HomeMy WebLinkAbout01-24-05 Council Meeting Minutes
REGULAR MEETING JANUARY 24,2005
Be it remembered that the Common Council of the City of South Bend, Indiana met at
the Century Center in (Recital Hall) on Monday January 26, 2005, at 6:00 p.m. The
meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation
and Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
st
Present: Derek D. Dieter 1 District
nd
Charlotte Pfeifer 2 District President
rd
Roland Kelly 3 District Chairperson, Committee of the Whole
th
Ann Puzzello 4 District
th
David Varner 5 District
th
Ervin Kuspa 6 District
Timothy Rouse At-Large
Al “Buddy” Kirsits At-Large
Karen L. White At-Large Vice-President
OTHERS PRESENT:
Kathleen Cekanski-Farrand Council Attorney
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy
Janice I. Talboom Deputy City Clerk
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 January 10, 2005, meeting of the Council and found them to be
correct.
Therefore, we recommend the same be approved.
s/Charlotte D. Pfeifer
s/David Varner
Councilmember Kelly made a motion that the minutes of the January 10, 2005, meeting
of the Council be accepted and placed on file. Councilmember Puzzello seconded the
motion which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
RESOLUTION NO. 3410-05 AN RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, PUBLICLY
THANKING AND COMMENDING THE
OWNERS AND EMPLOYEES OF AN
OUTSTANDING SOUTH BEND
BUSINESS, CARL KAY MEMORIALS,
FOR THEIR MANY PHILANTHROPIC
DONATIONS OF TIME AND TALENT
TO COMMUNITY MONUMENTS
WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that
Carl M. Kay and his wife, Michelene, own and operate Carl Kay Memorials which is a
professional monument company located at 4105 South Michigan Street specializing in
custom designed monuments. Personalized granite and bronze memorials; and
WHEREAS, the Council recognizes that last Summer, Carl M. Kay and other business
leaders from our community met with officials from Czestochowa, Poland, South Bend’s
Sister City, to discuss business and investment opportunities in both cities; and
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REGULAR MEETING JANUARY 24,2005
WHEREAS, the Council acknowledges that the very dedicated owners and employees of
Carl Kay Memorials have donated countless hours of their time and materials in
sandblasting, etching, lettering, erecting and setting of fieldstones, as well as construction
labor for many community monuments, not only in South Bend, but many other
communities, such as:
*South Bend Firefighters Monument – dedicated on July 30, 2004*
*South Bend Police Monumemt – dedicated on November 14, 1997*
*10-year old Aaron Milewski’s Memorial Monument at Lincoln School, Mishawaka-June 2001*
*10-year old Evan Parker’s Memorial Monument in Alabama-2002*
*Quigley Neighborhood Park Fieldstone in South Bend*
*Helped establish the Marshall Memorial Garden, Marshall School, South Bend*
*Removed graffiti from Ten Commandments Monument, Main Street, South Bend-August 2001*
*Police Monuments from Elkhart dedicated on 11-20-02 & Mishawaka dedicated on 5-8-04*
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the
Common Council hereby publicly thanks and commends the owners and employees of
Carl Kay Memorials, and in particular Carl M. and Michelene Kay for their many acts of
kindness in donating countless hours of their professional time and materials so that
lasting community monuments could be established to honor those who have given so
much.
SECTION II. The South Bend Common Council, along with the Mayor, the South Bend
Fire Department and the South Bend Police Department are truly grateful for the
generosity of Carl M. and Michelene Kay for being truly kind and generous leaders of
our community, who have set a shining example for others to emulate for their many
philanthropic donations.
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/Derek D. Dieter, First District s/David Varner, Fifth District
s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District
s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large
s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large
s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand
ATTEST:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
Councilmember Al “Buddy” Kirsits, 722 Marquette Avenue, 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 Carl and Michelene Kay.
A Public Hearing was held on the Resolution at this time.
Tim Janowiak, South Bend Fire Department, 1222 S. Michigan Street, South Bend,
Indiana, thanked Carl and Michelene for all their time and hard work that they have
dedicated to the South Bend Fire Department. Mr. Janowiak advised that in the City of
South Bend eight (8) Firefighters have lost their lives in the line of duty and because of
Carl and Michelene’s concern and care their memory will never be forgotten.
Mr. Bernie Kish, Executive Director, College Football Hall of Fame, 111 S. St. Joseph
Street, South Bend, Indiana, thanked Carl and Michelene for their kindness in donating
countless hours of their professional time.
Mr. Tom Fautz, Chief of Police, 701 W. Sample Street, South Bend, Indiana, thanked
Carl and Michelene for donating their time and materials for the South Bend Police
Monument in front of the Newly remodeled Police Department.
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REGULAR MEETING JANUARY 24,2005
Mr. Steve Noonan, Secretary, Fraternal Order of Police #36, South Bend, Indiana
thanked Mr. “K” for donating the landscaping rock that goes over the graves of the Police
K-9 dogs.
There was no one else present wishing to speak to the Council either in favor of or in
opposition to this Resolution.
Carl and Michelene Kay thanked the Council for the honor of this Resolution. Mr. Kay
stated that this would not be possible if not for the loyalty and dedication of his family
and staff.
Councilmember Kelly made a motion to adopt this Resolution by acclamation.
Councilmember Varner seconded the motion which carried.
RESOLUTION 3411-05 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
PUBLICLY COMMENDING THE 2004
UNIVERSITY OF NOTRE DAME WOMEN’S
SOCCER TEAM FOR WINNING THE NCAA
WOMEN’S NATIONAL TITLE
Whereas, the Common Council of the City of South Bend, Indiana, is proud to
recognize that the University of Notre Dame 2004 Women’s Soccer Team won the
NCAA National Title in a shootout victory over UCLA on December 5, 2004; and
Whereas, the Council notes that the University of Notre Dame Women’s Soccer
nd
Team finished the season 25-1-1, thus reaching the 24-win mark for the 2 time in the
University’s history, with the 1996 Women’s Soccer Team finishing 24-2-0; and
Whereas, the South Bend Common Council recognizes each of the players and
coaches of the University of Notre Dame Championship Women’s Soccer Team, namely:
# 1 Erika Bohn #12 Ashley Jones #29 Kelly Simon
#10 Mary Boland # 6 Lauren Karas #17 Melissa Tancredi
# 9 Jen Buczkowski #24 Jill Krivacek # 7 Katie Thorlakson
# 8 Candace Chapman # 4 Kim Lorenzen # 3 Jannica Tjeder
# 5 Amanda Cinalli #13 Maggie Manning # 20 Kate Tulisiak
#28 Miranda Ford #26 Amber McMillin #16 Becky Tweneboah
#21 Claire Gallerano #27 Susan Pinnick #14 Jenny Walz
# 2 Gudrun Gunnarsdottir #15 Lizzie Reed # 0 Nikki Westfall
#19 Sarah Halpenny #11 Annie Schefter Randy Waldrum, Head Coach
#25 Kerri Hanks #30 Randi Scheller Alvin Alexander, Asst. Coach
#23 Molly Iarocci #18 Christie Shaner Dawn Greathouse, Asst. Coach
Now, Therefore, be it resolved, by the Common Council of the City of South
Bend, Indiana, as follows:
Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the
Common Council hereby congratulates each and every member of the 2004 University of
Notre Dame Women’s Soccer Team for winning the NCAA National Title.
Section II. The South Bend Common Council believes that the hard-work,
discipline, dedication, both on the soccer field and in the class room of each member of
the 2004 University of Notre Dame Women’s Soccer Team has enabled each team
member to be an excellent role model for all students throughout our country; and each
team member has brought the highest of honors to themselves, their family and friends,
the University of Notre Dame and all of the residents of the City of South Bend, Indiana.
Section III . This Resolution shall be in full force and effect from and after its
adoption by the Council and approval by the Mayor.
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REGULAR MEETING JANUARY 24,2005
s/Derek D. Dieter, First District s/David Varner, Fifth District
s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District
s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large
s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large
s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand
ATTEST:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
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 to the members of the Notre Dame Women’s
Soccer Team.
A Public Hearing was held on the Resolution at this time.
Randy Waldrum, Head Coach, University of Notre Dame Women’s Soccer Team,
thanked the Council for the honor of this Resolution. He noted that these women not
only won the 2004 NCAA Women’s National Soccer Title but also maintained and
average GPA of 3.4.
Councilmember Varner made a motion to adopt this Resolution by acclamation.
Councilmember White seconded the motion which carried.
RESOLUTION NO. 3412-05 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, PUBLICLY
COMMENDING SOUTH BEND FIRE
CHIEF ROBERT X. QUINN III FOR HIS
NEARLY 35 YEARS OF DEDICATED
SERVICE TO THE CITY OF SOUTH
BEND, INDIANA
Whereas, the Common Council of the City of South Bend, Indiana, recognizes that Fire
Chief Robert X. Quinn III will soon be retiring from the South Bend Fire Department
after approximately thirty-four (34) years and ten months of dedicated fire service; and
Whereas, the Council recognizes that Chief Quinn began as a South Bend Firefighter on
May 25, 1970, a position he held until his promotion to Battalion Chief on February 22,
1980; he was then promoted to Assistant Chief of Operations on February 17, 1992, a
position which he held until his promotion by Mayor Luecke to Fire Chief on May 5,
2004; and
Whereas, Chief Quinn has provided very capable leadership in overseeing the South
Bend Fire Department which is currently composed of 248 hard-working sworn
firefighters and 7 non-sworn members, with a total Fire Department budget for personnel,
capital and pension trusts funds of $25,176,895, while also maintaining twelve (12) fire
stations throughout the city.
NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the
Common Council hereby publicly thanks and commends Fire Chief Robert X. Quinn III
for his 34 years and ten months of dedicated public service on the South Bend Fire
Department.
Section II. The South Bend Common Council wishes Chief Quinn and his wife, Connie,
many years of camping, fishing and traveling adventures as they enjoy great times
together with their children and grandchildren.
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REGULAR MEETING JANUARY 24,2005
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/Derek D. Dieter, First District s/David Varner, Fifth District
s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District
s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large
s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large
s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand
ATTEST:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
Councilmember Ervin Kuspa, 434 South Liberty Street, South Bend, Indiana, made the
presentation for this Resolution by reading it in its entirety, offering his comments and
presenting it to Fire Chief Robert X. Quinn, III.
A Public Hearing was held on the Resolution at this time.
Councilmember Al “Buddy” Kirsits stated that he was a rookie 25 years ago and that Bob
Quinn was his first Battalion Chief. Councilmember Kirsits further noted that it was an
honor and a privilege to work with Chief Quinn and wishes him all the very best in his
retirement.
Luther Taylor, 2529 Gordon Circle, South Bend, Indiana, thanked Bob for all his years of
dedicated and loyal service to the South Bend Fire Department. Mr. Taylor wished him
many happy years in his retirement.
There was no one else present wishing to speak to the Council either in favor of or in
opposition to this Resolution.
Councilmember Kelly made a motion to adopt this Resolution by acclamation.
Councilmember Varner seconded the motion which carried.
Chief Robert Quinn thanked the Council for the honor of this Resolution. He stated that
it has been an honor and a privilege to work with the Council, City Administration &
Departments, and the Residents of the City of South Bend.
RESOLUTION NO. 3413-05 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, PUBLICLY
COMMENDING SOUTH BEND CITY
CONTROLLER FREDERICK B. OLLETT,
III FOR HIS DEDICATED SERVICE TO
THE CITY OF SOUTH BEND, INDIANA
Whereas, the Common Council of the City of South Bend, Indiana, recognizes that on
st
the 31 day of October, 2001, Mayor Stephen J. Luecke appointed Frederick “Rick” B.
Ollett, III to be the City Controller of South Bend, Indiana; and
Whereas, the Council recognizes that the Administration and Finance Department, under
Mr. Ollett’s leadership, again receivedin January of 2004, the “Certificate of
Achievement in Financial Reporting” award which is issued by the Governmental
Finance Officers Association (GFOA) and is the highest form of recognition in
governmental accounting and financial reporting; and
Whereas, Mr. Ollett has been an instrumental leader in advancing Mayor Luecke’s theme
We’re Building South Bend”
of “, by developing budgets which have been fiscally sound
and dedicated to building strong neighborhoods, building a safe city, building an
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REGULAR MEETING JANUARY 24,2005
attractive city, building opportunity and building a strong economy as he meticulously
oversees a 2005 operating budget for the general fund, special revenue funds, internal
service funds, capital/debt service funds, trust/agency funds, and enterprise funds totally
$155,346,244.
Now, Therefore, be it resolved, by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the
Common Council hereby publicly thanks and commends City Controller Frederick B.
Ollett, IIIfor his dedicated public service in overseeing the City of South Bend’s finances
since October 31, 2001 & for providing excellent financial input to the Common Council
and especially to the Council’s Personnel and Finance Committee for the past several
years, while maintaining the City’s AA bond rating from Standard & Poor’s.
Section II. The South Bend Common Council sincerely wishes Rick Ollet, his wife,
Ellen, and their entire family continued success as they embark on new and exciting
adventures at Culver Academies in the years ahead.
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/Derek D. Dieter, First District s/David Varner, Fifth District
s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District
s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large
s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large
s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand
ATTEST:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
Council President Charlotte D. Pfeifer, 1013 W. Washington Street, South Bend, Indiana
made the presentation for this Resolution by reading it in its entirety and offering her
comments. Mr. Ollett was not present at this time to accept this Resolution.
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 Varner made a motion to adopt this Resolution by acclamation.
Councilmember Kuspa seconded the motion which carried.
RESOLUTION NO. 3414-05 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, PUBLICLY
COMMENDING CAPTAIN JOSEPH
MARKOVICH FOR HIS 40 YEARS OF
DEDICATED SERVICE ON THE SOUTH
BEND POLICE DEPARTMENT
Whereas, the Common Council of the City of South Bend, Indiana, is proud to
recognize that Captain Joseph Markovich will soon be retiring from the South Bend
Police Department, after forty (40) years of dedicated police service; and
Whereas, the Council recognizes that Joseph Markovich began his career on the
South Bend Police Department as a Patrolman on April 5, 1965; he then served as a
Corporal until his promotion to the rank of Sergeant on November 14, 1981; was then
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REGULAR MEETING JANUARY 24,2005
promoted to be a Lieutenant on July 8, 1998; and was most recently promoted under
Police Chief Larry Bennett to the rank of Captain, a rank he has held since April 20,
2001; and
Whereas, Captain Joe Markovich is widely known to have an excellent work ethic
and prides himself on his attention to detail; while being an excellent accident
investigator and is fondly remembered by his fellow police officers and members of the
public as always being very kind, good-hearted and jovial; and
Whereas, in addition to his many other police duties, Captain Markovich was a
Park Police Captain from 1997-1998; & perhaps is best known for his many years of
service organizing & coordinating traffic details for the Notre Dame football games, the
Ethnic Festivals, Summer in the City, parades, marathons & special events taking place
in the city.
NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the
Common Council hereby publicly thanks and commends Captain Joe Markovichfor his
40 years of dedicated public service on the South Bend Police Department.
Section II. The South Bend Common Council wishes Captain Joe Markovichand
his wife, Cheryl, many years of great fishing adventures in New Buffalo as they enjoy
fun-times together with their children and grandchildren.
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/Derek D. Dieter, First District s/David Varner, Fifth District
s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District
s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large
s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large
s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand
ATTEST:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
Councilmember Derek Dieter, 1135 Portage Avenue, South Bend, Indiana, made the
presentation for this Resolution by reading it in its entirety, offering his comments and
presenting it to Captain Markovich. Councilmember Dieter also presented Captain
Markovich with a framed picture.
A Public Hearing was held on the Resolution at this time.
Tom Fautz, Chief, South Bend Police Department, 701 W. Sample Street, South Bend,
Indiana commended Captain Markovich for his 40 years of dedicated service to the South
Bend Police Department. Chief Fautz stated that Joe would take the new officers under
his wing to guide and lead them. Chief Fautz commended Captain Markovich and
wished him many happy years during his retirement.
Phil St. Clair, Superintendent, Parks & Recreation, 321 E. Walter Street, South Bend,
Indiana, thanked Captain Markovich for his dedication and commitment to the South
Bend Park Department. He stated that Captain Markovich provided outstanding service
to the Park Department during events throughout the years. He wished him the best of
luck.
There was no one else present wishing to speak to the Council either in favor of or in
opposition to this Resolution.
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REGULAR MEETING JANUARY 24,2005
Councilmember Kirsits made a motion to adopt this Resolution by acclamation.
Councilmember Varner seconded the motion which carried.
Captain Markovich thanked the Council for the honor of this Resolution. Captain
Markovich stated a lot of things have changed in 40 years.He stated that he could not
have done it without the encouragement from his wonderful family. Captain Markovich
stated that he enjoyed working the midnight shift and traffic division because he could
help so many people. He plans to spend time with his family on his boat in St. Joseph,
Michigan.
RESOLUTION NO. 3415-05 AN RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, PUBLICLY
COMMENDING KAREN L. WHITE FOR
HER DEDICATED SERVICE AS
COMMON COUNCIL PRESIDENT IN
2003 AND 2004.
Whereas, the Common Council of the City of South Bend, Indiana, proudly
acknowledges that Council Member At Large Karen L. White served with distinction as
Common Council President for calendar years 2003 and 2004; and
Whereas, the Council notes that under Council President White’s leadership,
several key initiatives took place, some of which included:
Began “Council Updates” under the “Special Business” portion of a Common
Council meeting where each Council Member provides information so that the entire
Council may follow progress;
st
The 1 Common Council Retreat was held at IU South Bend to discuss and
formulate long-range goals and to discuss the overall operations of the Council;
rd
Re-established the 3 Wednesday of each month for meetings with Department
heads;
Provided leadership for successful labor negotiations with the South Bend Fire
Department;
Re-instituted the Council Brochure as a source of sharing key information with
neighborhood groups and associations and the public at large; and
Established a new way to conjugate the word “strike”!
Whereas, the South Bend Common Council recognizes that Karen L. White’s
kind and positive attitude during her Council Presidency helped further the overall goals
of the Council’s Mission Statement, which are:
“To make certain that our City government is always responsive to the needs of our
residents and that the betterment of South Bend is always our highest priority”.
NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the
Common Council hereby publicly commends and sincerelythanks Council Member At
Large Karen L. White for her two (2) years of exemplary leadership as President of the
South Bend Common Council in calendar years 2003 and 2004.
Section II. The South Bend Common Council looks forward to working closely
with Council Member At Large Karen L. White as we work together with Mayor Stephen
J. Luecke and the entire City Administration on projects and initiatives which promote
and enhance the quality of life for all citizens of our great city in striving to be a world-
st
class 21 Century City.
Section III . This Resolution shall be in full force and effect from and after its
adoption by the Council and approval by the Mayor.
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REGULAR MEETING JANUARY 24,2005
s/Derek D. Dieter, First District s/David Varner, Fifth District
s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District
s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large
s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large
s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand
ATTEST:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
Councilmember Roland Kelly, 1325 E. Wayne Street, South Bend, Indiana, made the
presentation for this Resolution by reading it in its entirety, offering his comments and
presenting it to Councilmember White.
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.
Council Member Kelly made a motion to adopt this Resolution by acclamation.
Councilmember Varner seconded the motion which carried.
Councilmember White thanked the Council and stated that it was an honor and privilege
to serve with them. She further stated that she believes that the goals of the Council are
to enhance communication and maintain integrity.
RESOLUTION NO. 3416-05 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, COMMENDING SEAN
COLEMAN FOR HIS SEVENTEEN
YEARS OF DEDICATED SERVICE AS A
COMMON COUNCIL MEMBER
WHEREAS, The City of South Bend by its Common Council is proud to honor At Large
Council Member Sean Coleman for his seventeen years of outstanding representation of
the citizens of South Bend; and
WHEREAS, Council Member Coleman has demonstrated vision, leadership,
determination and commitment to South Bend’s growth and development as proponent of
numerous building and enhancement projects of the City including the Studebaker
Corridor Bond Drive; Wastewater Treatment and Water Works facilities improvements;
the enactment of EDIT and COIT for revenue enhancement; authorship of the residential
tax abatement ordinance; the new municipal services facility, the new Fire Department
headquarters; the renovated and expanded Police Department headquarters; the new Park
Department headquarters and maintenance facility; the new Studebaker Museum; the
Blackthorn Office and Industrial Park; the Erskine Village project; the Morris Performing
Arts Center renovation; the Belleville Softball Complex; the O’Brien Skate Park; the
College Football Hall of Fame; and the Century Center renovation; and
WHEREAS, the Common Council and the citizens of South Bend recognize that Council
Member Coleman has exercised prominent leadership on the Common Council
characterized by wisdom, insight, good humor, and a tireless devotion to the City of
South Bend and its citizens as Past Council President and Vice-President; Past
Committee Chair of the Committee of the Whole, and of the Personnel and Finance
Committee, of the Community and Economic Development Committee, and of the Parks,
Arts, Recreation and Culture Committee; and
WHEREAS, positions of leadership have been undertaken by Council Member Coleman
on numerous City Boards and Commissions, always with commitment, energy and
positive outlook, including his chairing of the St. Joseph County Salmon Run Committee;
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REGULAR MEETING JANUARY 24,2005
the Portage Avenue Steering Committee; the Solid Waste Management District; and the
City’s United Way Campaign; and
WHEREAS, the Project Future Board, the Century Center Board, the Area Plan
Commission, the Morris, Inc. Board, the East Waterway Committee, and the St. Joseph
county Parks Merger Committee have all benefited from Council Member Coleman’s
active participation as a member; and
WHEREAS, Council Member Coleman has contributed to the City’s significant
seventeen year history of successful Police, Fire and Teamsters Labor negotiations; and
WHEREAS, the City of South Bend has benefited from Council Member Coleman’s
attentiveness, concern, and responsiveness to the needs and requests of the many citizens
who have sought Mr. Coleman’s assistance; and
WHEREAS, the City of South Bend has prospered and thrived during the seventeen years
that Council Member Coleman has served on the Common Council.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. On behalf of all of the citizens of South Bend, Indiana, the Common
Council hereby publicly honors At Large Council Member Sean Coleman for his
seventeen years of dedicated service and leadership to the City of South Bend and all its
residents.
Section II. The Common Council commends At Large Council Member Sean Coleman
for his numerous, outstanding contributions to the South Bend Community, and wishes
him great success in his newly elected position as St. Joseph County Treasurer, and
wishes the very best to Sean’s wife Kate and to their daughter Maggie.
Section III. This Resolution shall be full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
s/Derek D. Dieter, First District s/David Varner, Fifth District
s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District
s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large
s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large
s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand
ATTEST:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
Councilmember Pfeifer and Mayor Stephen Luecke made the presentation for this
Resolution by offering their comments and then reading the Resolution in its entirety.
Mr. Coleman was not present to receive this Resolution.
A Public Hearing was held on the Resolution at this time.
Additionally, Councilmembers Kelly and Pfeifer offered comments and thanked
Councilmember Coleman for his years of service on the Council.
Councilmember Puzzello made a motion to adopt this Resolution by acclamation.
Councilmember White seconded the motion which carried.
ANNOUNCEMENT OF THE PRIZE WINNERS OF THE FIRST ANNUAL SOUTH
BEND CZESTOCHOWA HALINA POETRY CONTEST
Mayor Luecke announced the City of South Bend’s first annual Halina Poetry Prize
winners. The Halina Poetry Prize, a poetry contest for high school students, was
designed to showcase area students’ literary talent and to honor South Bend’s City,
Czestochowa, Poland. Mayor Luecke stated that the contest has been a great success. A
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REGULAR MEETING JANUARY 24,2005
total of 244 entries were received from students from seven South Bend pubic, private
and parochial high schools. The top prize, the Halina Award, was given to Amber
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Eslinger, a 10 grader and participant in Riley High School’s creative writing program.
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First Place was awarded to Teshaun Massey, 12 grade, of Clay High School, Nausheen
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Shaikh, 12 grade, of Clay, Ashley Petersen 10 grade, of Riley and Lauren LaPierre,
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12 grade of Riley. The top 20 poems in each age category have also been selected for
inclusion in the 2005 Halina Poetry Prize Chapbook. The Mayor thanked the sponsors of
the 2004-2005 Halina Poetry Prize contest for their generosity. Sponsors include the
University of Notre Dame Nanovic Insitute for European Studies, Indiana University
South Bend International Programs Fund, the Public Education Foundation, Chopin Fine
Arts Club and Erasmus Books. Mayor Luecke thanked the members of the Halina Poetry
Prize Committee: Dr. Gabrielle Robinson, Committee Chair, IUSB International
Programs; Mike Amato, No Exit magazine; Nancy Botkin, IUSB English Department;
Conrad Damian, Washington High School; Jacquee Dickey, Representative of Studio Art
Classes; Howard Dukes, South Bend Tribune; Mary Sue Freitag, Chopin Fine ArtsClub;
Bonny Hoover, Clay High School; Patricia Jones, South Bend Area Music Teacher’s
Association; Ken Peczkowski, Griffon Bookstore. Mayor Luecke advised that the Halina
Poetry Prize contest was created to help build and strengthen the connection area youth
feel to our Sister City, Czestochowa and to encourage their participation in the arts. The
Halina Poetry Prize was named in honor of Halina Poswiatowska who was born in
Czestochowa on May 9, 1935. She wrote poetry from a young age and published three
volumes before her death at the age of 32. Her poetry is still high regarded in Poland.
Mayor Luecke stated that the second annual Halina Poetry Prize contest will be launched
at the start of the 2005-2006 school year.
MAYOR’S STATE OF THE CITY ADDRESS
From 7:00 p.m. to 8:15 p.m. Mayor Stephen J. Luecke presented to the Council the
annual State of the City address. A written copy of the Mayor’s address is available in
the City Clerk’s office and on the official City of South Bend website.
RECESS
Councilmember Pfeifer made a motion for a five (5) minutes recess following the
Mayor’s presentation. Councilmember White seconded the motion which carried.
ANNOUNCEMENT TO ACCEPT THE FORMAL FILING OF THE 2005 STANDING
COMMITTEE MEMBERS OF THE SOUTH BEND COMMON COUNCIL
Councilmember Varner made a motion to accept the formal filing of the 2005 Standing
Committee Members of the South Bend Common Council. Councilmember Dieter
seconded the motion, which carried by a voice vote of nine (9) ayes.
2005 COMMON COUNCIL STANDING COMMITTEES
COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE
Ann Puzzello, Chairperson Al “Buddy” Kirsits
Roland Kelly, Vice-Chairperson Ervin Kuspa, Member
COMMUNITY RELATIONS COMMITTEE
Karen L. White, Chairperson Dr. David Varner, Member
Roland Kelly, Vice-Chairperson Ann Puzzello, Member
COUNCIL RULES COMMITTEE
Charlotte D. Pfeifer, Chairperson Karen L. White, Member
Dr. David Varner, Vice-Chairperson
HEALTH AND PUBLIC SAFETY COMMITTEE
Karen L. White, Chairperson Dr. David Varner, Member
Ervin Kuspa, Vice-Chairperson Timothy Rouse, Member
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REGULAR MEETING JANUARY 24,2005
INFORMATION AND TECHNOLOGY COMMITTEE
Dr. David Varner, Chairperson Derek D. Dieter, Member
Timothy Rouse, Vice-Chairperson Roland Kelly, Member
PARC COMMITTEE
Derek D. Dieter, Chairperson Al “Buddy” Kirsits, Member
Ann Puzzello, Vice-Chairperson Roland Kelly, Member
PERSONNEL AND FINANCE COMMITTEE
Roland Kelly, Chairperson Ervin Kuspa, Member
Dr. David Varner, Vice-Chairperson Karen L. White, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Dr. David Varner, Chairperson Timothy Rouse, Member
Karen L. White, Vice-Chairperson Ann Puzzello, Member
RESIDENTIAL NEIGHBORHOOD COMMITTEE
Timothy Rouse, Chairperson Karen L. White, Member
Derek D. Dieter, Vice-Chairperson Al “Buddy” Kirsits, Member
UTILITIES COMMITTEE
Al “Buddy” Kirsits, Chairperson Ann Puzzello, Member
Timothy Rouse, Vice-Chairperson Ervin Kuspa, Member
ZONING AND ANNEXATION COMMITTEE
Ervin Kuspa, Chairperson Derek D. Dieter, Member
Al “Buddy” Kirsits, Vice-Chairperson Timothy Rouse
SUB-COMMITTEE ON MINUTES
Charlotte D. Pfeifer, Chairperson
Dr. David Varner, Vice-Chairperson
ANNOUNCEMENT OF REAPPOINTMENT TO THE HUMAN RIGHTS
COMMISSION
President Pfeifer announced the reappointment of Ms. Bernice Freeman to the Human
Rights Commission
ANNOUNCEMENT OF REAPPOINTMENT TO THE HISTORIC PRESERVATION
COMMISSION
President Pfeifer announced the reappointment of Ms. Lynn Patrick to the Historic
Preservation Commission
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 8:30 p.m. Councilmember Kuspa made a motion to resolve into the Committee of the
Whole. Councilmember Varner seconded the motion which carried by a voice vote of
nine (9) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding.
Councilmember Kelly noted that this is the portion of the meeting in which members of
the Council meet as the Committee of the Whole in order to hear presentations and public
comment on bills that are presented for ordinance consideration. Each bill that will be
heard tonight will have a Public Hearing and after the hearing on each bill, the committee
will vote on the disposition of the bill, which typically is sent to the full Council with
either a favorable or an unfavorable recommendation. He noted that the South Bend
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REGULAR MEETING JANUARY 24,2005
Municipal code requires that the Chairperson describe the procedure for the hearings.
The Committee operates in accord with the Council Rules and Procedures and Roberts
Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the
Parliamentarian. The procedure for the Public Hearing for each bill is conducted as
follows:
1. The title of the bill is read by the City Clerk.
2. Reports are presented from the pertinent Common Council Committee and/or the
Area Plan Commission.
3. A formal presentation in favor of the bill, which is not subject to a time limit, is
heard.
4. Comments are heard from members of the public who wish to speak in favor of
the bill. each such member is limited to five (5) minutes for his/her presentation
and must begin by stating his/her name and residential address.
5. Any formal presentation against the bill or Resolution which is not subject to a
time limitation is heard.
6. Comments are heard from any members of the public wishing to speak against the
bill. Each member of the public speaking against the bill is limited to five (5)
minutes for his/her presentation and must also begin by stating his/her name and
residential address. With respect to those individuals speaking against, the total
time for comments by members of the public speaking against the bill is the
amount of time that was used by those speaking in favor of the bill or thirty (30)
minutes whichever is greater.
7. A five (5) minute rebuttal period is allowed for the persons who gave the formal
presentation in favor of the bill after which the public portion of the hearing is
closed.
Finally, the Council portion of the hearing takes place in which members will
discuss the bill and vote on its disposition.
PUBLIC HEARINGS
BILL NO. 68-04 PUBLIC HEARING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY LOCATED
AT 140 NORTH MEADE STREET COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Kuspa, Chairperson, Zoning & Annexation 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.
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Mr. Andy Videkovich, Staff Member, Area Plan Commission, 11 Floor County-City
Building, South Bend, Indiana, presented the report from the Area Plan Commission.
Mr. Videkovich advised that the petitioner is requesting a zone change from “GB”
General Business to “LB” Local Business. He stated that the uses allowed under “LB”
Local Business are less intense than what could potentially locate at this site under the
“GB” General Business District. Given this site’s location adjacent to a railroad and
industrial uses, the Local Business zoning on this site can act as a buffer between the
more intense uses and the residential areas.Mr. Videkovich stated that this petition does
not conflict with the Comprehensive Plan and that the comprehensive plan promotes the
development of adequate civic and community facilities and that promoting development
in the existing service boundaries is also encouraged. The current conditions and
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REGULAR MEETING JANUARY 24,2005
character of North Meade Street is primarily a residential street. There are railroad tracks
to the north and industrial uses to the east of this site. The residential neighborhood is
located to the south and west of the petition area. The most desirable use due to the
proximity of this site to active railroad tracks and industrial uses, this site if best suited
for business or office uses. Any such use will buffer the neighborhood from the more
intense uses to the north and east. A church can serve the same purpose. Conservation of
property values down-zone this property from “GB” General Business to “LB” Local
Business may not have an adverse impact on property values. The permitted uses in
“LB” Local Business are less intense than those that could currently locate on this site.
The proposed use is also less intense than the previous use of the site. Responsible
development and growth since this site is adjacent to a railroad and industrial uses, it is
unlikely that this site would be developed for single-family uses. Down-zoning to a less
intense business classification will allow less intense uses that the “GB” District. 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.
Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend,
Indiana, made the presentation for this bill.
Mr. Feeney advised that the petitioner is requested a zone change from “GB” General
Business District to “LB” Local Business District to allow for a Church.
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 Varner made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Puzzello seconded
the motion which carried by a voice vote nine (9) ayes.
BILL NO. 82-04 PUBLIC HEARING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY LOCATED
AT 3055 E. EDISON RD., COUNCILMANIC DISTRICT
#4, IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Kuspa made a motion to hear the substitute version of this bill.
Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this
committee met on this bill this afternoon and voted to send it to the full Council with a
favorable recommendation.
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Mr. Andy Videkovich, Staff Member, Area Plan Commission, 11 Floor County-City
Building, South Bend, Indiana, presented the report from the Area Plan Commission.
Mr. Videkovich advised that the substitute bill will allow for the following change to be
made in Section I. to read “is hereby established as “LB” Local Business District.” Mr.
Videkovich further advised that the petitioner is requesting a zone change from “SF1”
Single-Family Residential to “LB” Local Business, property located at 3055 E. Edison
Road. This petition is in conflict with the Comprehensive Plan. Goal 2, Objective B
states that employement uses should be located in such a manner that conflicts with
residential land uses are minimized. Objective C, Policy x of the same Goal encourages
clustering future commercial growth in South Bend. “Strip commercial development will
no longer be an acceptable development option (for South Bend).” The proposed use is
not adjacent to any existing commercial nodes nor at a major intersection. The Land Use
Plan focuses future growth areas along the S.R. 23 corridor in South Bend, and along the
Grape Road/Main Street corridors in Mishawaka. Although Edison Road experiences
higher levels of traffic, the residential areas in this location (whether single- or multi-
family) are established. Commercial development has stayed at the major intersections
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REGULAR MEETING JANUARY 24,2005
of Hickory and Ironwood Roads. There are numerous other residences that have access
directly onto Edison Road. In the staff’s opinion, the most desirable use for this site is
for it to remain as a residential use. Introducing a commercial use into a residential area
may have a negative impact on the adjacent property values. The commercial centers in
this area are already established. Future commercial growth should be encouraged in and
around these centers. It is not responsible to introduce a commercial use into a residential
area. Based on information available prior to the public hearing the staff recommends
that this petition be sent to the Common Council with an unfavorable recommendation.
Approving this rezoning will be an intrusion into the residential neighborhood. Future
commercial development should occur at the major intersections where commercial uses
are already established. The conflicts with the Comprehensive Plan and the surrounding
land uses do not make this a desirable site for commercial zoning. However, the Area
Plan Commission at its public hearing on December 21, 2004 sends this bill to the
Council with a favorable recommendation, subject to a connection to municipal sewer.
Councilmember Kirsits questioned whether the owner would have to have shrubbery
around the parking lot.
Mr. Videkovich stated that the petitioner would have to have shrubbery or the owner has
the option to preserve existing vegetation in lieu of some of the required vegetation.
Councilmember Kirsits then questioned the sign that the petitioner is going to put,
whether it would have to meet the standards of the new zoning ordinance.
Mr. Videkovich stated that all the signage on the property will have to meet the new
zoning ordinance and be in compliance with the “LB” district.
Councilmember Pfeifer asked if that also included the lighting on the sign?
Mr. Videkovich stated that the sign must meet the new lighting standards, so the light
does not flood onto other adjacent properties.
Kathleen Cekanski-Farrand, Council Attorney, stated that at the Zoning & Annexation
Committee meeting this afternoon, the motion was made to make substitute bill 82-04
subject to a written commitment approved by the Area Plan Commission limiting the use
of this property to a full service beauty salon. Again, this would be made verbally tonight
as a part of the motion, then it would be sent back to the Area Plan Commission to work
out the agreement.
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Ms. Julene D. Donohue, 525 North 17 Street, Niles, Michigan, co-owner of Rana’s
Generation III, an Indiana S-1 Corporation, made the presentation for this bill.
Ms. Donohue stated that she and her sister Janice Hensel are seeking to rezone this
property to allow for a beauty salon. Ms. Donohue stated that it is their intent to purchase
the property at 3055 E. Edison Rd., South Bend, Indiana, contingent upon successful
rezoning. Ms. Donohue advised that they will relocate their existing salon, which is
located at 409 N. Hickory Road to this location. Mr. Donohue stated that they have been
in business in South Bend for over forty (30) years and also have a location in Niles,
Michigan that they have been for over (48) years. Ms. Donohue stated that they are a
family business with a third generation started by her grandmother. Ms. Donohue stated
that the salon would be soft use business servicing approximately twenty (20) to forty
(40) clients per day and having limited evening hours so as not to disrupt the neighbors,
the shop would be closed on Sundays and Mondays, open until 8:30 p.m., only on
Thursday, closing at 5:30 p.m. Tuesday, Wednesday and Friday. Ms. Donohue stated
that they did a search in the area to find a location that was within two miles of their
existing location to service their clients. Ms. Donohue stated that it was hard to find
property that was in their price range and found this location on Edison and though it was
conducive to rezoning, because of the surrounding uses such as the Save-A-Lot Plaza,
I&M Building, Boehm Park, the numerous apartment complexes and rental homes in the
area.
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REGULAR MEETING JANUARY 24,2005
Councilmember Varner stated that one of the questions that arise from these kinds of
rezonings are signage. What kind of sign is going to be placed out in front of the
building? Is there going to be a huge lighted sign? Councilmember Varner asked that
since the bill is being amended to limit the use can an agreement be reached to limit what
type of signage can be used. Councilmember Varner stated that he would like to see a
sign no higher than four (4) feet above the ground.
Ms. Donohue stated that she is willing to an agreement on signage. She stated that she
already had a copy of the rules on signage.
Councilmember Pfeifer stated a concern that the restrictions are initiated by the Council
and questioned that once the petitioner and Area Plan work out the agreement, the
Council should have a chance to look at it, to make sure that the agreement is in
compliance with the Council.
Councilmember Puzzello stated that if this subject would come up again ten (10) years
from now, how would anyone know that this agreement existed?
Council Attorney, Kathleen Cekanski-Farrand stated that by State Law the commitments
are limited solely to the jurisdiction of the Area Plan Commission. If the Council would
go forward this evening by limiting the use solely to a full service beauty salon, that is it.
That is the only use that can take place, the commitment is then recorded, and the Council
could obtain a copy of that document.
Councilmember Rouse questioned whether the Council could approve this bill tonight
without the Area Plan Commission hearing the commitments.
Council Attorney, Kathleen Cekanski-Farrand stated that it is proper to send it back to
Area Plan, subject to the commitment, where you are limiting the use solely to this one
use.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given and 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 Varner made a motion for favorable
recommendation to full Council concerning this bill as substituted and amended, subject
to a written commitment approved by the Area Plan Commission, limiting the use solely
to a full service beauty salon. Councilmember Dieter seconded the motion which carried
by a voice vote of nine (9) ayes.
BILL NO. 3-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND
AMENDING ARTICLE 18 OF CHAPTER 2 OF THE
SOUTH BEND MUNICIPAL CODE TO SET AND
ADJUST FEES FOR DOCUMENTS AND SERVICES
Councilmember Kelly, Chairperson, Community and Economic Development
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. Thomas L. Bodnar, Assistant City Attorney, 1400 County-City Building, South
Bend, Indiana made the presentation for this bill.
Mr. Bodnar advised that this bill would allow an amendment to some existing charges
along with a number of additional charges for services and documents the City may
supply. The first change is the amount due for motor vehicle accident reports is raised to
$5.00. This is a closer reflection of the accurate cost. I.C. 9-29-11-1(a) provides that
$3.00 is a minimum fee which the City may charge. The motor vehicle inspection and
the rebuilt salvage inspection has been combined at a uniform fee. The vast majority of
such inspections are performed at the police station. I.C. 10-13-3-30 provides fees for
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REGULAR MEETING JANUARY 24,2005
processing a request for an inspection and, a release of a limited criminal history in the
mandated amounts of $3.00 and $7.00 respectively. I.C. 10-13-3-31 provides a
reasonable fee should be charged to the subject of the limited criminal history. I.C. 10-
13-4-12(a) authorizes certain persons to receive a juvenile history for a reasonable fee.
The amount that can be charged for public records requests is set at the amount of copy
costs by I.C. 5-14-3, these low limits do not apply to all requests for documents. For
non-public record documents, we may charge the actual processing costs. For example,
this would apply to documents requested by court subpoenas. There is no obligation to
mail materials requested for public records. However, we frequently have requested for
such documents, particularly from people who live out of town. Such persons might be
willing to pay for the service, and of course payment would have to be made in advance.
I.C. 35-47-2-3 authorizes a $10.00 fee, but prescribes that $5.00 should be returned if the
handgun license is not approved. Approximately eight years ago the South Bend Fire
Department made an investment in materials to conduct the Certified Personnel Agility
Test (CPAT) as part of the selection process for firefighters. Other departments have
elected to use South Bends equipment rather than make the investment themselves.
Some departments prefer that the South Bend Fire Department do the training and testing,
while others prefer to do it themselves. The charges suggested reflect all possibilities.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Al “Buddy” Kirsits, Councilmember at Large, disclosed that he is a
member of the South Bend Fire Department and after discussing this matter with Council
Attorney Kathleen Cekanski-Farrand they concur that there is no conflict of interest in
this matter.
st
Councilmember Derek D. Dieter, 1 District Councilmember, disclosed that he is a
member of the South Bend Police Department and after discussing this matter with
Council Attorney Kathleen Cekanski-Farrand they concur that there is no conflict of
interest in this matter.
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. Councilmember Dieter seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 2-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $374,361 WITHIN THE
EMERGENCY MEDICAL SERVICES CAPITAL
IMPROVEMENT FUND (#288) TO PURCHASE
NECESSARY FIRE EQUIPMENT
Councilmember White, Chairperson, Health and Public Safety Committee, reported that
this committee met this afternoon on this bill and sends it to the Council with a favorable
recommendation.
Battalion Chief Greg Metzger, South Bend Fire Department, 1222 S. Michigan Street,
South Bend, Indiana, made the presentation for this bill.
Battalion Chief Metzger, advised that bill would allow for the appropriation of
$374,361.00 within the EMCIF (Fund 288), to allow the Fire Department to purchase
seventy eight (78) Self Contained Breathing Apparatus/CBRN. During 2004 the
Department received a Federal Grant for $374,361.00 to purchase the SCBA’s. The Fire
Department will receive 70% of the total grant totaling $262,053.00, with a matching
share of 30% for $112,308.00. The grant will allow the Department the ability to provide
our firefighters with the state of the art SCBA’s, and in the event of a chemical,
biological, radiological and nuclear incident the SCBA’s will provide protection to our
firefighters.
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REGULAR MEETING JANUARY 24,2005
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Al “Buddy” Kirsits, Councilmember at Large, disclosed that he is a
member of the South Bend Fire Department and after discussing this matter with Council
Attorney Kathleen Cekanski-Farrand they concur that there is no conflict of interest in
this matter.
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. Councilmember Dieter seconded
the motion which carried by a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Dieter made a motion to rise and report to the full Council.
Councilmember White seconded the motion which carried by a voice vote of nine (9)
ayes.
ATTEST: ATTEST:
_______________________ _______________________
John Voorde, City Clerk Roland Kelly, 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 9:00 p.m. President
Charlotte Pfeifer presided with nine (9) members present.
BILLS, THIRD READING
ORDINANCE NO. 9565-05 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AN BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA,
CERTAIN LAND IN GERMAN TOWNSHIP
CONTIGUOUS THEREWITH; JIM & DONNA
GREGAR; ARTHUR & NANCY BEALL, 23931
& 23885 BRICK ROAD
This bill had third reading. Councilmember Varner made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
ORDINANCE NO. 9566-05 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
140 NORTH MEADE STREET COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH
BEND, INDIANA
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
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REGULAR MEETING JANUARY 24,2005
ORDINANCE NO. 9567-05 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
3055 E. EDISON RD., COUNCILMANIC
DISTRICT #4, IN THE CITY OF SOUTH BEND,
INDIANA
This bill had third reading. Councilmember Varner made a motion to consider the
substitute version of this bill as amended in the Committee of the Whole.
Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
ayes. Additionally, Councilmember White made a motion to pass this bill as substituted
and amended in the Committee of the Whole. Councilmember Kelly seconded the
motion which carried. The bill passed by a roll call vote of nine (9) ayes.
ORDINANCE NO. 9568-05 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND AMENDING
ARTICLE 18 OF CHAPTER 2 OF THE SOUTH
BEND MUNICIPAL CODE TO SET AND
ADJUST FEES FOR DOCUMENTS AND
SERVICES
This bill had third reading. Councilmember Kelly made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
ORDINANCE NO. 9569-05 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $374,361 WITHIN THE
EMERGENCY MEDICAL SERVICES CAPITAL
IMPROVEMENT FUND (#288) TO PURCHASE
NECESSARY FIRE EQUIPMENT
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 nine (9) ayes.
RESOLUTIONS
RESOLUTION NO. 3417-05 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 4050
RALPH JONES DRIVE TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR FULTON INDUSTRIES,
INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
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REGULAR MEETING JANUARY 24,2005
WHEREAS, a Declaratory Resolution designated the area commonly known as 4050
Ralph Jones Drive, South Bend, Indiana, and which is more particularly described as
follows:
Lots Numbered Sixteen (16) and Seventeen (17) as shown on the recorded Plat of Toll
Road Industrial Park Section 6, recorded April 7, 1989 as Document Number 8908570 in
the Office of the Recorder of St. Joseph County, Indiana
and which has Key Numbers 25-1013-021107 and 25-1013-021201, as an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Personal property tax abatement only
and is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Personal property tax deduction for a period of five (5) years,
and further determines that the petition complies with Chapter 2, Article 6, of the
Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 etseq .
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
s/Charlotte D. Pfeifer
Member of the Common Council
Mr. Richard Deal, Attorney, Barnes & Thornburg, 100 N. Michigan Street, South Bend,
Indiana made the presentation on behalf of the petitioner Mr. John D. Razzano, President,
Fulton Industries.
Mr. Deal advised that Fulton Industries is a precision machine shop which manufactures
components for engines, power-trains and other products. The new equipment includes
CNC Machining Centers, Computer Controlled Measuring and Manufacturing
Equipment and Ropotic Equipment. It is estimated that the total cost of the new
equipment will be between $5.2 and $8.2 million. The project will create 14-18 new,
permanent jobs within the first year, representing a new annual payroll of $630,000 to
$810,000.
A Public Hearing was held on the Resolution at this time.
Sharon Kendall, Executive Director, Community & Economic Development, 1200
County-City Building, South Bend, Indiana, spoke in favor of this bill.
Ms. Kendall advised that this project is a valuable asset to the City of South Bend,
Indiana.
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REGULAR MEETING JANUARY 24,2005
There was no one else present wishing to speak in favor of this bill and there was no one
present wishing to speak in opposition to this bill.
Councilmember Kelly made a motion to adopt this Resolution. Councilmember Kuspa
seconded the motion which carried and the Resolution was adopted by a roll call vote of
nine (9) ayes.
BILLS, FIRST READING
BILL NO. 5-05 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 9,
ARTICLE 1, SECTION 2 OF THE SOUTH BEND
MUNICIPAL CODE, TO INCORPORATE THE
2000 EDITION OF THE INTERNATIONAL FIRE
CODE
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Health and Public Safety Committee and set it for Public Hearing and Third Reading
on February 14, 2005. Councilmember Varner seconded the motion which carried by a
voice vote of nine (9) ayes.
UNFINISHED BUSINESS
REPORT FROM AREA PLAN COMMISSION
It is noted that the Council is in receipt of a recommendation from the Area Plan
Commission of St. Joseph County, for the following ordinance based on their
Public Hearing held on January 18, 2005:
BILL NO. 91-04 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 CERTAIN LAND IN GERMAN TOWNSHIP
CONTIGUOUS THEREWITH
Councilmember Varner made a motion to accept the substitute version of this bill as on
file in the City Clerk’s Office. Councilmember Dieter seconded the motion which carried
by a voice vote of nine (9) ayes. Additionally Councilmember White made a motion to
refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and
Third Reading on February 28, 2005. Councilmember Kuspa seconded the motion which
carried by a voice vote of nine (9) ayes.
NEW BUSINESS
Council President Pfeifer announced that the South Bend Common Council is seeking
citizens to apply for positions as Citizen Members on the 2005 Common Council
th
Standing Committees. Applications may be obtained from the City Clerk’s Office, 4
Floor County-City Building, Room 455, South Bend, Indiana. Additionally, Council
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REGULAR MEETING JANUARY 24,2005
President Pfeifer mentioned that there are vacancies on several Board and Commissions
that the Council makes appointments to. She stated that anyone interested in applying
may contact her at 574-235-5983.
PRIVILEGE OF THE FLOOR
There was no one present wishing to address the Council at this time.
ANNOUNCEMENT OF NEXT MEETING DATE
Council President Pfeifer advised that the next meeting of the Council will be held on
Monday, February 14, 2005.
ADJOURNMENT
There being no further business to come before the Council, President Pfeifer adjourned
the meeting at 9:10 p.m.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Charlotte D. Pfeifer, President
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