12-08-08 Common Council Mintues - Laserfiche WebLink

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REGULAR MEETINGDECEMBER 8, 2008 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 the lack of a quorum. Mr. Derek Spier, Planner, Abonmarche Consultants, LLC., 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner Tampico Development, LLC. Mr. Spier advised that the petitioner Tampico Development, LLC., wishes to vacate all rights-of-way within the Crescent Oaks, Section One Subdivision as recorded under Instrument Number 0829850 in the Office of the Recorder of St. Joseph County, Indiana, excluding the 40 foot wide half right-of-way of Ironwood Road. The rights-of-way to be vacated include Canal Street, Royal Street, St. Charles Avenue, and Basin Street. Mr. Spier noted that that the vacation request is to correct an error between the locations of the rights-of-way as shown on the recorded subdivision plat and the locations of the rights-of-way as constructed. The rights-of-way as constructed are located approximately 10 feet east and 4 feet north of the rights-of-way as recorded. 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 Oliver Davis made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) BILL NO. 72-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USE FEES AND DEDICATED FUND Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this Committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Councilmember Al “Buddy” Kirsits advised that he is a member of the South Bend Fire Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Stephen Cox, Assistant Chief, Emergency Medical Services, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Cox advised that the City Ambulance User Fees charged by the South Bend Fire Department have not had an increase since 2002. However, the costs of providing this service have increased since that time. There have been salary increases, increased equipment costs, and as everyone is aware, increased fuel cost. 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 Rouse stated that he believed that given the state of the national economy this is not the time to be raising fees for ambulance service. He advised that he would not be voting in favor of this bill. Councilmember LaFountain stated that as Chairperson of the Personnel and Finance Committee, they held many meetings this past summer and it was suggested time and 3