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HomeMy WebLinkAbout01-28-13 Common Council Meeting Minutes REGULAR MEETING JANUARY 28, 2013 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, January 28, 2013 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 Oliver J. Davis 6 District, Vice-President th David Varner 5 District 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 White made a motion that the minutes of the January 14, 2013, 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 Council President Dieter announced that the South Bend Common Council is accepting applications for citizen members for its 2013 Standing Committees. He also announced that there are openings for the Century Center Board of Managers; Historic Preservation Commission; Human Rights Commission; Redevelopment Commission and Urban Enterprise Association. He advised that applications may be found on-line on the Council’s website and in th the Office of the City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Applications are to be filed in the Clerk’s Office by January 31, 2013. REPORT ON THE MUSIC VILLAGE FROM KELLIRAE BOANN Kellirae Boann, The Music Village, The JMS Building, 108 N. Main Street, Suite 113, South Bend, Indiana, presented a PowerPoint on the Music Village Downtown South Bend. Ms. Boann touched on the basics of The Music Village providing group lessons for adults and children, instruments and voice, guitar, piano, banjo, hammered dulcimer, viola, violin, bass, vocal performance; Dance, Latin, Spanish, Ballroom, Swing, and Hip Hop; and for the little ones, music play, improve and rhythm & movement. She encouraged everyone to check them out on- line at themusicvillage.org or call 574-245 (SONG) 7664. Ms. Boann also noted that they are always accepting donations of instruments and office equipment and supplies. She thanked the Council for this opportunity to speak and get the word out on the Music Village Downtown South Bend. 1 REGULAR MEETING JANUARY 28, 2013 Council President Dieter announced that the South Bend Common Council will host a meet & greet to welcome new South Bend Police Chief Ronald Teachman from 7 to 8 p.m., Thursday, February 7, 201 at the Kroc Center, 900 W. Western Avenue. The public is welcome to attend. Councilmember Oliver Davis announced that the Public Works & Property Vacation Committee will continue discussion on the groundwater issues and concerns near the former New Energy (Ethanol) Plant on Thursday, February 7, 2013 at the Rum Village Nature Center, 2626 South Gertrude, South Bend, Indiana. RESOLUTION NO. 4232-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE WEEK OF FEBRUARY 4, 2013 AS NATIONAL SCHOOL COUNSELING WEEK IN SOUTH BEND, INDIANA Whereas, the South Bend Common Council recognizes that school counselors are employed in public and private schools to help students reach their full potential ; and Whereas, school counselors are actively committed to helping students explore their abilities, strengths, interest and talents as these traits relate to career awareness and development; and Whereas, school counselors help parents focus on ways to further the educational, personal and social growth of their children; and Whereas, school counselors work closely with teachers and other educators to help students explore their individual potentials and set realistic goals for themselves; and Whereas, school counselors seek to identify and utilize community resources that can enhance and complement comprehensive school counseling programs and help students become productive members of society; and Whereas, comprehensive developmental school counseling programs are considered an integral part of the educational process that enable all students to achieve success in school. Now, Therefore, be it Resolved, by the Common Council of the City of South Bend, Indiana as follows: Section I. The Common Council of the City of South Bend, Indiana, believes now more than ever in light of the many challenges facing our educational school systems – from funding to safety, that key individuals which can and will continue to contribute to positive youth engagement are the critical role which school counselors have day in and day out. Section II. The Council therefore declares that the week of February 4, 2013 as “National School Counseling Week” in South Bend, Indiana, and thanks all school counselors for their many contributions aimed at the betterment of our youth. 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 2 REGULAR MEETING JANUARY 28, 2013 Councilmember White made the presentation for this Resolution by reading it in its entirety and presenting it Dr. Yvonne Larrier, Counseling & Human Services, IUSB. 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. Dr. Larrier thanked the Council for this honor. She stated that in light of the many challenges facing our educational school systems, there are many school counselors who can and will continue to contribute to positive youth engagement and critical role involvement day in and day out. Mr. Huey Scobey, P. O. Box 3594, South Bend, Indiana, thanked the Council for this recognition. Ms. Candice Clark, 2141 Hollywood Place, South Bend, Indiana, thanked all the school counselors who aim to help the betterment of our youth. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. REPORTS OF CITY OFFICES UPDATE MAYOR PETE BUTTIGIEG Mayor Buttigieg advised that the City recognized Dr. Martin Luther King Jr., as a city holiday and the annual breakfast and march went very well. He also noted that the South Bend Fire Department was recognized for zero fire fatalities last year. He stated that he believes it was due to good preparation and fire awareness. He stated that the new Fire Safety House a simulation for school children is now available and ready for demonstration. Mayor Buttigieg stated that he has joined Mayor’s Against Illegal Guns. It is an opportunity for Mayor’s across the country to voice their concerns against the growing problem of illegal guns. Mayor Buttigieg recognized that it is Winter Restaurant Week in Downtown South Bend. He encourage all to stop by the local restaurants and take advantage of their special pricing for breakfast, lunch and dinner. He noted that he will be performing Rhapsody in Blue with the South Bend Symphony, Saturday, February 16, 2013 at 8:00 p.m. at the Morris Performing Arts Center. Mayor Buttigieg advised that the swearing in of New Police Chief Ron Teachman will take place on Wednesday, February 6, 2013 at 1:30 at South Bend Police Headquarters. He also noted that the new Director of th Streets Paul South will start next week. Mayor Buttigieg recognized that it is the 100 year of basketball in South Bend and noted that it will be recognized at the Clay/Adams game this week. Mayor Buttigieg thanked the Council and looks forward to meeting with Council Officers on a regular basis. Mayor Buttigieg thanked Councilmember Oliver Davis, for his hard work and hosting meetings at the Rum Village Nature Center for residents in the Rum Village Area who are experiencing water and flooding issues near and around the New Energy (Ethanol Plant.) Mayor Buttigieg advised that the Vacant & Abandoned Housing Task Force will be releasing their report for the Council to review. He stated that he would like to have responses from the Council before releasing the report. Mayor Buttigieg stated that the City’s IT Department is working on translation keys for the City’s new website. Mayor Buttigieg noted that at the February 11, 2013 meeting of the Council he will present his annual financial report as required by code. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:43 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. 3 REGULAR MEETING JANUARY 28, 2013 Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 02-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CALVERT STREET FROM WEBSTER STREET TO KEMBLE AVENUE. BEING 80 FOOT IN WIDTH AND 1248.5 FEET IN LENGTH Councilmember Dieter made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine ayes. Councilmember Oliver Davis, 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 substitute bill to the full council with a favorable recommendation. Mr. James Lietzan, DLZ, 2211 E. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill on behalf of the petitioner the City of South Bend Board of Public Works. Mr. Lietzan advised that the purpose of the vacation of the real property is to remove unimproved Calvert Street and provide a contiguous site for the forthcoming improvements to the Indiana National Guard site. It is in the interest of the City of South Bend and the Indiana National Guard to vacate this property. 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. 03-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160.39’ OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE Councilmember Oliver Davis, 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. Roger Nawrot, Abonmarche Consultants, Inc., 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of petitioner, River Race Townhomes, LLC. Mr. Nawrot advised that the purpose of this bill is to vacate excess un-needed public right-of- way of Niles Avenue for use by the adjacent property owner for future residential and commercial redevelopment. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 4 REGULAR MEETING JANUARY 28, 2013 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 nine (9) ayes. BILL NO. 04-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT-OF-WAY OF INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET Councilmember Oliver Davis, 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. Michael Danch, President, Danch, Harner and Associates 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners the City of South Bend Redevelopment Department and MM Vance LLC. Mr. Danch advised that his clients are requesting the approval of a partial street vacation for a portion of Indiana Avenue adjacent to 1531 Kemble Street, South Bend, Indiana. This requested vacation would allow for the reconfiguration of the Kemble Street property by adding additional land to the site. It will also allow for a reconfiguration of the dedicated right-of-way for the north side of Indiana Avenue. The intent is to place all existing street improvements into a dedicated right-of-way. Once the Street Vacation is approved, a Subdivision Replat would be approved to create a single larger legal lot of record for the property owner. 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 Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 05-13 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 Councilmember Oliver Davis, 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. James Lietzan, DLZ, 2211 E. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill on behalf of the petitioner Beacon Health System. Mr. Lietzan advised that Beacon Health System is seeking the vacation of the real property to enhance the parking areas for the hospital staff and visitors. He stated that the vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 5 REGULAR MEETING JANUARY 28, 2013 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 nine (9) ayes. BILL NO. 01-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY OF SOUTH BEND’S ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. th Aladean DeRose, Interim-City Attorney, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that this bill would approve the City’s Transition Plan under the Americans with Disabilities Act (ADA) for Pedestrian Facilities in the Public Right of Way. She stated that this transition plan describes how the City of South Bend intends to remove barriers for disabled persons who enter or are within the public right of way. She noted that the City is also in the process of taking an inventory of the City’s buildings open to the public for City services, and will be preparing and Addendum or separate Transition plan for that within the next year. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.06-13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 Councilmember Varner, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation on this bill. Mr. Neal advised that the salary ordinance passed fixing maximum salaries and wages for calendar year 2013 contained an uncorrected mathematical error from the 2012 salary ordinance. In order to establish the proper maximum salary for the Financial Specialist IV position the attached Ordinance has been prepared. The mathematical error occurred when the prior year’s 2.0% increase was calculated on $40,258 rather than the established salary maximum of $42,058. The 2012 maximum salary should have been set at $42,899 and the 2013 maximum salary should have been set at $43,757. 6 REGULAR MEETING JANUARY 28, 2013 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. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:02 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10215-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CALVERT STREET FROM WEBSTER STREET TO KEMBLE AVENUE. BEING 80 FOOT IN WIDTH AND 1248.5 FEET IN LENGTH This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember White 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. 10216-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160.39’ OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 7 REGULAR MEETING JANUARY 28, 2013 ORDINANCE NO. 10217-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT- OF-WAY OF INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10218-13 AN ORDINANCE 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 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. 10219-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY OF SOUTH BEND’S ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10220-13 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4233-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE CENTURY CENTER BOARD OF MANAGERS PUBLICLY DISCUSS THE AECOM REPORT AND THEN PREPARE REQUESTS FOR PROPOSALS WHICH TRULY REFLECT THE BEST INTERESTS OF THE CITY OF SOUTH BEND FOR THE MANAGEMENT OF THE CENTURY CENTER Whereas, on April 10, 1973, the South Bend Common Council passed Ordinance No. 5504-73, which was signed into law by then South Bend Mayor Jerry J. Miller, which established a Civic Center Authority for the “development of a Civic Center…” ; and 8 REGULAR MEETING JANUARY 28, 2013 Whereas, the 1973 ordinance noted that the “Civic Center would enhance the participation potential of the community and compliment the industrial, commercial and academic growth of the South Bend Metropolitan Area…[with] the City of South Bend desire to establish an authority to maintain, control and operate said Civic Center…”; and Whereas, the 1973 ordinance further called for the initial 9-member board to have “not more than five of whom shall be members of one political party, who shall be representatives of…” the Mayor’s five (5) appointments including one (1) Hotel-Motel Tax Board representative, two (2) “Michiana Area” residents, one (1) “South Bend resident”, and one (1) representative for the South Bend Community School Corporation; and the Common Council’s four (4) representing one (1) from the Parks and Recreation Board, one (1) representing the Industrial Museum, one (1) representing the South Bend Art Center, and one (1) representing the Michiana Arts and Sciences Council [Section I of Ordinance]; and Whereas, the 1973 ordinance creating the Civic Center Authority further provided that the Authority was to “…submit an annual budget to the Common Council in the same manner as city departments” [Section IV of Ordinance] Whereas, on October 11, 1982, as part of the requirements of Indiana Code § 36-4-9-4, Ordinance No. 7108-82 was passed by the Common Council which formally amended the South Bend Municipal Code by establishing the executive department and other administration functions which the City “considers necessary to perform efficiently the administrative functions required to fulfill the needs of the City’s citizens” which specifically included the continuance of the South Bend Civic Center Board of Managers pursuant to Indiana Code § 36-10-2-5; Whereas, in late 2006, Global Spectrum, the Philadelphia-based company was hired to manage the Century Center; and in February of 2011 their General Manager resigned with a replacement General Manager being hired thereafter; and Whereas, in December of 2012 the Century Center Board of Managers, City Administration and the Common Council received a copy of the report issued by the Chicago- based AECOM Technical Services which was paid for by redevelopment monies to study the economic impact of the Century Center compared to similar convention centers having similar demographics as well as to review the overall management of the Century Center; and Whereas, as of this date, neither the Century Center Board of Managers or the Common Council have publicly discussed the information set forth in the AECOM Report which noted among other things that the Century Center holds a low number of convention and trade shows compared to other facilities; and Whereas, South Bend Municipal Code § 2-10 (i) specifically authorizes the Council’s Parks, Arts, Recreation and Culture Committee to oversee “…the various activities of the Century Center…” and further provides that the Council’s Personnel and Finance Committee oversee various fiscal matters of the city. Now, Therefore, be it Resolved, by the Common Council of the City of South Bend, Indiana as follows: Section I. The Common Council of the City of South Bend, Indiana, notes that the current contract with Global Spectrum expires on June 30, 2013. Section II. The Council believes that public dialogue needs to take place on developing requests for proposals (RFP) which truly reflect best practices for managing civic centers, which is open, responsible to our citizens and transparent. Furthermore, the pros and cons of developing RFPs which would permit interested parties a variety of efficient management styles including but not limited to in-house management would be in the greater good of our City. 9 REGULAR MEETING JANUARY 28, 2013 Section III. The Common Council recommends that the City Administration, Century Center Board of Managers and the Board of Public Works consider the must following proposed schedule to facilitate greater transparency, inclusiveness and dialogue:  That by February 13, 2013, the Century Center Board of Managers complete their review and recommendations on the proposed RFPs, with the Council appointments to said Board reflecting the positions of a majority of the Common Council, or at a sooner scheduled meeting.  That by February 19, 2013, the Board of Public Works publish the final version of the RFPs Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Henry Davis, Jr., nd 2 District Council Member Councilmember Varner made a motion to amend this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Henry Davis, Jr., Chairperson, PARCS 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 Henry Davis, Jr., made the presentation for this bill. He advised that since 1973, the Common Council has played a pivotal role in the development of a civic center which would be an economic catalyst in the City of South Bend. He noted the 1973 ordinance “The Civic Center would enhance the participation potential of the community and compliment the industrial, commercial and academic growth of the South Bend Metropolitan Area” He stated that as a result of the vision, hard-work, and leadership of the individuals involved in creating a civic center in downtown South Bend, millions of dollars in revenues have been brought into our city. In light of Redevelopment Commission dollars being used to pay for a study to measure the economic impact of the Century Center and to study how it is management, it is perplexing why the AECOM study has not been publicly discussed. Additional concerns have been raised at what appears to be a rush to have the Century Center Board of Managers publish RFP’s for the future management of the Century Center, without even discussing the report. The City of South Bend, especially during these challenging economic times need to be much more open and transparent when public dollars are involved. He stated that he has sponsored this bill to formally trigger these discussions so that informed decisions which reflect the best interest of the City of South Bend are made. 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 Schey made a motion to adopt the amended version of this bill. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Gavin Ferlic.) RESOLUTION NO. 4234-13 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 127 W. WASHINGTON STREET, SOUTH BEND, INDIANA 10 REGULAR MEETING JANUARY 28, 2013 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: 127 W. Washington Street, South Bend, Indiana in order to permit: A special exception for tattooing and body piercing at the above address. 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 11 REGULAR MEETING JANUARY 28, 2013 Councilmember Dr. Fred Ferlic, 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. Mr. Mark Lyons, Administrative Zoning Administrator, St. Joseph County Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a tattoo, body piercing establishment in a CBD” District, on property located at 127 W. Washington Street. Mr. Lyons noted that the Area Board of Zoning Appeals held a public hearing on December 5, 2012, and sends it to the Common Council with a favorable recommendation. Mr. David Martin, 127 W. Washington Street, South Bend, Indiana, made the presentation for this bill. Mr. Martin advised that he is seeking a special exception to allow a tattoo, body piercing establishment to be operated in the Central Business District. He stated that he is the owner of Bicycle Gallery and that what he would like to do is expand the scope of his business to include tattooing and piercing. He stated that his goals are to expand and build on the art scene in South Bend. He stated that he would like to be on the cutting edge for art in downtown South Bend. Mr. Martin advised that he has been tattooing since 1996 and has been tattooing in this area and that he is one of the foremost tattoo artist in Indiana and draw clientele nationally. He stated that he has been licensed in the county and has always been in good standing. Mr. Martin advised that the tattooing and body piercing portion of the business would not be visible from the street or gallery, and that no one under the age of 18 would be considered for a tattoo. He asked the Council for their favorable consideration. A Public Hearing was held on the Resolution at this time. There were thirteen individuals who spoke in favor of this bill. There was no one present wishing to speak in opposition to this bill. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-08 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 1107 MISHAWAKA AVE.,SOUTH BEND, INDIANA Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation 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 no recommendation. There was no presenter in attendance. Councilmember Oliver Davis made a motion to defeat this bill. Councilmember Karen White seconded the motion which carried. The bill was defeated by a roll call vote of nine (9) ayes. RESOLUTION NO. 4235-13 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 819 OAK ST. 12 REGULAR MEETING JANUARY 28, 2013 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: 819 Oak St. in order to permit: Single Family Home in a “MF1” District 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 13 REGULAR MEETING JANUARY 28, 2013 Councilmember Dr. Fred Ferlic, 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. Mr. Mark Lyons, Assistant Zoning Administrator, St. Joseph County Building Department, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a single family home in a “MF” 1 District for property located at 819 Oak Street. Mr. Lyons advised that the Area Board of Zoning Appeals held a public hearing on December 5, 2012 and send this bill to the Common Council with a favorable recommendation. Ms. Ann Mannix, 724 W. Washington Street, South Bend, Indiana, made the presentation for this bill. Ms. Mannix advised that she is working in a public/private partnership with South Bend Heritage, seeking a special exception for 810 Oak Street. This vacant and abandoned house scheduled for demolition was acquired by Mrs. Mannix who partnered with South Bend Heritage to access funds for demolition and construction of a single-family home on the 37’ wide lot. The lot presently zoned multi-family needed to be changed to single-family. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4236-13 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 212, 214, 214 ½ AND 216 S. MICHIGAN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the 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: 212, 214, 214 ½ and 216 S. Michigan Street in order to permit a special exception use to manufacture food products in a “CBD” District 14 REGULAR MEETING JANUARY 28, 2013 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 Dr. Fred Ferlic, 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. Mr. Andrew Elegante, General Manager, South Bend Brew Works, 128 S. Scott St. Apt. 6, South Bend, Indiana, made the presentation for this bill. Mr. Elegante advised that South Bend Brew Works is a beer and wine making supply store located at 216 S. Michigan Street. He stated that the plan is to brew craft beer in the basement of the store and then serve it in a taproom upstairs. He stated that the pub also would serve locally sourced food and nonalcoholic sodas. Mr. Elegante stated that the ultimate goal is to restore the former Old State Theatre and turn it into a downtown destination for arts and entertainment. Mr. Elegante asked the Council for their favorable consideration. He noted that if this bill is adopted that one of their first beers is going to be called “Nine Ayes.” A Public Hearing was held on the Resolution at this time. Councilmember Dr. David Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 REGULAR MEETING JANUARY 28, 2013 RESOLUTION NO. 4237-13 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 323 ST. LOUIS STREET, 325 ST. LOUIS STREET, 327 ST. LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET, ALL IN SOUTH BEND, INDIANA AND REPEALING RESOLUTION 4104-11 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: (323 St. Louis Street, 325 St. Louis Street, 327 St. Louis Street, 618 Madison Street and 336 Hill Street, all in South Bend, Indiana) in order to permit: The approval of a Special Exception to allow for off-site parking lot for properties located at 323 St. Louis Street, 325 St. Louis Street, 327 St. Louis Street, 618 Madison Street and 336 Hill Street all in South Bend, Indiana per Section 21-03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site4 Parking) and approval of a Special Exception to allow for an Accessory Use under Section 21-02.11(b)(2)(B)(3) of the City of South Bend, Zoning Ordinance to allow for a Storage Trailer for a Two (2) Year period of time. 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 16 REGULAR MEETING JANUARY 28, 2013 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. Upon the adoption of this Resolution, Resolution No. 4104-11, adopted by the Common Council on May 23, 2011 shall be repealed. SECTION VI. 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 Dr. Fred Ferlic, 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. Mr. Michael Danch, President, Danch, Harner & Associates, Inc., made the presentation for this bill on behalf of his client Diocese of Ft. Wayne-South Bend. Mr. Danch advised that his clients are requesting the approval of two (2) special exceptions uses for their properties located at 327, 333, and 325 St. Louis and 336 Hill Street and 618 Madison Street. He stated that these special exception uses will allow the petitioned properties to be used for off-site parking and for an equipment storage trailer for the new St. Joseph High School Campus to be built on North Notre Dame Avenue. Mr. Danch stated that they believe this special exception would fit with the existing mix of land uses located in the Northeast neighborhood area. 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 Dr. David Varner, made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4238-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, L.P. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area located at 5231 Dylan Drive and which is more particularly described as follows: 025-1009-014605 17 REGULAR MEETING JANUARY 28, 2013 A part of the northwest quarter of section 17 and the northeast quarter of section 18, township 38 north, range 2 east, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the northwest corner of the northwest quarter of section 17, said corner being marked by a harrison type monument; thence south 00 degrees 12 minutes 46 seconds east, a distance of 910.31 feet to the point of beginning; thence north 89 degrees 44 minutes 25 seconds east, a distance of 385.46 feet to the west right-of-way line of Dylan Drive as recorded under instrument number 0647966 in the office of recorder of said county; thence south 00 degrees 15 minutes 35 seconds east along said west right-of-way line, a distance of 919.19 feet to the north line of Portage Prairie minor #2 as recorded under instrument number 0814357; thence south 89 degrees 44 minutes 25 seconds west along said north line, a distance of 386.22 feet to the east line of the northeast quarter of said section 18; thence continuing south 89 degrees 44 minutes 25 seconds west along said north line of Portage Prairie minor #2, a distance of 166.28 feet; thence north 00 degrees 15 minutes 35 seconds west and parallel to said west right-of-way line of Dylan Drive, a distance of 919.19 feet; thence north 89 degrees 44 minutes 25 seconds east, a distance of 167.04 feet to the point of beginning; said described parcel containing 11.659 acres, more or less. Subject to easements, right-of-way, covenants, and restrictions of record. and which has Key Numbers 025-1009-014605 presently at this point in time, be designated as an Economic Revitalization Area; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (_6_) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council 18 REGULAR MEETING JANUARY 28, 2013 Lynette Tepe, advised that they have submitted their information regarding their contractors and based on this information they qualify for a six (6) year real property abatement. She stated that the taxes abated over the six (6) year term will be approximately $313,770 and taxes paid will be approximately $311,890. She noted that this is a $3,500,000 project in which a 105,000 square foot building will be constructed for a tenant, Hubbell Electrical. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL - FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS Councilmember Henry Davis, Jr. asked if the whistle blower ordinance that was passed last year by the Council has been adopted by the Board of Public Works? Council Attorney Kathleen Cekanski-Farrand stated that she would draft a letter checking on the status. Councilmember Oliver Davis thanked South Bend Tribune Reporter Erin Blasko for his article on Schuyler Colfax that was published in today’s paper. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Sam Brown, Citizens United for a Better Government, advised that he was in attendance for the Martin Luther King, Jr. walk from the County-City Building on Monday, January 21, 2013 and received a parking ticket for parking in a handicapped spot. Mr. Brown stated that he has a handicapped hang tag. He feels that he was unjustly ticketed because it was snowing and his car was covered with snow. He stated that if the parking enforcement officer would have brushed the snow off they would have seen his handicapped hang tag. Mr. Brown stated that he filed an appeal with the Office of the City Clerk and is awaiting a response from the City’s legal department. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:56 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19