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HomeMy WebLinkAbout02-11-13 Common Council Meeting Minutes REGULAR MEETING FEBRUARY 11, 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, February 11, 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 Scott made a motion that the minutes of the January 28, 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 MAYOR’S ANNUAL ADDRESS TO THE CITY COUNCIL PURSUANT TO SECTION 2-3.1 OF THE SOUTH BEND MUNICIPAL CODE Mayor Pete Buttigieg presented his annual address to the City Council pursuant to Section 2-3.1 of the South Bend Municipal Code. Mayor Buttigieg presented the overall fiscal health of the City. He explained the City’s high credit rating, and announced a financial reporting award for the City’s Department of Administration and Finance. Mayor Buttigieg stated that in tough economic times, the City of South Bend continues its strong fiscal stewardship of public funds. He applauded the work of the city departments and employees as they do more with less to improve the overall quality of life in the city. Mayor Buttigieg stated that overall revenue exceeded expenditures in 2012. The total revenue to the City, which included property taxes, charges for service, bond proceeds, and other items, came to $284,166,267 and expenditures totaled $261,227,352. Mayor Buttigieg advised that increased in Enterprise Funds in recent years can be attributed to the large capital projects needed for unfunded, federally mandated CSO (combined sewer overflow) project, which will cost hundreds of millions of dollars over the next 20 years as part of the Clean Water Act. He noted that in the City’s general fund, which totaled $63,399,284 in 2012, public safety accounted for 83.44% of the fund. As it relates to workforce, the administration has kept the number of full-time employees lower than the previous two years. In 2012, the total number of full-time City employees was 1,118, with 51% of those employees working in public safety. Mayor Buttigieg stated that South Bend’s fiscal health also benefits from an exemplary credit rating of “AA” with a “stable” outlook from Standard & Poor’s. According to S&P’s General Obligation Ratings of Indiana Local 1 REGULAR MEETING FEBRUARY 11, 2013 Governments as of January 2, 2013, South Bend has the top rating among Second Class Cities in the State of Indiana. He stated that S&P’s has explained the key factors in South Bend’s strong credit rating: “Diverse local economy and position as a regional center; very strong financial operations; moderate overall debt burden; The University of Notre Dame and two major healthcare systems anchor the area economy.” Mayor Buttigieg stated that on January 31, 2013, the City of South Bend was notified that it had been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual report (CAFR.) The Department of Administration and Finance, headed by City Controller Mark Neal, won the award, and a Certificate of Achievement plaque was given to Deputy City Controller John Murphy. (A copy of the power point presentation is on File in the Office of the City Clerk.) REPORTS OF CITY OFFICES 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. 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. 63-12A PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE STREET AND THE VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE STREET, SOUTH BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF 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 an favorable recommendation, subject to the written commitments on file in the Office of the City Clerk. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, residing at 1805 Hickory Road, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District to LI Light Industrial District to allow a manufacturing facility and 11 variances from the development standards. On site is an existing business. To the North is vacant land zoned SF2Single Family and Two Family District. To the east, across Kemble, is a small business zoned MU Mixed Use District. To the south is an apartment building zoned MF1 Urban Corridor Multifamily District. To the west is a business zoned MF1 Urban Corridor Multifamily District. The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise odor, dust, smoke, or facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. The total area is just over half an acre. The existing 2 REGULAR MEETING FEBRUARY 11, 2013 building is just under 3,000 square feet, with an 1,800 square foot addition proposed. Buildings cover 20% of the site. There are three parking spaces south of the building. Access is from Kemble Street. Paving covers 7% of the site. The apartment building to the south was rezoned in 2000 from C to B to allow apartments. Indiana Avenue has two lanes with dedicate right turn lanes. Kemble Street has two lanes. The site is currently served by public utilities. Ms. Nayder noted that the Department of Community Investment offers a favorable recommendation on the rezoning. Some landscaping is recommended along the north and west property lines. In discussion with the City staff, it is envisioned that uses similar to Ignition Park uses will locate east of Kemble St. The future land use map identifies this corner as Mixed Use. The Rum Village Neighborhood Action Plan identities this area as a commercial opportunity. This area, located just to the southwest of Ignition Park, is a mix of uses, reflected by the zoning pattern. Many of the surrounding houses have been demolished in the past few years. The most desirable use is to support the expansion of the existing business. Since many surrounding properties are vacant, this rezoning should not affect property values. It is responsible development and growth to allow vacant, unused parcels to facilitate the expansion of an existing business. Ms. Nayder advised that the staff comments show this is a combined public hearing which includes a rezoning and eleven variances. The Commission will forward the rezoning to the Council with or without a recommendation, and either approve or deny the variances. 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 and that all the variances be approved. This rezoning will facilitate the expansion of an existing business in an area under transition, an area which very well may see redevelopment activities that support the businesses that will locate in Ignition Park. Given the current location of the building and that the angles of the lot lines and road are not straight; development on this lot would be difficult without these variances. Even though property to the north and west is zoned residentially, this area is in transition, given the number of buildings demolished since the 2011 aerials were taken, and may not need to be buffered as if a house were present. Ms. Nayder advised that the Area Plan Commission held a public hearing on December 18, 2012 and send this bill to the Common Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing the property owner, the City of South Bend Department of Redevelopment and the contingent purchaser MM Vance, LLC., made the presentation for this bill. Mr. Danch advised that this requested rezoning would allow for the re-use of an existing industrial building. Mr. Danch stated that Phoenix Engineering, who presently has a manufacturing facility at the Kemble Street address, would like to expand by adding additional assembly/manufacturing space to their building. Mr. Danch noted that he provided written commitments to the Zoning and Annexation Committee this afternoon and are on file with the Office of the City Clerk. 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 or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill, subject to the written commitments as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to full Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING FEBRUARY 11, 2013 ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:31 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10221-13 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE STREET AND THE VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE STREET, SOUTH BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Scott 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 Oliver Davis made a motion to pass this bill subject to the written commitments as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS There were no Resolutions to come before the Council at this time. BILLS - FIRST READING BILL NO. 07-13 FIRST READING ON A BILL OF THE COMMON COUNCIL 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, AND APPROPRIATING TWO HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS ($237,417) FROM GENERAL FUND (#101) This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on February 25, 2013. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes and two (2) nays (Councilmember’s Oliver Davis and Henry Davis) 4 REGULAR MEETING FEBRUARY 11, 2013 UNFINISHED BUSINESS BILL NO. 13-12 - AMEND SOUTH BEND MUNICIPAL CODE, SAFETY REGULATIONS WHEN PASSING BICYCLES Councilmember Gavin Ferlic made a motion to refer this bill to the Health & Public Safety Committee and set it for Public Hearing and Third Reading on February 25, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-14 – CENTURY CENTER RESOLUTION – UNSIGNED BY THE MAYOR – COUNCIL ACTION REQUIRED PURSUANT TO I.C. 36-4-6-16 Council Attorney Kathleen Cekanski-Farrand advised that there is a scrivener’s error for item # 11 B. Should be Amended Bill No. 13-14 which was adopted by the City Council on January 28, 2013 by a vote of 8-1. The Mayor then had the opportunity to either approve that legislation by signing it or vetoing that legislation and returning it to the Council with a message again using State Law language announcing his or her veto and stating the reasons for that veto. She stated that the Mayor did send a letter to the Council. At this stage the Council has the opportunity to rd) basically override that veto, but they must have a two-thirds (2/3 vote to take that action if they fail to take that action the resolution is considered defeated. Councilmember Oliver Davis made a motion to override Amended Bill No. 13-14. Councilmember Schey seconded the motion. The motion carried by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Varner and Gavin Ferlic.) NEW BUSINESS Councilmember Henry Davis stated that he doesn’t want to cause any conflict with the Council but has to ask this question, when dealing with the Council and you have elected officials who are here, who are elected by the people, he is just a bit concerned about the heavy handedness of our Council leadership. If there is a Council person wishing to ask a question because their district is of concern, that person is concerned. He stated that he thinks that the Council person should have the ability to ask that question without being cut-off. He feels like that is not responsible nor does he feel that is proper courtesy or even show good faith to those who even come to show up for these meetings. If a Council person can be told not to talk anymore, this is rude. Council Attorney Kathleen Cekanski-Farrand stated that as the Parliamentarian for the Council stated that a Councilmember can always make a motion to override the Chair, whether it be Councilmember White as she is the Committee of the Whole Chair or Council President Dieter with the proper motion. Councilmember Oliver Davis thanked his fellow Councilmember’s for attending the Public Works and Property Vacation Committee Meetings at Rum Village to discuss the flooding problems near the New Energy (Ethanol Plant.) He thanked Eric Horvath, Public Works Director who has put in a lot of time. He noted that as Chair of the Public Works and Property Vacation Committee he will be following up with a letter to the Mayor and the Redevelopment Commission outlining some of the ideas and plans and stated that those who live in the area will get copies of it to at least give some solutions or alternatives to the Mayor so they can help resolve this matter as soon as possible. PRIVILEGE OF THE FLOOR Sam Brown, Citizens United for a Better Government, (CUBG) 415 LaSalle, South Bend, Indiana, commended Councilmember Oliver Davis and Councilmembers for their hard work and continued help to those residents near the New Energy (Ethanol Plant.) Mr. Brown stated that he has heard people saying that Citizens United for a Better Government doesn’t always have their facts straight. As Chairperson of CUBG, and everything falls onto his shoulders, he is going to 5 REGULAR MEETING FEBRUARY 11, 2013 make sure that when he comes before the Council his facts are factual. He stated that is his goal for 2013. Jesse Davis, P. O. Box 10205, South Bend, Indiana, thanked the Council for looking out for the people over in the Rum Village area. He stated that he attended a meeting and has been following it in the news. He stated that he saw some statements made that there were some issues with spending public money on private issues. He stated that the Mayor himself whether it being Luecke or Buttigieg have been up here on numerous occasions talking about taking our tax dollars and investing our tax dollars in public and private partnerships. He stated that if we have ever needed a partnership that needs to be formed and our public dollars to be spent on private issues, this is a major issue that needs to be solved. He stated that last year he has brought up issues on building code and the Councilmember Oliver Davis has looked into that. He stated that he installs septic systems for a living and one of their key factors whenever they excavate is water tables. He said it at the meeting that there are maps that are hundreds of years old that will tell you that is a flood plain. So when this builder went to the building department and said that they needed permits, and they looked over these designs and realized that this guy wanted to dig nine foot, full size basements, someone at that building department should have thrown a red flag up, somebody dropped the ball, that’s part of the city. The City needs to make sure that they stay involved here and help as much as they can and stop pointing their fingers at New Energy and Garden Homes who are both out of business. He stated that he understands that they can look into suing the insurance company for Garden Homes, but do a little bit of research and found out if anybody from Garden Homes was sitting on any committees within the city when those permits were issued. Linda Cole, 2108 S. Meade, South Bend, Indiana, invited everyone to come to house for dinner, and come stay with her for approximately 3 hours and come and tell her that you would live like this. She pleaded to the Council to care about what is going on out there. Christopher Tomkiewicz, 2801 W. Calvert, South Bend, Indiana, stated that homeowners near the New Energy (Ethanol Plant) have been having flooding problems ever since they have shut down. He stated that homeowners who have sump pumps have had to keep them running every minute just to try and keep up with the huge amount of water due to the well points that the ethanol plant used to supply the water to the plant. He stated that they have asked city representatives, Mike Schmuhl, Eric Horvath and Gary Gilot to help find a solution to the problem to no avail. He stated that the City of South Bend has a TIF Fund that has been slated to be to demo abandoned homes. He stated that they would like to use these funds instead of being used to demolish homes. Ms. Shirley Rice, 2239 Prospect, South Bend, Indiana, stated that she used to live at 1521 Kemble. She stated that the City came to her and wanted to buy her property for future development. She stated that in researching trying to find a new home, she asked the city about this area in question and was never told that it was a swamp area or that they were having problems with the water table. She stated that it is the city’s responsibility to tell the potential home buyer if there is a problem in a certain area. Ms. Carrie Piechocki, 56321 Oak Road, South Bend, Indiana, stated that she does not live in the neighborhood, but it is her Aunt’s neighborhood. She asked the City to continue to monitor the water throughout the Spring, to see how high that water table will rise and continue to keep in communication with residents in the area, so that they can keep the lines open and try and come up with a solution to this issue. Mr. Bryan Kirkendoll, 2905 W. Calvert St., South Bend, Indiana, offered a quick fix or a solution to help those residents with flooding problems. He stated that is the area in which he lives at. He stated that he works for the City of South Bend Bureau of Sewer and proposes that the city get a pumping station out there. He suggested using TIF funds. He also stated that the city could tap into the line that is going into the Ethanol Plant and tap into it and run it into our main lines and the water would be dispersed into three (3) different ways. He stated that he had done sewer work and he knows how we can solve this problem and make the water flow and keep the levels down and solve the problem. He urged the Council to take a look into these 6 REGULAR MEETING FEBRUARY 11, 2013 possible solutions. He stated that there are people who have mold growing making them sick and they need help. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:49 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 7