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HomeMy WebLinkAbout02-25-13 Common Council Meeting Minutes REGULAR MEETING FEBRUARY 25, 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 25, 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 February 25, 2013, meeting of the Council be accepted and placed on file. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Dieter announced that the Council still has an opening on the Historic Preservation Commission. He also announced that there are three (3) openings on the Urban Enterprise Association. Applications can be obtained on the Council’s website or in the Office of the City Clerk. All applications must be filed in the Office of the City Clerk by Friday, March 9, 2013. REPORT ON TRANSITION RESOURCES CORPORATION – JESUSA RIVERA Ms. Jesusa Rivera presented a DVD presentation on the Transitions Resources Corporation. She noted that Transition Resources Corporation (TRC) is a private non-profit organization that has been providing services in Indiana since 1987. She stated that they are a part of Telamon Corporation, a private, non-profit organization, which began providing services in 1965 to farm workers on the East Coast. The corporation has grown and now provides services in 12 states on the East Coast and in the Midwest. She stated that more information can be obtained on their website: www.transitionresources.org or www.telamon.org REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE REGULAR MEETING FEBRUARY 25, 2013 At 7:18 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 13-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES Councilmember Scott made a motion to continue this bill until the March 11, 2013 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 07-13 PUBLIC HEARING 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) Councilmember White, Chairperson, Personnel & Finance 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. Councilmember Valerie Schey made a motion to amend this bill. Councilmember Henry Davis, Jr., seconded the motion. Council Attorney Kathleen Cekanski-Farrand read the amendment. She stated that in the title the amount should be changed to $204, 282. Strike the second sentence in paragraph two starting with Furthermore. Section I (a) change Exhibits to Exhibit Entitled City of South Bend Police Communications Center Proposed Salary Ordinance Adjustments which is attached hereto and incorporated herein. Section II. strike the sum of $237,417 and insert $204,282. The motion was defeated by a roll call vote of seven (7) nays (Councilmember’s Scott, Dr. Fred Ferlic, Dr. Varner, Oliver Davis, White and Gavin Ferlic.) and two (2) ayes (Councilmember’s Schey and Henry Davis, Jr.) th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Buttigieg advised that this bill would amend the 2013 Salary Ordinance No. 10199-12. He stated that the 911 emergency dispatchers at the South Bend Police Department receive compensation less than that of similar dispatchers in other Indiana Class Two Cities. These employees are highly trained and serve as the first line of response when a resident or family has an emergency. He stated that they would like these hard working persons to be paid at a rate consistent with those working in other Class Two Indiana cities. He noted that this bill seeks to create 1.5 FTE’s for the Mayor’s office. He stated that at last year’s budget discussions they wanted to create a Director of Community Outreach in the Mayor’s Office and also benefit from REGULAR MEETING FEBRUARY 25, 2013 the assistance of a part-time secretary. Mayor Buttigieg stated that on the advice of Council Members last year, he has given serious study to the staff situation in the Mayor’s office and now seeks support to create 1.5 FTE positions which will highly enhance community outreach and service to citizens. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: Chief Gary Horvath, South Bend Police Department, 701 W. Sample, South Bend, Indiana; Diana Scott, Director of Communications, South Bend Police Department, 701 W. Sample, South Bend, Indiana; Steve Noonan, Former FOP #36 President on behalf of current FOP #36 President Demler. Councilmember’s Oliver Davis, Dr. Fred Ferlic, Schey, Henry Davis, Jr., Scott, Dieter and White commented on their concerns of this bill. Councilmember’s Schey and Henry Davis, Jr. both stated that they are in favor of pay increases for the 911 Dispatchers and were disappointed that their amendment to this bill failed, however at this time they would vote in favor of this bill because they did not want the pay increases for the dispatchers to fail. There being no one else 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. RISE AND REPORT Councilmember Scott made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:55 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10222-13 AN ORDINANCE 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) REGULAR MEETING FEBRUARY 25, 2013 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. RESOLUTIONS RESOLUTION NO. 4239-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT LOCAL MEETINGS BE HELD BY OUR U.S. SENATORS AND U.S. HOUSE OF REPRESENTATIVES SO THAT THERE ARE OPPORTUNITIES TO HEAR FIRST HAND COMMENTS ON HOW TO IMPROVE OUR IMMIGRATION SYSTEM Whereas, the South Bend Common Council notes that on March 26, 2009, former U.S. Senator Richard Lugar introduced the DREAM Act which he co-sponsored with U.S. Senator Dick Durbin. That was a bi-partisan proposal to provide an opportunity for students to earn legal status while continuing their education and pursuing careers in the United States; which then had the support of the President of Indiana University; Purdue University and the University of Notre Dame; and Whereas President Obama is working on an immigration plan which has four (4) principles; “continuing to strengthen border security; Streamlining legal immigration; Earned citizenship; and Cracking down on employers hiring undocumented workers” which are further addressed at http://www.whitehouse.gov/issues/immigration; and Whereas, many local individuals within South Bend and organization such as Transforming Action Through Power (TAP), a Gamaliel affiliate who works with the public to become a positive force for change, have stepped up to voice their support of “A Dream for All” Campaign which proactively encourages immigration changes; and Whereas, in light of the approximate 11 million undocumented immigrants living in the United States and the ongoing discussions taking place at the federal executive and legislative levels, our federal elected officials and their staffs should consider hosting meetings on this important issue. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana as follows: Section I. The South Bend Common Council recognizes that over the next several weeks, very important discussions will be taking place in Washington, D.C. on the topic of immigration. Section II. The Common Council believes that since immigration is addressed at the federal level, the that U.S. Senator Dan Coats, U.S. Senator Joe Donnelly, and U.S. House of Representative Jackie Walorski should host local forums, so that they can hear from South Bend residents first-hand before casting their votes. Therefore, in the spirit of transparency, openness and good government, the Common Council request that a copy of this Resolution be sent to each of our duly elected federal officials serving in the U.S. Senate and in the U.S. House of Representatives so that public meetings can be held in South Bend. In this way, comments and needed dialogue can take place so that the best possible legislation which is fair and equitable can be achieved through this collaborative process. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor, with the Office of the City Clerk sending a copy to each of the federal elected officials listed in Section II herein. stth s/Tim Scott, 1 District s/Oliver J. Davis, 6 District nd s/Henry Davis, Jr., 2 District s/Derek D. Dieter, At Large REGULAR MEETING FEBRUARY 25, 2013 rd s/Valerie Schey, 3 District s/Gavin Ferlic, At Large th s/Dr. Fred Ferlic, 4 District s/Karen L. White, At Large th Dr. David Varner, 5 District Kathleen Cekanksi-Farrand, Attorney th Attest: Approved this 25 day of February, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Oliver Davis made the presentation for this bill. He offered his comments and asked that a copy of this Resolution be sent to each of the federal elected officials listed. A Public Hearing was held on the Resolution at this time. Ramona, 536 Widner Lane, South Bend, Indiana, stated that she is a member of TAP. She urged the Council to adopt this resolution. Tony Flora, Representing the AFL/CIO North Central Indiana AFL-CIO Council, read into the record a document supporting a road map to citizenship for aspiring Americans. He stated that on February 11, 2013 the North Central Indiana AFL-CIO Council stated: Whereas, Everday, more than 11 million immigrant aspiring citizens contribute to our communities, our economy, and our country- yet are denied a voice in the workplace and essential rights in our society; Whereas, A strong and vibrant democracy cannot function unless all men and women, regardless of their skin color or where they were born, can participate meaningfully in the political process with full rights and equal protections; Whereas, The union movement recognizes that the way we treat new immigrants reflects our commitment to democracy and the values that define us; Whereas, Working people are strongest when working together and the union movement is strongest when it is open to all workers, regardless of where they come from; Whereas, The creation of a road map to citizenship for new American immigrants would improve wages and labor standards for all workers by empowering immigrant workers and halting employers who take advantage of our failed immigration policies to pursue a race to the bottom; Whereas, Temporary worker programs do not reflect America’s values as a democratic society. History teaches that guest worker programs create a second class of workers, unable to exercise even the most fundamental rights, which lowers wages and working conditions for all workers; Whereas, The dreams of young immigrants to have access to quality education and the hopes of millions of immigrants to reunify their families are consistent with American values; And Whereas, America’s unions remain committed to working together on the side of justice for all, along with our community partners, including civil rights, human rights and immigrant rights organizations to pass fundamental reform that encompasses these principles and strengthens our democracy; Therefore be it resolved: That the North Central Indiana AFL-CIO Council, which represents the voices of thousands of working families in the Indiana counties of LaPorte, Starke, St. Joseph, Marshall, Elkhart, and Kosciusko, calls upon Congress to pass common sense immigration reform that reflects the principles outlined in the unified union movement’s framework for comprehensive immigration reform, “Immigration for Shared Prosperity: A Framework for Comprehensive Immigration Reform”: And be if finally resolved: The North Central Indiana AFL-CIO Council will continue to work with allies to promote comprehensive immigration reform based on the principles outline in this resolution and will communicate this position to Indiana’s congressional delegation. Mr. Flora asked the Council for their favorable adoption of this Resolution. Wendy Winters, Joseph Alavarez, Cedric Stricklin, Antwon Mason, Joe Carbone, Ms. Ramona and Jesusa Rivera, spoke in favor of this bill. The urged the Council’s favorable adoption of this resolution. There being no one else present wishing to speak to the Council in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this bill. Councilmember White REGULAR MEETING FEBRUARY 25, 2013 seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4240-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2013 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE Whereas, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and Whereas, on February 25, 2013 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: A-1 Auto Parts 2014. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Main St. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Steve & Gene’s 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 2500 Greentech Dr. (Lot 4) US Scrap LLC 1420 S. Walnut St. (ACME) US Scrap/SB Bailing 1420 S. Walnut St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. Have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station Recycling Operations Licenses for the year 2013. Whereas, the license applications for all above-referenced businesses received favorable recommendation form the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The license application for the following businesses: A-1 Auto Parts 2014. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Main St. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Steve & Gene’s 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 2500 Greentech Dr. (Lot 4) US Scrap LLC 1420 S. Walnut St. (ACME) US Scrap/SB Bailing 1420 S. Walnut St. REGULAR MEETING FEBRUARY 25, 2013 US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. are approved in conformity with the South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk’s communication to the City Clerk dated February 25, 2013. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember White 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 (9) ayes. Councilmember White, Vice-Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this amended bill this afternoon and voted to send it to the full Council with a favorable recommendation. City Clerk John Voorde made the presentation for this bill. Clerk Voorde advised that his office has received the renewal applications for the operation of Scrap Metal/Junk Dealers/Recycling Operations. In accordance with procedure for the renewal of city business licenses, these applications were submitted to the Police, Fire and Code Enforcement Departments for inspection. Clerk Voorde stated that all but two applications received favorable recommendation. The two businesses that are not in compliance are: Alternative Two LLC, 700 W. Chippewa (Fire Inspection) and US Scrap LLC/ACME 1420 S. Walnut St. (Code Enforcement). Clerk Voorde stated that the remaining business should be granted favorable adoption. 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 substitute Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 13-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFETY HAZARD Councilmember Oliver Davis made a motion to continue this bill indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING FEBRUARY 25, 2013 BILLS - FIRST READING BILL NO. 08-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BLOCK PARTY REGULATIONS This bill had first reading. Councilmember Scott made a motion to refer this bill to the Public Works and Property Vacation Committee and set for Public Hearing and Third Reading on March 11, 2013. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Henry Davis, Jr., advised that he is not satisfied with the demotion of Chief Boykins or the firing of the Communications Director. He stated that he is not thrilled about the hiring of a new police chief. He stated that he does not know the new Police Chief, however he does not like how he was brought in. Councilmember Henry Davis, Jr., then asked for three action items to be addressed: 1. A breakdown of the City of South Bend workforce. 2. The status of Jersey Mike’s communication with the City. 3. Block Party applications. Councilmember Oliver Davis thanked the city administration for their help in turning on the pumps at the New Energy (Ethanol) Plant. He asked the City Administration and the Public Works Department to address the concerns raised by the Farmers who have land around the New Energy (Ethanol) Plant. He also noted that the Council recently passed a Resolution noting that March 23, 2013 would be recognized as Schuyler Colfax Day. He advised that there will be more information coming forthwith. Council Attorney Kathleen Cekanski-Farrand advised that she met with Interim City Attorney Aladean DeRose to address the “Whistleblower” policy for the Police and Fire Departments. Council President Dieter stated that he would like the South Bend Police Department’s Fraternal Order of Police and the Fire Fighter Union to be included in the discussions on the “Whistleblower” policy. REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 13-16 – SPECIAL EXCEPTION – 2221 PRAIRIE AVE Councilmember Henry Davis, Jr., made a motion to refer this bill the Zoning & Annexation Committee and set this bill for Public Hearing and Third Reading on March 11, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-19 - CONFIRMING TAX ABATEMENT FOR DOUGLAS ROAD LAND PARTNERS SOUTH, L.P./HARRINGTON ORTHODONTICS-SET FOR 2-25-13 Councilmember Tim Scott made a motion to refer this bill to the Community Investment Committee and set this bill for Public Hearing and Third Reading on March 11, 2013. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING FEBRUARY 25, 2013 NEW BUSINESS Council President Dieter noted that he would like to have a School Safety Seminar under the Health and Public Safety Committee. Councilmember Oliver Davis thanked fellow Council Members and encouraged their continued attendance in all neighborhood meetings. Councilmember Tim Scott thanked Councilmember’s Dieter, Oliver Davis, and White for their attendance at the NNRO Meeting. PRIVILEGE OF THE FLOOR Sam Brown, Citizens United for a Better Government, advised that he does not feel good about what is going on in the city. Bill Sykes, 18927 Darden Road, South Bend, Indiana, thanked the Council for funding the new South Bend Animal Care and Control Facility. Mr. Sykes stated that he would like to see the Municipal Code changed on the classification of the Pit-bull breed dog. He stated that there is a stigma attached to these dogs that should not be. He stated that if a Pit-bull is picked up by animal control it is a death sentence. He stated that he would like to have the right of adoption for Pit-bulls. Peggy Tomkiewicz, 2801 Calvert, South Bend, Indiana, stated that she would like to know the status of the New Energy (Ethanol Plant.) She stated that for now the city has negotiated to have the pumps turned on, but is concerned about the future. She asked the Council to please keep the residents advised on the status. Gabriella, 1121 Stanfield, South Bend, Indiana, stated that she is concerned about the breed specific legislation of the Pit-bull. She encouraged the Council to reconsider the right of adoption. Linda Cole, 2801 S. Meade, South Bend, Indiana, stated that it is unacceptable that all city departments involved in the development of the homes near and around the New Energy (Ethanol) Plant who did not see this land was a flood zone and has a high water table. 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