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HomeMy WebLinkAbout05-26-09 Common Council Minutes REGULAR MEETING MAY 26, 2009 Be it remembered that the Common Council of the City of South Bend, Indiana met in th the Board of Public Works Meeting Room, 13 Floor of the County-City Building on Tuesday, May 26, 2009 at 5:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District (late, present at 5:10 p.m.) Timothy Rouse At-Large Karen L. White At-Large Absent: Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the May 11, 2009 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the May 11, 2009 meetings of the Council be accepted and placed on file. Councilmember LaFountain seconded the motion which carried by a voice vote of six (6) ayes. SPECIAL BUSINESS There was no Special Business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 5:02 p.m. Councilmember LaFountain made a motion to resolve into the Committee of the Whole. Councilmember Henry Davis seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. 1 REGULAR MEETING MAY 26, 2009 PUBLIC HEARINGS BILL NO. 35-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember White made a motion to continue this bill until the June 8, 2009 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 27-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF SECTION 6-26 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. (Councilmember Varner arrived at 5:10 p.m.) Councilmember LaFountain, Vice-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 substitute bill to the full Council with a favorable recommendation. Chuck Bulot, Building Commissioner, St. Joseph County/South Bend, 125 S. Lafayette Boulevard, Suite 100, South Bend, Indiana, made the presentation for this bill. Mr. Bulot advised that on February 9, 2009, the South Bend Common Council passed Ordinance No. 9902-09 which, among other things, amended various fees charged by the Building Department. Mr. Bulot stated that after performing a detailed review of Ordinance No. 9902-09 regulating the fees for low voltage permits, it has been determined that the fees need to be readjusted and recodified to reflect the actual cost of enforcing and inspecting low voltage installations. Mr. Bulot also stated that it was determined that providers of “communication service” should be exempt from the registration and fee requirements. 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 was no one present wishing to speak in favor of this bill. The following individual spoke in opposition to this bill. 2 REGULAR MEETING MAY 26, 2009 Marshall Wering, CCPD, Cedia Certified Professional Designer, President, Sights and Sounds, Inc., 1225 Beckley Street, Granger, Indiana, spoke in opposition to this bill. Mr. Wering stated that he urges the South Bend Common Council to either reject or modify the Low Voltage Contractors Ordinance for the following reasons: 1. The Building commission noted it is their responsibility in the notice sent to low voltage contractors to provide for the health, safety and welfare of the citizens of South Bend and St. Joseph County, as it pertains to building construction. As it is currently written, this Ordinance does not increase the level of safety sufficiently. It only grants a license to anyone who has $200 regardless of their knowledge or competency. As written, this ordinance includes installations in existing buildings, regardless or whether a building permit has been granted or not. It does not address the issue of a customer that buys a new TV and wants the TV jack moved from one side of the bedroom to another. As written, if we deliver a new V set to one of our clients homes, and they say “we would like a new TV jack installed on the other side of the bedroom” we must stop work, leave to go get a permit, pay $20 for the permit, make another appointment with the client, go back and do the installation, but leave the wiring open and viewable, call the inspector, have him come over to the customers home and inspect it, then we can come back and button up and finish the job. According to CEDIA, the industry association, it costs on average county wide $47 to roll a truck. This ordinance takes a one trip project and turns it into at least four trips. Not only is this insanely cumbersome and inefficient, quadrupling the costs we must charge our clients, but Communication service providers like Comcast, DirecTV, ATT, Dish Network and their sub-contractors are exempt form this Ordinance, leaving the burden to be assumed by small independent companies. This gives the behemoths an unfair competitive advantage against the smaller independent contractors. If you think these companies are not competing with us, in five minutes they found on AT&T’s web site custom home theater installation offers. He stated why on earth would the council pass an ordinance so written that the Building Department Design and Planning Director James Markle would have to say they will not enforce certain aspects of the Ordinance before it is even passed. Mr. Wering noted that as th reported by WSBT – TV on March 26 by Troy Kehoe, why not write the bill correctly the first time. If the ultimate goal of this ordinance is to improve the health and safety of the citizens of St. Joseph County, charge a fee and require anyone providing low voltage installations to pass a competency test before issuing a license. Only inspect what you currently have the capacity to do. If thee is a building permit issued for new construction or remodeling work, the inspectors already have to go there, so require an inspection and a license on all projects requiring a building permit. Don’t force small contractors to work under the radar and open themselves up to fines just to be able to compete with corporations many times their size that are exempt from complying with this Ordinance. Mr. Wering advised that this Council has an opportunity to truly help provide improved health and safety for the citizens of St. Joseph County by adopting a common sense Ordinance that takes into account the stated ultimate goal of the Building Department. In rebuttal, Mr. Bulot advised that this bill does not give an unfair advantage, if they do not supply services to the building. He stated that what they are looking for is proper installation and installers, not those “working out of the trunk of their car.” He noted that this would allow for quality control and avoid anyone from getting hurt. He noted that this bill would help with the commercial ventures and large apartment/housing developments. Councilmember’s Varner and Rouse stated that they would like to see this bill continued so that they can get clarification from the Building Department regarding commercial versus residential installation. They stated that a meeting with the area small businesses, Council Attorney, Building Department and Council Members should take place prior to this bill coming back to the Council. Council Attorney Kathleen Cekanski-Farrand stated that she would like to have the concerns of equal protection addressed in a substitute bill. 3 REGULAR MEETING MAY 26, 2009 Councilmember Dieter made a motion to continue this bill until the June 8, 2009 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember LaFountain made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the th Board of Public Works Meeting Room, 13 Floor of the County-City Building at 5:27 p.m. President Derek D. Dieter presided with seven (7) members present. BILLS – THIRD READING There were no bills for Third Reading at this time. RESOLUTIONS RESOLUTION NO. 3971-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on June 22, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: Schrock Aggregate Co. 1702 N. Bendix Dr. OmniSource Corp. 1305 W.Prairie Treadstone LLC 445 Sheridan St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2009. 4 REGULAR MEETING MAY 26, 2009 WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: Schrock Aggregate Co. 1702 N. Bendix Dr. OmniSource Corp. 1305 W.Prairie Treadstone LLC 445 Sheridan St. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Ordinance Violation Bureau Clerk’s communication to the City Clerk dated June 22, 2009. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. th Mr. John Voorde, South Bend City Clerk, 4 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Voorde stated that his office has since been given the responsibilities for the application and renewal of operation of Scrap Metal/Junk Dealers/Recycling Operations. He noted that in accordance with the procedure for the renewal of city business licenses these applications for the businesses mentioned in this Resolution received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. He noted that the applicants have met all of the requirements of the ordinance and is respectfully submitted for the Council’s approval. 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 Varner made a motion to adopt this Resolution. Councilmember LaFountain seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 09-39 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 2009 POLICE DEPARTMENT AND FIRE DEPARTMENT NEGOTIATIONS 5 REGULAR MEETING MAY 26, 2009 Councilmember Dieter made a motion to continue this bill until the June 8, 2009, meeting of the Council and send to the Personnel and Finance and Health and Public Safety Committees. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 09-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with no recommendation. th Bill Schalliol, Division of Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this resolution would approve a declaratory resolution adopted by the South Bend Redevelopment Commission. He stated that this process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the West Washington Chapin Develoment Area (WWCDA) to add the Hansel Center, located at 1045 West Washington Street, to the WWCDA Acquisition List. Mr. Schalliol noted that the Hansel Center is an historic landmark building in the West Washington-Chapin Street National Historic District. It was built in 1925, as a children’s dispensary, and later served as a neighborhood center and as the administrative offices of Head Start. He stated that a proposed joint venture between the City of South Bend and the University of Notre Dame would rehabilitate the building to house the Notre Dame Center for Art and Culture. The Institute for Latino Studies and Segura Publishing, a fine art print house which would relocate from Tempe, Arizona, would support numerous print and arts related community and university projects. Mr. Allert Brown-Gort, Associate Director, Institute for Latino Studies, 220 McKenna Hall, Notre Dame, Indiana, stated that he would be glad to answer any questions regarding the Institute. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis stated that he has some reservations about turning another vacant building into non-profit status. He asked if the various neighborhood organization had been contacted regarding this development. Mr. Phil Byrd, South Bend Heritage Foundation, noted that he has had discussions with various members of the neighborhood organization, however, he could not answer it the neighborhood organization were formally notified. Ms. Rita Kopala, 61559 Ivy Road, Lakeville, Indiana, stated that if the University of Notre Dame is involved, that they have the money and resources to oversee a project like this and the City should not be involved. 6 REGULAR MEETING MAY 26, 2009 Council Attorney Kathleen Cekanski-Farrand stated that a flow chart of responsibilities of various entities along with a time table for each of the entities involved should be included in the Resolution. th Mr. Don Inks, Director, Division of Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, offered to continue this bill until the June 8, 2009 meeting of the Council, so that further discussion with the various neighborhood organizations could take place. Councilmember Rouse made a motion to continue this bill until the June 8, 2009 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. BILLS – FIRST READING BILL NO. 36-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION TWO HUNDRED THOUSAND ($6,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had first reading. Councilmember White made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on June 8, 2009. Councilmember Henry Davis seconded the motion which carried by a voice vote seven (7) ayes. BILL NO. 37-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET 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 June 8, 2009. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 7 REGULAR MEETING MAY 26, 2009 BILL NO. 38-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2009 FROM THE WATER WORKS DEPRECIATION FUND (#622) AND THE SEWAGE WORKS DEPRECIATION FUND (#642) This bill had first reading. Councilmember White made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on June 8, 2009. Councilmember Rouse seconded the motion which carried by a voice vote seven (7) ayes. BILL NO. 39-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9822-08 WHICH APPROVED TEAMSTER EMPLOYEE WAGES FOR 2009-2010 BY ADJUSTING WAGES OF WATER WORKS SHUT OFF CLERK This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on June 8, 2009. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: BILL NO. 62-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 20-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 AND 3507 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, WITH CONTIGUOUS VACANT LAND, COUNCILMANIC DISTRICT SIX IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 23-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND ROAD, COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to accept the substitute version of Bill No. 62-09. Councilmember Henry Davis seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Rouse made a motion to refer Substitute Bill No. 8 REGULAR MEETING MAY 26, 2009 62-09; Bill No. 20-09 and Bill No. 23-09 to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 8, 2009. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 5:58 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 9