HomeMy WebLinkAbout04-27-09 Common Council Minutes
REGULAR MEETING APRIL 27, 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, April 27, 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
Timothy Rouse At-Large
Al “Buddy” Kirsits At-Large
Karen L. White 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 April 13, 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 Rouse made a motion that the minutes of the April 13, 2009 meetings of
the Council be accepted and placed on file. Councilmember Davis seconded the motion
which carried by a voice vote of nine ayes.
SPECIAL BUSINESS
There was no Special Business to come before the Council at this time.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:02 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 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.
Councilmember Puzzello stated that a brochure may be found on the railing in the
Council Chambers explaining those procedures.
PUBLIC HEARINGS
1
REGULAR MEETING APRIL 27, 2009
BILL NO. 22-09 PUBLIC HEARING ON A BILL TO VACATE
THE FOLLOWING DESCRIBED PROPERTY:
THE RIGHT-OF-WAY TO BE VACATED
IS DESCRIBED AS THE PORTION OF
FRANKLIN STREET RUNNING FROM THE
NORTH RIGHT-OF-WAY LINE OF INDIANA
AVENUE, NORTH TO THE SOUTH RIGHT-OF-
WAY OF STULL STREET, BEING A DISTANCE
OF APPROXIMATELY 1324 FEET MORE OR
LESS AND A WIDTH OF 57.75 FEET. ALSO TO
BE VACATED IS THAT PORTION OF THE
RIGHT-OF-WAY OF BROADWAY STREET
RUNNING FROM THE EAST RIGHT-OF-WAY
LINE OF FRANKLIN STREET, EAST TO THE
WEST RIGHT-OF-WAY OF LAFAYETTE
BLVD. BEING A DISTANCE OF
APPROXIMATELY 340 FEET MORE OR LESS
AND A WIDTH OF 74.25 FEET
Councilmember Varner made a motion to continue this bill until the May 11, 2009
meeting of the Council at the request of the petitioner. Councilmember Dieter seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 15-09 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21
OF THE SOUTH BEND MUNICIPAL CODE:
AMENDING ARTICLE 11 – DEFINITIONS TO
DEFINE THE BOARD OF ZONING APPEALS
AS THE AREA BOARD OF ZONING APPEALS
AND THEREBY ESTABLISHING THE AREA
BOARD OF ZONING APPEALS AS THE
BOARD OF ZONING APPEALS FOR THE CITY
OF SOUTH BEND, INDIANA
Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that
this committee met this afternoon on this bill and sends it to the Council with a favorable
recommendation.
th
Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the
Commission.
Ms. Nayder advised that this bill was initiated by the Area Plan Commission as a text
amendment to the zoning ordinance of the City of South Bend, to define the Board of
Zoning Appeals as the Area Board of Zoning Appeals. She noted that based on
information available prior to the public hearing, the staff recommends that the petition
be sent to the Common Council with a favorable recommendation. She stated that by
having one Board of Zoning Appeals, it will reduce the number of filing dates, meeting
dates, etc. She stated that the effective date of May 22, 2009 will allow time for the City
to transition to the Area Board of Zoning Appeals with minimal inconvenience to the
public.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
th
Mr. Jeff Jankowski, Deputy City Attorney, City of South Bend Legal Department, 14
Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in favor
of this bill. He stated that the elimination of having two separate meetings a month will
greatly increase the efficiency of the board as well as reducing the duplicate services and
still provide the needed services to City residents.
2
REGULAR MEETING APRIL 27, 2009
There being no one else 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 LaFountain
seconded the motion which carried by a voice vote of seven (7) ayes and two (2) nays
(Councilmember’s Henry Davis and Varner)
BILL NO. 27-09 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 6,
ARTICLE 6; SECTION 6-26.4(c), LOW
VOLTAGE PERMIT FEES, OF THE SOUTH
BEND MUNICIPAL CODE
Councilmember Dieter made a motion to continue this bill until the May 11, 2009
meeting of the Council at the request of the petitioner. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 29-09 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 14
OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW ARTICLE 10
ENTITLED USER FEES FOR SPECIAL PUBLIC
SAFETY SERVICES PROVIDED BY THE
SOUTH BEND POLICE DEPARTMENT
Councilmember Dieter made a motion to continue this bill until the June 8, 2009 meeting
of the Council at the request of the petitioner. Councilmember Kirsits seconded the
motion which carried by a voice vote of nine (9) ayes.
BILL NO 25-09 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING $1,000,000
OUT OF FUND 641 TO PAY COSTS
ASSOCIATED WITH CLEANING THE
ANAEROBIC DIGESTERS AT THE
WASTEWATER TREATMENT PLANT
Councilmember Oliver Davis, Chairperson, Utility 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.
th
Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for this bill.
Mr. Gilot advised that this bill would appropriate monies from the Sewage Works
Enterprise Fund #641 to the “Other Contractual” line item in the 2009 Sewage Works
budget for wastewater. Sewage Works Enterprise Fund #641 has the necessary monies to
cover the requested appropriation. The total dollar amount to be appropriated is
$1,000,000. These funds will be primarily used to cover the cleaning, repair and
rehabilitation of two of our anaerobic digesters. These digester play a critical role I the
final processing of biosolids at the plant and have not been cleaned in over 50 plus years
or rehabilitated in over 20 years. He stated that he believes this to be an infrequent
maintenance responsibility and they did not have engineering estimates until January
2009. Mr. Gilot hoped to complete this task during the 2009 construction season.
3
REGULAR MEETING APRIL 27, 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 nine (9) ayes.
BILL NO. 26-09 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND APPROPRIATING $4,098,521 FROM THE
COMMUNITY DEVELOPMENT FUND (FUND
212) FOR THE NEIGHBORHOOD
STABILIZATION PROGRAM FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF
THE DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT OF THE CITY OF
SOUTH BEND, INDIANA, AND DESIGNATED
SUBGRANTEE AGENCIES FOR THE
PROGRAM YEAR BEGINNING, MARCH 1,
2009, TO BE ADMINISTERED THROUGH THE
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
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
Pam Meyer, Director, Community & Economic Development, 12 Floor County-City
Building, 227 W. Jefferson Blvd. South Bend, Indiana, made the presentation for this bill.
Ms. Meyer advised that this bill would appropriate $4,098,521 in 2008 Neighborhood
Stabilization (NSP) funds. This action allocates new funds in accordance with the 2008
Action Plan and Amendment of the Housing and Community Development Plan
submitted to the Department of Housing and Urban Development on November 26, 2008,
and further amended and resubmitted on December 15, 2008. She stated that it was
discussed at the Community & Economic Development Committee on November 6,
2008, the 2008 HCD Action Plan NSP Amendment was the subject of a 15-day public
comment period that began November 11, 2008 and expired November 25, 2008. The
funds being made available are part of the Housing and Economic Recovery Act of 2008
(HERA) and represent a one time formula allocation to South bend as an entitlement
community. She stated that the City received the Release of Funds Notice on March 1,
2009. Grantees will have 18 months to use the funds awarded to them. That 18 month
period is triggered by HUD’s execution of the Grant Agreement, of which an executed
copy dated March 23, 2009 is on file in the office of Community and Economic
Development.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember’s Henry Davis and Rouse stated that they would like to have more
discussion on this bill. Additionally, Councilmember Henry Davis made a motion to
continue this bill until the May 11, 2009. Councilmember Rouse seconded the motion.
The motion carried by a roll call of seven (7) ayes and two (2) nays (Councilmember’s
Puzzello, Dieter.)
4
REGULAR MEETING APRIL 27, 2009
BILL NO. 28-09 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING THE SOUTH
BEND MUNICIPAL CODE AT CHAPTER 2,
ARTICLE 14, TO ADD A NEW SECTION 2-
170.13 ESTABLISHING A TAKE HOME
VEHICLE FUND #278 AND TRANSFERRING
MONIES FROM LIABILITY INSURANCE
FUND #226 TO THE NEW FUND #278
Councilmember Dieter made a motion to hear the substitute version of this bill.
Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee held a joint meeting with the Health and Public Safety Committee this
afternoon on this bill and sends it to the full Council with a favorable recommendation.
Councilmember Dieter disclosed that he is a Police Officer with the South Bend Police
Department and participates in the Take-Home Vehicle Liability Program. He advised
that he has a conflict of interest form filed with the Offices of the South Bend City Clerk;
St. Joseph County Clerk and the State Board of Accounts. He stated that after
discussions with Council Attorney Kathleen Cekanski-Farrand it was determined that no
conflict exists.
th
Chuck Leone, City Attorney, 14 Floor County-City Building, 227 W. Jefferson
Boulevard, South Bend, Indiana, made the presentation for this bill.
Mr. Leone advised that this substitute version has been revised to provide for codification
of the new Fund #278 with the South Bend Municipal Code, and also to transfer to the
new Fund monies within Liability Insurance Fund #266 which were deposited from
monthly payroll deductions of police officers participating in the Take-Home Vehicle
Liability Program.
There being no one present wishing to speak to the council either in favor of or in
opposition to this bill, Councilmember Rouse made a motion for favorable
recommendation to full Council. Councilmember Varner seconded the motion which
carried by a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Varner made a motion to rise and report to the full Council.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine
(9) ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Ann Puzzello, Chairperson
Committee of the Whole
5
REGULAR MEETING APRIL 27, 2009
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 7:45 p.m. Council
President Derek D. Dieter presided with nine (9) members present.
BILLS – THIRD READING
ORDINANCE NO. 9917-09 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH
BEND MUNICIPAL CODE: AMENDING
ARTICLE 11 – DEFINITIONS TO DEFINE THE
BOARD OF ZONING APPEALS AS THE AREA
BOARD OF ZONING APPEALS AND THEREBY
ESTABLISHING THE AREA BOARD OF
ZONING APPEALS AS THE BOARD OF
ZONING APPEALS FOR THE CITY OF SOUTH
BEND, INDIANA
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Puzello seconded the motion which carried. The bill passed by a roll
call vote of five (5) ayes and four (4) nays (Councilmember’s Varner, Rouse, Henry
Davis, Dieter.)
ORDINANCE NO. 9918-09 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $1,000,000 OUT OF FUND
641 TO PAY COSTS ASSOCIATED WITH
CLEANING THE ANAEROBIC DIGESTERS AT
THE WASTEWATER TREATMENT PLANT
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of nine (9) ayes.
ORDINANCE NO. 9919-09 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
AMENDING THE SOUTH BEND MUNICIPAL
CODE AT CHAPTER 2, ARTICLE 14, TO ADD
A NEW SECTION 2-170.13 ESTABLISHING A
TAKE HOME VEHICLE FUND #278 AND
TRANSFERRING MONIES FROM LIABILITY
INSURANCE FUND #226 TO THE NEW FUND
#278
This bill had third reading. Councilmember Varner made a motion to consider the
substitute version of this bill. Councilmember LaFountain seconded the motion which
carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a
motion to pass this bill as substituted. Councilmember LaFountain seconded the motion
which carried. The bill passed by a roll call vote of nine (9) ayes.
RESOLUTIONS
6
REGULAR MEETING APRIL 27, 2009
RESOLUTION NO. 3967-09 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 445 S MEADE
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:
445 S. Meade Street
In order to permit a special exception to allow a duplex.
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
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.
7
REGULAR MEETING APRIL 27, 2009
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, Building Department, 125 S. Lafayette
Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals.
Mr. Lyons advised that the petitioners are seeking a special exception to allow a duplex
in a “SF2” district, on property located at 445 S. Meade Street. Mr. Lyons stated that the
Board of Zoning Appeals held a public hearing on March 19, 2009, and send it to the full
Council with a favorable recommendation.
Jamie Galvez, 2020 Glen Street, South Bend, Indiana, made the presentation for this bill.
Mr. Galvez advised that he and his wife Maria are the owner’s of the property. He stated
that they are seeking this special exception to allow for a duplex
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 Oliver Davis made a motion to adopt this
Resolution. Councilmember Varner seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
BILLS – FIRST READING
BILL NO. 30-09 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST
EAST/WEST ALLEY SOUTH OF
WASHINGTON STREET FROM FRANKLIN
STREET TO THE FIRST NORTH/SOUTH
ALLEY FOR A DISTANCE OF 115.5 FEET,
MORE OR LESS AND A WIDTH OF 14 FEET.
BEING A PART OF VAIL’S SUBDIVISION,
PORTAGE TOWNSHIP, CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
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 May 11, 2009. Councilmember White seconded the motion which carried by
a voice vote of nine (9) ayes.
BILL NO. 31-09 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, TO REDUCE 2009 BUDGET
APPROPRIATIONS IN MOTOR VEHICLE
HIGHWAY FUND (#202)
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
May 11, 2009. Councilmember Oliver Davis seconded the motion which carried by a
voice vote of nine (9) ayes.
8
REGULAR MEETING APRIL 27, 2009
BILL NO. 32-09 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, TO REDUCE 2009 BUDGET
APPROPRIATIONS IN COMMUNITY AND
ECONOMIC DEVELOPMENT FUND (#212)
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
May 11, 2009. Councilmember Varner seconded the motion which carried by a voice
vote of nine (9) ayes.
BILL NO. 33-09 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL MONIES FROM THE GENERAL
FUND (#101), THE COUNTY OPTION INCOME
TAX FUND (#404), AND MOTOR VEHICLE
HIGHWAY FUND (#202)
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
May 11, 2009. Councilmember Oliver Davis seconded the motion which carried by a
voice vote of nine (9) ayes.
BILL NO. 34-09 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL MONIES FROM VARIOUS
FUNDS WITHIN THE CITY OF SOUTH BEND
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
May 11, 2009. Councilmember Oliver Davis seconded the motion which carried by a
voice vote of nine (9) ayes.
UNFINISHED BUSINESS
REPORT FROM BOARD OF ZONING APPEALS
BILL NO. 09-35 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 244 SOUTH
OLIVE STREET, SOUTH BEND, IN 46619
Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing and Third Reading on May 11, 2009.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine
(9) ayes.
REPORTS FROM AREA PLAN COMMISSION
9
REGULAR MEETING APRIL 27, 2009
BILL NO. 13-09 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
2517 AND 2521 WESTERN AVENUE,
COUNCILMANIC DISTRICT 2 IN THE CITY OF
SOUTH BEND, INDIANA
BILL NO. 16-09 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
117 NORTH TAYLOR STREET, SOUTH BEND,
INDIANA, COUNCILMANIC DISTRICT 2 IN
THE CITY OF SOUTH BEND, INDIANA
BILL NO. 21-09 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
244 SOUTH OLIVE STREET, SOUTH BEND, IN
ND
46619, COUNCILMANIC DISTRICT, 2
DISTRICT IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Varner made a motion to refer Bill Nos. 13-09; 16-09 and 21-09 to the
Zoning and Annexation Committee and set them for Public Hearing and Third Reading
on May 11, 2009. Councilmember Oliver Davis seconded the motion which carried by a
voice vote of nine (9) ayes.
NEW BUSINESS
The South Bend Common Council wished South Bend Tribune Reporter Jamie Loo,
good luck and best wishes on her new endeavor in Chicago, Illinois.
Ms. Loo stated that she will be working for the Freedom Museum in Chicago, Illinois as
st
a 1 Amendment Reporter. She stated that this was a bittersweet decision to leave South
Bend, as she has made so many friends here.
PRIVILEGE OF THE FLOOR
COMMENTS FROM MR. AL HEET REGARDING RUM VILLAGE
NEIGHBORHOOD ASSOCIATION
Al Heet, 2118 Kemble Avenue, South Bend, Indiana, stated that he is President of the
Rum Village Neighborhood Association. Mr. Heet stated that he is here tonight by
invitation by Council Member Oliver Davis to give a report on plans and concerns of the
Association. He stated that there are approximately 140 members in the association. He
stated that since the budget cut backs closed all the neighborhood partnership centers, the
Rum Village Neighborhood Association has been meeting at GreenTech Recycling in the
conference room. He thanked Mr. & Mrs. Morris for extended their hospitality to the
association. However, when all members are in attendance there are just too many
people for the conference room at GreenTech and therefore will be meeting at the Rum
Village Nature Center. He stated that members from the Department of Code
Enforcement and South Bend Police Department are in attendance for neighbors to ask
questions and relay their concerns of activities that are taking place in the neighborhood.
He stated that Council Member Oliver Davis attends the meetings and relays information
th
that is helpful throughout the 6 District. Mr. Heet advised that plans are to construct a
32 unit housing development on the old Oliver School site. In addition to those 32 units
there are plans for a community center. Mr. Heet stated that most concerns of the
residents are code enforcement issues. He stated that there are many homes in the Rum
Village Neighborhood that are in disrepair. Homeowners have the responsibility to keep
their property clean and up to code, however, many homes in the area are rental
properties and are not being kept up. Mr. Heet stated that the Rum Village Neighborhood
Association would like to extend an invite to all Council Members to attend their next
meeting and appreciates the time for listening to the residents of the neighborhood.
10
REGULAR MEETING APRIL 27, 2009
COMMENTS REGARDING THE GLBT AMENDMENT TO THE HUMAN RIGHTS
ORDINANCE
Carl Hardy – 1519 Marigold Way, South Bend, Indiana, asked the Common Council to
consider amending the Human Rights Ordinance to include language for gay, lesbian,
bisexual and transgendered persons.
Robin Black – IUSB, stated that she is a student as well as an employee at Indiana
University at South Bend. She stated that she has worked with Council Member Karen
White who is Vice-Chancellor at IUSB on numerous occasions and finds her to be a very
fair individual. However, she stated that she cannot believe that Council Member White
voted to defeat the amendment to the Human Rights Ordinance in 2006. She encouraged
the Council to consider amending the human rights ordinance to include language for
gay, lesbian, bisexual and transgendered persons.
Courtney Helman – St. Mary’ College stated that an environment in which GLBT people
cannot report discrimination only furthers intolerance. She cited the recent suicide of
Carl Walker-Hoover of Massachusetts, who repeatedly was taunted by classmates who
claimed he was gay. She stated that Walker’s mother reported the ongoing harassment to
school administrators.
Rebecca Gipson, 3929 Irish Hills Apt. 3A, stated that she is representing IUSB’s Family
Student Union. Ms. Gipson stated that fifty years ago five of the nine Council
representatives would not have been here and thirty years before that four other’s would
have been gone as well. It is 2009 and it is time for South Bend and all of the
communities within the United States to begin to judge people solely on their merit and
not just on the color of their skin, their gender, their sexual orientation or anything other
than has to do with their job performance.
Elizabeth Mooney – IUSB, stated that she teaches sex research at the Kinzie Institute at
IUSB. Ms. Mooney stated that she was before this Council three years ago explaining
that sexual orientation is not something that anyone chooses we are all born with a sexual
orientation. She stated that she is embarrassed that South Bend has not included sexual
orientation in its non-discrimination policies. She stated that because of the genome
studies that people come out of their mother’s uterus with a sexual orientation. It is not
something that anybody chooses, it is not a preference, its there. She stated that we don’t
choose to be blue eyed, or to be left handed or right handed, and don’t choose our sexual
orientation. It is time that everyone grow up, it’s 2009, let’s get it together, get it on the
agenda, let’s past it and put it to rest so three years from now, she doesn’t have to come
and tell everyone again.
Caitlin Worm – 107 S. Williams, North Liberty, Indiana, stated that she is the President
of the College Democrats at IUSB and Chairperson of the Northern Indiana College
Democrats and it’s a consortium of all the local universities. She stated that they have
done a lot over the past few years in the community and are looking to do more. She
stated that candidates that they have worked for are in favor of human rights. She stated
that there is no way that she would ever work on a campaign for anyone that wasn’t a
supporter of human rights. She commended and thanked Tom LaFountain because that
was one of the issues that was asked by the College Democrats and he responded that
absolutely he would extend the Human Rights Ordinance to include Sexual Orientation.
She also thanked Ann Puzzello for her prior support for this amendment and Al “Buddy”
Kirsits too. She urged the Council to consider amending the human rights ordinance to
include language for gay, lesbian, bisexual and transgendered persons. She pleaded the
Council to provide equal protection under the law for all residents regardless of sexual
orientation or gender identity. She also stated that by supporting such actions it
represents main street Hoosier values of fairness and equality. She quoted Bishop Darcy
“Everyone deserves to be treated fairly and with dignity, everyone should enjoy the same
basic human rights.” This is a basic human rights and it is something that is not chosen.
She stated that people are being discriminated against by people who just think that
someone is homosexual and that isn’t the case at all. She noted that they could be fired
and that would be perfectly legal. She used Councilmember Dieter as an example on the
11
REGULAR MEETING APRIL 27, 2009
South Bend Police Department and someone on the department thought he was
homosexual, they could fire him and that would be legal. She stated that she doesn’t
think that is right. Ms. Worm urged the Council to amend the human rights ordinance.
Mr. McCarthy, 815 ½ N. Main Street, Mishawaka, Indiana, stated that he is the
Sociology Club President at IUSB and he calls upon the Council to pass legislation
amending the South Bend Human Rights Ordinance to extend human rights protections
throughout the entire city. He pleaded with the Council to provide equal protection under
the law for all residents regardless of sexual orientation or gender identity. He stated that
such support represents Main Street Hoosier values and fairness and equality. He stated
that without question everyone deserves to be treated fairly and with dignity and should
be able to enjoy the same basic human rights. He stated that by discriminating against a
certain sect of people, the city is cutting out human capital that could be best served in the
community. He stated that people, who are productive and able to work, may be being
cut out of contributing to the community. A Community that so desperately needs new
revenue coming into its tax base.
Adam Kaler, 1202 S. St. Rd. 39 LaPorte, Indiana, stated that he attends IUSB. He stated
that the Council may think that this topic is unnecessary. He stated that some people
cannot think of someone verbally, economically or physically discriminate against a
person based upon sexual orientation or gender identity. Some people think that gays,
lesbians, bi-sexuals or transgenders need protection, he stated that he is here tonight to
hopefully give the Council a face to apply to an often overlooked population effected by
this amendment. A group that has an astronomical rate of suicide and depression, a
group that lives with the constant underlying fear of both physical and verbal abuse. He
stated that tonight he stands here as a man, just shy of 30 years old, a husband, a member
of the community, a member of the economy, a volunteer, a student, and a victim of hate.
Mr. Kaler stated that in his short life he has suffered verbal abuse, physical abuse, lose of
employment, and been a constant victim of fear, all because he was not born the way he
is seen today. He stated that he is transgendered. He realized that when the rest of the
world looks at him today, he seems like any other man, but it took years of struggle and
self discovery to get here. He stated that he hoped the Council can see the internal
struggle he went through to stand here tonight. He hoped that the Council can transfer
that struggle and consider the fear and self-loathing so many in his position go through
everyday. There is an ever present underlying fear that follows them into every situation,
the fear for their safety and the safety of their families. He questioned whether this
amendment would stop that fear, probably not, but it is a step in the right direction. This
is a step in the direction of telling the children of this community that they do not have to
be outsiders, it is a step in letting them know that they are protected. He stated that the
Council can take this simple step in the right direction and save countless lives, lives that
you otherwise would never see, but desperately need the Council’s help.
Joel Bazel, 8694 E. 850 N., New Carlisle, Indiana, thanked the Council for giving him
the opportunity to come and speak in tonight. He stated that he is a junior at IUSB. He
urged the Council to consider amending the human rights ordinance to include language
for gay, lesbian, bisexual and transgendered persons. He advised that in a few years he
and his classmates will be graduating from IUSB and moving out into the working world
to establish careers and lives for themselves. He can honestly say that he is afraid of
graduating, not because he is uncertain of what the future holds, but because he knows
that he can be legally dismissed from a job simply because he is gay. He stated that he
would consider moving to another area that has an ordinance already in place to protect
someone like him. He stated that if the Council does not take action now it will put the
City of South Bend at risk of losing qualified employees such as himself and his fellow
classmates. He stated that this will hurt the City of South Bend both economically and
socially. Sociologists refer to this as “brain drain.” He urged the Council to consider
amending the South Bend Human Rights Ordinance.
12
REGULAR MEETING APRIL 27, 2009
Zach Duncan – IUSB Equality Vice-President, asked the Common Council to consider
amending the Human Rights Ordinance to include language for gay, lesbian, bisexual and
transgendered persons. He stated that without adding language for GLBT people to the
ordinance, he doesn’t think he would be protected by the law if he was fired from a job
for being gay. He stated that after he graduates he would consider leaving South Bend
for a job market that has GLBT protections.
Kathleen Shurcliffe - 306 Baden Hall, Notre Dame, Indiana, stated that she is a student at
the University of Notre Dame. She stated that she is the Vice-President of the Notre
Dame College Democrats Chapter and the Finance Director of the Indiana College
Democrats, and a young member of the South Bend Community. She stated that a
governing body has the legal responsibility to uphold the rights and liberties upon which
it was founded. It is the obligation of the South Bend City Council to protect the
freedoms of its citizens. Freedoms which promote a strong economy for the City,
freedoms which foster a spirit of equality and community life and freedoms which bolster
the very integrity of the City of South Bend in itself. An ordinance that excludes and
promotes injustice by its narrow scope is a fisher in the legal foundation that legitimizes
every right and every freedom we enjoy as citizens of South Bend. She calls upon the
South Bend City Council to amend the South Bend Human Rights Ordinance, extended
the measure to ensure protection from discrimination on the basis of sexual orientation
and gender identity for all members of the community.
Felix Marquez – 115 N. St. Louis, South Bend, Indiana, stated that he is a student at
IUSB and will be graduating in two years and as a gay man he is afraid of what would
happen to him if his future employer would find out that he was gay. Also as an
international student who came from a country that at some point did not respect the
human rights and is sad to know that South Bend does not respect the human rights of
every individual. He urged the Council to consider passing an amendment that could
respect all human rights.
April Odynski – 536 S. Sunnyside, South Bend, Indiana, stated that she was here three
years ago for this same conversation and was very moved by those Councilmember’s that
supported this amendment. She encouraged the Council to consider amending the human
rights ordinance to include language for gay, lesbian, bisexual and transgendered persons.
She stated that she works at IUSB and is very proud to be part of a group called the
Campus Ally Network, comprised of staff, faculty and students who are committed to
supporting the rights of all students on campus, especially GLBT students. This is a
group that is supported by the Chancellor and the Chancellor’s cabinet and it has been
great to be a part of that group. She certain hopes that South Bend is ready to take that
next step and join some many other municipalities that recognize all of their citizens and
protect every single citizen. She stated that no one loses when it is guaranteed that
everyone has equal rights. She stated that she is optimistic about the next steps here.
Henry Vasquez – Notre Dame College Democrats President, Notre Dame, Indiana, stated
that everyone should have basic human rights and that it took progressive changes in this
country for African-Americans to be treated equally. Mr. Vasquez said he hopes Council
Members will take a stand and be part of the next movement to guarantee rights for
GLBT individuals.
COMMENTS REGARDING BILL NO. 29-09
Thomas Klempay – 1733 S. Walnut, South Bend, Indiana, asked if he could speak
regarding Bill No. 29-09 that was on tonight’s agenda.
Council President Dieter advised Mr. Klempay that he cannot discuss any item that
appeared on tonight’s agenda. However, he advised Mr. Klempay that he can discuss the
bill with any Councilmember after the meeting.
13
REGULAR MEETING APRIL 27, 2009
ADJOURNMENT
There being no further business to come before the President Derek D. Dieter adjourned
the meeting at 8:34 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Derek D. Dieter, President
14