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HomeMy WebLinkAbout04-22-13 Common Council Meeting Minutes REGULAR MEETING APRIL 22, 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 22, 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 White made a motion that the minutes of the April 8, 2013, meeting of the Council be accepted and placed on file. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Dieter made an announcement that the Monday, May 27, 2013 meeting of the Council will be moved to Wednesday, May 29, 2013 due to the Memorial Day Holiday. Council President Dieter welcomed the IUSB Journalism Class. Council Attorney Kathleen Cekanski-Farrand gave an update on possible litigation. She stated that this morning she received a letter from the U.S. Department of Justice that was sent to the Legal Department to check for dates for interviews with each of the Councilmembers with regard to a Special Exception that the Council acted upon last year. She asked the Councilmembers to check their calendars and those dates and she will schedule a meeting prior to that so that they all have a good idea of what it to take place. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE MIKE SCHMUHL-CHIEF OF STAFF BILL NO. 13-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE MANY POSITIVE OUTREACH PROGRAMS OF MAMAS AGAINST VIOLENCE ON TH THE 10 YEAR ANNIVERSARY 1 REGULAR MEETING APRIL 22, 2013 Councilmember Schey made a motion to continue this bill until the May 13, 2013 meeting of the Council. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4254-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING AND HONORING FORMER COUNCIL MEMBER, MAYOR AND PROBATE JUDGE PETER J. NEMETH Whereas, the Common Council of the City of South Bend, Indiana, acknowledges that Peter J. Nemeth attended St. Patricks’ Grade School, graduated from St. Joseph High School, pursued his undergraduate degree at the University of Arizona, & his law degree at Columbia Law School; and Whereas, Peter J. Nemeth served on the South Bend Common Council for a four (4) year term, and from 1972 through 1974 he served as Council President; and Whereas, at the age of 33, Peter J. Nemeth was elected Mayor of the City of South Bend and served from 1976 to 1980, a time when the Century Center and the 1st Source Bank/Marriott Hotel complex were being developed and constructed, and when a significant expansion and major upgrades were made to South Bend’s Potawatomi Zoo; and Whereas, known as a hard-working practicing attorney and former Deputy Prosecutor, in 1993, Peter J. Nemeth was appointed by Governor Evan Bayh to serve as the Judge of the St. Joseph County Probate Court where he served with distinction until his retirement at the end of 2012; and Whereas, Judge Nemeth played a key and instrumental role in developing the Thomas N. Frederick Juvenile Justice Center which opened in 1997, which continues today to provide St. Joseph County with a variety of options in dealing with truancy and juvenile crime; and Whereas, the Common Council notes that Peter J. Nemeth exemplifies the many qualities of a caring public servant in each of the many roles in which he faithfully served the public. 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 recognize, honor and congratulate Peter J. Nemeth for his dedication and service to the public as a South Bend Common Council Member, as the Mayor of the City of South Bend, and as the Judge of the St. Joseph County Probate Court. Section II. The Council wishes Judge Nemeth, his wife Carol, their five children & thirteen grandchildren the very best in the years ahead; sincerely thanks him for jobs well done; and hopes that some day soon we will have the pleasure of hearing him play with the South Bend Symphony. 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 nd Attest: Approved this 22 day of April, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend 2 REGULAR MEETING APRIL 22, 2013 Councilmember Oliver Davis made the presentation for this Resolution by reading it in its entirety and presenting it to the Honorable Judge Nemeth. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Judge Nemeth and his wife Carol thanked the Council for this honor. Jim Masters, Nemeth, Feeney & Masters & Campiti, P.C. 211 W. Washington, South Bend, Indiana, offered his congratulations to Judge Nemeth. Councilmember’s White, Gavin Ferlic, Oliver J. Davis, Dr. Varner, Dr. Ferlic, Henry Davis, Jr., Scott and Dieter thanked the Honorable Judge Nemeth for his years of dedication as a Councilmember, Mayor and Judge to the residents of South Bend and St. Joseph County. Councilmember Dr. David Varner made a motion to adopt this Resolution by acclamation. Councilmember Scott seconded the motion which carried. RESOLUTION NO. 4255-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING AND HONORING DON INKS FOR HIS 31 YEARS OF DEDICATED SERVICE TO THE CITY OF SOUTH BEND, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, is especially proud to congratulate and honor Don Inks, the Director of Economic Resources for the City of South Bend’s Community Investment Department, for his thirty-one (31) years of dedicated service to the City; and Whereas, Don began working for the City when Roger O. Parent was South Bend’s Mayor, and because of his knowledge and expertise he continued to provide vital professional services to the City under Mayors Joseph E. Kernan, Stephen J. Luecke and Pete Buttigieg; and served under an even greater number of department heads; and Whereas,; over the years, Don has worn many hats in his faithful and dedicated service to the City of South Bend - beginning as a Fiscal Officer in 1981 when Pat McMahon headed up the Department, taking on many other titles when Jon Hunt was in charge such as Director of Business Assistance, Director of Economic Development, Executive Director of the Business Development Corporation, Executive Director of the Indiana Revolving Fund, Executive Director of the Corporation for Entrepreneurial Development - just to name a few; and Whereas, Don’s vision, recommendations based on detailed and meticulous reviews of thousands of documents, countless meetings and discussions have helped shaped the rebirth of South Bend as a key and vital economic engine in northern Indiana focusing on job creation; and Whereas, the Common Council notes that a man with a mustache is said to be a person who appears “intelligent, confidant, serious, and a symbol of someone who is cool” – Don Inks is truly representative of all of these qualities and many more. 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 recognize, honor and congratulate Don Inks for his dedication, commitment to providing accurate details, and loyal service to the City of South Bend, Indiana for the past thirty-one (31) years. Section II. The Council wishes Don and his wife, Beth, only the best as they embark on the next chapter of their lives; and hopes that Don’s remodeling projects bring him much joy and 3 REGULAR MEETING APRIL 22, 2013 satisfaction and that he will not be a stranger to the countless friends he has made during his loyal and dedicated service to our City. May your coffee cup never run dry, and may you always be our “ringer” for trivia! 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 nd Attest: Approved this 22day of April, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Schey made the presentation for this Resolution by first offering her comments and then reading it in its entirety and presenting it to Mr. Inks. A Public Hearing was held on the Resolution at this time. th Scott Ford, Director, Community Investment Department, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, thanked Don for his dedication and commitment to the City of South Bend. Ann Puzzello, 1246 E. LaSalle, South Bend, Indiana, thanked Don for all his help while she was on the Council. She stated that when she had a question regarding community & economic development Don was always gracious to help by answering questions and directing her in the right direction. Mike Schmuhl, Chief of Staff to Mayor Buttigieg, thanked Don for his many years of dedicated service to the City. Mr. Inks thanked the Council for this honor. He stated that it has been a pleasure to serve under various administrations and Council’s. Councilmember Scott made a motion to adopt this Resolution by acclamation. Councilmember Dr. David Varner seconded the motion which carried. RESOLUTION NO. 4256-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING APRIL 25, 2013 AS WORKONE DROPOUT RECOVERY AWARENESS DAY IN SOUTH BEND Whereas, the Common Council of the City of South Bend, Indiana, acknowledges that Jobs for America’s Graduates (JAG) Out of School Youth Specialists are employed by the Workone System to assist students who have dropped out of high school and to help motivate and prepare them to attain a GED and potentially a career; and Whereas, JAG Specialists are actively committed to helping students explore their abilities, strengths, interests, and talents as these traits relate to career awareness and development of at risk youth; and Whereas, JAG Specialists help the clients to focus on ways to further their educational, personal and social growth; and Whereas, JAG Specialists work with Adult Basic Education teachers and other educators to help students explore their potential and set realistic goals for themselves; and 4 REGULAR MEETING APRIL 22, 2013 Whereas, JAG Specialists collaborate with business and community organizations to utilize community resources which can enhance and compliment Dropout Recovery programs so that students become productive members of society; and Whereas, comprehensive Dropout Recovery Programs are considered a critical and integral part of the educational process that enables all students to achieve success if they have dropped out of school. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby declares Thursday, April 25, 2013 as Dropout Recovery Awareness Day in South Bend, a date chosen by the Northern Indiana Workforce Board to highlight the high number of students dropping out of high school nationally and challenging those individuals to seek the assistance of Jobs for America’s Graduates (JAG) Specialists. Section II. The Common Council recognizes the hard work being done by the JAG Specialists in reaching out to assist youth between the ages of 16 to 21 years of age who have dropped out and encourages each of them to listen to this year’s theme: “Dropped It – Then G.E. D It”. 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 nd Attest: Approved this 22 day of April, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Oliver Davis made the presentation for this Resolution by reading it in its entirety to Mr. Erwin Larier, Workone Systems. Mr. Larier along with Anthony Gray, a student from Workone, and Sherri Klein, Quality Assurance, Workone Systems, thanked the Council for this honor. Mr. Gray stated that he does not know where he would be today if it were not for Workone. They helped him get his GED. Ms. Klein thanked the Council for their commitment to Workone and for their vision on seeing the need for a program like this in our community. 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. Councilmember Scott made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. REPORTS OF CITY OFFICES REPORT FROM THE DIRECTOR OF CODE ENFORCEMENT – SHUBHADA KAMBLI Ms. Kambli presented a Power Point presentation on the Department of Code Enforcement and gave a status update overview. (A copy of the Power Point is on file in the Office of the City Clerk.) 5 REGULAR MEETING APRIL 22, 2013 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:01 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Scott 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 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 a favorable recommendation. Mr. Chester Gamble, 510 Lincolnway East, Mishawaka, Indiana made the presentation for this bill on behalf of Zion United Church of Christ. Mr. Gamble advised that the purpose of this vacation alley to allow for construction of the Youth and Fellowship Building. This building will be replacing an existing building that has out lived its useful life and will be removed. He stated that one of the features of the new building is that it will be at grade with no steps. It will be accessible for those that are getting closer to his age and disabled. The building will not really be any closer to the alley than the existing building that is being taken down. He stated that when the building that is being taken down was built the setbacks ordinance was not as they are today, so the vacation of this alley is going to allow for the building to be placed about with the same setback as the building that is being taken down. The alley way will continue to be paved and open for anybody to use it. Its use is really going to remain the same that it is now, just now it would legally be part of the parking lot that it is adjacent to. At the last meeting there was a question about whether the construction of the new building would hamper the growth of the neighborhood and economic development because of other establishments. He stated that the City Council has addressed that in a letter satisfactory to the one person that had the question. 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 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. 6 REGULAR MEETING APRIL 22, 2013 BILL NO. 15-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ASSUMPTION DRIVE THAT 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 Councilmember Oliver 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 a favorable recommendation. Mr. John Frank, 201 S. Nappanee Street, Elkhart, Indiana, made the presentation for this bill. Mr. Frank advised that Provident Ministries acquired the property from the former owner and would like to expand the campus to include a warehouse and sanctuary. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition: Mr. & Mrs. Steve Obermeyer, 3447 S. Locust Road, South Bend, Indiana, asked if when the property was vacated, would it be off limits to residents to use as a walking path. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6-37.2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED Councilmember Oliver Davis, Chairperson, Community Relations Committee, and Councilmember Tim Scott, Chairperson, Residential Neighborhoods Committee reported that these committees met this afternoon and send this bill to the full Council with no recommendation. Councilmember Henry Davis, Jr., 5117 Idlewood Drive, South Bend, Indiana, made the presentation for this bill. Councilmember Henry Davis Jr., advised that this bill is aimed to bring greater accountability of tax dollars proposed to be used on vacant & abandoned properties, as well as the overall process involving properties proposed to be demolished by the City of South Bend. Councilmember Davis summed up by alluding to a number of amendments to this bill, which he would build understanding as to why and how a home is selected for demolition. He reiterated that there needs to be a plan. 7 REGULAR MEETING APRIL 22, 2013 After much discussion between Councilmember’s regarding the bill and amendments, Councilmember Schey made a motion to continue this bill until the May 13, 2013, meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17-13 PUBLIC HEARING 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 Councilmember White, Chairperson, Health & Public Safety 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. Fire Chief Steve Cox, 1222 S. Michigan Street, South Bend, Indiana made the presentation for this bill along with Mr. Randy Rompola, Faegre, Baker, Daniels, 202 S. Michigan Street, South Bend, Indiana. 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. An ordinance and a resolution are being filed this date which commence the process for lease financing of both of these state of the art facilities. He stated that the attached ordinance 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 year, payable in semi-annual installments of $280,500 each. He stated that it is expected that the lease rental payments shall be payable from the Emergency Medical Services Fund and that EMS Funds will fully cover the lease costs. He noted that 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; enabling marketing of the Building Corporations bonds at a lower rate of interest. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Dieter stated that Fire Station #5 was already torn down, and how was that possible before the passage of this bill. Chief Cox advised that there are sufficient funds in the EMS Fund and those funds were used to pay for the demolition. Barbara Jewell, 821 Gartner, South Bend, Indiana, advised that there should be full accountability of the money is being spent. st Dave Wilson, 1109 21 Street, South Bend, Indiana, advised that he is in favor of building a new Station #5, however, he is opposed to a training center. In Rebuttal, Chief Cox advised that the Board of Public Works posted and approved all bids, detailing the project. He stated that the South Bend Fire Department has never had a training facility and they do not have a place to train. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING APRIL 22, 2013 RISE AND REPORT Councilmember Gavin Ferlic made a motion to rise and report to full Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. 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 9:04 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 10227-13 AN ORDINANCE 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 This bill had third reading. Councilmember Varner 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. ORDINANCE NO. 10228-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ASSUMPTION DRIVE THAT 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 third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 9 REGULAR MEETING APRIL 22, 2013 ORDINANCE NO. 10229-13 AN ORDINANCE 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 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 BILL NO. 13-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFETY HAZARD Councilmember Henry Davis, Jr., 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. BILLS - FIRST READING BILL NO. 18-13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6-6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS This bill had first reading. Councilmember Oliver Davis 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 May 13, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Tim Scott, sponsor of Bill No. 09-13 asked for a motion to be made to have this bill continued until the May 29, 2013 meeting of the Council. Councilmember Oliver Davis made a motion to set Bill No. 9-13 for Public Hearing and Third Reading on May 29, 2013 and refer to the Health & Public Safety Committee. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis stated that he will be sending out a letter asking for Councilmember’s opinion as to their preference on vote centers. He stated that the Public Works and Property Vacation Committee will have an update on the New Energy (Ethanol Plant) status. 10 REGULAR MEETING APRIL 22, 2013 REPORT FROM AREA PLAN COMMISSION BILL NO. 11-13- REZONING & SPECIAL EXCEPTION – 3801 W. WESTERN Councilmember Varner made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on May 13, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Dieter stated that he attended the South Bend Fire Departments Retiree Dinner. He also noted that he along with Councilmember’s Gavin Ferlic, Karen White and Tim Scott th attended the 11 annual Near Northwest Neighborhood “Adopt a Block” Program. Councilmember Dieter stated concerns and asked if 20 MPH speed limit signs could be placed on Diamond & Vassar all the way to Lincolnway. Councilmember Schey announced the formation of an ad hoc committee South Bend Animal stth Care and Control. She stated that their 1 meeting will be Thursday, April 25 at 5:30 p.m. in th the Council’s Informal Meeting Room, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Councilmember Henry Davis advised that there is a lighting issue in the parking lot at the Charles Black Center. He stated that someone was robbed in the parking lot last week. He stated that there needs to be more lights installed. Councilmember Davis stated that the MBE/WBE memo that went out last week on workshops was misleading. He stated that there is a local job issue and that out of town contractors are getting the work on projects like the Auto Zone on South Michigan St. Councilmember Davis stated that he would like to create an ad hoc committee regarding vacant & abandoned housing. PRIVILEGE OF THE FLOOR COMMENTS REGARDING BREED SPECIFIC LEGISLATION Gabrielle Thompson, 1121 Stanfield, South Bend, Indiana, asked the Council to overturn Breed Specific Legislation and make specific changes in Animal Control such as rights of dogs, pitbull type dogs. th Michelle Stante, 721 30 Street, South Bend, Indiana, asked the Council to eliminate Breed Specific Legislation. Pat Herrod, 720 N. Oakland, Mishawaka, Indiana, asked the Council to take Breed Specific Legislation out of the South Bend Municipal Code. COMMENTS REGARDING TRANSPARENCY Jesse Davis, P. O. Box 10209, South Bend, Indiana, stated that they need transparency in government. He asked the Council to look into hiring more local contractors for city bids. COMMENTS REGARDING RE-LOCATING MLK DRIVE Samuel Brown, Citizens United for a Better Government, 415 LaSalle, South Bend, Indiana, recommended that the Council see the Movie “42.” He stated that MLK Drive is a sensitive issue, and it’s a disgrace and needs to be changed. 11 REGULAR MEETING APRIL 22, 2013 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:55 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 12