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Home My WebLink About03-11-13 Common Council Meeting Minutes REGULAR MEETING MARCH 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, March 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 February 25, 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 City Administration will highlight a department and present an update at Council Meetings. STANDING COMMITTEES OF THE COMMON COUNCIL 2013 Council President Dieter asked the City Clerk John Voorde to place on file the 2013 Common Council Standing Committee List under what is entitled “Spread of Records.” He advised that the Council has eleven (11) standing committees as part of the Common Council Standing Committee structure and asked any citizen interested in participating in serving on one of these committees to contact the City Clerk’s Office. 2013 COMMON COUNCIL STANDING COMMITTEES COMMUNITY INVESTMENT COMMITTEE Gavin Ferlic, Chairperson Valerie Schey, Member Henry Davis, Jr., Vice-Chairperson Dr. Fred Ferlic, Member Citizen Members: Jeneen Crane; Patrick Mullin 1 REGULAR MEETING MARCH 11, 2013 COMMUNITY RELATIONS COMMITTEE Oliver Davis, Chairperson Valerie Schey, Member Tim Scott, Vice-Chairperson Dr. David Varner, Member Citizen Member: James Burns COUNCIL RULES COMMITTEE Derek D. Dieter, Chairperson Dr. Fred Ferlic, Member Dr. David Varner, Vice-Chairperson Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Karen L. White, Chairperson Dr. David Varner, Member Dr. Fred Ferlic, Vice-Chairperson Tim Scott, Member INFORMATION AND TECHNOLOGY COMMITTEE Tim Scott, ChairpersonGavin Ferlic, Member Dr. David Varner, Vice-Chairperson Henry Davis Jr., Member (Parks, Recreation, Cultural Arts & Entertainment) PARC COMMITTEE Henry Davis Jr., Chairperson Gavin Ferlic, Member Dr. Fred Ferlic, Vice-Chairperson Tim Scott, Member PERSONNEL AND FINANCE COMMITTEE Dr. David Varner, Chairperson Valerie Schey, Member Karen L. White, Vice-Chairperson Henry Davis, Jr., Member Citizen Member: Jack Smith PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oliver J. Davis, Chairperson Dr. David Varner, Member Valerie Schey, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Tim Scott, Chairperson Dr. Fred Ferlic, Member Karen L. White, Vice-Chairperson Oliver Davis, Member Citizen Member: Christine Sopczynski UTILITIES COMMITTEE Valerie Schey, Chairperson Henry Davis Jr., Member Oliver Davis, Vice-Chairperson Karen L. White, Member Citizen Member: Carol Davis ZONING AND ANNEXATION COMMITTEE Dr. Fred Ferlic, Chairperson Oliver J. Davis, Member Henry Davis Jr., Vice-Chairperson Gavin Ferlic, Member Citizen Members: Kyle Chamberlin; Marcus Ellison SUB-COMMITTEE ON MINUTES Derek D. Dieter, Chairperson Dr. David Varner, Vice-Chairperson 2 REGULAR MEETING MARCH 11, 2013 Council President Dieter announced that the Council has appointed the following individuals to the various boards/commissions. Century Center Board of Managers Dennis Andres, Jr. Michael Neises Valerie Schey David Varner Human Rights Commission Muhammed Shabazz Redevelopment Commission Valerie Schey David Varner Urban Enterprise Association Pong Yin (Amy Le) Le RESOLUTION NO. 4241-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH 2013 AS DISABILITY AWARENESS MONTH IN THE CITY OF SOUTH BEND & COMMENDS IU SOUTH BEND’S DISABILITY SUPPORT SERVICES FOR ALL OF THEIR SERVICES Whereas, the Common Council of the City of South Bend, Indiana, notes that this July st 26th will mark the 21 anniversary of the enactment into law of the Americans With Disabilities Act (ADA) which aims to give all people “the opportunity to live with dignity, work productively and achieve their dreams”; and Whereas, the Common Council recognizes that today there are approximately 50 million Americans living with disabilities, with 80% of the people who take on the role of primary helper to persons with disabilities being relatives and nearly half of that number living with the person who has a disability; and Whereas, the Common Council notes the economy has been especially hard on individuals with disabilities, with approximately 16.1% of all disabled Americans being unemployed; and Whereas, the Common Council further notes that the Indiana Governor’s Council for People with Disabilities works “…to advance independence, productivity and inclusion of people with disabilities in all aspects of society through planning, evaluation, collaboration, education and advocacy”; and Whereas, approximately 19% of Indiana’s population has a disability. This year the Governor’s Council theme is “Community Connections” which focuses on a “…fully connected, livable community with appropriate housing, supportive and accessible community services, and physical and environmental features…” which foster independent living; with IU South Bend’s Disability Support Services (DSS) being a great local example of their commitment to individuals with disabilities. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, th Indiana, on the 11 day of March, 2013, as follows: 3 REGULAR MEETING MARCH 11, 2013 Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby declares the month of March, as DISABILITY AWARENESS MONTH, and urges all of our residents, governmental officials and employers to celebrate the many contributions individuals with disabilities have made and continue to make to our community and to our country. Section II. The South Bend Common Council publicly honors and thanks IU South Bend’s Disability Support Services (DSS), under Director Dr. Jim Hasse, for their ongoing dedication and commitment to ensuring that students with disabilities have equal opportunity to participate in, contribute to, and benefit from all University programs, services and activities. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 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 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 Cekanski-Farrand, Attorney th Attest: Approved this 11 day of March, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Karen White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety and presenting it to Dr. Jim Hasse, Director, IU South Bend’s Disability Support Services (DSS). 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. Hasse thanked the Council for this Resolution. He stated that he wants to ensure that every student with disabilities has equal opportunities to participate, contribute and benefit from all programs, services and activities. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Scott seconded the motion which carried. REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 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. 4 REGULAR MEETING MARCH 11, 2013 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 White, Chairperson, Health & Public Safety 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 Gavin Ferlic, 1109 Duey St., South Bend, Indiana, made the presentation for this bill. Councilmember Gavin Ferlic thanked co-sponsors of this bill Councilmember’s Tim Scott and Valerie Schey. He advised that the City is dedicated to seeing that individuals have the opportunity to enjoy bicycle riding throughout the city in as safe a manner as possible. He stated that this bill would implement additional safety regulations which would require a minimum of three feet (3’) minimum distance from a bicyclist when passing such bicyclist by an operator of a motor vehicle. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ron Teachman, South Bend Police Chief, 701 W. Sample Street, South Bend, Indiana; Judy Lee, 66841 Walnut Road, Walkerton, Indiana, representing Bike Michiana Coalition; Tim st Maher, Barnes & Thornburg, 600 1 Source Bank, South Bend, Indiana; Paul Taylor, 51590 Ridgewater, Mike Watkins, 528 W. Angela, South Bend, Indiana; J.V. Peacock, Outpost Sports, Eddy Street Commons, South Bend, Indiana; Jitin Yoshi, representing Bike the Bend, spoke in favor of this bill. Councilmember Dieter asked if there was a significant amount of vehicle/bike accidents. Councilmember Gavin Ferlic stated that he did not have those statistics. There being no one else present wishing to speak to the Council either in favor or in opposition to this bill, Councilmember Scott made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-13 PUBLIC HEARING 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 Councilmember Schey made a motion to hear the amended version of this bill. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver J. Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this amended bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Tim Scott, 711 Forest Avenue, South Bend, Indiana, made the presentation for this bill. 5 REGULAR MEETING MARCH 11, 2013 Councilmember Scott advised that the bill would amend a 2011 ordinance which established procedure governing block parties. He stated that this proposed ordinance would incorporate the current regulations into the City Code so that they are readily accessible from the City’s website. He stated that this bill would create a fee waiver process for legitimate 501(c) (3) nonprofit organizations which would require such an organization to provide proof of that status from the IRS and filing a copy of their most recent Form 990 or Form 990-EZ return. He noted that all other block party regulations governing residential and non-residential block parties would apply to all applicants, including those who may have received a fee waiver. In this way the public safety regulations would be enforced uniformly, with the fees charged to help off-set the actual cost to close a public street when accommodating a block party. An electronic summary from the Clerk to the Board of Public Works would also be required to be sent to the Office of the City Clerk summarizing block party requests made to the Board during each calendar 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. Jesse Davis, P. O. Box 10205, South Bend, Indiana, spoke in favor of this bill. Councilmember Henry Davis asked if there were grants or some other kind of funding for non- profit organizations. Councilmember Dieter asked if an accounting mechanism could be added to the bill. Council Attorney Kathleen Cekanski-Farrand stated that there is an accounting mechanism in the bill under Section 14-65. Councilmember’s Henry Davis, Dr. Fred Ferlic, Oliver Davis and Dr. David Varner stated that they would not be voting in favor of this bill. 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 as amended. Councilmember Schey seconded the motion which carried by a voice vote of five (5) ayes and four (4) nays (Councilmember’s Henry Davis, Jr., Dr. Fred Ferlic, Dr. David Varner, Oliver J. Davis) RISE AND REPORT Councilmember Gavin Ferlic 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 7:56 p.m. Council President Derek Dieter, presided with nine (9) members present. 6 REGULAR MEETING MARCH 11, 2013 BILLS – THIRD READING ORDINANCE NO. 10223-13 AN ORDINANCE 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 This bill had third reading. Councilmember Oliver J. Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally Councilmember Gavin Ferlic made a motion to pass this bill as amended. Councilmember Dr. Fred Ferlic seconded the motion. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10224-13 AN ORDINANCE 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 third reading. Councilmember Dieter 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 J. Davis made a motion to defeat this bill. Councilmember Henry Davis, Jr., seconded the motion. The motion was defeated by a voice vote of four (4) ayes (Councilmember’s Dr. Fred Ferlic, Dr. David Varner, Oliver J. Davis, Henry Davis, Jr.) and five (5) nays. Councilmember Gavin Ferlic made a motion to pass this bill as amended. Councilmember Dieter seconded the motion. The bill passed by a roll call vote of five (5) ayes and four (4) nays (Councilmember’s Dr. Fred Ferlic, Dr. David Varner, Oliver J. Davis, Henry Davis, Jr.) RESOLUTIONS RESOLUTION NO. 4242-13 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 2221 PRAIRIE AVENUE, SOUTH BEND, IN, 46619 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: 7 REGULAR MEETING MARCH 11, 2013 In order to permit: in order to permit the removal and reconstruction of Fire Station #5 located at 2221 Prairie Avenue, South Bend, Indiana 46614 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; 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. Mark Lyons, Assistance Zoning Administrator, Building Department, 125 S. Lafayette Blvd., Suite 100, 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 Fire Station in a “MU” Mixed Use District, on property located at 2221 Prairie Avenue. He stated that the Area Board of Zoning Appeals held a public hearing on February 6, 2013 and sends it to the Common Council with a favorable recommendation. Fire Chief Steve Cox, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that this bill would allow for the demolition and reconstruction and operation of Fire Station #5 on the existing property. A Public Hearing was held on the Resolution at this time. Greg Brown, 1238 Diamond, South Bend, Indiana, spoke in favor of this bill. He stated that the SBFD has always been there when he needed them. He urged the Council to adopt this Resolution. 8 REGULAR MEETING MARCH 11, 2013 There was no one else present wishing to speak in favor or in opposition to this Resolution, Councilmember Oliver J. 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. 4243-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3340 DOUGLAS ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRINGTON ORTHODONTICS 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 3340 Douglas Road and which is more particularly described as follows: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of said section 32, thence North 89 degrees 16’ 18” East along the North Line of said Section 32, 140.70 Feet; Thence South 00 degrees 12 ‘ 28” West, 45.01 Feet to the point of beginning; thence North 89 degrees 16’ 18” East parallel to the North Line of said Section 32, 188.55 Feet to a point on the West Line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 29’ 43” East along said West Line of said Minor, 175.00 Feet; thence South 89 degrees 16’ 18” West along the Northerly Line of Lot 3 in said Minor, 187.70 feet to the East Line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 degrees 12’ 28” East along said East Line, 175.02 Feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right- of- way, easements, covenants, and restrictions of record. and which has Key Numbers 02-2023-054801 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 remonstrances 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 9 REGULAR MEETING MARCH 11, 2013 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 three (3) 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 Councilmember Gavin Ferlic, Chairperson, Community Investment 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. Andrew Nemeth, 211 W. Washington, South Bend, Indiana, made the presentation for this Resolution. Mr. Nemeth advised that when they first submitted their petition, the petition said that the cost of improvements would be $850,000 he explained that the cost would now be $600,000. He stated that previously they had included the cost of the land in their estimate. 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 White made a motion to adopt this Resolution. Councilmember Oliver J. Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4244-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 SOUTH MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL WORKS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1902 South Main Street, South Bend, Indiana, and which is more particularly described as follows: PARC OF LAND BEG APPROX 140’ E OF CENTERLINE OF CALVERT & LAFAYETTE ST & BEING PT OF W ½ SW ¼ SEC 13-37-2E CONT 1.94 AC +- 573’ ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13-37-2E LOTS 35, 36 & N 18’ VAC BOWMAN ST & 14’ VAC ALLEY W & ADJ & S ½ VAC ST ALLEY N & ADJ TO LOT 35 BOWMAN’S 1 ADDN LOT 10 & VAC ALLEY BET LOTS 10 11 LOT 11 & EX 15 FT FOR ST STOVER & 10 REGULAR MEETING MARCH 11, 2013 WITWER ADD LOT 34 & E ½ VAC ALLEY W & ADJ & N ½ VAC ALLEY SO & ADJ BOWMANS ST 1 ADD LOTS 18 THRU 22 & E ½ VAC ALLEY W & ADJ & E-W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD and which has Key Numbers 18-8010-0451, 18-8010-046601, 18-8010-0453, 18-8011-048901, 18-8012-0567, 18-8012-056701, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. 11 REGULAR MEETING MARCH 11, 2013 SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This 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 Gavin Ferlic, Chairperson, Community Investment 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. Kevin Kruggel, Kruggel & Lawton CPA, 210 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. Mr. Kruggel advised that the proposed project is the purchase and installation of new equipment to increase their production capacity to meet the growing demands of their customers. He stated that the total project cost is estimated at $1,730,000. He stated that total taxes to be abated during the abatement period are estimated at $17,079. He stated that per the petition, it is estimated that the total project will create 9 permanent, full-time jobs, representing a new annual payroll of $389,673 and maintain 112 existing permanent full-time jobs representing an annual payroll of $4,850,000. 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 J. Davis made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4245-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR AN END TO DOMESTIC VIOLENCE AND VOICING ITS SUPPORT TO THE REAUTHORIZATION OF THE FEDERAL “VIOLENCE AGAINST WOMEN’S ACT” Whereas, the Common Council of the City of South Bend, Indiana, acknowledges that recently a bi-partisan majority of the House of Representatives joined the United States Senate in approving reauthorization of the “Violence Against Women’s Act” and sent it to the President for review and approval; and Whereas, the Common Council notes that unfortunately, domestic violence affects all communities, with data showing that three (3) women die each day from domestic violence which clearly shows that perpetrators of such violence should be brought to justice; and 12 REGULAR MEETING MARCH 11, 2013 Whereas, the federal legislation would give new powers to Tribal Courts to help protect Native American Women, where the statistics reveal that one in three are the victims of such crimes; and Whereas, the Council recognizes that on February 28, 2013, the Department of Justice’s Office on Violence Against Women (OVW) announced that $12.6 million would be made available in grants to twenty (20) communities as part of a new “consolidated program designed to more effectively reduce dating violence”; and Whereas, the Council also notes that in 2004, DOJ’s Office of Violence Against Women identified St. Joseph County as one of fifteen (15) pilot sites nationally out of 400 applicants, to receive federal financial support to “eradicate all forms of domestic violence” and that the Family Justice Center of St. Joseph County located at 533 North Niles Avenue in South Bend serves “as a one-stop help center for victims of domestic violence and their children”; where “providers from any organizations – domestic violence victim services, prosecution, probation, law enforcement, medical services, civil legal assistance, chaplains, and other community-based services” are brought together under one roof; and Whereas, it is reported that “in St. Joseph County, police respond to approximately 8,000 domestic violence calls a year” with the DOJ estimating that “only 54% of the intimate partner violence is reported to authorities” and that “victims come from all walks of life, income levels, races and religions”. Now, Therefore, be it resolved by the Common Council of the City of South Bend, th Indiana, on the 11 day of March, 2013, as follows: Section I. The Common Council calls upon the residents of South Bend, Indiana to work together to end domestic violence in our community. Section II. The Council notes that soon the President will be signing into law the recently approved bi-partisan reauthorization of the “Violence Against Women’s Act” which will expand authority in seeking justice against perpetrators of such crimes. Section III. The Council pledges it support to the many agencies in the City of South Bend, Indiana, who work on a daily basis providing assistance on crisis intervention, counseling criminal investigations, spiritual care, prenatal counseling, and the many highly trained volunteer advocates who work on the 24-hour S-O-S Crisis Line, the police officers called to respond to domestic violence calls; who are working to curb domestic violence locally, and in particular the Family Justice Center of St. Joseph County. Section IV. The Council also acknowledges that the YWCA North Central Indiana, is a leading provider of domestic violence services such as emergency shelter and services to approximately 1,500 women and children annually. Food, clothing and safe shelter as well as the support and tools which these individuals need to begin rebuilding their lives, are examples of this agency. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Henry Davis, Jr. nd 2 District Councilmember Councilmember Karen White, Chairperson, Health & Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 13 REGULAR MEETING MARCH 11, 2013 Councilmember Henry Davis, Jr., 5117 Idlewood Dr., South Bend, Indiana, made the presentation for this Resolution. Councilmember Henry Davis, Jr., advised that he is introducing this Resolution to raise awareness about domestic violence in our community and to support those individuals and agencies and who provide daily services to such victims. He stated that on February 28, 2013 the House of Representatives voted 286-138 and sent to President Obama the reauthorization of the Violence Against Women Act, which had been approved by the U.S. Senate two weeks earlier. The federal law had been allowed to lapse over a year earlier by Congress. The new federal legislation would give access to Violence Against Women Act programs to all individuals including Native Americans, gays, lesbians, and immigrants. He noted that according to the Department of Justice, the Violence Against Women Act has helped reduce such crimes by approximately two-thirds over the past two decades. The website for the Family Justice Center of St. Joseph County notes that risk reduction programs to students in our community have reached “over 20,000 students each school year.” He stated that it also notes that “presentations and training reach community groups, law enforcement and medical personnel rounding out S-O-S comprehensive services.” Councilmember Davis Jr., stated that he believes that as elected officials of South Bend should support these proactive measures which are aimed at improving the quality of life in our City. He asked the Council for their support of this Resolution. A Public Hearing was held on the Resolution at this time. Sareen Dale, 1731 Thornhill Dr. South Bend, Indiana, spoke in favor of this bill. She thanked the Council for this Resolution. She stated that she is the Director of the St. Joseph County Family Justice Center. She stated that the Family Justice Center is responsible for on-site services, partnerships and community outreach. She stated that the Family Justice Center is a collaboration and cooperative spirit between agencies and entities working together to help survivors on their journey towards safety. Becky Callendar, SOS, Project Coordinator Family Justice Center, 533 North Niles Avenue, South Bend, Indiana, spoke in favor of this bill. She stated that she has worked with S-O-S since the 1990’s helping to coordinate risk reduction programs in the local schools. She stated that they provide advocacy to survivors of sexual and domestic violence. She thanked the Council for this Resolution. Linda Baechle, President & CEO, YWCA, 1102 S. Fellows, South Bend, Indiana, spoke in favor of this bill. She advised that since 1903, the YWCA has been the leading advocate for women and children in our community. She stated that through a combination of service and social action they reach out to women who are seeking solutions to abusive situations, women who are fighting chemical dependency and women who are in need of job training and education and who want to improve their lives for themselves and their children. She stated that the YWCA was created by women for women, and pledge all of their resources, talents and skills to ensure the success of the mission of the YWCA: “Eliminating racism empowering women.” She thanked the Council for this Resolution and urged their favorable consideration. Jesse Davis, P. O. Box 10205 South Bend, Indiana, spoke in favor of this bill. He stated that he supports all the agencies who work on a daily basis helping to curb domestic violence. There was no one else pressing wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember White made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING MARCH 11, 2013 RESOLUTION NO. 4246-13 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 March 27, 2013 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: Alternative Two LLC 700 W. Chippewa US Scrap LLC 1420 S. Walnut St. (ACME) 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 recommendations from 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 applications for the following businesses: Alternative Two LLC 700 W. Chippewa US Scrap/SB Bailing 1420 S. Walnut St. (ACME) Are approved in conformity with 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 March 27, 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 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 City Clerk John Voorde, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this Resolution. Clerk Voorde advised that there were two properties that needed to be re-inspected, Alternative Two LLC 700 W. Chippewa, by the Fire Department and US Scrap LLC/AMCE, 1420 S. Walnut St., by the Department of Code Enforcement. Both have received favorable recommendations. He asked the Council for their favorable consideration of this Resolution. A Public Hearing was held on the Resolution at this time. 15 REGULAR MEETING MARCH 11, 2013 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. BILLS – FIRST READING BILL NO. 09-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS This bill had first reading. Councilmember Varner made a motion to refer this bill the Residential Neighborhoods Committee and set it for Public Hearing and Third Reading on March 25, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 6, ARTICLE 1, SECTION 6-4.4(b)(3); RENUMBERING CERTAIN SECTIONS OF CHAPTER 6, ARTICLE 2; AND ADDING A NEW, RENUMBERED SECTION 6-6.2, CERTIFICATE OF OCCUPANCY, TO CHAPTER 6, ARTICLE 2 This bill had first reading. Councilmember Varner made a motion to refer this bill the Health & Public Safety Committee and set it for Public Hearing and Third Reading on March 25, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W. WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Henry Davis, Jr., stated that he would like a breakdown of the City’s workforce. Kathy Cekanski-Farrand stated that she is waiting for the Board of Public Works on Block Party information. Council President Dieter stated that they are waiting to a breakdown of business along the Western Avenue corridor from Community Investment. 16 REGULAR MEETING MARCH 11, 2013 Councilmember Oliver Davis stated that he requested information from the Mayor on TIF funding regarding vacant & abandoned homes. He also noted that on March 25, 2013 there will st be an update on the Ethanol (New Energy) Plant. He also noted that the 1 Annual Schuyler Colfax Day Commemorative Service will be held on March 23, 2013 at 3:00 p.m. at 601 W. Colfax Avenue, which is the site where Colfax’s home was located. He noted that at the conclusion of the service, a memorial wreath will be placed on the grave of Vice President Colfax, which is located in the South Bend City Cemetery, located at 214 Elm St., South Bend, Indiana. NEW BUSINESS APPROVAL OF 4 APPOINTMENTS TO THE TRANSPO BOARD MATTHEW C. WILSON EMIL W. “LUCKY” REZNIK OLIVER J. DAVIS, JR. ANTONIUS M. NORTHERN REQUIRED PER IC 36-44-1-3 UNIFORM CONFLICT OF INTEREST Councilmember Dieter made a motion to accept the uniform conflict of interest forms for the Council’s appointments to the TRANSPO Board. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Henry Davis, Jr., noted that ABC 57 will be airing a story on Mini-Marts in South Bend. He also asked if the Council is enforcing the cell phone/electronic devices being used during South Bend Common Council meetings. He stated that he see Councilmembers using devices and wants to make sure that they are treaty everyone equally & fairly. He stated that the Police Chief was given time to speak at the Greater St. John Missionary Baptist Church recently. He stated that it has come to his attention that Chief Teachman’s speech was out of order. He feels that the Police Chief needs to apologize. PRIVILEGE OF THE FLOOR Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he took the new Police Chief’s comments on gun control on a public television program as very offensive. Mr. Davis commented Mayor Buttigieg joining other Mayor’s against gun violence. He also commented on the vacant & abandoned housing in South Bend. Sam Brown, Citizen United for a Better Government, 1405 LaSalle, South Bend, Indiana, questioned police cars going to certain properties. Lenny Grummel, 1919 S. Carlisle, South Bend, Indiana, commended Councilmember Henry Davis, Jr., for helping him and to address his concerns. He welcomed new Police Chief Ron Teachman to South Bend. He stated that he was concerned about Chief Teachman’s comments regarding gun control on WNIT. Tony Trinca, 139 Camden, South Bend, Indiana, asked the Council to speak into their wireless microphones. He stated that when then sit back in their chairs and cover their mouths when speaking the audience cannot hear them clearly. He urged them to pick the mic’s up and speak clearly into them. Joseph Wiltfong, 2405 Erskine Blvd., South Bend, Indiana, stated that regarding gun control, the U.S. Constitution states that we all have the right to bear arms. 17 REGULAR MEETING MARCH 11, 2013 Greg Brown, 1238 Diamond, South Bend, Indiana stated that Wal-Mart is still selling ammunition. He stated that he witnesses a seventeen year old purchase and leave the store with numerous boxes of ammunition. He stated that Teachman came in and started doing DUI Checkpoints, and there are people still getting shot in the neighborhoods. He stated that if he can’t wake you up, he going to shake you up. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:55 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 18