Loading...
HomeMy WebLinkAbout03-13-06 Council Meeting Minutes REGULAR MEETING MARCH 13, 2006 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, March 13, 2006 at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Karen L. White At-Large Chairperson Committee of the Whole Al “Buddy” Kirsits At-Large Absent: Ervin Kuspa 6th District OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney 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 February 27, 2006, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember White made a motion that the minutes of the February 27, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF DATE/TIME CHANGE OF THE APRIL 24, 2006 MEETING Council President Rouse announced the change of the Monday, April 24, 2006 Common th Council Meeting to Thursday, April 27, 2006 at 7:00 p.m., in the Council Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. City Clerk John Voorde, advised that the Indiana League of Municipal Clerks and Treasurers is th holding its 70 Annual Conference in South Bend, Indiana and is hosting a welcoming reception, on Monday, April 24, 2006 at 5:30 p.m., at the Studebaker National Museum and invited all Councilmember to attend. All Common Council Committee Meetings 1 REGULAR MEETING MARCH 13, 2006 th will be held on Monday, April 24, 2006 on the 4 Floor of the County-City Building. The meeting times will be determined and announced at a later date. Councilmember Varner made a motion to that effect. Councilmember Dieter seconded the motion which carried by a voice vote of eight ayes. RESOLUTION NO. 3567-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE “PRIDE OF THE WEST SIDE”, THE WASHINGTON HIGH SCHOOL GIRLS LADY PANTHERS BASKETBALL TEAM FOR BEING THE RUNNERS-UP IN THE 2006 STATE BASKETBALL CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the 34.31 acre campus of Washington High School contains 63 classrooms and is located at 4747 West Washington; and Whereas, the Council notes that George McCullough serves as the Washington High School Principal, that Teresa Phillips and Byron Sanders are the Assistant Principals, and they along with their dedicated teachers “encourage students to question, to evaluate, and react to all sources of knowledge in order to develop intellectually, physically, socially, creatively and emotionally; and Whereas, the Council would especially like to publicly recognize that the action-packed Washington High School Lady Panthers Basketball Team went 25-2 in an season which South Bend will long remember; with the Common Council being proud to acknowledge each of the student-athletes and the hard-working staff of the 2005-2006 Washington High School Varsity Girls Basketball Team, namely: Cheneka Anderson, Junior Guard Ashley Varner, Junior Forward Lauren Archie, Junior Forward ShericeWhite,Junior Guard/Forward Katie Boocher, Junior Center Paris Wright, Senior Guard Skylar Diggins, Freshman Guard Marilyn Coddens, Head Coach Don Coddens Destini Minor, Sophomore Guard , Assistant Coach Shalana Murray, Sophomore Forward Maurice Scott, J.V. Coach Emily Phillips, Sophomore Guard Tim Balasa, Freshman Coach Karis Phillips, Freshman Guard Andrea Etienne, Manager Jena Stopczynski, Junior Guard Maggie Pal, Manager Jacquese Stuckey, Sophomore Center Amanda Schreeg, Manager Pat Mackowiak, Athletic Director Whereas, the Common Council and the City of South Bend residents know that there is something very special about the fine citizens, the good students, and the very Lady Panther talented teammates and coaching staff who epitomize the very best of team sportsmanship, and who have worked hard to earn the title of the “Pride of the West No Weak Link Side” as they daily live by their team motto of “”. Now, Therefore, be it resolved, by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the congratulates Common Council each & every student-athlete and staff of the “ PRIDE OF THE WEST SIDE”, THE 2005-2006 WASHINGTON HIGH SCHOOL GIRLSLADY PANTHERS BASKETBALL TEAM for being the runners-up in the 2006 4-A Indiana State and for their most memorable 25-2 basketball season. Basketball Championship, Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the 2005-2006 Washington High School Varsity Girls Basketball Team:has enabled each of them to be excellent role models for youth in our community, with each Lady Panther team member bringing the highest of honors to herself, her 2 REGULAR MEETING MARCH 13, 2006 family and friends, Washington High School, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmembers Dieter, Pfeifer and White made the presentation for this Resolution by first offering their comments and then reading the Resolution in its entirety and presenting it to Coach Marilyn Coddens and the Lady Panthers. 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. Coach Marilyn Coddens, Lady Panthers Cheneka Anderson and Skylar Diggins thanked the Council for this honor. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Kirsits seconded the motion which carried. RESOLUTION NO. 3568-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE STAFF OF THE MORRIS PERFORMING ARTS CENTER FOR ITS MANY EFFORTS WHICH HAVE RESULTED IN THE MORRIS BEING LISTED IN THE 2005 POLLSTAR RANKINGS OF THE WORLD’S TOP 100 THEATERS Whereas, the Common Council of the City of South Bend, Indiana, notes with pride that the Morris Performing Arts Center is located in the heart of downtown South Bend and is the home of the Broadway Theatre League, the South Bend Symphony Orchestra and the Southhold Dance Theater; and Whereas, the Common Council further notes that in May of 1998 a complete restoration and renovation process began with the new Morris Performing Arts Center re- opening in 2000 with brand-new, state-of-the-art stage house and interiors which were “The Hottest restored to their 1922 splendor, and today is proudly known as having Ticket in Town!”; and Whereas, the Common Council is especially proud to recognize that the concert Pollstar industry magazine has listed the world’s top 100 theaters, ranked by the number of tickets sold for traveling shows and lists the Morris Performing Arts Center as # 46 in 3 REGULAR MEETING MARCH 13, 2006 2005 with 89,501 tickets sold; resulting in the Morris being ranked ahead of the Chicago Theatre and behind New York’s Radio City Music Hall; and , Now, Therefore, be it resolved by the Common Council 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 publicly acknowledges that the 2,500-seat MORRIS PERFORMING ARTS CENTER has been ranked # 46 of the world’s top 100 theaters in 2005 by Pollstar , the concert industry magazine. Section II. The South Bend Common Council would especially like to publicly thank the hard-working, innovative and creative staff of the Morris, namely: Dennis J. Andres, Executive Director Sara Ermeti, Assistant Executive Director Mary Ellen Smith, Exec. Ass’t & Office Mgr Marika Hegedus, Accounting Manager Denise Zigler, Ass’t Dir. Theater Event Operations David Davenport, Facility Engineer Katherine “Cat” Nelson, Technical Stage Mgr. Wendy Garner, Box Office Manager Michelle DeBeck, Ass’t Box Office Manager Ron Vogler, Senior Box Office Assistant and further recognize that due to their dedication and professionalism the MORRIS PERFORMING ARTS CENTER will continue to be an anchor in downtown South Bend in years to come. Section III . 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 s/Charlotte D. Pfeifer, 2d District s/Timothy A. Rouse, At Large rd s/Roland Kelly, 3 District s/Karen L. White, At Large thth s/Ann Puzzello, 4 District s/Dr. David Varner, 5 District th s/Ervin Kuspa, 6 District s/Kathleen Cekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Puzzello 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting to Dennis Andres, Executive Director, Morris Performing Arts Center. 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. Dennis Andres, Executive Director, Morris Performing Arts Center, thanked the Council for this honor. He thanked his staff for their hard work and dedication. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Kirsits seconded the motion which carried. REPORTS OF CITY OFFICES 4 REGULAR MEETING MARCH 13, 2006 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT – SHARON KENDALL Ms. Kendall, Executive Director, Department of Community and Economic Development spoke regarding City Plan. Ms. Kendall advised that City Plan is modeled off the Live, Work and Play in South Bend motto. City Plan is an inclusive bold idea to bring citizens and city together. She congratulated her staff, Pamela Meyer, George Adler, Jitin Katin, and Larry Magliozzi. Ms. Kendall stated that Mr. Magliozzi, is leaving the City and returning to the St. Joseph County Area Plan Commission. She indicated that she will have a draft of City Plan available mid to late April and copies will be distributed to the Council, Mayor and members of the Civic Alliance. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m., Councilmember Puzzello made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 11-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2006, INCLUDING $6,000,000 FROM THE GENERAL FUND, $1,000,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $200,000 CUMULATIVE CAPITAL IMPROVEMENT FUND, $927,800 EMERGENCY MEDICAL SERVICES, $3,592,000 FROM THE COUNTY OPTION INCOME TAX FUND, $250,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $100,000 MORRIS PERFORMING ARTS CENTER, $300,000 FROM THE PARKS AND RECREATION FUND, $300,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $200,000 FROM THE PARK RECREATION NON-REVERTING FUND $32,000 FROM THE EAST RACE WATERWAY FUND, $3,146,000 FROM THE LOCAL ROADS AND STREETS FUND, $40,400 CONSOLIDATED BUILDING FUND, $1,696,438 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,249,573 FROM THE SEWAGE WORKS DEPRECIATION FUND Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. 5 REGULAR MEETING MARCH 13, 2006 Councilmember Pfeifer, 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. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mayor Stephen J. Luecke and City Controller M. Catherine Fannello made the presentation for this bill. th Mayor Stephen J. Luecke, 14 Floor County-City Building, South Bend, Indiana, thanked City Controller Catherine Fannello and all City Department Heads for the tremendous effort in putting together this Capital Budget. Mayor Luecke advised that this is the Capital Budget for 2006. Catherine has brought a new eye and a new perspective and a new level of detail to the budgeting process that will benefit the administration and Council. As the Council looks to approve this budget and future budgets as they will be able to track expenditures on these dollars moving forward. He is greatly for her new service to this community. As everyone is fully aware the Capital Budget is what allows the City to invest and replace vehicles and equipment in annual programs, such as streets, neighborhoods and some support for outside organization and in major project such as building Fire Station #2 or constructing Riverside Trail. These are important dollars that we spend as we had noted over the past couple of years we are beginning to see a squeeze on the Capital Budget. In 2004, the Capital Budget was $28 million dollars. In 2005, around $30 million dollars and this year 2006 the budget is proposed at just under $20 million dollars. Nevertheless, this budget is believed to provide the equipment that is necessary for personnel and the facilities and to continue to invest in neighborhood and neighborhood programs and to serve the Community well. Council Attorney Kathleen Cekanski-Farrand advised that it is necessary to accept the amended version of Exhibit A, which the City Controller filed with the City Clerk’s Office last week, and also that the amended version be marked Exhibit A, it was referenced in Section I, but does not have that title on it. Councilmember Pfeifer made a motion to that effect, seconded by Councilmember Rouse. The motion carried by a voice vote of eight (8) ayes. Councilmember Pfeifer asked Council Attorney Kathleen Cekanski-Farrand if Exhibit A include both of the documents that Councilmember Varner wanted included and the one that she wanted included. Council Attorney Kathleen Cekanski-Farrand stated no, that she was going to recommend that those documents be a separate motion, because that Exhibit A that is referenced by the Ordinance itself is just the attached detail and is not the advanced detail that was further provided by the City Controller Catherine Fanello. Councilmember Pfeifer made a motion that the additional information requested by Councilmember Varner and Councilmember Pfeifer be included with the bill on file with the City Clerk’s Office. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. th Ms. Catherine Fanello, City Controller, 14 Floor, County-City Building, South Bend, Indiana, advised that this ordinance is necessary for appropriating funds for the City of South Bend 2006 Capital Budget. Additionally, she stated that the substituted bill reflects an additional appropriation of grant funds in the amount of $327,800 from the EMS fund number 288. The Fire Department was awarded a grant for equipment and will receive the funds this summer. Funds will not be released by the awarding agency until an invoice is presented. The City’s twenty percent match of $81,400 is listed in the capital budget under Turnout Equipment. Ms. Fanello further noted that she enjoyed the 6 REGULAR MEETING MARCH 13, 2006 Capital Budget Process with the Council and hopes that the information that the Council received was good information. The Departments worked very hard as the Department of Administration and Finance implemented a new process that required each department to submit more detail than every reported before in the past. The investment in neighborhoods is to be commended. Ms. Fanello stated that where she came from reinvesting in neighborhood was not practiced. Ms. Fanello stated that it is awesome to see some of the things that the City of South Bend does to reinvest in their neighborhoods. She noted that the City should be commended for taking such an interest in the neighborhoods. Ms. Fanello highlighted some of the key points in the Capital Budget. She stated that out of the 3 million dollars in the local road and street fund, that 2 million of those dollars are funded by the wheel tax. Those dollars go towards paving and other infrastructure improvements. About 4 million dollars as per the detail that was submitted is going for water and sewer. $702,500 dollars in the Parks Department is being invested in various upgrades and replacements throughout the various centers and green space. Ms. Fannello stated that there is approximately $500,000 dollars being invested in technology improvements throughout the city. Last month the City’s new website was released, and are now taking on-line payments for the Water Department, Ordinance Violations Bureau and Parking Tickets, etc. All of these advancements in the various departments helps the City to become more efficient. 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 Pfeifer, Kelly, White and President Rouse thanked City Controller Catherine Fanello for all her hard work and appreciate her detailed information and responding to the Council’s request for more information. There being no one 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 substituted bill as amended. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 13-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $220,000 OF BUILD INDIANA GRANT FUNDS WITHIN FUND 230 FOR THE PURPOSE OF FACILITATING ADAPTIVE REUSE OF THE FORMER DREWRYS BREWERY FACILITIES AT 1408 ELWOOD AVENUE Councilmember Kelly, Chairperson, Community and Economic Development Committee reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Andy Laurent, Economic Development Specialist, Community and Economic Development Department, 1200 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Laurent advised that this bill appropriates $220,000 of State of Indian Build Indian Grant Funds. These funds will be used to facilitate the adaptive reuse of the former Drewry’s Brewery complex located at 1408 Elwood Avenue, South Bend, Indiana. The Division of Economic Development has been working with the property owner and a developer for over five years to revitalize this large brownfield site. The execution of a purchase agreement between the developer and the property owner appears to be feasible within the next few months. This is the appropriate time to begin the process of funding the pre-development activities that will facilitate this private land transaction. The use of these Grant Funds will be environmental cleanup associated with the buildings located on site. 7 REGULAR MEETING MARCH 13, 2006 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 Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, 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 7:45 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9657-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2006, INCLUDING $6,000,000 FROM THE GENERAL FUND, $1,000,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $200,000 CUMULATIVE CAPITAL IMPROVEMENT FUND, $927,800 EMERGENCY MEDICAL SERVICES, $3,592,000 FROM THE COUNTY OPTION INCOME TAX FUND, $250,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $100,000 MORRIS PERFORMING ARTS CENTER, $300,000 FROM THE PARKS AND RECREATION FUND, $300,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $200,000 FROM THE PARK RECREATION NON-REVERTING FUND $32,000 FROM THE EAST RACE WATERWAY FUND, $3,146,000 FROM THE LOCAL ROADS AND STREETS FUND, $40,400 CONSOLIDATED BUILDING FUND, $1,696,438 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,249,573 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had third reading. Councilmember Varner made a motion to amend this substitute bill as it was in the Committee of the Whole.Councilmember Dieter seconded 8 REGULAR MEETING MARCH 13, 2006 the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this substitute bill as amended in the Committee of the Whole. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9658-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $220,000 OF BUILD INDIANA GRANT FUNDS WITHIN FUND 230 FOR THE PURPOSE OF FACILITATING ADAPTIVE REUSE OF THE FORMER DREWRYS BREWERY FACILITIES AT 1408 ELWOOD AVENUE This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3569-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/TRANSFER STATION LICENSES FOR CALENDAR YEAR 2006 FOR A-1 AUTO PARTS, SHAPIRO SALES, SOUTH BEND SCRAP & PROCESS, AND GERTRUDE STREET METAL RECYCLING PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, the Common Council of the City of South Bend, Indiana, notes that Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers, recycling operations and transfer stations; and WHEREAS, the Common Council notes that on February 28, 2006 the Office of the City Clerk received a memorandum from the Clerk of the Board of Public Works stating that at the February 27, 2006 meeting of the Board of Public Works, it recommended favorably the following businesses for such a license for the 2006 calendar year: A-1 Auto Parts 2014 South Lafayette Gertrude Street Metal Recycling 3700 South Gertrude Shapiro Sales 2920 West Sample South Bend Scrap & Processing 1305 Prairie WHEREAS, the Council further notes that the license applications for each of the above- referenced businesses received “favorable recommendations from Code Enforcement, Fire Department, Water Works and the Legal Department” as set forth in the attached letter from the Clerk. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of South Bend, Indiana, as follows: SECTION I. The license applications for the following businesses are approved based upon the satisfactory review of the properties by the Department of Code Enforcement, Water Works and the Fire Department Prevention Bureau, as well as the favorable 9 REGULAR MEETING MARCH 13, 2006 recommendation of the Board of Public Works at its Board meeting of February 27, 2006, as evidence by the Board’s communication to the Office of the City Clerk dated February 27, 2006: A-1 Auto Parts 2014 South Lafayette Gertrude Street Metal Recycling 3700 South Gertrude Shapiro Sales 2920 West Sample South Bend Scrap & Processing 1305 Prairie SECTION III.This Resolution shall be in full force and effect from and after its adoption by the council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council th Mr. Gary Gilot, President, Board of Public Works, 13 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that the Board of Public Works at its regular meeting held on February 27, 2006, approved forwarding all License Applications for Scrap Metal Dealers/Junk Dealers/Recycling Operation/ Transfer Station to the Council’s attention once they have been approved. Mr. Gilot stated that as each License Application has been favorably recommended and approved he will send it to the attention of the Council. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 14-06 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SCOTT STREET, BEING A 40 FT. WIDE RIGHT-OF-WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE NORTH TO THE FIRST EAST-WEST ALLEY ON THE SOUTH, BEING APPROXIMATELY 240 FEET IN LENGTH, AND OAK STREET, BEING A 40 FT. WIDE RIGHT-OF-WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE WEST TO ITS INTERSECTION WITH SCOTT STREET ON THE EAST, BEING APPROXIMATELY 45 FEET IN LENGTH, AND ALSO A PORTION OF THE FIRST NORTH-SOUTH 13.2 FT. WIDE PUBLIC ALLEY WEST OF KUNSTMAN COURT RUNNING FROM LINCOLNWAY WEST ON THE NORTH TO ITS TERMINATION POINT ON THE SOUTH, BEING APPROXIMATELY 155 FEET IN LENGTH This bill had first reading. Councilmember Puzzello 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 March 27, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 10 REGULAR MEETING MARCH 13, 2006 BILL NO. 15-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A VACANT, TRIANGULAR SHAPED PARCEL BOUNDED ON THE EAST BY MEADE STREET, ON THE NORTH BY LAWTON STREET AND THE SOUTHWEST SIDE BY WASHINGTON STREET; FOUR VACANT LOTS LYING NORTH AND ADJACENT TO LAWTON STREET FROM MEADE STREET WEST 160 FEET TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET; FOUR VACANT LOTS LYING SOUTH AND ADJACENT TO KENWOOD AVENUE FROM MEADE STREET WEST 160 FEET TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET; EIGHT VACANT LOTS FROM KENWOOD AVENUE NORTH TO BERTRAND STREET BEING 160 FEET IN WIDTH, EAST AND WEST, FROM MEADE STREET WEST TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 16-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY EAST OF 5909 NIMTZ PARKWAY, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 17-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $98,664 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE CEASEFIRE PROGRAM This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety Committee and set if for Public Hearing and Third Reading on April 10, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 18-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING THE BOUNDARIES OF THE CITY IN ANTICIPATION OF CITY PLAN 11 REGULAR MEETING MARCH 13, 2006 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Zoning and Annexation Committee and set if for Public Hearing and Third Reading on March 27, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 87-05 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KENWOOD AVENUE, LINDEN AVENUE, LAWTON AVENUE AND 3 NEARBY ADJACENT ALLEYS Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner made a motion to refer this substituted bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on March 27, 2006. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 12-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO HELP CURTAIL THE THEFT OF ALUMINUM, COPPER AND RELATED ITEMS Councilmember Ann Puzzello made a motion to reassign this bill to the Health and Public Safety Committee. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBER SERVING AS REPRESENTATIVE ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Rouse gave an update on Downtown South Bend (DTSB). He stated that they met last Wednesday, March 8, 2006. They are working tenaciously but progressing on the business investment district and they hope to have a full report before the full Council in Council Chambers in Committee very shortly. Councilmember Rouse further noted that there is a huge amount of work going on with that. He is proud to report that DTSB has purchased new flags to hang in downtown and that they are IUSB flags! He also stated that the Ambassadors will begin patrolling downtown. There will be six (6) total ambassadors. Councilmember Rouse also stated that the Waste Management Board met and their work is ongoing. The Mayor was present and brought some good points to be mindful of to the Director, Mark Mehall. They will be looking at a new lease program that will be coming up very shortly. B. MISCELLANEOUS There was no miscellaneous business to come before the Council. 12 REGULAR MEETING MARCH 13, 2006 PRIVILEGE OF THE FLOOR A. PUBLIC PORTION There was no one present wishing to speak to the Council tonight. B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING Councilmember Charlotte D. Pfeifer thanked the Mayor, Commissioners, City Clerk, County Clerk, Councilmember’s Kirsits, White, President Rouse and Nikki Hutchinson, stth with the 21 Century Scholars and everyone else who participated in the 4 Annual Civic st Day. There were 40 young people, who pledged to be 21 Century Scholars and continue to maintain good grades and behavior throughout middle school and high school. They participated in a mock passing of an ordinance and toured the County-City Building and Court House. Councilmember Pfeifer stated these young people are going to be the st future of South Bend and the 21 Century Scholar Program is an excellent example for them to become involved in government participation. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:01 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy A. Rouse, President 13