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HomeMy WebLinkAbout06-22-09 Common Council Mintues REGULAR MEETING JUNE 22, 2009 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, June 22, 2009 at 7:00 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 Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Karen L. White At-Large Absent: Timothy Rouse 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 June 8, 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 White made a motion that the minutes of the June 8, 2009 meetings of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS WELCOME BOY SCOUT TROUP 173 FROM GRACE UNITED METHODIST CHURCH Council President Dieter welcomed Boy Scout Troup 173 from Grace United Methodist Church. ANNOUNCEMENT OF COUNCILMEMBER ROUSE AS THE COUNCIL REPRESENTATIVE TO THE NEIGHBORHOOD RESOURCES COMMISSION (NRC) Council President Dieter announced that Councilmember Timothy Rouse will be the Council’s representative to the Neighborhood Resources Commission (NRC), replacing Councilmember Ann Puzzello, effective immediately. 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 Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Puzzello, Chairperson, presiding. 1 REGULAR MEETING JUNE 22, 2009 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. Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 41-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson Zoning & Annexation 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. Catherine D. Hostetler, Director, South Bend and St. Joseph County Historic Preservation Commission, 227 West Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Hostetler advised that based on the Historic Preservation Commission’s Local Landmarks Criteria as adopted by the Common Council, the site at 113 South Laurel can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: 1. Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represents an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. Ms. Hostetler noted that the building fulfills criteria #1 as an excellently preserved example of the Free Classic architectural style. The house was constructed in 1903 and possess its original building materials and windows. This home is rated Notable in the 2005 City of South Bend Interim Survey of Historic Sites and Structures. The interior of the home has been completely restored. She added that the building fulfills criteria #2 by the integrity of its original construction with only minor alterations. Alterations are limited to enclosure of the rear first storey porch and its second storey sleeping porch and a new front porch balustrade. The building fulfills criteria #3 by its association with its builder, Clement Smogor. Clement Smogar emigrated from Poland in 1882 at the age of 6. He became involved with the lumber business in 1897 and in 1912 established the Smogor Lumber Company. He was also the president of Elkhart Lumber and Supply Company and was connected with his father’s company, A. Smogor and sons Coal and Builders’ Supply. In addition to being a prominent lumberman he was also a banker. He was active in the organization of the People’s State Bank and served as its president. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 42-09 PUBLIC HEARING ON A BILL OF THE 2 REGULAR MEETING JUNE 22, 2009 COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson Zoning & Annexation 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. Catherine D. Hostetler, Director, South Bend and St. Joseph County Historic Preservation Commission, 227 West Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Hostetler advised based upon the Historic Preservation Commission’s Local Landmarks Criteria as adopted by the Common Council, the site at 305 South Eddy/1032 East Wayne can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #1 as a surviving example of a gable front cottage built in 1882 of native South Bend yellow brick and local materials. Ms. Hostetler noted that the building also fulfills criteria #2 because the integrity of its original construction design and its original materials are intact and readily identifiable. The building fulfills criteria #3 by its association with Sorden Lister a member of one of the early pioneer families of St. Joseph County of the 1830’s he also served as postmaster and First Ward Councilman. The structure served as a physician’s office from 1957-1982 for Dr. Agatha Wilhelm’s Internal Medicine practice. Dr. Wilhelm graduated from Northwestern School of Medicine in 1936 became assistant director of the South Bend Medical Foundation between 1936-1943 and had a fellowship of Internal Medicine at Mayo’s Clinic between 1941-1943. Her first husband was Joseph W. Lauber (died 1964) son of Joseph C. Lauber (1869-1947), founder of J.C. Lauber, a local roofing and sheet metal concern that is still family owned. The building is currently owned by Elizabeth Lauber, M.D. and was used by her to house her medical practice. She is the daughter of Dr. Wilhelm and Joseph W. Lauber. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 40-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $578,644.00 FROM STUDEBAKER/OLIVER REVITALIZATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN- UP OF BROWNFIELD SITES 3 REGULAR MEETING JUNE 22, 2009 Councilmember Henry Davis, Vice-Chairperson, Community and Economic Development 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. th Ms. Ann Kolata, Department of Community & Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill would appropriate funds from a $400,000.00 EPA grant for our Brownfields Revolving Loan Fund and $178,644 in repayments from previous loans made from this fund. These funds will be used to make additional loans/grants for environmental remediation within the City of South Bend as allowed under EPA rules. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 43-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) Councilmember LaFountain, Chairperson, Personnel and Finance 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. th Ms. Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that it is necessary to make some various building repairs to the Hall of Fame due to aging equipment and the building. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 44-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY Councilmember LaFountain, Chairperson, Personnel and Finance 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. th Ms. Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 4 REGULAR MEETING JUNE 22, 2009 Ms. Fanello advised that since 2009 property tax bills have not been sent out by St. Joseph County, it is necessary to transfer monies by June 30, 2009 from various city funds to the depleted property tax funds in order to meet operational expenses. All funds will be paid back once property taxes are received and must be paid back by December 31, 2009. Ms. Fanello noted that however, should this borrowing extend into 2010 because 2009 property taxes are not received, another ordinance will need to be filed declaring an emergency in order to extend the borrowing past 2009. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) 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 Council Chambers on the fourth floor of the County-City Building at 7:16 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9938-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 5 REGULAR MEETING JUNE 22, 2009 ORDINANCE NO. 9939-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9940-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $578,644.00 FROM STUDEBAKER/OLIVER REVITALIZATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN- UP OF BROWNFIELD SITES This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9941-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9942-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 6 REGULAR MEETING JUNE 22, 2009 RESOLUTIONS RESOLUTION NO. 3977-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 747 S. MICHIGAN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 747 S. Michigan Street, South Bend, Indiana In order to permit: A Special Exception to allow a Group Residence in a “MU” District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 7 REGULAR MEETING JUNE 22, 2009 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a Special Exception to allow a Group Residence in a “MU” District. The Board of Zoning Appeals gave it a public hearing on May 21, 2009 and sends this bill to the Common Council with a favorable recommendation. Mr. Richard Nussbaum, Attorney, 210 S. Michigan Street, South Bend, Indiana, made the presentation on behalf of Mr. Robert L. Miller, Sr., a contingent purchaser for the property located at 747 South Michigan Street, South Bend, Indiana. Mr. Nussbaum, advised that Judge Miller is a tireless advocate on behalf of veterans. He has been working with the Center for the Homeless, Inc. due to the fact that an inordinate number of veterans are in need of housing and other social services. The Center for the Homeless and Judge Miller have developed a program entitled “Miller’s Vets Program.” He stated that the programming consists of the following: Veterans Amnesty – given the fact there are no VA emergency shelters, the Center for the Homeless is going to make available an extension of the current weather amnesty program so that veterans may immediately access emergency housing services during the course of the year. Veterans Drop-In Center – an expansion of the veterans amnesty program is to include daytime services, both basic (laundry, food, clothing, hygiene) and supportive programming so that veterans may access medical, pension, disability, mental health/substance abuse treatment, adult education, and rehab services. Veterans Permanent Support Housing – as a final expansion of the Miller’s Vets Program, permanent housing will be considered and provided at the building located at 747 South Michigan. There is no current timetable for the permanent support housing, but it is important that additional emergency housing be provided to veterans. Mr. Nussbaum noted that the Veterans Amnesty and Veterans Drop-In of Miller’s Vet Programming may be provided at 747 South Michigan under the current “MU” zoning (Section 21-03-02 of the City of South Bend Zoning Ordinance.) These services are permitted uses under Section 21-03- 02(A)(1)(F). However, the program which provides for emergency residential services, is a Special Exception Use under Section 21-03.02(a)(2)(F). Mr. Nussbaum asked for the Council favorable consideration. A Public Hearing was held on the Resolution at this time. Mr. Danny Forrest, one of Miller’s Vets, stated that the facility is much needed. He stated that he came there with a broken-down spirit. He stated that he doesn’t have a broken down spirit anymore. The center has programming in place to get lives back on track. He noted that he had been lost but is not lost anymore. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. 8 REGULAR MEETING JUNE 22, 2009 Councilmember White made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3978-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1823 S. ST. JOSEPH STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1823 S. St. Joseph St. In order to permit: A Special Exception to allow an Adult Care Facility, Assisted Living, Group Home in a “SF2” District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 9 REGULAR MEETING JUNE 22, 2009 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Lyons advised the petitioners are seeking a Special Exception to allow an Adult Care Facility, Assisted Living, Group Home in a “SF2” District. He stated that the Board of Zoning Appeals gave it a public hearing on May 21, 2009 and sends it to the Common Council with a favorable recommendation. Ms. Charlotte Richmond, 1515 Strathmore Court, South Bend, Indiana, made the presentation for this bill. Ms. Richmond advised that she is seeking a special exception for zoning of 1823 South St. Joseph Street. She stated that she is a registered nurse for the past 25 years and would like to open a group home. She advised that the Adult Group Home will house four adults with physical disabilities and senior citizens needing support care. There will also be support staff in the home. She noted that this adult group home will no be injurious to the public health nor the safety of the neighborhood and will maintain the comfort and moral standard of the community. This adult group home will inevitable improve the general welfare of this neighborhood by supporting the Disabled and Aging Adults in the community. This adult group home will no affect the existing property, and will maintain, if not, improve the value of the property because she will have to abide by the strict guidelines set by the State. She further noted that this means that not only the interior but the exterior as well will have to meet all safety regulations. She noted that this adult group home will not affect the adjacent properties in this area. Ms. Richmond stated that giving these disabled and aging adult a homelike environment to live together like a family, we are taking on the responsibility to care for the senior citizens in the community. 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 LaFountain made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 10 REGULAR MEETING JUNE 22, 2009 BILL NO. 09-48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS PORTAGE PRAIRIE DEVELOPMENT, LOT 2 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR WAGGONER FARM DEVELOPMENT, L.P. (ONTARIO PARTNERS, L.P.) Councilmember Varner made a motion to continue this bill until the July 13, 2009 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 46-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $955,315.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on July 13, 2009. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 47-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, SECTION 17- 4 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING INFLOW TO THE CITY’S SANITARY SEWER SYSTEM This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on July 13, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETING JUNE 22, 2009 UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis announced that the bus pick-up and drop-off at Washington High School has been relocated to the back side of the school. He stated that this will alleviate the traffic congestion in the morning when students are being dropped off and in the afternoon when students are being picked up and to keep buses and cars separate. Councilmember Henry Davis gave a report on his trip to Atlanta, Georgia, to attend the Young Elected Official Conference. He stated that the trip was a great opportunity to meet with other young elected officials from around the country and to exchange ideas. He stated that this nation is moving forward and the youth are becoming involved in their communities and running for elected office. He stated that he met three Councilmember’s from St. Louis all under the age of thirty years old, who told him that they have elected three State Senators from the State of Missouri all under the age of thirty. He stated that this conference helped him stay focused on the issues in his District and the City of South Bend. He stated that he plans on attending next years Young Elected Officials Conference and to keep connected with the friendships that he made this year. Councilmember Davis noted that he will be working with the local Latino Community to help Sonia Sotomayor get nominated to the Supreme Court. PRIVILEGE OF THE FLOOR Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, spoke regarding the budget process. He questioned whether the Council will be budgeting for outcomes. He asked if the Council will be looking at some of the services that the various City Departments offer and question those Department Heads to see if maybe that particular service would be cheaper for the City to hire out or consolidate with another department. Mr. Niezgodski mentioned for instance the City’s Print Shop and Maintenance Garage. He questioned whether the City has looked at outsourcing the print shop. He also questioned the maintenance garage and their basic service and repairs on city owned vehicles, if it would be cheaper to do them in-house or contract out. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 7:50 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 12