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HomeMy WebLinkAbout04-08-13 Common Council Meeting Minutes REGULAR MEETING APRIL 8, 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, April 8, 2013 at 7:00 p.m. The meeting was called to order by Council President Derek 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 March 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 Councilmember Dr. David Varner read into the record a letter dated April 8, 2013 and signed by Councilmembers Tim Scott, Henry Davis, Jr., Valerie Schey, David Varner, Oliver J. Davis, Derek Dieter and Karen White: Re: Century Center To: Mayor Pete Buttigieg and All Interested Parties: It is our understanding that a critical decision will be made on Wednesday, April 17, 2013, regarding the future management of the Century Center. The undersigned South Bend Common Council Members believe that a locally managed, self- operating model would best serve as the overall operations manager of the Century Center. A local entity would provide greater accountability to the South Bend taxpayers, and perhaps greater transparency. While it is commendable that all entities, which have submitted proposals are qualified to provide such management services, we believe that the lack of a local component such as Global Spectrum, should not be continued. We therefore believe the brightest future for Century Center, as a key player and destination site in downtown South Bend deserves professional local management. Thank you. 1 REGULAR MEETING APRIL 8, 2013 REPRESENTING THE CITY ADMINISTRATION WILL BE MIKE SCHMUHL-CHIEF OF STAFF RESOLUTION NO. 4250-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING AND HONORING THE MANY POSITIVE AND SUSTAINABLE CONTRIBUTIONS MADE BY PAT & BJ MAGLEY THROUGH THEIR CREATION OF HEROES CAMP Whereas, the Common Council of the City of South Bend, Indiana, notes that in 1996, the Indiana General Assembly established the Indiana Commission for Women (ICW); and Whereas, ICW is charged with “…assessing the needs of Indiana women & their families and with promoting the full participation of Indiana women in all aspects of society”; and Whereas, ICW “…created the concept of the Torchbearer Awards to honor the many Hoosier women who have overcome or removed barriers to equality or to whose achievements have contributed to making our state a better place in which to live, work & raise a family”; and Whereas, the statue, Victory, which stands atop the Soldiers’ and Sailors’ Monument in downtown Indianapolis was the image selected to represent the Torchbearer Award; with “… Victory being symbolic of the women honored, and the flame she holds represents the light our Torchbearers have brought to our state and their communities”; and Whereas, on March 6, 2013, in the Indiana Government Center North Building’s Auditorium in Indianapolis, Indiana, the 2013 Torchbearer Awards Program was held; and Whereas, Bobbie “B.J.” Magley, the wife of Pat Magley, who helped created Heroes Camp with her husband, was one of eleven women awarded this year’s Torchbearer Award. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of South Bend, Indiana, the Common Council is proud to publicly congratulate Bobbie “B.J.” Magley for her continuing positive contributions to the South Bend community and for being a recipient of one of the eleven 2013 Torchbearer Awards by the Indiana Commission for Women. Section II. The Council wishes “B.J.” and her husband, Pat, many, many years of continued success as they dedicate themselves to offering caring help and support to at-risk youths, who have the opportunity to realize life changing experiences at Heroes Camp. 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 8 day of April, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Henry Davis, Jr., made the presentation for this Resolution by reading it in its entirety and presenting it to Pat & BJ Magley. 2 REGULAR MEETING APRIL 8, 2013 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. Pat & BJ thanked the Council for this honor. Pat stated that he believes in South Bend and looks forward to working together. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Schey seconded the motion which carried. RESOLUTION NO. 4251-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING BOBBIE MAGLEY FOR HER MANY CONTRIBUTIONS TO THE SOUTH BEND COMMUNITY AND FOR BEING A RECIPIENT OF THE TORCHBEARER AWARD BY THE INDIANA COMMISSION FOR WOMEN , Whereas the Common Council of the City of South Bend, Indiana, notes that in 1996, the Indiana General Assembly established the Indiana Commission for Women (ICW); and , Whereas ICW is charged with “…assessing the needs of Indiana women & their families and with promoting the full participation of Indiana women in all aspects of society”; and , Whereas ICW “…created the concept of the Torchbearer Awards to honor the many Hoosier women who have overcome or removed barriers to equality or to whose achievements have contributed to making our state a better place in which to live, work & raise a family”; and , Whereas the statue, Victory, which stands atop the Soldiers’ and Sailors’ Monument in downtown Indianapolis was the image selected to represent the Torchbearer Award; with “… Victory being symbolic of the women honored, and the flame she holds represents the light our Torchbearers have brought to our state and their communities”; and , Whereas on March 6, 2013, in the Indiana Government Center North Building’s Auditorium in Indianapolis, Indiana, the 2013 Torchbearer Awards Program was held; and , Whereas Bobbie “B.J.” Magley, the wife of Pat Magley, who helped created Heroes Camp with her husband, was one of eleven women awarded this year’s Torchbearer Award. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of South Bend, Indiana, the Common Council is proud to publicly congratulate Bobbie “B.J.” Magley for her continuing positive contributions to the South Bend community and for being a recipient of one of the eleven 2013 Torchbearer Awards by the Indiana Commission for Women. Section II. The Council wishes “B.J.” and her husband, Pat, many, many years of continued success as they dedicate themselves to offering caring help and support to at-risk youths, who have the opportunity to realize life changing experiences at Heroes Camp. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 3 REGULAR MEETING APRIL 8, 2013 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 8 day of April, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Karen White made the presentation for this Resolution by reading it in its entirety and presenting it to Bobbie “B.J.” Magley. 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. Mrs. Magley thanked the Council for this honor. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Schey 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 7:17 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember Schey 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.13-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF ST. LOUIS BLVD. FROM WAYNE STREET NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS PART OF COTTRELL’S ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA Councilmember Oliver J. Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with no recommendation. Council President Derek Dieter asked City Clerk John Voorde to read into the record an e-mail sent to him from Don Schefmeyer regarding this alley vacation. With respect to the request to vacate the north-south east of St. Louis along Zion Church lot, I respectfully ask that any discussion be continued due to the late notification. I have certain 4 REGULAR MEETING APRIL 8, 2013 concerns about the implications of this and wish to have members of the neighborhood group (East Bank Village Partnership) aware of what is going on. Thank You, Don Schefmeyer, Owner of Property Adjacent Mr. Chester T. Gamble, 3996 Liberty Street, Bremen, Indiana, made the presentation on behalf of the Petitioner, Zion United Church of Christ, 715 East Wayne Street, South Bend, Indiana. Mr. Gamble advised that Zion United Church of Christ request’s the vacation of the alley that is bounded by properties of the church property on both sides. The vacation of the alley will allow for the continued use of the alley as part of the church parking lot and will also allow for the construction of a new Worship/Fellowship building to replace an existing building that will be removed. The City Engineer’s Office asked for dedication a 15’ triangular piece on the northwest corner of the cross-alley for the proper maneuvering of garbage trucks. Mr. Gamble agreed. 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 individual spoke in favor of the bill: Mr. Judy Waldo, Mishawaka resident, spoke in favor of this bill. She stated that she is a member of the Zion United Church of Christ. She stated that she is in a wheelchair and would like to be able to participate in Church activities. She stated that this bill would allow for the church to begin plans to construct a new Worship/Fellowship building that would be handicapped accessible. She urged the Council for their favorable consideration. The following individual spoke in opposition to the bill. Mr. Don Schefmeyer, owner of property adjacent, stated that with respect to the request to vacate the north-south east of St. Louis along Zion Church lot, I respectfully ask that any discussion be continued due to the late notification. I have certain concerns about the implications of this and wish to have members of the neighborhood group (East Bank Village Partnership) aware of what is going on. Mr. Schefmeyer stated that he really is not objecting, but has concerns that he has not seen any plans/drawings for the new building. He stated that he is concerned that the new building may be so close to his building that it might make obtaining property permits for his existing building difficult. In rebuttal, Mr. Gamble stated that he cannot respond tonight for the congregation. He stated that this is church owned existing property. Council Attorney Kathleen Cekanski-Farrand stated that there is a four (4) prong test when it comes to the Council and property vacations. She stated that the first prong is whether or not the vacation would hinder growth. She stated that with Mr. Schefmeyer’s concerns raised this evening that they fall under this first prong. Mr. Gamble agreed to the continuance until April 22, 2013 After much discussion between Councilmembers regarding the hopeful outcome that the two parties can work together to reach a mutual agreement, Councilmember Gavin Ferlic made a motion to continue this bill until April 22, 2013. Councilmember Dr. Fred Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 5 REGULAR MEETING APRIL 8, 2013 BILL NO. 09-13 PUBLIC HEARING 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 Councilmember Dieter made a motion to continue this bill until the May 13, 2013 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 1998 AND SEWAGE WORKS REVENUE BONDS OF 2004, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FIFTEEN MILLION SEVENTY-FIVE THOUSAND DOLLARS ($15,075,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Valerie Schey, Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. st Mr. Philip Faccenda, Jr., Attorney, Barnes & Thornburg, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Faccenda advised that this bill for City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 2013 A for refinancing prior sewage works bonds of the City of South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole 6 REGULAR MEETING APRIL 8, 2013 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 7:47 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 10226-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 1998 AND SEWAGE WORKS REVENUE BONDS OF 2004, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FIFTEEN MILLION SEVENTY-FIVE THOUSAND DOLLARS ($15,075,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4252-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1047 LINCOLNWAY EAST 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: 7 REGULAR MEETING APRIL 8, 2013 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: 1047 Lincolnway East In order to permit: Manufacturing of Food Products in a “LB” District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- 09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, South Bend/St. Joseph County Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the Area Board of Zoning Appeals report. Mr. Lyons advised that the petitioner is seeking a special exception to allow manufacturing of food products in a “CBD” District, on property located at 1047 Lincolnway East. He stated that the Area Board of Zoning Appeals held a public hearing on March 6, 2013 and sends this bill to the Common Council with a favorable recommendation. Mr. Sean Meehan, 2416 River Avenue, Mishawaka, Indiana and Mr. Andrew Walton, 26559 St. Rd. 2, South Bend, Indiana, made the presentation for this bill. Mr. Meehan advised that he and Mr. Walton are seeking a Special Exception to allow manufacturing of food products in a “LB” District, on property located at 1047 Lincolnway East, Portage Township, Zoned “LB” Mr. Walton stated that the would like to start the brewery and 8 REGULAR MEETING APRIL 8, 2013 produce packaged beer before they open the main pub portion. He stated that it would include an ale house (restaurant) and a pub portion in the same building. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4253-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE SETTING OF A PUBLIC HEARING ON A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A FIRE STATION AND A FIRE SAFETY TRAINING FACILITY, AUTHORIZING THE PUBLICATION OF A NOTICE OF THE SAME, AND REGARDING CERTAIN RELATED MATTERS Whereas, the Common Council (the “Common Council”) of the City of South Bend, Indiana (the “City”) has determined that it is necessary to undertake certain improvements consisting of (i) the construction, erection, equipping and leasing of a fire station facility to replace the existing Fire Station #5 located at 2221 Prairie Avenue in the City, and (ii) the construction, erection, equipping and leasing of a fire safety training facility located generally on a 5.5 acre parcel near Sample and High Streets in the City (collectively, the “Projects”); and Whereas, the Common Council considers it necessary to pursue the financing of the Projects by the issuance of first mortgage bonds (the “Bonds”) by the City of South Bend Building Corporation (the “Building Corporation”) which would be paid from lease rental payments made by the City to the Building Corporation; and Whereas, said lease rental payments will be structured such that said lease rental payments will be paid from the Emergency Medical Service Funds (the “EMS Funds”) expected to be received by the City and, if such EMS Funds are ever insufficient, from a tax levied by the City for such purpose; and Whereas, the EMS Funds are expected to be sufficient to pay said lease rentals, and the pledge of a tax levy will be used to provide additional security to obtain a more favorable bond rating on the Building Corporation’s bonds which will provide a significant savings to the City because of the lower interest rates that a more favorable bond rating will achieve; and Whereas, because the City expects to pay said lease rentals from the EMS Funds, the Projects do not constitute “controlled projects” as provided by Indiana Code 6-1.1-20-1.1; and Whereas, the Common Council desires to hold a public hearing regarding the determination to enter into such a lease to provide for the financing of the Projects; and Whereas, the Common Council further desires to initiate a petition of taxpayers requesting the City enter into a lease of the Projects with the Building Corporation; and NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby authorizes a hearing to be held by this Common Council pursuant to INC. 36-1-10 for the purpose of receiving public input regarding the determination to enter into a lease for the purpose of completing a lease financing for the Projects. Such hearing shall be held at a regular meeting of the Common Council on April 22, th 2013, at 7:00 p.m. (local time), in the Council Chambers, 4 Floor, County-City Building, and South Bend, Indiana. 9 REGULAR MEETING APRIL 8, 2013 Section II. The Common Council hereby authorizes and directs the administrative staff of the City, with assistance from counsel, to provide notice of such hearing as required by law and to initiate the circulation of a petition of taxpayers requesting the City enter into a lease for the Projects with the Building Corporation. Section III. The Common Council desires to receive a petition of taxpayers requesting that that the City enters into a lease of the Projects with the Building Corporation. Section IV. The Common Council hereby indicates on behalf of the City its intent to reimburse certain preliminary expenses related to the Project which have been or will be incurred by or on behalf of the City prior to the issuance of the Bonds from the Proceeds of the Bonds, pursuant to Indiana Code 5-1-14-6 and in compliance with Section 1.150-2 of the Treasury Regulations. Section V. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember 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. Steve Cox, Fire Chief, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, and Randy Rompola, Faegre, Baker, Daniels, 202 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that discussions have been ongoing about the need to replace Fire Station #5 located at 2221 Prairie Avenue in South Bend, and the benefit to the City of constructing a fire safety training facility in South Bend. Mr. Rompola advised that this bill approves and authorized the execution of a Lease whereby construction of both new Fire Station #5 and the fire safety training facility will be achieved through a lease between the City as lessee and the City of South Bend Building Corporation as lessor, for a term not to exceed twenty one years, at a lease rental rate of not more than $561,000 per years, payable in semi-annual installments of $280,500 each. The proposed Lease is also attached. It is expected that lease rental payments shall be payable from the Emergency Medical Services Fund (EMS Funds), and that EMS Funds will fully cover the Lease costs. Should EMS Funds and other revenues be insufficient for this purpose, the Lease has been structured so that the tax levy will serve as back-up only; this will enable marketing of the Building Corporations bonds at a lower rate of interest. He stated that this project does not constitute a “controlled project” as such term is defined by IC 6-1.1-20.1 because such rentals are reasonably expected to be paid from funds other than property taxes that are exempt from the levy limitations of IC 6- 1.1-18.5. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 15-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ASSUMPTION DRIVE THAT 10 REGULAR MEETING APRIL 8, 2013 LOOPS FROM LOCUST ROAD, THIS LOOP STREET IS APPROXIMATELY 1,750 FEET AROUND FROM LOCUST ROAD TO LOCUST ROAD AND HAS A WIDTH OF 50 FEET, SAID STREET WAS DEDICATED TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 22, 2013. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA 46619, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17-13 FIRST READING OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A NEW FIRE STATION AND A NEW FIRE SAFETY TRAINING CENTER AND REGARDING CERTAIN RELATED MATTERS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 22, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Oliver Davis advised that he will continue to ask the administration for updates regarding the New Energy (Ethanol) Plant. Councilmember Henry Davis stated that there will be a joint meeting of the Community Relations Committee and the Residential Neighborhoods Committee to discuss Bill Nos. 14-13, amending the South Bend Municipal Code addressing accountability of government actions on buildings declared vacant or abandoned, and Bill No. 13-18, calling for a temporary moratorium on demolition of buildings which are not a health and public safety hazard. Councilmember Davis questioned the Council’s priorities. He stated that the Council needs to sit down and set their priorities. Council President Dieter stated that he will send out a letter to Councilmembers for priorities. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR 11 REGULAR MEETING APRIL 8, 2013 Bill Sykes, 18927 Darden Road, South Bend, Indiana, stated that in light of the events that happened today at Animal Care and Control,(SBACC) one man does not define a job place or an organization, it is the people that work in that situation that are willing to accept orders and do things that they know are wrong. So it is not just one man who is totally responsible. He stated that he ran into an old friend Candy Huffman and she wanted him to relate this story to the Council. Approximately six months ago, she wanted to adopt a beautiful gentle puppy, his breed was that of a Rottweiler. She visited him daily and became quit fond of him and wanted him to be a companion to her family and dog. The lady at the counter at SBACC said that her application was first and would be able to take him home as soon as the gentleman who does the adoptions comes back from being on vacation. So every day she went to SBACC to visit, the following week rolled around and came to the shelter expecting to take him home that day, to find out that the man put the puppy to sleep. She stated that he was a baby approximately five to six months old, not aggressive in anyway. She stated that she lives in a nice home in the country, 12 acres of land, 5 acres that surrounds her home is fenced and secure. The lady at the counter at SBACC said the puppy was put to sleep and there was a mistake in the paperwork. So an innocent puppy was killed for no reason. She said that she feels strongly that he was put down because of his breed. She stated that there are no bad pets, only bad pet owners. She stated that her daughter took the news so hard. Barbara Jewel, 821 Gartner Avenue, South Bend, Indiana, asked that her letter be read into the record: Ladies and Gentlemen, in the mid 1980’s, I was the Convention and Tourism Coordinator of the St. Joseph County Chamber of Commerce. During that time there were five (5) of the World’s Largest Events that took place in South Bend and at the University of Notre Dame. There were: 1. AYOP or America’s Youth on Parade – still being held at the University of Notre Dame. 2. The RV Show now being held in Elkhart. 3. Winnie Watson’s Plate Collector’s Club sold to a company located in Illinois. 4. The Wally Bayum Caravan Club or better know as the Air Stream RV’s. 5. The Studebaker’s Driver’s Club which now meets every 5 years. While at the Chamber, it was stated for every new dollar spent in our community, there was a domino effect of eight. Recently when I called the Chamber, I was told they state there is a domino effect of seven for every new dollar spent in our community. That has a tremendous effect on what happens here. It affects many people and businesses. In essence, every event held within our community brings dollars, new dollars, into our area. Century Center is a beautiful building that has the capacity to bring large amounts of income to our community. Last Friday’s South Bend Tribune ran an article stating that the Board of Public Works, on Thursday, recommended SMG, a company based out of Philadelphia, be awarded the contract to manage and operate Century Center. They were one of three vendors vying for the position as manager. Astoundingly, Global Spectrum, the previous manager, also out of Philadelphia, was one of the three. The other vend was South Bend Hospitality. What was so shocking was that Global Spectrum wanted to continue to manage Century Center. In 2006, Global Spectrum was hired to replace Brian Hedman, the longstanding Century Center manager, who was retiring. During the time that Global Spectrum was in charge of Century Center, and according to the report put out by AECOM, a report paid for by redevelopment monies, there were devastating loses of over a million dollars a year. Having worked as the Convention and Tourism Coordinator and having a close relationship with many of the events that took place at Century Center, I was devastated to know Global Spectrum was allowed to lose these massive amounts of monies and not called on the carpet before their contract was up. 12 REGULAR MEETING APRIL 8, 2013 To realize they had the audacity to put their name in to continue as managers of Century Center is beyond words. Apparently they have no shame in the fact that they have cost our community millions of dollars. It has been reported to me by a Council member that Global Spectrum was relying on the Hotel/Motel Tax to pay the bills entirely. The Hotel/Motel Tax, as you must be aware, has always been the underlying source of funding for Century Center. However, by no means was it set up to be the total control of support for the building. Explanations need to be made as to why Global Spectrum was allowed to incur the massive amounts of losses of monies. There needs to be an investigation. Why has it taken years for the public to be informed of these losses? Have illegal actions taken place? If it is found that illegalities have taken place, then charges need to be filed. We need answers, not excuses. It is disheartening to know that the fox is in the hen house and has been for years. While I was at the Chamber, there were the same complaints about our downtown that I still hear. Those noises were about the inability to draw people to the downtown area. Not enough or variety of entertainment, restaurants, shopping and other means that would draw people. It is no different now than it was then except there is less now than back in the 1980’s. I would like to suggest that a close watch be kept on the Century Center Board and that the Board be brought up to compliance, as it is not in compliance. A close watch needs to be kept to make sure that the managing company fulfills what they are being hired to do. That is, bring in business, good business, to our community. Thank You. Josiah Martino, 1013 W. Street, South Bend, Indiana, asked if there was an easier way to streamline the tax appeals process. Patty Russworm, 1411 Northside Blvd., South Bend, Indiana, asked what happened with Bill No. 09-13 that was on tonight’s agenda? Council Attorney Kathleen Cekanski-Farrand stated that the bill was continued until May 13, 2013. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:11 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 13