOLLOWING
DESCRIBED PROPERTY: SEVERAL ALLEYS,
PORTIONS OF ALLEYS AND PORTIONS OF
DUEY STREET, BURNS STREET, GEORGIANA
STREET AND ST. VINCENT STREET
This bill had third reading. Councilmember Varner made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 10184-12 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND INDIANA,
FOR BUDGET TRANSFERS FOR VARIOUS
DEPARTMENTS WITHIN THE CITY OF
SOUTH BEND, INDIANA FOR THE YEAR 2012
This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in
the Committee of the Whole. Councilmember Varner seconded the motion which carried by a
voice vote of eight (8) ayes. Additionally, Councilmember Oliver Davis 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 eight (8) ayes.
ORDINANCE NO. 10185-12 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING ADDITIONAL FUNDS FOR
CERTAIN DEPARTMENTAL AND CITY
SERVICES OPERATIONS IN 2012 OF $128,134
FROM GENERAL FUND (#101), $163,000 FROM
LAW ENFORCEMENT CONTINUING
EDUCATIONS FUND (#220), $26,000 FROM
LOSS RECOVERY FUND (#227), $40,000 FROM
HUMAN RIGHTS GRANTS FUND (#258),
$30,000 FROM POLICE BLOCK GRANTS
(#280), AND $60,000 FROM POLICE DRUG
ENFORCEMENT FUND (#299)
This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill.
Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of
eight (8) ayes.
ORDINANCE NO. 10186-12 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING ADDITIONAL FUNDS FOR
CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2012 OF
$490,400 FROM WATER WORKS
DEPRECIATION FUND (#622)
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REGULAR MEETING SEPTEMBER 10, 2012
This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill.
Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of
eight (8) ayes.
RESOLUTIONS
RESOLUTION NO. 4201-12 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 1124 - 1130 NAPIER
ST. 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:
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: 1124 – 1130 Napier Street.
in order to permit a Special exception to allow an accessory parking lot.
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, subject to written commitments proposed by the Area Board of Zoning Appeals on
st
August 1, 2012 being properly recorded.
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REGULAR MEETING SEPTEMBER 10, 2012
SECTION V. The Resolution shall be in full force and effect from and after its adoption
by the Common Council.
Council Attorney Kathleen Cekanski-Farrand read into the record the proposed amendment to
this Resolution. She advised to insert at the end of Section IV. “subject to written commitments
st
proposed by the Area Board of Zoning Appeals on August 1, 2012 being properly recorded.
Councilmember Oliver Davis made a motion to accept the amendment as read by Council
Attorney Kathy Cekanski-Farrand. Councilmember Varner seconded the motion which carried
by a voice vote of eight (8) ayes.
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 as amended.
Mark Lyons, Assistance 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 for an accessory parking lot
in a “SF2” District. He stated that the Area Board of Zoning Appeals held a public hearing on
August 1, 2012 and sends it to the South Bend Common Council with a favorable
recommendation subject to a written commitment limited parking to the southern 35’ of the
property and should the petitioner fail to submit the written commitment the Board then
recommends an unfavorable recommendation.
Mr. Ed Richie, Army Navy Club, 1121 Western Avenue, South Bend, Indiana, made the
presentation for this bill.
Mr. Richie stated that he is seeking a Special Exception to allow an accessory parking lot in a
“SF2” District and a variance from the required hard surface to existing gravel & grass, on
property located at 1124, 1126 & 1130 Napier Street.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in opposition to
this Resolution. Councilmember Oliver Davis made a motion to adopt this Resolution as
amended. Councilmember Gavin Ferlic seconded the motion which carried and the Resolution
was adopted by a roll call vote of eight (8) ayes.
BILL NO. 12-66 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING AND ADOPTING THE HOWARD
PARK NEIGHBORHOOD MASTER PLAN
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 no recommendation.
Councilmember Varner made a motion to continue this bill until the September 24, 2012 meeting
of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote
of eight (8) ayes.
BILLS - FIRST READING
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REGULAR MEETING SEPTEMBER 10, 2012
BILL NO. 48-12 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED AT 6420 US 31 S. SOUTH BEND,
INDIANA 46614, COUNCILMANIC DISTRICT
#6 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 Scott seconded the motion which carried by a voice vote of
eight (8) ayes.
BILL NO. 49-12 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING,
ADOPTING AND APPROVING THE SOUTH
BEND` PUBLIC TRANSPORTATION
CORPORATION’S 2013 BUDGET AND
LEVYING THE TAX AND FIXING THE RATE
OF THE TAXATION FOR THE PURPOSE OF
RAISING REVENUE TO FUND THE SOUTH
BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA,
FOR THE FISCAL YEAR ENDING DECEMBER
31, 2013
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Personnel & Finance Committee and set it for Public Hearing and Third Reading on September
24, 2012. Councilmember Scott seconded the motion which carried by a voice vote of eight (8)
ayes.
BILL NO. 50-12 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 2222 WEST WASHINGTON,
COUNCILMANIC DISTRICT TWO (2) 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 eight (8) ayes.
BILL NO. 51-12 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 1243 & 1247 CAMPEAU,
COUNCILMANIC DISTRICT 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 Scott seconded the motion which carried by a voice vote of
eight (8) ayes.
UNFINISHED BUSINESS
Councilmember Oliver Davis asked if the Mayor and Mr. Wasserman will be meeting on the
search for a new Police Chief on September 19, 2012.
Councilmember Tim Scott stated that he has been working with the Mayor’s Office on Courtyard
Place Apartments. He stated that the apartments are in receivership. He advised that they are
down to approximately 1 call to police per day from approximately 3 calls per day.
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REGULAR MEETING SEPTEMBER 10, 2012
Councilmember Henry Davis advised that he has some concerns regarding the CSO project on
Elwood Avenue near LaSalle Academy. He stated that he has been in contact with Toy Villa,
from the Engineering on some of the safety concerns. He stated that they are still missing curbs
and sidewalks and would like to have an estimated date of completion.
NEW BUSINESS
Councilmember Henry Davis, Jr. petitioned the Council to launch an investigation into the
Ja’had Vasquez and Michael Anderson cases. He stated that he wants to make sure that all
police procedures were followed.
Council President Dieter asked Councilmember Henry Davis, Jr. to send a letter to Council
Attorney Kathleen Cekanski-Farrand addressing his concerns. He stated that then it could be
forwarded to the Health and Public Safety Committee.
Councilmember Oliver Davis invited everyone to attend the Rum Village Neighborhood
Association Meet & Greet on Saturday, September 15, 2012 from 1:00 p.m. until 5:00 p.m. at
Walker Field.
Council President Dieter advised that the Silver Hawks will host a town hall meeting at 6 p.m.
Tuesday at the Kroc Center, 900 W. Western Ave., for the public to ask questions, provide
feedback and offer suggestions for additional improvements at the ballpark. The event is free and
open to everyone.
PRIVILEGE OF THE FLOOR
Jesse Davis, 1333 Calvert, South Bend, Indiana, stated that he has couple of issues, wearing a
box today. We brought a few boxes today symbolizing our concerns that our Mayor who was
elected to handle business here in the city, receives a box from an important place like the
Department of Justice and basically says hum this might be tapes, not sure can you go put this
away somewhere, I will look at them later. He stated that they hear through the news media that
there was no correspondence with this box no letters and then all of sudden we hear that the
Department of Justice not only sent a fax which could in fact could get lost in the phone lines but
sent an e-mail. He stated that he would be real curious for an IT person to look at Mr.
Buttigieg’s computer and Ms. DeRose’s computer and find out if that e-mail did in fact arrive.
Was it opened, and was it deleted by someone? If so, who. He stated that he has been told
within the box that they cannot open, you might find a copy of that same letter, but since our
Mayor fails to do his job an open that he doesn’t know if it’s a letter regarding the tapes or
maybe it could be some information that the DOJ knows that there might be a terrorist attack
coming. We won’t know that until after it happens because guess what this box is in a safety
deposit box and Mayor doesn’t know where it is at. He stated that he has a big problem with
these types of things going on in the city and the Mayor decides hey lets me and my people take
off and go to North Carolina for a vacation at the Democratic Convention. So, you try to contact
the Mayor and you cannot get a hold of him but you can get ahold of Mr. Schmuhl, and who is
running our city, who is taking care of things when they are here. Getting back to the issue on
things going on within the Police Department and what is on these tapes. He stated that he hears
Mr. Corbett and guesses on the day that two people were shot and killed on Olive St. had a
confrontation, a verbal confrontation over the phone with a dispatcher. He guesses he used some
pretty bad language and you know said some things to this poor woman that should even be said
to another man. He asked a few questions to people on what is going to happen because of Mr.
Corbett acting this way once again, and he was told today, that basically that he was on duty, he
was doing his job and that there wouldn’t be anything done about it. He stated that he has a little
problem with that. He stated to him it doesn’t matter who is on the job, that man should be
respectful to everyone, not only citizens, but especially co-workers that he has to work with.
This conversation was also recorded. He would like to know if they can get a copy of that
recording.
Dale Anderson, 719 W. Ewing, South Bend, Indiana, stated that he is Michael Anderson’s dad
and stated that he has some concerns with this administration, police department, prosecutor’s
office, and how one day you can get on the TV and say that Mr. Anderson died by accident and
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REGULAR MEETING SEPTEMBER 10, 2012
this so called straw does not exist, this so called does not exist, and he died choking on a bag of
marijuana. Then three weeks later you have a press conference where he and other people were
here and they changed the whole story. He wasn’t even under arrest, you had an hour long
meeting showing his autopsy pictures which seemed like that violates his civil rights even though
he is not even alive, but it violates his civil rights that was his son, showing his insides or what
not. Then all of a sudden they admit there was a straw, and there was a, but hey if I was choking
it wouldn’t matter what somebody stuck down my mouth just as long as it helped me, but it
didn’t help, it hurt and made the situation worst that’s the case. So that is bringing him some
concerns and it seems like you guys would want to know the truth about what really happened
cause the community does and as much as he likes you, he is tired of coming down here and
seeing your face, but he will be back and be back until something gets done. He stated that he
agrees with Mr. Davis, that if you all can agree to agree to get together so we can find out what
the truth is, so we can put this to bed.
Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, South Bend Indiana is not a dying city,
it’s a lying city. How did Michael Anderson die? What South Bend Police officer used this
straw? Was it really marijuana or cocaine? Why can’t we hear or see the video and audio from
Calvert Street? Don’t their chest mic’s record when their lights are turned on, why did it take
South Bend Police so long to admit that they used that straw? If this case is truly closed why
hasn’t Mr. Anderson’s personal property and belongings be released from Metro Homicide? If
all these questions can’t be answered why is this case closed. He stated that he stands here
because he is concerned about the community. Mr. Anderson is gone and his parents are here
and they need some answers. Why is this case closed, this is a straw from 7-11 that was stuffed
down his throat, it comes with a toy on it, the toy was taken off, and this was stuck down his
throat. He doesn’t know any doctor, Dr. Ferlic you are up there, if I begin to choke, who would
put this down my throat to try to save him. Accidents happen, he works as a foreman, a
supervisor accidents happen. If after the case is closed it comes out to say this straw was used.
Now how do we rest this case, do we come and say it was an accident, but we look at Mr.
Corbett over at homicide and he tells the family well it wasn’t marijuana, now its cocaine. But
you have the reports the autopsy reports, we have all this equipment, that we have asked the City
Council board to give money for to record but we can’t hear the recordings. Our Mayor sits back
here and he don’t want to open the box, you are either a thoroughbred or a loaf of bread, if you
couldn’t handle that office, get out of the office. He stated that he is about business, he came
here for a reason, he didn’t come here it’s not about show, it’s about concern. This community is
tore up. He stated that he lives in the community, he sees the community, he preaches in the
community, he walks in this community, and if all these questions can’t be answered then there
is no way that this case should be closed. He stated that they came as people to stand concerned
and has told this Council board and going to continue to tell you it’s not a black thing, it’s not a
white thing, it’s a right thing. And if we can’t wake you up, we are going to shake you up.
Christine Jacobs 52940 Camellia Drive, South Bend, Indiana, thanked the Council for all they
have done so far. On the other hand they are quite tired of the issue involving the tapes and all
the unanswered questions they have asked in regard to Mr. Michael Anderson’s death being
ignored. At this particular time they would all like to know what steps that the board is going to
make in building South Bend, Indiana toward a new concept. She stated that they would like to
see transparency, honesty, loyalty, unity and dedication put back in our city. She stated that at
the beginning of every Council Meeting the Pledge of Allegiance and at the end of the pledge it
says “with liberty and justice for all.” She stated where is the justice? She stated that where
there is no justice, there’s no peace.
Mr. Samuel Brown, 222 E. Navarre, South Bend, Indiana, stated that he is representing Citizen’s
United for a Better Government. He stated that they come down here every week. He stated that
he got his box back from the Department of Justice and he was afraid to open it too, so what he
had done was to have it x-rayed. There was a letter inside.
Ms. Stephanie Jones, 4224 Irish Hills Drive, South Bend, Indiana, stated that she is here because
her son Jihad Vasquez, this Friday, it will be 17 months since she lost her son to apparent suicide
from a hanging off an electric tower here in South Bend, Indiana, after getting into a fight with
two white boys at Penn High School. She stated that she thinks a special investigation does need
to be done, because it did involve a fight, it did involve Penn High School. She stated that it
could be foul play, she doesn’t know, but what she does know when she went to view her son’s
body, she said they said her son hung himself with; it does not match with the marks on his neck.
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REGULAR MEETING SEPTEMBER 10, 2012
She stated that she is here for justice and she needs peace for her and her family the Jones-
Vasquez family. She stated that her son was a loving person, he loved everybody, and he had
lots of friend. She asked how can her child take his life after six weeks from coming from
Tennessee, where they have over 300,000 kids gathering together to serve God. She stated that
she needs justice. She stated that she was told that she couldn’t see the pictures. She stated that
any parent should be able to see the pictures, to make sure they are not covering up anything.
John Kenney, no address given, stated that there needs to be an investigation about this because
it was just ridiculous what she had to go through about her son. No investigation, they ruled that
he killed himself that was ridiculous. He stated that he is not here to condemn anybody, he just
wants an investigation about this thing, and somebody killed this boy. Penn High School needs
investigating; this is some real ugly stuff. He stated that if it was one of the Councilmember’s
kids, you would be out here beating the drums down, finding out what is going on. He stated
that he did not kill himself that was a lie, he stated that he is no preacher, but he is a man of God,
so if it was your kids you would be out there tearing the streets up, finding out what is going on.
This is crazy. He reiterated that he is not here to condemn anyone; he just believes that an
investigation is needed and something needs to be done.
Thomas Bush, 1778 Prairie Avenue, South Bend, Indiana, asked if the case is closed at Metro,
why the personal property can’t be returned to the victim’s family.
Lawrence Grant, 721 E. Dubail, South Bend, Indiana, stated regarding the box with some tapes,
returned by the Department of Justice, didn’t find any wrong doing under United State Code 42
Subsection 14141. Since that has been found he believes that there has violations by the
administration of the City of South Bend under U.S. Code 18 Subsection 241-242 and he
believes that unfortunately seems to be some wrong doing by the South Bend Police Department.
In reference to United State Code 42, Subsection 2000 (d) esq. U.S. Code 42 3789 (d) This might
need to be address it all pertains to the same situation, dealing with the so called “tapes.” He
stated that he is leaving it at that because it is the same good old boys system going on in the
City of South Bend. He stated that he is not going to get into the Mr. Wasserman thing. This
needs to be addressed or there will be filings done on behalf of the citizens of the City of South
Bend, Indiana, and will be exercising Art. 6 Sec. 7-8.
Shana Penn, P. O. Box 274, Mishawaka, Indiana, stated that she has copies for you guys. There
was a press conference that happened a couple, a week before last. Ken Cotter actually
presented it, but he made some statements in there, because he follows facts, that she is here to
dispute. She stated that she has copies for you and you too Mayor. She stated excerpts from this
as she understands that there are a total of three tapes pertaining to Mr. Anderson. These are the
video tapes that she requested, the dash cams, every time the lights come on, you know they start
recording, well the street was lit up that night, so she doesn’t know how they have three. Now,
this came from your City Attorney, your interim City Attorney, and Mayor. The officers who
wrote the report, in this case were following: Jeff Walters, Jeff Rynearson, Jeff Ransbeger, Tim
Lancaster and Jamil Elwaer, their rank and titles are attached. A total of fourteen (14) officers
were on the scene, excluding Metro Homicide, are not within South Bend jurisdiction. None, but
the five (5) mentioned wrote reports. Well, can you ask Mr. Cotter why he put up five (5) names
on that board that did not match anyone of those names? Skibins was the one that the taser was
his, why didn’t he fill out a report. There are problems here in this case. She is begging to
please do something, have a meeting, do whatever you need to do, get this man, out of office,
because nothing is going to happen when he is sitting in office protecting them. This is a letter
that came from your City Attorney; she said these five (5) names are the ones that filled out the
reports. So either your City Attorney committed perjury or lied, whatever, or Ken Cotter is a
liar. Figure it out, here is your proof.
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REGULAR MEETING SEPTEMBER 10, 2012
ADJOURNMENT
There being no further business to come before the Council, President Derek D. Dieter adjourned
the meeting at 8:48 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Derek D. Dieter, President
16