HomeMy WebLinkAbout03-27-06 Council Meeting Minutes
REGULAR MEETING MARCH 27, 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 27, 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 March 13, 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 March 13, 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
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REGULAR MEETING MARCH 27, 2006
RESOLUTION NO. 3570-06 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, PUBLICLY
HONORING JOHN H. OXIAN FOR HIS
FOUR (4) DECADES OF SERVICE TO
THE SOUTH BEND AND ST. JOSEPH
COUNTY COMMUNITIES IN
PRESERVING HISTORIC BUILDINGS
AND OTHER HISTORIC SITES
Whereas, the Common Council of the City of South Bend, Indiana, recognizes that in
1973 the Council passed Ordinance No. 5565-73 which established a nine-member Historic
Preservation Commission who was charged with recommending the “designation of historic
landmarks and the establishment of Historic Preservation Districts on the basis of historical and
cultural significance, educational value and suitability for preservation”; and
Whereas, the Common Council notes that JOHN H. OXIAN, a lifelong resident of South
Bend, is a graduate of South Bend Central and a Purdue Boilermaker who taught geology and
Indiana history at Clay Middle School, who served on the Historic Preservation Commission for
32 years and diligently served as its President from 1989 to 2004; and
Whereas, JOHN H. OXIAN’s passion for saving and preserving historically significant
buildings and sites began in the 1960s when South Bend “…were knocking down buildings
downtown” in the city’s quest for “urban renewal”, which was further invigorated when he
joined Southhold Restoration, Inc. and worked as a part of a local grassroots preservation group;
and
Whereas, thanks to the countless hours of hard-work, dedication, and the leadership of
JOHN H. OXIAN, South Bend has established nine (9) local historic districts in our city which
include the West North Shore Drive, Chapin Park, East Wayne Street, Edgewater Place,
Lincolnway West, North Saint Joseph Street, River Bend, Riverside Drive and Taylor’s Field; all
of which will serve as a testament to future generations of historic and cultural significance, as
well as their educational value, along with the many historic brick streets and vintage streetlights.
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 recognizes JOHN H. OXIAN for his four (4) decades of dedicated service and
leadership.
Section II. The South Bend Common Council believes that the professionalism and dedication
of JOHN H. OXIAN has resulted in preserving many local landmarks such as the Angela
Boulevard Bridge, the Michigan Street Bridge in Leeper Park, the Riverside Cemetery
Gatehouse and the LaSalle Landing Place, Firehouses # 4, #6, # 8 and # 9, Central High
School/Central High Apartments, Thomas Jefferson School, Leeper Park, and the Morris
Performing Arts Center, just to name a few of the historic and cultural gems in the City of South
Bend, Indiana, which are now preserved and captured for future generations, thanks to the
.
tireless efforts of JOHN H. OXIAN
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
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REGULAR MEETING MARCH 27, 2006
th
s/Ann Puzzello, 4 District s/Karen L. White, At Large
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s/Dr. David Varner, 5 District
Attest:
s/KathleenCekanski-Farrand, Council Attorney
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend
Councilmember Ann 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 it Mr. Oxian.
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.
Mr. Oxian thanked the Council for this honor. He stated that he has enjoyed working with each
and everyone who help him while he served on the Historic Preservation Commission.
Additionally, Councilmembers Pfeifer, Varner and Kelly offered comments and thanked Mr.
Oxian for his years of service and dedication to the Historic Preservation Commission.
Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember
White seconded the motion which carried.
RESOLUTION NO. 3571-06 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA ADOPTING A
WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CENTRE
TOWNSHIP KENDALL WEISS, LLP
ANNEXATION AREA
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the
annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is
described more particularly in Section I of this Resolution, and;
WHEREAS, the territory proposed to be annexed encompasses approximately 69.94
acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City
limits, i.e., approximately 18% contiguous, generally located adjacent to and west of the current
Lafayette Falls residential development. It is anticipated that the annexation area will be
developed as a residential subdivision. Such residential use will require a basic level of
municipal public services of a non-capital improvement nature, including police and fire
protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage
collection, as well as services of a capital improvement nature, including street and road
construction, street lighting, a sanitary sewer system, a water distribution system, and a storm
water system and drainage plan; and
WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to
establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of
services of a non-capital nature, including street and road maintenance, sewage collection, street
sweeping, flushing, and snow removal, police and fire protection, and other non-capital services
normally provided within the corporate boundaries, and services of a capital improvement
nature, including street and road construction, street lighting, a sanitary sewer extension, a water
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REGULAR MEETING MARCH 27, 2006
distribution system, and a storm water system to be furnished to the territory to be annexed; (2)
the method(s) of financing those services; (3) the plan for the organization and extension of those
services; (4) that services of a non-capital nature will be provided to the annexed area within one
(1) year after the effective date of the annexation, and that they will be provided in a manner in
standard and scope to similar non-capital services provided to areas within the corporate
boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or
population density; (5) that the services of a capital improvement nature will be provided to the
annexed area within three (3) years after the effective date of the annexation in the same manner
as the services are provided to areas within the corporate boundaries of the City of South Bend,
regardless of similar topography, patterns of land use, or population density, and in a manner
consistent with federal, state and local laws; and (6) the plan for hiring the employees of other
governmental entities whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, and the Board of
Public Safety of the City of South Bend, have each approved a written fiscal plan and established
a policy for the provision of services to the territory proposed to be annexed, which plan and
policy the Common Council finds to be appropriate and in the best interest of the City, and,
which it desires to adopt.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the following described real property located in German Township, St. Joseph
County, Indiana, be annexed to the City of South Bend:
A PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 36
NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS
WEST ALONG THE EAST LINE OF SAID SECTION 3, A DISTANCE OF
1000.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST ALONG THE EAST
LINE OF SAID SECTION 3, A DISTANCE OF 2315.87 FEET; THENCE
NORTH 88 DEGREES 53 MINUTES 03 SECONDS WEST, PARALLEL WITH
THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3,
A DISTANCE OF 1373.03 FEET TO THE CENTER LINE OF PENN
CENTRAL RAILROAD RIGHT-OF-WAY (ABANDONED); THENCE
NORTH 00 DEGREES 22 MINUTES 51 SECONDS EAST ALONG SAID
CENTERLINE, A DISTANCE OF 2295.34 FEET; THENCE SOUTH 89
DEGREES 46 MINUTES 25 SECONDS EAST, PARALLEL WITH THE
NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, A
DISTANCE OF 1319.76 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED PARCEL CONTAINING 69.911 ACRES, MORE OR LESS;
Section II. It shall be and hereby is now declared and established that it is the policy of the City
of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire
protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow
removal, within one (1) year of the effective date of the annexation, in a manner equivalent in
standard and scope to the services furnished by the City to other areas of the City regardless of
similar topography, patterns of land use, or population density; and to furnish to said territory
services of a capital improvement nature, such as street and road construction, street lighting, a
sanitary sewer extension, a water distribution system, a storm water system, and drainage plan,
within three (3) years of the effective date of the annexation in the same manner as those services
are provided to areas within the corporate boundaries of the City of South Bend regardless of
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REGULAR MEETING MARCH 27, 2006
similar topography, patterns of land use, or population density, and in a manner consistent
with federal, state and local laws, procedures, and planning criteria.
Section III. The Common Council for the City of South Bend shall and does hereby now
establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached hereto and made a
part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal
Plan provides, among other things, that the public sanitary sewer network is available with
capacity sufficient to service this area; that an additional water main line will be needed to
service this area as well as the previously annexed Mark J. Halacz Annexation Area as
noted in the Halacz annexation report of April 12, 2005; that street lighting and an
extended street network will be installed at the developer's expense; and that a street
drainage plan will be also be planned, provided and paid for by the developer subject to
compliance with state and local law.
Section IV. As a condition of annexation the Developer should grant a fifteen (15) foot
public easement along the entire western length of the Annexation Area.
Section V. This Resolution shall be in full force and effect from and of its date of
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Mr. Marco Mariani, Assistance Director, Division of Community Development, 1200
County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the
presentation for this resolution.
Mr. Mariani advised that this bill proposes to voluntarily annex contiguous territory in
Centre Township. He further noted that this resolution is a companion to Bill No. 10-06.
This resolution indicates the approval and adoption of a written fiscal plan and policy
concerning the provision of services, both capital and non-capital in nature, to the
territory to be annexed. This annexation is a 69.94 acre parcel adjacent to and west of the
current LaFayette Falls residential subdivision south of Kern Road. All public
improvements, if any, will be required to be done at the expense of the developer.
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 Puzzello seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:15 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. 10-06 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ANNEXING
TO AND BRINGING WITHIN THE CITY
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REGULAR MEETING MARCH 27, 2006
LIMITS OF SOUTH BEND INDIANA,
CERTAIN LAND IN CENTRE
TOWNSHIP CONTIGUOUS
THEREWITH; COUNCILMANIC
DISTRICT 6 KENDALL WEISS, L.L.P.
21000 BLOCK, SOUTH SIDE OF KERN
RD.
Councilmember Kirsits, Vice-Chairperson, Zoning and Annexation 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.
Mr. Derek Spier, Planner, Abonmarche Consultants, L.L.C., 750 Lincoln Way East,
South Bend, Indiana, made the presentation for this bill.
Mr. Spier advised that this is a voluntary annexation of 69.937 acres. The property
contains several wooded areas. The site also includes the eastern half of an abandoned
99-foot wide Penn Central railroad corridor. The current county zoning designation is
“R” Residential. This will allow for a single-family residential subdivision to be zoned
“SF1” Single-Family Residential upon annexation.
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 Pfeifer 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.
BILL NO. 14-06 PUBLIC HEARING 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
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee held a Public Hearing on this bill this afternoon and voted to
send it to the full Council with a favorable recommendation.
Councilmember Al “Buddy” Kirsits disclosed that he is a member of the South Bend
Fire Department. He noted that he has filed his disclosure statement with the State of
Indiana and the Office of the City Clerk. Also, he stated that after discussion with
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REGULAR MEETING MARCH 27, 2006
Council Attorney Kathleen Cekanski-Farrand it was determined that there is no conflict
of interest.
Mr. Michael Danch, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South
Bend, Indiana, made the presentation for this bill, on behalf of the petitioners the City of
South Bend and South Bend Heritage Foundation.
Mr. Danch advised that the purpose of the vacation of the real property is to allow for the
construction of a New Public Fire Station #2 facility to serve a portion of the Northwest
Neighborhood. The property is currently being replatted. The north-south alley just west
of Kuntsman Ct. will not be a dead end alley. They will be creating and east-west alley
that will allow residents to get back onto Kuntsman Ct. They will be additional parking
that will be provided as part of the development of the Fire Station Property.
Councilmember Dieter reiterated that this will allow for another new fire station.
Mr. Danch confirmed that it is a new Fire Station #2.
Councilmember Rouse stated that there was some discussion this afternoon on the 13.2 ft
recommendation of moving that to 14 ft. Will this issue have to go back to Area Plan or
the Zoning Board to get that approval.
Mr. Danch stated that he will have to go over that with City Engineer Carl Littrell, as part
of the subdivision replat that they have approved with the Area Plan Commission. They
can go ahead and dedicate that approximate one (1) additional foot and believe that they
will still be within the guidelines of the setback requirements
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 was no one present wishing to speak to the Council in favor of this bill.
The following individuals spoke in opposition to this bill.
Mr. Wade Gadman, 828 Ridgedale Road, South Bend, Indiana, questioned how this
vacation will affect his property at 720 W. Oak Street? Mr. Gadman stated that he is not
opposed; he just needs more information regarding the vacation.
Ms. Angela Logan, 25821 Sly Fox Ct., South Bend, Indiana, question how this vacation
will affect her property at 119 Kuntsman Court? Ms. Logan stated that she is not clear on
what this vacation means.
Mike Danch responded to the owners of 720 W. Oak Street, is on the West side of Dr.
Martin Luther King Jr. Drive which is outside of the area where the Fire Station is going
to be built. So from that standpoint, just so the residents understand by law the petitioner
is required to notify anyone within 150 feet of what is actually being vacation. He falls
within the 150 foot area but being west of the Drive, there should be no effect. The same
thing would apply to the owner of 119 Kuntsman Court. The alley is north of 119
Kuntsman Court, will still be able to be used by those residents.
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Carl Littrell, City Engineer, 13 Floor County-City Building, 227 W. Jefferson Blvd.,
South Bend, Indiana, stated that he spoke with the owner of 720 W. Oak Street and it is
indeed on the other side of Chapin Street. He further noted that regarding Kuntsman
Court, the City is going to improve part of Kuntsman Court, that part closest to
Lincolnway West will be widened and a parking strip added on Kuntsman Court and the
connect alley from Kuntsman Court to the remaining alley segment will be wide enough
for traffic as well as five angled parking spots. The City will be providing additional
parking opportunities for anyone to parking. The widening will provide better visibility
and better approach to Kuntsman Court for the residents who live along there. Kuntsman
is not being vacated it will still run southward to an alley and have access at the other
end.
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REGULAR MEETING MARCH 27, 2006
Councilmember Dieter made a motion for favorable recommendation to full Council
concerning this bill. Councilmember Varner seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 87-05 PUBLIC HEARING ON A BILL TO
VACATE THE FOLLOWING
DESCRIBED PROPERTY: A PORTION
OF KENWOOD AVENUE, LINDEN
AVENUE, LAWTON AVENUE AND 3
NEARBY ADJACENT ALLEYS
Councilmember Puzzello made a motion to hear the substitute version of this bill as
amended and on File in the Office of the City Clerk. Councilmember Dieter seconded
the motion which carried by a voice vote of eight (8) ayes.
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this Committee met this afternoon and it was the consensus of the
Committee to send this bill to the full Council with a favorable recommendation.
Mr. Bernard Feeney, Land, Feeney & Associates, Inc., 715 S. Michigan Street, South
Bend, Indiana, made the presentation for this bill on behalf of the Petitioners The Bosch
Corporation.
Mr. Feeney advised that this amended bill is to allow for vacation of streets and alleys in
the vicinity of Washington and Meade Streets to allow for the Bosch Corporation to
expand its Campus.
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 was no one present wishing to speak to the Council in favor of this bill.
The following individuals spoke in opposition to this bill.
Mr. Cyrus Anderson, 1127 N. Twyckenham, South Bend, Indiana, stated that he owns
property at 2517 Kenwood and was questioning how this vacation would affect this
property.
Ms. Claudia Welch, 2514 Kenwood, South Bend, Indiana, stated that she owns property
located at 2514 Kenwood and wanted to know how this vacation would affect her
property.
In rebuttal, Mr. Feeney stated that 2517 and 2514 Kenwood are both located east of the
proposed vacation and would not be affected.
Councilmember Dieter made a motion to recommend the substitute bill as amended and
on file in the Office of the City Clerk to full Council favorably. Councilmember Varner
seconded the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 18-06 PUBLIC HEARING 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
Councilmember Puzzello made a motion to continue this bill until the April 10, 2006
meeting of the Council. Councilmember Varner seconded the motion which carried by a
voice vote of eight (8) ayes.
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REGULAR MEETING MARCH 27, 2006
BILL NO. 12-06 PUBLIC HEARING ON A BILL 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 Varner made a motion to continue this bill until the April 10, 2006
meeting of the Council. 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. 9659-06 AN ORDINANCE 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
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REGULAR MEETING MARCH 27, 2006
This bill had third reading. Councilmember Pfeifer made a motion to pass this bill.
Councilmember Kelly seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9660-06 AN ORDINANCE TO VACATE THE
FOLLOWING DESCRIBED PROPERTY:
A PORTION OF KENWOOD AVENUE,
LINDEN AVENUE, LAWTON AVENUE
AND 3 NEARBY ADJACENT ALLEY
This bill had third reading. Councilmember Puzzello made a motion to consider the
substitute as amended in the Committee of the Whole version of this bill.
Councilmember White seconded the motion which carried by a voice vote of eight (8)
ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as
substituted and amended. Councilmember Kelly seconded the motion which carried.
The bill passed by a roll call vote of eight (8) ayes.
RESOLUTIONS
RESOLUTION NO. 3572-06 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 HURWICH IRON, U.S.
SCRAP/RECYCLING, AND CONCRETE
RECYCLING PURSUANT TO §4-51 OF
THE SOUTH BEND MUNICIPAL CODE
Whereas, the Common Council of the City of South Bend, Indiana, notes that
South Bend Municipal Code
Section 4-51 of the 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 March 13, 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:
Concrete Recycling 1702 N. Bendix
Hurwich Iron 1610 Circle
Hurwich Iron 1700 W. Washington
Hurwich Iron 2016 W. Washington
U.S. Scrap/Recycling 1420 S. Walnut
Whereas, the Council further notes that the five (5) 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 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 March 13, 2006:
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REGULAR MEETING MARCH 27, 2006
Concrete Recycling 1702 N. Bendix
Hurwich Iron 1610 Circle
Hurwich Iron 1700 W. Washington
Hurwich Iron 2016 W. Washington
U.S. Scrap/Recycling 1420 S. Walnut
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
Councilmember Pfeifer, Chairperson, Personnel and Finance Committee, reported that
this Committee held a Public Hearing on this bill this afternoon and voted to send it to the
full Council with a favorable recommendation.
Mr. Gary Gilot, President, Board of Public Works, 1300 County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
Mr. Gilot advised 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 Operations/Transfer Station to the Council’s attention once they have
been approved. Mr. Gilot stated upon each License Application that has been favorably
recommended by the Board, he will forward to the attention of the Council.
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.
Councilmember Dieter 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. 19-06 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 17, ARTICLE 2, DIVISION 5,
SECTION 17-29 OF THE SOUTH BEND
MUNICIPAL CODE ADDRESSING
AUTHORIZATION TO ENTER INTO
SPECIAL RATE CONTRACTS FOR
SEWER SERVICE
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Utilities Committee and set if for Public Hearing and Third Reading on April 10, 2006.
Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8)
ayes.
BILL NO. 20-06 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
APPROPRIATING $225,000 RECEIVED
FROM THE U.S. DEPARTMENT OF
JUSTICE FOR THE WEED & SEED
PROGRAM
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REGULAR MEETING MARCH 27, 2006
This bill had first reading. Councilmember Puzzello 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 Kelly seconded the motion which carried by a voice
vote of eight (8) ayes.
BILL NO. 21-06 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
APPROPRIATING $ 65,904.00 FROM
RIVER RESCUE FUND (NO. 291) TO
TRAIN PERSONNEL AND PURCHASE
EQUIPMENT
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. 22-06 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
APPROPRIATING $7,000.00 FROM HAZ-
MAT FUND NO. 289) TO PURCHASE
NEW EQUIPMENT
This bill had first reading. Councilmember Varner 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 Kelly seconded the motion which carried by a voice
vote of eight (8) ayes.
BILL NO. 23-06 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
AUTHORIZING THE ACQUISITION
AND INSTALLATION OF CERTAIN
IMPROVEMENTS TO THE CITY’S
SEWAGE WORKS, THE ISSUANCE
AND SALE OF ADDITIONAL REVENUE
BONDS TO PROVIDE FUNDS FOR THE
PAYMENT OF THE COSTS THEREOF,
AND THE COLLECTION,
SEGREGATION AND DISTRIBUTION
OF THE REVENUES OF SUCH SEWAGE
WORKS AND OTHER RELATED
MATTERS
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Utilities 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.
UNFINISHED BUSINESS
A. APPEAL OF DENIAL OF CERTIFICATE OF APPROPRIATENESS
NO. 2005-1029A BY THE HISTORIC PRESERVATION
COMMISSION OF THE CITY OF SOUTH BEND PROPERTY
LOCATED AT: 2300 PORTAGE AVENUE, SOUTH BEND, INDIANA
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REGULAR MEETING MARCH 27, 2006
Councilmember Varner made a motion to continue this appeal until the April 27, 2006
meeting of the Council. Councilmember Dieter seconded the motion which carried by a
voice vote of eight (8) ayes.
REPORTS FROM AREA PLAN COMMISSION:
BILL NO. 63-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 4528, 4536, 4546, 4606, &
4612 LAKE BLACKTHORN DRIVE, COUNCIL MANIC
DISTRICT #1 IN THE CITY OF SOUTH BEND, INDIANA
BILL NO. 04-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 1201 WEST WASHINGTON
STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF
SOUTH BEND, INDIANA
BILL NO. 05-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 1040 AND 1102 WEST
WASHINGTON STREET, COUNCILMANIC DISTRICT NO. 2
IN THE CITY OF SOUTH BEND, INDIANA
BILL NO. 06-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR THE PROPERTY LOCATED AT 1045 WEST
WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN
THE CITY OF SOUTH BEND, INDIANA
BILL NO. 07-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,
INDIANA, AND AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN CLAY TOWNSHIP
CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT
#4, JOHN ROY (PETITIONER) 54670 WILLIS AVENUE,
SOUTH BEND, INDIANA
BILL NO. 09-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 929 LINCOLNWAY EAST,
COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember Pfeifer made a motion to refer Bill Nos. 63-04; 04-06; 05-06; 06-06; and
09-06 to the Zoning and Annexation Committee and set it for Public Hearing and Third
Reading on April 10, 2006. Councilmember Dieter seconded the motion which by a
voice vote of eight (8) ayes.
Councilmember Puzzello made a motion to refer Bill No. 7-06 to the Zoning and
Annexation Committee and set it for Public Hearing on April 29, 2006 and Third
Reading on May 8, 2006. Councilmember Pfeifer seconded the motion which carried by
a voice vote of eight (8) ayes.
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REGULAR MEETING MARCH 27, 2006
NEW BUSINESS
Council President Rouse stated that the April 24, 2006 meeting of the Council will be
changed to April 27, 2006 at 7:00 p.m. He further noted that the committee meetings will
still be scheduled for Monday, April 24, 2006, the times for those committee meetings
will be announced at a later date.
Councilmember Roland Kelly, stated that he is a member of the Area Plan Commission
and that the Commission met last week and he has a report on file with the Office of the
City Clerk.
PRIVILEGE OF THE FLOOR
Mr. Bill Eagen, 3402 Maple Lane, South Bend, Indiana, stated that he has been here
before. The same subject, the question when is the South Bend Common Council going
to do something about this matter of Sexual Orientation and the statute involving Human
Rights. Mr. Eagen stated that he is a member of the South Bend Human Rights
Commission, but he is here tonight on his own and not representing the Commission.
The history goes back three years ago, Councilmember Pfeifer held a series of hearings
throughout the City and in most cases the result was favorable, and again about eight or
nine months ago the appropriate committee held a hearing on this. Mr. Eagen questioned
the proper procedure after the committee holds a public hearing the next result should be
an appearance before the Common Council. So far he stated that he has seen nothing
from the Council. In January it was a national holiday, honoring Martin Luther King, Jr.,
much was said about the great work that he did and what he left for us. Many people
present at that time including many people here indicated to him to carry on the work that
he had done. Mr. Eagen suggested one way to do that is to take positive action on this
matter of sexual orientation and the protection it deserves. So if you really believe what
many of you said on Martin Luther King, Jr.’s birthday, he suggests the appropriate
action would be very quick action amending the ordinance. Now several Cities’ in
Indiana have already done it. So it is not particularly new, the people who honored
Martin Luther King Jr.’s birthday wish their lives, their property and their sacred honor.
Some of them paid their lives to do what they are going to do. What the Council is being
asked to do is uphold that category, you are not risking your lives, you are being asked to
take a reasonable step to continue to work toward fair treatment of individuals. Now he
thinks that the ultimate answer is not here, it is either in Indianapolis or Washington, but
to get it actually going, we need a ground swell from the grassroots. Mr. Eagen stated
that he hopes the Council sees fit to take action on this.
Councilmember Kirsits advised that he has a report from the South Bend Water Works
Director, John Stancati, listing how many residential users that are not currently using
city services. Councilmember Kirsits stated that there are approximately 5,400 not using
water. He noted that anyone who is interested in looking at the report may contact him.
ADJOURNMENT
There being no further business to come before the Council, President Rouse adjourned
the meeting at 8:05 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Timothy A. Rouse, President
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