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HomeMy WebLinkAbout05-29-13 Common Council Meeting Minutes REGULAR MEETING MAY 29, 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 Wednesday, May 29, 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 May 13, 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 ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE MIKE SCHMUHL CHIEF OF STAFF Councilmember White announced that the Health & Public Safety Committee will tour Districts 3, 4, and 5 on Thursday, May 30, 2013, at 3:00 p.m. She stated that they toured Districts 1, 2, and 6 last week. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS 1 REGULAR MEETING MAY 29, 2013 BILL NO. 19-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF INDIANA AVENUE FROM ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTH/SOUTH ALLEY, AND A WIDTH OF 14 FEET Councilmember Oliver Davis, Chairperson, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Pastor Ricardo Taylor, Jr., 137 E. Indiana Avenue, South Bend, Indiana, made the presentation for this bill. Pastor Taylor advised that the purpose of the vacation of the real property is to consolidate the property to build a new church. He stated that they had started construction and then realized that they needed to have the alley vacated. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, spoke in favor of this bill. He stated that this is a good project. Huey Scobey, P. O. Box 3594, South Bend, Indiana, spoke in favor of this bill. He stated that Pastor Taylor is a role model. He noted that the church has cleaned up the area and has a wonderful plan for that neighborhood. The following individuals spoke in opposition to the bill. Jerry Ivacic, 3019 S. Michigan Street, South Bend, Indiana, stated that he agrees that Pastor Taylor has cleaned up the area. He is concerned that his property that he is currently selling on land contract is being affected by the changing landscape. Mr. Escobar, 225 Dubail, South Bend, Indiana, spoke in opposition to the bill. He stated that he is concerned about the church taking over the area. He stated that he put up a fence and has had trouble with vehicles hitting it. In Rebuttal, Pastor Taylor stated that he has been in contact with Mr. Ivacic to purchase his property. He stated that he needed to get some things in order before he made an offer. Pastor Taylor stated that Mr. Escobar’s issue is clear and that he put up his fence without having a survey done. He stated that the fence is in the right-of-way. Councilmember Scott stated that the cart was put before the horse. Councilmember Henry Davis, Jr., stated that he supports the church, but would have liked to see more conversation with the neighbors. Councilmember Schey stated that she was in support. Councilmember Dieter thanked Pastor Taylor for bringing back the neighborhood. Councilmember Gavin Ferlic congratulated Mt. Carmel on their new Church. Councilmember’s Oliver Davis and White thanked Pastor Taylor and the Congregation at Mt. Carmel Church. 2 REGULAR MEETING MAY 29, 2013 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. 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 June 10, 2013 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18-13 PUBLIC HEARING 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 Councilmember Dieter made a motion to continue this bill until the June 10, 2013 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5-15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Dieter made a motion to continue this bill until the June 24, 2013 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $25,575.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES Councilmember Oliver Davis made a motion to accept the substitute version of this bill as of file in the Office of the City Clerk and continue this bill until the June 24, 2013 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice of nine (9) ayes. BILL NO. 24-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 3 REGULAR MEETING MAY 29, 2013 Councilmember Oliver Davis made a motion to accept the substitute version of this bill as of file in the Office of the City Clerk and continue this bill until the June 24, 2013 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:27 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 10231-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF INDIANA AVENUE FROM ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTH/SOUTH ALLEY, AND A WIDTH OF 14 FEET This bill had third reading. Councilmember White made a potion 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. 4259-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2013 TEAMSTER LABOR NEGOTIATIONS Whereas, the South Bend Common Council passed two (2) salary ordinances setting the maximum wage amounts for all City Employees who are members of Teamsters Local Union No. 364, as a result of the successful labor negotiations held between the City and the Union in 2010: and Whereas, in light of the state law deadline and the Teamsters voting and ratifying the total package involving a 3-year wage package on or about November 30, 2010, two (2) ordinances were necessary, namely Ordinance No. 10044-10 which was passed on September 30, 2010 which established maximum Teamster salary amounts for calendar year 2011, and Ordinance No. 10067-11 which was passed on January 10, 2011, which established maximum Teamster salary amounts for calendar years 2012 and 2013; and 4 REGULAR MEETING MAY 29, 2013 Whereas, Indiana Code § 36-4-7-3 provides that the compensation must be fixed “not later than November 1”, which would require the Common Council to take final action on such a compensation ordinance at its October 28, 2013 Council meeting, which is the last regular meeting before the state law deadline; and Whereas, the current collective bargaining agreement which was approved by the Board of Public Works and which established working conditions and policies between the City of South Bend and Teamsters Local Union No. 364, expires on December 31, 2013; and Whereas, the Common Council has been advised that the City Administration will be introducing a Resolution for the Board of Public Works to consider at their May 28, 2013, Board meeting, where the Board’s Agent/Negotiator will be formally appointed; and Whereas, this Resolution will formally appoint the South Bend Common Council’s Agent and Chief Negotiator on matters involving maximum compensation and any other monetary items which will be the subject of the upcoming negotiations with the Negotiating Teams representing Teamsters Local Union No. 364,; and Whereas, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council’s Agent in representing their interests, and would work with the Board of Public Works’ Agent and City Advisory Negotiating Team for Teamster negotiations; and provide regular updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5- 6.1(b)(2)(A); and Whereas, the City Advisory Negotiating Teams shall not be considered a “governing body” or “public agency” under Indiana Code §5-14-1.5-2; and Whereas, the South Bend Common Council believes that the adoption of the Resolution and the upcoming process will promote positive and harmonious labor negotiations. 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, appoints Kathleen Cekanski-Farrand, a local attorney duly licensed to practice law in the State of Indiana, as its Agent and Chief Negotiator for the upcoming labor negotiations with the Teamsters Negotiating Team representing the city employees who are members of Teamsters Local Union No. 364. Mrs. Cekanski-Farrand shall act in an advisory capacity for the Teamsters negotiations on financial/legal matters and related policies under the jurisdiction of the Council, and shall work closely with the Board of Public Works Chief Agent/Negotiator. The Common Council notes that two (2) Common Council Members may serve in an advisory capacity on the joint Administration/Council City Advisory Negotiating Team, with one additional (1) Council Member serving as an alternative. Section II. The Council’s Agent may assist the Board of Public Works Chief Agent/Negotiator in helping to coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council’s Agent shall provide legal assistance to the Board’s Chief Negotiator and City Advisory Negotiating Team throughout Teamsters labor negotiations. 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 st Attest: Approved this 31 day of May, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend 5 REGULAR MEETING MAY 29, 2013 BILLS - FIRST READING BILL NO.25-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 This bill had first reading. Councilmember Scott made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on June 24, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION BILL NO. 11-13 – REZONING/SPECIAL EXCEPTION – 3801W. WESTERN AVE. BILL NO. 20-13 – REZONING – 5661 F.J. NIMTZ PARKWAY & VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT TO 5661 F.J. NIMTZ BILL NO. 21-13 – REZONING – 85 ACRES SOUTHEAST CORNER OF SAMPLE ST. AND PRAIRIE AVE. Councilmember Oliver Davis made a motion to refer Bill Nos. 11-13; 20-13 and 21-13 to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on June 24, 2013. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Dr. David Varner stated that the Personnel & Finance Committee will hold a meeting on Monday, June 10, 2013 to hear Bill Nos. 23-13 and 24-13. He noted that final action will be taken on Monday, June 24, 2013. Councilmember Oliver Davis advised that Councilmember Tim Scott, Chairperson of the Residential Neighborhoods Committee will hold a meeting on Money June 3, 2013 at the Centre Township Branch Library, 1150 E. Kern Road, South Bend, Indiana, at 6:30 p.m. to discuss finding solutions to the neighborhood problems at the Miami Hills Apartment Complex and Southmore Mutual Housing Corporation. Councilmember Schey advised that she filed a complaint with the Public Access Counselor. She stated that she is a member of the Redevelopment Commission and the Century Center Board of Managers and she had requested information and has been unsuccessful in obtaining that data. Councilmember Henry Davis Jr., advised that he has concerns with the City helping residents regarding the Ethanol Plant. He stated that it sets a precedent. He also stated that the residents at LaSalle Park don’t feel that they can trust the South Bend Police Department. He stated that there have been mass arrests and unlawful arrests. He stated that they believe the police are racially profiling. Councilmember Dieter stated that Honor Flight Network is attempting to raise funding for WWII th vets to go to Washington DC. The funding event will take place on June 6. D-Day, at Coveleski Stadium at 7:00 p.m., gates open at 6:00 p.m. He stated that when you watch the movie trailer, you will tear up just as he did. He noted that admission is $5.00, and Veterans are free of charge. He stated that he is putting a German Panzer tank will be in front and there will be a fly over by 12-14 WWII planes. He stated that local Armed Forces will and vehicles will be assisting. He encouraged all to attend. 6 REGULAR MEETING MAY 29, 2013 PRIVILEGE OF THE FLOOR Rev. Greg Brown, 1238 Diamond St. South Bend, Indiana, stated that sometime in April 2013 an altercation broke out behind the Martin Luther King Center. While officers went outside to break up this altercation, the new Chief stayed inside and did nothing. Why would the Chief avoid his duty and not back up his officers during this altercation? He stated this needs to be looked into and addressed to see if the Chief is doing what is required of him in his position. Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that at the last privilege of the floor he brought to the Council, asking to look into a criminal case of double billing by a contractor the city sends to citizen’s homes for work. He stated that he filed a police report about 2 weeks ago. He stated that today he was contacted by the Detective assigned to the case. He was informed that the Police Department had turned it over to the City Legal Department and they were in charge of the investigation now. He stated that he would like the Council to find out why the Police Department would not handle this criminal investigation and send it to the Prosecutor, also please find out if in fact the City Legal Department handles criminal investigations? He stated that the crime has already been committed and documented evidence was provided to the police and city of this crime. Sam Brown, 415 LaSalle, South Bend, Indiana, thanked Councilmember Derek Dieter and Scott Ruszkowski for their help in getting him the information that he needed to allow a motor cycle club to attend Memorial Day festivities in South Bend. Mr. Brown also stated that we need a Chief of Police who is from South Bend. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:57 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 7