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HomeMy WebLinkAbout04-10-06 Council Meeting Minutes REGULAR MEETING APRIL 10, 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, April 10, 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 Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Karen L. White At-Large Chairperson Committee of the Whole th Absent: David Varner 5 District th Ervin Kuspa 6 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 Council President Rouse advised that Councilmember Varner is on vacation and was not available to inspect the Minutes from the March 27, 2006 Meeting. So therefore, they will continue the report from the Sub-Committee on Minutes until the April 27, 2006 meeting of the Common Council. SPECIAL BUSINESS RESOLUTION NO. 3573-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING JOHN ADAMS HIGH SCHOOL MOCK TRIAL TEAM A/K/A THE “LEGAL EAGLES” FOR WINNING THE 2006 MOCK TRIAL STATE CHAMPIONSHIP Councilmember Roland Kelly, 1325 E. Wayne Street, 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 members of the John Adams High School Mock Trial Team a/k/a the “Legal Eagles.” 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. 1 REGULAR MEETING APRIL 10, 2006 Ms. Judith Overmyer, Program Organizer and sponsor, thanked the Council for this honor. Ms. Overmyer stated that this team is truly a hard working dedicated group of individuals. She stated that they are excellent role models for all students. She hopes to bring home a victory when the “Legal Eagles” represent the State of Indiana at the National High School Mock Trial Championship in Oklahoma City, Oklahoma in May. Councilmembers Puzzello, Kelly and Dieter offered comments and congratulated and wish the team well at the National Competition. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 3574-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE OVERALL INTENT OF THE ST. JOSEPH COUNTY ORDINANCE WHICH BANS SMOKING IN SPECIFIC PLACES WITH THE COUNCIL ENCOURAGING ALL PERSON TH TO EAT OUT ON MONDAY, APRIL 10 AS A SHOW OF SUPPORT OF SMOKE-FREE ENVIRONMENT IN RESTAURANT THROUGHOUT OUR COMMUNITY Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the St. Joseph County Council passed Bill No. 83-05 on February 14, 2006 by a 7-2 vote, with these regulations becoming effective on April 10, 2006; and Whereas, the Common Council notes in that county ordinance the National Cancer Institute was quoted as having determined that secondhand smoke is responsible for the early deaths of approximately 65,000 Americans each year; that secondhand smoke is particularly hazardous to the elderly, people with cardiovascular disease, impaired respiratory functions., asthmatics and children; and that the U.S. Surgeon General has determined that the separation of smokers and nonsmokers within the same air space may reduce but does not eliminate the exposure of nonsmokers to secondhand smoke; and Whereas, the Council notes that during the two (2) public meetings held by the St. Joseph County Council, with the first public hearing lasting over four (4) hours, there was much public debate with several business owners, and restaurant owners in particular, expressing concern that such a smoking ban would put them out of business; and Whereas, many positive initiatives are being carried out throughout St. Joseph County as a show of support to businesses affected by the St. Joseph County Clean Air Ordinance with one of them being the initiative of the Leadership South Bend/Mishawaka Class 32 Health Project Team supported by Town Air-Freight called “Take your family out to dinner” set for Monday, April 10, 2006”. 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 supports the overall intent of the St. Joseph County Clean Air Ordinance. Section II. As a show of support of cleaner air throughout our community, the South Take your family out to Bend Common Council urges families to participate in the “ dinner initiative on Monday, April 10, 2006 ”; and further encourages everyone to support restaurants operating throughout St. Joseph County thereafter, as we positively move forward in working toward a healthier community for all. 2 REGULAR MEETING APRIL 10, 2006 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 Councilmember Puzzello, 1247 E. LaSalle Avenue, 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 to Jerry Scott, member of the Leadership South Bend/Mishawaka Class 32 Health Project Team supported by Towne Air-Freight. 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. Jerry Scott, Towne Air-Freight, thanked the Council for this Resolution. Mr. Scott stated that he just left Bob Evans Restaurant in Roseland, Indiana, with his family in support of the “Take your family out to dinner initiative.” He stated that the restaurant was full and received positive feedback on the initiative. Additionally, Councilmembers Pfeifer, Kelly, Kirsits, and Dieter thanked Mr. Scott for his dedication and effort in the support of a smoke-free environment. Councilmember Pfeifer made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 3575-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES IN RECOGNIZING THE WEEK OF APRIL 10-16, 2006 AS A NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK Whereas, the Congress of the United States, and the President of the United States have established the second week of April as National Telecommnicators Week; and Whereas, as a corps of dedicated public safety telecommunicators serve the City of South Bend, and Whereas, National Telecommunicators Week has been observed in the United States since 1981; and Whereas, the City of South Bend considers the services of the public safety telecommunicators to be vital to the interest of the community; and Whereas, recognizing the services of the public safety telecommunicators is in the best interests and safety of the City of South Bend, we would like to publicly thank all of the telecommunicators for their dedication and experience that largely goes unnoticed. 3 REGULAR MEETING APRIL 10, 2006 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 would like to publicly thank all of the public telecommunicators for their hard work and diligence in helping to keep the City of South Bend a safer place. Section II. The Common Council also recognizes that although this is a “silent service”, it is a very important service and we appreciate all public safety telecommunicators. 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/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Derek Dieter, made the presentation for this Resolution, by first offering his comments and then reading the Resolution in its entirety and presenting it to members of the South Bend Police Department Telecommunicators Division. A Public Hearing was held on the Resolution at this time. Police Chief Thomas Fautz, 701 W. Sample Street, South Bend, Indiana, thanked the South Bend Police Department Telecommunicators Division for doing such a wonderful job. He stated that they are the people who first respond after a 911 call is made. It is the telecommunicators duties to relay the information from the phone to the police officer who will arrive at the scene. Chief Fautz stated that this is a very stressful job. They deal with life and death situations everyday. They are the life lines to the police officers. There was no one else present wishing to speak in favor of or in opposition to this Resolution. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. ANNOUNCEMENT OF CHANGE OF DATE/TIME FOR NEXT COUNCIL MEETING Council President Rouse advised that the next meeting of the Common Council will be th held on 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. Council President Rouse also stated that the Council Committee meetings will be held on Monday, April 24, 2006. He further noted that the times for those committee meeting will be announced at a later date. RESOLVE INTO THE COMMITTEE OF THE WHOLE 4 REGULAR MEETING APRIL 10, 2006 At 7:26 p.m., Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) 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. 63-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4528, 2536, 4626, 4606, & 4612 LAKE BLACKTHORN DRIVE, COUNCIL MANIC DISTRICT #1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kirsits, Vice-Chairperson, Zoning and Annexation Committee reported that this Committee met this afternoon and it was the consensus of the Committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. P.J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “SF 1” Single- Family and Two-Family Residential to “LB” Local Business to allow uses permitted under the “LB” Local Business Zoning District. On side is five undeveloped lots totaling 1.46 acres. To the north is a single-family subdivision, the Villas at Lake Blackthorn, zoned “SF-1” Single-Family and Two-Family Residential. To the east is the U.S. 31 on/off ramp to the south across Brick Road are industrial uses zoned “LI” Light Industrial. To the west is a single-family subdivision in the City zoned “SF1” Single- Family and Two Family, and office in the County zoned “O” Office, and a storage building zoned “C” Commercial in the County. The “LB” Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provides for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the “LB” District are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The site plan shows three buildings with a maximum of 10,235 square feet. As proposed, there is the need for extensive variances from the required buffer yards and setbacks on each side of the property. Residential buffer yards are required on the north and west and a 50 foot building setback is required on the east and south. Foundation landscaping is also required.The real estate office located on the west side of Lake Blackthorn Drive was rezoned “O” Office in the County in 1998. The storage building was rezoned “C” Commercial in the County in 2003. This petition was tabled by the petitioner in December 2004. Two driveways on Lake Blackthorn Drive are proposed as access to this site. Municipal water and sewer are available to the site. The staff recommends that the developer enter into written commitments that would allow only uses that would serve the nearby residential areas rather than act as destination commercial; that the northern area be used only for offices and that the buffer yard requirements be met; that access is approved by the City Engineer; that the open space- landscaping be increased from 21% to 30% and a minimum 15 deciduous shade trees be added to the site. The Comprehensive Plan neighborhood policy states that commercial uses should be located in such a manner that conflicts with residential uses are minimized. Goal 2, Objective C, Policy v: Automobile traffic generated by commercial uses should not travel through residential areas. This site is located at the entrance of a residential subdivision. The rezoning can be compatible with the Comprehensive Plan 5 REGULAR MEETING APRIL 10, 2006 neighborhood policies if the residential buffer yards are met, and the land uses do not become destination commercial for U.S. 31 commuters. The Land Use Plan does not designate a specific land use for this are. The site is directly adjacent to the by-pass on the east. There is light industrial zoning in the City south of Brick Road. There is an office and storage building to the west across Lake Blackthorn Drive. There is a single- family subdivision to the north. Due to this site’s proximity to the U.S. 31 bypass and Brick Road, it may make this area more difficult to develop as single-family residences. The most desirable uses are office and commercial land uses with minimal impact on the adjacent residential subdivision. The project as proposed my conserve the property values of the adjacent residential subdivision. It is responsible development and growth to rezone property adjacent to a residential subdivision with compatible land uses. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The “LB” Local Business rezoning is compatible with the western commercial and southern industrial zoning and land uses. This site may be more difficult to develop as residentially zoned because it is adjacent to the U.S. 31 bypass and Brick Road. The following commitments will ensure that the “LB” zone protects and serves the Villas of Lake Blackthorn and the surrounding area:1. only uses that would serve the nearby residential areas rather than act as destination commercial for U.S. 31 vehicle commuters; 2. the northern area would be used only for offices and that the buffer yard requirements be met; 3. the City Engineer approves the access; 4. the open space-landscaping be increased from 21% to 30% and a minimum 15 deciduous shade trees be added to the site. Mr. Steve Cooreman, 24545 Brick Road, South Bend Indiana, made the presentation for this bill. Mr. Cooreman advised that the rezoning is requested to allow the uses of a clothing service, educational center, food sales and service, governmental use, miscellaneous, Office/Professional Service, Personal Service, Public Facilities, Recreation, Residential, Retail, and the subcategories included with those categories under LB Local Business Zoning. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 04-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1201 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NUMBER 2 IN THE CITY OF SOUTH BEND, INDIANA 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. th Mr. P.J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “MU” Mixed Use to “SF2” Single-Family Residential to allow a single-family home. On site is an exiting single family home zoned “MU” Mixed Use. To the north is single family housing zoned “SF2” Single Family Residential. To the east is the Patch Barbershop zoned “MU” Mixed Use. To the south is single family housing zoned “SF2” Single Family Residential. To the west is a vacant building zoned “MU” Mixed Use. The 6 REGULAR MEETING APRIL 10, 2006 “SF2” Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend, as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The corner lot is approximately 10,000 square feet. A site plan is not required for single-family zoning. This site was previously zoned “B” Multifamily Residential district. The City Zoning Map, which became effective on May 7, 2004, designated the site for “MU” Mixed Use district. On November 28, 2005, the City Council denied the Catholic Workers located at 1126 West Washington Street a rezoning from “SF2” Single-Family Residential to “MF1” Multifamily (APC#2333-05.) In December 2005, a storefront located in the southwest corner of the lot was removed. West Washington Avenue has two lanes. Elm Street has two lanes made of cobblestone. There is an alley adjacent to the north property line. Municipal water and sewer are available to this site. The Comprehensive Plan: Policy Plan: Goal 3: Strengthen the neighborhoods of the County and its municipalities. Objective A: Promote the development and/or maintenance of community and neighborhood character. Policy ii. Ensure that infull residential development in older neighborhoods is consistent with the housing characteristics and physical fabric of the existing neighborhood. This rezoning is consistent with the Comprehensive Plan’s neighborhood policy. The Land Use Plan does not recommend this area for a specific use. The West Washington-Chapin Development Plan (1991) recommends the lot for medium density residential land use (APC#:1410-91) The rezoning is consistent with the plan, which is to shift land use to single family in order to strengthen the residential character of the neighborhood. The proposed “SF2” Single-Family District will be more conforming with the plan than “MU” Mixed Use District. The existing single-family house is located in a neighborhood with single family houses, apartments, and a local business. The most desirable land use is for single family residential. Rezoning this property to “SF2” Single-Family Residential District should conserve the surrounding residential property values. It is responsible development and growth to rezone this property in conformance with the West Washington-Chapin Plan (1991) Based on information available prior to the public hearing the staff recommends that this petition be sent to he Common Council with a favorable recommendation. The rezoning is consistent with the Comprehensive Plan neighborhood policy. It is also consistent with the West Washington-Chapin Plan (1991), which is to shift land use to single family in order to strengthen the residential character of the neighborhood. The rezoning would be an extension of the northern and southern “SF2” Single-Family Residential Districts. It is compatible with the surrounding single family houses. Ms. Charlotte Sobel, Director of Development and Special Projects, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that South Bend Heritage Foundation request this rezoning of 1201 West Washington Street from MU (Mixed Use) to SF 2. When the most recent revision of the zoning ordinance was enacted, the existing MU designation was continued for this property as a youth community center was meeting periodically in the commercial storefront attached to the form of this single family home. South Bend Heritage Foundation purchased this property last year with the intention of substantially rehabilitating the property for sale to a qualified low and/or moderate income family. The commercial storefront has been removed and the front wall of the house rebuilt. It is anticipated that the construction work will be completed within the next few month so that the home can be marketed. In order to allow private mortgage financing to be obtained, the property must be properly zoned. Therefore, South Bend Heritage Foundation is requesting that the property be rezoned SF 2, the predominant single family zoning category in the Near West Side Neighborhood so that an additional family can become a homeowner in the Near West Side Neighborhood. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 7 REGULAR MEETING APRIL 10, 2006 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. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 05-06 PUBLIC HEARING ON A BILL 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 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. th Mr. P.J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “SF2” Single and Two Family Residential to “O” Office to allow a museum. On site is the vacant Natatorium zoned “SF2” Single and Two Family Residential. To the north is the vacant Hansel Neighborhood Center which is pending rezoning from “SF2” to “O” Office, an apartment building zoned “MF1” Multifamily, and single family houses zoned “SF2” Single and Two Family Residential. To the east is a funeral home and single-family houses zoned “SF2” Single and Two Family Residential. To the south are single-family houses zoned “SF2” Single and Two Family Residential. To the west are single-family houses zoned “SF2” Single and Two Family Residential. The “O” Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The site plan shows two city lots totaling approximately 0.5 acres separated by an alley. The museum will be located on the eastern lot reusing the existing 2,000 square foot building with plans to expand it by 600 square feet. The rear pool shed will be removed. The future open space-landscaping on the museum lot will be 65%. The western lot will contain 18 parking spaces. Prior to August 13, 1991, this property was zoned “B” Multifamily Residential. However, with the passage of the West Washington-Chapin Development Area rezoning on August 13, 1991, the property was rezoned to “A” Single Family Residential. The 2004 City zoning map designated this property as “SF2” Single-Family. Washington is a two lane residential street at this location. The site will be served by municipal water and sanitary sewer. The building has been vacant for decades. The Comprehensive Plan: Policy Plan: Goal 3: Objective A: Policy I: Ensure that identifiable neighborhoods have adequate civic meeting space in community centers or equivalent facilities. Goal 3 Objective E: Policy v: Areas that are in poor condition and cannot be revitalized by private market activities only should be subject to renewal activities, including, but not limited to property acquisition and site assembly, environmental assessment and mitigation, infrastructure construction/reconstruction, etc. This rezoning is consistent with these Comprehensive Plan neighborhood policies. The petition area is not designated for any specific use by the Land Use Plan. According to the West Washington – Chapin Development Plan (1991), this area is designated for Single Family Residential. The area is currently a mix of single family and multifamily house. Because of the existing structure, the most desirable use is for a community oriented use such as a museum. The surrounding property values should be conserved with the museum reuse of the vacant building. It is responsible development and growth to rezone a vacant nonconforming building that is unlikely to develop under its current single-family zone. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. It is reasonable to rezone to an office zone a vacant nonconforming building that is unlikely to develop under its current single-family zone. The rezoning is consistent with the Comprehensive Plan neighborhood policies to 8 REGULAR MEETING APRIL 10, 2006 ensure community facilities specifically in areas that cannot be revitalized by private market activities. Ms. Charlotte Sobel, Director of Development and Special Projects, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that South Bend Heritage Foundation, acting as the representative for the Board of Public Works of the City of South Bend, the owners of the above cited properties, requests the rezoning of 1040 and 1102 West Washington Street, known as the Engman Natatorium and parking lot, from SF2 to O (Office). When the most recent revision of the zoning ordinance was enacted, the Engman Natatorium had been abandoned for almost 25 years. Discussions and plans were then being entertained to entirely demolish the Engman Natatorium and allow the land to revert to single family use. Therefore, the existing zoning of the Engman Natatorium properties is SF2. South Bend Heritage Foundation, the City of South Bend and Indiana University South Bend have been working together for approximately one year to plan for the adaptive reuse of the Engman Natatorium into the Civil Rights Heritage Center. The Engman Natatorium is the last remaining public building still in existence that represents the struggles of the African-American citizens of South Bend to have free and equal access to opportunities under the law. Therefore, the building itself is a significant piece of history and to have the materials of the Civil Rights Heritage Center, managed by Indian University South Bend, housed within the Engman Natatorium will make the experience even more meaningful to both those who formally study South Bend’s civil rights history and those who want to share in it. The City of South Bend, through it Redevelopment Commission, has authorized the expenditure of TIF (Tax Increment Financing) funds generated in the West Washington Redevelopment Area to support the necessary demolition of the pool area and the substantial rehabilitation of the dressing and changing rooms of the Engman Natatorium to allow the building to become the Civil Rights Heritage Center. South Bend Heritage Foundation has committed that it will fundraise privately for the funds necessary to complete the substantial rehabilitation. And, Indiana University South Bend has committed to managing the Civil Rights Heritage Center and housing the classes and activities within the Center that brings our social history alive to both its students and the greater South Bend Community.The rezonings requested will allow these activities to take place within the Engman Natatorium so that we can both teach the past and learn from it as well as honor those whose actions allowed use to be here today as one community under the law. 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. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 06-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1045 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 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. th Mr. P.J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. 9 REGULAR MEETING APRIL 10, 2006 Mr. Thuringer advised that the petitioner is requesting a zone change from “MF1” Urban Corridor Multifamily to “O” Office to allow an office. On site is the vacant Hansel Neighborhood Center zoned “MF1” Multifamily. To the north are single-family houses zoned “SF2” Single Family. To the east is an apartment building zoned “MF1” and single-family houses zoned “SF2” To the south is the vacant Natatorium and single- family houses zoned “SF2”. To the west is a vacant lot and single-family houses zoned “SF2” The “O” Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The site plan shows the existing two-story building covering 7,158 square feet or 21% of the 0.77 acre site. The property is accessed from Washington Street and the north alley. There are 25 parking spaces and pavement covers 34% of the site. Open space-landscaping covers 55% of the site. There is a brick-iron fence along the front property line and a six foot masonry wall along the north east, and west property lines. Prior to August 13, 1991, this property was zoned “b” Multifamily Residential. However, with the passage of the West Washington – Chapin Development Area rezoning on August 13, 1991, the property was rezoned to “A” Single Family Residential. The 2004 City zoning map designated the property “MF1” Multifamily District. In December 2005, the Common Council denied a petition to rezone the Catholic Worker property located at 1126 W. Washington from “SF2” Single-Family to “MF1” Multi-Family. Washington Street is a two lane residential street at this location. No traffic counts are available at this location. The site will be served by municipal water and sanitary sewer. The City Engineer noted that the alley must be paved if used for access. The petitioner has applied for variances to bring the non- conforming building structure into compliance with the “O” Office zoning standards. The Comprehensive Plan: Policy Plan: Goal 2 Objective C: Policy ii: Promote the upgrading, rejuvenation, and beautification of all functional, existing commercial centers. The rezoning is consistent with this Comprehensive Plan economic policy. The Land Use Plan does not recommend the area for a specific land use. The West Washington- Chapin Development Plan (1991) recommends the area for low density residential land use. The neighborhood is a mix of single and multi-family houses. The building is currently vacant. The most desirable use is office or multifamily use. The surrounding property values should be conserved with the office reuse of the vacant building. It is responsible development and growth to rezone a vacant nonconforming building that is unlikely to develop under its current multifamily zone. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. It is reasonable to rezone to an office zone a vacant nonconforming building that is unlikely to develop under its current multifamily zoning. The rezoning is consistent with the Comprehensive Plan economic policy to rejuvenate existing functional centers. The rezoning should not cause traffic congestion because there is access from West Washington Street, the north alley, as well as the availability of on and off street parking. An office use will probably have less impact in the neighborhood than if the property was converted to multi-family uses under the current zoning. Ms. Charlotte Sobel, Director of Development and Special Projects, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that the South Bend Heritage Foundation requests this rezoing of 1045 West Washington Street, known as the Hansel Neighborhood Center, from MF to O (Office). When the most recent revision of the zoning ordinance was enacted, Hansel Center was still in business at 1045 West Washington Street and no need was seen to rezone the property as their use of the property as their office was grandfathered in under the ordinance and MF was the zoning category that allowed office functions. Unfortunately, Hansel Center went out of business approximately 2 years ago and South Bend Heritage Foundation purchased the property from the Trustee for the Bankruptcy Court. Hansel Center was first built as the Children’s Dispensary, where free and reduced medical care was available to the City’s children who had no financial resources for medical care. Therefore, the historic use of the building has always been that of an office space function. After study and analysis, the highest and best use of the property is 10 REGULAR MEETING APRIL 10, 2006 O (Office) as the building is not easily convertible to a multifamily use due to the small size of the building’s structural bays. And, O (Office) is the traditional use of the property. The property is surrounded by a 6 foot high solid brick wall and so on-site parking and other ancillary exterior office uses will not be an intrusion into the surrounding neighborhood, which is zoned primarily SF2. South Bend Heritage Foundation has been discussing the potential sale of the building to Wightman Petrie Consulting Engineers and Land Surveyors for use as their offices. Whitman Petire has outgrown their present space and would like to remain in the Near West Side downtown area. Without this rezoning, Wightman Petrie will not be able to purchase the property and make improvements to this building. 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. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 09-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 929 LINCOLNWAY EAST, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kirsits, Vice-Chairperson, Zoning and Annexation Committee reported that this Committee met this afternoon and it was the consensus of the Committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. P.J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “O” Office to “CB” Community Business to allow an office, retail, wholesale, and warehouse. On the 1.173 acre site is a vacant building zoned “O” Office. To the north is the Eddy Street on- ramp. To the east is the St. Joseph River. To the south is Sign Designs which is zoned “LB” Local Business, and to the southwest is a heating and plumbing contractor business zoned “LI” Light Industrial. To the west is Quality Glass and a vacant building zoned “GB” General Business. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is located at the northeast corner of Lincolnway East and Eddy/Sample Streets. The building is 25 feet in height, and 6,200 square feet covering 12% of the site. Access to the site is from a southern driveway on Eddy Street. There are 28 existing parking spaces with the paved area covering 31% of the site. Landscape-open space covers 57% of the site. Prior to the adoption of the 2004 zoning map, this site was zoned “C” Commercial. Quality Glass located west across Lincolnway East was rezoned from “C” Commercial to “GB” General Business. Sign Designs located on the southeast corner of Lincolnway East and Sample Street was down zoned from “D” Light Industrial and “A” Residential to “LB” Local Business. The intersection of Lincolnway East, Sample Street, and Eddy Street is one of the busiest in South Bend. Over 19,000 vehicles per day pass a point east of Eddy Street on Lincolnway East. The Old Sample Street Bridge counted 6,576 vehicles per day in 2002. Municipal water and sanitary sewer serve the site. A rear setback variance will be needed for the existing deck. The Comprehensive Plan: Policy Plan Goal 2: Objective C: Policy ii: Promote the upgrading, 11 REGULAR MEETING APRIL 10, 2006 rejuvenation, and beautification of all functional, existing commercial centers. The rezoning is not in conflict with the Comprehensive economic policy. The Land Use Plan does not designate this area for a specific land use. The area is currently made up of light industrial and business uses. The most desirable use would be for office or commercial land uses that generate low traffic. The surrounding property values may be negatively affected with the rezoning if traffic congestion increases. It is irresponsible development and growth to allow a zoning classification that could exacerbate the traffic congestion at the intersection of Lincolnway East and Eddy/Sample Streets. Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. When the 2004 City Zoning Map was adopted, the majority of the properties located on the eastern side of Lincolnway East between Monroe Street and Miami Street were down zoned. Since this site if located at the congested intersection of Lincolnway East and Eddy/Sample Streets, it is better suited for low intensity uses such as office. It is also adjacent to the on-ramp. The “CB” Community Business District allows high traffic generators such as fast food restaurants and gas stations.The existing access driveway on Eddy Street is located near its intersection with Lincolnway East. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. 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 Kirsits made a motion to continue this bill until the April 27, 2006 meeting of the Council and send to the Health and Public Safety Committee on April 24, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 19-06 PUBLIC HEARING 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 Councilmember Puzzello made a motion to continue this bill until the April 27, 2006 meeting of the Council and send to the Utilities Committee on April 24, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 17-06 PUBLIC HEARING 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 12 REGULAR MEETING APRIL 10, 2006 Councilmember White, 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 no recommendation, due to the lack of a quorum. Ms. Pamela C. Meyer, Director, Community Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would allow for the appropriation of a Department of Justice Earmark grant awarded to the City of South Bend. These funds will be used for programming related to the Ceasefire program to be managed by the newly incorporated Ceasefire of South Bend, Inc. Ceasefire, a street outreach worker program, is an innovative strategy to reduce violence. The South Bend program has been designed after learning, training, and recognizing the success of the “Cease-Fire” program under the auspices of the Chicago Project for Violence Prevention. The main goals resulting from being proactive with youth, primarily between the ages of middle school and high school are to be able to intervene before a violent incident based on information learned by the outreach workers, and to respond at the time of an incident to lessen or mitigate retaliation and additional crime. This grant will cover the costs of two outreach workers, equipment, printing, and on call and incident response support for clergy. The City, Ceasefire of South Bend, Inc. and the Robinson Community Learning Center (RCLC) have been engaged in developing this broader community effort based on the initial effort begun by the RCLC. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Lynn Coleman, Assistant to the Mayor, 1400 County-City Building, South Bend, Indiana, spoke in favor of this bill. Mr. Coleman advised that he is in full support of this bill. Police Chief Thomas Fautz, 701 W. Sample Street, South Bend, Indiana, spoke in favor of this bill. Chief Fautz stated that Cease-fire is a tool to help the police in a pro-active manner. Ms. Nikki Lawson, President, Board of Directors “Cease-Fire” spoke in favor of this bill. She stated that in collaboration with police, clergy, and board members, individuals will be hired and trained over the first two months of the grant period to focus on different sectors of the City. The City will be subdivided into sectors with noted hot-spots within each identified with law enforcement, and with an ear to the ground among community level street organizations. The main goals resulting from being proactive with youth, primarily between the ages of middle school and high school are to intervene before a violent incident occurs. Ms. Trina Robinson, 914 Lincolnway West, South Bend, Indiana, spoke in favor of this bill. Ms. Robinson stated that “Cease-fire” is directed towards middle and high school children who are at risk and encourage them not to get involved in violence. Mr. Mark Dollinger, 2136 Berkley Place, South Bend, Indiana, stated that this appropriation would also for the insurance of the delivery of programs, projects and services through various agencies. There being no one else present wishing to speak to the Council in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. 13 REGULAR MEETING APRIL 10, 2006 BILL NO. 20-06 PUBLIC HEARING 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 Councilmember Dieter disclosed that he his a member of the South Bend Police Department and after further discussion with Council Attorney Kathleen Cekanski- Farrand, they determined that there is no conflict of interest. Councilmember White, 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 no recommendation, due to the lack of a quorum. Ms. Pamela C. Meyer, Director, Community Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would allow for the appropriation for the forth year of the Weed & Seed Department of Justice grant award for the period of October 1, 2005 to September 31, 2006. Fourth year funds are being used for programming related to the Weed & Seed required areas of Law Enforcement, Community Policing and Prevention, Intervention and Treatment activities which include Safe Havens. These activities build upon the past three years of funding and programming which include a supplemental appropriation specifically for program activities at the public housing site in LaSalle Park Homes. 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 Kelly made a motion for favorable recommendation to full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 21-06 PUBLIC HEARING 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 Councilmember Kirsits disclosed that he his a member of the South Bend Fire Department and after further discussion with Council Attorney Kathleen Cekanski- Farrand, they determined that there is no conflict of interest. Councilmember White, 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 no recommendation, due to the lack of a quorum. Battalion Fire Chief Greg Metzger, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Metzger advised that this bill would allow for an appropriation within the Indiana River Rescue Fund (291). Revenues are generated by the River Rescue Instructors teaching four (4) forty (40) hour classes each year to public safety officers throughout the country. The request for these schools continued to increase in 2005. They have conducted three schools in 2005 and 2006 and a fourth school has been scheduled. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 14 REGULAR MEETING APRIL 10, 2006 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. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 22-06 PUBLIC HEARING 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 Councilmember Kirsits disclosed that he his a member of the South Bend Fire Department and after further discussion with Council Attorney Kathleen Cekanski- Farrand, they determined that there is no conflict of interest. Councilmember White, 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 no recommendation, due to the lack of a quorum. Battalion Fire Chief Greg Metzger, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Metzger advised that this bill is requesting an appropriation within the Hazardous Material Fund (#289) Revenues generated by the team (when responding outside of the City limits) continue to be a great asset in defraying the expense for the operation of the team. 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. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) 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 Kirsits made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Ms. Pamela C. Meyer, Director, Community Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill was revised by County Surveyor John McNamara. He revised the legal description of the City of South Bend’s boundaries as of April 10, 2006, which is consistent with the City’s graphic information system (G.I.S.) City Engineer Carl Litterell as confirmed the match between Mr. McNamara’s legal description and the G.I.S. System. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 15 REGULAR MEETING APRIL 10, 2006 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 23-06 PUBLIC HEARING 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 Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kirsits, Chairperson, Utilities Committee reported that this Committee met this afternoon and it was the consensus of the Committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. Gary Gilot, Board of Public Works, 13 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this substitute Sewage Works Bond Ordinance has one change and that is in Section XXIII, where the ordinance number and date of adoption have been added. 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 as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by voice vote of seven (7) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED 16 REGULAR MEETING APRIL 10, 2006 Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:40 p.m. Council President Timothy A. Rouse presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9661-06 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, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, KENDALL WEISS, LLP, 21000 BLOCK, SOUTH SIDE OF KERN ROAD This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9662-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4528, 2536, 4626, 4606, & 4612 LAKE BLACKTHORN DRIVE, COUNCIL MANIC DISTRICT #1 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to consider the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes.Additionally Councilmember White made a motion to pass this bill as substituted. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9663-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1201 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NUMBER 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9664-06 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 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. 17 REGULAR MEETING APRIL 10, 2006 ORDINANCE NO. 9665-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1045 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9666-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 929 LINCOLNWAY EAST, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Additionally Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9667-06 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9668-06 AN ORDINANCE 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 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9669-06 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. 18 REGULAR MEETING APRIL 10, 2006 ORDINANCE NO. 9670-06 AN ORDINANCE 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 third reading. Councilmember White made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9671-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING THE BOUNDARIES OF THE CITY IN ANTICIPATION OF CITY PLAN This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Additionally Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9672-06 AN ORDINANCE 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 third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Additionally Councilmember Dieter made a motion to pass this bill as substituted. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3576-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DR. MARTIN LUTHER KING JR. DRIVE (A.K.A. CHAPIN STREET) AND LINCOLNWAY WEST, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, required 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 19 REGULAR MEETING APRIL 10, 2006 WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes it 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 5-14-1.505, requesting that a Special Exception be granted for the property located at: (SOUTHEAST CORNER OF DR. MARTIN LUTHER KING JR. DRIVE (A.K.A. CHAPIN STREET) AND LINCOLNWAY WEST, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow the construction and operation of a Public Fire Station facility on property presently zoned “MU” Mixed Use District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 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 f which is requested by the South Bend Municipal Code §21-09.03(i). 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/Timothy A. Rouse Member of the Common Council Councilmember Kirsits disclosed that he his a member of the South Bend Fire Department and after further discussion with Council Attorney Kathleen Cekanski- Farrand, they determined that there is no conflict of interest. Mr. Charles Bulot, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana 46601 20 REGULAR MEETING APRIL 10, 2006 Mr. Bulot advised that the petition for special exception is to allow a fire station in “MU” Mixed Use, on property located at the southeast corner of Dr. Martin Luther King Jr., Dr. and Lincolnway West. Zoning “MU” Mixed Use. Mr. Bulot stated that the Board of Zoning Appeals gave it a public hearing on March 16, 2006, and sends it to the Common Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, Inc. 1643 Commerce Drive, South Bend, Indiana, advised that the City of South Bend and the South Bend Heritage Foundation are seeking a special exception for property located at the Southeast corner of Dr. Martin Luther King Jr. Drive (a.k.a. Chapin Street) and Linconway West. This special exception will allow the construction and operation of a Public Fire Station facility. 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 Dieter made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of seven ayes. BILLS, FIRST READING BILL NO. 24-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SUB-PARAGRAPH (Q) ADDRESSING PROXY VOTING IN LIMITED CIRCUMSTANCES BY MEMBERS OF THE COMMON COUNCIL This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Council Rules Committee on April 24, 2006 and set it for Public Hearing and Third Reading on April 27, 2006. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 25-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 624 NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA, COUNCIL MANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR 21 REGULAR MEETING APRIL 10, 2006 COMMENTS CONCERNING THE AMENDMENT TO THE SOUTH BEND HUMAN RIGHTS COMMISSION CONCERNING GLBT Ms. Catherine Pittman, 2628 Summit Ridge, South Bend, Indiana, stated that she is a member of South Bend Equality. Ms. Pittman urged the Council to think about contributions to the community from people who are Gay, Lesbian, Bi-Sexual and Transgender, (GLBT) instead of focusing on their sexual orientation. She stated that members of the GLBT community are “co-workers, neighbors and friends:” who work in offices and factories and volunteer in churches and schools. Ms. Robin Beck, 501C3 100 Center, Mishawaka, Indiana, stated that she is the owner of Another Book Store, a GLBT resource center in Mishawaka. She stated that she hears horror stories every day from people who have been fired from their jobs or couldn’t get housing because of their sexual orientation.She further noted that including the GLBT rights in the ordinance will make South Bend a better place to live and work, attracting employers to this area. Ms. Beck advised that other cities such as Indianapolis and Lafayette already have adopted this language in to city codes. Ms. Mary Porter, 52081 Woodridge Drive, South Bend, Indiana, stated that the Council received a report on GLBT discrimination in employment, education, housing and public accommodations last April. Porter reminded the council about local interviews included in the report detailing specific incidents. She advised that a lesbian suffering from an asthma attack had trouble in the emergency room because her partner wasn’t allowed to give the attending nurse medical information. Porter said that in another case, a gay many was told to end his relationship with another man or risk losing his job. Ms. Porter stated that because South Bend does not prohibit such discrimination, he had no remedy. Ms. Rhonda Redman, 518 N. Scott Street, South Bend, Indiana, stated that the argument against the amendment is that it is unenforceable just doesn’t make sense. Ms. Redman stated that there are federal and state human rights codes for employment include sexual orientation and there have been no problems enforcing those rules. The Human Rights Commission and staff is experienced in investigating discrimination cases and would enforce the code. She noted that GLBT citizens should have a right to approach the Human Rights Commission with problems. Ms. Redman stated that you need to empower these citizens and to seek a remedy when they have been treated unfairly. Ms. Astrid Henry, 713 W. LaSalle, South Bend, Indiana, stated that she would like to see an Amendment to Article 9, of the South Bend Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in areas of employment, housing, education and public accommodations. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:12 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy A. Rouse, President 22