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HomeMy WebLinkAbout11-23-09 Common Council Minutes REGULAR MEETINGNOVEMBER 23, 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, November 23, 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 Timothy Rouse At-Large Absent: 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 November 9, 2009 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the November 9, 2009 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 4002-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE RICH LIFE AND LEGACY OF THE LATE ENTEE SHINE Whereas, the Common Council of the City of South Bend, Indiana, is very humbled to honor and publicly recognize the rich life and legacy of the late Entee Shine, who passed on the October 30, 2009; and Whereas, Entee “Ike” Shine was a 3-year varsity basketball player at South Bend Central High School who won All-State honors as a senior in 1950, was the Team Captain, was named the “Outstanding Player of the Year”, led the Central Bears to a 26- 2 winning record and scored 372 points his senior year; and 1 REGULAR MEETINGNOVEMBER 23, 2009 Whereas, the Common Council of the City of South Bend, Indiana, is proud to st recognize that after his graduation from Central, Entee Shine became the 1 African- American to be a player on the Notre Dame football team during his freshman year; and Whereas, University of Notre Dame Athletic Director Moose Krause recruited Entee over to basketball where he became a member of the 1951-1952 Notre Dame st Basketball Team; averaged 5.5 points per game, and became the 1 Black to earn a varsity letter in basketball at the University of Notre Dame; and Whereas, Entee Shine transferred to Tennessee State and was later drafted into the U.S. Army where he was named to the all Fifth Army Team at Camp Atterbury and the second team All-Army at Camp Carson in Colorado; and 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 commends, honors, commemorates and celebrates the life of the late Entee Shinefor his many lasting contributions made to our community as an outstanding athlete and as a kind, generous, and gentle person. Section II. The South Bend Common Council notes that Entee Shine was a dedicated teammate who was deeply respected at South Bend Central High School and the University of Notre Dame, who excelled athletically and personally as he pioneered new paths in higher education and athletics; and later went on to work for the City of South Bend Water Works and at the South Bend Tribune. Section III. On behalf of the City of South Bend, Indiana, the South Bend Common Council extends its deepest sympathy to his daughter, Robin Shine, and the many relatives and friends of Entee Shine; and hope that all will be enriched by the many wonderful and ever-lasting memories which Entee Shine has left behind for all of us to cherish. The South Bend community will be forever grateful for his life of dedicated service, his kind and gentle demeanor, and for the many athletic outstanding achievements. 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 Attest: Adopted this 24 day of November, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Timothy Rouse, 605 N. Cherry Tree Lane, 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 Mr. Shines daughter Robin. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Ms. Robin Shine thanked the Council for this great honor for her late father. 2 REGULAR MEETINGNOVEMBER 23, 2009 Councilmember’s Kirsits, Dieter, Henry Davis, Puzzello, Rouse offered condolences to the Shine Family. Councilmember Rouse made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4003-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE WINNERS OF THE FIRST ART BILLBOARD DESIGN CONTEST “GRAFFITI AGAINST GRAFFITI” Whereas, the Common Council of the City of South Bend, Indiana, notes that the City of South Bend Weed & Seed Alliance (SBWSA), and the Community Policing (COP) Committee held their first art billboard design contest; and Whereas, the contest “Graffiti Against Graffiti” let students in grades 8 – 12 from area high schools within the weed and seed area create and design a billboard with the theme of “Graffiti Against Graffiti”; and Whereas, the Community Oriented Policing Weed and Seed Committee addressed the graffiti issue by the following 1. The problem: Most graffiti while being a personal expression of art are mostly gang related and foul language, being done on personal property. 2. The objective: To develop a community of diverse cultures, working together to create safe and pleasant neighborhoods targeting the Northwest neighborhood. The committee recognizes that graffiti is a valid art form and believes it can be expressed in a more positive and legal way. 3. The project: The contest involves creating an original design and slogan or logo utilizing the graffiti style to depict one of two messages. The picture and slogan can illustrate the negative (devalue property, time and money to property owners to clean) or positive effect (use as an art form with permission from property owners, advertisement and ethnic murals) on a neighborhood and community. Whereas, the South Bend Common Council is proud to recognize and honor the five winners of the first “Graffiti Against Graffiti” and their teachers namely; st 1 Place Sarah Rudasics Clay High School nd 2 Place Lydia Horban Clay High School rd 3 Place Curtis Bethel III LaSalle Intermediate Academy th 4 Place Danielle Wildes Clay High School th 5 Place Charlie Pehling LaSalle Intermediate Academy Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and honors the above listed students and their teachers for being the top 5 winners in the first “Graffiti Against Graffiti” contest. Section II. The South Bend Common Council looks forward to seeing the winning billboards which will be on display in prominent locations in the Weed and Seed area for one month. The winners also receive certificates and art scholarships to the South Bend Art Museum. Section III. This resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 3 REGULAR MEETINGNOVEMBER 23, 2009 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 Attest: Adopted this 24 day of November, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Henry Davis, 5117 Idlewood Drive, 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 the winner’s of the First Art Billboard Design Contest “Graffiti Against Graffiti.” A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. st Sarah Rudasics, 1 Place Winner, Clay High School, thanked the Council for this honor. She stated that she believes this program allows a more positive approach to eliminating graffiti. Lt. Dick Powers, South Bend Police Department, stated that this is a great project. He noted that the Weed & Seed Program is to weed out the negative and seed with positive solutions. He thanked the Council for supporting this project and commended all the st winner’s of the 1 Art Billboard Design Contest “Graffiti Against Graffiti.” Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:23 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 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. 57-09 PUBLIC HEARING ON A BILL AMENDING ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Rouse made a motion to continue this bill until the December 14, 2009, meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 4 REGULAR MEETINGNOVEMBER 23, 2009 BILL NO. 90-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE RUSHTON APARTMENTS AND LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA 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. Lynn Patrick, Vice President, South Bend and St. Joseph County Historic Preservation Commission, 227 West Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Patrick advised that this bill would allow for the property located at 501-503 West Washington Street also known as the Rushton Apartments to be a Historic Landmark. She stated that the Rushton is a neo-classic style building built in 1906 by John and Edward Rush. It is a four-story apartment building with unusual glazed brick masonry exterior. She noted that the building is suitable for preservation because the building and site meet three of the criteria for Local Landmark Status: Its embodiment of elements or architectural design, detail, material or craftsmanship which represents an architectural characteristic or innovation; its suitability for preservation: The Rushton has significant original exterior architectural integrity. Recent architectural studies have concluded that the building can be converted to modern living standards and that it is in sound structural condition. It is also identified with the life of a person or person of historical significance and that being South Bend developers John and Edward Rush. 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 Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 87-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $450,000.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF EMERGENCY DRIVER TRAINING SIMULATORS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT Councilmember Puzello, Vice Chairperson, Health and Public Safety 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. Councilmember Kirsits disclosed that he is a member of the South Bend Fire Department and that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Mark Nowicki, Assistant Fire Chief, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. 5 REGULAR MEETINGNOVEMBER 23, 2009 Chief Nowicki advised that this bill would appropriate $450,000 from the South Bend Fire Department Emergency Medical Service Capital Improvement Fund #288 to purchase emergency driver training simulators as the result of the South Bend Fire Department being awarded an Assistance to Firefighter Grant from the Federal Emergency Management Agency and Departments of Homeland Security. He stated that the City of South Bend is required to contribute 20% of the total project cost $90,000.00 and the U.S. Department of Homeland Security is contributing the remaining 80% of the cost $360,000.00 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. 88-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. 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 the bill would allow for an appropriation of MTBE settlement funds that were deposited in the Loss Recovery Fund (#277). He stated that there are two projects. The first is $165,000 for replacement of spent granular activated carbon in the water treatment GAC units that protect the public water supply from threats from groundwater contamination. The second project is $40,000 for sampling, testing, and a closure report for an unknown UST that was found during the demolition of the former Studebaker Museum. 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. 89-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,750.00 FROM THE GENERAL FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY Councilmember Varner, Chairperson, Public Works and Property Vacation 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 Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. 6 REGULAR MEETINGNOVEMBER 23, 2009 Mayor Luecke advised that Gary Gilot, Director of Public Works has placed on file with the Office of the City Clerk a copy of the Federal Grant. He stated that this appropriation request is some of the federal formula direct Energy Efficiency and Conservation Block Grant (EECBG) under ARRA Federal Stimulus Program. He stated that South Bend was allocated $1,046,000 but was limited to Phase 1 of $250,000 or less to develop an Energy Efficiency and Conservation Strategy (EECS) which is due January 18, 2009. He stated that this appropriation will cover professional services to help the 50 plus member Green Ribbon Commission meet this deadline and to retain an Energy Director to have input to the plan and lead role in implementing. Mayor Luecke stated that this is funded 100% by the federal stimulus under the Energy Efficiency and Conservation Block Grant. He stated that the strategy is due to DOE by January 18 and then we get to appropriate and use the balance of the $1,046,000 grant. The Energy Director position will focus on reducing the $6.8 million per year we spend on energy in city government. After two years of grant funding the position will self fund out of energy savings. The program is modeled on the success in Ann Arbor and is coached by the Cities for Sustainability of which the city is a member. The EECS will address community wide energy savings, cost saving and carbon footprint reduction. 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 asked if the City will be looking for more Energy Conservation Grants. Councilmember Henry Davis asked if this bill would create any new jobs. Mayor Luecke stated that this grant is to reduce energy usage not create jobs. He stated that maybe the case in the future. He also indicated that they will be looking for more grants. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:56 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING 7 REGULAR MEETINGNOVEMBER 23, 2009 ORDINANCE NO. 9980-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE RUSHTON APARTMENTS AND LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Rouse 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. ORDINANCE NO. 9981-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $450,000.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF EMERGENCY DRIVER TRAINING SIMULATORS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT This bill had third reading. Councilmember Rouse 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. ORDINANCE NO. 9982-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9983-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,750.00 FROM THE GENERAL FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 4004-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA 8 REGULAR MEETINGNOVEMBER 23, 2009 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: (4050 Ralph Jones Drive, South Bend, Indiana) In order to permit: The approval of a Special Exception as allowed under Section 21-04-01 (2) (E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,000 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 20% of the existing building area of 54,059 square feet) for property located at 4050 Ralph Jones Drive, South Bend, Indiana per Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance. 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. s/Derek D. Dieter Member of the Common Council 9 REGULAR MEETINGNOVEMBER 23, 2009 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 Commissioner, reported that the Area Board of Zoning Appeals held a public hearing on October 7, 2009 and sends this bill to the Common Council with no recommendation. Mr. Michael Danch, President, Danch, Harner Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner Fulton Land and Holding Company and also the contingent purchaser Ziolkowski Construction Company. Mr. Danch advised that his clients are requesting the approval of a Special Exception for their property located at 4050 Ralph Jones Drive, South Bend, Indiana. This Special Exception will allow the petitioner to increase the amount of area of their property that can be used for outside storage. He stated that they believe that the approval of this Special Exception will fit with the existing industrial uses in this portion of the Toll Road Industrial Park. He stated that Ziolkowski Construction currently has property located at what is now called Ignition Park. The City of South Bend has purchased Ziolkowski’s property and that is why they are here today to relocate their business. He stated that they have been looking for nearly a year to find property and have been working with local realtor Mr. Christian Davey. He stated that the new site would have to fulfill the needs for Ziolkowski Construction for basically corporate offices and to have enough room for outside storage for their construction equipment. They found this piece of property that was owned by Fulton Land and Building Company in the Toll Road Industrial park which met their requirements. Mr. Danch stated that the existing building which has approximately 50,000 square feet to it. The company actually owns two lots in the Industrial Park and both together total about 10 acres of ground. He stated that will work sufficiently for Ziolkowski Construction Company. After going through the process they learned that one, certain variances would have to be applied for because the zoning ordinances have changed for the City of South Bend. Now there are more restrictions on outside storage under “LI” Industrial classifications which is what this property is presently zoned. He stated that this Special Exception is to allow for 186,000 square feet of outside storage as compared to what they would be allowed is around 10,000 square feet. He stated that the Special Exception process is a two-step process, they went to the Area Board of Zoning Appeals and had a public hearing before that board and were given a recommendation. He stated at that meeting in October they made some concessions regarding the outside storage area. He stated that there were some remonstrators at that meeting that had some concerns on how the site was going to be developed. Mr. Danch stated that what they attempted to try to do is come up with a site plan that would hopefully address some of those particular concerns. He stated that they worked with the Board of Zoning Appeals to come up with a plan that was shown to the Council this afternoon. He stated that the original plan that was submitted to the Area Board of Zoning Appeals basically asked for variances for landscaping along the east, south, west sides of the property and along the north side. Ziolkowski Construction along with himself worked with the Building Department Staff for that original site plan and would have allowed for a berm along William Richardson Drive that would have been about 400’ foot long and have eight (8) evergreen trees. He noted that would have met the requirements under today’s ordinances for screening an outside storage area. He stated that what they actually came up with and showed Council was a revised plan, instead of just eight (8) evergreen trees on a 6’ berm, they came up with 30 trees along that 400’ berm that would still be 6’. He stated that they also addressed another concern of the owners across William Richardson Drive, Michiana Mailers, and that was that they would be able to look directly into the proposed site from their building and more in particular it would be looking out of their conference room. He stated that what they did was curved the driveway that came out of the proposed storage area and added eight (8) additional trees on top of the 30 that they came up at the Area Board of Zoning Appeals. He stated that he hopes that the Council recognizes that they did try to work with the neighbors, and had sent the second site plan that they reviewed with the Council this afternoon. He stated that they also did some additional screening along Ralph Jones 10 REGULAR MEETINGNOVEMBER 23, 2009 Drives, if any of the members of the Council have been out to the site they would have seen along the south side looking off of Ralph Jones Drive there was a direct view into the site where they would have the outside storage area and added additional evergreen trees there along with some additional shrubbery, so that they screened that portion of the site looking from Ralph Jones Drive east into the outside storage area. He stated that what they are asking from Council is approval of the outside storage area and hoped that they agree with the additional screening and that they tried to work with the neighbors on this particular project and asked for a favorable consideration so that Ziolkowski Construction from there present location to this new location. They will also be doing some additional improvements to the building inside as well as outside. He stated that they maybe adding some additional office area within the building from 8,000 square feet to 17,000 square feet. Councilmember Oliver Davis asked where the access for truck will be. Mr. Danch stated that they stated to Council this afternoon is the main way into the outside storage area would be off of Ralph Jones Drive, the south entrance. The entrance off of William Richardson Drive would be used frequently; it will also be a paved driveway. He stated that one of the requirements from the Area Board of Zoning Appeals was in that outside storage area they will also be required to put a north/south paved driveway and an east/west paved driveway as well. He stated that the equipment mostly likely will go out the south entrance on Ralph Jones Drive. Because of the gravel areas there might have been some concern for the residents in that area, it was a concern that mud would go out into the street. Mr. Danch stated that basically Ziolkowski Construction takes their equipment out on trailers, and with the gravel area, it would clean the tires off the truck before they would ever get out to the paved areas on Ralph Jones Drive. Councilmember Rouse asked Mr. Danch to give a little history of that property. Mr. Danch stated that the history of the property is that Fulton Building Land Company did have a light assembly operation there, they were supposedly going to get the larger contract and do some assembly for the automotive industry and that contract fell through, and the building has been vacant coming up on almost two years. Since then they have been looking for someone to purchase the property. Councilmember Dieter asked Mr. Danch if he knew how much property tax would be generated on this property. Mr. Danch answered no he does not. Councilmember Rouse asked Mr. Danch if he know how much Ziolkowski pays in taxes at their current site. Mr. Danch answered no he does not. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Mr. Christian Davey, Grubb, Ellis, Cressey & Everett, 3930 Edison Lakes, Mishawaka, Indiana. Mr. Davey advised that the current property taxes are $75,000.00. He stated that with the improvement that Mr. Ziolkowski is proposing it will generate more tax revenue for the City of South Bend. He stated that he has been working with Ziolkowski Construction since the City of South Bend approached Ziolkowski to purchase their property about a year and a half ago. He stated that they have been looking at several sites and because Ziolkowski Construction wanted to stay within the city limits of the City of South Bend it was a long process to find a piece of property that could suit the many facets of the company, such as the outdoor storage that is the reason for this Special Exception and 11 REGULAR MEETINGNOVEMBER 23, 2009 their Corporate Office space that was needed. He reiterated that Ziolkowski Construction has been in business within the City of South Bend for over three decades and this particular property will bring out the character of Ziolkowski Construction. He noted that this property will be good for the employees as well as a wonder place for the clients that do business with Ziolkowski Construction. He urged the Council’s favorable consideration. th Mr. Bill Schalliol, Department of Community & Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, advised that this property is located in the Airport TIF District; he stated that it was the original Busk Brothers property. He stated that it was build in the mid 1990’s but he was not sure if it was build before it was included in the Airport Economic Development area or after. So it may or may not be being assessed as a part of the AEDA. He stated that is something that he would have to check into. He stated that the property has been vacate for some time and paying very minimal property tax. He stated that he believes that this is probably one of the best locations for this type of business because the outdoor storage is located between the backs of two buildings, so it is screened as best as can be. The City on June 5, 2009 bought eighteen parcels currently owned by Ziolkowski and the current property tax bill is $30,858.00. So to go from the $30,000 to $75,000 in property tax is a huge increase in tax revenue. He stated that the City got involved in purchasing the Ziolkowski paint shop as part of the relocation of the TRANSPO project located on Lafayette and Broadway. As Ignition Park grew its boundaries the City found the need to buy the rest of the Ziolkowski’s properties. He stated that they appreciate Ziolkowski wanting to stay inside the corporate city limits of South Bend. Mr. Schalliol urged the Council’s favorable consideration. Councilmember Henry Davis asked Mr. Schalliol how much Redevelopment paid for the Ziolkowski properties. Mr. Schalliol stated that the total between acquisition and relocation was approximately $1.8 million. Mayor Luecke also responded to Councilmember Henry Davis’s question. He stated that the $1.8 million dollars wasn’t spent to generate the $75,000 in taxes it was part of the plan to clear land for development of Ignition Park, so that the expectation that they would have would be additional significant development on that site. Councilmember Kirsits stated that he received two letters of support for this bill. The first letter is from Daniel P. Ryan, President Ryan’s Fire Protection and the second one is from Larry Shoemaker, President Precision Millwork &Plastics stating that at one time they did oppose this Special Exception but because of the changes made by Ziolkowski Construction now support this bill. Councilmember Kirsits stated that he will file the letters with the Office of the City Clerk. Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, spoke in favor of this bill. Mr. Niezgodski urged the Council to pass this Special Exception favorably. He stated that after hearing discussion in Committee this afternoon the neighbors directly north of this property has some concerns about granting this special exception, but looking at the revised site plan with added berm and trees that Ziolkowski is going to plant it seems that the petitioner has taken note of the concerns from the various businesses and residents and have made a good faith effort to make this a win win for everybody. He stated that he would hate to see South Bend lose a business like Ziolkowski to another city or the county. He stated that what everyone has to remember that this wasn’t Ziolkowski’s idea; the City wanted their property in Ignition Park and were forced to move. Ziolkowski wanted to stay in South Bend and are making an effort and the City needs to be a little more accommodating and in this case because there are 400 plus jobs at stake and they are renovating the property to make it more aesthetic for the area. He hoped that the Council sees their good faith effort and their willingness and desire to stay in South Bend and vote favorably on this resolution. 12 REGULAR MEETINGNOVEMBER 23, 2009 Mr. Rick Brown, General Manager, TRANSPO, 901 Northside Boulevard, South Bend, Indiana, spoke in favor of this bill. He stated that TRANSPO will benefit greatly from the relocation of Ziolkowski Construction. He noted that the new TRANSPO maintenance facility will be built on a part of that property. He also stated that the remaining property will allow for the opening up of new land for Ignition Park to grow. He stated that this is a benefit to the entire community and urged the Council for their positive response for this Special Exception. The following individuals spoke in opposition to the bill. Mr. David Rhoa, Administrative Manager, Jade Elephant Holdings, LLC, 3445 William Richardson Drive, South Bend, Indiana. He stated that as a park member he questioned whether this is an appropriate location for the petitioner. He stated that the rules by which all the park members have constructed and maintained for their facilities have to be bent or broken or abated all together as the request is being made under this Special Exception, he questioned the logic in the petitioner’s selection of the Toll Road Industrial Park for their location. He would like to call the Council’s attention that this request for Special Exception was sent to the Council by the Board of Zoning Appeals without recommendation. He urged the Council to read the minutes from that meeting, it was not a slam dunk and the meeting went back and forth and there were a number of contentious issues regarding this Special Exception and the variances that fall underneath its umbrella. A review of the petitioner’s current facility near Sample Street causes great concern. He stated that the area looks very unkept and when he inquired about code violations he was told that there were no overriding standards by which the property needed to be kept. He stated that he finds that objectionable, if there are no standards then pride in one business’ would ask one’s self to take better care of the property than this. He stated that at the May 2009 meeting of the South Bend Redevelopment Commission, President Marcia Jones was responding to Commission Member Dr. David Varner objection to funding the acquisition of this property. He stated that the minutes reflect Ms. Jones stating that she understands Dr. Varner’s objections, but thinks there are benefits to help off set those concerns. Ziolkowski’s move and making improvements to a new building will generate more taxes then they are currently paying on Sample Street, plus clearing the site on Sample Street looks better for anyone considering moving into Ignition Park. He stated that Ms. Jones sees this as blight and says that it is best to get that out of there. He stated that he has been told repeatedly that Ziolkowski wants to be a good neighbor, but he stated that he has a hard time believing it. He stated that on two occasions he had discussions with Mr. Davey about Ziolkowski not wanting to install an irrigation system on William Richardson Drive, which is the unimproved portion of the property that would be the outside storage. He stated that by his calculations there is going to be 60,000 square feet of newly seeded lawn and 38 newly planted conifers. He asked for someone to please tell him how such landscaping can be maintained with just rain water, it can’t, it simply can’t be done. So that in as much the proposed landscaping, the screening by which the petitioner says is going to make this a good property will simply wither and die and only detract from the value of adjoining properties. He stated that it was mentioned that at previous meetings it was said that Ziolkowski was forced to move, he stated that he was not in attendance at those meetings and cannot speak to those meetings, however, but if someone were to force him to move for $1.8 million dollars he would be glad to do it. He stated that he takes it on faith that the City of South Bend has Properly compensated Ziolkowski for their property on Sample Street. So being forced to move should not even enter into this discussion. He stated that he appreciates the comments made by the General Manager from Transpo, but they simply do not have to live next door to this. He urged the Council to respectively reject this petition for Special Exception and protect the investments of the property owners in the Toll Road Industrial Park. Mr. Bill Hennyfield, owner of a property in the Toll Road Industrial Park located at 4260 Ralph Jones Drive, spoke in opposition to this bill. He stated it sounds like from what he has heard so far tonight is that Ziolkowski was paying $75,000 in taxes and would expect to keep those taxes around that $75,000 a year bracket, taking into consideration some improvements made on the property. He stated that by making outside storage improvements that won’t be assessed at a very high rate. He stated that he is solely 13 REGULAR MEETINGNOVEMBER 23, 2009 speaking as an advocate to the Toll Road Industrial Park and that there are rules and regulations to create order and create a sense of fairness to all involved and as it relates to zoning ordinances obviously those are there for the protection of residences and commercial business and with these zoning laws there is always some room for flexibility and understands that, but what is being talked about tonight in his mind is more than just a Special Exception, this is an extra-ordinary Special Exception. Ziolkowski is not just asking to double the outside storage, they are not asking for quadruple; they are asking for property that is seventeen (17) times what is allowed anyone else in the Toll Road Industrial Park. He stated to him that represents more of a skirting than changing the zoning to what is truly is that is General Industrial and calling something like this Light Industrial that is truly not light industrial. Mr. Henning stated that he attended the zoning meetings and listened to what Mr. Danch presented. He said that Mr. Danch used Case Manufacturing as a similar company with heavy industrial uses, however what he failed to mention was that Case Manufacturing was grandfathered in. Case Manufacturing was built before the Toll Road Industrial Park was formed. He stated that all the other businesses in the Industrial Park are doing so with the context of Light Industrial classification. He stated that when Ziolkowski says all they want to do is be treated the same in not an accurate statement. He stated that the special exception would allow for them to increase their out door storage by 350% of their building size and that is extraordinary. He stated that he does agree with being treated fairly and would accept that if Ziolkowski would operate within the parameters of the light industrial classification. Mr. John Zhu, 3431 William Richardson Drive, South Bend, Indiana, spoke in opposition to this bill. Mr. Zhu stated that his business is located directly across from 4050 Ralph Jones Drive. He stated that Ziolkowski did not keep their property up at their location on Sample Street; it looks like a junk yard. He questioned how Ziolkowski will keep up their new location? Mr. Zhu stated that just because they amended and revised one of the variances from planting eight (8) trees to twenty (20) trees will not cover up the fact that a junk yard is a junk yard. Mr. Zhu questioned how Ziolkowski is going to keep those trees alive when they are not going to put in an in ground sprinkling system? He stated that he pays approximately $3,000.00 a month to the South Bend Water Works during the summer months to keep his landscaping alive and looking good. Mr. Zhu stated that rules and regulations are put into place and must be obeyed. He stated that he is firmly against this bill and urged the Council to vote against it. In Rebuttal, Mr. Danch stated that when they went through the Special Exception procedure they talked with the Area Plan Commission Staff as well as the Building Department and a couple of things that were brought up were a concern at the Area Plan Commission. He stated that they did not want them to go through with a zoning classification procedure for this property. They thought that it would be better to go through the Special Exception Procedure and the reason for that is that there are a lot more restrictions that apply to a Special Exception than a rezoning. That is why they went through this procedure of Special Exception. He also stated that by going through the Board of Zoning Appeals were held to higher restrictions than what is happening at the Toll Road Industrial Park today. That is why they added additional landscaping, additional berming and try to meet with the surrounding owners. He stated that Christian Davey did send out letters to the owners to try to get their feedback. Mr. Danch stated that they did PDF the final site plan to Mr. David Rhoa to get his feedback on everything that they had done and listened to their concerns and tried to do as much as possible for what they could do within the confines of the property that they have. He stated that he feels that they did do a good job of trying to mitigate what there concerns were regarding this piece of property. Mr. Danch stated that Ziolkowski Construction wants to stay within the City of South Bend. This is not something that Ziolkowski wanted to do, it’s because of the new development that was going on in the City and was basically forced to move. He stated that with the new site plan that was done with the variances that have been approved they are having a lot more restrictions applied than other owners within the Industrial Park. Even though they are a mixed use of other industrial owners such as a trucking operation, there is also a heavy equipment owner that rents equipment and has it right up against the 14 REGULAR MEETINGNOVEMBER 23, 2009 fence; they are actually going to be doing some screening for that. He stated that what they are asking the Council to do is to approve the Special Exception and allow Ziolkowski to go to this location for their corporate offices, this is not just going to be outside storage, but this will also be their main office and so they will have pride as well as in ownership of this particular location. Councilmember Oliver Davis questioned the irrigation issue. Mr. Danch stated that there are also restriction within the zoning ordinance for the guidelines for landscaping and if any of the landscaping would die, the owner does have to replace it, it is a basically a policing power by the Building Department and they would abide by that. Mr. Danch stated that if it would work out they would be an irrigation system in. If Mr. Bill Favors decides that needs to be done as part of the construction portion then they will be doing that. Councilmember Oliver Davis asked how that will be determined. Mr. Danch stated that Mr. Favors will make that decision based on the budget that they have got. He advised the Council that there is a back-up procedure and that the City has those policing powers, so that if any of the landscaping does die, the City can come out an issue a fine. Councilmember Varner questioned whether the entire open are for storage would be filled with equipment and materials or debris. Mr. Danch stated that there would be no debris on the site. The information that was given to the Board of Zoning Appeals is that they would have equipment from Ziolkowski Construction and construction equipment in the storage area and also materials that would be brick and that type of building materials and there would be no debris that would be put on this particular site. He also stated that any of the equipment that is larger in nature would be put at the south end of the site and that is away from where they are doing the berming with the evergreen screening from Mr. Rhoa’s property is approximately 600’ away. The equipment is not going to be at the site all the time, it is there at an infrequent occasion, because obviously Ziolkowski Construction would like to have the equipment on a construction site somewhere where it is making money, if it is being stored on the site they it is obviously not making money. Councilmember Rouse asked Mr. Danch to address the multiple times increase in storage. Mr. Danch stated that due to the restrictions of the light industrial site limits the size of the outdoor storage by how many square feet are in the building. He stated that is limited to 20% of the size of the building. He stated that because the building that they have is only 50,000 square foot building that is setting on the property they are limited to 10,812 square feet of outside storage. The difference between the light industrial and general industrial is that you can half of your outside storage in general industrial. He stated that before the new zoning laws went into effect there was no limit on outside storage, so if this would have been done under the old guidelines then Ziolkowski could have gone right to this particular site and they would not have had to do any type of screening whatsoever and they could have just placed the equipment on the property. Councilmember Oliver Davis asked when the zoning changed. Mr. Danch stated that he believes in 2005 or 2002 right in that area. He stated that there have been a couple of changes and amendments to the ordinances over the past few years. It changed originally from the old standards that were “E” Heavy Industrial “E” Height and Area which was in 2004. Councilmember Rouse asked Mr. Danch if he felt the changes were out of order. Mr. Danch asked for how the new ordinances went into effect? He stated no, not that they were out of order, but he stated what happens on zoning is that someone goes ahead 15 REGULAR MEETINGNOVEMBER 23, 2009 and does a reclassification and puts in new requirements and there are a lot of existing industrial facilities in the City of South Bend that have existing buildings and existing outside storage areas and then a new classification and a new zoning into effect and without really paying attention to what those requirements are sometimes it causes a ripple effect later on, but that is the exact reason for the Board of Zoning Appeals and go through the procedures that they do, so that if someone like himself or anyone who comes in an asks for a special exception they would have to that with conditions that apply to the property, which basically makes it more restrictive than just a general rezoning. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kirsits 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 seven (7) ayes and one (1) nay (Councilmember Henry Davis) Councilmember Henry Davis stated that as Councilmember’s there are four (4) criteria that they need to look at: 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 recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 (i). He stated that he believes that those criteria have not been met and there voted against this bill. BILL NO. 09-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 616 N. ST. PETER STREET Councilmember Kirsits made a motion to continue this bill until the December 14, 2009 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 91-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $123,135 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on December 14, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 92-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9924-09 TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) 16 REGULAR MEETINGNOVEMBER 23, 2009 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on December 14, 2009. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 93-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TEMPORARILY TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY PENDING RECEIPT OF PROPERTY TAX DISTRIBUTION 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 December 14, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 94-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9863-08, WHICH FIXED NON - BARGAINING EMPLOYEE WAGES IN 2009, TO DEFINE FULL AND PART-TIME EMPLOYEES 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 December 14, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 95-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 OF $158,850 FROM GENERAL FUND (#101) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 14, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 96-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 INCLUDING $38,169 FROM WATER WORKS SINKING FUND (#625), $86,700 FROM SEWER INSURANCE FUND (#640), $100,000 FROM SEWAGE WORKS OPERATIONS FUND (#641), $35,000 FROM PROJECT RELEAF FUND (#655), AND $269,172 FROM CENTURY CENTER FUND (#670) 17 REGULAR MEETINGNOVEMBER 23, 2009 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 December 14, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 97-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2009 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 December 14, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 98-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $156,000 FROM RECREATION-NONREVERTING FUND (#203), $22,100 FROM CENTRAL SERVICES FUND (#222), $170,000 FROM LOSS RECOVERY FUND (#227), $4,000 FROM EAST RACE WATERWAY FUND (#271), $1,191,779 FROM EMS/FIRE CAPITAL IMPROVEMENTS FUND (#288), $135,000 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $32,200 FROM COVELESKI STADIUM CAPITAL FUND (#401), $281,150 FROM PARKS NONREVERTING CAPITAL FUND (#405), $32,775 FROM CONSOLIDATED BUILDING DEPARTMENT FUND (#600), $639,500 FROM WATER WORKS CAPITAL FUND (#622), $758,950 FROM SEWAGE WORKS CAPITAL FUND (642), $58,200 FROM PROJECT RELEAF FUND (#655), AND $552,450 FROM CENTURY CENTER FUND (#670) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 14, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 99-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $356,770 FROM GENERAL FUND (#101),$498,853 FROM PARKS & RECREATION FUND (#201), $999,850 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $1,845,726 FROM LOCAL ROAD AND STREET FUND (#251), $1,170,500 FROM 18 REGULAR MEETINGNOVEMBER 23, 2009 COUNTY OPTION INCOME TAX FUND (#404), $523,800 FROM CUMULATIVE CAPITAL DEVELOPMENT FUND (#406), AND $469,200 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) 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 December 14, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION BILL NO. 13-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on December 14, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Henry Davis thanked Mr. Maurice Pearl from Transpo for the bus stop at the Northern Indiana Food Bank. PRIVILEGE OF THE FLOOR Mr. Dan Christman, 12980 Dragoon Trail, Mishawaka, Indiana, spoke regarding crossing guards at Thomas Edison School. He stated that he was driving down Hope and DeLano Drives around 7:20 a.m. near Thomas Edison School, he stated that a young man darted out crossing the street to get to school. Mr. Christman stated that there are no flashing lights, school zone signs or crossing guards at that intersection. He stated that he learned from Mr. William Burkhart, Director of Security, South Bend Community School Corporation that there used to be a crossing guard there and due to budget cut backs within the City of South Bend that position was eliminated. He stated that he would like to see a crossing guard put back at that intersection because there is nothing more important than the lives of our children. He urged the Council to find funding for school crossing guards. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, spoke regarding being harassed by police. She stated that things in the City of South Bend and St. Joseph County don’t change much, garbage in garbage out, and that she was being harassed by police officers who have been on the force for too many years. She urged the Council to make them retire! 19 REGULAR MEETINGNOVEMBER 23, 2009 ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 9:08 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 20