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HomeMy WebLinkAbout01-13-14 Common Council Meeting MinutesREGULAR MEETING JANUARY 13, 2014 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, January 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 Henry Davis, Jr. Valerie Schey Fred Ferlic David Varner Oliver J. Davis Derek Dieter Gavin Ferlic Excused Absence: Karen L. White OTHERS PRESENT: 1st District 2 nd District 3' District 4 1 h District 5' District 6' District, President At- Large, President At -Large At- Large, Chairperson Committee of the Whole Kathleen Cekanski - Farrand Council Attorney John Voorde City Clerk Janice L Talboom Deputy Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember Dieter made a motion that the minutes of the December 9, December 16, and the January 6 meetings of the Council be accepted and placed on file. Councilmember Varner seconded the motion, which was carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 14 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE KAREN L.WHITE FOR DILIGENTLY SERVING AS CHAIRPERSON OF THE COMMITTEE OF THE WHOLE IN 2012 AND 2013 BILL NO. 14 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE DEREK D. DIETER FOR DILIGENTLY SERVING AS Councilmember Varner made a motion to continue bill for 14 -01 and 14 -02 until January 22na Councilmember Schey seconded that motion, which carried by a voice vote of eight (8) ayes. ANNOUNCEMENT: THE COUNCIL WILL BE TAKING APPLICATIONS FOR VARIOUS BOARDS, COMMISSIONS AND COMMITTEES REGULAR MEETING JANUARY 13, 2014 Council President Davis announced that the South Bend Common Council is accepting applications for citizen members for its 2014 Standing Committees. He also announced that there are openings for the Century Center Board of Managers; Historic Preservation Commission; Human Rights Commission; Redevelopment Commission and Urban Enterprise Association. He advised that applications may be found online on the Council's website and in the Office of the City Clerk, 4" Floor County -City Building- 227 W. Jefferson Blvd., South Bend, Indiana. Applications are to be filed in the Clerk's Office by January 31, 2014. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS REPORTS FROM CITY OFFICES There were no reports of City Office at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:08 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember seconded Gavin Ferlic the motion, which carried by a voice vote of eight (8) ayes. Councilmember Schey, 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. I1 lip] 1I[aIIDI_\I7IO[{f.9 BILL NO. 61 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 736 CALIFORNIA AENUE, 906, & 910 POTAGE AVENUE, COUNCILMANIC DISTRICT NO. I IN THE CITY OF SOUTH I0aol 0 1o111angn\ Councilmember Oliver Davis made the motion to accept the amended version of bill 61 -13 seconded by Councilmember David Varner. Councilmember Henry Davis, states the Zoning & Annexation Committee met, and sends bill 61 -13 to the full council with a favorable recommendation. Councilmember Tim Scott, states I would like recuse myself from voting for bill 61 -13 as my wife is the Director and this falls under her business. Presentation Krista Hill/Nader- Area Plain Commission Offices on the 11th Floor of this building- this is a zoning change for property located at the SE corner of Portage Avenue and California Street. He is requesting a zoning change from GB to the single family district to go to a PV plan unit district, to allow multi - families and retail, restaurant or cafe. They are going to attempt to say the two -story part, the green space will be additional parking, there will be twenty - nine (29) one (1) bedroom units, and 13 two - bedroom units, and 1600 sq. ft. for a restaurant or cafe. Twenty - nine parking spaces and additional parking at the parking lot. The petitioner is working on an official sign for those residences concerned about parking. This comes from the Area Plain Commission with a favorable recommendation. Petitioner -What we are asking for is the rezoning to be allowed to put single families in the building to allow for mixed use. The reason will allow flexibility. We will be doing landscaping around the building. We will also be redoing the alley to allow public parking there. We will be in construction later in September if everything goes through. We will have an agreement with the neighborhood association to ensure parking is for residence. A public hearing was now held: 2 REGULAR MEETING JANUARY 13, 2014 Mike Griffin- 704 California- My wife and I live very close to the project. We are very excited about living in this city and seeing the growth and development. We are very impressed with the plan. We think that everyone should get behind this because it will benefit more than just the city. It will be a place where people come in from out of town. Mike Temper- 729 Hunter Grove- I serve on the internet ink board, we worked on our quality of life plan, and this was one of the highlights that came out of our plan. We are in support. Rebecca Kaiser- 913 Diamond Ave- I'm also a member of the NM board, and have watched our neighborhoods disintegrate. We need projects like this in our neighborhoods to feel safe. We need young people to be able to come back into our neighborhoods and feel safe. Mary Churchy- Portage Ave- I lived a few doors down. I have lived over in that area for quite some time now and I have watched that area go from bad to worse. I support this project because I walk out my front door and I see this. I ask for your support. John Roseburg- 735 Portage Ave- I would like to thank the council and the Mayor, as these are exciting times for South Bend. A lot of people in our neighborhood don't have high incomes. I think it will be great for our neighborhood. Councilmember Dieter, I would like to thank everyone in the NNO, as I grew up in that area. It will be a great thing for the neighborhood. That building has been an eye sore for quite some time. It is exciting to see something come in to town. Thank you. I Councilmember Dieter move for a favorable recommendation of the Substitute Bill. Councilmember Varner seconded, which carried by a voice vote of eight (8) ayes. BILL NO. 79 -13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF HILDRETH STREET FROM THE EAST RIGH OF WAY OF ESTHER STREET TO THE END OF THE EXISTING CUL -DE -SAC FOR A DISTANCE OF 460 FEET, MORE OR LESS, AND A WIDTH OF 60 FEET INCLUDING THE 60 FOOT RADIUS OF THE CUL -DE -SAC Councilmember Henry Davis, Public Works and Property Vacation met earlier today and we send bill 79 -13 to the full Council with a favorable recommendation. Presenter: Linden Coin- 226 S College- we ask that you look at the master plan, we like to thank everyone Clerks office and Council for guiding us through this intricate process. Councilmember Schey, states as representative of the third district it will be a beautiful new addition to the neighborhood, so you have my full support. There, being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Derek made a motion for favorable recommendation to full Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CFFY OF SOUTH BEND,INDIANAAMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METALS DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLE REGULAR MEETING JANUARY 13, 2014 OPERATION REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4 -53 Councilmember Dieter made a motion to continue bill 69 -13 until January 22 ". Councilmember Scott seconded that motion, which carried by a voice vote of eight (8) ayes. BILL NO. 70 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANAAMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -116.1 CITY RESIDENCY Ii Le D11:aalug'sr.9 Councilmember Derek made a motion to continue bill 70 -13 until February 10'. Councilmember Scott seconded that motion, which carried by a voice vote of eight (8) ayes. BILL NO. 77 -13 FIRST READING ON A BILL ESTABLISHING RESPONSIBLE BIDDER REQUIRMENTS OF PUBLIC WORKS PROJECTS Councilmember Derek made a motion to continue bill 77 -13 indefinitely. Councilmember Scott seconded that motion, which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Varner seconded the motion, which carried by a voice vote of eight (8) ayes. ATTEST: John Voorde, City Clerk ATTEST: Valerie Schey, 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 7:30p.m. Council President Oliver Davis, presided with eight (8) members present. BILLS —THIRD READING BILL NO. 61 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 736 CALIFORNIA AENUE, 906, & 910 POTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Schey made a motion to amend this bill to in Committee of the Whole. Councilmember Varner seconded the motion, which carried by a voice vote of eight (8) ayes. Councilmember Dieter made a motion for the amended version of 61 -13, councilmember Varner seconded the motion, which carried. The bill passed by a roll call vote of seven (7) ayes. BILL NO. 79 -13 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF HILDRETH rd REGULAR MEETING JANUARY 13, 2014 STREET FROM THE EAST RIGHT OF WAY OF ESTHER STREET TO THE END OF THE EXISTING CUL -DE -SAC FOR A DISTANCE OF 460 FEET, MORE OR LESS, AND A WIDTH OF 60 FEET INCLUDING THE 60 FOOT RADIUS OF THE CUL -DE -SAC Councilmember Varner made a motion to move for the passage of 79 -13. Motion seconded by Councilmember Schey, which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 14 -03 A RESOLUTION CONFINING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4701 NIMTZ PARKWAY AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A FIVE (5) YEAR PERSONAL PROPERTIES TAX ABATEMENT FOR SCHAFER INDUSTRIES INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4701 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (SE1 /4) of Section 20 and part of the Southwest Quarter (SW 1 /4) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County. State of Indiana, and being more particularly described as follows: Lots number ten (10) and eleven (11) as shown on the recorded plat of H.G. Bans Centre -Phase One, recorded March 16, 1995 as document Number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. And which has Key Number 025- 1010- 036102 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published, pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purpose of hearing all remonstrance and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolutions designating the area described herein as an Economic Revitalization Area for the purpose of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the property owner qualifies for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the REGULAR MEETING JANUARY 13, 2014 Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and is approved by the Mayor. Member of the Common Council Tim Blanky- Executive Vice President of Schaffer Industries Inc.- 701 Nimtz Parkway- we have been awarded two contracts from existing customers as they need three additional new pieces of equipment those pieces will cost $1.4 million and we will add 5 new permanent positions because of that. There, being no one else present wishing to speak to the Council either in favor or in opposition to the Council. Councilmember Varner made a motion move for the adoption of 14 -03, the motion was seconded by Councilmember Schey, which carried by a roll call vote of eight (8) ayes. BILL NO. 14 -04 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NITMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSE PROERTY TAX ABATEMENT OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMNT FOR 1 YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMACHINI NORTH AMERICA WHEREAS, the Common Council of the city of South Bend, Indiana, has adopted Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4601 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # 10A as shown on the plat of "H.G. Bans Centre -Phase One First Replay subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71- 03 -21- 300 - 001.000 -009, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance and objections from interested persons; and 6 REGULAR MEETING JANUARY 13, 2014 WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the city of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purpose of tax abatement. Such designation is for Personal property tax abatement only and is limited until February 15, 2015. The common Council hereby confirms that Somaschini North America may assume the tax abatement previously granted to South Bend Gear. SECTION IL The Common Council hereby determines that the property owner is qualified and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council Councilmember Gavin Ferlic made a motion to continue this bill until the January 22, 2014 meeting of the Council. Councilmember Varner seconded the motion, which carried by a voice vote of eight (8) ayes. BILL NO. 14 -05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON BEHALF OF THE ST. JOSEPH COUNTY BROWNFIELD ASSESSMENT COALITION FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for Brownfield revitalization including grants for site assessments; and WHEREAS, St. Joseph County, the City of South Bend, and the City of Mishawaka intend to form the St. Joseph County Brownfield Assessment Coalition ('coalition "), and the Coalition intends to request a $600,000 Assessment Grant in order to establish a county wide Brownfields Assessment Program; and WHEREAS, the City of South Bend would serve as the lead agency for submitting the application and administering any grant funds that are awarded to the Coalition; and WHEREAS, the Mayor is the Chief Executive Officer of the City of South Bend, and is the appropriate applicant for the Environmental Protection Agency Brownfield Assessment Grant. NOW, THEREFORE, IT BE RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to apply to the United States Environmental Protection Agency for a $600,000 Assessment Grant and to execute all documents related to any grant awarded on behalf of the St. Joseph County 7 REGULAR MEETING JANUARY 13, 2014 Brownfield Assessment Coalition in which the City of South Bend, the City of Mishawaka., and St. Joseph County are participants. SECTION IL That the Mayor of the City of South Bend, Indiana shall file with the Common Council a complete copy of the application submitted to the United States Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend Department of Community Investment is hereby designated as the agency and office administering on behalf of the St. Joseph County Brownfield Assessment Coalition the Brownfield Assessment Grant awarded under this application. SECTION V. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Councilmember Gavin Ferlic, Community Investment sends bill 14 -05 forward with a favorable recommendation. Chris Tressel- City of South Bend Dept. of Community Investment- Offices on the 14' floor of this building- I'm here requesting for approval for the submission of the USA EPA Assessment Coalition. I would like to point out that a similar bill was approved in November of 2012. We are submitting the approval requesting $600,000 for a three (3) year grant for environmental development and development the Brownfield inventory. We are currently receiving assistance from a consulting firm, helping with the submission of the materials forms for the grant. Councilmember Schey made a move for adoption of 14 -05, the motion was seconded by Councilmember Gavin Ferlic which carried by a roll call vote of eight (8) ayes. BILL NO. 14 -07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA GERERAL ASSEMBLY TO REJECT THE PROPOSED STATE CONSTITUTIONAL AMENDMENT PERMANENTLY DEFINING MARRIAGE WHEREAS, the South Bend Common Council notes that in 2011, the Indiana General Assembly adopted House Joint Resolution No. 6 ("FUR 6 "), which would add a new Section 38 to Article 1 of the Indiana Constitution, which would read as follows: "Section 38. Only a marriage between one (1) man and one (1) woman shall be valid or recognized as a marriage in Indiana. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized", and WHEREAS, in order to become effective, FUR 6 must be voted on again and have identical language passed by the 2014 General Assembly, and the ratified by a majority of those voting on the question during the November 2014 General Election; and if passed by popular vote, it would be added to the Indiana Constitution; and REGULAR MEETING JANUARY 13, 2014 WHEREAS, it should be noted that Indiana Code 31- 11- 1 -1(a) already provides that, "Only a female may marry a male. Only a male may marry a female"; and was upheld against a state constitutional challenge in Morrison v. Sadler, 821 N.E. 2D 15 (Ind. Ct. App. 2005); and WHEREAS, on August 21, 2013, a coalition of Indiana businesses and groups announced the formation of Freedom Indiana, a bi- partisan statewide organization, including two (2) of Indiana's largest employers, Eli Lilly and Company and Cummins, Inc. who oppose HJR 6; and WHEREAS, several legislative bodies have adopted resolution voicing their opposition to HJR 6 including but not limited to the Indianapolis City-County Council adopting a Resolution by a 22 -6 vote on November 10,2013; Evansville New Albany Common Council adoption a resolution on November 21, 2013; Common Council adopting Resolution No. C -2013 on December 9, 2013; Bloomington Common Council adopting Resolution No. 13 -15 on December 4, 2013; and as of January 1, 2014 eleven (11) Indiana Mayors have publicly voiced their opposition to HJR -6 who are the administrative leaders of Angola, Anderson, Bloomington, Carmel, Fort Wayne, Hammond, Indianapolis, Kokomo, South Bend, Valparaiso, and West Lafayette; and WHEREAS, South Bend Mayor Pete Buttigieg has publicly stated that, "Indiana's constitution exists in order to protect rights and freedoms, not take them away. Our state must be welcoming and respectful of all individuals, or we will be left behind. Changing the constitution in order to deny certain protections to some Hoosier families would send the exact wrong message as we work to grow and develop a competitive economy in cities like South Bend. "; and WHEREAS, a majority of the legislative branch of the City of South Bend believes that HJR -6 is not good for the business of Indiana or for the families of Indiana, as noted in a recent poll conducted by Ball State University showing that 58% of Indiana residents oppose the proposed constitutional amendment, and that in addition to the actions of the mayors and council noted to date that educational institutions such as Indiana University, Purdue University, Ball State University and DePauw University have expressed their opposition; and WHEREAS, recruiting and retaining the younger generation workforce must include recognition and respect for those in same -sex unions, but HJR -6 sends precisely the opposite message; and WHEREAS, on June 26, 2013, the United States Supreme Court ruled that Section 3 of the federal Defense of Marriage under state law, was unconstitutional; and WHEREAS, it should be further noted that Indiana University, DePauw University, Wabash College, Ball State University, Butler University, the University of Evansville, University of Indianapolis and Indiana State University have declared that HJR -6 would be a conflict in policies against harassment and discrimination; and a recent study by students at the Indiana University Maurer School of Law found more than 600 rights and obligations related to marriage that could be permanently denied under HJR -6. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The majority of the Common Council of the City of South Bend, Indiana, urges the 2014 Indiana General Assembly to vote against HJR 6. SECTION II. The South Bend Common Council directs the City Clerk to distribute copies of this Resolution to Indiana Governor Mike Pence and to all members of the Indiana General Assembly who have emails of public record. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Council Member Tim Scott, 1st District 9 REGULAR MEETING JANUARY 13, 2014 South Bend Common Council John Voorde, City Clerk Pete Buttigieg, Mayor of South Bend Councilmember Schey the Personnel & Finance Committee met earlier today and we will send bill 14 -07 to the full Council with no recommendation. Tim Scott- 711 Forest Ave, First District Council - the resolution is to send a message to vote against HJR 6 now and HJR 3 for the negative impact it will have on our state. We need to send a message to all that we are inclusive to all without barriers and exceptions. We too need to voice our objections to discrimination in legislation. HJR 3 does more to confuse the issue about discrimination for our people and to send a message to make Indiana open to all. Councilmember Dr. Varner< in reading the ordinance the reference HJR 6, "would take away rights? What rights would HJR 6 take away ?" Tim Scott, "the point I bring up is any barrier we bring up does not help to do business better." Councilmember Dieter the best and talented, define talented? Tim Scott it can be defined as anybody, what we want to say is that we want you to work here. Councilman Dieter do you have any stats? Tim in response no I do not but, I'm sure people here tonight do. Councilmember Oliver Davis would you consider those on the council, send a letter of the support? I don't know what the vote is but would it be stronger to join together and write a letter instead of a vote? Tim Scott I would prefer a resolution as it would send a stronger message and want to take the vote. Councilmember Davis, I just want to put it on the record if it is not unanimous, I am suggesting unanimous letter from those in support to be sent. Councilmember Henry Davis, how would that letter be drafted if it were to be done? Councilmember Oliver Davis everything that we do is public, so it would be a public letter, everyone speaking on behalf of themselves. Councilmember Henry Davis, I appreciate your leadership on that. Councilmember Dr. Varner how has the letters like this been handled in the past? Council Attorney, we would have a summary, and drafted through the court. Councilmember Oliver Davis asked about clarification of letters drafted. Council Attorney explained different concepts of the letters. A public hearing is now open: Those wishing to speak in favor: Cecil Eastman- 57112 Peach Stone- Spoke in favor, we have a long history of getting our voice heard. The declaration of independence with the life, liberty and pursuit of happiness is being violated if you are unable to marry those you love. If we are excluding anyone, you run the risk of losing the best, my brother moved to California to be wed, a letter would send a bigger message unanimous and it is important to know which councilmembers stand where. David Guther- 863 Forest- Addressed what rights are being taking away in favor of the bill Rhonda Redman- 518 N Scott St- the constitution is meant to protect individuals not meant for discrimination. 10 REGULAR MEETING JANUARY 13, 2014 Michael Lane- 221 E Levar St. — there will be people that leave South Bend because of it, I've had friends that left and asked why are you in a place that hates gay people? I hope you pass this bill knowing we are in a welcoming place. Mayor Pete of South Bend- Offices on the 14' floor of South Bend- I'm here as this is not a remote issue, and our city is at stake. He pointed out past voting on this issue and the ability to not fire someone because they are gay. We are at a place where we can change the Constitution in the state of advancement for Indiana. For long as you live ask what side are you on? Leanne Martin- South Bend, states she's spent her entire college career waiting for this bill to come. People don't stay here because they're against values, but they aren't valued as people. Everyone should have the rights of everyone else. Cecilia Stickson and son, Sam- 21 Parkview Place- as a teacher and mother we need to live in a world that everyone is equal. Sam spoke that both of his parents are gay and people love who they love. We live in the same home; life should be fair for us. Ruby Feathers- 119 Sickle Lane, Mishawaka - the discrimination in the school systems is discouraging. Consider this to help to keep our youth and next generation here. Emily Worshenberger- 520 Cornish Gardens- I moved here last week from Indianapolis, in a few month I get to decide where I live, thus it has been welcome here but I am watching this discussion to see if I would like to stay here. If I'm not supported here as a person I will not stay in this town or state. Jeff Swartz- 1102 N St. Joseph Ave. - Resident of 12 years, to a time that there was nothing to do to this is a really nice town. We like to support this bill and I want to remain proud of South Bend. Miles Robertson- 94121" St- we are talking about statistics and hypothetical situations but if you look in this room, we all have human rights. Those wishing to speak in opposition: Walter Nicgorsky- 625 Piegeway in the 411 District- Resident for 50 years, initially the question is of non - discrimination, equating gay marriage is not the same as heterosexual marriage. When is this going to end and where does this lead us? No right is taken away here, the negative business impact is not convincing. Jesse Davis- P.O. Box 10205- why are we wasting our tax payer's dollars for an issue that the Mayor is not approving of in Indianapolis? Rebuttal: Councilman Scott one, thing that came to mind are the words there is no room in a forward thinking society for discrimination. Thank you for your support. Councilmember Gavin Ferlic, thank you, if you do support the opposition of HJR there is still a lot you can do and contacts can be made. Councilmember Dr. Varner, I asked what right does HJR take away, it doesn't take away any right, except for the right to challenge the original law in the future and overturn. We usually represent the ones who make the most noise, the right way to weigh in, I don't think we are ready to accept the results for the memorandum. I think we drop the GLBT from our discussions. Discussions need to be on facts and reality. I will not support this resolution, I do understand the sincerity. Councilmember Ferlic, I think there are four factors, majority is not always correct, I would not have my colleagues here Oliver and Davis if it wasn't for Little Rock, Arkansas. I'm not a lawyer, but my lawyer friend says that all laws are applied equally and you can't discriminate against race, gender, religion... This is a moral issue, do unto others as you would have them do unto you. You can't discriminate against gay or heterosexual couples. 11 REGULAR MEETING JANUARY 13, 2014 Councilmember Schey, for everyone here, we are never to take these bills personal. We are to make informed decisions, this is a personal bill about spending their life with someone they love. It's from that foundation that I try to make the world a better place. It's not my place or anyone's place to say who you should or should not marry. I am going to support this. Councilmember Davis you cannot put legislation on a man or woman's heart. Mary, you are right history has not been in favor of minorities. I think we have put blinders on, based on our personal beliefs, while I agree with both sides. My vote banning same sex marriage has consequences especially with a political climate, with regards to women and voting rights. So I will support this resolution but we have to know exactly what we are asking for. Councilmember Scott, I want to South Bend to be the place where we want everyone to live. don't see any barriers and we are leaders and need to send a message. I respect the council's input on this. Councilmember Dieter, there has been a lot of people on both sides of the issue. Different states have different laws in legislation. We need to let the citizens decide what is on the ballot. When I look for information, I look for things that are allotted, I don't think we got all the information. Everyone here does not represent the community. There is a state law in 1997, in the book people are still here, not many people have exited. I think it is up to the citizens of Indiana, I will be voting against Mr. Scott. Council President Davis, I was asked in church how do I make this decision with these type of matters, I'm an advocate of separation of church and state, I am a fan of civil unions, leave that up to the church. I respect my colleagues that are in opposition, that's why I asked for a letter, I was concerned or perceived to those that are opposed. I will support this bill. Councilmember Dieter, I move for a negative recommendation on this bill. Motion seconded by Varner which did not carry forward to a no vote by a voice vote of two (2) ayes, and six (6) nays. Councilmember Schey, I move for adoption on bill 14 -07, motion was seconded by Councilmember Gavin Ferlic, which was carried by a roll call vote of six (6) ayes and two (2) nays (Councilmember Varner, and Councilmember Dieter) Councilmember Scott stated next step is the Indiana Journal. BILLS - FIRST READING BILL NO. 01 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTHBEND, INDIANA, APPROPRITING THE FIXED SUM OF 150,000.000 ECONOMIC DEVELOPMENT INCOME TAX (EDIT_ FUND #408 FOR CAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY This bill had first reading. Councilmember Schey made a motion to refer this to Parks and Recreation Committee. Councilmember Tim Scott seconded the motion, which was carried by a voice vote of eight (8) ayes. BILL NO. 02 -14 FIRST READING ON A BILL OF THE BILL COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO EXCEED SUM OF $900,000.000 WITHIN PARKS AND RECREATION GENERAL FUND PROFESSIONAL SERVICES, AND APPROPRIATE SAID MONIES TO SATISFY CONTRACTUAL OBLIGATIONS TO THE POTAWATOMI ZOOLOGICAL SOCIETY 12 REGULAR MEETING JANUARY 13, 2014 This bill had first reading. Councilmember Schey made a motion to move this to Parks and Recreation Committee on January 22 ❑d meeting. Councilmember Varner seconded the motion, which was carried by a voice vote of eight (8) ayes. BILL NO. 03 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDIANCE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDSION ROAD, SOUTH BEND INDIANA 46617 COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Scott made a motion to move this to Area Plan Committee on January 22 meeting. Councilmember Varner seconded the motion, which was carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM THE AREA BOARD OF ZONING APPEALS BILL 14 -06 SPECIAL EXCEPTION - 1502/1512 MICHIGAN STREET Councilmember Varner made a motion to refer bill 14 -06 to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on January 22, 2014. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Community relations committee Relations Meeting on January 22, 2014 at 5 o'clock pm. On the 29' there is a CCAC meeting at 3:30pm at Council Chambers Councilmember Varner has given all the snowfall in the last few weeks. I want to thank them for their efforts. Councilmember Dieter I want to thank everyone for their public works. I have a card for all members that want to sign that. On Health and Public Safety I will be getting the statistics and calling the meeting together for issues at Park Jefferson, Tim Scott has already started to work on that. PRIVILEGE OF THE FLOOR Jesse Davis- P.O. Box 1025 South Bend- I ask that you take a look at a new city ordinance and new city sewer program. I was told that is was already implement back in 2010 but found that is just came about in November 2013. They have an outside contractor that is double billing members and have complicated the process. I don't think this came before the council. You have to apply to be a contractor but this was never given to the public, please see if this was legal for what they did. Councilmember President Davis, I would like to acknowledge our new controller John Murphy, and our new Deputy Chief Brian Pawlowski. Thank you. I_ 111[KWN6 There being no further business to come before the Council, President Oliver Davis adjourned the meeting at approximately 8:50pm. ATTEST: ATTEST: 13 REGULAR MEETING JANUARY 13, 2014 John Voorde, City Clerk Oliver Davis, President 14