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HomeMy WebLinkAbout05-11-09 Common Council Minutes REGULAR MEETING MAY 11, 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, May 11, 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 April 27, 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 April 27, 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 RESOLUTION NO. 3968-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING MAY 8 – MAY 15, 2009, AS POLICE OFFICERS MEMORIAL WEEK IN SOUTH BEND, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, notes that in 1962, President John F. Kennedy signed a Presidential Proclamation honoring the tens of thousands of law enforcement officers who made the ultimate sacrifice; with an annual memorial service taking place each year thereafter; noting that 140 officers died in the line of duty in the United States in calendar year 2008; and 1 REGULAR MEETING MAY 11, 2009 Whereas, the Common Council notes that the National Law Enforcement Officers Memorial in Washington, D.C., honors more than 18,350 of America’s federal, state and local law enforcement officers who have been killed in the line of duty, with this annual week of memorial services requiring all American flags to be lowered to half- staff; and has a week of activities to honor these Fallen Police Heroes; and Whereas, the South Bend Common Council further recognizes that on Friday, May 8, 2009 the Fraternal Order of Police, Lodge # 36 conducted the City of South Bend’s annual tribute and memorial service to honor all of the South Bend Police Department Officers who have given their lives in the line of duty, namely: Hans BrandtPaul R. DeguchLewis KellerDelbert Thompson Fred E. BulandCharles E. Farkas, Sr.Neil McIntyreLloyd Thompson Oscar Christensen Thomas J. DeRue, Sr.Nick S. PolizottoHoward Wagner Samuel CooperRonald St. Germain, Sr.Scott Lee SevernsHoward Wagner with each of these officers having served our City with courage, commitment, honor and the utmost of professionalism; with each of them also being remembered in the Police Unity Tour, the Candlelight Vigil, the Concerns of Police Survivors Seminar, and the National Peace Officers Memorial Service and the events National Law Enforcement Museum held in Washington, D. C. during the 2009 Police Officers Memorial Week. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates, celebrates, remembers and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice. Each of these officers gave their life while serving & protecting the residents of the City of South Bend. We salute and embrace each of their family members and friends. Section II. The South Bend Common Council honors each of our fallen police heroes who have had the 10-42 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and selflessly performed their police duties on a 24/7 basis. Section III. The Common Council hereby declares May 8 - May 15, 2009, as Police Officers Memorial Week in South Bend, Indiana.The Common Council urges all citizens to remember those who have given their lives while serving as part of the “thin blue line” standing between the lawful and the lawless. With grateful hearts, the South Bend Common Council honors each of our dedicated police officers who are serving today for their individual commitment to their police careers and for their daily commitment to making our community safe & secure. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney 2 REGULAR MEETING MAY 11, 2009 th Attest: Adopted this 11 day of May, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 East LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Chief Boykins. Chief Boykins, Cpl. Stewart; Sgt. Jim Walsh; Cpl. Shannon; Cpl. Ingle, thanked the Council for this honor. They stated that this is very special and has great meaning for the families of those officers who have lost their lives in the line of duty. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) 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 BILL NO. 13-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2517 & 2521 WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. 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 substitute bill to the full Council with an unfavorable recommendation. th 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 the petitioner is requesting a zone change from MU Mixed use District to CB Commercial Business District to allow Collision Car Repairs. She stated that on site is a vacant commercial building. To the north is an alley and two vacant lots zoned SF2 Single Family and Two Family District. To the east is a junkyard zoned LI Light Industrial District. To the south is a beauty shop and 2 apartments. On the south side of Western Avenue is a vacant commercial building and a single family home zoned MU Mixed Use District. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. The site is 7,200 square feet. The proposed auto repair will use 2,400 square feet of the existing building. The building covers 33% of the site. The paved area covers 4,800 square feet or 67% of the site. There is no measurable open space. The site has access from Western Avenue. The access to the car repair portion of the building is from the alley to the north. Prior to 2004, this property was zoned C Commercial. When the new zoning map and 3 REGULAR MEETING MAY 11, 2009 ordinance were passed in 2004, properties on both sides of Western to Kentucky Street were rezoned to MU Mixed Use. Western Avenue is a four lane road. There is an alley to the east and north of this site. She stated that the Building Department reported that if the entire property is rezoned, the use of the residential units will be jeopardized. Because of the proximity to residential, building upgrades (i.e. firewall) will be required prior to occupancy. The City Engineer noted that the alley cannot be used to park vehicles. The Community and Economic Development Department stated that this rezoning would have a negative effect on the area’s appearance and would work against the revitalization efforts of the City and the neighborhood. Further concerns are the small size and mid-block location of the rezoning. She noted that City Plan UD 4.2 stated to establish attractive gateways at key entry points into the city and ensure aesthetically pleasing street amenities along those corridors. Western Avenue forms on e of the longest “gateways” into the city. A Vision Plan for the Commercial Corridor of the Western Avenue of South Bend, Indiana Western Avenue Threats: The absence of off- street parking frustrates potential shoppers and discourages individuals thinking of opening businesses along Western Avenue. The revitalization of Western Avenue corridor must take into account the neighborhoods for a successful corridor redevelopment. The Western Avenue corridor largely consists of small businesses on tightly spaced lots. Meade Street north of Western Avenue has single family homes. The present business and apartments connected to the proposed use are currently allowed in Mixed Use. Auto-related uses are not. The most desirable use for this parcel is mixed use of residential and less intense business use. The property values of the single family homes to the north may be negatively affected. It is responsible development and growth to maintain the existing uses and not increase the intensity. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Ms. Nayder advised that the site is currently being used in compliance with the Mixed Use District. The increased intensity of adding this auto-related business is not compatible with the residential properties to the north and will be detrimental to the surrounding neighborhood. A change in zoning will require a number of variances since the site cannot comply with landscaping and parking requirements due to its small size. Ms. Reyna Benitez, 2517 Western Avenue, South Bend, Indiana, stated that she is here to request a rezoning on this property to allow for a collision car repair shop. She brought photographs showing some landscaping that she had done. She stated that the building has been used for car sales and service for over 50 years. 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 unfavorable recommendation to full Council concerning this bill as substituted. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 16-09 PUBLIC HEARING ON A BILL 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 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. 4 REGULAR MEETING MAY 11, 2009 th 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 the petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow existing single family home. On site is an existing single family home. To the north is a single family home zoned MU Mixed Use District. To the east across Taylor Street is the parking lot for an office building. To the south is a vacant lot owned by the petitioner. To the west are apartments zoned MF1 Urban Corridor Multifamily District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. No site plan is required. There is an existing house. Taylor Street is two lanes. There is no alley access. She noted that City Plan, South Bend Comprehensive Plan, November 2006 H 2.6 Encourage homeowners to maintain their homes. The addition of a garage supports the continued use of the site as a single family home. The future land use plan shows this area as Mixed Use and Multi-family. There is a small apartment building at northwest corner of Taylor Street and Washington Street. Just north of that is a janitorial business. The rest of the block north to Colfax Street consists of single family homes. The northeast corner of Taylor Street and Washington Street is an office building and parking lot. At the southeast corner of Taylor and Colfax is a printing business. The general uses within several blocks are a mixture of single family, multi-family, and office. The most desirable use is to maintain the continued use of the existing house as a residence. The surrounding property values should not be affected. It is responsible development and growth to allow a single family home to continue to be used as such. 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. It is appropriate at this time to allow the continued and expanded use of this site as a residence. Donald Irminger, 117 N. Taylor, South Bend, South Bend, Indiana, stated that he went to start to build a garage and found out that the property was zoned Mixed Use. He stated that he has lived there for over 22 years. He stated that he was initially told that the zoning of Mixed Use prohibited such a thing and now he understands that that is not actually true. In response to that he applied for this rezoning. 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 Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 21-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT ND 2 DISTRICT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. 5 REGULAR MEETING MAY 11, 2009 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 substitute bill to the full Council with an unfavorable recommendation. th Joel Klug, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Klug advised that the petitioner is requesting a zone change from GI General Industrial District to CB Community Business District to allow Auto Sales. On site is a 22,396 square foot multi-tenant building zoned GI General Industrial District. To the north is a U.S. Post Office zoned GI General Industrial District. To the east is a roofing supply facility and a distribution center zoned GI General Industrial District. To the south is a vacant lot and a gas station zoned GI General Industrial District. To the west is a freight shipping center zoned GI General Industrial District. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is approximately 85,984 square feet. The subject property contains a 22,395 square feet building that covers approximately 26% of the site. The site plan shows 120 parking spaces at 59,510 square feet or 69% of the site. The remaining 5% of the site is shown as open space. Since 1996 the subject property has been zoned for industrial uses. The parcels immediately adjacent to the subject parcel are all zoned GI General Industrial district. Two parcels located on the northeastern and northwestern corners of the intersection at Western Avenue and Olive Street are zoned CB Community Business District. Olive Street is two lanes. The site will be served by public water and sewer from the City of South Bend. The City Engineer recommends paving the south access easement. The City Planner responsible for the Western Avenue Steering Committee recommends in favor of this rezoning because it is not inconsistent with the City Plan Future Land Use Map, and will aid in the City's redevelopment objectives. City of South Bend Comprehensive Plan, November 2006 Objective LU 6: Focus development efforts within the Service Area. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Objective ED 2: Retain existing businesses and recruit new ones to the city. The rezoning is consistent with the Comprehensive Plan's economic development and land use policies. City of South Bend Comprehensive Plan, November 2006 Future Land Use Plan: The map shows this property as Heavy Industrial. The rezoning is not consistent with the Future Land Use Map. The area surrounding Olive Street between Washington Street and Western Avenue consists of industrial and commercial uses. The most desirable use for this property is commercial and/or industrial. The surrounding commercial and industrial property values should be conserved with the CB rezoning. It is responsible development and growth to reuse an existing commercial/industrial building to expand commercial opportunities. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. This rezoning will allow for the expansion of an existing commercial business in what is currently an underutilized business center. By allowing the split zoning of GI General Industrial and CB Community Business, the subject parcel will be able to be fully utilized. On April 16, 2009 the ABZA granted a special exception to allow for auto sales in the CB zone as well as other variances for setbacks and landscaping. Mr. Dan VonBergen, Kil Architecture/Planning, 1126 Lincolnway East, South Bend, Indiana, made the presentation on behalf of Mr. Alfonse Van Overberghe. Mr. VonBergen advised that the petitioner is requesting a rezoning for the west portion of the existing parcel to CB Community Business District to allow for allowed uses. The existing East half of the site will remain GI (General Industrial District). A special exception (for exterior car sales) and variances are being sought from the BZA, concurrent with this split rezoning. He stated that the present zoning, which is “GI” general industrial zoning does not permit some of the types of retail uses that a CB zoned parcel would allow. The existing multi-use building was the former Romy Hammes Auto dealership and was purchased by Mr. VanOverberghe in 2002. The present zoning is GI 6 REGULAR MEETING MAY 11, 2009 General Industrial in order to accommodate exterior auto sales, a rezoning of the west portion of the parcel and a special exception for exterior auto sales and variances are requested. The owner’s intent is to maximize the marketability of the multi-use building and to bring it into compliance with the present ordinance. 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 substitute bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this substitute bill. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Dieter.) 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, Chairperson, Public Works and Property Vacation 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 due to a lack of a quorum. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for the bill on behalf of the City of South Bend Redevelopment Department, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Mr. Danch advised that the City is requesting the vacation of a portion of Franklin Street, and the described portion of Broadway Street. These rights-of-way are located between Indiana Avenue and Stull Street. The reason for this request is to allow the City of South Bend to develop a one lot Minor Subdivision which is for the proposed Transpo Bus facility project. 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 Gary Gilot, Director, Board of Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that Board of Public Works reviewed this petition and sends it to the Common Council favorable. 7 REGULAR MEETING MAY 11, 2009 There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 30-09 PUBLIC HEARING 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 Councilmember Varner, Chairperson, Public Works and Property Vacation 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 due to a lack of a quorum. Steve Mihaljevic, Owner, Mag Mile Properties, LLC, 6348 North Milwaukee, Suite 341, Chicago, Illinois, made the presentation for this bill. Mr. Mihaljevic advised that he is currently renovating the property at 117 Franklin Place. He stated that the vacation is to provide increased larger and safer access to apartments by tenants; to provide a greener area around the property for the comfort of the tenants and to the benefit of the neighborhood, also, to eliminate the amount of traffic next to the building and tenant doors and windows. 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. 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 Varner made a motion to continue this bill until the May 26, 2009 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 8 REGULAR MEETING MAY 11, 2009 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, 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 a favorable recommendation. th Jeff Vitton, Community and Economic Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Vitton advised that this bill would allow for the appropriation of $4,098,521 of 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. Mr. Vitton further noted 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. 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 the CED Department has a fully executed copy dated March 23, 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. BILL NO. 24-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND NO. 101) AND PARKS AND RECREATION FUND (FUND NO. 201) 9 REGULAR MEETING MAY 11, 2009 Councilmember Dieter advised that he is a member of the South Bend Police Department and has filed his disclosure form with the Office of the City Clerk. He stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict of interest. Councilmember Kirsits advised that he is a member of the South Bend Fire Department and has filed his disclosure form with the Office of the City Clerk. He stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict of interest. Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported nd that this committee held a Public Hearing on this 2 substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Catherine Fannello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fannello advised that on November 10, 2008, the South Bend Common Council approved the City’s 2009 operating budget as Ordinance No. 9874-08. At that time, it was likely, but not certain, that 2009, tax revenues would not be sufficient to fund the approved appropriations at 100% due to the impact of HEA 1001 which provides various tax caps. Because of the now certain lost revenue effect of this recent legislation, and the inability of South Bend to recover the loss in 2009 through other measures, the appropriations from General Fund (No. 101) and Parks and Recreation Fund (No. 201) must be reduced from the sums approved in Ordinance No. 9874-08. She noted that all salary levels were frozen at the 2008 levels except for Police, Fire, and Teamster contract salaries. All Department Heads and various Directors or other high-level positions took a 5% pay cut. Employees were transferred to other funds if it could be substantiated that the employees are a direct cost of another fund. In several cases, the costs are shared between two funds. Various supply and service accounts reduced where possible in order to cut costs. Other items such as the annual subsidy to the Art Museum and the Code Hearing Officer were transferred to the Local Option Income Tax Fund 404 for the remainder of 2009. Ms. Fanello stated that it will be necessary to watch the budget closely over the next few months to ensure departments are able to adhere to the commitments made to reduce the budget. She noted that these changes are large and would expect that there might be errors or oversights. She stated that it is critical that steps be taken to completely conform to the new revenue estimates that are upon the city in 2010. She advised that without doing so, the City’s cash will be in a detrimental situation during 2010. She stated that additional ordinances may be filed over the next few weeks to further reduce or correct 2009’s budget. 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 as substituted. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31-09 PUBLIC HEARING 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) 10 REGULAR MEETING MAY 11, 2009 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Catherine Fannello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fannello advised that because of decreases in tax revenues from the time when South Bend enacted its 2009 Budget, Ordinance 9874-08, it has become necessary to reorganize the City’s Budget and to reduce various appropriations within certain City Funds. She stated that this is a reorganization of personnel by absorbing some of the personnel from the General Fund. She stated that the reduction in appropriation from the Motor Vehicle Highway involves moving five (5) positions from MVH to the Sewer Department in the Sewer Fund (#641). She noted that the total reduction is $234,243. 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 as substituted. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32-09 PUBLIC HEARING 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) Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Catherine Fannello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fannello advised that this bill would allow for the appropriation reductions in Fund #212. She stated that these reductions will help relieve the General Fund by aiding in reducing the General Fund’s subsidy to Fund 212 for the department’s operations. 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 as substituted. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETING MAY 11, 2009 BILL NO. 33-09 PUBLIC HEARING 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) Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Catherine Fannello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fannello advised that it has become necessary to make additional appropriations from the General Fund #101, the County Option Income Tax Fund #404, and the Motor Vehicle Highway Fund #202 in excess of the 2009 Budget previously adopted. The General Fund money is being transferred from the insurance fund to pay for repairs to the Morris and Palais due to damage sustained from water and a vehicle. COIT expenses for the Art Museum, Code Hearing Officer, and Studebaker Management are being transferred from the General Fund in order to relieve the General Fund of these expenses for the remainder of the year. MVH, the manager of Traffic and a Janitor are being transferred to the MVH fund to align the direct cost with the appropriate funding source. She noted that the Manager of Traffic is transferred at 100% and the Janitor is transferred at 72% with the remaining 28% being transferred to the Sewer Fund. She advised that the funds affected by these additional appropriations have monies sufficient to support these appropriations. 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 as substituted. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 34-09 PUBLIC HEARING 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 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. 12 REGULAR MEETING MAY 11, 2009 th Catherine Fannello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fannello advised that this bill would allow for additional appropriations from various funds within the City of South Bend in excess of the 2009 Budget previously established. She noted that the funds affected by these additional appropriations have monies sufficient to support the appropriations identified in this Ordinance. 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 Kirsits made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) 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 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 8:02 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING BILL NO. 13-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2517 & 2521 WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion that this substitute bill be defeated. Councilmember White seconded the motion which carried by a roll call vote of eight (8) ayes. 13 REGULAR MEETING MAY 11, 2009 ORDINANCE NO. 9920-09 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 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9921-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619, ND COUNCILMANIC DISTRICT 2 DISTRICT IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Dieter.) ORDINANCE NO. 9922-09 AN ORDINANCE 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 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 14 REGULAR MEETING MAY 11, 2009 ORDINANCE NO. 9923-09 AN ORDINANCE 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 third reading. Councilmember Oliver Davis 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. 9924-09 AN ORDINANCE 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 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9925-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND NO. 101) AND PARKS AND RECREATION FUND (FUND NO. 201) This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a nd motion to pass this 2 substituted bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 15 REGULAR MEETING MAY 11, 2009 ORDINANCE NO. 9926-09 AN ORDINANCE 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 third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember LaFountain made a motion to pass this substituted bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9927-09 AN ORDINANCE 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 third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember LaFountain made a motion to pass this substituted bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9928-09 AN ORDINANCE 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 third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this substituted bill. Councilmember Henry Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9929-09 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this substituted bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 16 REGULAR MEETING MAY 11, 2009 RESOLUTIONS RESOLUTION NO. 3969-09 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 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619 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 (6) days after the Board of Zoning Appeals makes its recommendation to the Council; 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 form 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: 244 SOUTH OLIVE STREET, SOUTH BEND, INDIANA 46619 in order to permit: SPECIAL EXCEPTION FOR EXTERIOR AUTO SALES IN “CB” COMMUNITY BUSINESS 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; as the building was in a state of disrepair and since 2002 has undergone significant improvement and has a higher rate of tenant occupancy. Granting the special exception will allow AMV Family Limited Partnership, the ability to continue further improvements to the facility and grounds. 2.The proposed use will no injure or adversely affect the use of the adjacent area or property values therein; in that measures are being taken to improve the quality of the tenant businesses in the facility and also in the design of the site. Proposed landscape improvements are being added to make this property more attractive. 17 REGULAR MEETING MAY 11, 2009 3.The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; in the building is surrounded by GI (General Industrial) zoned parcels. 4.The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; as approving the special exception will allow this facility to house the varied uses that are compatible with the City Comprehensive Plan. 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, Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioner AMV Limited Partnership is seeking a special exception to allow exterior auto sales in a “CB” Community Business District. He advised that the Board of Zoning Appeals held a public hearing on April 16, 2009 and sends this bill to the Common Council with a Favorable Recommendation. Mr. Dan VonBergen, Kil Architecture/Planning, 1126 Lincolnway East, South Bend, Indiana, made the presentation on behalf of Mr. Alfonse Van Overberghe. Mr. VonBergen advised that the petitioner is seeking a Special Exception for the “CB” Zoned Parcel which is located to the west to allow for exterior auto sales in “CB” Community Business District; front yard use setback variance from 15’ required to 5’ to allow for parking, foundation landscaping variance to that provided on the West façade as per the site plan, off-street parking area screening at front yard from that required to none provided; interior off-street parking landscaping from that required to what is shown on the site plan; and dumpster enclosure variance to no gate and landscape proved. He stated that the GI zone parcel which is located to the east to allow perimeter landscaping variance from that required to none required and dumpster enclosure variance to none provided. He stated that this bill coincides with Bill 21-09 which was heard and approved earlier this evening. Mr. VonBergen advised that this existing multi-use building was the former Romy Hammes Auto Dealership and was purchased by Mr. Al Van Overberghe in 2002. He stated that Mr. VanOverberghe’s intends to maximize the marketability of the multi-use building and to bring it into compliance with the present ordinance. The existing structure on the west side of the development was built in the 1960’s and the setbacks, curb cuts, parking and drive layout are essentially as is. Improvements are planned to address the landscape ordinance in part, as per the proposed site plan. Mr. VonBergen advised that upon recommendation from the Building Department and the Area Plan Commission, the propose split zoning of the parcel is to allow for maximizing the potential of the building and parcel. The east half will retain the “GI” zoning, which has housed auto towing, wholesale plumbing supply, small motor repair, warehousing etc. The west half of the building will be rezoned to “CB” (Community Business) zoning, which this half has housed retail sales, wholesale sales, clothing retail and other similar uses. The auto sales office would be located in this area and there would be 12 spaces for auto sales dedicated along Olive Street, at the south west portion of the parking lot. A 20 foot wide off-site dedicated access easements are 18 REGULAR MEETING MAY 11, 2009 recorded along the north and south property lines to allow vehicular access to the west part of the development. Dumpsters are located at the east area of the building. 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 White 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 seven (7) ayes and one (1) nay (Councilmember Dieter.) RESOLUTION NO. 3970-09 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 August 27, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: South Bend Waste Paper 1519 S. Franklin St. South Bend Iron & Metal 429 W. Indiana Ave. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 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: South Bend Waste Paper 1519 S. Franklin St. South Bend Iron & Metal 429 W. Indiana Ave. 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 August 27, 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 19 REGULAR MEETING MAY 11, 2009 Councilmember LaFountain, Chairperson, Personnel and Finance 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. th John Voorde, City Clerk, 4 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Voorde advised that license applications for South Bend Waste Paper, 1519 S. Franklin Street and South Bend Iron & Metal, 429 W. Indiana Avenue, received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. He stated that the businesses were in conformity with South Bend Municipal Code and therefore should be approved. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 35-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF 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 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 26, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis, Jr. advised that when he was elected to this position he ran his campaign because he wanted to see the City grow. He stated that he is starting to live by a motto: “service over self interest.” He salutes those department heads who have taken a 5% pay cut because they understand where the City is during these difficult budget times. 20 REGULAR MEETING MAY 11, 2009 PRIVILEGE OF THE FLOOR COMMENTS CONCERNING AN AMENDMENT TO THE SOUTH BEND HUMAN RIGHTS ORDINANCE TO ADDRESS GENDER IDENTITY AND SEXUAL ORIENTATION Don Wheeler, 60648 Lilac Road, South Bend, Indiana, spoke in favor of an amendment to the South Bend Human Rights Ordinance to address gender identity and sexual orientation. He stated that he was disappointed that the Council defeated this bill. He stated that one of the reasons for the defeat was a standpoint of enforcement. He stated that the ordinance was modeled after one that is in effect in Indianapolis. He stated that as far as he is aware there have been no problems arising from that amendment. He stated that one Councilmember last year mentioned that he was not ready to be trailblazer regarding this issue. Mr. Wheeler stated that 94% of Fortune 500 Companies cover their employees with that particular protection as well as the State of Indiana covering their employees. He stated that it is not a matter of trailblazing; it is a matter of falling behind the curve. He urged the Council to take another look at this amendment. David Girth, 1134 E. South Street, South Bend, Indiana, stated that timing is everything and there are two times in the life of his church, The United Church of Christ that he wanted to share tonight. In 1972, Bill Johnson was ordained in the United Church of st Christ as the 1 openly gay man ordained in any major denomination in the country. In 1985, the United Church of Christ voted to become an open denomination to persons who are gay, lesbian or bi-sexual. He stated that he sat on that committee who voted to open the church, however, each congregation would be allow to make its own choice. In 2006, th on the 34 anniversary of Bill Johnson ordination, he was ordained. He was honored to share his anniversary of ordination and came to South Bend shortly thereafter to become Pastor of Zion Church, shortly after that congregation voted to become open and affirming itself. He stated that on the very first day of becoming Pastor of Zion Church, he came to this very room and the Council voted not to add sexual orientation and gender identity to the City’s Human Rights Ordinance. The church has come along way since 1972, the Country has come along way since 1985, South Bend like Zion is a very traditional place, but have taken very bold stands and consistent with a tradition of being welcoming to everybody and protecting the rights of each person. He stated that the time is now. Judith Stanton, 809 W. Northshore Drive, South Bend, Indiana, urged the Council to amend the South Bend Human Rights Ordinance to include gender identity and sexual orientation. This amendment would cover the areas of employment, housing, education and public accommodations and also provide an exemption for religious organizations. She thanked the members of the Council who voted in favor of the amendment. Ms. Stanton stated that having the ability to air claims of discrimination is a matter of justice. She stated that right now in this community, there is an injustice. She stated that as a Jew, the concept of justice is important. She stated that she learned “justice, justice shall you pursue” Deuteronomy 16:20, not once but twice shall you pursue justice. In other words never stop until equal justice for each person is achieved. She stated that this means and turned to Genesis 1:27 which includes that all humans are created in the image of God. She that that this is the protection, this is the justice that Deuteronomy calls for. She stated that her job as a human and particularly as a Jew is to ensure that each member of this community has justice. She stated that she takes more of her moral compass from her Jewish tradition; she has found secular support for this amendment as well. Article 1 of the Universal Declaration of Human Rights states “All Human Beings are Free and Equal in Dignity and Rights” “They are endowed with reasonably good conscience and should act toward one another in the spirit of brotherhood.” She urged the Council to pass this amendment. Having equal justice in this community is not simply a plus, it is a necessity. 21 REGULAR MEETING MAY 11, 2009 Robert McCarthy, 815 ½ N. Main Street, Mishawaka, Indiana, stated that there is a blatant discrepancy in the City of South Bend and that is that at the beginning of the Council meeting everyone stood up and faced the Flag and recited the Pledge of Allegiance to this great nation. He noted the words “With Liberty and Justice for All”, but currently in South Bend not everyone is included in the “Justice for All” part of that. He stated that he is a straight white man who has not experienced these injustices, but knows of family and friends who have experienced these act of prejudice on a daily basis. He stated that he is here tonight to demand the South Bend Common Council amend the Human Rights Ordinance to include the GLBT community. He stated that it has always been his view that people are people regardless of what category we put them into. He stated that we as people all deserve the same rights under the protection of the law. He stated that the South Bend Common Council has ability and responsibility to ensure that everyone who lives and works in South Bend can finally be included in the phase “With Liberty and Justice for All.” ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 8:33 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 22