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HomeMy WebLinkAbout10-13-14 Common Council Meeting MinutesREGULAR MEETING OCTOBER 13, 2014 1 Disclaimer: Undergoing technology updates experienced some lost of video & audio recording for dictation. 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, October 13, 2014 at 7:00 p.m. The meeting was called to order by Council President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott 1st District Henry Davis, Jr. 2nd District Valerie Schey 3rd District Dr. Fred Ferlic 4th District Dr. David Varner 5th District Oliver J. Davis 6th District, President Derek Dieter At-Large, Vice 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 Absent: Kareemah Fowler Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember White made a motion that the minutes of the September 22, 2014, meeting of the Council be accepted and placed on file. Councilmember Dr. Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT ACKNOWLEDGING ORGANIZATIONS PRESENT: BOYSCOUT TROOP 572 FROM CHRIST KING LUTHERAN CHURCH Council President Oliver Davis welcomed back Pete Buttigieg BILL NO. 14 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING AND THANKING MARK NEAL FOR HIS EXCEPTIONAL PUBLIC SERVICE TO OUR CITY AND THE CITIZENS OF SOUTH BEND AS CITY CONTROLLER AND DEPUTY MAYOR REGULAR MEETING OCTOBER 13, 2014 2 REGULAR MEETING OCTOBER 13, 2014 3 City Council President Oliver Davis presented the resolution to Deputy Mayor Mark Neal for exemplary service in Mayor Buttigieg absence. It has been a joy to work with Mark. Mark has been a steady rock that has helped the city grow. Mayor Pete, thank you for taking the initiative for honoring Deputy Mayor Mark Neal. He has been an exemplary example of a great recruit, it was a great relief to me that the city was run well in my absence. We are very eager to keep you involved and we thank you for your service. Deputy Mayor Mark Neal, is has been an honor to work with all of you and serve the residences of South Bend. It is truly an exciting time in South Bend. The best is yet to come for this city and the residence. I know there is a lot to be done, but there a lot of good things going on. Thank you all very much. Councilmember Scott- I truly enjoyed working with you. I appreciate the service that you gave to our community. It was truly a joy to work with you. Thank you. Councilmember Henry Davis- I hope you had fun, I think you were a valuable asset. I appreciate your willingness to answer questions and to find out if you didn’t know. I hope your family now enjoys you more. Councilmember Schey- Mark I admire your talents, your compassion, and your patience and commitment to public service. It has been an honor to work with you. Thank you so much. Councilmember Dr. Ferlic- As an epitome of a public servant, few people possess your humility. Lastly I admire your optimism, if you went into the emergency room with 105 temperature you would say this is an opportunity. I will not use the word opportunity any longer. Councilmember Dr. Varner- I concur, you did a fine job and have been a fine representative. I enjoyed working with you. I wish you all the best for your future. Don’t be a stranger. Councilmember Dieter- Like everyone else already said the positive attitude, the countless hours, the Mayor could not have picked a better person to represent the city while he was out. Thank you for all the good things you’ve done for South Bend. Councilmember Gavin Ferlic- Thank you the city is a better place because of your service. Councilmember White- Deputy Mayor Mark Neal, I sincerely thank you for your commitment to the city, it has been a pleasure working with you. I appreciate the spirit in which you accepted my feedback. The city is a better place because of you. You did an excellent, you will be truly missed. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Cecil Eastman- Offices on the 12th floor- I began my career here in 2012 after an interesting conversation with Mark Neal. This is the best job I’ve ever had, I owe it to Mark Neal and John Murphy. Kathryn Hurtz- Offices on the 14th floor- It has been a pleasure to work with him over the last several months. I appreciated the leadership that he provided. I thank him for his dedication and service. Councilmember Dr. Varner made a motion to adopt by acclamation bill 14-88. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes REGULAR MEETING OCTOBER 13, 2014 4 BILL NO. 14 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING DEB MARTIN, THE PRINCIPAL OF MADISON PRIMARY CENTER FOR WINNING THE 2014 INDIANA GOVERNOR & CHERI DANIELS SCHOOL HEALTH AWARD Councilmember Scott presented the resolution for Deb Martin for winning the 2014 Indiana Governor & Cheri Daniels School Health Award. Thank you so much for going above and beyond. Trisha Deal- My son went to her school. She does a fantastic job as principal and we miss her dearly as she is at another school. She will do a fantastic job wherever she is. Mayor Pete Buttigieg- Madison is very near and dear to my heart, as I see it every morning in front of my house. Every time I have the chance to go over there I see energy, I see the good work that’s going on there, I see leadership with the principal. I know how important it is to promote healthy living because they will grow up to be healthier adults and our city will be better off. Councilmember Henry Davis- Thank you for your commitment. I think a lot of teachers get a bad rep, and hurt is in public education. This is the reason why teachers need to get raises, and schools are not that bad. I applaud you for your commitment, all of you. Councilmember Schey- I am truly humbled. I admire what all of you do as you are working with our future. Councilmember Dr. Ferlic- Besides my parents my teachers were the most influential people in my life, you are the ones who will help change society around. Councilmember Oliver Davis- Congratulations to you and to the staff at Madison, my old school. One positive word can change a child’s life, change a family, and change a city. You lead by example, thank you for starting that spark in each child every day. Councilmember Dr. Varner- Congratulations on your award. It is a good staff that helps you to, we all recognize that. So congratulations and best wishes in the future. Councilmember Dieter- Great job, you have a fabulous, I think it is the leadership that you have shown, that comes down to everyone there. Great job with the kids. You have done a tremendous job, very proud, keep up the good work. Councilmember Gavin Ferlic- Thank you so much for what you do as a principal and especially to promote health in this community. Thank you. Councilmember White- Thank you so much for this recognition, I appreciate all of your hard work. I can’t think of any better way to live than to shape and mold them. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Dr. Ferlic made a motion to adopt by acclamation bill 14-89. Councilmember Schey the motion which carried by a voice vote of nine (9) ayes BILL NO. 14 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROCLAIMING THAT THE 3RD WEEKEND IN JULY BE DEDICATED AS SPIRIT ANIMAL NATION WEEKEND AT POTAWATOMI PARK REGULAR MEETING OCTOBER 13, 2014 5 Councilmember Dr. Ferlic, presented that the 3rd weekend in July be dedicated as Spirit Animal Nation Weekend. He stated that this will be bring a lot of smiles to people faces. Councilmember Dr. Ferlic read resolution 14-93. Rod- It is a pleasure, and honor to be a part of that tradition. Growing up in an Indian Tribe nothing is more important to us than tress. We have the oldest park, the oldest tree, and it will be incredible to see the animals in the park, and being able to see the kids smile during that weekend. You truly you have the best of both worlds. I thank every one of you. It has been a wonderful journey. Councilmember Dr. Ferlic- I would like to thank John Voorde as it was a wonderful gesture that he took this on. Councilmember Tim- Thank you for everything you do. A lot of people don’t see the beauty and art work that is captured in a tree. Thank you for what you’re doing. Councilmember Henry Davis- Since day one I thought it was a great idea. I’m looking forward to seeing the finished products. Just one request, my daughter wants a panther in her front yard. Councilmember Schey- Rod thank you for your passion. It has been very exciting. Council President Oliver- I look at today as we honor this weekend a way to celebrate today and celebrate the Indian culture. Thank you. Councilmember Dr. Varner- the project sounded interested but was curious as to what the outcome was going to be. A year and a half in to it, it is beyond the expectations that I have had. Thank you. Councilmember Dieter- Thank you for all the work you’ve done. If you want to come to the west side we have plenty of parks, so let me know if you want to get some work done. Thank you. Councilmember Gavin Ferlic-Thank you for all the hard work that you’ve done. I appreciate it. Councilmember White- Thank you so much. I appreciate you dropping the book by. Rod-My dad was the first Goodchild to graduate, first to ever go to college, the first to graduate an engineer, the first to run this scope for 35 years until he retired, he built the Marian football and track, which inspired me. I thank you all for understanding how important it was to me to save the trees and not to see anymore chopped down. Thank you very much. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF – KATHRYN ROOS REPORTS OF CITY OFFICES There were no reports of City Office at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:36 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember Schey, 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 Schey stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS REGULAR MEETING OCTOBER 13, 2014 6 (BILLS 43 -14, 44 -14, 45 -14 & 46 -14 COUNCIL PORTION ONLY) BILL NO. 43 -14 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 Councilmember Schey Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Councilmember Dr. Varner, before the motion for the tax levy that was addressed this afternoon, I think it is important to explain this to the public if that’s okay with you? (Council Attorney confirmed allowing for a brief explanation) Presenter: John- in this ordinance this effects total funds in the civil city: the general fund, parks and recreation fund, cumulative capital development fund, and bond fund. The actual property tax rate is determined by our local government and finance in February after the net assessed values, so this is important that we get this passed. Councilmember Schey- for members of the community joining us tonight, the council will vote on a tax levy rate which is controlled by the property tax cap. 1% assessed value, 2% for rental properties, and 3% if it’s a business, although reviewing this info, the tax levy will be capped on those percentages. John- you are correct Councilmember Schey. Council Attorney in Section 1, it was changed in the second line where it says fiscal year 2014, should be collected in 2015, so we need an amendment. Councilmember Dr. Varner sole moved, motion seconded by Dieter, which carried by a voice vote of nine (9) ayes. Councilmember White made a motion for substitute bill 43-14 as amended. Councilmember Mr. Ferlic seconded the motion, which carried forward by a voice vote of nine (9) ayes. Councilmember Scott, made a motion for favorable recommendation on this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes BILL NO. 44 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Dr. Varner made a motion to continue bill 44-14 and referred to the Personnel and Finance Committee until October 27, 2014 in the council portion only. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED REGULAR MEETING OCTOBER 13, 2014 7 ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Schey reported Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Presenter: John Murphy/City Controller- The first bill is the budget for the enterprise fund which are the business type funds for the city, they don’t’ receive property taxes. Our largest enterprise is our solid waste, so we ask for favorable recommendation Councilmember Dr. Varner, made a motion for favorable recommendation on this bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 46 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2015 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 Councilmember Schey, Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Presenter- Chris Kuzovak-1401 S Lafayette- Control of Transpo, we are seeking approval by 2015 budget, $10 million more which is about 3.3% over the prior year. Councilmember Dr. Varner, made a motion for favorable recommendation on this bill. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. (COUNCIL ONLY PORTION CLOSED) BILL NO. 49 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2015 Councilmember Schey Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Presenter- John Murphy- This sets the salary for the Mayor at $102,440 it is a 2% increase which is consistent with the non-bargaining salary ordinance. Councilmember Henry Davis- these raises are they given on merit, is there a criteria that allows a person to get more or is it because one person gets it everybody else should get it? I’m not singling out anyone just want to know for general reference. John, the non-bargaining sets the maximum that can be paid, in this case he would be paid this amount. We do not have merit or bonus system in place. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING OCTOBER 13, 2014 8 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Varner, made a motion for favorable recommendation on this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR CITY CLERK FOR CALENDAR YEAR 2015 Councilmember Schey Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Presenter- John Voorde- The city clerk salary is set at 2% increase which is consistent with the non-bargaining salary ordinance. I’m grateful for it and hope you support it. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis, when you award pay raises, how do you award pay raises? John Voorde, my judgment where in the allowable pay range based upon duties that people are paid, my own salary is judged by the elector, within my office, I have asked for special adjustments, due to them taking on additional job duties, and serving well. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Varner, made a motion for favorable recommendation on this bill. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 51 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL FOR CALENDAR YEAR 2015 Councilmember Schey Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Presenter: Council President Oliver Davis- 1801 Nash St- We are joining in with everyone to ask for the same 2%, to $18, 292 and this is with 27 paychecks next year. Councilmember Henry Davis- Based on Council performance, how does this work, do we continue to do 2% raises each year? Council President Oliver Davis- As we are able to it is better to have improved working conditions on all levels, and for us to be consistent. Councilmember Henry Davis- I’m an advocate that these positions should go to full time status given the amount of work, and that you are always on call. I don’t think people don’t understand the roll of a Councilman, the amount of time for boards, committees, and out in the community. Council President Davis- I think that the understanding of our role, you have to be in our role. The key is to move forward, and a lot of entities based what we do off of their merit so it’s important to the community. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Scott, made a motion for favorable recommendation on this bill. Councilmember Dr. Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Dieter. REGULAR MEETING OCTOBER 13, 2014 9 BILL NO. 52 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR 2014, 2015, 2016 Councilmember Schey Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Presenter- John Murphy-City Controller- this is a negotiated agreement asked by council to set a max on wages. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Varner, made a motion for favorable recommendation on this bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BIL NO. 53 -14 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON -BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2015 Councilmember Schey Personnel and Finance Committee met earlier today and sends this bill to the full Council with a favorable recommendation. Presenter- John Murphy-City Controller- The non-bargaining ordinance we received a salary cap for wages. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Scott, made a motion for favorable recommendation on this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 BILL NO. 55 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 Councilmember Scott made a motion to continue Bill Nos. 54-14 and 55-14 to refer to Health and Public Safety until October 27, 2014. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT REGULAR MEETING OCTOBER 13, 2014 10 Councilmember Scott made a motion to rise and report to full Council. Councilmember Dr. 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 8:01 p.m. Council President Oliver Davis, presided with nine (9) members present. BILLS – THIRD READING Council President- We have moved the discussions for the TIF issues bill 14-91 & bill 14-94 will be heard October 27, 2014, in the afternoon meeting at 3:30pm and in the evening starting at 7:00pm. BILL NO. 43 -14 THIRD READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 This bill had third reading. Council Attorney requested a motion to amend as it was in the Committee of the Whole. Sole moved by Councilmember Dr. Varner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White made a motion to pass this bill as amended. Councilmember Mr. Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 45 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Scott made a motion to pass bill 45-14. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 46 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2015 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION REGULAR MEETING OCTOBER 13, 2014 11 FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 This bill had third reading. Councilmember Scott made a motion to pass bill 46-14. Councilmember Schey seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 49 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2015 This bill had third reading. Councilmember Schey made a motion to pass bill 46-14. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes, and one (1) nay by Councilmember Henry Davis. BILL NO. 50 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2015 This bill had third reading. Councilmember Dieter made a motion to pass bill 50-14. Councilmember Mr. Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 51 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL FOR CALENDAR YEAR 2015 This bill had third reading. Councilmember Schey made a motion to pass bill 51-14. Councilmember Mr. Ferlic seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes, one (2) nay by Councilmember Dieter, and Councilmember Scott. BILL NO. 52 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014, 2015, 2016 This bill had third reading. Councilmember Scott made a motion to pass bill 52-14. Councilmember Mr. Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 53 -14 THIRD READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2015 This bill had third reading. Councilmember Dieter made a motion to pass bill 52-14. Councilmember Mr. Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 14 -84 A RESOLUTION OF THE COMMON COUNCIL OF REGULAR MEETING OCTOBER 13, 2014 12 THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 746 S. ARNOLD REGULAR MEETING OCTOBER 13, 2014 13 REGULAR MEETING OCTOBER 13, 2014 14 REGULAR MEETING OCTOBER 13, 2014 15 Councilmember Scott, Chairperson, Zoning and Annexation Committee met this afternoon and sends bill 14-84 to the full Council favorably. Presenter- Chuck Buhler- 125 S Lafayette- At the September 3rd meeting, request a special exception to allow a communications tower within 500 feet of a residential district, from a vinyl coated fence, to no fence, from required screening to no screening was heard and comes with a favorable recommendation. Petitioner-Joseph Trimboli- 746 S Arnold St- we are requesting approval of the zoning for the property for installation for communications tower for our wireless internet business. Councilmember Dr. Varner- How did you come to avoid the screening and the fencing for the tower? Petitioner responded the property is already fenced, there’s fencing along the property that was already there. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Varner made a motion for adoption for bill 14-84. Councilmember Dr. Ferlic seconded the motion which carried by a roll call count of nine (9) ayes. BILL NO. 14 -85 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 509 S. EDDY ST REGULAR MEETING OCTOBER 13, 2014 16 REGULAR MEETING OCTOBER 13, 2014 17 REGULAR MEETING OCTOBER 13, 2014 18 Disclosure: Councilmember Mr. Ferlic 14-85 & 14-86 involve a matter that pertains to my employer, so I recuse myself from the vote. Councilmember Scott, Chairperson, Zoning and Annexation Committee met this afternoon and send bill 14-85 to the full Council favorably. Presenter- Chuck Buhler- 125 S Lafayette- At the September 3rd meeting, this petition for a special exception to co-locate a communication antenna on an existing billboard was heard and comes to you with a favorable recommendation. Petitioner- Scott Garcia- representing Verizon Wireless & Burkhart Advertisement- -2004 Coneflower Ct, Yorkville, Il- We are asking for approval for the co-location of a small facility to be located on the existing Burkhart billboard sign. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Schey made a motion for adoption for bill 14-85. Councilmember White seconded the motion which carried by a roll call count of eight (8) ayes. BILL NO. 14 -86 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 609 E. LASALLE REGULAR MEETING OCTOBER 13, 2014 19 REGULAR MEETING OCTOBER 13, 2014 20 REGULAR MEETING OCTOBER 13, 2014 21 Councilmember Scott, Chairperson, Zoning and Annexation Committee met this afternoon and send bill 14-86 to the full Council favorably. Presenter- Chuck Buhler- 125 S Lafayette- At the September 3rd meeting, this petition for a special exception to co-locate a communication antenna on an existing billboard was heard and comes to you with a favorable recommendation. Petitioner- Scott Garcia- representing Verizon Wireless & Burkhart Advertisement- 2004 Coneflower Ct, Yorkville, Il- We are asking for approval for the co-location of a small facility to be located on the existing Burkhart billboard sign. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Scott made a motion for adoption for bill 14-86. Councilmember Schey seconded the motion which carried by a roll call count of eight (8) ayes. BILL NO. 14 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1203 NORTH NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MICHAEL SEAMON REGULAR MEETING OCTOBER 13, 2014 22 REGULAR MEETING OCTOBER 13, 2014 23 REGULAR MEETING OCTOBER 13, 2014 24 REGULAR MEETING OCTOBER 13, 2014 25 Presenter was not present for this bill. Council Attorney Kathy we need a motion to continue bill 14-90 until October 27, 2014. So moved by Councilmember Scott, which was seconded by Councilmember Mr. Ferlic which carried by a voice vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 56 -14 FIRST READING ON A DESCRIBED PROPERTY COLFAX AVENUE FROM N/S ALLEY BILL TO VACATE THE FOLLOWING THE FIRST E/W ALLEY SOUTH OF LAFAYETTE BLVD. TO THE FIRST This bill had first reading. Councilmember Schey made a motion to refer bill 56-14 to Public Works & Property Vacations for Second and Third Reading for Public Hearing on October 27, 2014. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57 -14 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY This bill had first reading. Councilmember Schey made a motion to refer bill 57-14 to Public Works & Property Vacations for Second and Third Reading for Public Hearing on October 27, 2014. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.58 -14 FIRST READING ON A BILL TO AMEND THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Schey made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on October 27, 2014. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM THE AREA BOARD OF ZONING APPEALS BILL NO. 14-92 – SPECIAL EXCEPTION – 3226 E. JEFFERSON BLVD. Councilmember Henry Davis, Jr. made a motion to refer bill 14-92 to the Zoning & Annexation Committee and set them for Second and Third Reading for Public Hearing on October 27, 2014. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes NEW BUSINESS Council President Davis stated when it comes to questions regarding the youth council, I have asked the council attorney to look at what our roles are and how to deal with areas of activity for leadership. We will be meeting with District members regarding that matter over the next couple weeks to make a presentation at our meeting on October 27, 2014. REGULAR MEETING OCTOBER 13, 2014 26 Councilmember Schey- Our County Assessor joined us earlier in Personnel and Finance. For residents who received an increase in their accessed value for their property. For those who had an issue on the increase of the assessment or want to file an appeal, you have until November 18, 2014 to do so. I printed out the forms, for those wishing to file an appeal and that would be on the third floor. Councilmember Henry Davis- I need some help, I’ve been emailing and calling Public Works, I need some signs for the MLK recreational center and the other recreational center that give directions towards the center. People get lost when going to participate in community events. We need some signs as possible, so people know what to go. Dr. Ferlic I agree with you whole-heartedly about the violence issue. There is violence in all districts, I hope we all look at violence being the same. I think we are dealing with it because we have huge impoverished areas. W need to start reinvesting in our neighborhoods, if we don’t the violence will continue. Council President- If we can send a letter to the county area for those who beautified this room. The chairs and the carpet look nice. They deserve a round of applause for this room. I just want to say thank you. PRIVILEGE OF THE FLOOR Clarence Franklin- 4720 Merryville Circle apt 6- My application for housing for a federal program was rejected and my rights to dispute the rejection was denied by District Rep Oliver Davis, I asked him to seek federal intervention because of the criminality that I encountered in the application process. I then notified Derek Dieter about Oliver Davis, and still I have no response from the Common Council. I have included the copies of these documents. Samuel Brown- 222 E Lebron St- I represent Citizens United for a Better Government- We encountered a police officer walking in a high crime area, I asked him what he was doing. He was walking to get public opinion, they wanted to know why the Mayor will not walk with the Officers. The nation is under a great siege, with what happened in other cities do we have the leadership to have this not happen here. We need to speak out. Rhonda Richards-1020 Clover St- I came to make my statement about the complaints I filed. After hearing that Council Attorney will be looking at some of the complaints, I hope mine will be reviewed and I look forward to seeing how you deal with that. I hope that you stand up and be the leaders that we elected you to be. ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 9:35 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Oliver Davis, President